HomeMy WebLinkAbout20131970.tiffRESOLUTION
RE: APPROVE AGREEMENT REGARDING IMPROVEMENTS TO INTERSECTION OF
COUNTY ROAD 59 AND STATE HIGHWAY 52 AND AUTHORIZE CHAIR TO SIGN -
WELD COUNTY SCHOOL DISTRICT RE -3J
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 Agreement Regarding Improvements
to Intersection of County Road 59 and State Highway 52 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 Weld County School District RE -3J, commencing upon
execution of signature, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Agreement Regarding Improvements to Intersection of County Road
59 and State Highway 52 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 Weld County School District RE -3J, 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 24th day of July, A.D., 2013.
BOARD OF UNTY COMMISSIONERS
WELD .C . OLORADO
ATTEST:
Weld County Clerk to the
BY:
APP
WilYfam F. Garcia, Chair
ugla! adema er, ro- em
Deputy Clerk to the a'. .' , EXCUSED
Sean P. Conway
DASTO •RM:
y Attorney
Mike Freeman
arbara Kirkmeye
eat Pk) (E,R)
8 -al -/3
Date of signature: SPX
2013-1970
EG0068
AGREEMENT REGARDING IMPROVEMENTS
TO INTERSECTION OF WCR 59 AND SH 52
THIS AGREEMENT made and entered into this (7 day of c2e , 20 /,6 , by and
between Weld County School District RE -3J, a school district of the State of Colorado, whose
address is 99 W. Broadway Street, Keenesburg, Colorado, hereinafter referred to as "SD 3J," and the
County of Weld, State of Colorado, by and through the Board of County Commissioners of the
County of Weld, Colorado whose address is P.O. Box 758, 915 10th Street, Greeley, Colorado
80632, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, the Colorado Department of Transportation ("CDOT") intends to commence a
roadway improvement project, hereinafter referred to as "the Project", which includes improving
sections of roadway on Weld County Road ("WCR") 59 and State Highway ("SH") 52, as further
described in the attached Exhibit "A," and
WHEREAS, County, through a Contract with CDOT, has agreed to pay an upfront amount of
$662,000 toward the Project, with sixty percent (60%) of that sum being reimbursed to County by
SD 3J, without interest, according to the terms of this Agreement (a total of $397,200), and the
remaining forty percent (40%) being contributed to the Project by County (a total of $264,800).
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. CONTRIBUTION TO THE PROJECT: Through a Contract with CDOT, County shall pay
to CDOT for the Project an upfront amount of $662,000, as described in Exhibit A.
2. REIMBURSEMENT BY SD 3J: SD 3J agrees to reimburse to Weld County sixty percent
(60%) of said $662,000, without interest, being a total reimbursement of $397,200, according
to the following schedule:
Payment Date
October 1, 2013
October 1, 2014
October 1, 2015
October 1, 2016
October 1, 2017
Total
Amount
$79,440
$79,440
$79,440
$79,440
$79,440
$397,200
The remaining $264,800 shall be contributed to the Project by County.
2013-1970
Page 1 of 3 Pages
3. ENFORCEMENT: County shall have authority to collect from SD 3J any or all of the
amounts remaining of the $397,200 by collection action filed in Weld District Court upon a
payment listed in Paragraph 2, above, is not made on the indicated date.
4. MISCELLANEOUS PROVISIONS:
a. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the Parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiation, representation, and
understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by each of the Parties. Course of conduct, no matter how long,
shall not constitute an amendment to this Agreement.
b. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of the Parties to expend funds not otherwise appropriated or
budgeted for.
c. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of
execution within the original intent of the Parties.
d. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the Parties or their officers or employees
may possess under federal or state constitutional, statutory or common law.
e. No Third Party Beneficiary. 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 Parties and
nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person or entity not included in this Agreement. It is the
express intention of the Parties that any individual or entity other than the Parties
receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
f. Execution. This Agreement may be executed in counterparts and by facsimile or
electronic PDF, all of which shall constitute one instrument.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of
the day and year first hereinabove written.
ATTEST:
By:
WELD COUNTY SCHOOL DISTRICT RE -3J
ATTEST: (' ,� OUNTY OF WELD, a political subdivision
Weld County Clerk to the Bo
f the STATE OF COLORADO
By: /(l�fliiLtC �J7//s►y� i'3is" v By:
Deputy Clerk the Ioard
William F. Garcia, Chairman
JUL 2 4 2013
Page 3 of 3 Pages
Y/3 -/9P"
SH 52 and WCR 59 Intersection
Project: FSA 052A-036
Subacct: 18108
Date: 1/17/2013
Design
Utilities
ROW
Construction
Elements
3, 7 and 9
Elements
3 and 9
Element 7
CDOT Budget
Left and Right
Left Turn Only
Right Turn Only
$380,000
$380,000
$380,000
$380,000
$20,000
$632,000
$40,000
$40,000
$50,000
$20,000
$2,000
$750,000
$750,000
$608,000
$497,000
Totals = $1,150,000I $1,812,0001 $1,048,000I $919,OOOI
The Left and Right Turn option's utililties includes Fiber Optics, ditch removal
and relocation, water and sewer relocation. Sewer is the only utility cost for
the Left Only and Right Only options.
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From: Elizabeth Relford
Sent: Tuesday, July 23, 2013 9:29 AM
To: Bruce Barker
Subject: RE: IGA for Review - 18108 Weld County SH52 & WCR 59
Yes, they had a work session February 4, 2013 to approve the funding. I have attached the work
session information for you. The BOCC agreed they would contribute funding if RE -3J contributed
also. It was agreed that RE -3J would pay 60% and Weld County 40%. Weld County would front the
entire $662,000 and RE -3J would reimburse the County 20% upfront ($79,440) and then pay 20%
annually until the balance is paid approx 4-5 years. I have been working with Ed Meier whose last
day is July 31St. We need to get the agreement (2 copies) to him prior to that so he can get it on
the August 14th School Board Agenda. Once we have the signed copies, we can get it on the BOCC
agenda.
Let me know if you need anything else.
Thanks,
Elizabeth
Elizabeth Relford
Transportation Planner
Weld County Public Works
1111 H Street
PO Box 758
file://C:\Users\egesick\AppData\Local\Microsoft\Windows\Temporary Internet Files\font... 7/24/2013
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