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Home My WebLink About20130409.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS FOR COUNTY ROAD 23 AND STATE HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Construction of Intersection Improvements for County Road 23 and State Highway 392 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Windsor, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Construction of Intersection Improvements for County Road 23 and State Highway 392 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Windsor, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D., 2013. ATTEST: Weld County Clerk to the Board BY: Deputy Cler APP my rney Date of signatureFEB 2 0 2013 BOARD OF TYCOMMISSIONERS WELD CO ORADO illiam F. Garcia, Chair Dougla rnache'r. Pro -Tern Sean P. Conway arbara Kirkmeyer CC: ?w,l2. (► 2013-0409 EG0068 MEMORANDUM TO: Clerk to the Board DATE: February 4, 2013 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda IGA with Town of Windsor for Construction of Intersection Improvements to WCR 23 and State Highway 392 in the amount of $150,000. Attached are two, duplicate original IGA Agreements. Please return one signed original to Public Works Department. M \FrancieAAgendaMlkeBedell-I docx 2013-0409 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Windsor IGA for WCR 23/SH 392 Intersection Improvements Construction DEPARTMENT: PUBLIC WORKS DATE: 1/30/13 PERSON REQUESTING: Wayne Howard, Engineering Division Brief description of the problem/issue: As a result of a grant application submitted by Public Works staff, Weld County has received authorization for Federal -Aid funds for construction of this project. This $3,200,000 construction project is proposed to be funded jointly by the following agencies: Weld County ($623,000), Windsor ($150,000), Severance ($100,000), CDOT Funds ($921,000), and NFRMPO Federal Funds ($1,406,000). The attached IGA is required to secure the Town of Windsor funds portion. In addition, Public Works would like to submit to the BOCC a one -page contracts/agreements checklist for informational purposes. This checklist shows the BOCC all of the upcoming contracts/agreements which are required for this project and will be submitted for review/approval in 2013. What options exist for the Board: The Board can choose to sign or not to sign the attached IGA. Without this approved IGA, upcoming construction of the proposed improvements may be delayed or we may lose the potential funding source from Windsor. If the IGA is approved, Public Works will administer completion of the construction. Recommendation to the Board: Public Works recommends signing the Windsor IGA and proceeding with construction of this project. William F. Garcia, Chair Douglas Rademacher Sean P. Conway Mike Freeman Barbara Kirkmeyer Approve Schedule Recommendation Work Session ft t7Y, mF Comments Attachments: Windsor WA for WCR 23/SH 392 Intersection Improvements Construction. Contracts/Agreements checklist for the WCR 23/SH 392 Intersection Improvements Project. INTERGOVERNMENTAL AGREEMENT WITH TOWN OF WINDSOR, COLORADO FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS FOR WCR 23 AND SH 392 THIS AGREEMENT made and entered into this day of , 2013, by and between the Town of WINDSOR, Colorado, a municipal corporation of the State of Colorado, whose address is 301 Walnut Street, Windsor, Colorado 80550, (hereinafter referred to as "WINDSOR"), and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, State of Colorado, whose address is P.O. Box 758, 1150 "O" Street, Greeley, Colorado 80632, (hereinafter referred to as "COUNTY"). WITNESSETH: WHEREAS, COUNTY commenced a roadway improvement project to improve sections of roadway on Weld County Road (WCR) 23 and State Highway (SH) 392, (hereinafter referred to as the "PROJECT"), by applying for and receiving approval for grants from the State of Colorado and the Federal Government, and WHEREAS, on February 23, 2011, COUNTY and CDOT entered into an Intergovernmental Agreement to initiate the PROJECT by the release of State and Federal funds for its design phase, and WHEREAS, COUNTY and WINDSOR previously entered into an Agreement to pay for the design of the PROJECT, and WHEREAS, the design of the PROJECT has now been substantially completed, and WHEREAS, both parties to this Agreement are authorized to enter into said Agreement by C.R.S. Sec. 29-1-203 and the Colorado Constitution Article XIV, Sec. 18(2), for the purpose of achieving greater efficiencies for the provision of services to the public, and WHEREAS, both parties desire to enter into this Agreement for the purpose of defining their respective roles and responsibilities regarding the construction of the PROJECT, and WHEREAS, the total