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Home My WebLink About20073067.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION ON COUNTY ROAD 9.5 AND AUTHORIZE CHAIR TO SIGN -SAINT VRAIN LAKES METROPOLITAN DISTRICT#1 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 Construction on County Road 9.5 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 Saint Vrain Lakes Metropolitan District#1, 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 Construction on County Road 9.5 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 Saint Vrain Lakes Metropolitan District #1 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 1st day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS I I<,_ t; , WE COUNTY, COLORADO ATTEST: /vow' ^ /' r / . (L c-4,, I" r i David E. Long, Chair Weld County Clerk to t - �� ‘. = tom^ ;, � ( -2-2.� ` William er , ro-Tem BY: 1 ' 61 ��c�� s I De. ty Cl: to the Boar. Willi F. Garcia APPRO A RM: _. A2— l� Robert D. Masden ounty Attorney _.),o kCc nn/ Q.. ,\_ �Lllb�(77 Douglas Rademacher Date of signature: 2007-3067 EG0056 h0 : ftJ /0-,to--a 7 MEMORANDUM TO: Clerk to the Board DATE: 9/25/2007 • FROM: Wayne Howard, Chief Senior Engineer, Public Works COLORADO SUBJECT: Agenda Item Intergovernmental Agreement with St. Vrain Lakes Metropolitan District No. 1 for the WCR 9.5. Enclosed are two duplicate original IGAs. Please return one signed original to Public Works. M:ArmncieAAgenda Item.doc hE :3 d qZ d3S L�01 S" INOISS F vJ I Entio U ?iii 2007-3067 899 INTERGOVERNMENTAL AGREEMENT sf This Intergovernmental Agreement (this "Agreement") is made and entered into this day of ©older , 2007 by and between the COUNTY OF WELD, COLORADO, a county and political subdivision of the State of Colorado (the "County") and ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), collectively referred to herein as the "Parties." RECITALS WHEREAS, the formation of the District was approved by the Weld County Board of County Commissioners with the power to provide certain public infrastructure, improvements and services, as described in Article I, Title 32, C.R.S. within the District's Service Area, as defined in the Consolidated Service Plan for St. Vrain Lakes Metropolitan District Nos. 1-4 dated August 28, 2006; and WHEREAS, pursuant to §32-1-1001(1)(d)(I), C.R.S., the District is permitted to enter into contracts and agreements affecting the affairs of the District; and WHEREAS, portions of Weld County Road 9.5 are anticipated to be constructed by the District ("WCR 9.5"), such portion to include WCR 9.5 south of County Road 28, as shown on EXHIBIT A attached hereto and incorporated by reference; and WHEREAS, the County desires to reimburse the District for a portion of the construction costs for Weld County Road 9.5 in the amount shown on the schedule in EXHIBIT B attached hereto and incorporated by reference; and WHEREAS, the District's Board of Directors has authorized its officers to execute this Agreement and to take all other actions necessary and desirable to effectuate the purposes of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and promises expressed herein, the County and the District hereby agree as follows: COVENANTS AND AGREEMENTS 1. Agreement. The County and the District agree to cooperate in the planning, design, and construction of WCR 9.5. 2. County Obligation. The County will provide reimbursement in the amount of the construction costs for the improvements contemplated herein, as shown in EXHIBIT B (the "Reimbursement Amount"). Such Reimbursement Amount shall he remitted to the District for the costs of constructing a transition lane of WCR 9.5 North to WCR 9.5 South (as shown in the light shaded areas on EXHIBIT A). The County will utilize the funding received from the 3512899 10/23/2007 12:52P Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder o�7-3D‘ 7 Colorado Department of Transportation for the I-25 Frontage Road relocation IGA to fund the Reimbursement Amount. 3. Timing. The Reimbursement Amount shall be due and owing by the County to the District upon the completion of WCR 9.5 south of Weld County Road 28. The completion date shall be the date upon which the District engineer and the County engineer have inspected and certified that such road is complete and in compliance with all relevant County standards. 4. Construction. The District agrees to construct all improvements contemplated herein in accordance with all relevant rules, regulations and policies of the County. Upon completion of the improvements and acceptance by the County, the District shall provide a one year warranty on all work and materials for the improvements shown in EXHIBIT A. The warranty shall begin upon the date of acceptance of the roadway. 