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Home My WebLink About20200997.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO COUNTY ROAD 37 AND STATE HIGHWAY 52 INTERSECTION AND AUTHORIZE CHAIR 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 Improvements to the County Road 37 and State Highway 52 Intersection, 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 Colorado Department of Transportation, commencing upon full execution of signatures, and ending December 31, 2029, 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 Improvements to the County Road 37 and State Highway 52 Intersection, 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 Colorado Department of Transportation, 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 30th day of March, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAgA) jeito;e1 Weld County Clerk to the Board BY: //// Deputy Clerk Clerk to the Board APPR• D A unty AAorney Date of signature: 03/30/20 Mike Freeman, Chair Steve oreno, Pro-Tem ames Cc:PWf55/F.GlE,R/CM) o FS/o% 2020-0997 EG0078 1?ii/f14t-t /(3M. MEMORANDUM TO: Esther Gesick, CTB DATE: March 23, 2020 FROM: Don Dunker, County Engineer / Erich Green, Project Manager, Public Works SUBJECT: Inter -Governmental Agreement (IGA) for WCR 37/SH 52 Intersection Improvements Please place the attached Inter -Governmental Agreement (IGA) on the BOCC Agenda. If the BOCC authorizes signature, please note that three (3) single sided copies will need to be wet - signed and provided to me to provide back to CDOT. This item was approved by all 5 Commissioners on a pass -around dated March 3, 2020. The purpose of this IGA is to define construction cost -sharing of roadway improvements at the intersection of WCR 37 and SH 52. Weld County's total funding contribution is $1,994,880.11. This funding is for the WCR 37 portion of the project improvements; Weld County will not provide financial support for any portion of the SH 52 improvements. For more information regarding the project scope and the IGA, please refer to the pass -around dated March 3, 2020. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this IGA. 3h0 2020-0997 gG©O78 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Inter -Governmental Agreement (IGA) for WCR 37/SH 52 Intersection Improvements DEPARTMENT: Public Works DATE: 3/3/2020 PERSON REQUESTING: Don Dunker / Erich Green Brief description of the problem/issue: Project Background: CDOT is proposing auxiliary lanes be constructed on SH 52 at WCR 37, and design of this project is underway. As part of this work, improvements to WCR 37 are also proposed on each side of SH 52: • On the south side of SH 52, WCR 37 will receive 70ft curve radii at the intersection, a 12ft southbound acceleration lane, a 12ft southbound through lane, a 16ft left turn lane, and a 12ft northbound through lane. 6ft paved plus 1 ft gravel shoulders will be provided. The proposed WCR 37 improvements run for approximately 2,160ft on the south side of SH 52. • On the north side of SH 52, WCR 37 will receive 70 ft curve radii at the intersection, a 12ft southbound through lane, a 16ft left turn lane, and a 12ft northbound through lane. 2ft paved plus 1 ft gravel shoulders will be provided. The WCR 37 improvements run for approximately 1,600ft on the north side of SH 52. The approach is that CDOT is performing the design/Right-of-Way (ROW) acquisition and will administer construction of the entire project. Weld County will provide reimbursement for the portion of the construction improvements located within WCR 37, as well as for ROW acquisition costs necessary for the WCR 37 improvements. Weld County provided a scope of the WCR 37 improvements to CDOT in August 2018, and Weld County Public Works staff has been attending CDOT design progress meetings and communicating with the CDOT project manager since that time. Construction is planned for summer of 2020. Purpose of Pass -Around: At this point in the project, CDOT requires the attached IGA be executed by Weld County in order to move forward with finalizing ROW plans, construction plans, and advertising for construction bids. The IGA reflects the terms and conditions of Weld County's funding for the project improvements associated with WCR 37 totaling $1,994,880.11. Weld County will not provide financial support for any portion of the SH 52 improvements. The IGA has been reviewed by Public Works and the County Attorney's Office and is ready for execution by the Board of County Commissioners. