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HomeMy WebLinkAbout20011989.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF 83RD AVENUE BRIDGE AND AUTHORIZE CHAIR TO SIGN -CITY OF GREELEY 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 replacement of the 83rd Avenue Bridge 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 City of Greeley, with 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 the replacement of the 83rd Avenue Bridge 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 City of Greeley 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 25th day of July, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORADO ATTEST: ,> ccei 77 /1/.2:v Alt M. J Geile, Cha'y Weld County Clerk tot ig.:1 �,�mts ` i igtAz9 /M-e6=FL Glenn Vaad, Pr BY: itV • Deputy Clerk to the B. rd, ". ". EXCUSED Willi. Jer APPROV AS TO F M: C D vid E. Long unty Attofy LPL a,/ Robert D. Masden Date of signature: Date of full execution: (a 2001-1989 EG0041 pc.' ree/ezd- , ‘1,(< 4441 MEMORANDUM WIID € TO: Clerk to the Board DATE: July 12,2001 • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the following item for the Board's next agenda for the Chair's signature. Intergovernmental Agreement for replacement of 83r° Avenue bridge. (Three copies) Resolution for same. (Three copies) The appropriate documentation is enclosed. Enclosures Intergovernmental Agreement file 2001-1989 INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF 83an AVENUE BRIDGE THIS INTERGOVERNMENTAL AGREEMENT is made and entered into effective as of the 25th day of July , 2001, between the COUNTY OF WELD, a political subdivision of the STATE OF COLORADO, whose address is 915 10th Street, P.O. Box 758, Greeley, CO 80632, hereinafter referred to as the "the County", and the CITY OF GREELEY, a Colorado home-rule municipality, whose address is 1000 10th Street, Greeley, CO 80631, hereinafter referred to as "the City." WITNESSETH: WHEREAS, Weld County Bridge 27-58A,which is located on Weld County Road 27 (also known as "83rd Avenue")approximately one-half('h)mile south of the intersection of 83rd Avenue and U.S. Highway 34 Bypass Business, is in need of replacement, and WHEREAS, the total estimated cost of replacing Bridge 27-58A is $1,334.700, and WHEREAS, a Federal bridge replacement grant is available to pay for a portion of such replacement, upon the payment of a matching local cost of$266,940, and WHEREAS, although Bridge 27-58A is located within the County, the City may annex the bridge in the future and, therefore, is willing to pay one-half ('/2) of the local cost for the replacement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. SHARING OF LOCAL COST FOR BRIDGE REPLACEMENT: The parties agree to each pay one-half('/z) of the total local cost ($266,940)for the replacement of Bridge 27-58A(each party to pay $133,479). This sum shall be paid by City to County within thirty(30) days of receiving an invoice from the County. 2. COUNTY AGREES: a. To be the lead agency and have jurisdiction over Bridge 27-58A upon execution of this Agreement, allowing for full authority in contractual arrangements during the prosecution of the replacement project. b. To be responsible for the design, construction, and administration of the replacement project. Page 1 of 3 c. To inspect and maintain the new bridge subsequent to construction and include it in any required bridge inventory. 3. CITY AGREES: a. To pay its share of the local cost ($133,470) to the County as required in paragraph 1, above. b. To assume the responsibility for maintenance, inspection and inventory of Bridge 27-58A upon its annexation into the City. 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 and 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 this 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 an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate of the day and year first hereinabove written. ATTEST: lit, / ,pe'i; p, COUNTY OF WELD, a political subdivision Weld County Clerk to th o. t � of the STATE OF COLORADO • (a 'fr4 , B 1 B Deputy Clerk to the :' �� M.J. eile, Chair (07/25/2001) UN b� Board of County Commissioners of the County of Weld Page 2 of 3 •4 • . s k' Ts /u * €; THE CITY OF GREELEY, COLORADO :r .ZM-4:).'; ' Mayor APPROVED AS TO SUBST CE: APPROVED AS TO LE ORM: By: tC12, By: Ci ag City o AS TO AVAILABILITY OF S: RECOMMENDED BY Director of Finance Director of Public Wor Page 3 of 3 THE CITY OF GREELEY, COLORADO RESOLUTION 40 , 2001 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF WELD, STATE OF COLORADO,BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ("COUNTY")FOR REPLACEMENT OF 83"° AVENUE BRIDGE. WHEREAS, Weld County Bridge 27-58A is located on Weld County Road 27(also known as 83'a Avenue) approximately one-half('h)mile south of the intersection of 83`" Avenue and U.S. Highway 34 Business; and WHEREAS, the Weld County Bridge 27-58A is in need of replacement; and WHEREAS, the total estimated cost of replacing Bridge 27-58A is One Million Three Hundred Thirty-Four Thousand Seven Hundred and 00/100ths Dollars ($1,334,700.); and WHEREAS, a Federal bridge replacement grant is available to pay a portion of such replacement, upon the payment of a matching local cost of Two Hundred Sixty-Six Thousand Nine Hundred Forty Dollars ($266,940.); and WHEREAS, Weld County Bridge 27-58A is located within the County, the City may annex the bridge in the future and, therefore is willing to pay one-half('/s) of the total local cost for the replacement of Bridge 27-58A. The City has agreed to pay County one-half('h) of the cost of the project which is estimated to be One Hundred Thirty-Three Thousand Four Hundred Seventy Dollars ($133,470.), and paying to County said sum within thirty(30) days of receiving an invoice from the County; and WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into the agreement with County for replacement of the 83r'Avenue Bridge; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: 1. The City Council hereby authorizes the Mayor to enter into that intergovernmental agreement with County for sharing of the local cost for replacement of Weld County Bridge 27-58A, which is located on Weld County Road 27, also known as 83r'Avenue. 2. The City Council hereby authorizes the City of Greeley to pay fifty percent(50%) of the total local cost of the project, currently estimated to be Two Hundred Sixty-Six Thousand Nme Hundred Forty Dollars($266,940.),for replacement of Weld County Bridge 27-58A. This sum shall be paid by the City to the County within thirty(30) days of receiving an invoice from the County. \3� • 3. This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED THIS 5th day of June 2001. ATTEST: THE CITY OF GREELEY, COLORADO Lt, A . AA/ City City Cleo Jerry Wones, Mayor S:CAIRESOLU77oNVo A pinky-weld county true 27-58A Xj 8rd Avenue 3ridge (Cross Section) 73' 611 6" I / 10 121 12' / 12' / 12' / 2' /2' 0 10' // / / Bridge Replacement at co w. 10th 83rd Ave & Sheew Draw a e ) o 9e. o o a o^ b° W ° / f P a M o 0 0 0 0 , / • e a� �. p 9' au a -u part) o°d D. p'^ b-off o ^ 0 'o Q m1 Oe a. o a� 0 .� �� .u0 a° a o.Q 0 'Q. 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