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Home My WebLink About20081821.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO THE INTERSECTION OF COUNTY ROAD 49/WATKINS ROAD AND COUNTY ROAD 2/168TH AVENUE 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 Improvements to the Intersection of County Road 49/Watkins Road and County Road 2/168th Avenue, 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 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 Improvements to the Intersection of County Road 49/Watkins Road and County Road 2/168th Avenue, 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 30th day of June, A.D., 2008. r• BOARD OF COUNTY COMMISSIONERS t WELD COUNTY, COLORADO e ATTEST: F a : William H. Jerke, Chair Weld County Clerk to '. -r �J• EXCUSED ��r ✓I Robert D'. Masden, Pro-Tem 1.r:r%f Deputy Cler o the Board William Garcia Afi#D M: ,& David E. Long 'County Attorney 6 cli2 Nona- A 1rN Doug ae Rademacher Date of signature: 7AAZZY 2008-1821 C 0 & ( --- c EG0058 MEMORANDUM CTO: Clerk to the Board DATE: June 24, 2008 COLORADO FROM: Wayne Howard, Chief Senior Engineer, Public Works SUBJECT: Agenda Item IGA with Adams County for improvements to the intersection of WCR 49/Watkins Road and WCR 2/168th Avenue Attached are TWO original Agreements. PLEASE RETURN ONE ORIGNAL TO PUBLIC WORKS as soon as it is signed. M:\Francie\Agenda Wayne Howard.doc • 2008-1821 INTERGOVERNMENTAL AGREEMENT RE: INTERSECTION OF WELD COUNTY ROAD 49/WATKINS ROAD 088 AND WELD COUNTY ROAD 2/168t" AVENUE a THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this (3.)— day of ku n t , 2008, by the County of Adams, by and through the Board of County Commissioners of Adams County, Colorado, hereinafter referred to as "ADAMS COUNTY", with offices located at 450 South 4Fr Avenue, Brighton, Colorado 80601, and the County of Weld, State of Colorado, by and through the Board of County Corrnissioners of Weld County, Colorado, hereinafter referred to as "WELD COUNTY", with offices located at 915 Tenth Street, Greeley, Colorado 80631 . It is the intention of the parties that this Agreement shall complement the INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as "the AGREEMENT") , which was entered into by and between ADAMS COUNTY, the City of Thornton, Colorado, (hereinafter THORNTON") ; the City of Northglenn, Colorado, (hereinafter "NORTHGLENN") ; and WELD COUNTY on February 4, 2008; but shall be considered a separate and independent agreement of ADAMS COUNTY and WELD COUNTY. WITNESSETH: WHEREAS, pursuant to the terms of the AGREEMENT, ADAMS COUNTY, THORNTON, NORTHGLENN, and WELD COUNTY agreed to participate in an alignment study for Weld County Road (hereinafter "WCR") 2, and six (6) specified intersections, and to share the cost of said alignment study, and WHEREAS, pursuant to the terms of the AGREEMENT, ADAMS COUNTY and WELD COUNTY share equally in the costs of the study for five (5) out of the six (6) intersections, and THORNTON and NORTHGLENN share the costs for one (1) intersection, and WHEREAS, ADAMS COUNTY and WELD COUNTY share the responsibility for the costs associated with the alignment study for the intersection of WCR 2 and WCR 49/Watkins Road, and WHEREAS, it has become necessary for ADAMS COUNTY and WELD COUNTY to pay an additional 510, 000 to the consultant, Felsburg, Holt, and Ullevig, (hereinafter EMU) , so that the firm may prepare the study of the intersection of WCR 2 and WCR 49/Watkins Road, and only $'10, 000 was budgeted ender the terms of the Agreement, and WHEREAS, ADAMS COUNTY and WELD COUNTY agree to share equally the costs associated with said independent study, which total $10, 000, and WHEREAS, the payment of the additional funds by ADAMS COUNTY and WELD COUNTY to complete the study of the intersection of WCR 2 and WCR 49/Watkins Road will have no impact on the alignment study contemplated by the AGREEMENT, and WHEREAS, THORNTON AND NORTHGLENN have been notified of the additional expenditure, and neither has objected to it, and In MI It nit 2 licit 3 it 3568088 07/23/2008 04:45P Weld County, 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder &44?