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve execution of the IGA • Schedule a work session to further discuss the IGA Recommendation: Staff recommends approving execution of the IGA and allowing it to be placed on the next available BOCC agenda. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Schedule Work Session Other/Comments: OLA #: 331002048 Routing 0: 20-HA4-XC-00053 (Local $CDOTWRK) REGION: 4 (DZ) PROJECT: FSA 052A-046 (21855) CONTRACT THIS CONTRACT, executed this 9ndday of , 90:90by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation ("State" or "CDOT") and WELD COUNTY GOVERNMENT, PO Box 758, Greeley, Colorado, 80632, CDOT Vendor #: 2000135 ("Local Agency"), and the State and the Local Agency together shall be referred to as the "Parties." RECITALS 1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.. 2. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; 3. The Local Agency has estimated the contribution and is prepared to provide the fimding required for their contribution toward the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this agreement and to expend its funds for the Contribution 4. The local agency has funds available and desires to provide 100% of the funding for the work within Weld county ROW. CDOT will pay for all improvement within CDOT ROW. 5. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4Xc) and 43-2-144, C.R.S. and Exhibit B. 6. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The work under this Contract shall consist adding auxiliary lanes at the intersection of SH52 and WCR37, and the Local Agency shall provide their Contribution toward the Project, in Weld County, Colorado, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This Contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This agreement shall be effective upon approval of the CDOT Chief Engineer or designee. The term of this agreement shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency, or December 31, 2029, whichever occurs first. Section 4. Project Funding Provisions Document Builder Generated Page l of 7 Rev. 12/09/2016 OLA #: 331002048 Routing 4: 20-HA4-XC-00053 A. The Local Agency has estimated the total cost ofthe Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. B. The contribution is estimated to be $1,994,880.11. C. The maximum amount payable by the Local Agency under this contract shall be $1,994,880.11 unless such amount is increased by an appropriate written modification to this contract executed by the Parties hereto before any increased cost is incurred D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination.. Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this agreement. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 6. State and Local Agency Commitments The Scope of Work (Exhibit A) describes the work to be performed. A. Design [if applicable] 1. If the work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the State shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. Document Builder Generated Page 2 of 7 Rev. 12/09/2016 OLA #: 331002048 Routing #: 20-HA4-XC-00053 B. Construction [if applicable] 1. If the work includes construction, the State shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. Subject to Section 5, if the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this agreement, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal -aid project, the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non -concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the work under this project if no additional federal -aid funds will be made available for the project. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges); • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Document Builder Generated Page 3 of 7 Rev. 12/09/2016 OLA #: 331002048 Routing #: 20-HA4-XC-00053 Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at http://www.coloradodot.info/business/manuals/right-of-way. