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Home My WebLink About952521.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING REPLACEMENT OF THE EAST COUNTY LINE ROAD/WELD COUNTY ROAD 1 BRIDGE OVER COAL CREEK NORTH OF THE TOWN OF ERIE WITH THE COUNTY OF BOULDER, COLORADO, 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 concerning Replacement of the East County Line Road/Weld County Road 1 Bridge over Coal Creek North of the Town of Erie between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the County of Boulder, 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 concerning Replacement of the East County Line Road/Weld County Road 1 Bridge over Coal Creek North of the Town of Erie between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the County of Boulder, 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 27th day of December, A.D., 1995. BOARD OF COUNTY COMMISSIONERS ATT,0 `: Weld C,punty Clerk to the Board • -Deputy Clerk he Board 7AWIRC5)AS TO FO ounty Attorney George E.-- axter W. H. Webster /9“); (19; L$(?/r(n/y COUNTY, CpLQRADO Dale K. //Hall, Chairman L4 CL \ arbara,,l. Kirkmeyer, Tern Fxrl MR-) Constance L. Harbert -/ 952521 EG0034 INTERGOVERNMENTAL AGREEMENT CONCERNING REPLACEMENT OF THE EAST COUNTY LINE ROAD/CR 1 BRIDGE OVER COAL CREEK NORTH OF THE TOWN OF ERIE THIS Intergovernmental Agreement entered into the ,,57-11/2 day of Q[cPmhed^ 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 Replacement of the East County Line Road/CR 1 Bridge over Coal Creek north of the Town of Erie, 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, the East County Line Road/CR 1 Bridge over Coal Creek north of the Town of Erie has been identified to be replaced; and WHEREAS, this roadway and the replacement bridge is bisected by the Boulder and Weld County Lines; and WHEREAS, Boulder and Weld County are ready to share the costs of the bridge replacement. WHEREAS, the parties now desire to enter into 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: A. Boulder County has agreed to prepare plans,. specifications, contracts, and bid documents, hereinafter referred to as "the plans" and administer the construction of the project as approved. 1 of 3 pages B. Boulder County and Weld County shall review and approve the plans for the project. C. The Town of Erie, Colorado, has through separate agreement with Boulder County, agreed to pay one - sixth of the total costs of the project, which costs include, but are not limited to, costs of design, right of way acquisition, construction, and inspection. Weld County shall reimburse Boulder County for one-half of the remainder of the total costs after the payment to Boulder by Erie. It is estimated that the total costs of the project will be approximately $140,000. 2. TERM: The term of the 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 a 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 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. 2 of 3 pages Chrett €4 5. SEVERABILITY: 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 the 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 day of 17Pr•v tied , 1995. COUNTY OF BOULDER, COLORADO, BY AND THROUGH THE BOARD OF COMMISSIONERS OF BOULDER COUNTY ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS 'Clerk to the Boatd ATTEST: CLERK TQ COUNTY: Deputy old tot th qtr., oard By: By: Ronald K. Stewart, Chair COUNTY OF WELD, COLORADO, BY AND THROUGH THE BOARD OF COMMISSIONERS OF WELD COUNTY Dale K. Hall,'Chair /407,44T" 3 of 3 pages 952521 11 i 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 December 12, 1995 Drew Sheltinga, P.E., County Engineer Weld County Public Works Department 33 N. 11th Ave P.O. Box 758 Greeley, Colorado 80631-0758 INTERGOVERNMENTAL AGREEMENT FOR EAST COUNTY LINE ROAD OVER COAL CREEK, WELD COUNTY ROAD 1 BRIDGE Dear Drew: In working with Bruce Baker, Weld County attorney, I have prepared, and the Boulder County Commissioners have signed, the intergovernmental agreement. Please have your Board execute this agreement and send us an original signed document when completed. Should you have any questions, please feel free to call me at (303) 441-3955. Sincerely, ikidi Larry atel, P.E. Director kk enclosures c: Bruce Barker, Weld County Attorney Leslie Lacy, Assistant Boulder County Attorney Jana L. Mendez County Commissioner Ronald K. Stewart Paul Danish County Commissioner County Commissioner 952521 Hello