estimated cost of the PROJECT CONSTRUCTION is $3,200,000.00, which is expected to be shared as more particularly set forth in this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from the date first written above to and until the PROJECT described herein has been completed, or until terminated pursuant to the terms of Paragraph 3 of this Agreement. Page 1 of 4 2. SELECTION OF CONSTRUCTION CONTRACTOR: The parties agree that following the execution of an Intergovernmental Agreement between COUNTY and the Town of Severance, Colorado, (in substantially the same form as this Agreement), and the execution of this Agreement, and following concurrence to advertise the PROJECT for construction by CDOT, COUNTY shall proceed with the bid process and shall select a general contractor for the construction of this PROJECT. 3. SHARING OF PROJECT CONSTRUCTION COST: The estimated cost of the PROJECT construction under this Agreement shall be funded as follows: COUNTY Funds WINDSOR Funds Severance Funds NFRMPO (Federal) Funds CDOT (State) Funds Total Funds $623,000.00 $150,000.00 $100,000.00 $1,406,000.00 $921,000.00 $3,200,000.00 As reflected above, the sum to be paid by WINDSOR is $150,000.00 and shall be paid to COUNTY within thirty (30) days of its receipt of an invoice from COUNTY, unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by both parties hereto that the total cost of the PROJECT construction stated hereinbefore is the best estimate available, based on the cost data at the time of execution of this Agreement, and such cost is subject to revisions (in accordance with the procedure in the previous sentence), agreeable to the parties prior to award of a construction contractor contract. The parties hereto further understand and agree that the construction of the PROJECT is contingent upon all funds designated for the project herein being made available in the amounts and from the entities/sources identified above. Should these entities/sources fail to provide necessary funds as agreed upon herein, the Agreement may be terminated by either party upon written notice being delivered to the other party. COUNTY AGREES: a. To be the lead agency and have jurisdiction over the project construction upon execution of this Agreement, allowing for full authority in contractual arrangements during the prosecution of the PROJECT construction. b. To be responsible for the administration of the PROJECT construction and to include WINDSOR in the construction process during major construction decisions. 5. WINDSOR AGREES: a. To pay its share of the PROJECT construction cost ($150,000) to COUNTY as required in Paragraph 3, above. Page 2 of 4 6. PROJECT CONSTRUCTION COOPERATION: It is anticipated that construction of the PROJECT will take place in 2013. Each party represents that it has budgeted the funds required under the terms of Paragraph 3 of this Agreement and has made them available for the PROJECT'S construction. Neither COUNTY nor WINDSOR warrants that said funds will be available to fund this Agreement beyond fiscal year 2013. 7. ENTIRE AGREEMENT: This writing constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors ands assigns of said parties. 8. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 9. NO WARRANTY BY WELD COUNTY: By virtue of its entering into this Agreement and upon its promises to perform the work described herein, WELD COUNTY makes no warranties, either express or implied, that the PROJECT construction agreed to herein meet or will meet standards other than those generally required for counties and cities of the size and type similar to the parties herein. 10. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 11. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire Intergovernmental Agreement and understanding between the parties to this Intergovernmental Agreement and supersedes any other Intergovernmental Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. In the event of a dispute between COUNTY and WINDSOR, concerning this Agreement, the parties agree that neither shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the other. Page 3 of 4 12. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 13 NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: WINDSOR: Dennis Wagner, Engineering Director 301 Walnut Street Windsor, CO 80550 Phone: 970-674-2406 WELD COUNTY: Wayne Howard, County Engineer P.O. Box 758, 1111 "H" Street Greeley, CO 80632 Phone: 970-304-6496, ext. 3788 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: By: Patti Garci own Set& \ TOWN OF WINDSOR, COLORADO John Vazquez, ATTEST:6waa.�" BOARD OF COUNTY COMMISSIONERS WELD COUNTlerk to the Board WELD COUNTY, COLORADO B / By: Will m Fes. Garcia, Chair FEB 1 1 2013 Page 4 of 4 acr3 - cyc Hello