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Section 8. Utilities If necessary, the State will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the responsible party will certify in writing that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company's facilities whereby the work is to be accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The State shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years after the date of termination of this agreement or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This agreement may be terminated as follows: A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the purposes of the distribution of moneys under the agreement would no longer be served by completion of the Document Builder Generated Page 4 of 7 Rev. 12/09/2016 OLA #: 331002048 Routing #: 20-HA4-XC-00053 project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the State shall thereupon have the right to terminate this agreement for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this agreement shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the agreement by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the agreement had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this agreement and to bind the Local Agency to its terms. The person(s) executing this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this agreement. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 10601 10th Street, Greeley, CO 80634. Said Region Director will also be responsible for coordinating the State's activities under this agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: Binbin Zhang CDOT Region 4 10601 10th Street Greeley, Colorado 80634 970-350-2245 binbin.zhang@state.co.us Section 16. Successors If to the Local Agency: Don Dunker WELD COUNTY GOVERNMENT PO Box 758 Greeley, Colorado 80632 970-304-6496 ddunker@weldgov.com Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries 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 State and the Local Agency. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Document Builder Generated Page 5 of 7 Rev. 12/09/2016 OLA #: 331002048 Routing #: 20-HA4-XC-00053 Section 18. Governmental Immunity Notwithstanding any other provision of this agreement to the contrary, no term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Agreement Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the agreement shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Document Builder Generated Page 6 of 7 Rev. 12/09/2016 OLA 8: 331002048 Routing 8: 20-HA4-XC-00053 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY WELD COUNTY GOVERNMENT By: Mike Freeman, Chair Title: Board of Weld County Commissioners STATE OF COLORADO S. is V OR O of spottation By Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: Ape \. z c9Zc1 *Signature Date: MAR 3 0 2020 2nd The Local Agency Signature [if Needed] By: Title: *Signature Date: Document Builder Generated Page 7 of 7 Rev. 12/09/2016 cte.01,_ oqq 76) Exhibit A -- Statement of Work 40 COLORADO Department of Transportation 21855 SH52 a WCR37 SOW FOR IGA Scope of Work for IGA Project Code:21855 Project Description: SH52 and WCR37 Intersection Improvement 1. The main scope of project 21855 entails adding auxiliary lanes at the intersection of SH52 and WCR37. Improvement on SH52 involves widening the existing road to include left -turn auxiliary lanes on both direction and a right -turn deceleration lane eastbound. The improvement length of SH52 is about 0.54 mile. CDOT will pay for the improvement cost within SH52 ROW. WCR37 is planned to be widened to accommodate left -turn auxiliary lanes both directions and an acceleration lane southbound. The total length of the widening along WCR37 is about 0.72 miles and Weld county will pay for the cost within WCR37 ROW. Specifically, the improvement on WCR37 includes the following: • The WCR 37 improvements south of SH 52 includes 70' radii, a 12' southbound acceleration lane, 12' through southbound lane, a 16' left turn lane, a 12' northbound lane and include 6' paved plus 1' gravel shoulders. WCR 37 southbound is classified as a collector roadway. • The WCR 37 improvements north of SH 52 includes 70' radii, a 12' southbound lane, a 16' left turn lane, a 12' northbound lane and include 2' paved plus 1' gravel shoulders. WCR 37 northbound is classified as a local roadway. • Cross drainage pipes will be added to convey water from west to east at four locations along WCR37. • WCR37 