HomeMy WebLinkAbout951344.tiffRESOLUTION
RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CONCERNING
PURCHASE OF LANDS FOR RIGHT-OF-WAY AND AUTHORIZE CHAIRMAN 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 Amendment to an Intergovernmental
Agreement Concerning Purchase of Lands for Right -of -Way for the Federal Hazard Elimination
Safety Project on East County Line Road/Weld County Road 1, at State Highway 66, between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Public Works Department, and the County of Boulder, Colorado, by and
through the Board of County Commissioners of Boulder County, with further 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 an Intergovernmental Agreement Concerning Purchase
of Lands for Right -of -Way for the Federal Hazard Elimination Safety Project on East County Line
Road/Weld County Road 1, at State Highway 66, between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Public Works
Department, and the County of Boulder, Colorado, by and through the Board of County
Commissioners of Boulder County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
951344
EG0034
d_L : PE -e,;) //e'zc4/eren
AMENDMENT IGA - ROW, WCR 1 AND STATE HIGHWAY 66
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of June, A.D., 1995.
APPROVED AS TO FORM:
\Clerk to the Board
lc .
o the Board
�ZA,—
County Attorn
ey
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COL RA
Dale K. Hall, Chairman
George E!Baxter
6Z.nccc -
onstance L. Harbert
a
W. H. Webster
951344
EG0034
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CONCERNING
PURCHASE OF LANDS FOR RIGHT-OF-WAY FOR THE FEDERAL HAZARD
ELIMINATION SAFETY PROJECT ON EAST COUNTY LINE ROAD/WELD COUNTY
ROAD 1. AT STATE HIGHWAY 66
THIS Amendment to an Intergove mental Agreement made on May 16, 1995 is made and
entered into this WA day of wnx_ , 1995, by and between the County of
Boulder, Colorado, by and through the Board of County Commissioners of Boulder County,
whose office is located in the Boulder County Courthouse, Boulder, Colorado 80302, hereinafter
referred to as "Boulder County," and the County of Weld, Colorado, by and through the Board
of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "Weld County," and referred to jointly as "the
parties", concerning the design, right-of-way acquisition, and construction, is necessary for the
completion of the hazard elimination project, State Department of Transportation Project No.
SHE0661-002, hereinafter referred to as "the project."
WITNESSETH:
WHEREAS, the parties are authorized to enter into this agreement pursuant to provisions
of Section 29-1-201, et seq., C.R.S., and Section 2-3 of the Weld County Home Rule Charter,
and
WHEREAS, Boulder County has applied for and has been granted federal funding in the
amount of $100,000.00 to complete the project as per plans and specifications prepared by the
State of Colorado Department of Transportation, hereinafter referred to as "CDOT," and
WHEREAS, Boulder County has entered into a contract with the State of Colorado
concerning the design, construction, and funding of the project, which contract is attached hereto
and is referred to herein as Exhibit "A", and is hereinafter referred to as the "state contract,"
and
WHEREAS, the parties have entered into an Agreement on May 16, 1995 in order to
define their respective rights and responsibilities relative to the cost of right-of-way purchase for
the project.
WHEREAS, the parties now desire to enter into this Amendment to the Agreement in order
to define their respective rights and responsibilities relative to the cost of design and construction
for the project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PROJECT DESIGN AND CONSTRUCTION:
Page 1 of 3 Pages
951344
A. CDOT, per the attached state contract, has agreed to prepare plans, specifications,
contracts, and bid documents, hereinafter referred to as "the plans," for and
administer the construction of the project as approved in the state contract.
B. Boulder County and Weld County shall review and approve the plans for the
project.
C. Boulder County shall pay to CDOT the local share for the preparation of the
plans, along with the costs of construction per the agreement. Weld County shall
reimburse up to one half of the local match to Boulder County; provided,
however, that in no event shall Weld County be required to pay more than
$7,500.00 for the design, right-of-way, and construction costs so purchased. It
is estimated that total local match costs of all design, right-of-way acquisition, and
construction will be $15,000.00 or less.
E. Boulder County shall be responsible to prepare any and all necessary plans,
budgets or any other documents required by the State of Colorado for the project.
TERM:
The term of this Agreement shall be from the date of signing to and until the date of
completion of the project.
3. MODIFICATION AND BREACH:
This Agreement contains the entire agreement and understanding between the parties to
this Agreement and supersedes any other agreements concerning the subject matter of
this transaction, whether oral or written. No modification, amendment, novation,
renewal, whether alteration of or to this Agreement shall be deemed valid or any force
or effect whatsoever, unless mutually agreed upon in writing by the parties. No breach
of any term, provision, or clause of this 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 expressed or implied, shall not constitute a consent to, waiver
of, or excuse for any other different or subsequent breach. Any party shall have the
right to restrain by injection any substantial breach or threatened breach of this
Agreement by the other party.