—/e41 WHEREAS, the parties are authorized to enter into this intergovernmental Agreement by C.R.S. f 9-1-203 and Colorado Constitution Article XIV, § 8 (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 stipulate and agree as follows: 1. TERM: The term of this Agreement shall be from. the date of this Agreement until such time as the study described herein is completed. 2. DESCRIPTION OF STUDY: The border between ADAMS COUNTY and WELD COUNTY, known as WCR 2 or 168-° Avenue lies on a survey section line which offsets the north/south roadways. This offset of adjoining roads creates a transportation difficulty as ADAMS COUNTY and WELD COUNTY try to create a smooth traffic flow. This intersection has unique characteristics which require additional time and expertise on the part of FEU. The total additional estimated cost of :he study is Ten Thousand Dollars ($10,000) , and the parties' respective financial obligations shall not exceed that amount unless this Intergovernmental Agreement is amended in writing. ADAMS COUNTY and WELD COUNTY shall each pay an additional Five Thousand Dollars ($5, 000) for the study. 3. STUDY PREPARATION: WELD COUNTY agrees to be the lead agency with regard to contracting with FHU to provide the project design and management necessary for the study. ADAMS COUNTY and WELD COUNTY will be given equal opportunity to review/comment on the study before it is published. ADAMS COUNTY agrees to reimburse and pay WELD COUNTY the design costs associated with the study pursuant to the terms of paragraph 2, above. Administrative costs associated with the utilization of WELD COUNTY staff needed to manage the study will not be charged. 4 . REIMBURSEMENT OF PROJECT COSTS: WELD COUNTY agrees to provide ADAMS COUNTY with copies of all invoices and supporting documentation associated with the study. ADAMS COUNTY agrees to reimburse WELD COUNTY within thirty (30) days of receipt of each invoice. 5. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental 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, successors and assigns of said parties. 6. NO WARRANTY: By virtue of its entering into this Intergovernmental Agreement and upon its promises to perform the work described herein, WELD COUNTY makes no warranties, either express or implied, that the study agreed to herein meet or shall meet standards other than those generally required for counties of the size and type similar to the parties herein. 7 . SEVERABILITY: If any term or condition of this Intergovernmental Agreement is held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall he construed and enforced without such provision to the extent that this IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII 3568088 07/23/2008 04:45P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Interaovernmenta_ Agreement is then capable of execution within the original intent of the parties hereto. 8. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is express—y understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such 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. 9. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire Intergovernmental Agreement and understanding between the parties to it and supersedes any other Intergovernmental Agreements concerning the s-object matter of this transaction, whether oral or written. No modification amendment, 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 to any other different or subsequent breach. 10. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: ADAMS COUNTY: Besharah Najjar, P.E. Engineering Manager 12200 N. Pecos St . 3`d Floor Westminster, Colorado 80234 Phone: 303-453-8770 Fax 303-453-8775 Email: bnajjar@co.adams.co.us WELD COUNTY: Michael Bedell, F.E. P.O. Box 758, 111 "H" Street Greeley, Colorado 80632 Phone: 970-304-6469 Fax 970-304-6497 Email: mbedell@co.weld.co.-us IN WITNESS WHEREOF, the parties hereto have signed this Intergovernmental Agreement this day of June, 2008 . 