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Home My WebLink About20141085.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SHARED MAINTENANCE OF EAST 168TH AVENUE AND COUNTY ROAD 2 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 a Memorandum of Understanding for the Shared Maintenance of East 168th Avenue and County Road 2 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 County of Adams, State of Colorado, by and through the Board of County Commissioners of Adams County, commencing upon full execution of signatures, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for the Shared Maintenance of East 168th Avenue and County Road 2 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 County of Adams, State of Colorado, by and through the Board of County Commissioners of 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 memorandum of understanding. 92/IQ/MO CC:PO O 0-,id, ER,WH) Janet £19.14 g zop/ 2014-1085 EG0070 APPROVE MEMORANDUM OF UNDERSTANDING FOR SHARED MAINTENANCE OF EAST 168TH AVENUE AND COUNTY ROAD 2 -ADAMS COUNTY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dais& Doug* Radema her Chair Weld County Clerk to the Board , �\ ♦ arbara Kirkmeye,, Pro-Tem BCRa�an1a 9 QnnM/ `� ��` De ty Clerk to the B.P. 1861 �� 1p=can P. Conway AP ED ORM:%C Rs tc�nw_ ®( r -We Mike m my Attorney t William . arcia Date of signature: el'ILo.ley 2014-1085 EG0070 MEMORANDUM v � DATE: March 14, 2014 TO: Board of County Commissioners FR: David Bauer, Wayne Howard, Elizabeth Relford Janet Lundquist RE: Memorandum of Understanding Between Weld County and Adams County for Maintenance of WCR 2/ 168th Avenue On or about May 25, 1983, Weld County and Adams County entered into an agreement titled "Memorandum of Understanding Regarding Maintenance of Public Right-of-Way Between County of Adams and County of Weld" for the purpose of establishing the responsibilities or each party for the maintenance of various sections of E. 168TH Avenue/Weld County Road 2, ("E 168th Ave/WCR 2"). Since 1983, there have been numerous additional maintenance-related agreements entered into by the maintenance personnel for each county to account for such events as the annexation of certain parts of E 168th Ave/WCR 2 by the various municipalities. However, these agreements of convenience were never reduced to writing. Additionally, E. 168th Ave/WCR 2 has been impacted by the paving of certain sections of the road and by new developments along the road, both of which have also had an impact on road maintenance. Therefore, in late 2012, Janet Lundquist began discussions with Adams County personnel concerning the need to restate the 1983 MOU, as both Counties determined that it was appropriate to enter into a new MOU which more accurately addressed the road's maintenance issues. A new proposed Agreement was drafted after a collaborated effort from staff was received from both agencies road maintenance, engineers and legal departments. The attached Agreement and accompanying exhibit reflect these efforts. The Agreement is being presented to the Board of County Commissioners for its review. It is the understanding of Weld County personnel that Adams County is satisfied with the terms and conditions of the MOU and that if Weld County approves the agreement, it is ready for signature. If approved, this MOU may be used as the template to work with the other bordering agencies to update the maintenance agreements. 2014-1085 MEMORANDUM OF UNDERSTANDING BETWEEN ADAMS COUNTY AND WELD COUNTY FOR THE SHARED MAINTENANCE OF E 168`h AVENUE/WELD COUNTY ROAD 2 THIS AGREEMENT is made and entered into this 7 ay of April,2014 by and between the two jurisdictions listed below: County of Adams, State of Colorado, by and through the Board of County Commissioners of Adams County,Colorado,hereinafter referred to as"Adams County", with offices located at 4430 S. Adams County Parkway, Brighton, Colorado 80601. County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "Weld County," with offices located at 1150 "O" Street, Greeley, Colorado 80631. WITNES SETH WHEREAS, on or about May 25, 1983,Adams County and Weld County entered into an agreement titled"Memorandum of Understanding Regarding Maintenance of Public Right-of-Way Between County of Adams and County of Weld"for the purpose of establishing responsibilities for the maintenance of various sections of E. 168th Avenue/Weld County Road 2,(hereinafter,"E 168th Ave/WCR 2"), (hereinafter collectively referred to as "the Road"), and WHEREAS, since that date,there have been numerous additional agreements between the Parties which have not been reduced to writing,but which have been observed by the employees of the Parties, and WHEREAS, some of the responsibilities of the Parties have also been altered as various municipalities have annexed