HomeMy WebLinkAbout20242102.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF HIGH
PLAINS BOULEVARD (COUNTY ROAD 9.5) BETWEEN COUNTY ROADS 32 AND 36,
AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD
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
Construction of High Plains Boulevard (County Road 9.5) between County Roads 32 and 36
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 Town of
Mead, commencing upon full execution of signatures, 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 Construction of High Plains
Boulevard (County Road 9.5) between County Roads 32 and 36 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 Town of Mead, 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 7th day of August, A.D., 2024.
BOARD OF COUN •►iMISSIONERS
WELD CO , COLORAD
ATTEST: derAtiv ,j,do;t1
Weld County Clerk to the Board
BY:
APP
KRoss, Ch
cott K. James
County Attorney \ `'�a1-•, `f
Lori Saine
Date of signature: og/IN /2K
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2024-2102
EG0082
INTERGOVERNMENTAL AGREEMENT
FOR CONSTRUCTION OF HIGH PLAINS BOULEVARD (A.K.A. - WELD COUNTY
ROAD 9.5) BETWEEN WELD COUNTY ROAD 32 AND WELD COUNTY ROAD 36
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made and
entered into as of the date of the last signature below (the "Effective Date"), by and between the
Town of Mead, Colorado, a municipal corporation of the State of Colorado, whose address is
441 - 3rd Street, P.O. Box 66, Mead, CO 80542 ("Mead") and the County of Weld, a political
subdivision of the 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 ("Weld County"). Mead and Weld County are sometimes referred to individually as a
"Party" and collectively as the "Parties."
RECITALS
WHEREAS, High Plains Boulevard (HPB) is a planned north -south arterial road on the
east side of Interstate 25 (also referred to as Weld County Road 9.5) which, when fully
constructed, will run through several jurisdictions in northern Colorado; and
WHEREAS, for purposes of this Agreement, the first segment of HPB will be an interim
section extending Weld County Road ("WCR") 9.5 from WCR 32 to a point north of WCR 34
(as further described in Section 2 below, the "County Project"); and
WHEREAS, for purposes of this Agreement, the second segment of HPB will begin
north of the WCR 34/HPB Intersection (defined in Subsection 2(a)iii. below) where the County
Project ends and will continue north to WCR 36 (as further described in Section 3 below, the
"Developer Project" and together with the County Project, the "Project"); and
WHEREAS, as of the Effective Date, the Project is located within the jurisdictional
boundaries of Mead ("Mead's Boundaries") and Weld County (the "County Boundaries"); and
WHEREAS, WCR 34 & Hwy 25-220, LLC, a Colorado limited liability company
("W&H"), and Mead Industrial Development, LLC, a Colorado limited liability ("MID")
(collectively, the "Developers") own most of the land on either side of the Town right-of-way
where the Developer Project will be located and said land will benefit substantially from the
construction of the Developer Project; and
WHEREAS, the Parties desire to memorialize in this Agreement their agreements and
understandings related to the funding, design, and construction of the Project, the acquisition of
rights -of -way and easements for the Project, and each Party's respective role and responsibilities
with respect to the same; and
WHEREAS, the Developers' obligations with respect to the Developer Project, which
obligations are only briefly summarized in Section 3 of this Agreement, will be set forth in a
separate agreement between Mead and the Developers (the "Developers' Agreement"); and
WHEREAS, the Parties are authorized to enter into this Agreement by Colorado Revised
Statutes (C.R.S.) Section 29-1-203 and the Colorado Constitution Article XIV, Section 18(2).
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Parties agree as follows:
I. INCORPORATION OF RECITALS: The Recitals set forth above are
incorporated and made a part of this Agreement.
2. THE COUNTY PROJECT:
(a) Description of the County Project. The County Project shall consist of:
i. Designing and constructing an interim cross section of HPB from
WCR 32 to WCR 34 and continuing approximately three hundred
(300) feet north of the WCR 34/HPB Intersection (defined below).
