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HomeMy WebLinkAbout20253551 Resolution Approve Intergovernmental Agreement for Right-of-Entry to Remove Asbestos in Certain Real Properties Located at 912 and 918 10th Street, and Authorize Chair Pro-Tern to Sign — City of Greeley 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 Right-of-Entry to Remove Asbestos in Certain Real Properties Located at 912 and 918 10th Street between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and the City of Greeley, commencing January 4, 2026, 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 Right-of-Entry to Remove Asbestos in Certain Real Properties Located at 912 and 918 10th Street between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and the City of Greeley, be, and hereby is, approved. Be it further resolved by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said agreement. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 24th day of December, A.D., 2025: Perry L. Buck, Chair: Excused 404.1110...4,41, Scott K. James, Pro-Tem: Aye l- I Jason S. Maxey: Aye Il VIA Lynette Peppier: Aye Kevin D. Ross: Aye ` re \ i Approved as to Form: �'''®tUi� Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc:Z6(90/► B/cw) 2025-3551 oa I ot-I 1 alo BG0027 Coneaci- IDlrk I kcIS' INTERGOVERNMENTAL AGREEMENT FOR ASBESTOS REMOVAL IN CERTAIN REAL PROPERTIES LOCATED IN GREELEY, COLORADO THIS INTERGOVERNMENTAL AGREEMENT(IGA)is made and entered into this 24th day of December,2025 ("Effective Date"),by and between the County of Weld,Colorado("Weld County"), whose address is 1150 0 Street, Greeley, P.O. Box 758, Colorado 80631, and the City of Greeley, Colorado ("Greeley"), whose address is 1000 10th Street, Greeley, Colorado 80631 (collectively, "the Parties"). RECITALS WHEREAS, County is the owner of certain parcels of real property with buildings and street addresses of 912 and 918 10th Street, Greeley, Colorado 80631 (collectively, the "County Properties"); and WHEREAS, City and County plan to use the County Properties to accommodate parking for persons attending 19th Judicial District court proceedings during County's construction of a new judicial center; and WHEREAS, to accomplish said parking plan, County has agreed to transfer ownership of the County Properties to City at a time agreed to by the Parties; and WHEREAS,the County Properties include buildings which will need to be demolished by City to enable the parking lot to be constructed; and WHEREAS, the County Properties contain asbestos which must be removed prior to demolition; and WHEREAS, City has entered into the Pre-Development Agreement .with Richmark Vertikal, LLC ("Development Manager") dated August 8, 2025 whereby Development Manager has agreed to perform certain services for City as described therein, including abatement and demolition of the County Properties after County conveys them to City; and WHEREAS, to meet the construction time frames planned by City and County, City requests County's permission for Development Manager's contractor, Ancon II Constructors,Inc. ("Contractor"), and its subcontractor, Major Asbestos Control ("Subcontractor"), to enter the County Properties, beginning January 4, 2026, and continuing as necessary thereafter, to remove the asbestos; and WHEREAS, County desires to grant such permission to enter and to perform such work upon the terms and conditions set forth herein; and WHEREAS, the Parties are authorized to enter into this IGA by virtue of C.R.S. § 29-1-203, C.R.S. § 30-11-101, and C.R.S. § 31-15-101, et seq. Page 1 of 3 Pages 2025-3551 lZ/Zq 6C-16UC1 NOW, THEREFORE, in consideration of the Recitals and the promises and covenants set forth in this IGA,and other good and valuable consideration,the receipt and sufficiency of which is acknowledged by the Parties,the Parties agree as follows: AGREEMENT 1. Permission to Enter County Properties. County grants to City, Development Manager, Contractor and its Subcontractor the right to enter County Properties,beginning January 4, 2026, and continuing as necessary thereafter, to remove the asbestos. Such work will be paid for by City without cost to County. However, if County does not transfer ownership of the County Properties to City, County agrees to reimburse City for the expense it incurred in effectuating the asbestos removal, and will hold City, Contractor and Subcontractor harmless for the work performed and reimburse City for the costs of the abatement. 2. Communication With County. City agrees to ensure that Contractor and Subcontractor communicate with Weld County's Director of Facilities, Patrick O'Neill, regarding the commencement of work and completion of work in the County Properties. 3. Insurance. City agrees to require Contractor and/or Subcontractor to provide evidence of insurance meeting limits that protect City and County from liability caused by Contractor's and/or Subcontractor's negligent acts or omissions. Such evidence shall be in the form of a Certificate of Insurance(ACCORD form or equivalent)evidencing all required coverages and shall be submitted to County prior to commencing work or entering the County Properties. The Certificate of Insurance shall be signed by a person authorized by the insurer(s)to bind coverage on its(their)behalf. The Certificate shall name"Weld County, its elected officials, affiliated entities, employees, agents, and volunteers," as Additional Named Insureds. IN WITNESS WHEREOF,the Parties have executed this IGA on the day and year first written above. ATTEST: dardreV COUNTY OF WELD, COLORADO Clerk of the Board By: Ph' Oy/ eputy Clerk to the Bogril6Y1 colt K. James, Chair Pro-Tern Board of Weld County Commissioners, \4 eld County, Colorado 1 86/ 'r ates 2 4 2025 \. „ y, r: >w A a.rw Page 2 of 3 Pages ZOZ5-35S1 IJULAIbly1I CI IYCIl4JC IIJ. I OUC I LO:Y I LYC'YYL0YI4Y4•:I:JY/J I:JJIJ ILO CITY OF GREELEY, COLORADO APPROVED AS TO SUBSTANCE: Signed by: B.1' FG3GF892FRA6d-SA Brian McBroom, Interim City Manager AS TO AVAILABILITY OF FUNDS: Signed by: By' ,nesaerss,sic.. Kirk Jones, Interim Director of Finance APPROVED AS TO LEGAL FORM: Signed by: Cika, iw By: For I-A2A4 -b4BAd4F Stacey Aurzacra, City Attorney Page 3 of 3 Pages Contract Form Entity Information Entity Name* Entity ID* New Entity?To add a vendor in CITY OF GREELEY @00001 551 Banner, please email vendor data to vbanner@weld.gov. Suppliers will begin pulling from Workday on 1 /5/2026. Contract Name* Contract ID Parent Contract ID RIGHT OF ENTRY AGREEMENT FOR ASBESTOS 10198 ABATEMENT Requires Board Approval Contract Lead* YES Contract Status CNAIBAUER CTB REVIEW Department Project # Contract Lead Email cnaibauer@weld.gov Contract Description* IGS FOR Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT BUILDINGS AND Date* 12/20/2025 GROUNDS 12/24/2025 Amount* $0.00 Department Email Will a work session with BOCC be required?* CM- NO Renewable* Building Grounds@weId.go NO Does Contract require Purchasing Dept. to be included? Automatic Renewal Department Head Email Grant CM-BuildingGrounds- DeptHead@weld.gov IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@WEL D.GOV Hello