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Home My WebLink About20073066.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF COUNTY BRIDGE 13/54A AND AUTHORIZE CHAIR TO SIGN - LARIMER 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 Replacement of County Bridge 13/54A 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 Larimer 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 Replacement of County Bridge 13/54A 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 Larimer 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 1st day of October, A.D., 2007. BOARD OF COUNTY COMMISSIONERS ¢" ! lgsa WE COUNTY, COLORADO ATTEST: yt: 1/, j � ,q David E. Long, Chair J( Weld County Clerk to the Boats t ,A t (-\ William H.Je , Pro-Tem BY: � � �� (' (/ ') D p ty CI to the Boq� Willi F. Garcia APPF2O E6 AS Robert D. Masden ounty Attorney O( 2 ck h�nl Date of signature: )(1/01077 Douglas demacher 2007-3066 EG0056 00 : /2,0( s) /0 -&?-o7 INTERGOVERNMENTAL AGREEMENT 8� FOR REPLACEMENT OF WELD COUNTY BRIDGE NO. 13/54A OVER THE BIG THOMPSON RIVER THIS AGREEMENT made and entered into this / day of jy 6v , ,2007,by and between the County of Larimer, State of Colorado,by and through the Board of County Commissioners of the County of Larimer, Colorado whose address is 200 West Oak Street, Fort Collins, Colorado 80521, hereinafter referred to as "LARIMER COUNTY", and the County of Weld, State of Colorado,by and through the Board of County Commissioners of the County of Weld, Colorado whose address is P.O. Box 758, 915 10th Street, Greeley,Colorado 80632,hereinafter referred to as "WELD COUNTY." WITNESSETH: WHEREAS, LARIMER COUNTY and WELD COUNTY share jurisdiction of Larimer County Road 1/Weld County Road 13 as it crosses over the Big Thompson River, hereinafter referred to as "Bridge 13/54A", and WHEREAS, WELD COUNTY has received Federal Bridge Funds and has entered into a contract with the Colorado Department of Transportation(CDOT)who has agreed to fund 80%of the project costs utilizing Federal funds. Therefore,WELD COUNTY and LARIMER COUNTY wish to fund the remaining 20% of the project costs, and share the costs of such improvements equally, and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of defining their relative roles and responsibilities regarding the completion of this project, and WHEREAS, both parties are authorized to enter into intergovernmental agreements with one another,pursuant to 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 parties hereto agree as follows: 1. DESCRIPTION OF IMPROVEMENTS: The existing steel two-span bridge constructed in 1960 is now structurally deficient. The main goal of the project is to replace Bridge 13/54A,widen the horizontal clearance of the deck,and reconstruct the approach roadways to the new structure. The total estimated cost of the improvements is approximately $1,622,330. 2. DESIGN OF IMPROVEMENTS: WELD COUNTY agrees to be the lead agency with regard to design and to contract with an independent consultant to prepare all design drawings, contract documents, and exhibits necessary for this project. Both parties agree that the Larimer County Public Works Department and the Weld County Public Works Department shall confer and agree to the final design of the improvements before the project is advertised for bids and construction begins. 1111111 11111 I I I 1111111 I I I 11111111 I I 111111 I I I I I I I I 3 3512898 10/23/2007 12:52P Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 0742- 3'E 3. RIGHT-OF-WAY ACQUISITION: WELD COUNTY agrees to be the lead agency with regard to right-of-way acquisition and to contract with an independent consultant to provide assistance in acquiring all the rights-of-way and easements necessary for this project. WELD COUNTY shall have the full authority to execute all documents associated with acquiring the necessary rights-of-way on behalf of either jurisdiction. CDOT project funds can be used for this purpose, following the "Uniform Act" requirements set forth by the federal government. 4. CONVEYANCE OF RIGHT-OF-WAY: Upon acquisition of the necessary additional rights-of-way for the project within the boundaries of LARIMER COUNTY, WELD COUNTY shall convey the same to LARIMER COUNTY by Special Warranty Deed to LARIMER COUNTY and LARIMER COUNTY shall accept such conveyance. 5. EMINENT DOMAIN PROCEEDINGS: If, after discussions with the owners of the necessary additional rights-of-way 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. 6. CONSTRUCTION OF IMPROVEMENTS: WELD COUNTY agrees to be the lead agency with regards to administrating the construction of the improvements for this project, including advertising the project for construction bids and awarding a construction contract. Upon opening and reviewing the bids received for construction, the Weld County Public Works Department and Larimer County Public Works Department shall confer and both agree that the low bid is reasonable and that the project should move forward before a construction contract is awarded. Once a construction contract is awarded, WELD COUNTY shall have full authority in all contractual arrangements during the completion of this project. WELD COUNTY shall also be responsible for inspecting the construction of the improvements. WELD COUNTY, at its discretion, may contract with a private consultant to complete the field inspection and materials testing for this project. 7. REIMBURSEMENT OF PROJECT COSTS: WELD COUNTY agrees to provide LARIMER COUNTY with copies of all invoices associated with the design,right-of-way acquisition, construction, and inspection of this project. LARIMER COUNTY agrees to reimburse WELD COUNTY for ten(10%)percent of all the aforementioned project costs unless such amount is increased by an appropriate written modification to this contract executed before any increase cost is incurred. LARIMER COUNTY agrees to pay all invoices within 30 days of receipt of each invoice which shall be submitted at major milestones. It is understood and agreed by both parties hereto that the total cost of Bridge 13/54A stated hereinafter 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. The total project costs shall be divided as follows: • Federal Funds (80%) = $1,297,864 • Larimer County Funds (10%) =$162,233 • Weld County Funds (10%) = $162,233 Total Funds (100%) = $1,622,330 1111111111111111111111 11111111111111111 III 11111 IIii IIII )1.3 3512898 10/23/2007 12:52P Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8. 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. 9. 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 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. 10. 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 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY Clerk to the Board LARIMER COUNTY, COLORADO Ch7NA li� �i' By: a g1 /ti z Z -�puty Clerk to the Board / Kathay Rennels, Chair a,,dvn„p„� APPROVED AS TO FORM & CONTENT:?.::yG ,,,,, ..C 7 �', By: OS>e x- 10 -01 SEAL (ass{.Lori er Count}l ttomey COL oo.,"‘‘‘‘ 11 ,,,,,,,,,,,,," ATTEST: carte /i � E , x OARD OF COUNTY COMMISSIONERS WELD COUNTY Clerk to t r o. CO) ! LD COUNTY, COLORADO By: ` 1861 1 a van icy. Deputy Clerk to the Boa -1�� David E. Long, air OCT 0 1 2007 APPROVED TO FO CONT ` : By: eld ounty Attorney 111111111111111111 IIII 111111 F 1111111 III 11111 IIII IIII 3 3512898 10/23/2007 12:52P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder rst MEMORANDI mss UNTY !�3NERS WI ID C 1001SEPPr2S 4 ��/P12: 5 TO: Clerk to the Board DATE: Segibea\A JP FROM: Wayne Howard, Chief Senior Engineer, Public Works COLORADO SUBJECT: Agenda Item Intergovernmental Agreement with Larimer County for Replacement of Weld County Bridge 13/54A over the Big Thompson River. Enclosed are two original IGA Agreements. Please return one original IGA to Public Works as soon as it is signed. M:\Francie\Agenda Wayne Howard.doc 2007-3066 Hello