will be widened to the east side to minimize ROW impact to existing residential properties. As such, the project would need to acquire more ROW along east side of WCR37 and the width is about 30'. Additionally, the proposed 70' radii around corners would also require additional ROW. 2. Weld County contact Project Manager: Don Dunker, P.E. ddunker@weldgov.com 970-304-6496 EXT 3749 3. Project Cost The major costs for WCR37 widening are construction and ROW acquisition. The estimated quantities and construction cost are shown in the table below. Weld County will reimburse CDOT for the cost of the work which is estimated to be $1,994,880.11. Exh. A -- Page 1 of 2 Exhibit A e Statement of Work, Continued •0 CDOT COLORADO Department of Transportation 21855 SH52 a WCR37 SOW FOR IGA ITEM NO. Item Unit WCR37 Total Quantity Engineer Estimate 201 Unit Price Total Price 202-00220 REMOVAL OF ASPHALT MAT SY 10994 10,994 $7.50 $82,455.00 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 9683 9,683 $19.17 $185,623.11 203-00100 MUCK EXCAVATION CY 500 500 $32.00 $16,000.00 203-01500 BLADING HOUR 40 40 $150.00 $6,000.00 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 3846 3,846 $43.00 $165,378.00 403-34851 HOT MIX ASPHALT (GRADING SX)(100)(PG 64-28) TON 2903 2,903 $103.00 $299,009.00 403-33841 HOT MIX ASPHALT (GRADING S)(100)(PG 64-22) TON 4187 4,187 $68.00 $284,716.00 630-00007 TRAFFIC CONTROL INSPECTION DAY 30 30 $225.00 $6,750.00 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 30 30 $750.00 $22,500.00 403-40000 HMA SAFETY EDGE LF 7604 7,604 $0.65 $4,942.60 506-00209 RIPRAP (9 INCH) CY 101 $208.00 $20,987.20 420-00112 GEOTEXTILE (DRAINAGE) (CLASS 1) SY 201 $5.00 $1,006.00 603-01185 18 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE) LF 149 $200.00 $29,800.00 603-02245 30X19 INCH REINFORCED CONCRETE PIPE ELLIPTICAL (COMPLETE IN PLACE) LF 305 $170.00 $51,850.00 603-05018 18 INCH REINFORCED CONCRETE END SECTION EACH 6 $1,003.00 $6,018.00 603-05124 30X19 INCH REINFORCED CONCRETE END SECTION ELLIPTICAL LF 10 $1,329.00 $13,290.00 TRAFFIC CONTROL AND SIGNS AND STRIPING LS 0.5 $179,076.00 EROSION CONTROL LS 0.5 $114,133.08 BIDDABLE TOTAL $1,489,533.99 FORCE ACCOUNTS 700-70016 F/A FUEL COST ADJUSTMENT F A 0.5 0.5 $39,726.17 $19,863.09 700-70019 F/A ASPHALT CEMENT COST ADJUSTMENT FA 0.5 0.5 $101,181.45 $50,590.73 700-70018 F/A ROADWAY SMOOTHNESS INCENTIVE FA 0.5 0.5 $154,000.00 $77,000.00 700-70025 F/A QUALITY INCENTIVE PAYMENT F A 0.5 0.5 $47,790.63 $23,895.32 700-70023 F/A ON-THE-JOB TRAINEE HOUR 250 250.0 $4.00 $1,000.00 700-70380 F/A EROSION CONTROL F A 0.5 0.5 $10,000.00 $5,000.00 F/A Total $177,349.13 BID & NON -BID TOTAL $1,666,883.11 ROW ACQUISITION(DOES NOT INCLUDE SURVEY, PLANS MONUMENTATION AND RECORDING) $327,997.00 TOTAL COST (within WCR37 ROW) N/A $1,994,880.11 Exh. A -- Page 2 of 2 Exhibit B EXHIBIT B LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO COUNTY ROAD 37 AND STATE HIGHWAY 52 INTERSECTION AND AUTHORIZE CHAIR 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 Improvements to the County Road 37 and State Highway 52 Intersection, 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 Colorado Department of Transportation, commencing upon full execution of signatures, and ending December 31, 2029, 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 Improvements to the County Road 37 and State Highway 52 Intersection, 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 Colorado Department of Transportation, 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 30th day of March, A.D., 2020. ATTEST: Weld County Clerk to the Board 9 BY: Z Deputy Clerk to the Board APPRO�D A unty A torney Date of signature: o3/30/2O BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c Mike Freeman, Chair /Lc pity---Levt_c7- Steve 11 oreno, Pro, Tem arbara Kirk. Kevin D. Ross H-vkl 2020-0997 EG0078 Contract Form New Contract Request Entity Information Entity Name* Entity ID* COLORADO DEPARTMENT OF @00003413 TRANSPORTATION ❑ New Entity? Contract Name* Contract ID INTER -GOVERNMENTAL AGREEMENT FOR INTERSECTION 3486 IMPROVEMENTS Contract Status CTB REVIEW Contract Lead* EGREEN Contract Lead Email egreen@coweldco.us Parent Contract ID Requires Board Approval YES Department Project # RC -114 Contract Description* INTER -GOVERNMENTAL