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Home My WebLink About20102436.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF BRANTNER AND WATKINS DITCH BRIDGES AT 168TH AVENUE/COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN -ADAMS COUNTY 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 Replacement of the Brantner and Watkins Ditch Bridges located at 168th Avenue/County Road 2 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 Adams County, commencing upon full execution, with 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 Replacement of the Brantner and Watkins Ditch Bridges located at 168th Avenue/County Road 2 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 Adams County 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 13th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO ATTEST: E)(CUSED se 1 Doty las Rademacher Chair Weld County Clerk to the Bo d A+ -- rbara Kirkmey r, Pro-Tem De t Clerk o the Board Sean P. way :‘,// AP E ORM: illiarrY F. Garcia ounty Attorney %) J Long A j. David E. Lon Date of signature: tt ' (G CC Pto 2010-2436 U Ipi/3/i0 EG0062 MEMORANDUM TO: Clerk to the Board DATE: October 8, 2010 FROM: Wayne Howard, County Engineer/CIP Pblic Works W�`pC SUBJECT:uAGENDA ITEM COLORADO Intergovernmental Agreement for Replacement of Brantner Ditch Bridge and Watkins Ditch Bridge at 168`" Avenue/WCR 2 Attached are two original signed agreements. Please return one original agreement to Public Works. . M:'FrancieW genda WayneHoward.doe 2010-2436 • BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Intergovernmental Agreement for Replacement of Bridges with Adams County DEPARTMENT: PUBLIC WORKS DATE: 8/27/10 PERSON REQUESTING: Wayne Howard, Engineering Division Brief description of the problem/issue: Adams County and Weld County share the jurisdiction of WCR 2 (168`h Avenue). These two bridges are in poor condition and need to be replaced. It has been determined that the replacement cost of the bridges is approximately equal. Therefore, this IGA proposes that each entity be responsible for replacing the bridge located within their current maintenance area, at no cost to each other. The bridge which Weld County will be responsible for replacing (WEL002.0-047.0B) is planned to be replaced by our bridge crews in 2011. Annually budgeted funds for bridge maintenance and replacement will be utilized. What options exist for the Board: The Board can choose to sign or not to sign the attached IGA. Without this approved IGA, each entity would need to initiate separate agreements for each bridge, budget funds specifically for that purpose, track the related costs in detail, and invoice each other for 50% of the funds spent. Recommendation to the Board: I recommend signing the IGA and proceeding with the two bridge replacement projects. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair Barbara Kirkmeyer ` Lt -"S i licteaucia i° 4"-` G4'^"` ' ` No • Sean P. Conway William F. Garcia David E. Long Attachments: IGA for WCR 2 Bridge Replacements . 5� INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF BRANTNER DITCH BRIDGE AND WATKINS DITCH BRIDGE AT 168`h AVE/WCR 2 (COUNTY LINE) THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 13� day of O tr , 2010, by and between the County of Adams, State of Colorado, by and through the Board of County Commissioners of Adams County, Colorado, hereinafter referred to as "ADAMS COUNTY," with offices located at 450 South 4`h Avenue, Brighton, Colorado 80601, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "WELD COUNTY," with offices located at 915 Tenth Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, ADAMS COUNTY and WELD COUNTY share the jurisdiction of 168`h Avenue/Weld County Road 2, and therefore share the responsibility for the repair, maintenance and replacement of the existing bridges over Brantner Ditch (ADA168-10.8N069) and Watkins Ditch (WEL002.0-047.0B), hereafter referred to as the "BRIDGES", the locations of which are shown in Exhibits "A" and"B", which are attached hereto and made a part hereof, and WHEREAS, both parties wish to replace the existing BRIDGES which are in poor condition. WHEREAS, both parties hereto desire to enter into an Agreement for the purpose of defining their respective responsibilities regarding the replacement of the BRIDGES, and WHEREAS, both parties are authorized to enter into this Agreement by C.R.S. § 29-1- 203 and Colorado Constitution Article XIV, § 18(2) (1), for the purpose of achieving greater efficiencies for the provision of services to the public. 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 the date of the replacement of both BRIDGES described herein. Both parties agree that the work described herein should be completed within a period of two years from the date of this Agreement, but are cognizant of the fact that these projects may be subject to budget constraints. By execution of this Agreement, neither entity shall warrant that funds will be available to fund this Agreement within the next two years, but each agrees to make the replacement of the BRIDGES a priority, and agrees that the projects undertaken shall be completed within two years of the execution of this Agreement. I111111111111111111114 111111111111 III 1111 11111111 3725591 10/15/2010 01:28P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 1 of 6 Pages • 2. DESCRIPTION OF IMPROVEMENTS: In general, the replacement of the BRIDGES shall consist of removing the existing structures and construction of new structures adequately designed and constructed to carry the traffic loads. The parties agree that the estimated cost of the replacement of each bridge is ONE HUNDRED AND SIXTY THOUSAND and NO/100 Dollars ($160,000.00). 