HomeMy WebLinkAbout981823.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF
BASELINE ROAD AND AUTHORIZE CHAIR TO SIGN - CITY OF BRIGHTON, TOWN
OF LOCHBUIE, AND ADAMS COUNTY
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 Baseline Road, a.k.a. Weld County Road 2 and/or 168th Avenue, among
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, the City of Brighton, Town of
Lochbuie, and Adams County, commencing upon full execution, and ending upon completion of
construction, with further 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 Baseline
Road, a.k.a. Weld County Road 2 and/or 161h Avenue, among 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, the City of Brighton, Town of Lochbuie, and Adams County 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 28th day of September, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: r e.e : z 6
Constance L. Har ert, Chair
Weld County Cler o t '��•��� � yQ
IBC) CSC /
W. H. ebster, Pro-Tem
Deputy Clerk tot r ��
►� eorge E. Baxter
APP T ORM:
Da e . all
nt A y
arbara J. Kirkmeyer
981823
EG0037
Veal) Ca_,IITY
fll `EP 23 P1 1:
25
C.p MEMORAND MK
COLORADO
TO: Clerk to the Board DATE: September 22, 1998
FROM: Frank B. Hempen, Jr. , 1
Director of Public Works/County Engineer \
SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Intergovernmental Agreement for the Improvement of Baseline Road a.k.a. 168th
Avenue--Weld County, City of Brighton, Town of Lochbuie, Adams County.
The appropriate documentation is attached.
m:wpfiles\engineer Aagendal
981823
INTERGOVERNMENTAL AGREEMENT
FOR THE IMPROVEMENT OF
BASELINE ROAD a.k.a. WCR 2 a.k.a. 168th AVENUE
THIS AGREEMENT made and entered into this nn day of P ¢irn.L`f 9 , 19cfg ,
by and between the City of Brighton by and through its City Council, and the Town of Lochbuie by
and through its Town Council,and the County of Weld, State of Colorado,by and through the Board
of Weld County Commissioners, and the County of Adams, State of Colorado, by and through the
Board of Adams County Commissioners.
RECITALS
1. WHEREAS, The City of Brighton, The Town of Lochbuie, Adams County, and Weld
County have jurisdiction over various stretches of Baseline Road, also known as Weld
County Road (WCR) 2 or 168th Ave (hereinafter " Baseline Road"), between North 9th
Avenue in Brighton and the I-76 Frontage Road, which is the portion of Baseline Road
contemplated within this Agreement (hereinafter known as the"Project Area"); and
2. WHEREAS, Baseline Road is in need of improvement, which includes grading, drainage,
and asphalt overlay (hereinafter referred to collectively as "Road improvements"); and
3. WHEREAS, the Parties desire to enter into an Agreement whereby they share the cost of
making said Road Improvements during the calendar year 1998 and provide for allocation
of ongoing maintenance responsibilities; and
4. WHEREAS, the Parties are authorized by law pursuant to C.R.S. § 29-1-203 and the
Colorado Constitution Article XIV, § 18 (2) (a) and(c)to cooperate to provide any function,
service or facility authorized to each and only if such cooperation is authorized by each of
the Parties with the approval of their respective legislative bodies; and
5. WHEREAS,Road Improvements shall include a 4-inch thick asphalt overlay on the existing
24-foot wide roadway and 6-inch thick recycled concrete aggregate shoulders,four feet wide,
on either side of the roadway; and
6. WHEREAS, the Parties understand and agree that the services and assistance contemplated
in this Agreement are subject to available appropriations by the Parties and shall not obligate
any Party to provide such services and assistance in any calendar year subsequent to the year
of execution if no such appropriations are made.
1
AGREEMENT
In consideration of the mutual benefits to be derived by the Parties, together with other good and
sufficient consideration, each agrees to the following:
1. TERM:
The term of this Agreement shall be from the date first written above to and until the date of
completion of said Road Improvements, or the date of completion of the City of Brighton's
or the Town of Lochbuie's annexation of said portions of Baseline Road,which are currently
within the jurisdiction of Adams County and Weld County, whichever occurs last.
2. THE CITY OF BRIGHTON AGREES:
a. To be responsible, at its own expense, for all engineering and project management
for said Road Improvements, including surveying, engineering design, construction
surveying, construction inspection, materials testing, and accounting of project costs
for each entity.
b. To notify each entity of the quantity of asphalt and recycled concrete aggregate used
within their jurisdiction.
c. To perform grading for the purpose of improving the sight distance where required,
with the assistance of Adams County.
d. To provide traffic control during construction.
e. To pay for the purchase of asphalt and recycled concrete aggregate for the portion
of the Road Improvements within the city limits of Brighton as more specifically
designated in Exhibit A, attached here to and incorporated herein by reference, by
reimbursing Weld County for said asphalt purchases within 30 days of determining
the quantity used within Brighton's jurisdiction. The asphalt is estimated to be
approximately 7,956 tons and the recycled concrete aggregate for shoulders is
estimated to be approximately 2,470 tons.
f To purchase the recycled concrete aggregate for the Road Improvements from
Redimix Concrete in Brighton at the price of$4.50 per ton, subject to reimbursement
by the Town of Lochbuie, Adams County, and Weld County as outlined herein.