AGREEMENT FOR INTERSECTION IMPROVEMENTS - WCR 37 AND SH 52 Contract Description 2 Contract Type* AGREEMENT Amount'' $1994880.11 Renewable* NO Automatic Renewal NO Grant NO IGA YES IGA Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 11/30/2021 Department PUBLIC WORKS Department Email CM- PublicWorksGia weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO. WELD. CO. US Requested BOCC Agenda Date* 03/30/2020 Due Date 03/26/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Termination Notice Period Committed Delivery Date Expiration Date* 12/31/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 03/2512020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03130/2020 Originator EGREEN Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 03126/2020 Tyler Ref # AG 033020 Legal Counsel BOB CHOATE Legal Counsel Approved Date 03(26/2020 Submit MEMORANDUM TO: Clerk to the Board DATE: March 4, 2022 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda- Acceptance of ROW Dedication DOCKET: 2020-0997 CONTRACT ID: 3486 RE: IGA FOR WCR 37/SH52 INTERSECTION IMPROVMENTS Please place the attached Permanent Easement on the consent agenda for acceptance of Public Road Right of Way from Leonard Franklin Thomason and Sheila Rae Thomason by the Weld County Commissioners. G�n OL4J 03/0q/ZZ (.e,! Pte)C—r Ma2az 3/29/ i620 -Cficl1 E Ci 001 4764524 10/11/2021 08:57 AM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County , CO Please return recorded easement to: CDOT RIGHT-OF-WAY 10601 10th Street Greeley, CO 80634 PROJECT NO.: FSA 052A-046 LOCATION: SH 52 & WCR 37 Intersection Improvements PERMANENT EASEMENT NO.: PE -05 PROJECT CODE: 21855 PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Leonard Franklin Thomason and Sheila Rae Thomason of the County of Lane , State of Kansas , Grantor, for an in consideration of the sum of ONE DOLLAR (S1.00), and other valuable consideration, in hand paid by the County of Weld, a political subdivision of the State of Colorado, Grantee, receipt of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant unto the said Grantee, its heirs, successors, and assigns a PERPETUAL EASEMENT on, along, over and across the following described premises, to -wit: See Attached Exhibit "A" dated August 26, 2020 for: Project No.: Permanent Easement No.: Project Code: FSA 052A-046 PE -05 21855 PURPOSE For permanent county roadway widening and associated apprutenances. I Signed this .28 day of SP Je/P,,, r , 2021. onard Franklin Thomason STATE OF *RSGS County of Ian Sheila Rae Thomason ) ss. 4L. The foregoing instrument was acknowledged before me this.2 day ofV, 2021 by Leonard Franklin Thomason and Sheila Rae Thomason. My Commission expires S S Witness my hand and official seal. KZlu2 Pages: 1 of e.00 03/1112 R Fes:$ Weld CounANiii ty CO VIII Carly oppe 10:03 erk AM Recorder, r�`� ll W„� Carly KoPP®raillis, 1 iil�((� Notary Public p 1 of 2 4764524 10/11/2021 08:57 AM Page 2 of 2 EXHIBIT "A" PROJECT NUMBER: FSA 052A-046 PARCEL NUMBER: PE -05 PROJECT CODE: 21855 DATE: August 26, 2020 DESCRIPTION A tract or parcel of land No. PE -05 of the Department of Transportation, State of Colorado Project No. FSA 052A-046 containing 34,073 sq. ft. (0.782 acres), more or less, in Section 06, Township 1 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point within a parcel of land as described in the records of said Weld County dated recorded April 14, 2011, as Reception No. 3762408, whence the West Quarter Corner Bears S. 36°42'23" W., a distance of 96.58 feet, said point being the TRUE POINT OF BEGINNING; 1. Thence S. 88°35'59" W., a distance of 28.01 feet to a point on the to the Easterly Right of Way of County Road 37 and the Westerly line of said parcel; 2. Thence along said Right of Way, N. 00°12'09" W., a distance of 1,216.77 feet to a point on the North line of said parcel; 3. Thence along said North line, N. 88°04'11" E., a distance of 28.01 feet; 4. Thence S. 00°12'09" E., a distance of 1,217.03 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 34,073 sq. ft. (0.782 acres), more or less. The purpose of the above -described Permanent FacPment is for permanent county roadway widening & associated appurtenances. Basis of Bearings: All bearings are based on the West line of the Southwest Quarter of said Section 6, Township 1 North, Range 