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Home My WebLink About20062982.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF WELD COUNTY ROAD 9.5 AND THE TRANSFER OF PORTIONS OF THE 1-25 FRONTAGE ROAD AND AUTHORIZE CHAIR TO SIGN -COLORADO DEPARTMENT OF TRANSPORTATION, TOWN OF MEAD, AND TOWN OF FIRESTONE 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 the Construction of Weld County Road 9.5, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation,the Town of Mead, and the Town of Firestone,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deemed it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, pursuant to Section 43-2-106, C.R.S., after review, the Board deemed it advisable to accept the transfer of ownership for portions of the Interstate 25 Frontage Road, north of State Highway 119, from the Colorado Department of Transportation. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Intergovernmental Agreement for the Construction of Weld County Road 9.5, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation, the Town of Mead, and the Town of Firestone, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that the transfer of ownership for portions of the Interstate 25 Frontage Road, north of State Highway 119, from the Colorado Department of Transportation, be, and hereby is, accepted. 2006-2982 BC0036 P6, L3(,-..iO /i-/3-6'e INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF WELD COUNTY ROAD 9.5 AND THE TRANSFER OF PORTIONS OF THE 1-25 FRONTAGE ROAD - COLORADO DEPARTMENT OF TRANSPORTATION, TOWN OF MEAD, AND TOWN OF FIRESTONE PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 25th day of October, A.D., 2006. BOARD OF COUNTY COMMISSIONERS " E 1LLa WELD COUNTY, COLORADO ATTEST: Lel ; ;" .•'='s$. EXCUSED i =��I M. J. Geile, Chair Weld County Clerk to th :.d � + I ^ ' � � EXCUSED �. '`�� „��, David E. Long, Pro-Tern BY: Dep Clerk 'Y the Board / Fit--' �� Willi Jerke, Acting Chair Pro-Tern �C�P @GED AS b r Robert . Masd n Attorney IlD h Glenn Va Da te of signature: 2006-2982 BC0036 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch I^ OT 4201 East Arkansas Avenue,4'"Floor Denver,Colorado 80222 Telephone:(303)757-9736 Facsimile: (303)757-9868 F s ! vv--s November 16, 2006 Pad nei�/i;'d _ _ NOV 2 0 LCCS Mr. if f Weld County Public Works P.O. Box 758 WELD COUNTY PUBLIC WORKS DEPT Greeley, Colorado 80632-0578 RE: Transfer of the I-25 Frontage Road north of SH119, the transfer of CDOT funds and the construction of County Road 9% Enclosed please find one full executory copy of the above referenced contract between the Weld County, the Town of Mead,the Town of Firestone and the Colorado Department of Transportation. Also enclosed are five individual signature pages for Weld County. There will be five executed contracts (one for each Local Agency and two for CDOT). PLEASE MAKE SURE EACH DOCUMENT IS SIGNED BY THE APPROPRIATE INDIVIDUAL HAVING THE AUTHORITY TO EXECUTE SUCH AGREEMENTS ON BEHALF OF THE COUNTY. ADDITIONALLY,PLEASE HAVE THAT PERSON'S SIGNATURE ATTESTED BY AN INDIVIDUAL AUTHORIZED TO DO SO,AND HAVE THE COUNTY CLERK'S SEAL AFFIXED TO EACH DOCUMENT. (The purpose of the attestation is to certify that the individual signing the agreement has the authority to sign the agreement on behalf of Weld County.)Return the five original copies of the signature page to my attention keeping the full copy for your records. In addition,please attach a copy of the ordinance or resolution passed by the County's governing board approving the contract. Please be sure that the resolution contains the County's acceptance of the roadway. Per C.R.S. 43-2-106,as amended, the State Transportation Commission may abandon roadway and an acceptance of the roadway from the county is required to legalize the transfer. Please note that the contracting process has been tailored for this particular contract, as we are changing the signature process for the sake of speed to enable CDOT to move quickly toward the widening of I-25. I want to strongly emphasize that each entity will receive the same executory copy (enclosed) and that copy will be the version executed. Any derivation from that original must be approved by all parties. Please call me at(303) 757-9291 if you have any questions or if I can be of further assistance. Sincer y, Randy rkins�� Co acting Officer xx6le 6 A79 f'? 0 Kit MEMORANDUM TO: Clerk to the Board DATE: 10/23/2006 COLORADO FROM: Drew Scheltinga, P.E., Interim County Engineeb-.4 SUBJECT: Agenda Item Attached is an original four-party IGA between CDOT,Town of Mead,Town of Firestone,and Weld County. The IGA allows the transfer of funds from CDOT to Weld County for the construction of WCR 9.5 and transfers ownership of portions of the I-25 Frontage Road north of SH 119 to SH 66 from CDOT to Weld County and the Town of Firestone. Weld County and the Town of Mead will also have a separate IGA for the design and construction of WCR 9.5, north of WCR 28 to SH 66. This separate IGA is currently being developed will soon follow. Attached is one agreement with three signature pages. Please sign all three signature pages and return all three to