2
g. To annex the full width of those portions of Baseline Road from Brighton's North
Main Street easterly to the westerly section line of Section 35, T1N, R66W, which
are with the jurisdiction of Weld County and Adams County and to assume the
responsibility for the maintenance thereof after the date of such annexation. The City
of Brighton agrees to begin the annexation process on or before the time of the
commencement of construction by enactment of a resolution of intent to annex. The
City of Brighton further agrees to maintain the full width of Baseline Road between
the west line of Section 35, TIN, R66W, and Interstate 76 until such time as either
the City of Brighton or the Town of Lochbuie annexes these portions of Baseline
Road within Adams County or Weld County.
3. THE TOWN OF LOCHBUIE AGREES:
a. To pay for the purchase of asphalt and recycled concrete aggregate for that portion
of the Road Improvements within the city limits of Lochbuie as more specifically
designated in Exhibit A, attached hereto and incorporated herein by reference, by
reimbursing Weld County for asphalt purchases and reimbursing Brighton for
recycled concrete aggregate purchases within 30 days of receiving notification from
Brighton of the quantity used within Lochbuie's jurisdiction. The quantity of asphalt
is estimated to be approximately 765 tons, and the quantity of recycled concrete
aggregate is estimated to be approximately 240 tons.
4. ADAMS COUNTY AGREES:
a. To pay for the purchase of asphalt and recycled concrete aggregate for the Road
Improvements within Adams County's jurisdiction as more specifically designated
in Exhibit A, attached hereto and incorporated herein by reference, by reimbursing
Weld County for asphalt purchases and reimbursing Brighton for recycled concrete
aggregate purchases within 30 days of receiving notification from Brighton of the
quantity used within Adam County's jurisdiction. The quantity of asphalt is
estimated to be approximately 3,060 tons and the quantity of recycled concrete
aggregate is estimated to be approximately 1,000 tons.
b. To provide labor and equipment, at its own expense, to lay down and compact the
asphalt and recycled concrete aggregate base for all of the Road Improvements.
c. To assist Brighton in performing grading for the purposes of improving the site
distance where required.
5. WELD COUNTY AGREES:
a. To pay for the purchase of asphalt and recycled concrete aggregate for that portion
of the Road Improvements within Weld County's jurisdiction as more specifically
3
designated in Exhibit A, attached hereto and incorporated herein by reference, by
reimbursing Brighton for recycled concrete aggregate purchases within 30 days of
receiving notification from Brighton of the quantity used within Weld County's
jurisdiction. The quantity of asphalt is estimated to be approximately 4,590 tons,and
the quantity of recycled concrete aggregate is estimated to be approximately 1,425
tons.
b. To provide labor and equipment at its own expense to haul the asphalt for all of the
Road Improvements from the Western Mobile plant, located near the intersection of
Weld County Roads 5 and 18, to the project area.
c. To purchase the asphalt for the Road Improvements from the Western Mobile plant
at Weld County's bid price of$15.80 per ton, subject to reimbursement by The City
of Brighton, Town of Lochbuie, and Adams County as outlined herein.
6. SEVERABILITY:
If any term or condition of this Agreement shall be held 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.
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed 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 contained in this Agreement shall give or allow any
claim or right of actions 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.
8. 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, or
other alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned 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
4
party,whether express or implied, shall not constitute a consent to, waiver of, or excuse for
any other different or subsequent breach.
9. NO WARRANTY
No Party, by virtue of their entering into this Agreement and upon their promises to perform
the work described herein, make warranties, either express or implied, that the improvement
work and/or maintenance of these Road Improvements provided for herein meet standards
other than those generally required for counties and cities of the size and type similar to the
Parties hereto.
5
NOV-06-1998 17:11 BRIGHTON CITY CLERK 303 655 2013 P.02/02
hereto, or waiver of, a breach by any other party, whether express or implied, shall not
constitute a consent to, waiver of, or excuse for any other different or subsequent
breach.
9. NO WARRANTY:
No Party, by virtue of their entering into this Agreement and upon their promises to
perform the work described herein, makes warranties, either express or implied, that
the improvement work and/or maintenance of the Road Improvements provided for
herein meet standards other than those generally required for counties and cities of the
size and type similar to the Parties hereto.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this , U day of
t11r.T,e-Gem. , 19 Y8 •
ATWESTr CITY OF BRIGHTON
•4
dese--c-O
yna o By: .Sr.e4•.t .e
5Iv'I'a15aabnc.Thomas, City Clerk Terrence V. Lucero, Mayor
TOTRL P.02
Si
IN WITNESS WHERE F, the parties hereto have signed this Agreement this / day of
(X/nher , 19
ATTEST: TOWN OF LOCHBUIE r
By: z._< 1�!`t ' ` '
Grlenneda Evans , Mayor
7
NOV 06 '99 09:49RM RDRM5 COUNTY COMMISSIONERS P.2
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this , day of
, 19_
ATTEST: I "`°" . ) BOARD OF COUNTY COMMISSIONERS
Adams County Clerk to tiie':Blay ADAMS COUNTY, COLORADO
By 1,-jit-CA.,,s }'L � By; Ted Strickland, Chair
e?�
APPROVED AS 10 FORM
COUNTY A ORNEY
•
•
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this NIL day of
Member- , 199_.LW ATTEST: ►l>�i; :f/�`` BOARD OF COUNTY COMMISSIONERS
Weld County Clerk o e€ ._ • ` WELD COUNTY, COLORADO
N�p
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t' 'as +t�, p�2� / Ts —�=f
Deputy Clerk `�"..�;. _ �.wrc ?• Constance L. Harbert, Chair
®���/v��t VC (09/28/98)
APPR AS TO FORM:
11�
Br e T. B rker
e d Count Attorney
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