HomeMy WebLinkAbout20073423.tiff RESOLUTION
RE: APPROVE FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR
COOPERATIVE ROAD AND STREET DESIGN, CONSTRUCTION, AND/OR
MAINTENANCE SERVICES RELATIVE TO THE COUNTY ROAD 9.5 PROJECT EAST
OF INTERSTATE 25 AND SOUTH OF STATE HIGHWAY 66, 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 the First Addendum to the
Intergovernmental Agreement for Cooperative Road and Street Design, Construction, and/or
Maintenance Services Relative to the County Road 9.5 Project East of Interstate 25 and South of
State Highway 66 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,with further terms and conditions being as stated
in said addendum, and
WHEREAS, after review, the Board deems it advisable to approve said addendum, 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 First Addendum to Intergovernmental Agreement for Cooperative Road
and Street Design, Construction, and/or Maintenance Services Relative to the County Road 9.5
Project East of Interstate 25 and South of State Highway 66 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 addendum.
2007-3423
EG0056
L PL 0/-62-08'
FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE ROAD
AND STREET DESIGN, CONSTRUCTION, AND/OR MAINTENANCE SERVICES RELATIVE
TO THE WELD COUNTY ROAD 9.5 PROJECT EAST OF INTERSTATE 25 AND SOUTH OF
STATE HIGHWAY 66
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of November, A.D., 2007.
r BOARD OF COUNTY COMMISSIONERS
r1/7y/ /[/A'-'D/Q�/////y/ I "' 1!+? % EL OUNTY, COLORADO
ATTEST: n _. 14
'C J �l\
Ito .���. fiC2 0 id E. Long, Chair I
Weld County Clerk to the Bo:
illiam H. J e, Pro-Tern
De y Cler o the Board `7 212
Willi m F. Garcia
APP AS M: _A a \\IN�_
Robert D. Masden
unty Attorney v a► &wYX M.r'
� � 1�-� Douglas Rademach
Date of signature:
2007-3423
EG0056
Kict„,i,ii" .,
MEMORANDUM
TO: Clerk to the Board DATE: October 31, 2007
• FROM: Wayne Howard, Chief Senior Engineer, Public Works
COLORADO
SUBJECT: Consent Agenda Item
First Addendum to the IGA for Cooperative Road and Street Design, Construction and/or
Maintenance Services Relative to WCR 9.5 Project East of I-25 and South of SH 66.
Enclosed is one original Addendum to the IGA.
M:U'rancie\Agenda Wayne Howard doe
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2007-3423
FIRST ADDENDUM TO flit INTERGOVERNMENTAL
AGREEMENT FOR COOPERATIVE
3. 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 SII 66
This First Addendum to the 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 is made and entered between the COUNTY OF WELD,
a political subdivision of the 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 - 3`d Street,
P.O. Box 66, Mead, CO 80542, hereinafter referred to as"Town."
WHEREAS,the parties entered into an Intergovernmental Agreement on March 5, 2007,
recorded in the Weld County Clerk and Recorder's office hereinafter called the"Agreement"; and
WHEREAS,it has been determined by the parties that the construction management of
the project between WCR 28 and SH 66 should be performed by the Town, with the cost thereof
to be reimbursed by the County according to the terms of this agreement;
NOW,THEREFORE, it is agreed by the parties that the following provisions are added
to the aforementioned intergovernmental Agreement as follows:
1. Following the acceptance of bids and the awarding of the contract for the
construction of that portion of WCR 9.5 between WCR 28, northward to SH 66,
the Town will undertake the responsiblity and duty of contract and construction
management for the above described portion of WCR 9.5. The County will be
responsible for the payment of the contractor(s) for the work performed.
2. The County will reimburse the Town for the actual cost of contract and
construction management performed by the Town, based on the actual billings to
the Town from the service providers.
3. Following the completion of the construction, any monies remaining will be
reserved to fund future a traffic signal at the intersection of WCR 9.5 and SH 66
upon meeting signal warns. Any funds remaining upon completion of the traffic
signal will be shared equally between the Town and County. These funds may be
used for future maintenance or road improvements of WCR 9.5 as it extends from
the I-20 5 Frontage Rd to SH 66, as both parties have jurisdiction along this 2 mile
section of roadway with each jurisdiction being approximately 1 mile.
4. Entire Agreement. This writing constitutes the entire Addendum to the
1 st_Addendum o weld.Mead_IGA__FinaLwpd 10118,O7(9:58 am) Page 1 of 3
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3524309 12/18/2007 02:089 Weld County, CO
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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.
