HomeMy WebLinkAbout20040910.tiff RESOLUTION
RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR
IMPROVEMENTS TO WCR 15 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS -TOWN OF JOHNSTOWN
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 Amendment to the Intergovernmental
Agreement for Improvements to Weld County Road 15 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 Johnstown,with terms and conditions being as stated
in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,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 Amendment to the Intergovernmental Agreement for Improvements to
Weld County Road 15 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 Johnstown be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
`�` ��� W D (COUNTY, COLORADO
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Weld County Clerk to t B 412
Robert D. Masden, Chair
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r William H. rke, Pro-Tem
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Deputy Clerk to the Boar 7Y`
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M. J. ile
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Date of signature:
2004-0910
EG0050
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258
AMENDMENT TO INTERGOVERMENTAL AGREEMENT
FOR THE BASE UPGRADE AND PAVING OF WELD COUNTY ROAD 15
THIS S1ENDMENT TO INTERGOVERMENTAL AGREEMENT is made and entered
into this id lit day of . , 2004, by and between THE TOWN OF
JOHNSTOWN, a municipal corporation the State of Colorado, hereinafter referred to as
"Town," with offices located at 101 Charlotte Street, P. O. Box 609, Johnstown, Colorado
80534, and THE COUNTY OF WELD, STATE OF COLORADO, by and through the Board
of County Commissioners of Weld County, Colorado, hereinafter referred to as "County," with
offices located at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
r
WHEREAS, County and Town entered into an agreement dated February 5, 2008,
entitled "Intergovernmental Agreement for the Base Upgrade and Paving of Weld County Road
15"(hereinafter"Intergovernmental Agreement"); and
WHEREAS, pursuant to said Intergovernmental Agreement, County agreed to perform
and pay for the base upgrade and paving of WCR 15, from Town's jurisdictional boundary north
to the intersection of WCR's 15 and 50, upon the promise from Town that it accept by deed the
transfer of ownership of said stretch of WCR 15 and to thereafter assume the responsibility of
performing all necessary maintenance on said roadway; and
WHEREAS, the parties then agreed to amend said Intergovernmental Agreement to
expand the width of the improvement, to detail cost sharing, and to modify the date of
completion of the improvement work.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend paragraph 2 of their Intergovernmental Agreement for
the Base Upgrade and Paving of Weld County Road 15 as follows:
2. BASE UPGRADE AND PAVING OF WCR 15, FROM TOWN'S
BOUNDARY NORTH TO WCR 50:
County has upgraded the base and paving of WCR 15 from the
Town's boundary north to its intersection with WCR 50. County
provided all project work, including the administration,
engineering, design, construction, inspection, and materials testing
thereof. The width of the improved roadway, for the entire length
from Town's boundary north to its intersection with WCR 50 is 38
feet with two 12-foot paved lanes and two 7-foot paved shoulders.
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County has paid for the cost of said project but shall be reimbursed
by Town for the total cost of a 665-foot segment south of the
Town's current boundary ($45,743.08), and for the cost of six feet
of shoulders, being three feet of each shoulder ($24,891.05). The
cost to be paid is calculated by dividing the total cost of the entire
project by the total number of square feet improved and then
multiplying by the number of square feet improved to be paid for
by the Town. County has utilized its Public Works Department
personnel to perform the improvement work. The Town will
request reimbursement from current or future adjacent
development along WCR 15 for the County's total construction
costs of the improvements from 665 feet south of the current
Town's boundaries to the intersection of WCR's 15 and 50, the
cost of which was $149,312.22. The Town shall collect such
reimbursement and deliver the same to County promptly upon
Town's receipt thereof. The time period for reimbursement shall
begin upon the date of signature hereunder and shall end on June
, 2005 (two years after the aforementioned completion date),
after which all obligations under this agreement will terminate.
All remaining provisions of the Intergovernmental Agreement shall remain the same.
IZV WITNESS WHEREOF, the parties hereto have signed this Agreement this/,5'4- day
of .. 2thA.1.(. , 2004.
