HomeMy WebLinkAboutResolution 2011-0039CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 39
Series of 2011
TITLE: A RESOLUTION APPROVING A INTERGOVERNMENTAL
AGREEMENT WITH JEFFERSON COUNTY FOR 32N°
AVENUE WIDENING FROM BRAUN COURT TO WRIGHT
COURT
WHEREAS, the City Council wishes to provide for the widening of 32"d Avenue
from Braun Court to Wright Court; and
WHEREAS, the City has been awarded a federal transportation grant by the
Denver Regional Council Government (DRCOG) to widen 32"d Avenue through
reconstruction of this particular roadway segment; and
WHEREAS, the City has negotiated an Intergovernmental Agreement with
Jefferson County for funding of $1,250,000 of the Project costs; and
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Intergovernmental Agreement Approved.
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND
JEFFERSON COUNTY FOR WEST 32N° AVENUE WIDENING FROM BRAUN
COURT TO WRIGHT COURT, IS HEREBY APPROVED AND THE MAYOR AND CITY
CLERK ARE AUTHORIZED AND DIRECTED TO EXECUTE THE SAME.
Section 2. Effective Date 10-I0-11
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this /(J-I-i1
ATTEST:
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Amended & Restated Intergovernmental Agreement
This Amended & Restat~d Intergovernmental Agreement (this "Agreement") is
made and entered into this JJ;rday of October, 2011, by and between the COUNTY OF
JEFFERSON, COLORADO, a body politic and corporate (the "County"), and the CITY OF
WHEAT RIDGE, COLORADO, a municipal Corporation and home rule city of the state of
Colorado (the "City"), collectively referred to herein as the "Parties."
RECITALS
A. The Parties, together with the Colorado Department of Transportation ("COOT"),
desire to share in the cost of the design, surveying, engineering, construction, inspection,
materials testing and right-of-way acquisition required for certain improvements at the
interchange of 1-70 and 32"d Avenue (the "Improvements"). The Improvements shall
consist of the following:
1. Safety improvements in the school zone along 32"d Avenue adjacent to the
Manning and Maple Grove elementary schools;
2. The widening of 32"d Avenue to accommodate traffic needs between Alkire
Street and Wright Street, including modification of the existing 1-70 bridges over
32"d Avenue;
3. Modification and improvement of the Youngfield Street/32"d Avenue
intersection; and
4. Modification and improvement of the Zinnia Street I Cabela Drive I 32nd Avenue
intersection.
B. The improvements will provide significant benefits to the County and the City
and their residents through improved access for existing and future developments within
the area.
C. The Parties have previously entered into an Intergovernmental Agreement
dated August 7, 2007 (the "2007 IGA") providing for the design and construction of certain
improvements at the interchange of Interstate 70 and 32nd Avenue. The Parties now
desire to terminate the 2007 IGA and enter into this Agreement to replace and supersede
all obligations outstanding under the 2007 I GA.
D. The City has obtained a grant from the Federal Highway Administration
administered by the Colorado Department of Highways in the amount of $2,924,000 (the
"Federal Grant"). This grant may be used for construction costs of the Improvements only,
which include contract administration, inspection and material testing.
E. The Federal Grant requires a 47% local match of the total project, (estimated at
$5,517,000), making the local match requirement estimated at $2,593,000.
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F. The Parties desire to use the funds from the Federal Grant to satisfy in part
the funding obligation for the Improvements and to enter into this Agreement to further
clarify the Parties' outstanding funding obligations with respect to the Improvements.
G. The Parties desire to provide funding, in full compliance with the requirements
of Article X, Section 20 of the Colorado Constitution ("TABOR"), for the construction of the
Improvements in order to facilitate the prompt completion of such construction.
AGREEMENT
In consideration of the foregoing premises, and the covenants, promises and
agreements contained herein, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. The Parties hereby terminate the 2007 I GA. The 2007 IGA is no longer in
force and effect, and neither Party shall have any continuing obligations under the 2007
IGA. This Agreement amends and supersedes the 2007 IGA in all respects.
2. The City and the County will work with COOT to obtain approvals of the
design of the Improvements, generally in conformance with the February 28, 2007 170/32nd
Avenue Interchange Finding of No Significant Impact (FONSI). The City will construct the
Improvements in accordance with all applicable requirements of COOT, the County and
the City. Neither Party will approve the deletion of or significant change to any of the
Improvements without the prior written approval of the other Party. In the event the City
breaches the preceding provisions, then the County shall be entitled to refund of any
monies that it contributed pursuant to Paragraph 3 below.
3. The Parties agree to share the costs of construction of the Improvements as
follows:
A. Within thirty (30) days of receipt of a validly issued notice to proceed from
the City to the contractor completing the construction of the Improvements, the County will
contribute $1,250,000 to the City (the "County's Contribution").
B. The City will be responsible for all other costs associated with the
Improvements.
3. Upon payment of the County's Contribution, the County shall have no further
obligations under this Agreement. The City will be responsible for the funding of any
additional costs related to the Improvements.
4. The Parties intend to fully comply with the requirements of TABOR; and this
Agreement shall not constitute a multi-fiscal year financial obligation of either Party. Any
expenditure of funds by either Party shall be subject to an annual appropriation of such
funds for such purpose by the governing body of such Party.
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5. Any notice, request, assignment, payment, consent, approval, demand, or
other communication required or permitted hereby shall be in writing and shall be deemed
to have been given when personally delivered, delivered by overnight delivery services, or
when deposited in the United States Postal Service, certified, return receipt requested,
postage prepaid, properly addressed to the persons whom such notice is intended to be
given at their respective addresses as follows:
If to the City:
If to Jefferson County:
With a copy to:
Patrick Goff, City Manager
City of Wheat Ridge
7500 W. 291h Avenue
Wheat Ridge, CO 80033
Faye Griffin, Chair
Board of County Commissioners
100 Jefferson County Parkway, Suite 5000
Golden, CO 80419
County Attorney
100 Jefferson County Parkway, Suite 5500
Golden, CO 80419
6. Governing law. This Agreement shall be governed by the laws of the state of
Colorado. Jurisdiction and venue shall be proper and exclusive in the District Court for
Jefferson County, Colorado.
Executed by the Parties to be effective as of the date first set forth above.
ATTEST:
By: D1MIL h'[TmtL befu#
Michael s00W:tity Clerk
By: ~4~!<!:!l..t.g:~...J;;.Ib.Ll~
Gerald E. Dahl, City Attorney
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ATTEST:
(Seal)
Deputy Clerk and Recorder
APPROVED AS TO FORM:
COUNTY OF JEFFERSON, COLORADO
By: -:::----:::-:::::--:::-:---,-------
Faye Griffin, Chairman
Board of County Commissioners
By:~--~---------
Kourtney Hartmann
Assistant County Attorney
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