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Home My WebLink About20050301.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN ADAMS COUNTY AND WELD COUNTY FOR IMPROVEMENTS TO COLORADO BOULEVARD AT EAST 168TH AVENUE AND AUTHORIZE CHAIR TO SIGN 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 between Adams County and Weld County for Improvements to Colorado Boulevard at East 168th Avenue 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, 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 between Adams County and Weld County for Improvements to Colorado Boulevard at East 168th Avenue 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 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 24th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS /�� /(/u WELD COUNTY, COLORADO flff' �" ( William H. J ke Chair erhe BoardM. J. ile, Pro-Tem Deputy Clerk t the oard c4 / v\ David E. Long APPROV S TO FOR EXCUSED Robe D. Masden my Attorney 1A � Glenn Vaad Date of signature: ace- 2005-0301 EG0052 L PLO, FL, 4-PPe tka.- I v-oC— t‘::"(flt \ MEMORANDUM CTO: Clerk to the Board DATE: January 14, 2005 • COLORADO FROM: Frank B. Hempen, Jr., , �> Director of Public Works/County Engineer f' [e SUBJECT: Intergovernmental Agreement(IGA) with Adams County For Improvements to Colorado Boulevard at East 168th Avenue Enclosed are two original Intergovernmental Agreements between Weld County and Adams County. The IGA is part of the WCR 13 from WCR 2 to WCR 8 Project. It is necessary to reconstruct several hundred feet at the intersection of WCR 13 south of WCR 2 within Adams County. This will also require additional ROW. The IGA defines the cost of this portion of the project in which Adams County has agreed to reimburse Weld County for the Engineering, ROW, and Construction. Upon Board approval, please send one original agreement to Public Works. The appropriate documentation is attached. Enclosures pc: Wayne Howard Adams County file M M:\Francie'Agenda-2.doc • 2005-0301 274 INTERGOVERNMENTAL AGREEMENT BETWEEN ADAMS COUNTY AND WELD COUNTY FOR IMPROVEMENTS TO COLORADO BOULEVARD AT EAST 168TH AVENUE THIS INTERGOVERNMENTAL AGREEMENT is made and entered into thisday of t- ar..v.a r , 2009't 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 4`s 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, Weld County is currently in the process of planning for improvements to be made to Weld County Road (WCR) 13, from WCR 2 north to WCR 8, and WHEREAS, WCR 13 connects with Colorado Boulevard as it proceeds south from the Adams-Weld County Line (WCR 2) through Adams County, and WHEREAS, said improvements include the items described on the attached Exhibit "A," and WHEREAS, Adams County desires to have the same improvements made to a segment of Colorado Boulevard extending south from WCR 2 approximately 650 feet; those specific improvements and estimated costs being listed in Exhibit A, and WHEREAS, Weld County has agreed to have its staff acquire the additional right-of-way necessary to complete such improvements, estimated to cost $33,000.00, with such amount to be reimbursed by Adams County, and with those entities accepting conveyance of such right-of-way as appropriate, upon completion of the project, and WHEREAS, Adams County and Weld County now desire to enter into an Agreement for said improvements to Colorado Boulevard, upon the promise that Adams County shall collectively pay the sums of $33,000.00 and $77,000.00 (for the road improvements) to Weld County upon completion of the work, and WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)0), and Page 1 of 4 Pages MUM 11111 111111 I'll 111111 III 1111 IIII 1'11 3259274 02/07/2005 12:56P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 e l r 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 Colorado Boulevard described herein are completed and the sums of$33,000.00 for right-of-way acquisition and $77,000.00 for the road improvements are paid to and received by Weld County. 