65 West, of the 6th Principal Meridian being monumented at the Southwest Corner, by a found No. 5 rebar with a 2" aluminum cap in Monument box stamped "TIN R66W 1/6/12/7 1993 R65W 1993 LS2593T' and at the West quarter corner, by a found 3 1/4" aluminum cap in Monument box, Illegible. With a grid bearing between of N. 0°13'31" W., a distance of 2599.12 feet as obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). For and on behalf of the Colorado Department of Transportation Thomas W. Nicholas, PLS 28657 10601 W. 10th Street Greeley, CO 80634 4809374 Pages: 2 of 3 03/11/2022 10:03 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� Irdir PighNid:1O k if I 111111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this ATTEST: day of`// r -e- , 2022. dorrAtiv ihiddosti BOARD OF COUNTY COMMISSIONERS Weld C. my Clerk To the : oard WELD COUNTY, COLORADO BY Deputy Cthe B ir, Board of County Commissioners MAR 0 9 2022 *No Deed of Dedication is valid R��';r'` �:.�`�� oard of County Commissioners pursuant to C.RS. 43-2-201(1)(a). 4809374 Pages: 3 of 3 03/11/2022 10:03 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII l�� Mti 1�91CG�ul�'h�� r� ��Jri! V M y w 11111 020ot0 -x997 MEMORANDUM TO: Clerk to the Board DATE: March 4, 2022 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda- Acceptance of ROW Dedication DOCKET: 2020-0997 CONTRACT ID: 3486 RE: IGA FOR WCR 37/SH52 INTERSECTION IMPROVMENTS Please place the attached Deed of Dedication on the consent agenda for acceptance of Public Road Right of Way from Ray M. Thomason by the Weld County Commissioners. /A -02Z azov, cc: 6-1 5/09/22 Sao -o997 �� oe?� ACCEPTANCE By: Deputy Cl DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 10th day of November, 2021, between Ray M. Thomason (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1Xa), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: [Grantor Name STATE OF COLORADO ) )ss. COUNTY OF WELDI n4 IN ) - The fluegoeng acknowledged before me this Iv day of NI04411Ltr , 2021, by em. Witness my hand and official seal. 4824568 Pages: 1 of 2 05/04/2022 12:53 PM R Fee:$0.00 Carly KOPPe5, Clerk and Recorder, Weld County , CO VIII �U��1yLMaal�l�h'I�h� EJi� �'ri ti «!�� dpi ��li4�h 11111 The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1Xa). Dated this D2 /day of ATTEST: .d4: „ttov • ' Weld ' /Clerk to �the air4re 41, j to th Bob, , 207,x, BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ir, Board of County Commissioners *No Deed of Dedication is valid 43-2-201(1)(a). County Commissioners pursuant to C.R.S. EXHIBIT "A" PROJECT NUMBER: FSA 052A-046 PARCEL NUMBER: PE -01 PROJECT CODE: 21855 DATE: August 26, 2020 DESCRIPTION A tract or parcel of land No. PE -01 of the Department of Transportation, State of Colorado Project No. FSA 052A-046 containing 4,860 sq. ft. (0.112 acres), more or less, in Section 06, Township 1 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point, whence the West Quarter Corner Bears N2°44'18"W, a distance of' 1299.97 feet, said point being a point on the North line of a parcel as described in the records of said Weld County dated November 22, 1974, at Reception No. 1648986, also being the TRUE POINT OF BEGINNING; 1. Thence S. 00°13'31" E., a distance of 180.00 feet; 2. Thence S. 88°55'58" W., a distance of 27.00 feet to a point on the Westerly line of the current Right -of -Way of Count Road 37; 3. Thence along said Right -of -Way, N. 00°13'31" W., a distance of 180.00 feet; 4. Thence leaving said Right -of -Way, N. 88°55'58" E., a distance of 27.00 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 4,860 sq. ft. (0.112 acres), more or less. The purpose of the above -described Permanent Easement is for permanent county roadway widening & associated appurtenances. Basis of Bearings: All bearings are based on the West line of the Southwest Quarter of said Section 6, Township 1 North, Range 65 West, of the 6th Principal Meridian being monumented at the Southwest Corner, by a found No. 5 rebar with a 2" aluminum cap in Monument box stamped "T1N R66W 1/6/12/71993 R65W 1993 LS25937" and at the West quarter corner, by a found 3 1/4" aluminum cap in Monument box, Illegible. With a grid bearing between of N. 0° 13'3 1" W., a distance of 2599.12 feet as obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). For