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Home My WebLink About20080144.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO COUNTY ROAD 29 (71ST AVENUE) BETWEEN C STREET AND COUNTY ROAD 64 AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 County Road 29(71st Avenue), between C Street and County Road 64, 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 City of Greeley, 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 County Road 29 (71st Avenue), between C Street and County Road 64, 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 City of Greeley 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 7th day of January, A.D., 2008. BOARD OF COUNTY COMMISSIONERS !l . _ � tr WELD COUNTY, COLORADO ATTEST: /l�" 1 / ELll 4 . Jerke, Chair Weld County Clerk to the Board 186i %'» I.,„ ea iz ' _Rol*,;/ en Pro- em BY: Deputy erk to the Board Wi F. Garcia / APPROVEA'AS-To F J (I, % David E. Long Attc6 ougl (demih nn- Date of signature: / ,)9 '8 2008-0144 EG0058 (10 ; Pk: //Ill- /fret 040P7o g' 4i INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO WELD COUNTY ROAD 29 (71 ST. AVE) BETWEEN C ST and WELD COUNTY ROAD 64 THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 7 day of ii11111Init ,c20,08, by and between the City of Greeley, State of Colorado, by and through the City Council of Greeley, Colorado, hereinafter referred to as "CITY," with offices located at 1000 10th Street, Greeley, Colorado 80631, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "COUNTY," with offices located at 915 10th Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, CITY and COUNTY each have the jurisdiction of portions of Weld County Road (WCR) 29 also known as 71st Ave. between C St. and WCR 64 as shown in Exhibit "A", said area hereafter referred to as the "PROJECT"; and WHEREAS, both parties wish to make road improvements to the PROJECT and share the costs of such improvements, and WHEREAS, both 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, 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 adequacy of which is acknowledged by and between the parties, agree as follows: 1. ESTIMATED COSTS TO EACH PARTY FOR THE PROJECT: The estimated cost to each party for the PROJECT is as follows: (See the attached Exhibit"B" for specific cost details.) WCR 29 within CITY limits (Approximately 1100 feet), including replacement of Bridge No. 29/62A, paving CITY owned parking lot, and approximately 1100 feet of roadway, including reimbursement of a proportionate share of design costs incurred by COUNTY: City of Greeley Costs $ 300,000 WCR 29 within COUNTY limits (Approximately 2900 feet): COUNTY Costs $ 460,000 Total Project Costs $ 760,000 Final costs shall be invoiced by COUNTY to CITY within sixty (60) days of completion of the PROJECT. 11111111111111111111111111111M IIIIIII III 11111 IIII IIII 1 2008-0144 3532451 01/31/2008 12:55P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2. PROJECT SCHEDULE. The design is scheduled to be completed in 2008, and the construction is schedule to be completed in 2009. It is understood and agreed by both parties hereto that the total cost of the PROJECT stated hereinbefore is the best estimate available and such cost is subject to revisions (in accordance with the procedure in the previous sentence) agreeable to the parties prior to bid and award. 3. AMOUNT CONTINGENT UPON APPROPRIATION OF FUNDS. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from other sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party upon written notice being delivered to the other party. 4. ADDITIONAL COSTS. The parties also agree that the above-stated estimated costs do not include the costs of acquiring right-of-way and utility relocations, if necessary. Both parties agree to pay for such costs incurred in those stretches of the project within their relative jurisdictions. 