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Home My WebLink About20112765.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR COUNTY ROAD 28 BETWEEN COUNTY ROADS 7 AND 9.5 AND AUTHORIZE CHAIR TO SIGN -TOWN OF MEAD 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 Roadway Improvements for County Road 28 between County Roads 7 and 9.5 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 Mead, commencing upon full execution of said agreement, 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 Construction of Roadway Improvements for County Road 28 between County Roads 7 and 9.5 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 Mead 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 19th day of October, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: 4J ca / /?C� ,c rbara Kirkmeyer, air Weld County Clerk to the Board P. C. 'ro-Tem Deputy 2_rk to the Board` l 1 mm F. Garcia APPROVED AS TO'FdRM: `®1/4‘r (' vid E. Lon/ ,--CoUhfy Attorney �A Douglat Radema er Date of signature: i D 3-1-/ 1 �lo m Q_CLCA 2011-2765 G 3i - tl EG0064 Town of Mead ead P.O. Box 626 441 Third Street Mead, Colorado 80542-0626 Mead-"A Little Town (970)535-4477 Office With Big Future" (970)535-0831 Fax • September 29, 2011 Board of County Commissioners of the County of Weld, Colorado P.O. Box 758, "O" Street Greeley, CO 80632 Board of County Commissioners: Please find enclosed the signed IGA for Construction of Roadway Improvements for Weld County Road 28 between Weld County Road 7 and Weld County Road 9.5. If you have any questions please feel free to contact the Town Manager, Dan Dean at 970.535.4477 or email: ddean@townofinead.org. Respectfully andi F. Su de , CMC Acting Town Clerk 2011-2765 INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR WELD COUNTY ROAD 28 BETWEEN WELD COUNTY ROAD 7 AND WELD COUNTY ROAD 9.5 THIS AGREEMENT made and entered into this)qtL day of (Defter' , 2011, by and between the Town of MEAD, Color do, a municipal corporation of the State of Colorado, whose address is 441 - 3`d Street, P.O. Box °Mead, CO 80542, hereinafter referred to as "MEAD" 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, 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "WELD COUNTY." WITNESSETH: WHEREAS,WELD COUNTY has operational and maintenance jurisdiction of Weld County Road 28 beginning from section line of Weld County Road 7 extending east approximately 4,420 linear feet, hereinafter referred to as "WCR 28 WELD COUNTY", and WHEREAS,MEAD has operational and maintenance jurisdiction of WCR 28 beginning from section line of WCR 9.5 heading west approximately 3,455 linear feet, hereinafter referred to as "WCR 28 MEAD", the locations of which are shown in Exhibit "A", and WHEREAS,both parties wish to make roadway improvements to WCR 28 WELD COUNTY and WCR 28 MEAD and to share in the construction costs of such improvements herein referred to as the "PROJECT". 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 is $450,000.00, which the 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. DESCRIPTION OF IMPROVEMENTS: In general, the PROJECT'S improvements shall 1111111111111111111111111110111111111IIlMID ; 1of4 3801311 10/25/2011 02:54P Weld County, CoQ// 0? ,�� 1 of 5 R 0 00 n 11 fin SIPOP Mnronn Mari/ 2. ee.....a.,. consist of the making surface improvements to the existing roadway including cement treated base and chipseal. The width of improvements of WCR 28 MEAD shall be two twelve foot lanes with 4 foot shoulders and the width of improvements on WCR 28 WELD COUNTY shall be two twelve foot lanes with two foot shoulders. The total construction cost for the PROJECT is estimated to be approximately $450,000.00. The estimated cost is detailed in Exhibit "B", dated August 2, 2011, which is attached hereto and made a part hereof by this reference. 3. SHARING OF PROJECT COST: The estimated cost of the PROJECT under this Agreement shall be funded is as follows: WCR 9.5 REMAINING Funds $362,998.54 WELD COUNTY Funds $ 43,500.73 MEAD Funds $ 43,500.73 Total Funds $450,000.00 The WCR 9.5 Remaining funds are funds remaining from a previous joint oint project on WCR 9.5 as described in the First Addendum,dated November 5,2007,to the IGA, dated February 21, 2007 between MEAD and WELD COUNTY. The maximum sum to be paid by MEAD is $43,500.73 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 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. 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. 