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Home My WebLink About20231154.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS ON TWO RIVERS PARKWAY AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS 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 Roadway Improvements on Two Rivers Parkway 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 City of Evans, 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 Roadway Improvements on Two Rivers Parkway 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 City of Evans, 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 24th day of April, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditto ;4, Weld County Clerk to the Board BY: Deputy Clerk t Mi man, Chair _, er L. B ScBtt'K. James APPRO ED AS EXCUSED ountyAtt Date of signature: 05/.1 /23 evin D. Ross 25"'L Lori Saine Cc:pi„1(cH/ER/SH) 05 /02/23 2023-1154 EG0081 Con -c-1-1 Difug43 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Two Rivers from SH 60 to 37. St, IGA with City of Evans DEPARTMENT: Weld County Public Works / Pavement Management DATE: 4.07.2023 PERSON REQUESTING: Joshua Holbrook Brief description of the problem/issue: In November of 2022, Public Works had a meeting with the City of Evans to discuss the traffic impacts of Two Rivers Parkway, specifically the small section of roadway under their jurisdiction. The City of Evans has jurisdiction of Two Rivers Parkway from 37. Street south, for approximately one-half (0.5) mile. Public Works is currently performing a three-mile rehab on Two Rivers Parkway and, in addition, is willing to complete some necessary repairs along the City of Evans' Y. mile section of roadway. If approved, Public Works will mill each end of the project area to create tie-in joints and place a two-inch (2") skin patch along the length their section. Evans agrees to pay Weld County $75,000 for the materials cost in their section. The Weld County Attorney's Office has reviewed the IGA. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): The Board may request a work session to discuss this further. Recommendation: Staff recommends approval of the IGA with the City of Evans. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin Ross Lori Saine cc: Curtis Hall, Director of Public Works Duane Naibauer, Deputy Director Approve Recommendation Vict,&44 Vta imeut Attachments IGA with City of Evans jurisdiction map along Two Rivers Parkway. Schedule Work Session Other/Comments: 2023-1154 04/24 eel00 1 Karla Ford From: Sent: To: Cc: Subject: Please circulate i approve Kevin Ross Kevin Ross Tuesday, April 11, 2023 3:51 PM Curtis Hall; Karla Ford Duane Naibauer; Josh Holbrook; Samantha Brown; Cheryl Hoffman Re: City of Evans IGA From: Curtis Hall <chall@weld.gov> Sent: Tuesday, April 11, 2023 1:40:41 PM To: Kevin Ross <kross@weld.gov>; Karla Ford <kford@weld.gov> Cc: Duane Naibauer <dnaibauer@weld.gov>; Josh Holbrook <jholbrook@weld.gov>; Samantha Brown <sjbrown@weld.gov>; Cheryl Hoffman <choffman@weld.gov> Subject: FW: City of Evans IGA Commissioner, Attached is a pass around for the IGA with Evans for a %2 mile section of paving on Two Rivers south of 37th street. The IGA has gone between both entities attorneys and has now been signed by the city of Evans. If approved the chair will sign and crews will mill and pave as part of the overall project. Karla, If Commissioner Ross approves will you circulate the attached documents through the BOCC. Thanks Curtis Hall Director Public Works 1111 "H" street Greeley CO 80632 970-400-3721 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Karla Ford From: Sent: To: Cc: Subject: Yes Lori Saine Wednesday, April 12, 2023 8:37 AM Karla Ford Esther Gesick Re: Please Reply - PW City of Evans IGA Pass Around From: Karla Ford <kford@weld.gov> Sent: Wednesday, April 12, 2023 7:01 AM To: Lori Saine <Isaine@weld.gov> Cc: Esther Gesick <egesick@weld.gov> Subject: Please Reply - PW City of Evans IGA Pass Around Please advise if you approve recommendation. Thank you! Karla Ford X. Office Manager, Board of Weld County Commissioners 1150 O Street, P.Q. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@wetdgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other thon the named recipient is strictly prohibited. From: Curtis Hall <chall@weld.gov> Sent: Tuesday, April 11, 2023 1:41 PM To: Kevin Ross <kross@weld.gov>; Karla Ford <kford@weld.gov> Cc: Duane Naibauer <dnaibauer@weld.gov>; Josh Holbrook <jholbrook@weld.gov>; Samantha Brown <sjbrown@weld.gov>; Cheryl Hoffman <choffman@weld.gov> Subject: FW: City of Evans IGA Commissioner, Attached is a pass around for the IGA with Evans for a Y2 mile section of paving on Two Rivers south of 37th street. The IGA has gone between both entities attorneys and has now been signed by the city of Evans. If approved the chair will sign and crews will mill and pave as part of the overall project. Karla, If Commissioner Ross approves will you circulate the attached documents through the BOCC. 1 INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EVANS FOR ROADWAY IMPROVEMENTS ON TWO RIVERS PARKWAY THIUNTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 2 ay of %qv) t l , 2023, by and between the City of Evans, a Colorado home rule municipality in the State of Colorado, whose address is 1100 37' Street, Evans, Colorado 80620, hereinafter referred to as "Evans," and the County of Weld, 