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Home My WebLink About20110554 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR DESIGN 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 the Design 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 January 24, 2011, 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 Intergovernmental Agreement for the Design 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 28th day of February, A.D., 2011, nunc pro tunc January 24, 2011. BOARD OF COUNTY COMMISSIONERS / 1 WEL COUNTY, COLIRADO ATTEST: • A 1861 1` O bara Kirkmeyer, hair Weld County Clerk to the B rd P tr. Oiy leb Nean-P-. y, Pro Tem Deputy Clerk to the Boar O ,m F. GQ ((arcaa� AP:"O DAS '�" O' : J �i avid E. Long C. nty Attorney �A YkalC `�l J JJ//,,,, ouglas ademach r Date of signature: i& � I r co 2011-0554 3 -1/ -1/ EG0064 MEMORANDUM TO: Clerk to the Board DATE: February 22, 2011 Wayne Howard, County Engineer/CIP WE`D 0 • FROM: Public Works COLORADO SUBJECT: CONSENT AGENDA ITEM IGA for design of intersection improvements for WCR 23 and State Highway 392 with the Town of Windsor. Attached are two original Agreements. Please return one signed original to Public Works. cc: Mike Bedell M:\Francie 2011-0554 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Severance IGA for WCR 23/SI-I 392 Intersection Realignment Design DEPARTMENT: PUBLIC WORKS DATE: 1/24/11 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 design of this project. The project involves realignment, widening, and safety improvements to the existing off-set intersection. This$400,000 design project is proposed to be funded jointly by the following agencies: Weld County ($50,000), Windsor ($25,000), Severance ($25,000), CDOT State Funds ($100,000), and HIRE Federal Funds ($200,000). The attached IGA is required to secure the Town of Severance funds portion. The project funding will be utilized to select a qualified engineering consultant in 2011 to complete a detailed design of the proposed improvements. Construction funding may be available in the future with CDOT's FASTER Funds. What options exist for the Board: The Board can choose to sign or not to sign the attached IGA. Without this approved IGA, design of the proposed improvements will likely be delayed, and the existing road conditions and safety conditions will continue to decline. If the 1GA is approved, Public Works will administer completion of the design,and pursue options for construction funding with the other agencies involved. Recommendation to the Board: Public Works Department recommends signing the Severance IGA and proceeding with design of this project. Approve Schedule Recommendation Work Sjssion Comments II , I` �/ y Barbara Kirkmeyer,Chair ]/� (11t tua I,LJL,1l&r J Z1fl- Douglas Rademacher Sean P. Conway William F. Garcia (A I. ®� David E. Long Attachments: Severance ICA for WCR 23/SH 392 Intersection Realignment Design. Noce `I15 ( o ) cz4 StSS‘C-ftJ . -0CC-Vb a c) Ca Cri."'• t AN \-'IZssro.�i 1 , Co �- \.AA-.Oc 1-GF> S tZcS1c>N�� Fa\ Sks;S r, vo ,oC C 5j INTERGOVERNMENTAL AGREEMENT FOR DESIGN OF INTERSECTION IMPROVEMENTS FOR WELD COUNTY ROAD 23 AND STATE HIGHWAY 392 THIS AGREEMENT made and entered into thisV day of,16.nus0st, , 2011, by and between the Town of WINDSOR,Colorado,a municipal corporation of the State of Colorado,whose address is 301 WALNUT STREET, WINDSOR,CO 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, Colorado whose address is P.O. Box 758, 915 10th Street, Greeley,Colorado 80632, hereinafter referred to as "WELD COUNTY." WITNESSETH: WHEREAS, WELD COUNTY has commenced a roadway improvement project hereinafter referred to as the"PROJECT", by applying for and receiving approval for grants from the State and Federal Governments to improve sections of roadway on Weld County Road (WCR) 23 and State Highway(SH) 392, 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 PROJECT, and WHEREAS, the total estimated cost of the PROJECT design is $400,000.00, which various governmental entities and agencies agree shall 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 such time as the PROJECT described herein shall be completed. 2. SELECTION OF DESIGN CONSULTANT: The parties agree that following approval of this Agreement, WELD COUNTY shall select a design consultant to prepare plans for the construction of this PROJECT. 111111111111111111111111111111111111111III 11111 IIII IIII 3753597 03/02/2011 01:17P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Page 1 of 4 spry/-r-5 ,-3z/ • 3. SHARING OF PROJECT DESIGN COST: The estimated cost of the PROJECT design under this Agreement shall be funded is as follows: WELD COUNTY Funds $50,000.00 WINDSOR Funds $25,000.00 Severance Funds $25,000.00 HIRE (Federal)Funds $200,000.00 CDOT (State) Funds $100,000.00 Total Funds $400,000.00 The sum to be paid by WINDSOR is$25,000.00 and shall be paid to WELD COUNTY within thirty (30) days of receiving an invoice from WELD 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 design 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 consultant design contract. The parties hereto agree that this Agreement 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. 4. WELD COUNTY AGREES: a. To be the lead agency and have jurisdiction over the project design upon execution of this Agreement, allowing for full authority in contractual arrangements during the prosecution of the PROJECT design. b. To be responsible for the administration of the PROJECT design and to include WINDSOR in the design process during major design decisions. 5. WINDSOR AGREES: a. To pay its share of the PROJECT design cost($25,000) to WELD COUNTY as required in paragraph 3, above. 6. PROJECT CONSTRUCTION COOPERATION: WINDSOR agrees to cooperate and participate with WELD COUNTY for ongoing and future efforts to obtain grant funds for construction of the PROJECT. It is anticipated that construction of the PROJECT will only proceed if State or Federal Grant funding is obtained. 111111111111111111111111111111111111111III 11111 IIII IIII 3753597 03/02/2011 01:17P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 4 7. ENTIRE AGREEMENT: This writing,together with the exhibits attached hereto,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 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 design 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. 1 111111 111111 11111 IIIII 111111 111 III NH1111 3753597 03/02/2011 01:17P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 4 • 12. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: WINDSOR: WELD COUNTY: Dennis Wagner, Engineering Director Wayne Howard, County Engineer 301 Walnut Street P.O. Box 758, 1111 "H" Street Windsor, CO 80550 Greeley, CO 80632 Phone: 970-674-2406 Phone: 970-304-6496, ext. 3788 13. 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-I0I et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: TOWN OF WINDSOR, COLORADO Q � W /77 By: O * �. ' Patti Garcia, Tn n Clerk o ohn Vazquez, .r * r, g.:e Pr ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY Clerk to the n WELD COUNTY, COLORADO By: (Deputy) ' erk to the B rd Barbara Kirk yer, Chair FEB 2 u 2011 1111111 11111 11111 11111 11111 111111 11111 III 111111111111 3753597 03/02/2011 01:17P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 4 of 4 ._;?(/ — '/ Hello