portions of the Road, and WHEREAS, the Road has been impacted by additional developments along the Road, and WHEREAS,the Parties have determined that it is appropriate at this time to enter into a new MOU which more accurately addresses the Road's maintenance issues, as set forth herein and as depicted in the attached Exhibit A (5 pages), a copy of which is attached hereto and made a part hereof by this reference. NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements, the Parties hereto stipulate and agree as follows: 1. Responsibilities of Adams County: a. Adams County will perform all routine maintenance on the paved Road from the east edge of Thornton city limits (near Holly Road and WCR 15)east to the west edge of Brighton city limits, approximately 5.12 miles. 1 b. Adams County will perform all routine maintenance on the gravel portion of the Road between Hudson Road\WCR 47 east to Watkins Road\WCR 49, approximately .5 miles. c. Adams County total maintenance responsibility will be 5.62 miles of road. 2. Responsibilities of Weld County: a. Weld County will perform all routine maintenance on the paved Road from the east edge of the Lochbuie city limits east to the end of the paved roadway between Hudson Road\WCR 47, and Watkins Road\WCR 49, approximately 5.12 miles. b. Weld County will perform all routine maintenance on the gravel Road from WCR 63 to WCR 65, approximately a 1.0 mile. c. Weld County's total maintenance responsibility will be 6.12 miles of road. 3. Definitions: a. Definitions Relating to Road Maintenance: (i). "Normal Maintenance": For purposes of this MOU, the term Normal Maintenance shall mean the services and efforts required to maintain the road right- of-way in a safe and appropriate condition. Such services and efforts include patching, pavement surface treatment (seal coating, chip seal, crack sealing, etc.), blading and shaping, graveling, pavement marking, the installation of appropriate traffic signage, (as more clearly set forth in Paragraph 7), in compliance with the Manual of Uniform Traffic Control Devices, weed mowing, shouldering, ditching, street sweeping,trash removal,dust abatement,erosion and sediment control,debris removal,and any and all other normal repairs for the full width of the right of way to sustain proper road and roadside drainage conditions and to insure proper and safe vehicular movement. The Party with maintenance responsibilities for the section of road,as described in the attached Exhibit A would be totally responsible for all work and costs for maintenance classified as Normal Maintenance. Both Parties to this MOU agree that each shall assume responsibility for the costs of maintenance of the roadways assigned to them in paragraphs 1 and 2 above.Normal Maintenance does not include"Major Construction Projects". (ii). "Major Construction Projects": For purposes of this MOU, "Major Construction Projects"include the following activities:the milling,paving overlay, road widening,creation of auxiliary lanes, installation of culverts,curbs and gutters, sidewalks,bridge maintenance,and installation of electrically operated traffic control devices. A separate agreement must be entered into by the Parties to cover each Party's responsibilities for a Major Construction Project. If both Parties agree to undertake a Major Construction Project,the Parties agree to share the costs equally. In general, these Major Construction Projects would include costs for labor, 2 equipment, and materials. The cost of the project shall be determined in sufficient time for each Party to budget its share of the cost of the project. The agreement reached between the Parties to share the cost of a Major Construction Project shall be reduced to writing and shall be approved and fully executed by the respective Boards of County Commissioners of the Parties.Neither Party shall commence construction of a Major Construction Project until such agreement has been formally adopted by both Parties.However,if a road condition appears suddenly as a result of a vehicular accident or unanticipated event such as flooding, earthquake or other disaster, and presents a threat to the safety of the travelling public, emergency repairs may be immediately undertaken by either party, so that the road may be restored to a safe condition.In that event,the parties agree that they shall meet as quickly as conditions permit to assess the nature of the permanent repairs which are required and to allow the parties to address payment of the short term and long term repairs pursuant to the terms of this Agreement. b. Definitions Relating to Structure Maintenance: (i). Normal Structure Maintenance: Normal Structure Maintenance items include: steel sandblasting and painting,bridge surface repair,guardrail or bridge rail repairs, concrete spalling