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Home My WebLink About20070990.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO A PORTION OF EAST 168TH AVENUE/WELD COUNTY ROAD 2 AND AUTHORIZE CHAIR TO SIGN -ADAMS 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 improvements to East 168th Avenue/Weld County Road 2 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 Adams County, commencing upon full execution, with further terms and conditions being as stated in said Intergovernmental Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental 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 East 168th Avenue/Weld County Road 2 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 Adams County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 9th day of April, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEkCOUNTY, COLORADO �A ATTEST: iatell�/ tl ` �ti c� `""1, l • cri avid E. Long, Chair Weld County Clerk to the :. r� `' : - j �_ t� BY: C`'- -7V Ilia H. J 7ez?Pro-Tem �y Deputy C erk to the Board-:',' v William F. Garcia AP V AS TO FO . EXCUSED obert D. Masden unty orney �� Qo car.c .Gr 1e-o7 Douglas ademache Date of signature: 2007-0990 EG0056 itJ(r �' S � L 'szfPe__ B4/-//-O7 Ilra i, MEMORANDUM VI ill i C TO: Clerk to the Board DATE : April 4, 2007 • COLORADO FROM: Wayne Howard, Public Works SUBJECT: Agenda Item Intergovernmental Agreement with Adams County regarding improvements to a portion of East 168th Avenue/WCR 2 Enclosed are TWO original Agreements. Once signed,please send one original agreement to Public Works. The appropriate documentation is enclosed Enclosures M:\Francie\AgendaS ignature.DOC 2007-0990 Lee Asay Public Works Department DIRECTOR Engineering ADAMS COUNTY 12200 Pecos Street COv+, 1 1 Westminster, 303.453.8787 8 34 COLORADO FAX 303.453.8775 www.co.adams.co.us April 2, 2007 Mr. Wayne Howard, P.E. I Senior Engineer L. APR - 4 2007 L--) I P. O. Box 758 L —J Greeley, CO 80632 TI P PT Dear Mr. Howard: Enclosed you will find two copies of the "Intergovernmental Agreement between the County of Weld and the County of Adams Regarding Improvements to a Portion of E. 168th Ave/Weld County Road 2", hereinafter referred to as "IGA". These two copies of this IGA need to be signed and dated. One fully-executed copy of this IGA is to be returned to me for our records at the following address: Mr. Besharah Najjar, Manager 12200 N. Pecos Street, 3rd Floor Westminster, CO 80234 Should you have questions or concerns regarding this IGA,please do not hesitate to contact me at 303-453-8770. Sincerely, Besharah Najjar, P.E., .S., Manager Adams County Public Works-Engineering 12200 N. Pecos St., 3rd Floor Westminster, CO 80234 BNN:mj Enc. (2) -_ BOARD OF COUNTY COMMISSIONERS W.R."Skip"Fischer Mice J.Nichol Larry W. Pace DISTRICT 1 DISTRICT 2 DISTRICT 3 O INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF WELD AND THE COUNTY OF ADAMS REGARDING IMPROVEMENTS TO A PORTION OF E. 168`x' AVE/WELD COUNTY ROAD 2 ti THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 9 day of tip ci I , 2007,by and between the County of Adams, State of Colorado,by and through the Board of County Commissioners of Adams County, Colorado, hereinafter referred to as "ADAMS COUNTY," with offices located at 450 South 4th Avenue, Brighton, Colorado 80601, and the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "WELD COUNTY," with offices located at 915 Tenth Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, ADAMS COUNTY and WELD COUNTY share the jurisdiction of E. 168th Ave./Weld County Road (WCR) 2, from Harvest Rd./WCR 39 east to Hayesmount Rd./WCR 45 hereafter referred to as the "PROJECT", and WHEREAS, both parties wish to make improvements to the PROJECT and share the costs of such improvements equally, 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 parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from the date first written above to and until such time as the improvements to the PROJECT described herein are completed and 50% of the sum of the total costs are paid to and received by Weld County. 