the Public Works Department. See instructions on attached letter dated October 11, 2006, from Randy Perkins, CDOT. pc: Pat Persichino, Director of General Services Wayne Howard, Project Engineer 2006-2982 Project: C 0253-197 (15762) 07 HA4 00025 Region 4 (RP) CMS 06-168 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made this (7 day of Qjyt,O.,4/Lc1- , 2007, by and between the STATE OF COLORADO for the use And benefit of THE DEPARTMENT OF TRANSPORTATION, 4201 East Arkansas Avenue, Denver, Colorado, hereinafter referred to as the "State" or "CDOT", the COUNTY OF WELD, 1555 N. 17th Street, Greeley, Colorado, 80631, FEIN: 846000813, hereinafter referred to as "Weld County", "Local Agency" or "Contractor', and the TOWN OF MEAD, P.O. Box 626, Mead, Colorado 80542, FEIN: 846008552, hereinafter referred to as the "Town of Mead", "Local Agency" or "Contractor", and the TOWN OF FIRESTONE, P.O. Box 100, Firestone, Colorado 80520, FEIN: 840736777, hereinafter referred to as the "Town of Firestone", Local Agency" or "Contractor". Weld County, the Town of Mead and the Town of Firestone hereinafter shall be referred to collectively as the "Local Agencies" or "Contractors", and the "Local Agencies" or "Contractors" together with CDOT shall be referred to as the "Parties" RECITALS WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency cost in Fund Number 400, Appropriation Code 010, Organization Number9991, Program 2000, Function 1344, Object 5410 2N, Phase R, Reporting Category 4310, Contract Encumbrance Number 15762, (Contract Encumbrance Amount $3,700,000.00). WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and 1 WHEREAS, CDOT will widen Interstate 25 which will necessitate the elimination of a portion of the east frontage road; and WHEREAS, it is the intent of the Parties to transfer the remaining portion of the frontage road from M.P. 241.33 to the northern ROW line of SH119, as described and shown in Exhibit A-1 for the Town of Firestone and as described and shown in Exhibit A-2 for Weld County, from CDOT to the Town of Firestone and to Weld County; and WHEREAS, CDOT will transfer $3.7 million to Weld County and the Town of Mead for the purpose of constructing County Road 9% and reestablishing the access to the frontage road; and WHEREAS, Weld County and the Town of Mead shall work cooperatively to apportion the $3.7 million and have County Road 91/2 constructed and open to traffic prior to December 1, 2007; and WHEREAS, the parties are authorized to enter into this contract pursuant to the provisions of Sections 29-1-203, 43-2-106, 43-1-110, 43-1-114, and 43-2-144, C.R.S., as amended and pursuant to the attached resolutions shown in Exhibit C from Weld County, Exhibit D from the Town of Mead and Exhibit E from the Town of Firestone. NOW, THEREFORE, it is hereby agreed that: 1. This agreement establishes the general provisions for and defines certain responsibilities regarding the State's payment to Weld County and the Town of Mead for the construction of County Road 9'/. 2. This Agreement further sets the general provisions for and defines certain responsibilities concerning the abandonment by the State and acceptance by both Weld County and the Town of Firestone of the remaining portions of the frontage road from M.P. 241.33 to the northern ROW line of SH119. 2 I. COMMITMENTS ON THE PART OF THE STATE 1. The Transportation Commission shall pass a resolution abandoning the segment of the frontage road, described and shown in Exhibit A-1, to the Town of Firestone and abandoning the segment of the frontage road, described and shown in Exhibit A-2, to Weld County. Furthermore, CDOT will convey the abandoned frontage road described and shown in Exhibit A-1 to the Town of Firestone and convey the abandoned frontage road described and shown in Exhibit A-2 to Weld County, each by means of a quit claim deed. CDOT shall immediately communicate the passing of the abandonment resolution to the Local Agencies, which is anticipated that the resolution shall be passed by CDOT Transportation Commission no later than January ft, 2007. 2. Within 60 days from execution of this agreement CDOT shall pay $3.7 million to Weld County and the Town of Mead for purpose of constructing County Road 9'/2. 3. CDOT staff will assist Weld County in the right-of-way appraisal and acquisition related to the County Road 91/2 project. Weld County will reimburse CDOT for the cost of this work. 4. CDOT will make available, upon the written requests, all available as-builts, ROW plans, utility permits, access permits and any other available information requested for the abandoned portion of the roadway. II. COMMITMENTS ON THE PART OF WELD COUNTY 1. Weld County, by signing this agreement, has passed a resolution from its Board of County Commissioners accepting the abandoned portions of the Frontage Road located in Weld County, as described and shown in Exhibit A-2, within ninety (90) days after the notification of abandonment by the Transportation Commission. Upon acceptance, that portion of the abandoned Frontage Road located within Weld County will become part of Weld County's road system and the sole responsibility for both minor and major maintenance will be transferred from the 3 State to Weld County. These actions will take place pursuant to §43-2-106, Colorado Revised Statutes, as amended. 