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Home My WebLink About20173829.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR SCOUR REPAIRS TO BRIDGE 2/25A (AKA ADAMS COUNTY BRIDGE ADA168-12.05070) OVER THE SOUTH PLATTE RIVER AND AUTHORIZE CHAIR TO SIGN - 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 Scour Repairs to Bridge 2/25A (Aka Adams County Bridge ADA168-12.05070) over the South Platte River 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 Adams County, commencing upon full execution of signatures, with further terms and conditions being as stated in said Intergovernmental Agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 Scour Repairs to Bridge 2/25A (Aka Adams County Bridge ADA168-12.05070) over the South Platter River 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 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 intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of November, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD CO NTY, COLORADO ATTEST: datite4) Weld County Clerk to the Board BY: utY Clerk to the Board AP D AS County Attorney Date of signature: I a l S f (7 Ju ie A. Cozad, Chair Steve Moreno, Pro-Te c�— Sean P. Conway arbara Kirkmeyer Cc. :Pt -Ai COOS Ga C$G) 0111€0/143- 2017-3829 EO0074 MEMORANDUM TO: Esther Gesick, CTB DATE: October 30, 2017 FROM: Don Dunker, P.E., Public Works SUBJECT: IGA for Scour Repairs to Weld County Bridge No. 2/25A (AKA Adams County Bridge No. ADA168-12.05070) Over the South Platte River Please place the attached Intergovernmental Agreement on the BOCC Agenda. On Monday, October 30, 2017, the BOCC approved the placement of the attached IGA on their agenda. This agreement outlines the responsibilities and costs of both Adams County and Weld County for repairs that are needed on bridge BR2/25A over the South Platte River. The bridge is located on CR 2 between Highway 85 and CR 23. The roadway and bridge are maintained by Adams County through another IGA. The bridge is in need of scour repairs resulting partly from the 2013 floods. Weld County's proportional share of the repairs are 34.9%, not to exceed $150,000. Adams County's proportional share of the repairs are 34.9%, not to exceed $150,000. CDOT's proportional share of the repairs are 30.2%. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. Once the agreements have been signed, please send an original to me so that I can provide it to Adams County for their signature. Page 1 of 1 M:\Active Projects\Bridge 2-25A\CTB Memo for BR2-25A 1GA.docx 2017-3829 &oaTtf BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Intergovernmental Agreement for Scour Repairs to Weld County Bridge No. 2/25A (AKA Adams County Bridge No. ADA168-12.05070) Over the South Platte River DEPARTMENT: Public Works DATE: 10/23/17 PERSON REQUESTING: Don Dunker Brief description of the problem/issue: The Intergovernmental Agreement for Scour Repairs to Weld County Bridge BNo.2/25A (AKA Adams County Bridge No. ADA168-12.05070 over the South Platte River between Weld County and Adams County is attached and has been reviewed by the County Attorney's Office. (See attached.) In a prior work session June 21, 2017, the BOCC instructed Public Works to draft an agreement with the Attorney's Office and to ensure Weld County and Adams County would pay their proportional share of 34.9% of the actual costs and Weld County's proportional share would not exceed $150,000. (See attached.) What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. The Board agrees to enter into an agreement with Adams County for Weld County's proportional share of major construction improvements per the MOU. 2. The Board does not want to enter into an agreement with Adams County for Weld County's proportional share of major constriction improvements per the MOU. 3. The Board could request staff to schedule a work session with the BOCC for further discussion. Recommendation: Staff recommends approving the relocation agreement as presented. Approve Recqtmmendation Julie A. Cozad, Chair Steve Moreno, Pro-Tem Mike Freeman Sean P. Conway Barb Kirkmeyer Schedule Work Session Other/Comments: A...s __w.....NIP . Vt INTERGOVERNMENTAL AGREEMENT FOR SCOUR REPAIRS TO WELD COUNTY BRIDGE NO. 2/25A (AKA ADAMS COUNTY BRIDGE NO. ADA168-12.05070) OVER THE SOUTH PLATTE RIVER THIS AGREEMENT made and entered into this �/ day of , 2017, by and between the County of Adams, State of Colorado, by and through the Board of County Commissioners of the County of Adams, Colorado whose address is 4430 South Adams County Parkway, Colorado 80601, hereinafter referred to as "ADAMS COUNTY", and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, hereinafter referred to as "WELD COUNTY." WITNESSETH: WHEREAS, ADAMS COUNTY and WELD COUNTY share jurisdiction of Weld