2. IMPROVEMENTS TO COLORADO BOULEVARD: As part of its project to improve WCR 13, from WCR 2 north to WCR 8, Weld County shall also contract for the improvements detailed in Exhibit A to be performed on Colorado Boulevard, south of WCR 2 for approximately 650 feet. Weld County, through its contractor, shall be responsible for all project work, including the administration, engineering, design, construction, inspection, and materials testing thereof for the improvements. Weld County intends to complete said improvements by March 2006, with such completion date depending upon currently unknown factors such as weather, availability of materials, and the need for completion of other planned and/or emergency projects. Prior to commencing such work, Weld County shall have its staff negotiate with adjacent landowners to acquire necessary additional right-of-way for the project. It is estimated that the cost of such right-of-way acquisition will be $33,000.00. Upon completion of such acquisition and the roadway improvements, Adams County shall accept the conveyance of the additional right-of-way, as appropriate, and shall pay Weld County for the costs of such acquisition, up to $33,000.00. If in the course of such negotiations, it is deemed necessary by the parties that condemnation proceedings are necessary, the appropriate jurisdiction with authority shall commence such proceedings. 3. PAYMENT OF COSTS OF IMPROVEMENTS: The cost of the improvements detailed in Exhibit A to be performed on Colorado Boulevard, south of WCR 2 for approximately 650 feet, shall be paid for initially by Weld County. Adams County shall pay to Weld County the total cost of said improvements, said total estimated to be $77,000.00. Upon completion of the work, Weld County shall notify Adams County of the final total cost of the improvement work and then Adams County shall make payment within thirty (30) days of receiving such notification. Page 2 of 4 Pages AIM 1111111111111111111111 111111111111 11111 IIII IIII 3259274 02/07/2005 12:56P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4. 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. 5. 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. 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 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. 7. MODIFICATION AND BREACH: This Intergovernmental Agreement contains 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. Page 3 of 4 Pages 111111111111 Mil 1111111111111111IIN III IIIII 3259274 02107/2005 12:56P Weld County, CO 3 or 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 8. 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., Engineering Manager 12200 Pecos St., 3rd Floor Westminster, CO 80234 Weld County: Wayne Howard, P.E., Project Manager P.O. Box 758, 1111 "H" St. APPROVED AS 10 FORM Greeley, CO 80632 COUNTY ATTORNEY(io") IN WITNESS WHEREOF, the parties hereto have signed this Intergovernmental Agreement this,pF day of�„v N , 200$ ATTEST: COUNTY OF ADAMS, STATE OF COLORADO, by and through the Board of 4 County Commissioners of Adams County pa7dedee---- *� Elaine T. Valente, Chairman/5. 53 EL LietteetA COUNTY OF WELD, STATE OF (1861 o: tip �• County Clerk to the Board COLORADO, by and through the Board of County Commissioners of Weld County ( OP. �l A zJ A 7.� By: Deputy Clerk to he Board William H. Jerke, Chair JAN 2 4 2005 Page 4 of 4 Pages 1111 1111111111111111 111111111111 111111111 I I I I 3269274 02/07/2005 12:56P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder �oa5=asr/ C JeHN EXHIBIT A \ prepared: 11/24/04 I' \ ENGIN(ERINGJE ��, KODAK COURT IPEOERICX,0260504 Pn(60]I 0760207 EN.A03)U)6 560T WELD COUNTY ROAD 13 Engineer's Opinion of Probable Costs -Adam County's Section Job No.1528-203-070.04 ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL NO. QTY. COST COST 202 Removal of Asphalt Mat 2275 SY $3.00 $6,825.00 203 Unclassified Excavation(CIP) 445 CY $4.50 $2,002.50 203 Embankment(CIP) 1035 CY $4.50 $4,657.50 208 Erosion Control 1 LS $959.02 $959.02 304 Aggregate Base Course-Class 6 1650 TON $15.00 $24,750.00 403 Rot Bituminous Pavement 675 TON $38.00 $25,650.00 411 Emulsified Asphalt 150 GAL $0.75 $112.50 630 Traffic Control 1 L.S. $2,000.00 $2,000.00 Subtotal $66,956.52 CONTIGENCY @ 15% $10,043.48 afilrada Total of Road Constructionnuoculowsig N/A ROW&Acquisition 0.25 L.S. $33,000 $33 000.00 " 1 Total of ROW: u4r r z GRAND TOTAL; "A YxT „g 111111111111 IIIII 111111 IIIII!1E1 11111JIIIWII1!J IIII lit3259274 02/ /200512:5P 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk:Recorder 12/15/2004 5'.52 PM EAICXA As 1 of 1 STATE OF COLORADO COUNTY OF ADAMS At a regular meeting of the Board of County Commissioners for Adams County, Colorado, held at the Administration Building in Brighton, Colorado on the 3r°day of January,2005 there were present: Elaine T.Valente Chairman Larry W.Pace Commissioner Ted L.Strickland Commissioner Hal B.Warren Deputy County Attorney Kristen Hood,Deputy Clerk of the Board when the following proceedings,among others were held and done,to-wit: RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN ADAMS COUNTY AND WELD COUNTY FOR IMPROVEMENTS TO COLORADO BOULEVARD AT EAST 168TH AVENUE WHEREAS, Weld County is currently in the process of planning for improvements to be made to Weld County Road (WCR) 13, from WCR 2 north to WCR 8; and, WHEREAS, WCR 13 connects with Colorado Boulevard as it proceeds south from the Adams-Weld County Line (WCR 2) through Adams County; and, WHEREAS, said improvements include the items described on the attached Exhibit "A"; and, WHEREAS, Adams County desires to have the same improvements made to a segment of Colorado Boulevard extending south from WCR 2 approximately 650 feet and those specific improvements and estimated costs are also listed in Exhibit"A"; and, WHEREAS, Weld County has agreed to acquire the additional right-of-way necessary to complete such improvements, estimated to cost $33,000.00, with such amount to be reimbursed by Adams County and with those entities accepting conveyance of such right- of-way as appropriate, upon completion of the project; and, WHEREAS, Adams County and Weld County now desire to enter into an Agreement for said improvements to Colorado Boulevard, upon the promise that Adams County shall collectively pay the sums of$33,000.00 and $77,000.00 (for the road improvements) to Weld County upon completion of the work; and, WHEREAS, such Agreement is authorized by C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)(1); and, WHEREAS, the two parties have estimated the total cost of the project and each Party is prepared to provide their appropriate share of the project funds in the amounts described in the Agreement, attached hereto, and authority exists under the law and funds have been budgeted, appropriated and otherwise made available for the project subject to annual appropriation by each party's respective Boards. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, County of Adams, State of Colorado, that the Intergovernmental Agreement Between Adams County and Weld County for Improvements to Colorado Boulevard at East 168th Avenue, a copy of which is attached hereto and incorporated herein by this reference, be and hereby is accepted and approved. BE IT FURTHER RESOLVED that the Chairman is authorized to execute the Intergovernmental Agreement on behalf of Adams County. BE IT FURTHER RESOLVED, that Adams County shall forward the total sum of $110,000.00 to Weld County. Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: Valente Aye Pace Aye Strickland Aye Commissioners STATE OF COLORADO County of Adams I, Carol Snyder , County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County,now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton,Colorado this 3ni day of January,A.D.2005. County Clerk and ex-officio Clerk of the Board of County Commissioners Carol Snyder: By: �99 �% rT SEAL Deputy Lee Asay �w- Public Works Department DIRECTOR Tit 12200 Pecos Street • Westminster,CO 80234 ADAMS COUNTY PHONE 303.453.8777 FAX 303.453.8775 COLORADO www.co.adams.co.us January 10, 2005 D I! CEO V 2 RE: Colorado Boulevard at 168th Avenue JAN 1 3 20Q5 LS Wayne Howard, P.E. WELD COUNTY PUBLIC WORKS DE Sr. Engineer P.O. Box 758 Greeley, CO 80632 Dear Mr. Howard, Attached you will find two original copies of the Intergovernmental Agreement along with the Adams County Board of Commissioners' resolution. Please send me one original agreement once it is executed by Weld County. Should you have any questions,please call me at 303-453-8770. Sincerer 1,2 Besharah Najjar, P.E. Engineering Manager BOARD OF COUNTY COMMISSIONERS Elaine T.Valente Ted Strickland Larry W. Pace DISTRICT 1 DISTRICT 2 DISTRICT 3 \ ^ Hello