5. COUNTY AGREES: a. To be the lead agency and have jurisdiction over the project upon execution of this Agreement, allowing for full authority in contractual arrangements during the prosecution of the PROJECT. b. To be responsible for the design, construction, and administration of the PROJECT. c. To pay for all costs associated with Right of Way or Utility relocation for that section of WCR 29 within COUNTY jurisdiction. d. To widen and pave 71st Avenue within the limits shown on Exhibit A, and to pave the parking lot at the Poudre River Trail facility. The typical roadway section will consist of two traffic lanes and paved shoulders. Concrete curb, gutter, and sidewalk will not be constructed. The existing steel bridge over the No. 3 Ditch (29/62A) will be replaced with a concrete box culvert. 6. CITY AGREES: a. To pay its share of the PROJECT cost ($300,000.00) to the COUNTY as required in paragraph 1, above. b. To pay for all costs associated with Right of Way or Utility relocation for that section of WCR 29 within CITY jurisdiction. c. This project shall not be designed to meet the current City of Greeley Minor Arterial Standard Roadway Section. The parking lot improvements shall not include provisions for landscaping or lighting as part of this project. 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 2 3532451 01/31/2008 12:55P Weld County, CO 50 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 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. 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. 10. RIGHT-OF-WAY ACQUISITION: COUNTY and CITY agree to acquire any necessary Right-of-Way (ROW) or Easements for the PROJECT in their respective jurisdictions at no cost to the other. Both parties shall confer and agree to contract with the same independent appraiser and purchasing agent to provide assistance in acquiring any ROW or Easements necessary for this PROJECT. Both parties shall confer and agree to the total extent of ROW or Easements necessary for this PROJECT improvements prior to the selection of an independent appraiser and purchasing agent. The total estimated cost of the PROJECT ("Exhibit B") does not include any ROW or Easements acquisition costs. 11. EMINENT DOMAIN PROCEEDINGS: If, after discussions with owners of the necessary ROW 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. If either party determines not to use its proof of eminent domain for acquisition of right-of-way, this Agreement shall be null and void. 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. 111111111111111111 111111 11111 III 1111111 III 111111111H 3 3532451 01/31/2008 12:55P Weld County, CO I 3 of 5 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: CITY: COUNTY: Dave Wells, P.E., Civil Engineer Michael Bedell, P.E., Sr Engineer 1001 9th Avenue P.O. Box 758, 1111 "H" St. Greeley, CO 80631 Greeley, CO 80632 Phone: 970-350-9796 Phone: 970-304-6496, ext 3706 Dave.wells@greeleygov.com mbedell@co.weld.co.us IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF GREELEY, COLORADO COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County By: By: 4 //✓' Ed Clark, Mayor William H. Jerke, Chair /N ATTEST: ATTEST: 1> By: Q . 4 By. >`!8ei1 ,, City C k Deputy Clerk to the Board ATTESTING TO BOARD OF COUNTY \'‘. COMMISSIONER S;GNATURES ONLY APPROVED AS TO L AL ' •RM: By: City Atto�- APPROVED AS TO SUB1S ANCE: By: City anagei AVAILABILITY OF FUNDS: By Director o ce 1111111111111111111111111111 III 1111111 III 11111IIII1111 4 5�3532451 01/31/2008 12:55P Weld County, CO A nt 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a�/' /emu �, , F 1 • a hakt 'a i "Ca he- y-y y Wei 0.LLL ₹f< , r • • .sue a • 1 111111 11111111111111111111110111111111111111111111111 5r 3532451 01/31/2008 12:55P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO PORTION OF 71st AVE/WELD COUNTY ROAD 29 WELD COUNTY PUBLIC WORKS DEPARTMENT COST ESTIMATE"EXHIBIT B" Section RoaNamd WCR 9 t Ave) 4igtt Cross Road "0" Street 64414 DATE 10-Oct-07 REVISED 19-Oct-07 D "lige CLASSIFICATION WELD/GREELEY COUART ART • PROPOSED ROW 60 feet COLORADO EXISTING ROW 60 feet TOTAL PROJECT LENGTH IN FEET 1100(City), 2900(Weld) DESIGN 2008 EXISTING ROAD SURFACE 24'Recycled Asphalt R.O.W. 2008 PROPOSED ROAD SURFACE 32'Asphalt CONST. 