Without limiting the foregoing, the interim cross section shall
include: two twelve -foot lanes (one in each direction), paved
shoulders in each direction, concrete curb and gutter on the western
side of the new roadway, and a 10 -foot, detached, two -directional,
shared use path on the western side of the new roadway. This interim
cross section shall consist of the western half of the ultimate arterial
cross section for this segment of HPB.
ii. Designing and constructing the new interim intersection of HPB and
WCR 32 (the "WCR 32/HPB Intersection"). Construction of this
intersection shall minimize disruption to the existing 2 -lane local
east -west roadway, and this intersection shall tie back into the
existing roadway as quickly as possible.
iii. Designing and constructing the new interim intersection of HPB and
WCR 34 (the "WCR 34/HPB Intersection"). Improvements at this
intersection shall include all necessary interim auxiliary lanes and
drainage improvements (including the North Creek floodplain
crossing). WCR 34 is classified as an arterial roadway and
improvements will need to extend to east and west to accommodate
the interim expansion proposed at that location.
(b) Weld County's role and responsibilities related to the County Project.
Weld County shall serve as the "Lead Agency" for the design,
construction, and project management of the County Project. As
Lead Agency, Weld County shall be responsible for: overseeing the
development and delivery of construction plans; conducting the
procurement of a design -build contract in accordance with Weld
County's policies for competitive bidding; providing construction
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contract management, construction inspection, and quality assurance
services; coordinating the design and construction of the County
Project with public and private utilities and other agencies; and
coordinating and managing public outreach and processes regarding
the County Project.
ii. Weld County shall include in any construction contract for the
County Project a minimum two-year warranty period (the "Warranty
Period") on the improvements.
iii. Weld County shall condemn or otherwise acquire all rights -of -way
for the County Project and the ultimate arterial cross section for the
County Project segment of HPB, including the ultimate WCR
32/HPB Intersection and ultimate WCR 34/HPB Intersection, and
temporary and permanent easements necessary for construction and
ongoing maintenance of the County Project. Weld County will
endeavor to acquire right-of-way within Mead's Boundaries in the
name of the Town of Mead.
iv. Subject to Subsections 2(c)i. and 2(c)vii. below, Weld County shall
be responsible for all costs related to the County Project.
v. Prior to releasing the County Project for construction, Weld County
shall provide the construction plans for the County Project to Mead
for Mead's review and approval. In addition, upon completion of the
County's procurement process, Weld County shall notify Mead of
the date of commencement of the County Project.
vi. Weld County shall coordinate as necessary with the Developers on
the design and construction, and schedule for construction, of the
WCR 34/HPB Intersection.
vii. Upon completion of the Warranty Period, including any extensions
thereof, and the resolution of all warranty issues to Mead's
satisfaction, Weld County shall:
1) Submit a written request for final acceptance of the County
Project improvements by Mead, which request shall include
as -built drawings of the improvements and unconditional lien
waivers that all claims and payments to be made in
connection with construction of the improvements have been
satisfied.
2) Petition Mead to annex: (x) all rights -of -way for the County
Project and the ultimate arterial cross section for this segment
of HPB, including the ultimate WCR 32/HPB Intersection
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and ultimate WCR 34/HPB Intersection, located within the
County Boundaries; and (y) those portions of the HPB right-
of-way between the southernmost point of the County Project
and Colorado State Highway 66 (collectively, the "County
ROW").
viii. Upon annexation by Mead of the County ROW, Weld County shall:
(x) convey by deed to Mead the County Project any right-of-way (including
improvements) located within Mead's Boundaries not previously acquired
in the Town of Mead's name; and (y) assign to Mead any easements that
were obtained by Weld County for the County Project that are
necessary for ongoing repair and maintenance of the County Project
improvements.