2. Weld County agrees to work with the Town of Mead to construct County Road 9'/, and the County further agrees to have the road open to traffic before December 1, 2007. 3. Weld County will coordinate the construction activities of County Road 9 '/ such that it will not cause delay to CDOT project IM 0253-164 (1-25 Widening). 4. All project development activities for the County Road 9'h project, including right-of- way and environmental clearances, shall be the responsibility of the Weld County. 5. The construction and phasing of the project shall be conducted to maintain access to existing houses and parcels. 6. Weld County shall follow the environmental mitigation actions summarized in Exhibit B (Table 2) of the "I-25/SH66 Frontage Road Environmental Assessment Re-evaluation", dated October 2005, herein incorporated by reference. This shall include possible construction scheduling restrictions for bald eagles, which shall be coordinated with CDOT to not cause delay to the widening of 1-25. The hazardous materials site investigations should be performed for the gravel mine and any LUST sites prior to the purchase of right-of-way. The Materials Management Plan should be prepared for any gas well properties. 7. Weld County shall accept the Weld County portion of the Frontage Road to be abandoned by the Transportation Commission within ninety (90) days from the date of that resolution. 4 III. COMMITMENTS ON THE PART OF THE TOWN OF MEAD 1. The Town of Mead agrees to work with Weld County to construct County Road 9'/2, and the Town of Mead further agrees to have the road open to traffic before December 1, 2007. 2. The Town of Mead further agrees to work with Weld County to coordinate the construction activities of County Road 91/2 such that it will not cause delay to CDOT project IM 0253-164 (1-25 Widening). 3. The Town of Mead shall follow the environmental mitigation actions summarized in Exhibit B (Table 2) of the "I-25/SH66 Frontage Road Environmental Assessment Re-evaluation", dated October 2005, herein incorporated by reference. IV. COMMITMENTS ON THE PART OF THE TOWN OF FIRESTONE The Town of Firestone, by signing this agreement, has passed an ordinance from its Board of Trustees accepting the abandoned portions of the Frontage Road located in the Town of Firestone, as shown in Exhibit A-1, within ninety (90) days after notification of the abandonment by the Transportation Commission. Upon acceptance by the Town of Firestone, that portion of the abandoned Frontage Road located within the Town of Firestone will become part of the Town's road system and the sole responsibility for both minor and major maintenance will be transferred from the State to the Town of Firestone. These actions will take place pursuant to §43-2-106, Colorado Revised Statutes, as amended. V. REPRESENTATIVES AND NOTICE The State will provide liaison with the Local Agencies through the State's Region Director, Region 4, 1420 2nd Street, Greeley, Colorado 80631. Said Region Director will also be responsible for coordinating the State's activities under this contract. All communications relating to the day-to-day activities for the work shall be exchanged 5 between representatives of the State's Transportation Region 4 and the Local Agencies. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: If to Weld County: Scott Ellis Wayne Howard, P.E. CDOT Region 4 Senior Engineer Resident Engineer Weld County Public Works 2207 E. HWY 402 POB 758 Loveland, Colorado 80537 Greeley, Colorado 80632-0758 (970)622-1267 970-356-4000, Extension 3788 If to the Town of Mead: If to the Town of Firestone: Michael Friesen Cheri Anderson Town Manager Town Administrator Town of Mead Town of Firestone P.O. Box 626 P.O. Box 100 Mead, CO 80542 Firestone, CO 80520 (970) 535-4477 (303)833-3291 VI. GENERAL PROVISIONS 1. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing. 2. Each party, to the extent authorized by law, shall be responsible for all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by such party or its employees, agents, subcontractors, or assignees pursuant to the terms of this agreement. 3. This contract is intended as the complete integration of all understandings between 6 the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written executed and approved pursuant to the State Fiscal Rules. 4. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns. 5. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. 6. It is expressly understood and agreed that Weld County, the Town of Mead or the Town of Firestone or their employees, contractors, consultants, or assigns shall not in any respect be deemed an agent of the State. 7. It is expressly understood and agreed that enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. Further, it is the express intention of the Parties that any person other than parties hereto that may receive services or benefits under this contract shall be deemed to be an incidental beneficiary only. 8. The Local Agencies each represent and warrant that they have taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of 7 said public entity, and to bind said public entity to its terms. 9. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this agreement. Any provision of this agreement whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this agreement to the extent that the agreement is capable of execution. 10. At all times during the performance of this agreement, the parties shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 11. Except for the agreements listed in the recitals and except as otherwise stated herein, this agreement is intended as the complete integration of all understandings between the parties. 8 SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 24-30-202(1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attorney fees and related costs,incurred as a result of any actor omission by Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts]No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other provisions,of the Colorado Governmental Immunity Act,CRS 24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization,express or implied,to bind the state to any agreement, liability or understanding,except as expressly set forth herein. Contractor shall provide and keep in force workers'compensation (and provide proof of such insurance when requested by the state)and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract,to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws,rules,and regulations that have been or may hereafter be established. 7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 2430.202(1)and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for:(a)unpaid child support debt or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in Article 21, Title 39,CRS; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State or its agencies,as a result of final agency determination or reduced to judgment,as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that,for the term of this contract and any extensions,Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or under this contract,including,without limitation,immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS-PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5- 101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (H) shall comply with the provisions of CRS 24-76.5-101 et seq., and (Hi) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract. Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006 9 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or"CDOT"), the COUNTY OF WELD, FEIN: 846000813 ("Weld County" or"Local Agency"), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or"Local Agency"), and the TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or"Local Agency"), collectively referred to as the "Parties." Project Number C 0253-197 Contract Number: 07 HA4 00025 CONTRACTOR: Weld County Legal Name of Contracting Entity 846000813 Federal ID Number Z 72—/,i Signature of William H. Jerke, Acting Chair Pro-Tern 10/25/2006 William H. Jerke, Acting Chair Pro-Tem ells CORPORATIONS: ` l,\ (Aporpora a ttest Lion is required.) ` dry' Attest (Seal) By 4�tL ,l i r ,l �r C 1,011 puty Cle to the ard) (Place,?p - -s- e�_is��ailableI Effective Date:August 1,2005 10 THE PARTIES HERETO HAVE EXECUTE]) THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or"COOT"), the COUNTY OF WELD, FEIN: 846000813 ("Weld County" or"Local Agency"), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or"Local Agency"), and the TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or"Local Agency"), collectively referred to as the "Parties." Project Number: C 0253-197 Contract Number 07 HA4 00025 CONTRACTOR: Town of Mead Legal Name of Contracting Entity 846008552 Federal ID Number Signature of Auth riz d Officer Richard W. Macomber, Mayor CORPORATIONS: (A corporate attestation is required.) / �� Attest (Seal) ByLtiti /CL � h /Candace Bridgewater,Town Clerk (Place corporate seal here,if available) Effective Date:August 1,2005 11 1wy a x� :1 . W THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or"CDOT"), the COUNTY OF WELD, FEIN: 846000813 ("Weld County" or"Local Agency"), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or"Local Agency"), and the TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or"Local Agency"), collectively referred to as the "Parties." Project Number: C 0253-197 Contract Number: 07 HA4 00025 CONTRACTOR: Town of Firestone Legal Name of Contracting Entity 840736777 Federal ID Numbe ig�re of Authorized Officer in !chat) 5amoAl) mayor Print Name &Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (Seal) By (Corporate retary or uivalent,or Tow /Ci /County Clerk) (Place corporate seal here,if available) ern..." ry�,e,/� Effective Date:August 1,2005 N �+1 4tt SEA 8$ tot citV Itcytywn 12 • \7Nll M• THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or"CDOT"), the COUNTY OF WELD, FEIN: 846000813 ("Weld County" or"Local Agency"), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or"Local Agency"), and the TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or"Local Agency"), collectively referred to as the "Parties." Project Number: C 0253-197 Contract Number: 07 HA4 00025 STATE OF COLORADO: BILL OWENS, GOVERNOR BO/21 6—' Executive Director Department of Transportation LEGAL REVIEW: JOHN W. SUTHERS ATTORNEY GENERAL Byt1 IV. ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts.This contract is not valid until the State Controller,or such assistant as he may delegate, has signed it.The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE TROLLER: LE M HENEFE Y ' Date I 7 Effective Date:August 1,2005 13 Exhibit A-1 Legal Description and Map For the portion of the Frontage Road Within the Town of Firestone EXHIBIT "A" PROJECT NUMBER: IN 0252-164 PARCEL NUMBER: 1 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 1 of 6) LEGAL DESCRIPTION A tract or parcel of land No. 1 of the Department of Transportation, State of Colorado, Project No. IM0252-164 containing 311265 square feet (7.146 Acres), more or less, in Section 2, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Beginning at the Southwest corner of said Section 2; Thence N 79°35.44' E, a distance of 1119.60 feet to a point on the Existing Westerly right-of-way line of said frontage road (August 2006); said point being the True point of Beginning: 1. Thence along said Westerly right-way line the following three (3) Courses: (1) N l°01.08'E a distance of 130.08: (2) Along a curve to the left, whose radius is 756.18', whose long chord bears N 26°27'49' W - 521.85', an arc distance of 532.80 feet; (3) N 46°38'0456' W, a distance of 559.73 feet; 2. Thence departing said Westerly right-of-way line, N 43°19.05' E, a distance of 37.00 feet; 3. Thence N 46°40'55' W, a distance of 36.37 feet: 4. Thence along a curve to the right, whose radius is 1209.35', whose long chord bears N 26°07.42' W - 705.53', an arc distance of 715.94 feet; 5. Thence N 5°01'34' W, a distance of 732.40 feet; 6. Thence along a curve to the right, whose radius is 9608.67', whose long chord bears N 4°30.34' W - 39.95', an arc distance of 39.95 feet, to a point on the South right-of-way line of Weld County Road 24.5 extended; 7. Thence S 89°57'43' E along said South line, a distance of 158.94 feet to a point on the easterly right-of-way line of said frontage road; 8. Thence along said Easterly right-of-way line of said frontage road the following eight (8) courses; (1) S 39°57'03' W, a distance of 85.22 feet; (2) S 4°59'42' E, a distance of 697.97 feet; (3) Along a curve to the left, whose radius is 882.75', whose long chord bears S 25°49'19' E - 627.72', an arc distance of 627.72 feet; (4) S 46°38'56' E, a distance of 239.81 feet; (5) S 40°56.18' E, a distance of 65.94 feet; (6) S 46°38'56' E, a distance of 299.56 feet; CWROJECr5I 2'PARCELI REVISED IOIOmW6.DOC EXHIBIT "A" PROJECT NOJBER: IX 0252-164 PARCEL NUMBER: 1 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 2 of 6 ) (7) Along a curve to the right, whose radius is 884.13', whose long chord bears S 23°24'34' E - 697.71', an arc distance of 717.21 feet; (8) S 0°10'12' E, a distance of 40.71 feet; 10. Thence S 86°03'49' W, a distance of 135.24 feet to the point of beginning. Said described parcel of land containing 306,473 Square Feet (7.036 Acres), more or less. Basis of Bearings: All bearings are based on a line connecting the SW corner of Section 2 (Position controlled by a witness corner being a 2.5' Alum. Cap 37 feet South of the corner, PLS 7239), T. 2 N., E. 68 W. 6th P.M. and the W1/4 corner of said Section 2 (COOT type 2A monument in range box, PLS 18482), as bearing N.O° 08' 11' E. This description is based upon available documents, maps and drawings and is not the result of a field survey. For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS *16412 1420 2nd. St. Greeley, CO. 80631 DGM,Region 4,Checked By: C PROJECIaIJ]6NARCELI REVISED Ia1a2666.DOC EXHIBIT "A" PROJECT HUMBER: at 0252-164 PARCEL BOMBER: 2 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 3 of 6) 9 WELD COUNTY ROAD 24.5 Wl/4 CORNER SECTION 2, 10 T2N,R68W, 6TH P.M. II 7 12 INTERSTATE EXISTING EASTERLY ROW 2 6 LINE OF FRONTAGE ROAD '7 5 13 14 BASIS OF 15 BEARINGS 20 3 2 6 SW CORNER 19 1 7 SECTION 2, 18 T2N,R68W, T.P.O.B. 6TH P.M. , WELD COUNTY ROAD 24 REVISED 10-10-2006 Tide: Date: 10-10-2006 Scale: I inch=400 feet File: 001=N1.0108E 130.08 001 It,R-O o7"'39.95 an Lt 11-156.13.wovx,B By—w.w,w.ci t39.9 u.s �� x-r,3856E 299.56 11,4-1•12•270W.111-5211511,4-1•12•270W.111-52115009=S89.5743E 158.94 R,.�y ,5 3 3,3� 003=N46.3856W 559.73 010=S39.5703W 85.22 017=S0.1012E 40.71 004=N43.1905E 37 011=S4.5942E 697.97 018=S86.0349W 135.24 005=N46.4055W 36.27 Biz Rwzn,S.