5. Default. a. Event of Default. It shall be an "Event of Default" or a "Default" under this Agreement if any Party defaults in the performance or observance of any of the covenants, agreements, or conditions made by such Party herein (whatever the reason for such event or condition and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree, rule, regulation, or order of any court or any administrative or governmental body). b. Grace Periods. Upon the occurrence of an Event of Default by any Party, such Party shall, upon written notice from another Party, proceed immediately to cure or remedy such Default and, in any event, such Default shall be cured within thirty (30) days after receipt of such notice, or, if such default is of a nature which is not capable of being cured within the applicable time period, shall be commenced within such time period and diligently pursued to completion. c. Remedies on Default. Whenever any Event of Default occurs and is not cured under this Agreement, the non-defaulting Party injured by such Default and having a remedy under this Agreement may take any one or more of the following actions: (I) Suspend performance under this Agreement until it receives assurances from the defaulting Party, deemed adequate by the non-defaulting Party, that the defaulting Party will cure its Default and continue its performance under this Agreement; or (ii) Cancel and rescind the Agreement with respect to the duties of such non-defaulting Party under this Agreement; or (iii) Upon an Event of Default hereunder, the District or the County may proceed to protect and enforce their respective rights by such suit, action, or special proceedings as the District or the County deem appropriate under the circumstances, including without limitation an action in mandamus or for specific performance. 11111111111111111 IIII 111111 IIII 1111111 III IIIII IIII IIII 3512899 10/23/2007 12:52P Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk & Recorder d. Delay or Omission No Waiver. No delay or omission of any Party to exercise any right or power accruing upon any Event of Default shall exhaust or impair any such right or power or shall be construed to be a waiver of any such Event of Default, or acquiescence therein; and every power and remedy given by this Agreement may be exercised from time to time and as often as may be deemed expedient. e. No Waiver of One Default to Affect Another; All Remedies Cumulative. No waiver of any Event of Default hereunder by any Party shall extend to or affect any subsequent or any other then existing Event of Default or shall impair any rights or remedies consequent thereon. All rights and remedies of the Parties provided here shall be cumulative and the exercise of any such right or remedy shall not affect or impair the exercise of any other right or remedy. f. Discontinuance of Proceedings; Position of Parties Restored. In case any Party shall have proceeded to enforce any right hereunder and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to such Party, then and in every such case the Parties shall be restored to their former positions and rights hereunder, and all rights, remedies, and powers of the Parties shall continue as if no such proceedings had been taken. g. Attorneys' Fees. If a Party must commence legal action to enforce its rights and remedies under this Agreement, the prevailing Party shall be paid, in addition to any other relief, its costs and expenses, including reasonable attorneys' fees, of such action or enforcement. 6. Notices and Place for Payments. Any notices, demands, or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally, sent by facsimile with a hard copy sent immediately thereafter by first class certified mail, or sent by first class certified mail, postage prepaid and return receipt requested, addressed to the Parties at the addresses set forth below, or at such other address as either party may hereafter or from time to time designate by written notice to the other party given in accordance herewith. Notice shall be considered given when personally delivered, transmitted by facsimile or mailed by first class mail, return receipt requested, and shall be considered received on the earlier of the day on which such notice is actually received by the party to whom it is addressed, or the third day after such notice is mailed. Notices to the District: St. Vrain Lakes Metropolitan District No. 1 c/o White, Bear& Ankele Professional Corporation Attn: Kristen D. Bear, Esq. 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 Notices to the County: Weld County Public Works Attn: Wayne Howard, Chief Senior Engineer P. 0. Box 758, Greeley, CO 80632 7. Amendments. This Agreement may only be amended or modified by a writing executed by each Party. 111111111111 111111111111111111111111111 III 11111 I I I11111 3512899 10/23/2007 12:52P Weld County, CO 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8. Severability. If any clause or provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole, and all other clauses or provisions shall be given full force and effect. 9. Applicable Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 10. Assignment. This Agreement may not be assigned by the District or the County without the express prior written consent of the other party, and any attempt to assign this Agreement in violation hereof shall be null and void. 11. Authority. By execution hereof, each Party hereto represents and warrants that its representative signing hereunder has full power and lawful authority to execute this Agreement and to bind the respective party to the terms hereof. 