2. DESCRIPTION OF IMPROVEMENTS: In general, the improvements to the PROJECT shall consist of paving approximately 2.95-miles of the existing gravel road with two 12 foot lanes and adequate shoulders, improving drainage culverts and bridges, signing and striping. The Weld County Public Works Department and Adams County Public Works Department shall confer and agree to the width I I'llll lll'I VIII III'lll l'llllllllllllllll lull III! Ill 3468624 04/12/2007 02:26P Weld County, CO ?ages 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Goo 2-o99 ) of the paved shoulders. The total estimated cost of the PROJECT is $3,897,500.00, as describe in "Exhibit A." 3. DESIGN OF IMPROVEMENTS: WELD COUNTY agrees to be the lead agency with regard to the design and to contract with an independent consultant to provide the survey, project management, preliminary design, and final design necessary for the PROJECT. ADAMS COUNTY agrees to reimburse and pay WELD COUNTY one-half of all design costs associated with this PROJECT. Project administration utilizing WELD COUNTY staff necessary to complete the design of the improvements will not be charged to ADAMS COUNTY. Both parties agree that the Weld County Public Works Department and Adams County Public Works Department shall confer and agree to: A. The selection of an independent, qualified engineering firm to provide the design of the improvements using WELD COUNTY's Quality Based Selection (QBS) method. ADAMS COUNTY, at its discretion, will be a part of that process. B. The final design of the improvements before the project is advertised for bids. 4. RIGHT-OF-WAY ACQUISTION: WELD COUNTY and ADAMS COUNTY agree to acquire the necessary Right-of-Way (ROW) 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 all ROW and easements necessary for this PROJECT. Both parties shall confer and agree to the total width of ROW necessary for this PROJECT improvements and the firm selected prior to the selection of an independent appraiser and purchasing agent. • 5. 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. 6. CONSTRUCTION OF IMPROVEMENTS: WELD COUNTY agrees to be the lead agency with regards to administrating the construction of the improvements for the PROJECT, including advertising for construction bids and awarding a construction contract. Upon opening and reviewing the bids received for construction and before a construction contract is awarded, the Weld County Public Works Department and Adams County Public Works Department shall confer and agree that the PROJECT should move forward and a contract entered into with the winning bidder. Once a construction contract is awarded, WELD COUNTY shall have full authority in all construction arrangements during the 1 1111131111 113 11111 IIII 3111111111 III HI IIII VIII 3468624 04/12/2007 02:26P Weld County, CO 2 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder completion of the 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 any or all of the field inspection and materials testing for this PROJECT. ADAMS COUNTY agrees to reimburse and pay WELD COUNTY one-half of all construction and inspection costs, including materials and equipment necessary to complete the construction of improvements not including WELD COUNTY staff time. 7. REIMBURSEMENT OF PROJECT COSTS: WELD COUNTY agrees to provide ADAMS COUNTY with copies of all invoices and supporting documentation associated with design, construction, inspection and materials testing of the PROJECT. ADAMS COUNTY agrees to reimburse WELD COUNTY for one-half of all the aforementioned project costs within 30 days of receipt of each invoice. 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 and assigns of said parties. 