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Home My WebLink About20090231.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SURVEY AND PRELIMINARY DESIGN FOR WELD COUNTY ROAD 23 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 Survey and Preliminary Design for Weld County Road 23 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 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 Survey and Preliminary Design for Weld County Road 23 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 January, A.D., 2009. ATTEST: iHri Weld County Clerk to the B BY- - I2 Depot Clerk the Board 7 APPROVED AS TO4RORM: County Attorney Date ofsignature-1NI(YI BOARD OF COUNTY COMMISSIONERS WELD C7/f2Y OL 7 DO ouglas arcia, Chair emach r, Pro-Tem Sean P. Conway 7 David E. Long eon. Pus(t `l) 2009-0231 EG0060 D� (oS70 rit W1�Y COLORADO MEMORANDUM TO: Clerk to the Board DATE: January 23, 2009 FROM: Wayne Howard, County Engineer/CTP, Public Works SUBJECT: AGENDA ITEM IGA with the Town of Windsor for Survey and Preliminary Design for WCR 23 Attached are two original IGAs. Please return one signed original. 11FrancieAAgenda Wayne I loward.dac 2009-0231 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: IGA for Survey and Preliminary Design for WCR 23 DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: January 19, 2009 PERSON REQUESTING: Wayne Howard, , P. E. County Engineer/CIP Brief description of the problem/issue: The Town of Windsor and Weld County have interest in surveying and designing the realignment of WCR 23 from Eastman Kodak Drive to SH 392. Currently this intersection with SH 392 is offset by several hundred feet creating an unsafe condition. Specifically, this project will include preliminary design, pavement design, estimates of construction costs, railroad crossing grades, identification of utility conflicts and estimates of projected ROW needs. The preliminary design will be used as a ROW preservation tool for both agencies to utilize as the area develops. An IGA has been signed by the Town of Windsor for the purpose of defining perspective roles and responsibilities in completion of this project. The total cost for surveying is estimated at $4,500 and the Town of Windsor agrees to reimburse Weld County 100% for the survey. Weld County staff will complete the preliminary design; therefore, PW will have no out of pocket expenses. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may accept or decline this project. The area has high potential for development and without preserving the future ROW, the realignment of the WCR 23 intersection at SH 392 might be lost. Recommendation to the Board: I recommend approval of this project. William F. Garcia, Chair Douglas Rademacher Sean P. Conway Barbara Kirkmeyer David E. Long Attachments Approve Schedule Recommendation Work Session czr J MA —Active Projects\WCR 23, South of SH 392\ esignAContracts\Work Session liequcs-Windsor.doc Comments INTERGOVERNMENTAL AGREEMENT FOR SURVEY AND PRELIMINARY DESIGN FOR WELD COUNTY ROAD 23 7, THIS AGREEMENT is made and entered into this O day of ' Iw g 5' , 20O , by and between the Town of Windsor, State of Colorado by and through the Board of Trustees of the Town of Windsor, hereinafter referred to as "Windsor," with offices located at 301 Walnut Street, Windsor, Colorado 80550, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County." WITNESSETH: WHEREAS, Windsor and Weld County have interests in surveying and designing the realignment of Weld County Road (WCR) 23, beginning at Eastman Kodak Drive and ending at State Highway 392, hereinafter referred to as the "Project," and WHEREAS, both parties wish to share the costs for the survey and development of a preliminary design set of plans for the Project, and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of defining their relative roles and responsibilities regarding the completion of the Project, and WHEREAS, both parties are authorized to enter into intergovernmental agreements with one another, pursuant to 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. DESCRIPTION OF WORK: In general, the Project shall consist of surveying and providing a preliminary design for a new alignment of WCR 23, as shown on Exhibit "A," which is attached hereto and incorporated herein. This effort is required to define the new alignment of WCR 23 for the preservation of the ROW required for future construction. This Project will be utilized in the future for the final design and the construction of the WCR 23 realignment. 2. SURVEY OF PROJECT: Weld County agrees to complete a design survey with in-house staff in sufficient detail to complete a set of preliminary design plans. The survey will be based upon the centerline, shown on Exhibit A, which was previously defined in the course of local development as approved by Windsor and Weld County staff. The survey will include acquiring permission to enter property from current landowners; surveying an approximate 200 foot wide section, 100 feet either side of the centerline shown on Exhibit A reviewing parcel records; and surveying along the intersections of SH 329 and Eastman Kodak Drive to allow for the design of intersection improvements. The surveying shall also include an electronic drawing required by the designers. DRAFT 12/31/08 Page 1 of 3 .1 3. DESIGN OF PROJECT: Weld County agrees to complete the preliminary design of the Project with in-house staff. The design shall include realignment of WCR 23, improvements at the intersection of SH 392 and WCR 23, and improvements at the intersection of Eastman Kodak Drive and WCR 23. The work shall also include pavement design, estimates of construction costs, design of railroad crossing grades, identification of utility conflicts, and estimates of projected ROW needs. Both parties shall agree on the design criteria prior to beginning the design work. 4. CONSTRUCTION OF IMPROVEMENTS: It is not anticipated that the work contemplated herein will be sufficient enough to construct the Project, but will constitute the beginning point for the final design. The ROW defined within the preliminary design will be sufficient to allow either agency to use as a planning tool for ROW preservation as development occurs. 5. REIMBURSEMENT OF PROJECT COSTS: It is mutually agreed that Weld County has the resources to perform this work with in-house staff. Windsor agrees to reimburse Weld County for the effort required to complete the surveying of the Project as defined above in Section 2. It is estimated that the surveying will cost approximately $4,500.00. Weld County agrees to provide Windsor with copies of all information associated with the surveying of the Project and Windsor agrees to reimburse Weld County within 30 days of receipt of each invoice. 6. 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 ands assigns of said parties. 7. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may not possess, nor shall any portion of this agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 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. DRAFT 12/31/08 Page 2 of 3 9. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties representatives at the addresses set forth below: TOWN: Dennis Wagner, P.E., Director of Engineering 30I Walnut St Windsor, CO 80550 Phone 970-674-2406 dwagner@windsorgov.com COUNTY: Wayne Howard, P.E., County Engineer P.O. Box 758, 1111 "H" St. Greeley, CO 80632 Phone: 970-304-6496, ext 3706 v,iird@cos,eld.coms IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: TOWN OF WINDSOR, State of Colorado, by and through the Town Board of Windsor • 0: ATTEST: By: n Clerk APPROVED AS TO FORM & CONTENT: Town Attorney ATTEST: WELD COUNTY Clerk to th aLeitial By: D ty Cle o the Board K APPROVED .S, TO F By: eld County Attorney CONTENT: L" J By: RD OF COUNTY COMMISSIONERS D COUNTY A COLORADO illiam F. Garcia, Chair JAN 2 9 2009 DRAFT 12/31/08 Page 3 of 3 7cc'2 - C 3, Exhibit A N T _V_3 / — LARGE POWER / //7 AO_E/ / KRA SPJR AATM An PARK ARIVL )WEA AK) C%ISAINC PA. AMA A/ALA P3LE (11W) 'SUNSET F.U. AGE /OCR POLO /1W) /// PROAASED R3V (ES l CA ROW) Hello