12. Entire Agreement. This Agreement constitutes and represents the entire, integrated agreement between the District and the County with respect to the matters set forth herein, and hereby supersedes any and all prior negotiations, representations, agreements or arrangements of any kind with respect to those matters, whether written or oral. This Agreement shall become effective upon the date set forth above. 13. Counterpart Execution. This Agreement may be executed in counterparts and, as so executed, shall constitute one Agreement, binding on the Parties even though the Parties have not signed the same counterpart. Any counterpart of this Agreement that has attached to it separate signature pages, which altogether contain the signatures of all the Parties, shall be deemed a fully executed instrument for all purposes. 14. Inurement. The terms of this Agreement shall be binding upon, and inure to the benefit of the Parties as well as their respective successors and permitted assigns. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 1111111 11111 1111111111 111111 1111 1111111II111111111111 3512899 10/23/2007 12:52P Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 181950-2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. Board of Weld County Commissioners � Weld County, Colorado Attest: �fn/7444/1a/ Il,."r David E. Long, Chair OCT 01 2007 Weld County Clerk to the Board Ore' z ." 186! � ' 1 Deputy Clerk to the Board ST. VRAIN LAKES METROPOLITAN DISTRICT NO. 1 By: � � Tyler M. Packard, Secretary 1)11 \c\\0\!\T ��I��899 �0 OOI2 D 0.50 St eve Moreno Clerk&Re 5 of 181950-2 &coy-3O6 7 EXHIBIT A y a g� S § ,Eg c k r ._-- __ — LAM .Turi� ST MAN El g6.18, Y , . H 4 plirsti E I h' I I . I i I = .p dL �'*� 11-7 I s0 O II� J C� r d I--- 0Ce l C3 ail C2 =ca a O aV C = O N — N —•• ��C 35 Iro O ENO a xa+o vg, co to $@i 4 r 8"§e �' ST. VRAIN LAKES _ Record Documents FILING NO.1 e Carroll a Lange - " - . -Fs::fr.: '5'' " - WCR 9.5 AND 28 a moWhue a e "' " ,"s"�' "'w" \,INTERSEC110N COST m,^,„uw o0$ 00 ge MASTER REM sian�rec«we IOHULPW T 8 SHARING EXHIBIT - sec°M Dared By.. lam... o :7-c_ EXHIBIT B m v 4-4 € 2 CU¢I Q IC: Li CO Q ¢ N .-1 T 0? 0 -4 0 N t0 co Oi vi 44:. h vi rl .+ co m4-4 t CD T .~-I 111 00 u1 T ti N to o N .-1 N N ' t O1 V rn A. v+ w• w e+ a+ CO 40. a+ u+ tl+ 1^0 in N N .--I in 0 U U .-1 N O '-1 .4 10 .i D. D. O 0 RR w x+ 40' m a+ x+ w OLI 4 b 6n S in v)I y I I. CY N Z.) m p v v '^to I Q ^ vt y. o In ni a r1 _ IN rl Vf N N N a N O N 9 T N '1 0 L d W V CO C E L U 0. 1° •8 o c w o n c '' •m 0 W a w o 5 z 3 b- ur. w o o a j o a V a a su°' 6. i -e a 1`a m 3 0. 4 a a a c > C a 2 rn w y U 2 al c) rn 1 v y — of a J .O o 0 CO LL Q U) 0 I0 W W 1 .-. N In Ill CO N co Ot O� 1 111111 11111 111111 1111 11111 IIII 1111111 III 111111 1111 3512899 10/23/2007 12:52P Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: WCR 9.5 / St. Vrain Metropolitan District IGA DEPARTMENT: PUBLIC WORKS DATE: September 19, 2007 PERSON REQUESTING: Wayne Howard, Chief Sr Engineer Brief description of the problem/issue: The WCR 9.5 project, from SH 66 south 2 miles, consists of two separate projects, one south of WCR 28 being constructed by Carma (Weld County Developer) and the other project north of WCR 28 being constructed by LaFarge (Weld County Contractor). The transition of one project to the other is designed to occur south of WCR 28 allowing turn lanes to be constructed now without having to remove current improvements for the ultimate four lane configuration in the future. The difference between the two projects is Carma's road cross section consists of the two north bound lanes of the ultimate four lane section without the center median while LaFarge's cross section consists of the center median and the two inside lanes of the ultimate four lane road. This interim condition creates an offset between the two projects resulting in a 1200 foot roadway transition to safely tie the two projects together. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The St. Vrain Metropolitan District (Carma) has estimated the costs for this transition to be $57,636.18, and will be constructed as part of their road project. They are requesting reimbursement from Weld County. The transition is necessary for the WCR 9.5 projects to safely connect. Recommendation to the Board: Public Works is in agreement with this request for reimbursement as this transition was requested by Public Works during the final design phase of the two projects. By performing this work now, the intersection of WCR 28 and WCR 9.5 will be greatly improved for the future traffic at this location. The costs for the work will be included in the funds received from CDOT for the frontage road replacement; therefore, the County will have no out of pocket expense. Mead is also in agreement with this request. Approve Schedule Recommendation Work Session Comments David E. Long \,/ William H. Jerke William F. Garcia AA Robert D. Masden Douglas Rademacher Attachments pc: M:\—Active Projects\Strategic Corridor\WCR 9.5 Frontage Rd.Realignment to SH 66\Construction\Correspondence\Letters\Carma IGA Work Session Request.doc Hello