repairs, signing, crack sealing, etc. In general, Normal Structure Maintenance includes any maintenance which may be undertaken for a total cost of less than $25,000, including costs for labor, equipment, and materials. The Party with maintenance responsibilities for the section of road within which the structure is situated, as described in the attached appendices, would be totally responsible for all work and costs for maintenance items classified as Normal Structure Maintenance. (ii). Major Structure Project: A Major Structure Project includes the following: construction of new structures, replacement of existing structures, bridge deck replacement,expansion j oint replacement,culvert installation,guardrail or bridge rail replacement or new installations, abutment repairs, lead based paint removal and disposal etc. Major Structure Projects also includes modifications to a structure which may increase load capacity, including by way of example, the widening of a bridge, the installation of a large culvert, or the modification of the walls and/or foundation of a structure to increase water flow capacity. In general, these major maintenance items will require an expenditure of more than $25,000 to complete, including costs for labor, equipment, and materials. A separate agreement must be entered into by the Parties to cover each Party's responsibilities for a Major Structure Project.If both Parties agree to undertake a Major Structure Project,the Parties agree to share the entire cost equally. The cost of the project shall be determined in sufficient time for each Party to budget its share of the cost of the project. The agreement reached between the Parties to share the cost of a Major Structure Project shall be reduced to writing and shall be approved and fully executed by the respective Boards of County Commissioners of the Parties. Neither Party shall commence construction of a Major Structure Project until an agreement has been formally 3 adopted by both Parties.However,if a road condition appears suddenly as a result of a vehicular accident or unanticipated event such as flooding, earthquake or other disaster,and presents a threat to the safety of the travelling public,emergency repairs may be immediately undertaken by either party, so that the road may be restored to a safe condition. In that event, the parties agree that they shall meet as quickly as conditions permit to assess the nature of the permanent repairs which are required and to allow the parties to address payment of the short term and long term repairs pursuant to the terms of this Agreement. Unless otherwise agreed, the Party with maintenance responsibilities for the section of road within which the structure is situated (as described in Exhibit A, shall act as project engineer and manager and shall develop a scope of work with estimated costs for the work,which estimate shall be provided to the other Party. A site meeting may be scheduled between both Parties to review the scope of work. 4. Snow Removal Responsibilities: The Parties,together with representatives of the municipalities which have annexed portions of E 168th Avenue/WCR 2,have historically met on an annual basis to determine responsibilities for snow removal. Responsibilities for snow removal frequently do not follow the same method of road maintenance allocation set forth in Paragraphs 1 and 2 above due to the unique nature of this work.This annual allocation process has been successful in the past, and the Parties have successfully negotiated the assignment of responsibilities for this seasonal area of road maintenance. The Parties therefore agree that they will continue this process. Should the annual meeting to determine responsibilities be delayed,or deemed unnecessary due to the lack of significant changes in conditions, the Parties will continue with the prior year's allocations. 5. Impact of Road Improvements Agreements with Third Parties: In the event that either Party enters into a 'road improvements agreement' with a third party to improve and/or maintain any portion of the Road as a result of their proposed development,the Party entering into such an Agreement shall provide a copy of said Agreement to the other Party within thirty(30)days of its execution. 6. Responsibility for Street Signs and Stop Signs: The Parties agree that all traffic control signing shall be consistent with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Installation and maintenance for signs on E. 168th/WCR 2 shall be the responsibility of the Party which has the routine maintenance on those sections of 168th/WCR 2 as defined above. Installation and maintenance for signs on adjoining roadways to 168th/WCR 2 shall the responsibility of the Party with jurisdiction/ownership of the adjoining roadway. 