HomeMy WebLinkAbout20070561.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR INTERSECTION
IMPROVEMENTS FOR WELD COUNTY ROAD 13 AND STATE HIGHWAY 52 AND
AUTHORIZE CHAIR TO SIGN - TOWN OF FREDERICK
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
Intersection Improvements for Weld County Road 13 and State Highway 52 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 Frederick, 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 Intersection Improvements for Weld
County Road 13 and State Highway 52 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 Frederick 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 5th day of March, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, ! ADO
ATTEST: iAjlai4;\6
vAitDavid E. Long, Chair
Weld County Clerk to the Boa 8 c
William . Jerk Pro-Tem
BY: it)" �(/CUE
Dip ty CI to the Boa
William F. Garcia
APPRO AS TO • k
�- Robert D. Masden
ttomey Q
2I��It 7 Douglas ademach
Date of signature: J
2007-0561
EG0056
D
(y1 ', ✓ 6L) i 0-4 5), ,�x'EP4krd( ' - '-o•7
ate
‘e' MEMORANDUM
' TO: Clerk to the Board DATE: 2-27-07
C.
COLORADO FROM: Wayne Howard, k "
Public Works Chief Senior Engineer
SUBJECT: Agenda Item—Frederick IGA for Intersection
Improvements for WRC 13 and SH 52
Request placement of: Frederick IGA for Intersection Improvements for WRC 13 and SH 52 on
the next available Board of County Commissioner meeting agenda. I have attached two original,
duplicate agreements. Please return one executed original agreement to the Public Works
Department for distribution to the appropriate town authorities.
This agreement delineates cost sharing of construction costs and termini of road work cost sharing
between Weld County Department of Public Works and the Town of Frederick for the construction
of the intersection improvements on Weld County Road 13 and SH 52 from SH 52 to 5th Street in
Frederick. Construction costs incurred by Weld County to build WCR 13 north of Station 278 are the
responsibility of the Town of Frederick and any changes in the basic design and construction
required by the Town of Frederick on the portion south of Station 278 are reimbursable to Weld
County Department of Public Works by the Town of Frederick. Cost of the work to be performed
north of Station 278 is estimated at$909,112.00 and south of Station 278 through SH 52 is estimated
at $1,928,420.00 for a total estimated cost of$2,837,532.00.
Please note that the signature block for the Chair of the Board is for William H. Jerke. This will
need to change prior to signing.
Enclosures
M:\IGA\Frederick\2-22-07 BOCCAgenda IGA construction.doc
-n
ri
2007-0561
•
gj INTERGOVERNMENTAL AGREEMENT
FOR INTERSECTION IMPROVEMENTS FOR WELD COUNTY ROAD
13 AND STATE HIGHWAY 52
THIS AGREEMENT made and entered into this rya day of 20O` ,by and
between the Town of FREDERICK,Colorado,a municipal corporatip of the tate of Colorado,
whose address is
410 LUCUST STREET, P.O. BOX 435, FREDERICK, CO 80530 ,hereinafter
referred to as "TOWN" 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 "COUNTY."
WITNESSETH:
WHEREAS, the COUNTY has commenced a roadway improvement project hereinafter
referred to as the "PROJECT", which includes improving sections of roadway on Weld County
Road (WCR) 13 and State Highway (SH 52) including a new traffic signal, and
WHEREAS,the total estimated cost of the PROJECT under this contract is$2,837,532.00,
and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. SHARING OF PROJECT COSTS FOR ROAD IMPROVEMENTS: The estimated cost of
the PROJECT under this contract which is to be funded is as follows:
SH 52 IMPOVEMENTS AND WCR 13 TO STATION 278+00
Congestion Relief Funds $ 800,000.00
Weld County $1,128,420.00
WCR 13 FROM STATION 278+00 TO NORTH TERMINI
Frederick Funds $ 909,112.00
Total Funds $ 2,837,532.00
°
�U ea
The sum to be paid by the TOWN is $909,112.00 and shall be paid by the TOWN to the
_0 COUNTY within thirty (30) days of receiving an invoice from the COUNTY unless such
irmc" amount is increased by an appropriate written modification to this contract executed before
mom
3 any increase cost is incurred.It is understood and agreed by both parties hereto that the total
cost of the PROJECT stated hereinbefore is the best estimate available,based on the design
IL
c•c•,y data at the time of execution of this contract, and such cost is subject to revisions (in
o o accordance with the procedure in the previous sentence)agreeable to the parties prior to bid
�o
and award.
ON
,•••.
The parties hereto agree that this contract is contingent upon all funds designated for the
MM
o o project herein being made available from other sources,as applicable. Should these sources
cc
fail to provide necessary funds as agreed upon herein, the contract may be terminated by
nM
a m p O
—" - Page 1 of 3
moce7- ,/
• Alp 11111 11111 11111IIII111111 III 11111 It IIII
3464970 03/28/2007 04:31P Weld County, CO
either party. 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2. COUNTY AGREES
a. To be the lead agency and have jurisdiction over the entire project upon execution of this
Agreement,allowing for full authority in contractual arrangements during the prosecution of
the PROJECT, if the COUNTY builds that portion of the PROJECT north of Station
278+00:
b. To be responsible for the construction and administration of the PROJECT,if the County
builds that portion of the PROJECT north of Station 278+00:
c. To credit the TOWN any cost savings resulting from the construction of a raised median
from SH 52 to Station 278+00.
d. To pay to the TOWN as required in paragraph 1, above, its share of improvements if the
TOWN builds any portion of the PROJECT south of Station 278+00.
3. TOWN AGREES:
a. To pay its share of the PROJECT cost ($909,112.00) to the COUNTY as required in
paragraph 1, above, if the County builds that portion of the PROJECT north of Station
278+00.
b. To pay all costs associated with construction of a raised median from SH 52 to north
termini.
4. 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.
5. 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 may 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.
6. 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.
Page 2 of 3
'
1111111 1 1111 11111 1111111 11111 1111 111111 I I 1111 1 1111 11 11
3464970 03/28/2007 04:31P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of
the day and year first hereinabove written.
ATTEST: TOWN O DERICK, COLORADO
F F
�::.
By: tl! By:
Nan tte Fornof, To Eric . Doering, Mayor
`� 4 , F f o BOARD OF COUNTY COMMISSIONERS
fWeld COUNTY Clerk to the - - WELD COUNTY, COLORADO
! , By: tl��\l' �` '\ ,
By:
Dep y Clerk to the Board David E. Long, Chair
03/0 /2007
APPROVE S TO FONMI CONTENT:
. Barker
Weld County Attorney
Page 3 of 3
Hello