HomeMy WebLinkAbout20162516.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONCRETE DITCH
REMOVAL AND 24" RCP STORM DRAIN INSTALLATION WITH FOUR (4) INLETS
AND AUTHORIZE CHAIR TO SIGN - RE -3J WELD CENTRAL SCHOOL DISTRICT
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
Concrete Ditch Removal and 24" RCP Storm Drain Installation with Four (4) Inlets 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 RE -3J Weld Central School District,
commencing upon full execution of signatures, and ending December 31, 2016, 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 Concrete Ditch Removal and 24"
RCP Storm Drain Installation with Four (4) Inlets 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 RE -3J Weld Central School District, 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 3rd day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to tt}r Board
flair/co) c -C(fo%4
Sean P. Conway, Pro-Tem
BY:
EXCUSED
lie A. Cozad
AP
ounty Attorney
Date of signature:
teve Moreno
cc: PW(r-ciOn)
2016-2516
EG0073
MEMORANDUM
TO: Clerk to the Board DATE: July 26, 2016
FROM: Duane Naibauer, Public Works Department
SUBJECT: Agenda Item
Intergovernmental Agreement for Concrete Ditch Removal and 24" RCP Storm Drain Installation
with Four Inlets with RE -3J Weld Central School District.
M \FrancielAGENDA memosMAguda-Duane.doc
2016-2516
$'3
INTERGOVERNMENTAL AGREEMENT FOR CONCRETE DITCH REMOVAL AND 24"
RCP STORM DRAIN INSTALATION WITH FOUR INLETS BETWEEN WELD COUNTY
AND Rt -2J WELD CENTRAL SCHOOL DISTRICT THIS AGREEMENT is made and
entered into this a5 day of 41.1 , 2016, by and between the COUNTY OF
WELD, COLORADO, by and through the Weld County Board of Commissioners (hereinafter
"Weld County"), and RE -3J Weld Central School District.
RECITALS
WHEREAS, the parties, both have an interest in the removal of existing concrete ditch
and the installation 24" RCP storm drain with inlets; and
WHEREAS, the parties have the authority to enter into agreements for the protection and
preservation of the public health and as may be necessary for the acquisition of equipment, and
for the provision of services; and
WHEREAS, Weld County and RE -3J are authorized to enter into this Agreement
pursuant to § 29-1-203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter.
NOW, THEREFORE, in consideration of the following mutual agreements and
covenants, Weld County and the RE -3J hereby agree as follows:
1. Agreement: The terms of this Agreement are outlined below, and include the project
scope of work which is attached hereto as Exhibit A and hereby incorporated by
reference. This is the entire agreement.
2. Description of Project: Weld County will pay the upfront cost of the project at Weld
Central Middle School. RE -3J School District agrees to repay the county, in one
installment at the completion of project, subject to RE -3J School District annually
appropriating sufficient funding for such installment. Thus, assuming adequate funding
has been appropriated; RE -3J School District agrees to make payment beginning on the
execution of this agreement by both parties; with the final installment due in 2016. The
maintenance cost is $26,140.00. The County is assuming full ownership of the storm
drain, and shall be responsible for all oversight and coordination of all construction and
maintenance of said storm drain. RE -3J School District will be responsible for seeding
and maintenance of surface over said storm drain.
3. Term: The Agreement becomes effective upon signature of the Weld County Board of
County Commissioners. The agreement shall continue to end of year 2016. It may be
reviewed annually by both parties.
4. Termination: Each party has the right to terminate this agreement, with or without
cause, upon ninety (90) days written notice. Notwithstanding the preceding sentence, in
the event that RE -3J fails to appropriate sufficient funds to satisfy its payment obligations
under Section 2 of this Agreement, either party shall have the right to terminate this
Agreement as of the end of the fiscal year in which sufficient funds have been
appropriated and budgeted by RE -3J. In the event that funding is not appropriated in a
given year, RE -3J agrees to seek the additional funding necessary in subsequent years to
pay the balance of the loan off on schedule. The failure to appropriate funds in any given
year does not relieve RE -3J of the obligation to pay the loan amount in full. If the
agreement is terminated at any time, RE -3J is obligated to immediately pay the remaining
balance in full.
