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Home My WebLink About20080396.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING CROSSROADS ALIGNMENT STUDY FOR COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN 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 Concerning the Crossroads Alignment Study for County Road 2 among 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,the City of Thornton, and the City of Northglenn, 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 Concerning the Crossroads Alignment Study for County Road 2 among 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, the City of Thornton, and the City of Northglenn, 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 4th day of February, A.D., 2008. BOARD OF COUNTY COMMISSIONERS E ii WELD COUNTY, COLORADO tiaATTEST: Dail d 11 IrC',N-' 1161 71 452 lliam H. Jerke, Chair Weld County Clerk to the r ,: ; ....e.m. obtzrt . I�qa yro-Tem BY� L/ C/ De ty Cle to !&a Wi F. Garcia � APD AS TO S A: �/I� // David E. Long Y Co6ty Attorney or (�lO� ou9 s Rademac er Date of signature: dl 2008-0396 EG0058 (3O PGI,/ C3 5 j 0;2-42 670? a ;;;\\,,, MEMORANDUM ' O TO: Clerk to the Board DATE: January 28, 2008 C�COLORADO FROM: Mike Bedell, Public Works SUBJECT: Agenda Item Please submit this item for the Board's next agenda: IGA Agreement on Crossroads Alignment Study for WCR 2 with Adams County,City of Thornton,City of Northglenn and Weld County. Attached are FOUR original IGAs. Please send THREE signed original IGAs back to Public Works as soon as they are signed. . Enclosures M 1Francie'AgendaMikeBedell doc 7 CO M:\Francie\AgendaMikeBedell .doc 2008-0396 INTERGOVERNMENTAL AGREEMENT CROSSROADS ALIGNMENT STUDY WELD COUNTY ROAD 2 ..PHIS INTERGOVERNMENTAL AGREEMENT is made and entered into this L/ l day of lib/witty , 2009, by and between the four jurisdictions listed below: 1. 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 4th Avenue, Brighton, Colorado 80601. 2. City of Thornton, State of Colorado, by and through the City Council of the City of Thornton, Colorado, hereinafter referred to as "THORNTON", with offices located at 9500 Civic Center Drive, Thornton, Colorado 80229. 3. City of Northglenn, State of Colorado, by and through the City Council of the City of Northglenn, Colorado, hereinafter referred to as "NORTHGLENN", with offices located at 11701 Community Center Drive, Northglenn, Colorado 80233. 4. 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, THORNTON, NORTHGLENN and WELD COUNTY share the jurisdiction of a study corridor boundary of Weld County Road (WCR) 2, from one half mile north and one half mile south of the section line, beginning near I-25 and extending east to WCR 49 including the following six intersections hereinafter known as the "PROJECT", WCR 11/York St., WCR 15/Holly, WCR 17/Quebec, WCR 19/ Yosemite, WCR 23.5/ Tucson, WCR 49/Watkins, and WHEREAS, the four parties wish to participate in an alignment study defined in the attached Scope of Work and share the costs of such improvements, and WHEREAS, the four parties hereto desire to enter into this Agreement for the purpose of defining their respective roles and responsibilities regarding the completion of this PROJECT, 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. Page 1 of 9 Pages 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 is completed and 50% of the sum of the total costs are paid to and received by Weld County. 2. DESCRIPTION OF STUDY: The border between Weld County and Adams County also known as WCR 2 or 168th Avenue lies on a survey section correction line which offsets the north/south roadways. This offset of adjoining roads creates a transportation difficulty as local agencies in the area try to create a smooth, safe flow of traffic between them. This study will identify alternative alignment corrections for each intersection that will give the jurisdictions a tool to help preserve the ROW for future improvements. The total estimated cost of the PROJECT is $60,000, and the parties' respective financial obligations shall not exceed that amount indicated on "Exhibit A", unless this Agreement is amended in writing. 