7. Term of MOU: This MOU shall supersede any prior road maintenance agreements between the Parties regarding WRC 2/168th Avenue roadway maintenance and shall remain in effect from the most recent date executed by the Parties for a term of one-year. This MOU shall be automatically renewed for one-year terms,unless either Party notifies the other in writing sixty(60) calendar days prior to the expiration date. This MOU shall not constitute a multi-year fiscal obligation. This MOU is subject to annual appropriation by each of the Parties. 4 8. Annexations by Municipalities: The Parties acknowledge and agree that this MOU may be modified by the annexation of a portion of the Road by a municipality.The Parties therefore agree to review this MOU following all such annexations. 9. Amendments: Amendments to this MOU may be made by the mutual consent of the Parties.No amendment shall be effective until it has been reduced to writing and fully approved and executed by the Boards of County Commissioners of the Parties. 10. Complete Agreement: This MOU represents the complete understanding of the Parties and supersedes any other agreements concerning the subject matter discussed herein,whether oral or written. 11. Entire Agreement/No Third Party Beneficiary: It is the express intention of the Parties that any entity or individual other than the undersigned Parties which could receive services or benefits under this MOU shall be deemed an incidental beneficiary only. 12. No Waiver of Immunity: No portion of this MOU shall be deemed to constitute a waiver of any immunities the Parties or their officers or employees may possess, nor shall any portion of this MOU be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this MOU. 13. Severability: If any provision of this MOU should be held to be invalid,illegal, or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 14. Highway Users Tax Report: Since this MOU is equitable and balanced,each Party shall file the roads under its jurisdiction with the Colorado Department of Highways, Division of Planning and Records, to be used in each Party's Highway Users Tax Report and Inventory. 15. Notices: All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: ADAMS COUNTY TRANSPORTATION: Adams County Transportation Director 4430 South Adams County Parkway Brighton, Colorado 80601 Phone: 720-523-6875; Fax: 720-523-6996 WELD COUNTY PUBLIC WORKS: Weld County Public Works Director P.O. Box 758, 1111 "H" St. Greeley, CO 80632 Phone: 970-304-6496, ext. 3750 Fax: 970-304-6497 5 • . IN WITNESS WHEREOF, the Parties hereto have approved and signed this Memorandum of Understanding on the times and dates set forth below. Date of Approval: ATTEST: COUNTY of ADAMS, STATE OF COLORADO, by and through the Board of County Commissioners of Adams County, Colorado By: 16A,AA Q� ��1� By: 6erC,-ereve--‘,/O/i Deputy Clerk to th Board Chaz Tedesco, Chairman APPROVED AS TO FORM: 0 By: • 6-4We Adams County Attorney I I I 6 Date of Approval: ApriL 7 i c14 COUNTY of WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County, Colorado ATTES : o k � s v� (� �i. �• Dougl Radem cher, Chair as, APR 0 7 2014 Weld County Clerk to the Board , (116 I "111/42 t BY: ellAnibt 461701 4Fits • " ' vc \ e Deputy Clerk to the Board le 1 APPROVED AS TO FO AND CONTENT: I lay: e d County Attorney 7 0P5 fil .1 Pt -H O O ch ' 311WaSOA O N 6T 2iJM ii w Q U_.: co *- if) r' . t r f . ________,, . 3 ,(III , dWJ.�• s• . . 33113/l b 5 j z, �� :c ,. LI 2iJM ne ' . • ' • rr_ Y NI ,, 4 - . .. _ . Mailaniffr p t t r • SP/ Itr .ice i - • . ''• y 0 *1 ; : VWN — V et SI 2i0M ,`^.1 �t77OH H C Z W Q V a 1� Z O O U o y_. 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L Q z s -: b3mtlWnHJS 'N . — Q ac } ~cor) . Z D 0 O Cir) _ U (f) w o 1., 'n a N O • II II m 1.4 in . X a in NJSd3LL3d _ W _ - SIM i Jeffery A. Maxwell, P.E., PTOE _' Transportation Department DIRECTOR ‘M, 4430 South Adams County Parkway 1' Floor, Suite W2000B ADAMS COUNTY Brighton, CO 80601 -8218 PHONE 720.523.6875 COLORADO FAX 720.523.6996 www.adcogov.org July 7, 2014 © TllVj Stephanie L. Arries JUL j 0 am 0 Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Re: Memorandum of Understanding Regarding Maintenance of Public Right-of-Way Between County of Adams and County of Weld for the purpose of establishing responsibilities for the maintenance of various sections of E 168th Avenue/Weld County Road 2 Dear Stephanie, Enclosed herewith is a fully executed copy of the above referenced Memorandum of Understanding for Weld County's files. We want to thank you and Wayne Howard for your efforts in this matter. If you have any questions, please feel free to contact myself, or Russ Nelson. Sincerely, Jeffery A. Maxwell, PE, PTOE R17/ portatio BOARD OF COUNTY COMMISSIONERS Eva J. Henry Charles "Chaz" Tedesco Erik Hansen DISTRICT 1 DISTRICT 2 DISTRICT 3 Hello