(c) Mead's role and responsibilities related to the County Project.
i. If developers of land adjacent to the County Project area and within
Mead's Boundaries contribute funds to the County Project, Mead
agrees to pay those funds actually received by Mead to Weld County.
ii. Mead shall have the right to review the final construction plans for
the County Project, and Weld County shall not release those final
plans for construction until Mead has approved said plans.
iii. Mead agrees to allow Weld County to construct the County Project
within Mead's Boundaries.
iv. Mead shall coordinate with Weld County, as necessary, where the
Developer Project connects with the County Project on the design,
construction, and schedule for construction. Mead shall notify Weld
County of the date of commencement of the Developer Project.
v. Subject to the Parties' compliance with the procedures and
requirements of the Colorado Municipal Annexation Act of 1965,
C.R.S. §§ 31-12-101 et seq., the making of findings by the Mead
Board of Trustees that applicable provisions of Section 30 of Article
II of the Colorado Constitution and C.R.S. §§ 31-12-104 and 31-12-
105 have been met, Mead agrees to annex the County ROW.
vi. Upon annexation of the County ROW, resolution of all warranty
issues for the County Project improvements to Mead's satisfaction,
and receipt of as -built drawings and unconditional lien waivers as
provided in Subsection 2(b)vii.1) above, Mead shall finally accept
the County Project improvements and the County Project Easements.
vii. Any cost savings paid to Weld County pursuant to Subsection
3(c)(vii) below shall be treated as a proportional share back from
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Mead to Weld County for the WCR 34/HPB Intersection.
3. THE DEVELOPER PROJECT:
(a) Description of the Developer Project. The Developer Project shall consist
of designing and constructing an interim cross section of HPB from
approximately three hundred (300) feet north of WCR 34 (i.e., where the
County Project ends) to WCR 36 and an interim cross section of WCR 36
from the intersection of WCR 9.5 west to the termination of the WCR 36
Home Depot improvements.
(b) Design and construction of the Developer Project. The Parties
acknowledge and agree that the Developers shall be responsible for the
design, construction, and project management of the Developer Project, and
that details of the Developer Project and the Developers' obligations will be
set forth in the Developers' Agreement. Without limiting the foregoing, the
Parties further acknowledge and agree that the Developers' Agreement will
establish Developers' monetary obligations described in Subsection 3(c)
below and will require Developers to complete the Developer Project by
December 31, 2025 (the "Developer Project Completion Date"). The
Developer Project Completion Date may be extended with the approval of
Weld County or by a force majeure event.
(c) Developer Project Cost. The Parties anticipate that the maximum cost for
the Developer Project will not exceed Six Million and No/100 Dollars
($6,000,000.00) (the "Maximum Developer Project Cost). Thee cost for the
Developer Project shall be paid for and funded as follows:
i. Pursuant to the Developers' Agreement, the Developers will advance
all costs and expenses incurred in connection with the Developers'
Project, and Mead will reimburse Developers the costs and expenses
so incurred from the Developer Project Account (as such term is
defined below); provided, however, that the Town will provide the
Developers a one-time advanced disbursement of One Million and
No/100 Dollars ($1,000,000.00) from the Developer Project Account
in accordance with the terms set forth in the Developers' Agreement.
ii. W&H and MID will be required to each contribute One Million and
No/100 Dollars ($1,000,000.00) to the Developer Project, for a total
contribution from Developers of Two Million and No/100 Dollars
($2,000,000.00) (the "Developers' Contribution"). W&H and MID
will be required to deposit the full amount of their contributions with
Mead prior to commencement of construction of the Developer
Project in accordance with the terms set forth in the Developer's
Agreement.
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iii. Weld County shall contribute Three Million and No/100 Dollars
($3,000,000.00) (the "County Contribution") to the Developer
Project. This contribution will come from funds originally given to
the Colorado Department of Transportation (CDOT) as a
contribution toward the I-25 North Express Lanes — Segment 5
project. Weld County shall deposit the full amount of the County
Contribution with Mead on or before fifteen (15) days after execution
by the Parties of this Agreement. Notwithstanding the foregoing,
Weld County may, in its discretion, contribute additional funds if and
as they become available to the Developer Project; any such
additional contributions shall be treated as County Contributions
under this Agreement.
iv. Mead shall contribute One Million and No/100 Dollars
($1,000,000.00) ("Mead's Contribution") to the Developer Project.