TOWN OF JOHNSTOWN, a municipal
of JOHIysT corporation of the State of Colorado
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$y. _ 2___� By:
Diana Se e,Town Clerk Tro D. Me on, Mayor
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
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kla County Commissioners of Weld County
ATTEST: (�(J �D
By: . . BY �� ''v�`
Clerk to the Bdard/, x "1 Chairman c la` 10`)
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QUIT CLAIM DEED
THIS DEED is made this 22 day of March , 2004, between Weld County,
Colorado, a body politic and corporate of the State of Colorado of the first part, and to the Town
of Johnstown, a municipal corporation of the State of Colorado, with its principal office located
at 101 Charlotte Street, P.O. Box 609, Johnstown, CO 80543, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum
of Ten Dollars ($10.00), and other good and valuable consideration, to the said party of the first
part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second
part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the following described lots or parcels of land
situate, lying and being in the County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit"A."
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
IN WITNESS WHEREOF, I, Robert D. Masden, Chairman of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by
virtue of the Order contained in the Resolution made by said Board of County Commissioners on
the22nd day of March , 2004, have hereunto set my hand and affixed the seal of said
County this 22nd day
of March , 2004, for the uses and purposes therein set forth.
ATTEST: !) / r!i.�` COUNTY OF WELD, STATE OF
/� `�,a�� COLORADO, A BODY POLITIC AND
CLERK TO THE BO�'/e CORPORATE OF THE STATE OF
COUNTY COMMIS • '!, :�" "4 ` i COLORADO
BY: Rjr (' 4 BY:
Deputy Clerk to the B. � Robert Masden, Chairman ci llui-le/
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before me this n day of March
2004,by Robert D. Masden, as Chairman oft ounty Commissioners of the County of
Weld, State of Colorado. KPRY.PUe�C
Witness my hand and official se thij 742 /A iMar h , A.D., 2004
Et KAHL
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My commission expires: My Commission Expires May 15,2005
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EXHIBIT "A"
LEGAL DESCRIPTION
All that part of the Right-of-Way of Weld County road 15, lying between the Southerly
Right-of-Way of Weld County road 50 and the Northerly City Limits of Johnstown,
Colorado and more particularly described as follows:
The East 30.00 feet of the Northeast One-Quarter of Section 6 EXCEPT the North 30.00
feet thereof AND the West 30.00 feet of the Northwest One-Quarter of Section 5
EXCEPT the North 30.00 feet thereof; all in Township 4 North, Range 67 West of the
Sixth Principal Meridian, County of Weld, State of Colorado and containing 3.448 acres,
more or less.
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res \ •--6. 1p MEMORANDU
to ,s 17 El 2 59
RECD: .
C TO: Board of County Commissioners
COLORADO DATE: March 16, 2004
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/Count Engineer
SUBJECT: Agenda Item
Amendment to Intergovernmental Agreement with Johnstown for WCR 15 Improvements
Weld County entered into an Intergovernmental Agreement (IGA) on February 15, 2001, with the
Town of Johnstown(see attached)to design and construct WCR 15 to Weld County standards from
the Johnstown city limits to WCR 50,approximately 3200 feet. During design,Johnstown requested
that Weld County consider adding an additional three-foot (six-foot total) paved shoulder to the
standard 12-foot lanes with four-foot paved shoulders cross section. This, therefore, would match
Johnstown's ultimate cross section width. Johnstown agreed to reimburse Weld County for the
additional cost of the shoulder, also Johnstown is requiring Rolling Hills Ranch Subdivision to
reimburse Weld County for all construction costs for the portion within the Johnstown city limits
(665 feet)bordering Rolling Hills Ranch.
This amendment to the original IGA defines the County's cost for the above services. Johnstown
agreed to reimburse Weld County$24,891.05 and is requiring Rolling Hills Ranch Subdivision to
reimburse Weld County$45,743.08. The total reimbursement is$70,634.13. (Both payments have
been received.)
Johnstown also agrees to require reimbursement to Weld County for the remainder of the road
improvement costs totaling $149,312.22, as it is developed within the town limits and adjacent to
this section of WCR 15 for current or future development. This future reimbursement would be
applicable for a two-year period beginning on June 19,2003,the construction completion date. The
reimbursable costs averaged $14.74/square yard, based upon the final construction costs for Weld
County's forces to complete the work.
Enclosures
pc: Wayne Howard
M:\—Active Projects WCR 15,WCR 48 and WCR 50\Design\Contracts\Johnstown Agenda.doc
2004-0910
R. RUSSELL ANSON
ATTORNEY AT LAW
Ault Town Attorney Grover Town Attorney
Eaton Town Attorney Johnstown Town Attorney
Evans City Attorney Nunn Town Attorney
P.O.Box 336155 - Greeley, CO 80633 • (970)353-5508 - FAX: (970)356-3835 • E-mail: ansonofc g�aol.com
March 2, 2004
Bruce T.Barker
Weld County Attorney
P. O. Box 1948
Greeley, CO 80632
RE: IGA for Weld County Road 15 Improvements
Dear Bruce:
Enclosed you will find an amendment to the Intergovernmental Agreement for the Base Upgrade and
Paving of Weld County Road 15. I have revised the Agreement from your original to reflect the fact that
the road improvements have already been completed. As I understand it, the completion date was
sometime in June of 2003. You may want to fill in the exact date that the County Public Works
Department completed those improvements.