9. NO WARRANTY: By virtue of its entering into this Intergovernmental Agreement and upon its promises to perform the work described herein, WELD COUNTY makes no warranties, either express or implied, that the improvements agreed to herein meet or will meet standards other than those generally required for counties and cities of the size and type similar to the parties herein. 10. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the parties hereto. 11. 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. 12. MODIFICATION AND BREACH: This Intergovernmental Agreement contains 111111111111111111111111 /III 11111111111 III111111111111 5 Pages 3468624 04/12/2007 02:26P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 14. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: ADAMS COUNTY: Besharah Najjar, P.E., M.S., Engineering Manager 12200 Pecos St., 3rd Floor Westminster, CO 80234 Phone: 303-453-8770 Fax: 303-453-8775 WELD COUNTY: Wayne Howard, P.E., Chief Senior Engineer P.O. Box 758, 1111 "H" St. Greeley, CO 80632 Phone: 970-304-6496, ext 3788 Fax: 970-304-6497 1111111 11111 11111 1111111 111 11111 111111 111 11111 IIII IIII 3468624 04/12/2007 02:26P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 4 of 6 Pages IN WITNESS WHEREOF, the parties hereto have signed this Intergovernmental Agreement this 9zL day of /a;t' , 2007. ATTEST: COUNTY OF ADAMS, STATE OF COLORADO, by and through the Board of County Commissioners of Adams County c,pUNTY _ O 72 BY: o" '1"cc - eputy CtdP�lr Cto the Board W.R. "Skip"Fischer, Chairman s SFAI� ,APPROVED AS TO FORM & CONTENT: By: Q. E - Adams County Attorney ATTEST: "' S v� I�-/7,`,r LINTY OF WELD, STATE OF COLORADO, 7; d through the Board of County Commissioners y• tcia t� Id County ts' t = y .•By: a bL 4 at . �, � rk tot Board • ,r" David E. Long, Chairman APR 9 2007 APPROVED AS TO FORM & CONTENT: r By: / 1d County Attorney 2 M:\—Active Projects WCR 2,WCR 39 to WCR 45\Design\Contracts\IGA Items\Final Adams County IGA WCR 2.doc AIM 11111111111111111 �� 11111111111III RHO IIII 3468624 04/12/2007 02:26P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 5 of 6 Pages t oo9- 0990 EXHIBIT A WELD COUNTY PUBLIC WORKS DEPARTMENT PROJECT CONCEPTUAL ESTIMATE Section Name WCR 2 (E. 168`n AVE Cross Road WCR 39 & WCR 45 DATE 19-JUN-06tt(,"Thwi‘c REVISED 30-JAN-07 CLASSIFICATION WELD/ADAMS COL/ART PROPOSED ROW AS REQUIRED EST. EXISTING ROW 60 FEET �• LENGTH OF NEW ALIGNMENT IN MILES 2.95 EST. LENGTH IN FEET 15575 COLORADO EXISTING PAVED SURFACE NO EXISTING PAVED SURFACE WIDTH 0 W HOWARD UNIT UNIT COST $ QUANT SUM $ CLEARING AND GRUBBING MILE 25,000 2.95 73,750 EMBANKMENT FOR WIDENING CY 10 20,000 200,000 ASPHALT TON 55 22,750 1,251,250 AGGREGATE BASE TON 20 27,000 540,000 TRAFFIC CONTROL AND SIGNING MILE 10,000 3 30,000 BRIDGE (2/41A) SF 120 1,800 216,000 FENCE LF 1.50 31,000 46,500 DRAINAGE (MISC. CULVERTS) LS 100,000 1 100,000 CONSTRUCTION SURVEYING MILE 20,000 3 60,000 MOBILIZATION MILE 50,000 3 150,000 BEST MANAGEMENT PRACTICES MILE 15,000 3 45,000 SUB-TOTAL 2,712,500 UTILITIES LS 100,000 1 100,000 DESIGN 15% 406,875 CONTINGENCIES _ 25% 678,125 **ROW NOT INCLUDED IN TOTAL **Total Estimate $3,897,500 **ROW (60' ADDITIONAL)(INFORMATION ONLY) ACRE I 21 I $15,000 $316,000 Estimating assumptions: Purchase 60' of additional ROW Pavement structure estimated at 6"HMA, 8"ABC, 8' Paved shoulders Bridge 2/41A will be replaced Project will be contracted construction Weld County classification is collector/Adams County desires arterial classification Project begins at end of asphalt just east of I-76 and ends at new pavement just west of WCR 45. All cross culverts will be replaced 13,161126141R101410111201010,01 VIII VIII IIIIIII IIII VIII IIIIII III VIII IIII IIII 3408624 04/1212007 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk Page 6 of 6 Pages Hello