HomeMy WebLinkAbout20070425.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE ROAD
AND STREET DESIGN, CONSTRUCTION, AND/OR MAINTENANCE SERVICES
FOR WELD COUNTY ROAD 9.5 PROJECT AND AUTHORIZE CHAIR TO SIGN -
TOWN OF MEAD
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
Cooperative Road and Street Design, Construction, and/or Maintenance Services for the Weld
County Road 9.5 Project 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 Mead,commencing upon full execution,and ending December 31,2007,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 Cooperative Road and Street Design,
Construction, and/or Maintenance Services for the Weld County Road 9.5 Project 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 Mead 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 21st day of February, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTEST: ',` ' a.14CA
David E. Long, Chair
Weld County Clerk to the
�� S cr• /illiam J�,rkc; Pro-Tem
BY: ,)
Deputy Clerk to the Boar % t £
WIZ F Garcia ,n
APPRO AST • 2t & `u
Robert D. Masden
oun y Attorney p
�B6glasytadem her
Date of signature:
2007-0425
EG0056
Ply : "cCd �� /1f3°e-- 68-l�-07
INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
ROAD AND STREET DESIGN, CONSTRUCTION
AND/OR MAINTENANCE SERVICES
RELATIVE TO THE WELD COUNTY ROAD 9.5 PROJECT
EAST OF I-25 AND SOUTH OF SH 66
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the
S day of /brttar , 2007, A.D. between the COUNTY OF WELD, a
ilk subdivision of `k STATE OF COLORADO, whose address is 915 - 10th Street, P. O.
Box 758, Greeley, CO 80632, hereinafter referred to as "Weld County,"and the Town of Mead,
a municipal corporation of the STATE OF COLORADO, with its principal office located at 441
- 3rd Street, P.O. Box 626, Mead, CO 80542, hereinafter referred to as "Town."
WITNESSETH:
WHEREAS, Weld County Road ("WCR") 9.5 is recognized as an arterial roadway, and
WHEREAS, Weld County and Town are in agreement that the design, construction
and/or maintenance services detailed in the attached Exhibit "A" shall take place at the
location(s) shown or described in the attached Exhibit"B" (hereinafter referred to as "WCR
9.5"), with the approximate costs being those shown in Exhibit"C," and
WHEREAS, Weld County and Town have entered into an agreement with the Colorado
Department of Transportation(CDOT) regarding the construction of WCR 9.5 and are expecting
to receive $3.7 million from CDOT to finance that portion of the construction on WCR 9.5 from
WCR 28 north to Colorado State Highway 66, and that portion of WCR 9.5 south of WCR 28
that is part of the St. Acacius Subdivision, and
WHEREAS, Weld County has agreed to be responsible for: ensuring that the design and
construction of WCR 9.5 will take place as detailed in Exhibit C,paying for any costs which
exceed the $3.7 million to be received from CDOT for that stretch of WCR 9.5 from WCR 28
north to Colorado State Highway 66, and ensuring that the construction costs for that stretch of
WCR 9.5 from WCR 28 south to the St. Vrain River bridge will be paid by the CARMA
development in accordance with a separate road improvements agreement between CARMA and
Weld County; and
WHEREAS, Town has no financial obligation to pay any portion of the construction
cost, and
WHEREAS, Town has development agreements with property owners bordering part of
WCR 9.5, requiring them to pay a proportional share of the cost of an interim arterial street
adjacent to their property, and
WHEREAS,the Town will escrow these payments from developers, and if there is a
difference between the actual construction cost of WCR 9.5 and the contributions of CARMA
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and CDOT,the Town will contribute a portion of those funds to assist the County with any
shortfall, and
WHEREAS, Weld County has the ability to perform or contract for such work, with
each party to share in the total cost according to the schedule set forth in Exhibit C, and
WHEREAS, Weld County and Town desire to enter into this Intergovernmental
Agreement to memorialize their understandings with respect to their respective responsibilities
for the services to be performed as detailed in the attached Exhibits.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Provision of Design and Construction Services. Upon the signing of this
Intergovernmental Agreement by both parties hereto, Weld County shall either
perform or contract for the design and construction services for WCR 9.5 detailed
in Exhibit A, needed to take place at the location(s) shown or described in Exhibit
B, with the approximate costs and apportionment of responsibilities being those
shown in Exhibit C. The parties expect the contracted services to commence on
or about September 1, 2006, and be completed on or about December 1, 2007.