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, hereinafter referred to as "Weld County." Evans and Weld County are each referred to herein as "Party," and collectively as "the Parties." WITNESSETH: WHEREAS, Weld County and Evans share jurisdiction of Two Rivers Parkways (77' Avenue), and WHEREAS, Two Rivers Parkway requires roadway improvements, and WHEREAS, Evans has jurisdiction of Two Rivers Parkway or aka Weld County Road (WCR) 27.5, from 37`' Street south a distance of approximately one-half (0.5) mile, hereinafter referred to as "Two Rivers Parkway," and WHEREAS, the Parties desire to make certain road improvements to Two Rivers Parkway within their jurisdictions as shown on the vicinity map in Exhibit A, and hereinafter referred to as the "Project," and WHEREAS, the Board of County Commissioners (BOCC) has agreed to allow Public Works to complete a two-inch (2") surface patch, also known as a skin patch improvement within Evans jurisdiction as part of the overall Project, and WHEREAS, Evans agrees to contribute funding towards the materials costs of the two- inch (2") surface patch as part of the Project because of its regional benefits to transportation, and WHEREAS, both Parties are authorized to enter into said Agreement by C.R.S. Sec. 29-1- 203 and the Colorado Constitution Article XIV, Sec. 18(2), for the purpose of achieving greater efficiencies for the provision of services to the public. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: I . TERM: The term of this Agreement shall be from the date first written above to and until such time as the Project described herein shall be completed. 2. DESCRIPTION OF IMPROVEMENTS: The Project's improvements shall consist of Weld County personnel milling each end of the Project area to create tie in joints and Page 1 of 3 then placing a two-inch (2") skin patch along the length of the Project including tie in joints at each end of the Project. Estimated completion of the Project will be no later than October 31, 2023. All procurement for and management of the Project shall be the responsibility of Weld County. 3. PAYMENT OF COSTS FOR PROJECT AND REIMBURSEMENT: Evans agrees to pay $75,000 to Weld County to assist with materials costs to the Project. 4. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter herein, and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties. 5. NO 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 Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 6. 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. 7. MODIFICATION AND BREACH: This Agreement contains the entire Agreement and understanding between the Parties and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the Parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party, or waiver of, a breach by any other Party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 8. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: EVANS: Cody R. Sims, City Manager 1100 37a Street Evans, CO 80620 Phone: 970-475-1104 Page 2 of 3 WELD COUNTY: Curtis Hall, Director, Public Works P.O. Box 758, 1111 "O" Street Greeley, CO 80632 Phone: 970-304-6496 9. NO WAIVER OF GOVERNMENTAL IMMUNITY: 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 §§24-10-101 et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: J ( lie Kamka, Clerk APPROV By: anager APPROVED AS TO FORM: By: �� - -1Z4 City Attorney ATTEST: ,o WELD C l UNTY Clerk to the Board CITY O VANS, COLORADO •.',,% By. Mark C. Clark, Mayor SEAS, CE: � 0 By: Page 3 of 3 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (Deputy) Cltot e Bo•, �% ��: ` ' �� Mike Freeman, Chair APR 2 2023 02�� - //‘ EXHIBIT A ctwt►t' alai at u V O CC g 49th Si Page 4 of 3 aren 1' 1 S 4WTh Si MOM Esri Communit' Contract Form New ntract Requet Info mat on' Entity Name. CITY OF EVANS Entity ID. 1.00001848 ❑ New Entity? Contract Name * Contract ID INTERGOVERNMENTAL AGREEEMNT WITH THE CITY OF 6845 EVANS FOR ROADWAY IMPROVEMENTS ON TWO RIVERS PARKWAY Contract Status CTB REVIEW Contract Lead * JHOLBROOK Contract Lead Email Jholbrook@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Contract Description. PUBLIC WORKS WILL OVERLAY THE CITY OF EVANS SECTION WITH 2" OF PG 64-28. THE CITY OF EVANS HAS AGREED TO PAY $75,000 TO WELD COUNTY TO ASSIST WITH THE MATERIALS COST FOR THE WORK. Contract Description 2 Contract Type. AGREEMENT Amount. $75,000.00 Renewable NO Automatic Renewal IGA YES Department PUBLIC WORKS Department Email CM- PublicWorks'weidgov.com Department Head Email CM-PublicWorks- De pt H ead owe l d g ov. c o m County Attorney KARIN MCDOUGAL County Attorney Email KMCDOUGALRCO. WELD. CO. US IGA Deadline Date if this is a yen enter devious Contract ID If this is part of a MA enter MSA Contract ID Requested BOCC Agenda Date 04,19;2023 Due Date 04/15:2023 Mill a work session with BOCC be required?* NO Does Contract require Purchasing Dept_ to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Con Effective Date Review Date. 10/02/2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 10/27/2023 Con ban Info Contact Name Approval P Department Head .CURTIS HALL DH Approved Date 04/1812023 ►ppr BOCC Signed Date MCC Agenda Date 04;24?2023 Originator JHOLBROOK Contact Type Contact Email Finance Approver CHERYL PATTELLI Contact Phone 1 Purchasing Approved Date Legal Counsel BRUCE BARKER Contact Phone 2 Finance Approved Date Legal Counsel Approved Date 04:19/2023 Tyler Ref # AG 042423 04,$19/202:3 Hello