5. No Waiver of Immunity. No portion of this Addendum to the 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 the
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 the
Intergovernmental Agreement.
6. 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 Addendum to the
Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in the 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.
7. 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.
_be; ) i /�ii.... ,
ATTEST: /;ef''Lat La THE COUNTY OF WELD, a political
Weld County Clerk to th�•o. �S subdivi ' of the STATE OF COLORADO:
&. rl By:
Is5t pit
By: I�'�i�j /i'��° 1 David E. Long , C 'rman
Deputy a erk t.6 e Boar S 'UN \ Board of County mmissioners of
the County of Weld
Date: NOV 0 5 2007
1st Addendum_m wad-Mead_IGA__FlmU.wpd 10/1ND7(958am) Page 2 of 3
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3524309 12/18/2007 02:08P Weld County, C
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RCO'l 35'x3
•
ATTEST: TOWN OF MEAD, a municipal corporation of
the STATE OF COLORADO
By By
C dace Bridgwater, Town l k Richard W. Macomber,
Date:(-/)/6 O , 07067z
lst_Addendum_%Wald-Mead GA_ Final.wpd im1847(958ern) Page 3 of 3
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3524309 12/18/2007 02:08P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 9.5 /Town of Mead IGA/IGA 1st Addendum
DEPARTMENT: PUBLIC WORKS DATE: October 23, 2007
PERSON REQUESTING: Wayne Howard, P.E., Chief Sr Engineer / y
Brief description of the problem/issue: 0 f 0 c'S 1 a f ro i-e c"t-• VS
Weld County and the Town of Mead entered into an Intergovernmental Agreement (IGA) on March 5, 2007. The IGA
defines responsibilities for design, construction, and maintenance of WCR 9.5 project, between WCR 24.5 and SH 66. As
you recall, Weld County and Mead accepted $3.7 million from CDOT to replace the existing frontage road. Since
entering into the IGA with Mead, several items have either changed or were not included in the IGA. Those items as
follows:
1. Agency responsibility for construction inspection and testing (1s` Addendum transfers Mead as the agency
responsible for inspection and testing.)
2. Fund Balance (ls` Addendum defines how the remaining funds from CDOT's $3.7 million are to be utilized
once all costs are determined. Approximately$600,000 will not be utilized for the project)
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Addendum No. 1 of the Weld County and Town of Mead IGA is proposed as follows:
1. Since Mead has local jurisdiction on this section of WCR 9.5, it was decided that they should take stock in the
final outcome of the project and they have agreed to accept this responsibility. The Town of Mead outsourced
this work to JR Engineering.
2. It is anticipated that the intersection of WCR 9.5 and SH 66 will meet CDOT signal warrants soon after
opening to traffic. Weld and Mead will request a warrant investigation by CDOT soon after opening the road
and if warrants are met, a portion of this remaining balance will go to CDOT to help fund a traffic signal. The
signal is expected to be approximately$250,000. The remainder is to be shared equally between the agencies
which may be used for future maintenance on respective jurisdictions of WCR 9.5.Each agency has approx. 1
mile of jurisdiction.
Recommendation to the Board:
I recommend approval of Addendum No. 1 of the Town of Mead/Weld County IGA. Currently, we are expecting
approximately $600,000 may be available after all project costs are determined, in which $250,000 would help fund a
future signal at WCR 9.5 and SH 66. Weld County will have no out of pocket expenses for this project.
Approve Schedule
Recommendation Work Session Comments
David E. Long
William H. Jerke Li
y�L
William F. Garcia
Robert D. Masden
Douglas Rademacher
ead Town 2of6 Mead
P.O.Box 826
441 Third Street
Mead-"A U e Mead,Colorado 80542-0626
Mead
•ail Fugue..ue••
(970)535-4477
• October 22, 2007 •
fir,
Mr. Wayne Howard, PE 7
Chief-Senior Engineer
Weld County Public Works U
P.O. Box 758
Greeley, CO 80632
Dear Mr. Howard:
Enclosed please find a partially executed First Addendum to the 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 State
Highway 66.
The Board of Trustees approved this amendment at their regular meeting of October 8,
2007. Would you please send a fully executed copy to the Town for its records?
Thank you for your time and attention to this matter.
Very truly
yours,
(itCandace Bridgwater
Town Clerk
Cb
Enclosure (as noted)
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