Weld County shall pay for any costs which exceed the $3.7 million to be received
from CDOT for that stretch of WCR 9.5 from WCR 28 north to Colorado State
Highway 66, except as provided in Section 2 below.
2. Mead's Financial Obligations. If there is a shortfall between the actual
construction cost for WCR 9.5 and the contributions from CARMA and CDOT,
Town agrees to contribute a portion of the funds escrowed from developers
adjacent to WCR 9.5 to help Weld County with any shortfall. The Town shall
have no other financial obligation to pay for the design, construction or shortfall
for WCR 9.5.
WCR 9.5 intersects with the existing No. 3 Outlet Ditch approximately 1306 feet
north of the southern boundary of Section 26. A box culvert to convey irrigation
water from the west right-of-way line to the east right-of-way line is to be
constructed as part of the project. A crossing agreement for this box culvert is
required between the Town and the No. 3 Outlet Ditch Company. The agreement
requires the Town to pay certain license fees and other costs and the Town shall
be reimbursed by Weld County for said fees and costs from the project.
3. Monitoring of Services and Notice. Staff from the party which either performs
or contracts for the services described in Exhibit A shall be responsible for
monitoring the services to ensure that they comply with acceptable standards.
Notice and contact for Weld County shall be through Mr. Wayne Howard, P.E.,
Weld County Department of Public Works, 1111 H Street, Greeley, CO 80631;
(970) 356-4000, ext. 3788; FAX: (970) 304-6497. Notice and contact for Town
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shall be through: Michael D. Friesen, Town Manager, 441 - 3`d Street, P.O. Box
626, Mead, CO 80542; (970) 535-4477; FAX: (970) 535-0831.
4. Term. The term of this Intergovernmental Agreement shall be from the date of
signature hereunder to and until December 31, 2007; except for repayments, if
any, to Weld County from payments made by landowners to the Town pursuant to
development agreements.
5. Ownership and Maintenance.
a. Weld County shall own and maintain all street and roadway improvements
constructed or caused to be constructed from the south side of the
intersection of WCR 9.5 and WCR 28, southward to the southern
boundary of the project. No later than March 1, 2007, the Town shall
grant a right-of-way easement(s) to Weld County over the eastern portion
of the St. Acacius subdivision and the eastern portion of the Ritchie
Brothers development for WCR 9.5, sufficient in width to accommodate a
regional arterial roadway (50 feet). All other right-of-way for that stretch
of WCR 9.5 not included from the current developers mentioned above
will be obtained by purchase by CDOT using portions of the estimated
$500,000 budgeted out of the $3.7 million from CDOT. Weld County
agrees that the Town, its successors and assigns, and contractors shall at
all times have access to, through, over and across its portion of the right-
of-way for WCR 9.5 for the purpose of constructing, operating, and
maintaining the storm drainage facilities and related appurtenances
adjacent to and within the designated portion of the right-of-way, or for
other governmental purposes.
b. The Town of Mead shall own and maintain all street and roadway
improvements constructed or caused to be constructed from State
Highway 66, southward to the south side of the WCR 9.5 and WCR 28
intersection, all of which is within the boundaries of the Town. The Town
agrees that Weld County, its successors and assigns, and contractors shall
have access to, through, over and across its portion of the WCR 9.5 right-
of-way for the purpose of constructing the WCR 9.5 facilities and related
appurtenances within the designated portion of right-of-way easements.
6. Liability Insurance Coverage. If the services described in Exhibit A are
contracted for, the contracting party shall arrange in the contract to include the
other party as an additional named insured on the contractor's general liability.
7. Guarantee of Workmanship. Weld County agrees that if services are contracted
for, the contractor is required to guarantee the workmanship for at least two (2)
years following completion of the services.
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8. 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, heirs, personal
representatives, successors and assigns of said parties.
9. No Waiver of Immunity. No portion of this Intergovernmental 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 Intergovernmental
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 Intergovernmental Agreement.
10. 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.