5. Modification: Any amendments or modifications to this agreement shall be made in
writing and signed by all parties.
6. Indemnity: To the extent permitted by law, each party agrees to indemnify, defend, and
hold the other, its officers, employees, and agents, harmless from and against any and all
claims, suits, expenses, damages, or any injury to persons, entities, or property arising
from any and all acts, omissions, or failure to act during the provision of services by the
County pursuant to this Agreement.
7. Non -Liability: The parties agree that in no event shall Weld County be liable due to any
stoppage, delay, or any impairment in the construction or operation of the tower pursuant
to this Agreement where such stoppage, delay, or impairment result from acts of God,
fire, war, legal or equitable proceeding, or any other cause which is outside the control of
the County.
8. Governmental Immunity: No portion of this Agreement shall be deemed a waiver,
express or implied, of any immunities, rights, benefits, protections, or other provisions
which a party, or its officers, employees, or agents, may possess pursuant to the Colorado
Governmental Immunity Act § 24-10-101, et seq., C.R.S., as applicable now or hereafter
amended.
9. Choice of Law/Venue/Compliance with Law: Colorado law, and rules and regulations
established pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void.
The proper venue for any action regarding this agreement shall be Weld County. All
parties agree to comply with any applicable federal, state, or local laws, rules, and
regulations.
10. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this
Agreement is for any reason held or decided to be invalid or unconstitutional, such a
decision shall not affect the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or
more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared
to be unconstitutional or invalid.
11. 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 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.
12. Confidentiality: Each party agrees to abide by the terms of C.R.S. 24-72-201, et seq.
Each party shall be responsible for protecting the confidential information of its citizens,
and shall follow commonly accepted procedures and standards for maintaining such
confidentiality.
13. Employee Financial Interest/Conflict of Interest: The signatories to this Agreement
aver that to their knowledge, no employee, officer, or agent of any included party has any
personal, beneficial interest whatsoever in the distribution of the funds that are the subject
matter o:Ethis Agreement. No party's employee, officer, or their immediate family shall
benefit financially from this Agreement or the distribution of the available funds.
14. Fund Availability: Nothing in this Agreement shall be construed to require the Weld
County Board of County Commissioners to provide funding for any purpose under this
Agreement that has not previously been budgeted.
15. Notice: Each party shall designate a representative, who shall make, within the scope of
his or her authority, all necessary decisions with respect to this Agreement. This
representative also shall serve as the contact point for communications regarding this
Agreement.
16. Permissions: RE -3J School District is responsible for obtaining and maintaining any
permissions, permits, regulatory or other legal compliance to include, though not limited
to, any water rights, construction permits, utility easements, or other necessary
permissions.
ATTEST: d..1,e o;‘,4„
Weld u _ Clerk to the B • and
BY:
Deputy Clerk : the B
Electedial or Department Head
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair AUG 0 3 2016
APPROVED A
RE -3J School District
By 7 JS�i V
Sun
ATTE
n dant
5
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44.014++
ST
Secretary
(SEAL)
Date
ate
CE:
Exhibit A:
Scope of work agreement: Weld County and RE -3J School District
1. Weld County will remove existing concrete ditch, asphalt on back slope, asphalt
driveway and driveway culvert in existing north access.
2. Weld County will install 650 ft of 24" RCP culvert, drain inlets, attach 24" RCP to north
end of existing 24" RCP in south driveway, attach 24" RCP to manhole on north end of
project and pave back access driveway on north end of project approximately 75 ft
south of Hwy 52.
3. RE -3J will supply surface material (dirt or top soil) to cover 24" RCP storm drain to create
the swale to direct surface water from CR59 and school districts parking lot into drain
inlets.