County Road 2 / East 168th Avenue as it crosses over the South Platte River, and WHEREAS, WELD COUNTY refers to this bridge over the South Platte River as Weld County Bridge No. BR 2/25A, and WHEREAS, ADAMS COUNTY refers to this bridge over the South Platte River as Adams County Bridge No. ADA168-12.05070, and WHEREAS, for purposes of this AGREEMENT, this bridge is hereinafter referred to as "SPR Bridge", and WHEREAS, ADAMS COUNTY has entered into a contract for SPR Bridge scour repairs due to the September 2013 flood for permanent repairs, task order number 20080PR2A with the Colorado Department of Transportation (CDOT), who has agreed to fund 30.2% of the project costs with Permanent Repair Flood Recovery funds. Therefore, WELD COUNTY and ADAMS COUNTY wish to fund the remaining 69.8% of the project costs, and share the costs of such improvements equally, with WELD COUNTY paying 34.9% of project costs, not to exceed $150,000, and ADAMS COUNTY paying 34.9% of project costs, and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of defining their relative roles and responsibilities regarding the completion of this project, and WHEREAS, both parties are authorized to enter into intergovernmental agreements with one another, pursuant to C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2) (1), for the purpose of achieving greater efficiencies for the provision of services to the public. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. DESCRIPTION OF IMPROVEMENTS: The existing SPR Bridge has piers and abutments with scour damage. These damages were noticed before the September 2013 flood in which ADAMS COUNTY sent out a Request for Proposal (RFP) for the bridge scour repair assessment. The RFP proposals were due back to ADAMS COUNTY on September 24, 2013 however, the September 2013 flood occurred prior to that date. The goal of the scour repair is to prevent further scour damage from occurring during high river flows, thereby enabling the piers and abutments to remain functional for the remainder of the life of the bridge. The total estimated cost of the improvements is approximately $126,561.53. ADAMS COUNTY has requested each entity budget $150,000, in Page 1 of 3 ,e0/7_ the case that costs increase due to the work occurring within the river floodway. However, WELD COUNTY shall only be obligated to pay for the actual project costs not to exceed $150,000. Per the Memorandum of Understanding (MOU) between WELD COUNTY and ADAMS COUNTY, dated April 7, 2014, ADAMS COUNTY has maintenance responsibilities for the section of road within which the structure is situated (see "EXHIBIT -A PG. 2 of 5", attached hereto). Therefore, ADAMS COUNTY shall act as project engineer and manager and shall develop a scope of work with estimated cost for the work which estimate shall be provided to the other Party (WELD COUNTY). 2. DESIGN OF IMPROVEMENTS: ADAMS COUNTY agrees to be the lead agency with regard to design and to contract with an independent consultant to prepare all design drawings, contract documents, and exhibits necessary for this project. Both parties agree that the Weld County Public Works Department and the Adams County Public Works Department shall confer and agree to the final design of the improvements before the project is advertised for bids and construction begins. WELD COUNTY agrees to reimburse and pay ADAMS COUNTY for 34.9% of the actual project costs. 3. RIGHT-OF-WAY ACQUISITION: ADAMS COUNTY agrees to be the lead agency with regard to right-of-way acquisition and to contract with an independent consultant to provide assistance in acquiring all the rights -of -way and easements necessary for this project. ADAMS COUNTY shall have the full authority to execute all documents associated with acquiring the necessary rights -of - way on behalf of either jurisdiction, except that WELD COUNTY shall have authority to accept any deed of dedication of additional right-of-way within the boundaries of WELD COUNTY. CDOT Permanent Repair Flood Recovery project funds can be used for this purpose, following the "Uniform Act" requirements set forth by the federal government. WELD COUNTY agrees to reimburse and pay ADAMS COUNTY for 34.9% of the actual acquisition costs. 4. EMINENT DOMAIN PROCEEDINGS: If, after discussions with the owners of the necessary additional rights -of -way identified for acquisition, such discussions are of no avail, both parties hereto shall consult with one another to determine if eminent domain proceedings are necessary. 