11. Original Counterparts. This Agreement may be executed in counterparts, each
of which will be an original, but all of which together shall constitute one and the
same instrument.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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sr Y
Signed by the parties the c/day of reArLid rL( act 7 .
ATTEST: LWw ,=;?,,THE COUNTY OF WELD, a political
Weld County Clerk to the Bo a, t, n f the STATE OF COLORADO:
' \\9
i.tA
1161 M } A�r� `.
ar
By:C")t4t1u14e4 tr1 r 4 , .Dave Long, Chairman B f 1 2007
Deputy erk t he Board ,�'c';.&° f County Commissioners o'the County
Weld
ATTEST: TOWN OF MEAD, a municipal corporation of
the STAT F COLORADO
1 de-knOe6
By { By
C dace Bridgwater, Town 1 k Richard W. Macomber, Mayor
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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EXHIBIT A
DESIGN, CONSTRUCTION AND/OR MAINTENANCE SERVICES
The parties agree that the responsibility for the design, construction and/or maintenance
of WCR 9.5, southward from State Highway 66 to the St. Vrain River bridge shall be
apportioned as follows:
Government Entity Design and Construction Maintenance
Weld County The design will be consistent with the Weld County WCR 9.5 southward
WCR 9.5 from St. arterial roadway guidelines. from the south right-of-
way line of Weld
Vrain River to Ultimate design will consist of a four-lane roadway County Road 28,to the
WCR 28 with median, bikepaths, curb& gutter, storm drains, St. Vrain River bridge.
and detached sidewalks.
Interim design and construction consists of a two lane
roadway (the north bound lanes of the ultimate
section), curb& gutter, (east side only)storm drains,
and improvements to WCR 28 intersection.
Weld County The design will be consistent with the Town of None
WCR 9.5 from Mead's arterial roadway guidelines.
WCR 28 to SH 66 Ultimate design will consist of a four-lane roadway
with median, bikepaths, curb& gutter, storm drains,
detached sidewalks, and intersection improvements
atSH66.
Interim design and construction consists of a two lane
roadway, (center two lanes of the ultimate section)
median, paved shoulders, and cross culverts. The
interim construction is limited to maximizing the
CDOT funding.
Town of Mead None, except Town and Weld County agree to i WCR 9.5 southward
consult and coordinate on design issues. from State Highway 66,
to the south right-of-
way line of Weld
County Road 28.
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EXHIBIT B
LOCATION OF WORK
The location of the work to be performed under this IGA shall extend from State
Highway 66 southward along the half section line of Sections 26 and 35, T3N, R68W, to the
southern boundary of the St. Acacius subdivision in the Town of Mead and then diverting from
the half section line, south and westward to the I-25 Frontage Road bridge over the St. Vrain
River as depicted on the map attached.
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EXHIBIT C
PROJECT COST AND
COST SHARING ALLOCATION
WELD COUNTY AND TOWN OF MEAD
It is agreed by the parties that the cost of the project to be constructed under this IGA
shall be shared and apportioned in accordance with the following schedule:
WCR 9.5 Between WCR 9.5 Between
St. Vrain Bridge to WCR 28 WCR 28 to SH 66, and that
portion of WCR 9.5 south of
WCR 28 which is part of the St.
Acacius Subdivision
Description of Improvements Responsible Party Responsible Party
Estimated Cost Estimated Cost
CARMA/Weld Weld/Mead
Right-of-Way Acquisition --
$0.00 $500,000
CARMA Weld/Mead
WCR 9 .5 Construction
$2,000,000 $2,000,000
CARMA Weld/Mead
Utility Relocation
Unknown $850,000
Design and Construction CARMA Weld/Mead
Admin. Unknown $350,000
Totals $2,000,000 $3,700,000
It is agreed by the parties that the cost of the total project will funded by Weld County, CARMA,
and the Town of Mead. Weld County and the Town of Mead agree to use the $3.7 million from
CDOT Encumbrance Number 13192 to fund the project. If there is a shortfall between the actual
construction cost for WCR 9.5 and the contributions from CARMA and CDOT, County will
cover the remainder; however, Town agrees to contribute a portion of the funds escrowed from
developers adjacent to WCR 9.5 to help Weld County with any shortfall. The Town shall have
no other financial obligations to pay for the design and construction of WCR 9.5.
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