Mead will deposit the full amount of Mead's Contribution into the
Developer Project Account (as defined below) prior to
commencement of construction of the Developer Project in
accordance with the terms set forth in the Developer's Agreement.
v. Mead shall deposit the Developers' Contribution, the County
Contribution, and Mead's Contribution into a separate interest -
bearing account for the Developer Project, which account shall be
established and managed by the Mead Treasurer (the "Developer
Project Account"). Any interest earned on the Developer Project
Account shall be credited to the account. The Developers'
Agreement will establish a procedure for reimbursing costs and
expenses incurred by Developers and Mead for the Developer Project
from the Developer Project Account.
vi. The Developers' Contribution shall be the first dollars spent on the
Developer Project. The County Contribution shall be spent only after
the full expenditure of the Developers' Contribution, and Mead's
Contribution shall be spent only after the full expenditure of the
Developers' Contribution and the County Contribution.
vii. If the actual total cost for the Developer Project is less than the
Maximum Developer Project Cost, the cost savings shall be paid to
Weld County at the end of the warranty period for the Developer
Project; provided, however, if the balance of the Developer Project
Account exceeds fifteen percent (15%) of the Maximum Developer
Project Cost (the "Warranty Security") at the time of Mead's
conditional acceptance of the Developer Project, the amount in
excess of the Warranty Security shall be paid to Weld County at the
time of conditional acceptance.
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(d) Weld County's role and responsibilities related to the Developer
Project.
i. Weld County shall coordinate with Developers as set forth in
Subsection 2(b)vi. above.
ii. Weld County shall contribute funds to the Developer Project as set
forth in Subsection 3(c)iii. above.
(e) Mead's role and responsibilities related to the Developer Project.
i. Mead shall serve as the reviewing and approval authority for the
Developer Project consistent with Mead's jurisdictional and
regulatory authority.
ii. Mead shall contribute funds to the Developer Project and maintain
and distribute funds for the Developer Project as set forth in
Subsection 3(c) above.
iii. As will be set forth in detail in the Developers' Agreement, in the
event the Developers default on their obligation to commence, timely
pursue completion of, or complete the Developer Project, Mead shall
have the right but not the obligation to complete the Developer
Project using funds from the Developer Project Account.
4. TERM: The term of this Agreement shall commence on the Effective Date and
shall terminate upon the date that all obligations of the Parties under this
Agreement have been satisfied, unless terminated earlier by mutual written
agreement of the Parties. In addition, the Parties agree that each Party's
responsibilities under this Agreement are contingent upon the availability and
appropriation of funds by Mead and Weld County. If either Party determines that
it will be unable to fund the Project as provided in Subsections 3(c)ii. and 3(c)iii.
above, then this Agreement may be terminated by either Party upon written
notice being delivered to the other Party.
5. ENTIRE AGREEMENT; AMENDMENTS: This Agreement constitutes the
entire agreement between the Parties and supersedes all prior contracts,
proposals, representations, negotiations, letters of intent, whether written or oral,
pertaining to the subject matter of this Agreement. No changes, alterations, or
modifications to any of the provisions of this Agreement shall be effective unless
contained in a written agreement signed by the Parties.
6. ASSIGNMENT: A Party shall not assign this Agreement or any rights or
obligations of such Party under this Agreement without the prior written consent
of the other Party.
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7. BINDING AGREEMENT: This Agreement shall be binding upon and for the
benefit of the Parties, their successors and assigns.
8. NO THIRD -PARTY BENEFICIARIES: This Agreement shall not confer any
rights or remedies upon any person other than Weld County and Mead and their
respect successors and assigns.
9. CHOICE OF LAW; VENUE: This Agreement shall be construed in
accordance with the laws of the State of Colorado. In the event of any dispute
between the Parties, the exclusive venue for dispute resolution shall be the
District Court for and in Weld County, Colorado.
10. SEVERABILITY: If any term or condition of this Agreement shall be held to
be invalid, illegal, or unenforceable, 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.