4. NO THIRD PARTY ENFORCEMENT/NO WAIVER OF IMMUNITY:
This Agreement is solely for the benefit of the parties hereto, and no third party shall
be entitled to claim or enforce any rights hereunder except as expressly provided herein.
No portion of this Agreement shall be deemed to constitute a waiver of any immunities
of the parties or their officers or employees may possess, nor shall any portion of this
Page 2 of 3 Pages
951314
Agreement be deemed to have created a duty of care that did not previously exist with
respect to any person not a party to this Agreement.
5. $EVERABILITY:
If any provision of this Agreement or application thereof to any party or circumstance
is held invalid by a court of competent jurisdiction, such invalidity shall not affect the
other provisions of this Agreement which can be given effect without the invalid
provision or application and, to this end, the provisions of this Agreement are declared
to be severable.
6. FUNDING:
No portion of this Agreement shall be deemed to create an obligation on the part of the
parties to expend funds not otherwise appropriated during the term of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment Agreement
on the L/ day of ���;,F , 1995.
ATTEST':
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
Clerk to the Board
ATTEST:
CLERK TO
COUNTY CQ]
BY:
Deputy C er to the Board L(
COUNTY OF BOULDER, COLORADO,
BY AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS OF
BOULDER COUNTY
BY:
Homer Page, Chairman
COUNTY OF WELD, COLORADO,
BY AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS OF
WELD COUNTY
Dale K. Hall, ar an ( bz/9s�
BY:
Page 3 of 3 Pages
951344
RESOLUTION NO. 95 - 8 8
CONCERNING AN AGREEMENT AMENDMENT BETWEEN BOULDER COUNTY AND
WELD COUNTY FOR PROJECT SHE 0661-002, HAZARD ELIMINATION
IMPROVEMENTS ON EAST COUNTY LINE ROAD AT STATE HIGHWAY 66
WHEREAS, federal hazard elimination funds in the amount of $90,300.30 have been
made available for approach improvements for the hazard elimination project identified as SHE
0661-002, SH 66 / East County Line Road; and
WHEREAS, Boulder County is authorized to enter into contracts for the elimination of
hazards at certain highway locations pursuant to Sections 24-92-101, et seq., 29-1-203, 43-1-110,
43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. as amended; and
WHEREAS, Boulder County approves of said agreement with Weld County prepared for
the purchase and cost sharing of the design and construction of these improvements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Boulder County, Colorado, that the Intergovernmental Agreement amendment concerning the cost
of design and construction for project SHE 0661-002, Hazard Elimination Improvements on East
County Line Road at State Highway 66 is approved.
BE IT FURTHER RESOLVED by the Board that the Chair be authorized to sign said
agreement amendment.
ADOPTED this day of Jun c- , 1995.
BO
/ARD OFpCOUNTY COMMISSIONERS:
�Jf'n`sit a o
Homer Page, Chair
ATTEST:
Clerk to the Board - Jana L. Mendez
Coal K. Stewart, Vice Chair
951344
Boulder
County
Post Office Box 471 • Boulder, Colorado 80306
Transportation Department
2045 13th Street • Boulder, Colorado 80302 • Boulder, Colorado 80302 • (303) 441-3900 • FAX (303)441-4594
June 12, 1995
Drew Sheltinga, P.E., County Engineer
Weld County Public Works Department
33 N. 11th Ave.
P.O. Box 758
Greeley, CO 80631-0758
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR SH 66 / WELD
COUNTY RD. 1/EAST COUNTY LINE ROAD
Dear Drew:
v^�
In working with Bruce Barker, Weld County attorney, I have prepared, and the Boulder
County Commissioners have signed, an amendment to our previous intergovernmental
agreement. This amendement sets forth the agreement of cost sharing in the entire project
(including design and construction), as opposed to the previous agreement that deals only with
the right-of-way for the project. Please have your Board execute this amendment and send us
an original signed document when completed.
Should you have any questions, please feel free to call me at (303)441-3900.
Sincerely,
Michael A. Thomas, P.E.
Traffic Engineer
Enclosures
c: Bruce Barker, Weld County Attorney
Kristin Kozlowski, Assistant Boulder County Attorney
Larry Matel, Transportation Director
John Hamilton, Land Officer
Jana L. Mendez
County Commissioner
Ronald K. Stewart Homer Page
County Commissioner County Commissioner 951 3 44
Hello