1111111 0111141 IIII 3111111110111111111 3568088 07/23/2008 04:45P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ADAMS COUNTY SIGNATURE PAGE ATTEST: COUNTY OF ADAMS, STATE OF COLORADO, by and through the Board of County Commissioners of Adams ti 4giyco County PHIto ie-qty Cie_ Lhe Boa_ SEAL '-rice J. N hal hairman /O OOXXW APPROVED AS TO FORM AND CONTENT: By° . Adams County Attorney 111111111111111111111111IIII11111111111 III 11111IIII IIII 3568088 07/23/2008 04.45P Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder • WELD COUNTY SIGNATURE PAGE AP tAlb 4 1: ��., " /L COUNTY OE WDLD, STATE OF '` CCUOR�IDO, by id through the Board �i o` County Corms' ssioners oz Weld • xC County tleur4. Ape Atit_t ale ;et Dia Deputy Clem/to the Board William Jerke, Chair JUN 3 0 2008 APBROV'D,.H S T RFDRI y.. vtty t.-..ND CONTENT: By: We1a County Attorney 1111111 11111111111 111111 I'll It VIII III 11111 Ell II 3568088 07/23/2008 04:4513 Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: WCR 49/Imboden Corridor Study DEPARTMENT: PUBLIC WORKS DATE: 4-18-2008 PERSON REQUESTING: Wayne Howard, P.E., County Engineer Brief description of the problem/issue: The BOCC approved an IGA with Adams County, Northglenn and Thornton to perform the Weld/Adams County line Crossroads Alignment Study. The IGA defined six offset intersections along WCR 2 between I-25 and WCR 49 that are currently offset or no connection exists. The four agencies agreed to share the costs, based upon their jurisdictional ownership, to find alternative alignments to correct this situation and preserve the ROW. The WCR 49 and WCR 2 intersection is one of these intersections that has no current connection as WCR 49 dead ends at WCR 4. It became apparent early on that this intersection is much more complicated than the other five intersections due to a Box Elder Creek crossing and a major development being proposed on either side of the county line which has a major impact on the potential alignment. Due to this complexity, the Adams County and Weld County PW staffs have agreed that this intersection should be separated from the other intersections and studied separately as a corridor study but not impact the other 5 intersections. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Creating a separate corridor study will require the consultant (FHU) to perform additional services and public meetings as well as the study area has increased to one mile north and one mile south of WCR 2 due to the complexity of the corridor. The cost to perform these additional services is $10,000 to be shared equally between the two counties. Adams County has agreed to share this cost. The study is anticipated to take an additional 2-3 months. Recommendation to the Board: The goal is to find a connection for WCR 49 to Imboden St. in Adams County. It is my recommendation to separate the WCR 49/WCR 2 intersection and spend the required time to find an alignment that would connect these two major arterials. If approved, Weld County and Adams County will enter into an IGA or amend the existing IGA. Approve Schedule Recommendation Work Session Comments William H. Jerke, Chair Ci Robert D. Masden, Pro-Tem William F. Garcia David E. Long J Douglas Rademacher M:\—Active Projects\Strategic Corridor\WCR 49-Imboden Corridor Study\Design\Correspondence\Transmittals&Memos\Work Session Request WCR 49.doc Lee Asay w,_� Public Works Department DIRECTOR Engineering 12200 Pecos Street ADAMS COUNTY Westminster,CO 80234 PHONE 303.453.8787 COLORADO FAX 303.453.8775 www.co.adams.co.us Mr. Wayne Howard, P.E. Sr. Engineer P.O. Box 758 Greeley, CO 80632 RE: Resolution Approving the Intergovernmental Agreement Between Weld County and Adams County for the Intersection Alignment Study, Weld County Road49/Watkins Road Attached you will find two copies of the executed amendment by Adams County regarding studying the alignment of Weld County Road 49/Watkins Road. Once the IGA is executed by Weld County, please send me fully executed original copy to the above address. Sincerely, Besharah Najjar, P.E. Engineering Manager -- -- - --- --- - BOARD OF COUNTY