3. DESIGN OF IMPROVEMENTS: ADAMS COUNTY shall be the lead agency with regard to the design of the Brantner Ditch Bridge and WELD COUNTY shall be the lead agency with regard to the design of the Watkins Ditch Bridge. Both parties agree that the Weld County Public Works Department and Adams County Public Works Department shall review and approve the final designs of both bridges. 4. RIGHT-OF-WAY ACQUISTION: WELD COUNTY and ADAMS COUNTY agree to acquire any necessary Right-of-Way (ROW) and/or easements in their respective jurisdictions at no cost to the other. If necessary, both parties shall confer and agree to contract with the same independent land appraiser. Both parties shall confer and agree as to the total extent of ROW and/or easements which will be necessary for the BRIDGES prior to any acquisition. 5. EMINENT DOMAIN PROCEEDINGS: If, after discussions with owners of any necessary ROW and/or easements identified for acquisition, such discussions are of no avail, both parties hereto shall consult with one another to determine if eminent domain proceedings are necessary. 6. CONSTRUCTION OF IMPROVEMENTS: ADAMS COUNTY shall be the lead agency with regard to the administration and construction of the Brantner Ditch Bridge, which responsibilities shall include, but not be limited to, obtaining necessary permits and clearances, providing construction traffic control, inspection, and materials testing. WELD COUNTY agrees to be the lead agency with regard to the administration and construction of the Watkins Ditch Bridge, which responsibilities shall include, but not be limited to, obtaining necessary permits and clearances, providing construction traffic control, inspection, and materials testing. 7. REIMBURSEMENT OF PROJECT COSTS: ADAMS COUNTY shall be solely responsible for all costs and expenses associated with the design and construction services associated with the Brantner Ditch Bridge and WELD COUNTY shall be solely responsible for all costs and expenses associated with the design and construction services associated with the Watkins Ditch Bridge. Neither party shall be entitled to reimbursement from the other for any costs incurred by the other in the performance of the obligations outlined in this Agreement. The parties do not intend to equalize the expenses of these bridge replacements. IIIIII IIIII IIIIII IIIIII III 1111111 IIIII III IIIII IIII IIII 'ages 3725591 10/15/2010 01:28P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8. ENTIRE AGREEMENT: This writing, together with the exhibits 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 and assigns of said parties. 9. NO WARRANTY: By virtue of its entering into this Intergovernmental Agreement and upon its promises to perform the work described herein, WELD COUNTY and ADAMS COUNTY make no warranties, either express or implied, that the improvements 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. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Intergovernmental Agreement shall be an incidental beneficiary only. 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. AID 11111 111111 111111 111 1111111 11111 III VIII IIII IIII 3725591 10/15/2010 01:28P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 13. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: ADAMS COUNTY: WELD COUNTY: Besharah Najjar, Public Works Director Wayne Howard, County Engineer 12200 Pecos Street, 3`d Floor P.O. Box 758, 1111 "H" Street Westminster, CO 80234 Greeley, CO 80632 Phone: 303-453-8787 Phone: 970-304-6496, ext. 3788 14. GOVERNMENTAL IMMUNITY: No term or condition of this contract 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: COUNTY OF ADAMS, STATE OF COLORADO, by and through the Board of �S`�ONTr[��Os County Commissioners of Adams County 9 zf. / By: I//� n �\� By: eputy) Clerk to th : • " Chai APPROVED S TO FORM COUN pi ATTORNEY a - - --w ATTEST: �� ,COUNTY OF WELD, STATE OF �'�• �� OLORADO, by and through the Board of ounty Commissioners of Weld County By:// L �s :.�! J,'��.�I� By .S fkt/r i (Depu "Clerk to the Board o-Tem Chair, Ba bara Kir ever 10/13/2010 1111111 11111 111111 111111111 1111111 11111 III 11111 1111 1111 3725591 10/15/2010 01:28P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 4 of 6 Pages • • _.. `: .. . Si f _.t r, ,EXHIBIT A . , . ... 4 :... r ilibb.. IFIT , , - • V Al, .4 (p. i :11' 1. It • i r d- -r .' ,�, lc Y Y T - .�. r /�� t it. k * - =r. r / I *I rit ..,ry lti ,. • t1 4 di : ,__ Via.• .. .. . .• • x 5' I� . : 111.. 1 �'. ., --� . tsi. i., . _ ,... .8, -1.- :-.-.—--.4r • 4 ji .' • ri•i _ . .z. ..„( S Ts N t. ..:_ir. i .,,,,,f - ,,et ... sr . ...i, II • _ `�.. • i. all 41114". i' BRIDGE ADA168- 10 .8N069 +'. .2. ...aloe' 7 • , , rit _"- le. ..., ,c,.. . I � 4,4 E 68th' Ave 4w.? . .. • ,!f t "!- 1-- ii • r -a - y. • . •- r •••,a,„' .— - o . _• ;°'� } - •• at - .11!" 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