and on behalf of the Colorado Department of Transportation Thomas W. Nicholas, PLS 28657 10601 W. 10th Street Greeley, CO 80634 4824568 Pages: 2 of 2 05/04/2022 12:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIIIIIIIIIINCNIMI#704 fly kiddilli4'lirM,+Ai 11111 Cheryl Hoffman From: Sent: To: Subject: Attachments: Tiffane Johnson Friday, April 22, 2022 1:14 PM Cheryl Hoffman FW: Acceptance of Public ROW for Consent Agenda Right of Way Acceptance for BOCC_Thomason Leonard.pdf; Right of Way Acceptance for BOCC_Thomason Ray.pdf I am forwarding the original email. I sent them both the same day so this is weird, it looks like one made it and one did not. Anyway if you can get it on the next agenda that would be appreciated I don't have originals only electronic and attached is it. The ROW was acquired by CDOT staff. ThfranP.,jol noon. WelcbCctu.stty Publfawarks- 1111 If Street P.O. 8oyv 758 Greeley, CO 80632 -0758 (970) 400-3766 tvj ivmon@welditov.cony Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tiffane Johnson Sent: Friday, March 4, 2022 4:49 PM To: CTB <CTB@co.weld.co.us> Subject: Acceptance of Public ROW for Consent Agenda Please place these on the next available consent agenda for the BOCC acceptance. These are Deeds that were acquired by CDOT staff to fulfill and IGA between Weld County and Colorado Department of Transportation (Docket 20200997). Thanks, Tiffane ryf rune., joiinso v We2c1. Public'Works, 1111 If Street P.O. Bax, 758 Greeley, CO 80632 -0758 (970) 400-3766 tvjohniso-vt@vvelciftov.com. 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 MEMORANDUM TO: Clerk to the Board DATE: April 22, 2022 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda- Acceptance of ROW Dedication DOCKET: 2020-0997 CONTRACT ID: 3486 RE: IGA FOR WCR 37/SH52 INTERSECTION IMPROVMENTS Please place the attached Deed of Dedication on the consent agenda for acceptance of Public Road Right of Way from Ruth E. Brewer by the Weld County Commissioners. Oy/Z-1/Z2 a6; ygver0 it/027/.2O9- 5/0°lft2- EC-, 001'3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of p".:rih , 2022, between Ruth E. Brewer (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(t)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Ruth E. Brewer STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 4824569 Pages: 1 of 2 05/04/2022 12:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co 11111Orii lr 1/441I14:l14 Mir R1401 4 11111 The foregoing instrument was acknowledged before me this D day of r , 2022, by Ruth E. Brewer. AMBER A HOLBROOK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134037310 My Commission Expires 8ap..n r 11, 2025 ACCEPTANCE Witness my hand : nd o i icial seal. Notary Public The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated thisp / day of , 2022. ATTEST: dezofeti , eL• Weld +un Clerk to the Boa By: Deputy Cler) to the oar *No Deed of Dedication is valid 43-2-201(1)(a). BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ha , Board of County Commissioners County Commissioners pursuant to C. R.S. OZo020- 0q97 EXHIBIT "A" PROJECT NUMBER: FSA 052A-046 PARCEL NUMBER: PE -03 PROJECT CODE: 21855 DATE: August 26, 2020 DESCRIPTION A tract or parcel of land No. PE -03 of the Department of Transportation, State of Colorado Project No. FSA 052A-046 containing 44,098 sq. R. (1.012 acres), more or less, in Section 06, Township 1 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado. said tract or parcel being more particularly described as follows: Commencing at a point within a parcel of land as described in the records of said Weld County dated November 8, 2010, at Reception No.37301152, whence the West Quarter Corner Bears N32°22'58"W, a distance of 125.94 feet, said point being the TRUE POINT OF BEGINNING; 1. Thence S. 00°13'31" E., a distance of 1,191.94 feet to a point on the South line of said Parcel; 2. Thence along said South Line, S. 88°55'58" W., a distance of 37.00 to a Point on the Easterly Right -of -Way of Count Road 37; 3. Thence along said Right -of -Way, N. 00°13'31" W., a distance of 1,191.72 feet; 4. Thence leaving said Right -of -Way, N. 88°35'59" E., a distance of 37.01 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 44,098 sq. ft. (1.012 acres), more or less. The purpose of the above -described Permanent Easement is for