COMMISSIONERS ----- -- -- --._. W.R."Skip"Fischer Mice J.Nichol Larry W.Pace DISTRICT 1 DISTRICT 2 DISTRICT 3 STATE OF COLORADO COUNTY OF ADAMS At a regular meeting of the Board of County Commissioners for Adams County, Colorado, held at the Administration Building in Brighton, Colorado on the 18th day of June, 2008 there were present: Alice J.Nichol Chairman Larry W. Pace Commissioner W.R.Fischer Commissioner Jen Wascak,Deputy County Attorney Kristen Hood,Deputy Clerk of the Board when the following proceedings,among others were held and done,to-wit: RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND ADAMS COUNTY FOR THE INTERSECTION ALIGNMENT STUDY OF WELD COUNTY ROAD 49/WATKINS ROAD AND WELD COUNTY ROAD 2/168th AVENUE WHEREAS, on February 4, 2008, the City of Thornton, the City of Northglenn, Weld County, and Adams County executed an Intergovernmental Agreement to study the realignment of the intersections on East 168th Ave/Weld County Road (WCR)2 at WCR 11/York St., WCR 15/Holly St., WCR 17/Quebec St., WCR 19/Yosemite St., WCR 23.5/Tucson St. and WCR 49/Watkins Rd.; and, WHEREAS, Weld County retained Felsburg, Holt, and Ullevig (hereinafter FHU) to conduct the study; and, WHEREAS, Weld County and Adams County (hereinafter the Parties) desire to expand the WCR 49/Watkins Road scope as part of the study by FHU, hereinafter know as the Additional Study; and, WHEREAS, the Additional Study is needed to include the design of an alignment of WCR 49/Watkins Road with Imboden Road to accommodate a large Adams and Weld County residential development between Watkins Road and Imboden Road; and, WHEREAS, it is the intention of the Parties to enter into the attached Intergovernmental Agreement (hereinafter Agreement) to complement the February 4, 2008 agreement, but shall be considered a separate and independent agreement between the Parties; and, WHEREAS,this Agreement will have no impact on the alignment study contemplated by the February 4, 2008 agreement; and, WHEREAS, the cities of Thornton and Northglenn have been notified of the Additional Study and its expense, and neither have objected to it; and, WHEREAS, additional funds are needed to expand the scope to include Imboden Road; and, WHEREAS, The Parties agree to share the responsibility for the costs associated with the Additional Study in accordance with the Agreement; and, WHEREAS, the Adams County Board of County Commissioners have allocated funds in the 2008 budget under account number 13-3313 for the East 168th Ave I-76 to Hayesmount Project; and, WHEREAS, the East 168th Ave T-76 to Havecmnnnt Prnirrt is ,,ndnr r..nerr.mr:..,, ..�a. .... WHEREAS, the Adams County Board of County Commissioners can transfer funds from the East 168th Ave I-76 to Hayesmount Project fund for the Additional Study; and, WHEREAS, the 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, BE IT RESOLVED, by the Board of County Commissioners, County of Adams, State of Colorado, that the "Intergovernmental Agreement, Re: Intersection of Weld County Road 49/Watkins Road and Weld County Road 2/168th Avenue,"A copy of which is attached hereto and incorporated herein by this reference, be and hereby is accepted and approved. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is authorized to execute the "Intergovernmental Agreement, Re: Intersection of Weld County Road 49/Watkins Road and Weld County Road 2/168th Avenue,"on behalf of The County. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners authorizes the transfer of necessary funds from account 13-3313 to pay for the Additional Study. Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: Nichol Aye Pace Aye Fischer Aye Commissioners STATE OF COLORADO County of Adams I, Karen Long ,County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County,now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton,Colorado this 18`"day of June,A.D.2008. County Clerk and ex-officio Clerk of the Board of County Commissioners Karen Long: By: S�pUNTYcO,� ESignedbyKpytenHaat Q Q� 9e, VERIFY authgyntiy y with Approvelt WA kg C:77- SEAL Deputy Hello