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Home My WebLink About20090109.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS TO LARIMER COUNTY ROAD 1 / WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN - LARIMER 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 Roadway Improvements to Larimer County Road 1 / Weld County Road 13 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 Larimer County, Colorado, 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 Roadway Improvements to Larimer County Road 1 / Weld County Road 13 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 Larimer County, Colorado, 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 12th day of January, A.D., 2009. ATTEST: Weld County Clerk to BY. Deputy Cler o the Board APPROVED2AS TO : Attorney Date %`Olt of signature 9 BOARD OF CO COMMISSIONERS W LD UN OLORADO z William F. Garcia, Chair t Douglas'RademacFjer, Pro-Tem e P. Conway ra Kirkmeyer J David E. Long I C P%cJ�6ul� 2009-0109 EG0060 c/o s/Dq COLORADO MEMORANDUM TO: Clerk to the Board DATE: January 6, 2009 FROM: Wayne Howard, County Engineer/CIP, Public Works SUBJECT: AGENDA ITEM Intergovernmental Agreement (IGA) with Larimer County for WCR 13/ Larimer County Road 1 north of US. Highway 34 road improvement. Attached are three duplicate, original IGA's. Please return two signed originals to Public Works. M'.AFrancieAAgenda Wayne Howard.doc 2009-0109 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Intergovernmental Agreement for WCR 13/LCR 1 N. US 34 with Larimer County DEPARTMENT: PUBLIC WORKS DATE: 12/18/08 PERSON REQUESTING: Wayne Howard, Engineering Division Brief description of the problem/issue: WCR 13/LCR 1 is currently dust treated and has approximately 1800 vehicles per day. Due to the high volume of vehicles Weld County and Larimer County agreed to share in the cost of the improvements for the two miles of road. The attached IGA between the two agencies -identifies -the project improvements and each agencies responsibilities as well as an estimated cost. The project is scheduled for construction in summer of 2009. The $1.75 million total contract will be shared equally between Weld County and Larimer County for the 1.5 miles of road described in the attached IGA, which does not include Johnstown's portion to link this project to U. S. Highway 34. Weld County's contribution: $875,000 Larimer County's contribution: $875,000 Total Project Cost: $1,750,000 What options exist for the Board: The Board can choose to sign or not to sign the attached IGA. Larimer County has completed the design and ROW is almost complete. Larimer County has signed the IGA and is preparing to advertise the project in early spring. If Federal Stimulus funds become available, this project will be submitted for application of those funds. If received, both PW Departments agree that the section within Johnstown's City Limits should be included in the application. The project is currently funded assuming no stimulus funds are available. Recommendation to the Board: I recommend signing the IGA and proceeding with the project. William H. Jerke, Chair Robert D. Madsen, Pro-Tem William F. Garcia David E. Long Douglas Rademacher Approve Schedule Recommendation Work Session LC Attachments: IGA for Roadway Improvements to WCR 13/LCR 1 Comments M: \--Active Projects\Strategic Corridor AWCR 13, SH 34 to WCR 62\Design\Contracts\Work Session Request IGA.doc INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS TO LARIMER COUNTY ROAD 1 / WELD COUNTY ROAD 13 THIS AGREEMENT is made and entered into this day of20O75 , by and between the County of Larimer, State of Colorado, by and through the Board of County Commissioners of the County of Larimer, Colorado whose address is 200 West Oak Street, Fort Collins, Colorado 80521, hereinafter referred to as "Larimer County," 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, Larimer and Weld Counties share jurisdiction of Larimer County Road 1/Weld County Road 13, beginning at a point approximately one-half mile north of US Highway 34 and ending at its intersection with Larimer County Road 26/Weld County Road 62, hereinafter referred to as "LCR1/WCR13," and WHEREAS, both parties wish to make improvements to LCR1/WCR13 and share the costs of such improvements equally ("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: L DESCRIPTION OF IMPROVEMENTS: In general, the Project's improvements shall consist of the widening and paving the current gravel road of LCR1/WCR13. The width of paving shall be 36 -feet and shall consist of two, twelve foot -wide travel lanes and two, six foot -wide shoulders. The total estimated cost for the Project is approximately $1.75 million. 2. DESIGN OF IMPROVEMENTS: Larimer County agrees to complete and prepare all surveys, design drawings, contract documents, and right of way exhibits necessary for the Project. Both parties agree that the Larimer County Public Works Department and the Weld County Public Works Department shall confer and agree to the final design of the improvements before the Project is advertised for bids and construction begins. 