5. CONSTRUCTION OF IMPROVEMENTS: ADAMS COUNTY agrees to be the lead agency with regards to administrating the construction of the improvements for this project, including advertising the project for construction bids and awarding a construction contract. Upon opening and reviewing the bids received for construction, the Adams County Public Works Department and Weld County Public Works Department shall confer and both agree before determining that the low bid is reasonable and that the project should move forward before a construction contract is awarded. Once a construction contract is awarded, ADAMS COUNTY shall have full authority in all contractual arrangements during the completion of this project. ADAMS COUNTY shall also be responsible for inspecting the construction of the improvements. ADAMS COUNTY, at its discretion, may contract with a private consultant to complete the field inspection and materials testing for this project. WELD COUNTY agrees to reimburse and pay ADAMS COUNTY for 34.9% of actual construction costs. 6. REIMBURSEMENT OF PROJECT COSTS: ADAMS COUNTY agrees to provide WELD COUNTY with copies of all invoices associated with the design, right-of-way acquisition, construction, and inspection of this project. WELD COUNTY agrees to reimburse ADAMS COUNTY for 34.9% of all the aforementioned project costs within 60 days of receipt of each invoice. The total project costs (refer to "EXHIBIT B ENGINEER'S ESTIMATE OF PROBABLE COSTS", dated 23 -Dec -16, attached hereto) shall be divided as follows: • CDOT PERMANENT REPAIR FLOOD RECOVERY Funds (30.2%) = $38,221.49 • Adams County Funds (34.9%) = $44,169.87 • Weld County Funds (34.9%) = $44,169.87 Page 2of3 7. ENTIRE AGREEMENT: This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors ands assigns of said parties. 8. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees possess, nor shall any portion of this agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 9. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: 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 undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the 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 incidental beneficiary only. 10. FUND AVAILABILITY. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by either party does not create an obligation on the part of either party to expend funds not otherwise appropriated in each succeeding year. 1 1. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 12. ATTORNEYS FEES / LEGAL COSTS. In the event of a dispute between the parties concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: ADAMS COUNTY Clerk to the Board ADAMS COUNTY, COLORADO By..fr ~ 'l)1‘, f' Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS ATTEST: dttilalti 00e 'cok. WELD COUNTY Clerk to the Board APPROVED AS TO FORM OUNTY ,4TTORIEY B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2Zo /7-,3icl `l 6) ENGINEER'S ESTIMATE OF PROBABLE COSTS URS (AECOM) PREPARED BY: McKAY ROAD OVER SOUTH PLATE RIVER - BRIDGE SCOUR PROJECT NAME URS/AECOM PROJECT # ADAMS COUN 1Y PROJECT 4 IMP U 2015-00004 FEDERAL AID PROJECT NO ER C120-025 TOTAL COST ADAMS COUNTY QUANTITY=78.336 $tHHHttU!U*VIH 888 ken ��s4A. rt IN h a N in N e-i N ri RT 'N tO 1!1 N p N Ui O iD tl1 t� V1 U} in V1 t1) 1/1 UII lA r4 N 4/1 N 1n to- r4 Ti V1 t!1 VT w e 8 8 8LS8:in'8888888888884Li- Li - 3 Nv100rl��a.0coLelet manc�01 0 01 01001 VI 0C 41% re e-i ri i!> ri' In N r l 4-1 r. v1 tG tit r+ r11 tO' CV t/1t t/1- to 411 tf► v1 to th t4 ri r♦ V1 ei N to CO r, $98,962.56 S126,561.53 Fa�OS�Cok'8O8p848Q88888888.8rIOOC �». cii Ste U 90 N m m el el 00 ct .?�1 O' �i /r-/ t0 o s°s�Q� © L 8 al 0m1 IT 4:1 CO N to m in v1 ;n in t!1 N LO tD m M 00 el CO d tl1 el 31 in �n to 5/1-V1 IA ch v1 to to to vii ten tTr' to V1 tnre; 4.01bah h +n 46 888888888 N tj? vim► d tb 0 0 0 4r to r i 1D '4n ul N O W r -Ii 1/l to t" t!1 V► in 888884 Ln vs -11% AQ 13/4, O vr+ Vs VF u1 O 0 O O O O 0 O O O g g g g t/1 N O O0 O N to in N in tf . in re Ct a1 h m 33 CO m0 N tLO N ft7 tri rI ID N LA 00 CO 00 00 u6 C7 R Ili ei ^ r• N 06 h ri in ry r„ O 01 to N N N N N '-1 N cc) ri M O O g O ri ct 00 m m to r, d1 r' O 4 a O Na ri 0 . O r. .-i O ri O1 tD r i i'►1 O+ tr1 ni tta O ta r` N 1/4O N 4 N rS co N N tt 00 W t]0 r`• t� cn ri rV r N N 1 r1 V m N U {7 e1 cn f-4 N O O O es- ri r4 a o C fr-j re tll :u � Met U 6 1 to a a CONTRACT ITEM UNCLASSIFIED EXCAVATION (SPECIAL) ALTER MA-rER1AL (SPECIAL) SILT FENCE (REINFORCED) VEHICLE TRACKING PAD (CONSTRUCTION ENTRANCE) 20B-00070 EROSION CONTROL SUPERVISOR 8 ry CO d fV WETLANDS CONSTRUCT ON ENTRANCE 208-00 10: >3 Q Z 2 2 WW uJ W .n in 9 ri H ri .-i O N N N CO m to N 4 a rl 0 cc cc D 3 'n n > 0 0 tfl MULCHING (WEED FREE HA N 0 m r! MULCH TACKII`IER 'r rt tf1 fl rV WILDLIFE BIOLOGIST REMOVAL OF NESTS 2 240-00020 GEOTEXTILE (SEPARATOR) (CLASS 2) t11 N N N N Fr1 N N N N O r♦ O O Q O ri ri e1 rt J J J CL 607• 11525 CONSTRUCTION SURVEYING MOS1LZQTION C7 t3 CC g 9 9 al co IN N +ti to TRAFFIC CONTROL 530-10005 r"/A EROSION CONTROL 700-703SC SU 6 -TOTAL CONTINGENCY (15%) J 0 Hello