Also enclosed you will find two checks— one from Rolling Hills Ranch for $45,743.08 and one from the
Town of Johnstown in the amount of$24,891.05. Both checks constitute the Town's current obligation
for reimbursement for those road improvements.
Once you have obtained the Chairman's and the Clerk to the Board of County Commissioners'
signatures, please return to me one of the two original IGA's. In addition, as I understand it, you will be
preparing a Dee• om the County to the Town of Johnstown for the right-of-way. Once I receive the
Deed, then we will rocess annexation proceedings for this strip of road.
Very truly yo s,
.,-
ntell Anson
Johnstown Town Attorney
RRA:sa
Enc.
xc: Roy Lauricello, Johnstown Town Administrator(without enclosures)
Diana Seele,Johnstown Town Clerk(without enclosures)
PUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
November 26, 2003
Roy Lauricello, Town Administrator
PO Box 609
Johnstown, CO 80534
Dear Mr. Lauricello:
RE: Weld County Road(WCR) 15, South of WCR 50
Weld County completed the construction of road improvements on WCR 15,just north of Johnstown
and opened the road to traffic on 6/19/03. Per the Intergovernmental Agreement between Weld
County and the Town of Johnstown,and various correspondences between both parties,the Town is
to reimburse Weld County for portions of the costs to perform the road improvements. It was agreed
upon the costs for improvements within the Town Limits(665 linear feet)and the costs to include an
extra 6' of pavement(3' per shoulder) would be reimbursed to the County by the Town.
Because of the complexity of ascertaining the breakdown of the above described portions,a square
yard cost will be used. The total project cost will be divided by the total project square yards to
determine the dollars per square yard. This number will be multiplied with the total square yards for
the improvements as described above. The following is the determination of those areas and costs
per the project plans provided by Kirkham Michael Consulting Engineers:
WCR 15 Road Improvements
Total length of road improvements 3198 feet
Total width of road improvements w/shoulder 42 feet
Total area of road improvements 134,316 sq. feet
Total square yards of road improvements 14,924 sq. yards
*Total road improvement costs occurred by County $219,946.35
Square yard cost for road improvements $14.74/sq. yard
*See attached project cost details
Town of Johnstown
Roy Lauricello
Page 2 of 2
WCR 15 Road Improvements
Town of Johnstown's Responsibility
Total length of road improvements 665 feet
Total width of road improvements w/shoulder 42 feet
1. Total area of above road improvements 27,930 sq. feet
2. Total area of 6' paved shoulder(3198' —665') x 6' 15,198 sq. feet
Total area of 1 +2 43,128 sq. feet
Total square yards 4,792 sq. yards
Total costs to be paid to County by Town $70,623.35
The original estimated costs for the Town were $74,083.00. The actual cost of $70,623.35
represents a 5%decrease from the estimate. Assuming that these costs are acceptable, I would like
to continue with the amendment to the original intergovernmental agreement in order to complete the
project.
Please call me if you have any questions or need further information regarding this project.
Sincerely,
Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
pc: Wayne Howard, P.E., Project Manager
Project File WCR 15, S. of WCR 50
(its4 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
March 2, 2004
R. Russell Anson
820 13`h Street
Greeley, CO 80631
Re: Quit Claim Deed for a Portion of WCR 15
Dear Russ:
Enclosed is a Quit Claim Deed for the transfer to the Town of Johnstown for a portion of Weld
County Road 15. This transfer is to comply with the agreement between the two entities
regarding the improvements to the road.
Please let me lmow if the form and attached legal description are acceptable. I may be reached at
(970) 356-4000, ext. 4390.
It is my understanding that the Town will be sending to me the executed original of the
amendment to the agreement. Once I receive the amendment, I will put both it and the Quit
Claim Deed on the agenda for the Board of County Commissione to approve and sign.
Si ely,
race T. Bark
Weld County Attomey
Enc.
pc: Wayne Howard
Leon Seivers
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