2009 CONSTRUCTION COSTS UNIT UNIT COST QUANTITY COUNTY SUM CITY SUM CLEARING, GRUBBING,& REMOVALS LS $45,000 1 $39,000 $6,000 ASPHALT MILLING/RECYCLING SY $5 15,000 $52,500 $22,500 BOX CULVERT AT BRIDGE 29/62A LF $2,500 40 $0 $100,000 ASPHALT(4"Thick, 32'Wide) TON $50 3,500 $122,500 $52,500 AGGREGATE BASE (6"Thick, 36'Wide) TON $12 5,000 $42,000 $18,000 ASPHALT PARKING LOT(4"Thick) TON $50 600 $0 $30,000 TRAFFIC CONTROL AND SIGNING LS $20,000 1 $14,000 $6,000 SIGNING AND STRIPING LS $10,000 1 $7,000 $3,000 DRAINAGE& EROSION CONTROL LS $40,000 1 $28,000 $12,000 MOBILIZATION LS $30,000 1 $28,000 $2,000 SUB TOTAL $333,000 $252,000 ENGINEERING COSTS UNIT UNIT COST QUANTITY COUNTY SUM CITY SUM DESIGN LS $125,000 1 $87,000 $38,000 SURVEYING, INSPECTION,TESTING LS $50,000 1 $40,000 $10,000 Total Agency Estimate $460,000 $300,000 Estimating Assumptions Total Project $760,000 No additional R.O.W.costs involved. No utilities relocation costs involved. Weld County cost-share portion would be approximately$460,000 City of Greeley cost-share portion would be approximately$300,000 THE CITY OF GREELEY, COLORADO RESOLUTION 61 , 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREELEY,COLORADO AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY,COLORADO FOR IMPROVEMENTS TO WELD COUNTY ROAD 29 (71 STAVE) BETWEEN C STREET AND WELD COUNTY ROAD 64 WHEREAS, CITY and COUNTY share the jurisdiction of Weld County Road (WCR) 29 also known as 71st Avenue between C Street and WCR 64, hereafter referred to as the "PROJECT", and WHEREAS, both parties wish to make improvements to the PROJECT and share the costs of such improvements, and WHEREAS, both parties hereto desire to enter into this Agreement for the purpose of defining their respective roles and responsibilities regarding the completion of this PROJECT, 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; and WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: Section 1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental Agreement for Improvements to Weld County Road 29 (71 ST AVE) between C Street and Weld County Road 64, attached hereto and incorporated herein as Exhibit AA@. Section 2. This resolution shall become effective immediately upon passage. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 18th day of December , 2007. ATTEST: THE CITY OF GREELEY, COLORADO City Clerl d Clark, Mayor • lv BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Intergovernmental Agreement for Improvements to WCR 29 (71st Ave.) DEPARTMENT: PUBLIC WORKS DATE: 1/7/08 PERSON REQUESTING: Wayne Howard, Engineering Division Brief description of the problem/issue: Weld County and the City of Greeley propose partnering on a project to improve this roadway between "C" Street and WCR 64. Weld County has jurisdiction from the Poudre River Bridge north to WCR 64, and Greeley has jurisdiction south of the river. Weld County will be the lead agency and be responsible for approximately 60% of the project costs. Main work items include asphalt paving the roadway and Poudre Trail parking lot, intersection widening and realignment, asphalt milling/overlay for the river bridge, and replacement of canal bridge 29/62A. What options exist for the Board: The cost for the work was estimated by the Engineering Division. Greeley has recently approved the IGA. Design is scheduled to take place in 2008, and construction is scheduled to take place in 2009. Weld County's portion of the IGA is $460,000 and Greeley's portion is $300,000. The Board could either accept or not accept the IGA. Not accepting this agreement would result in this project being cancelled. This roadway is used quite heavily in an unimproved condition, creating safety and maintenance problems. Improving the roadway will result in safer driving conditions and improved roadway connectivity. Recommendation to the Board: I recommend approval of the Intergovernmental Agreement for this project. This will allow the project to proceed in a timely manner. Both agencies will benefit from the project. Approve Schedule Recommendation Work Session Comments David E. Long William H. Jerke William F. Garcia Robert D. Masden Douglas Rademacher Attachments: Intergovernmental Agreements Hello