3. STUDY PREPARATION: WELD COUNTY agrees to be the lead agency with regard to contracting with their on-call consultant to provide the project design and management necessary for the PROJECT. All parties will be given equal opportunity to review/comment on the study before it is published. The consultant responsible for the PROJECT is Felsburg, Holt and Ullevig (FHU). ADAMS COUNTY, THORNTON and NORTHGLENN agree to reimburse and pay WELD COUNTY the design costs associated with this PROJECT according to the amounts shown in "Exhibit A". Project administration utilizing WELD COUNTY staff necessary to manage the PROJECT will not be charged. 4. REIMBURSEMENT OF PROJECT COSTS: WELD COUNTY agrees to provide ADAMS COUNTY, THORNTON and NORTHGLENN with copies of all invoices and supporting documentation associated with the design of the PROJECT. ADAMS COUNTY, THORNTON and NORTHGLENN agree to reimburse WELD COUNTY within 30 days of receipt of each invoice. 5. 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. 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 will meet standards other than those generally required for counties and cities of the size and type similar to the parties herein. Page 2 of 9 Pages 7. 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. 8. 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. 9. 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. Page 3 of 9 Pages 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. 12200 N. Pecos St., 3`d Floor Westminster, CO 80234 Phone: 303-453-8770 Fax: 303-453-8775 Email: bnajjar@co.adams.co.us CITY OF NORTHGLENN: Joliette Woodson, P.E. 11701 Community Center Drive P.O. Box 330061,Northglenn, CO 80233-8061 Phone: 303-450-8835 Fax: 303-450-8708 Email: jwoodson@northglenn.org CITY OF THORNTON: Gene Putman, P.E. 9500 Civic Center Drive Thornton CO, 80229 Phone: 303-538-7333 Email: Gene.Putman@cityofthornton.net WELD COUNTY: Michael Bedell, P.E. P.O. Box 758, 1111 "H" St. Greeley, CO 80632 Phone: 970-304-6496, ext 3706 Fax: 970-304-6497 Email: mbedell@co.weld.co.us IN WITNESS WHEREOF, the parties hereto have signed this Intergovernmental Agreement this day of , 2007. Page 4 of 9 Pages ADAMS COUNTY SIGNATURE PAGE ATTEST: COUNTY OF ADAMS, STATE OF COLORADO, by and through the Board of 7�S��uetreo4o9 County Commissioners of Adams County By: By:S Deputy C erk to the Boar. SEA. W.R. " ip" i er, Chairman APPROVED AS TO FORM T: 1 By: G.1) . .d/� Adams County Attorney Page 5 of 9 Pages CITY OF NORTHGLENN SIGNATURE PAGE ATTEST: CITY OF NORTHGLENN, State of Colorado, by and through the City Council of Northglenn By:/��ClL4 vvy By: 4z`-/�C.(1rO n1'WA°7-- f/s' G� City Clerk to the Council A"dzz4.Ft,: /be4 �/C ,D1/1-if + L. AC 'Ie.-- APPROVED AS TO FORM & CONTENT: By: yNorthgl3 City Attey Page 6 of 9 Pages CITY OF THORNTON SIGNATURE PAGE ATTEST: CITY OF - : ' TON, - of Colorado, by and thro : the Cit, C... cil of " ornton ancy incent, City Clerk ck Ethredge, City Manater APPROVED AS TO FORM: By: irnafg, Mar ret Emerich, Thornton City Attorney Page 7 of 9 Pages WELD COUNTY SIGNATURE PAGE ATTEST: pia) TY OF WELD, STATE OF COLORADO, i `' ough the Board of County Commissioners c ounty By. i nyt614, 0( '7.) Jerk t he Board v` William H. Jerke, Chairman (02/04/2008) APPROVED AS TO FORM & CONTENT: i By: {i/ el County Attorney Page 8 of 9 Pages alOCcF--X3%'(0 EXHIBIT A Weld /Adams County Line Crossroads Alignment Study I Estimate Agency Cost Crossroad with County Jurisdictional % of Study Line Agency Ownership Cost/Int. Northglenn Thornton Weld Adams Northglenn 50 WCR 11/York St. Thornton 50 $10,000 $5,000 $5,000 Weld 50 WCR 15/Holly Adams 50 $10,000 $5,000 $5,000 Weld 50 WCR 17/Quebec Adams 50 $10,000 $5,000 $5,000 Weld 50 WCR 19/Yosemite Adams 50 $10,000 $5,000 $5,000 Weld 50 WCR 23.5/Tuscon Adams 50 $10,000 $5,000 $5,000 Weld 50 WCR 49/Watkins or Imboden Adams 50 $10,000 $5,000 $5,000 Total $60,000 $5,000 $5,000 $25,000 $25,000 Page 9 of 9 Pages Hello