HomeMy WebLinkAbout950187.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF 37TH
STREET WITH CITY OF EVANS 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 Intergovernmental Agreement for the
Improvement of 37th Street between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the City of Evans, Colorado, 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 Improvement of 37th Street
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the City of Evans, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 22nd day of February, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY.
Deputy Clerk the Board
APPR �/ D AS TO FORM:
pty A torn
y
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO4ORAQO
Dal
K. Hall, Chairman
.94
arbasa J. Kirkme4er, P;o-Vem
-"George t.
LL' r ✓6ns; frcJ
Fxt:I ISFn
Constance L. Harbert
(fAizat le -7)
W. F: Webst
950187
EG0033
INTERGOVERNMENTAL AGREEMENT FOR
THE IMPROVEMENTOF 37TH STREET
iy
THIS AGREEMENT is made and entered into this of LI nW-
1995, by and between the City of Evans, Colorado, by and through its City Council, hereinafter
referred to as "City", whose offices are located at 3700 Golden Street, Evans, Colorado 80620, 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:
WHEREAS, 37th Street, between 17th Avenue and 23rd Avenue, is in need of
improvements, which include utility extensions, grading, drainage, and paving, hereinafter referred
to collectively as "Street Improvements," and
WHEREAS, portions of 37th Street, between 17th Avenue and 23rd Avenue, lie within the
jurisdictions of both the City and the County, and
WHEREAS, City and County now desire to enter into an agreement whereby they share in
the cost of making said Street Improvements.
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 the
date of completion of said Street Improvements, or the date of completion of City's
annexation of said portions of 37th Street which are currently within the jurisdiction
of County, whichever occurs last.
2. CITY AGREES:
a. To be responsible for all engineering and contract administration for said
Street Improvements, including surveying, engineering design, construction
inspection, and materials testing.
b. To be responsible for all utility extensions, which include sanitary sewers,
storm sewers, and water main extensions.
Page 1 of 3 Pages
950187
c. To be responsible for street construction, which shall include, but is not
limited to, grading, base coarse, curb, and gutter.
d. To contract for the asphalt paving of said portions of 37th Street by acquiring
competitive bids for said work.
e. To annex those portions of 37th Street which are within the jurisdiction of
County and to become responsible for the maintenance thereof after the date
of such annexation. City agrees to begin the annexation process on or before
the time of commencement of construction and to complete said annexation
no later than September 1, 1995.
f. City will, with the permission of County which is hereby given, act as
County's agent in negotiating for and acquiring any additional right-of-way
needed for the Street Improvements lying within the jurisdiction of County
which are to be ultimately annexed by City under this Agreement. All costs
associated with said negotiation and acquisition, including, but not limited to,
the purchase of the additional right-of-way, shall be paid in total by City.
3. COUNTY AGREES:
a. To pay those costs of Street Improvements which are outlined in Exhibit "A"
to this Agreement. Such costs include and are hereby limited to the costs of
paving only those portions of 37th Street which are currently within the
jurisdiction of County. County shall pay no more than $53,039.70 for the
37th Street paving. County shall pay this sum to City upon the
commencement of construction of the Street Improvements.
b. To allow City to act as County's agent in negotiating for and acquiring any
additional right-of-way needed for Street Improvements which lie totally
within the jurisdiction of County. County shall not be obligated to pay for
any of the costs associated with said negotiation and acquisition.
4. SEVERABILITY:
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the enforcement of the terms and
Page 2 of 3 Pages
950197
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing contained 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 signed this Agreement this 22nd day of
February , 1995.
ATTEST:
City Clerk
APPROVE
By:
R se 1 Anson
Evans City Attorney
ATTEST:
Weld County Cleric to the Board
By:
Deputy Clerk the Board
APPD AS TO FO
Bru•- T. Barker
Weld County Attorney
a37thstgjb
CITY OF EVANS, COLORADO, by and
thro the City sincil of Evans lorado
ayor
APPROVED AS TO SUBSTANCE:
By:1�--
Mic ael J. Sm
Evans City Manager
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
County Commissioners
of Weld County, Colorado
Page 3 of 3 Pages
950187
EXHIBIT "A"
THE CITY OF EVANSWELD COUNTY
37TH STREET PROJECT
(FROM 23RD AVENUE TO 17TH AVENUE)
COUNTY RESPONSIBILITY; SOUTH SIDE ONLY
STATIONS: 10 + 00 TO 14 + 85 = 485'
21+40TO36+25=1485'
1,970'
ITEM
OUANTITY
UNITS
UNIT PRICE
TOTAL PRICE
ASPHALT 7.5" X 12'
FULL DEPTH
1,071.18
TON
$ 28.00
$ 28,993.04
TRAFFIC CONTROL
50%
L.S.
$ 10,000.00
$ 5,000.00
ROTO-MILLING
2,626.66
S.Y.
$ 5.00
$ 13,133.33
RECONDITIONING
(blading, shaping,
wetting, and
compacting subgrade).
2,626.66
S.Y.
$ .50
$ 1,313,33
CONSTRUCTION
STAKING
50%
L.S.
$ 7,200.00
$ 3,600.00
TOTAL
$ 53,039.70
9501E
CITY OF EVANS, COLORADO
ORDINANCE NO. 947-95
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE COUNTY OF WELD CONCERNING STREET IMPROVEMENTS ON
37TH STREET BETWEEN 17TH AVENUE AND 23RD AVENUE
WHEREAS, a portion of 37th Street which lies between 17th
Avenue and 23rd Avenue is in need of street improvements; and
WHEREAS, those portions of 37th Street lie within the
jurisdictions of both the City of Evans and the County of Weld; and
WHEREAS, a proposed contract has been submitted to the City of
Evans by the County of Weld whereunder both the City and the County
will share in the cost of making these street improvements; and
WHEREAS, C.R.S. 29-1-203, enables local governments to enter
into intergovernmental agreements and under the Home Rule Charter
of the City of Evans, such intergovernmental agreements must be
approved by the City Council by Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANS, COLORADO:
1. The recitals above set forth are incorporated herein by
reference for all purposes as though set forth in full.
2. The Intergovernmental Agreement attached hereto, between
the County of Weld and the City of Evans, is approved and the Mayor
and City Clerk are authorized and directed to execute such
agreement.
PASSED AND APPROVED at a regular meeting of the City Council
of the City of Evans on this 17th day of January , 1995.
CITY OF EVAN t COLORADO
NITEST?
By
Mayor
950187
PASSED, APPROVED AND ADOPTED ON SECOND READING this 7th day
of February , 1995.
ATTEST:
2
CI
By
Fri0187
947-95
Hello