5. MEAD AGREES: a. To pay its share of the PROJECT cost to WELD COUNTY as required in paragraph 3, above. 6. ENTIRE AGREEMENT: This writing,together with the exhibits attached hereto,constitutes 1111111111111111111 III 11111 IIII 11111111 III 11111 IIII IIII of 4 3801311 10/25/2011 02:54P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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. 7. 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. 10. 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. 11. 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. 12. 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. 13. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: MEAD: WELD COUNTY: Trent Marshall, Town Engineer Wayne Howard, County Engineer JR Engineering P.O. Box 758, 1111 "H" Street 12195 Mariposa St, Suite 100 Greeley, CO 80632 Westminster, CO 80234 Phone: 970-304-6496, Ext 3788 Phone: (720) 872-9850 1111111111111111111 III 11111 III' 11111111 III 11111 I'll J[ 3 of4 3801311 10/25/2011 02:54P Weld County, CO 3 of 5 ft 0.00 D 0.00 Steve Moreno Clerk& Recorder 14. 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: TOWN OF MEAD, COLORADO By. Sandi F. Sugden, cting Town Clerk ichard W. Macomber,Mayor ATTEST: /-3f- BOARD OF COUNTY COMMISSIONERS WELD COUNTY Clerk to the Board WELD COUNTY, COLORADO BY:41-1/7/1/12 4 (Deputy) fPlerk to the Board — Barbara Kirkm er, Chair I I . I_ 4\` OCT 192011 Il : i ♦ e' , Cj •0 • all IIIII 1111111 III Ili VI IIIIIIII III lel II IN 1 10/25/2011 02:54P Weld county, CO 4,31 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder rage Y of 4 O//- c2 765 nt .• r _ Y � EXHIBI 't _r. jr, . TT. , � � _. �, / I titi• 1 r r r_ �r_ r r r __• r r r r. r r r r rI"`� rr_, _�-_7 r r r r r rle: .oil a _ . -'-- -- � rn a, it _ ■ �1 tom. . P j - ' r t,:• r 'M�-. c ., ▪ t Y c ! ICS'. I 1 .'-' ''S .r•-,4, .1 1• I R '1 -.._. �� /., • ." `•��` art 1 /l f- • .' • ' 7 f Ill' _t I ' I1 r Mid I ` a •• 1 I! p • i • 1j ....- 111: ' ,•- r t / { 1. y1• lr z+i I ! �.: . i' C28 U_! LD CO . . tr I. 1,A ,.,,,, k_,y9. • •r 1.11 r ■ ■•1 •� ■'G-,rr - - w '-� '.� 1 1 'F-� ' "1 ' • coi• if.1• I '1 .,. t i• .4 ��, K. � 1 / - _ •7R-. ` r r Iyl ADit '-.-._, .- • • ''?.).‘• ir . • .• be - - ' - - • . 1::! ( I rl j •�, ` .r •• {!1 J as—. • t , .r .�' - _ IIiltt; r t.rrt ,+• yr. • . a ' I 1 • 0 II is as" � 6. 1�Verg�a 1 1 _ 1;3, �L':-:•_- ,. •- is . -- . t.-r—� 6`� - — 1 1•t. • - - , --.�. _ i ..;F • . . . . • 1II S . I: :II •, --gin .'r I 1 1 1 .. -. F' • I Ill v;' 4.4 . I. 1.1 t -- '!' •,t i : • : 11 I r - .• .{ r j i :- - II I ysi 1 :n`i a( w • • LL lJ 1•, •f 1 1' ,, 1„ ,,..) lic ...F •, t I� r ! • , I I r.i.• .A rl. • " 1. • I - ' . iiiiiii 1 . 1•1 .. �,. ' ly 1 +l w . 1 • 1,- - .4" . I I -, a,�r d' .. I I II. i 11 1 2• -' r •▪ 111 ��y4�rr r r+ r r-{�' - ' �,a N SS }' \ . ` ,� .VJ/ f rl •1 -�. Zt � 1 Is s'• ■ ‘ M T %),' 'Iee Aj o[,i s-'i1 ; ry "F.' jj '. S , iljj; I A• L Zir �7e 11. � Ir. r .` jr , '�I�I r ,:J�' , :13:::, J � ,. te �!^- �. I I•. t \v`hi - `y'i��.1y+ _ e*,••••fir/ :, _• -'i 4 • " ..-..mac .. rc - .l -• r `1'. I PT V rJ r 1 i .1 '. tiT n'elf -or I. \ 11. 1 . n 1 .s �. a '' k , _ 1 111111 IIIII 1111111 III 11111 1111 11111111 III 11111 1111 1111 3801311 10/25/2011 02:54PoClerk & Recorder 5 of 5 R 0 .00 D 0.00 Steve Moreno EXHIBIT "B" WELD COUNTY PUBLIC WORKS DEPARTMENT PRELIMINARY COST ESTIMATE Project Name WCR 28 AP a Project Limits CR 7 to CR 9.5 DATE 2-Aug-11 ' PROJECT LENGTH Weld 4420'/Mead 3455' W111€ WELD CREW CONSTRUCTION $450,000 COLORADO BUDGET AVAILABLE FROM 9.5 $362,298 TYPICAL SECTION DESIGN 2011-12 WCR 28 MEAD 12'Lane/4'Shoulder R.O.W. 2012 WCR 28 WELD COUNTY 12'Lane/2'Shoulder CONST. 2012 CONSTRUCTION COSTS UNIT UNIT $ QUANTITY TOTAL CLEARING, GRUBBING, & REMOVALS LS $15,000 1 $15,000 EMBANKMENT (6'x2'x4350') CY $9 2,000 $18,000 CTB (10"@5%x28'x1.5 Mi.) TON $250 , 500 $125,000 CHIPSEAL _ SY $2.8 26,035 $71,596 DRAINAGE LS $75,000 1 $75,000 TRAFFIC CONTROL, SIGNING & STRIPING LS $15,000 1 $15,000 GUARDRAIL TYPE 3 (6'-3" SPACING) LF $35 175 $6,125 EROSION CONTROL/SEEDING LS $7,500 1 $7,500 UTILITY RELOCATION LS $20,000 1 $20,000 MOBILIZATION LS $25,000 1 $25,000 CONTINGENCY $71,779 *Total $450.000 * Costs do not include Engineering or ROW Notes: Chipseal at contracted Price Drainage include small cross culverts but nothing significant Large cut or fill areas not included in costs Does not include any improvements to bridge 28/9A (Mead's) Hello