permanent county roadway widening & associated appurtenances. Basis of Bearings: All bearings are based on the West line of the Southwest Quarter of said Section 6, Township 1 North, Range 65 West, of the 6th Principal Meridian being monumented at the Southwest Corner, by a found No. 5 rebar with a 2" aluminum cap in Monument box stamped "TIN R66W 1/6/12/71993 R65W 1993 LS25937" and at the West quarter corner. by a found 3 1/4" aluminum cap in Monument box, Illegible. With a grid bearing between of N. 0°13'31" W., a distance of 2599.12 feet as obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). For and on behalf of the Colorado Department of Transportation Thomas W. Nicholas, PLS 28657 10601 W. 10th Street Greeley, CO 80634 4824569 Pages: 2 of 2 05/04/2022 12:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co VIII FAR II II MEMORANDUM TO: Clerk to the Board DATE: April 22, 2022 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Consent Agenda- Acceptance of ROW Dedication DOCKET: 2020-0997 CONTRACT ID: 3486 RE: IGA FOR WCR 37/SH52 INTERSECTION IMPROVMENTS Please place the attached Deed of Dedication on the consent agenda for acceptance of Public Road Right of Way from Ruth Elaine Brewer and Ray Marvin Thomason by the Weld County Commissioners. enA2-e-A-t- *-0LI-°2-2' eG: .(ii) .1,f) it/a7 a-2- 5 /oct /22 o20z - 0997 6g -bb 7s1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this $ day of F-63 , 2022, between Ruth Elaine Brewer and Ray Marvin Thomason (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Ruth Elaine Brewer STATE OF COLORADO COUNTY OF WELD ) ss. GRANTOR: Ray in Thomason The foregoing instrument was acknowledged before me this by Ruth Elaine Brewer and Ray Marvin Thomason. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134037810 yy pdnrnisden Exploit September D, 2028 t73 day of Witness my hand n cJ Notary Public , 2022, re,k icial seal. ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated thisot/ day of ATTEST: dakti Weld C rn Clerk to the Boa By: *No Deed of Dedication is vali 43-2-201(1)(a). 2022. BOARD OF COUNTY COMMISSIONERS WELCOUNTY, COLORADO hair, Board of County Commissioners d of County Commissioners pursuant to C.R.S. o o — m�� m •3 �. NI`� m 4 -4;-o OYL LLv NE 'cc a — a * a' ▪ in f. 0..10 No N Nm Nm GNo Kr. x•- N•-• EXHIBIT "A" PROJECT NUMBER: FSA 052A-046 PARCEL NUMBER: PE -07 PROJECT CODE: 21855 DATE: August 26, 2020 DESCRIPTION A tract or parcel of land No. PE -07 of the Department of Transportation, State of Colorado Project No. FSA 052A-046 containing 21,840 sq. It. (0.501 acres), more or less, in Section 06, Township I North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point, whence the West Quarter Corner Bears S. 2°21'48" W., *distance of 1295.55 feet, said point being a point on the South line of a parcel es described in the records of said Weld County dated September 28, 2001, at Reception No. 2887704 said point also being the TRUE POINT OF BEGINNING; 1. Thence along said South line, S. 88°04'11" W., a distance of 28.01 feet to a point on the East Right -of -Way of County Road 37; 2. Thence along said Right -of -Way, N. 00°12'09" W., a distance of 780,00 fret; 3. Thence leaving said Right -of -Way, N. 88°04'1 l"E., a distance of 28.01 feet; 4. Thence S. 00°12'09" E., a distance of 780.00 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 21,840 sq. ft. (0.501 acres), more or less. The purpose of the above -described Permanent Easement is for permanent county roadway widening it associated appurtenances. Basis of Bearings: All bearings are based on the West line of the Southwest Quarter of said Section 6, Township 1 North, Range 65 West, of the 6th Principal Meridian being monumented at the Southwest Corner, by a found No. 5 rebar with a 2" aluminum cap in Monument box stamped "TIN R66W 1/6/12/71993 R6SW 1993 LS25937" and at the West quarter corner, by a found 3 1/4" aluminum cap in Monument box, Illegible. With a grid bearing between of N. 0°13'31" W., a distenee of 2599.12 feet as obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). For and on behalf of the Colorado Department of Transportation Thomas W. Nicholas, PLS 28657 10601 W. 10th Street Greeley, CO 80634 4824570 Pages: 2 of 2 05/04/2022 12:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO kIiMI' 1111 Hello