11. NOTICES: All notices or demands desired or required under this Agreement
shall be deemed given: (i) when personally delivered; or (ii) after the lapse of
five (5) days after mailing by registered or certified mail, postage pre -paid; or
(iii) when sent by confirmed electronic mail, and addressed as follows:
To Mead:
Erika Rasmussen
Town Engineer/Public Works Director
1341 WCR 34
Mead, CO 80542
E -Mail: erasmussen@townofmead.org
To Weld County: Curtis Hall
Public Works Director
P.O. Box 758, 1111 "H" Street
Greeley, CO 80632
E -Mail: chall@weld.gov
12. NO WAIVER OF GOVERNMENTAL IMMUNITY; INSURANCE: No
term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or
other provisions of the Colorado Governmental Immunity Act, CR.S. §§24-10-
101 et seq., as applicable now or hereafter amended. Both Weld County and
Mead shall name the other as additional insured for all standard coverages
provided in each Party's general liability policy(ies) and covering liability of the
insured arising out of bodily injury and/or property damage in connection with
the work performed by either Party pursuant to the terms of this Agreement.
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13. SUBJECT TO APPROPRIATION: The Parties understand and acknowledge
that Mead and Weld County are subject to Article X, § 20 of the Colorado
Constitution ("TABOR"). The Parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood
and agreed that this Agreement does not create a multi -fiscal year direct or
indirect debt or obligation within the meaning of TABOR as no future
appropriation of funds beyond the current fiscal year is anticipated or expected.
Notwithstanding anything in this Agreement to the contrary, all payment
obligations of the Parties are expressly dependent and conditioned upon the
continuing availability of funds for such party beyond the term of the party's
current fiscal period ending upon the next succeeding December 31. 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 in accordance with the rules, regulations, and resolutions of the
individual paying party and other applicable law.
14. EXECUTION BY COUNTERPARTS; ELECTRONIC SIGNATURES:
This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same
instrument. The Parties approve the use of electronic signatures for execution of
this Agreement. All use of electronic signatures shall be governed by the
Uniform Electronic Transactions Act, CRS §§ 24 71.3 101 to -121. 20.
15. AUTHORITY TO ENTER AGREEMENT: The signatures of those
representatives of the Parties below affirm that they are authorized to enter into
and execute this Agreement and that all necessary actions, notices, meetings,
and/or hearings pursuant to any law required to authorize the execution of this
Agreement have been made.
IN WITNESS WHEREOF, the Parties have executed this Agreement in as of the Effective Date.
Signature Pages Follow.
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ATTEST:
TOWN OF MEAD, COLORADO
Ma{Yy Etrutt, own Cler1* : ' �•� =Q % Colleen G. Whitlow, Mayor
ill( SEAL =J
APPROVED AS TO FORM: O •
...iNnt;f�
&tut atc4o
By:
cAskin, Town Attorney
10
ATTEST: ��„«ir.IWJ Ci►e .Je110;tik BOARD OF COUNTY COMMISSIONERS
WELD COUNTY Clerk to the Board
B
II
WELD COUNTY, COLORADO
By: C- , /
Kevin D. Ross, Chair
AUG 0 7 2024
Houstan Aragon
From:
Sent:
to:
Subject:
noreply@weldgov.com
Tuesday, June 24, 2025 3:11 PM
CM-ClerktoBoard; Cameron Parrott; CM-PublicWorks-DeptHead
Fast Tracked Contract ID (9687)
Contract # 9687 has been Fast Tracked to CM -Contract Maintenance.
You will be notified in the future based on the Contract information below:
Entity Name: MEAD, TOWN OF
Contract Name: INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF HIGH PLAINS BOULEVARD
(COUNTY ROAD 9.5) BETWEEN COUNTY ROADS 32 AND 36 Contract Amount: $3,000,000.00 Contract ID: 9687
Contract Lead: CPARROTT
Department: PUBLIC WORKS
Review Date: 11/1/2026
Renewable Contract: NO
Renew Date:
Expiration Date:12/31/2026
Tyler Ref #:
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