-ai m oat R-a,N M-3 5.w uehtan3 019=579.3544W 1119.60 arr�dsBiaw.feams3 01}- ,3856E 239.81 020=N0.0801E 2668.50 007=N5.0134W 732.40 014=S40.56I8E 65.94 Exhibit A-2 Legal Description and Map For the portion of the Frontage Road Within Weld County EXHIBIT "A" PROJECT HUMBER: IH 0252-164 PARCEL HUMBER: 2 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 4 of 6) =GAL inummorxoei A tract or parcel of land No. 1 of the Department of Transportation, State of Colorado, Project No. IM 0252-164 containing 418280 square feet (9.602 Acres), more or less, in Section 2, Township 2 North, Range 68 West and Section 35, Township 3 North, Range 68 West of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows: Beginning at the Southwest corner of said Section 2; Thence N 1°50.40' E, a distance of 2639.71 feet to a point on the Northerly line of the Southwest % of said Section 2, said point being the True point of Beginning: 1. Thence along a curve to the right, whose radius is 9608.67', whose long chord bears N 3°09'17• W - 414.33, an arc distance of 414.36 feet; 2. Thence N 1°46'14' W, a distance of 593.37 feet; 3. Thence along a curve to the right, whose radius is 9154.12', whose long chord bears N 0°23'19' E - 604.86', an arc distance of 604.98 feet; 4. Thence along a curve to the left, whose radius is 13722.41', whose long chord bears N 1°05.36' E - 854.45', an arc distance of 854.60 feet; 5. Thence N 0°10'20' W, a distance of 591.56 feet; 6. Thence N 2°28'15' E, a distance of 914.41 feet to a point on the Easterly right-of-way line of said frontage road; 7. Thence along said Easterly right-of-way line the following three (3) courses; (1) S 6°14'08' E, a distance of 601.98 feet; (2) Along a curve to the right, whose radius is 3379.26', whose long chord bears S 3°07.42' E - 366.34', an arc distance of 366.52 feet; (3) S 0°01'16' E, a distance of 185.96 feet; 8. Thence S 0°01.16' E, a distance of 360.57 feet to a point on the Easterly right-of-way line of said frontage road; 9. Thence along said Easterly right-=of-way line the following eight (8) courses; (1) S 0°01.16' E, a distance of 241.51 feet; (2) Along a curve to the right, whose radius is 9940.93', whose long chord bears S 1°43'34' W - 606.24', an arc distance of 606.33 feet; (3) S 3°28.25' W, a distance of 23.48 feet; (4) Along a curve to the left, whose radius is 9744.08', whose long chord bears S 1°52'54' W - 541.35', an arc distance of 541.42 feet; (5) S 0°01'20' E, a distance of 246.52 feet; C PROJECMIJ16APARCELi REVISED IOIO-flDOC EXHIBIT "A" PROJECT NUMBER: IM 0252-164 PARCEL ERs 2 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 5 of 6) (6) Along a curve to the left, whose radius is 2766.36', whose long chord bears S 2°30'35' E - 239.90', an arc distance of 239.98 feet; (7) S 4°59.42' E, a distance of 438.53 feet; (8) S 34°34'58' E. a distance of 79.43 feet to a point on the Northerly right-of-way line of Weld County Road 24.5; 10. Thence S 0°02'17' W, a distance of 30.00 feet to a point on the North line of said Southwest One-Quarter of said Section 2; 11. Thence S 0°02.17' W, a distance of 30.00 feet to a point on the Southerly right-of-way line of Weld County Road 24.5; 11. Thence N 89°57.43' W, and along said Southerly line and said line extended, a distance of 158.94 feet to the Point of Beginning. Said described parcel of land containing 423,095 Square Feet (9.713 Acres), more or less. Basis of Bearings: All bearings ere based on a line connecting the SW corner of Section 2 (Position controlled by a witness corner being a 2.5' Alum. Cap 37 feet South of the corner, PLS 7239), T. 2 N., R. 68 W. 6th P.M. and the W1/4 corner of said Section 2 (CDOT type 2A monument in range box, PLS 18482). as bearing N.0° 08' 11' E. This description is based upon available documents, maps and drawings and is not the result of a field survey. For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS M16412 1420 2nd. St. Greeley, CO. 80631 DGM,Region 4,Checked By: CWROOECTAI576NARCEI3 REvmED I0 la2W6.D0C EXHIBIT "A" PROJECT NUJBER: IN 0252-164 PARCEL NUMBER: 2 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 6 of 6) A 7 6 SCALE 1"=600' 002=111.4614w 593.37 5 00.1:4,,15AI;M .96 4 '1.053.e.110;14 6m 005=110.1020W 591.56 00fr n2.2815e 914.41 007�6.I408e 601.98 2 Of RI.0.-5.55944-54.52 Bur6.31 009 s0.L.Cl►Y85 009�0.0116e 185.96 010=50.0116e 360.57 011,4.0116e 241.51 13 OIi:Rt R-99495.4-606.35 Rp-11A556v.(N4l.N 013s3.2825w 23.48 STING EASTERLY ROW OH:4RHfN.d.1.-H142 B.r.1s.01202 91.55 4 LINE OF FRONTAGE ROAD OW Li.R 0120e 246.52 0594 O31cC 4-259# 0I7's45R z».4 017�4.s9azea3s.s3 3 01834.3458e 79.43 019-80.0217w 30 5 020= .0217w 30 021=689.5743w 158.94 022s1.5040w 2639.71 6 023--10.0801 a 2668.50 2 17 T.P.O.B. 1 18 9 W 1/4 CORNER WELD COUNTY ROAD 24.5 SECTION 2, 20 T2N,R68W, 21 6TH P.M. BASIS OF BEARINGS Z j INTERSTATE 25 _ 22 Y✓) 23 SW CORNER SECTION 2, T2N,R68W, 6TH P.M. WELD COUNTY ROAD 24 REVISED 10-10-2006 Exhibit B I-25/SH 66 Frontage Road Environmental Assessment Reevaluation Table 2 Mitigation Actions for Reevaluation Area Mitigation Actions for Reevaluation Area Resource Environmental Assessment Weld County Road 91/2 Alternative Alternative Land Use and Economic Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Impacts Right-of-way, Displacements and Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Relocations Utilities Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Prime Farmland Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Total