11/7/08 Page 1 of 3 1 `l /._C/C 3. ACQUISITION OFADDITIONAL RIGHT-OF-WAY: Both parties agree that acquisition of any additional right-of-way shall be performed by the party having jurisdiction over the right-of-way to be acquired, bringing eminent domain proceedings, if necessary. Larimer County agrees to be the lead agency with regard to the development of right-of-way drawings. Both parties agree to use the same right-of-way appraising firm for any necessary appraisals. 4. CONSTRUCTION OF IMPROVEMENTS: Larimer County agrees to be the lead agency with regards to administrating the construction of the improvements for the Project, including advertising for construction bids and awarding a construction contract. Upon opening and reviewing the bids received for construction, the Weld County Public Works Department and Larimer County Public Works Department shall confer to determine if the low bid is reasonable and if the Project should move forward before a construction contract is awarded. Once a construction contract is awarded, Larimer County shall have full authority in all contractual arrangements during the completion of this project. Larimer County shall also be responsible for inspecting the construction of the improvements. Larimer County, at its discretion, may contract with a private consultant to complete the field inspection and materials testing for this project. Weld County agrees to reimburse and pay Larimer County one-half of all construction and inspection costs associated with the Project. 5. REIMBURSEMENT OF PROJECT COSTS: Larimer County agrees to provide Weld County with copies of all invoices associated with the construction, materials testing and inspection of the Project. Weld County agrees to reimburse Larimer County for one-half of all the Project's costs within 30 days of receipt of each invoice. 6. ADDITIONAL ROADWAY LOCATED WITHIN JOHNSTOWN: The one-half mile section of roadway connecting LCRI/WCR13 to US Highway 34 ("Connecting Section") has been annexed by the Town of Johnstown. Johnstown was approached by both counties to be included as an active partner in the Project, but did not have adequate funds in order to participate (see the attached Exhibit "A"). As a result, the parties have decided to leave Connecting Section unimproved. If funding does become available before the Project's completion, the parties hereto will consider whether to include Connecting Section in the construction contract upon payment of all costs associated with improvements to Connecting Section by Johnstown. 7. 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. 8. 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. 11/7/08 Page 2 of 3 9. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: LARIMER COUNTY Clerk to the Board LARIMER COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS Ulikiva8�h By: A r',1\,_.. By: Deputy Clerk to e oard APPROVED AS TO FORM & CONTENT: By: "' / ATTEST: 55%11 WELD COUNTY Clerk By: Deputy Clerk to the Bo Glenn Gibson, Chair 14, _t: sm: € s SEAL 133,i CORD ,,o BOARD OF COUNTY COMMISSIONERS ' , `'WELD COUNTY, COLORADO APPROVED AS3O FORtM &- ONTENT: By: W Attorney l/ By: William F. Garcia, Chair JAN 1 2 2609 11/7/08 Page 3 of 3 _47, 2 - //9 Exhibit A Town t)t Johnstown October 21. 2008 I.arimer County Road and Bridge Department Dale I . Miller, Director 2643 Midpoint. Suite C eon Collins, CO 80525 Weld County Department of Public Works Pat Persichino, Director 1111 II Street (;reet,•v. CO 80632 Re: I arimer County Road 1 ElWeld County Road 13 Paving Project ( ientlemen: OCT 2 2 2008 We have been informed that l.arimer and Weld Counties have agreed to jointly fund a paving project on I.CR I I./WCR 13, from US Highway 34 north, and that a Johnstown annexation may affect the project. This letter will serve as our view of the matter. In 2006, the Town of Johnstown annexed the southern one-half mile of LCR 1 F/WCR right-of- way with the Miracle on 34 Annexation. The annexation of the right of way adjoining the Miracle annexation was consistent with referral comments by Larimer County on all such annexations. The Town and the landowner anticipated development of the property shortly after annexation. but the property has not moved forward in the process. If the property had moved forward to development near LC R 11•./WCR 13. the Town's policies would have required the developer to construct an interim arterial section for this one half -mile segment. The developer would have been eligible to recover the cost of one lane from adjoining properties to the east when they developed - in Johnstown. Johnstown certainly supports the Counties' project. but absent any development which would generate both local traffic impact and corresponding road improvements, the Town is not in a position to paniclpate financially. However, please let us know if there is anything else we might do to support this project. Sincerely, • k.M l.auricello. Town Manager Copy to: Town Council hilt P.O. Bow 609 iGhojto-n. 1:')SOS34 970.597.4663 •: 910.567.0141 Hello