4. RE -3J will be responsible for the seeding, reclamation and maintenance of swale on west
side of CR59.
,�,BOCC STAFF USE
Date Set:.44119,s 6Time: el = 40,4.,of
BOARD OF COUNTY COMMISSIONERS
WORK SESSION COVER LETTER
Depar tment/Office: Public Works
Date:03/31/16
Persoi t requesting work session: Curtis Hall Extension: 3721
Has yc Ric commissioner coordinator/BOCC chair approved the work session?
X ' (es, commissioner coordinator
yE :s, B0CC chair
Recon mended length of time needed for discussion:
151 ninutes X 20 minutes 30 minutes other (list)
In add ition to yourself and the board, please list who should attend:
Jay Mc Donald, Janet Lundquist, Elizabeth Relford, Duane Naibauer, Don Dunker, Bryan Garcia
Brief ( Iescription of the issue: &ukase select one) Lllnformationai only "'Action needed
Locatic n - CR59 South of State Hwy 52 "Weld Central Middle School"
The scl tool district approached WCPW about removing the cement ditch on the East side of the
Weld C entral Middle School and replacing it with a storm drain. The school district has a bond
that wa s approved to participate in replacement of the existing concrete ditch. The right of way
has bee a checked and the cement ditch and asphalt back slope to curb is in Weld County ROW.
The dit th needs some cement repair maintenance and there is a driveway culvert that needs to be
replace I with the cost estimate for Weld County to be about ten thousand dollars. If we do a cost
share p: 'oject with the school district we would eliminate these repairs and future repairs that are
needed to the cement ditch. After installation of the new storm drain the school district would
place tc ►psoil and seed this area with grass to match existing lawn area. The maintenance of the
new gn ss area would be taken care of by the school district with their current mowing operations.
All ma erials for this project would be paid for by the school district with a cost estimate of
$19,660.00, labor and equipment would be the responsibility of WCPW.
Materials list: 18" RCP 650ft @ 19.64/ft
3 Inlet Structures @ $2,000.00 ea
Class 6 Base 120 ton @ $7.50/ton
$12,766.00
$6,000.00
$900.00
Weld C Aunty Public Works would do the removal of cement, asphalt and installation of storm
drain with an estimate of labor and equipment at $32,283.00
BOARD CHAIR USE
ResultsOutcomes:
BOCC STAFF USE
Date Set: Time:
Options for the board:
The board may either approve or deny request.
Recommendation to the board:
Public Work! recommend's that we do this project to forgo existing repairs that need to be done
to cement ditch, driveway culvert replacement and future repairs and/or replacement of the
existing cement ditch.
MA' Administration\Forms\WorkScssion-coverdept.doc
BOARD CHAIR USE
Results/Outcomes:
i
Weld County / RE -3 Keensburg
Joint Project Cement Ditch Removal & Storm Drain Installation
RE -3 Materials Cost Est.
Cost
1814 RCP 650ft @ $19, 64/ft
12, 766.00
3 Inlet
Structures @ $2,00.00/ea
6,000.00
Class 6 Base 120 ton @ $7.50/ton
900.00
RE -3 Materials Cost Est. Sub total
19,666.00
W. C. Equipment & Labor Est. Cost
32,283.00
Est.
Total Project Cost
51,949.00
Weld
County
Cement Ditch Removal
& Cement Ditch Replacement
W.C. Cost Est.
Cost
Contractor Cement Ditch 650 lin. ft @ $60.00/lin. ft
39,000.00
W. C. Equipment & Labor Est. Cost
10,00.00
Total
49,000.00
Weld County
Curent Cement Ditch repair & Culvert Replacement
W.C. Cost Est.
Cost
18" RCP Culvert Replacement
4,500.00
Contractor Cement Ditch 250 lin. ft @ $60.00/lin.
ft
15,00.00
Total
19,500.00
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