Cost Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Archaeological Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Paleontological Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Historical Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Park Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Visual/Aesthetic Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Air Quality Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Noise Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Ecology Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Threatened and Possible construction scheduling Possible construction scheduling Endangered Species restrictions for bald eagles. restrictions for bald eagles. Wetlands Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Floodplains/Drainage Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Water Quality Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Geology/Soils Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Site investigations should be Site investigations should be considered for the gravel mine and Hazardous Materials considered for any LUST sites prior any LUST sites prior to purchase to purchase of right-of-way. of right-of-way. Materials management plan should be prepared for gas well property. Environmental Justice None. None. Bicycle and Pedestrian None. None. Must be phased to maintain Construction and Phasing Unchanged from EA and FONSI. access to existing houses and parcels. Frontage Road Services None. None. Exhibit C Resolution From Weld County RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF WELD COUNTY ROAD 9.5 AND THE TRANSFER OF PORTIONS OF THE 1-25 FRONTAGE ROAD AND AUTHORIZE CHAIR TO SIGN -COLORADO DEPARTMENT OF TRANSPORTATION, TOWN OF MEAD, AND TOWN OF FIRESTONE 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 the Construction of Weld County Road 9.5, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation,the Town of Mead,and the Town of Firestone,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deemed it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, pursuant to Section 43-2-106, C.R.S., after review, the Board deemed it advisable to accept the transfer of ownership for portions of the Interstate 25 Frontage Road,north of State Highway 119, from the Colorado Department of Transportation. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Intergovemmental Agreementforthe Construction of Weld County Road 9.5, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation, the Town of Mead, and the Town of Firestone, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that the transfer of ownership for portions of the Interstate 25 Frontage Road, north of State Highway 119, from the Colorado Department of Transportation, be, and hereby is, accepted. 2006-2982 BC0036 INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF WELD COUNTY ROAD 9.5 AND THE TRANSFER OF PORTIONS OF THE 1-25 FRONTAGE ROAD - COLORADO DEPARTMENT OF TRANSPORTATION, TOWN OF MEAD, AND TOWN OF FIRESTONE PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 25th day of October, A.D., 2006. BOARD OF COUNTY COMMISSIONERS E LLa WELD COUNTY, COLORADO ATTEST: Ley '! ;..' .•?- �` EXCUSED 41-O M. J. Geile, Chair Weld County Clerk to th e d L-P N. EXCUSED BY: � Mi C / - •",%A� David E. Long, Pro-Tern Dep Clerk Ythe Board `1..‘ y k/rb �� Willi Jerke, Acting Chair Pro-Tem -A ED AS kfQ. Robert . Masd n Attomey to Glenn Va Date of signature: /�� 2006-2982 BC0036 • Exhibit D Resolution From Town of Mead TOWN OF MEAD,COLORADO RESOLUTION NO. 41-R-2006 A RESOLUTION OF THE TOWN OF MEAD, COLORADO,AUTHORIZING THE PARTICIPATION IN AN INTERGOVERNMENTAL AGREEMENT AMONG THE STATE OF COLORADO,WELD COUNTY,AND THE TOWNS OF MEAD AND FIRESTONE REGARDING THE ELIMINATION OF A PORTION OF THE I-25 FRONTAGE ROAD BETWEEN SH 119 AND SH 66, AND THE CONSTRUCTION OF WELD COUNTY ROAD 9'/:AS ITS REPLACEMENT. WHEREAS, it is proposed that CDOT will widen Interstate 25 between SH 119 and SH 66, which will necessitate the elimination of a portion of the east frontage road;and WHEREAS,it is the intent of the Parties to transfer the remaining portion of the frontage road from M.P. 241.33 to the northern right-of-way line of SH 119 from CDOT to Weld County and the Town of Firestone;and WHEREAS,CDOT will transfer$3.7 million to Weld County and the Town of Mead for the purpose of constructing Weld County Road 9 'A,and reestablishing the access to the frontage road;and WHEREAS, it is the intent of the Town of Mead to participate with the State of Colorado,Weld County,and the Town of Firestone in the elimination of a portion of the 1-25 Frontage Road and the construction of Weld County Road 9 'A as its replacement,through an intergovernmental agreement to be signed by the Parties. NOW THEREFORE,BE IT RESOLVED by the Board of Trustees of the Town of Mead, Weld County,Colorado,that: Section 1. The intergovernmental agreement among the State of Colorado,Weld County, and the Towns of Firestone and Mead for the elimination of a portion of the 1-25 Frontage Road and the construction of Weld County Road 9 'A as its replacement,and the acceptance of$3.7 million allocated by CDOT for the construction of Weld County Road 9 %S is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized and directed to affix their signatures and seal to the intergovernmental agreement among the State of Colorado,Weld County,and the Towns of Firestone and Mead approved above. Section 3. Effective Date. This resolution shall become effective immediately upon adoption. Section 4. Repealer.All resolutions, or parts thereof in conflict with this resolution are hereby repealed,provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby. Section 5. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular RewMdknMppwing1.15CDOliGA2.wpd arse(ra44am) Page 1 of 2 business hours. INTRODUCED,READ,PASSED,AND ADOPTED THIS 28th DAY OF August , 2006. ATTEST: TOWN O MEAD `� Bygia,4,_ By / / Candace Bridgwater,Town Clerk Ri d W. Macomber,Mayor ResdutionAppvdrQF2ScDODGAZwpd 8/2303(10:44 am) Page 2 of 2 Exhibit E Resolution From Town of Firestone RESOLUTION NO. D 6,-1.-1 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF COLORADO, COUNTY OF WELD, TOWN OF MEAD AND THE TOWN OF FIRESTONE REGARDING THE ELIMINATION OF A PORTION OF THE I-25 FRONTAGE ROAD BETWEEN SH 119 AND SH 66. WHEREAS, the State of Colorado, for the use and the benefit of the Department of Transportation (CDOT) has proposed to widen Interstate 25 between SH 119 and SH 66, which will necessitate the elimination of a portion of the east frontage road;and WHEREAS, it is the intent of CDOT, Weld County, Town of Mead and the Town of Firestone for CDOT to transfer the remaining portion of the frontage road from M.P. 241.33 to the northern right-of-way line to Weld County and the Town of Firestone;and WHEREAS, CDOT will transfer $3.7 million to Weld County and the Town of Mead for the purpose of constructing Weld County Road 9 V2, and reestablishing the access to the frontage road; and WHEREAS, it is the intent of the Town of Firestone to participate with CDOT, Weld County and the Town of Mead in the elimination of a portion of the I-25 Frontage Road, as more fully described in the Intergovernmental Agreement; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interests of the Town and its citizens. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO: Section 1. The proposed Intergovernmental Agreement between the State of Colorado for the use and benefit of the Department of Transportation, the County of Weld, the Town of Mead and the Town of Firestone to eliminate a portion of the I-25 Frontage Road between SH 119 and SH 66 is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement on behalf of the Town, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. S INTRODUCED, READ,and ADOPTED this 07b day of 0 40 he , 2006. TOWN OF FIRESTONE, COLORADO /14 Michael P. Simone Al I EST: Mayor Hegw d / i T °ti, ++j own Clerk v ti 1, S L 10/13 20 0 6 4:15 PM[dN7S1Firerveeore V d. Resolution IGA 1-25 Frontage Rodoc S / % 0/%9 �$,y foe WTtl &d - 4 ORDINANCE NO. (c)22— AN ORDINANCE ACCEPTING CERTAIN RIGHT-OF-WAY QUIT CLAIMED TO THE TOWN AND ABANDONED BY COLORADO DEPARTMENT OF TRANSPORTATION AS A TOWN STREET. WHEREAS, the Colorado Department of Transportation has quit claimed certain property to the Town of Firestone,which property is described in Exhibit A (the"Property"); and WHEREAS, the Transportation Commission of the State has adopted a resolution abandoning the Property; and WHEREAS, the Town desires to accept the Property as a Town street, pursuant to C.R.S. Section 43-2-106. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO: Section 1 The Board of Trustees hereby arrepts the Property as a town street. Section 7 If any section,paragraph, sentence, clause,or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 1 All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4 The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 1 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2 day of O c 40 ¢K , 2006. tONE 1,, TOWN OF F O COLORADO t gAel 1St 44-0 �O ayor P. Simone •14 NZ: Mayor Judy H ood Town erk 10/23/M06 4.13 PM[did)s:FeaoneWN'emaU-25 Frontage Rod Acocpuatdoc 2 MEMORANDUM TO: Sharon Kahl, Clerk to the Board DATE: January 22, 2007 C. COLORADO FROM: Francie Collins SUBJECT: Item for Recording; Document#2006-2982 Attached is the executed original Intergovernmental Agreement with CDOT,Weld County,Town of Mead, and the Town of Firestone for improvements to WCR 9.5 and SH 119. pc: Wayne Howard, Senior Engineer M:\FrancieWgenda Item for Recording.doc STATE OF COLORADO COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch Agreements Office 4201 East Arkansas Avenue Denver,Colorado 80222 IoM . (303)757-9291 January 19, 2007 I,�- I JAN 2 2 2007 " .� Wayne Howard r '„!_ r 'T?;:S 0rPT Senior Engineer Weld County Public Works P.O. Box 758 Greeley, Colorado 80632-0758 Dear Mr. Howard, Attached is a fully-executed original copy of the four-party contract for the project at SH119 and 1-25. The contract was executed on January 17, 2007. If you have any questions about the contract then please give me a call at (303) 757-9291, otherwise, please contact Steve Olsen (CDOT Project Manager) with any project related questions. Thank you for your cooperation in getting this contract executed. Sinc , RAND PE Co acting Officer Hello