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HomeMy WebLinkAbout20223321.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT FOR TRUCK ROUTE ON COUNTY ROADS 76 AND 33, AND AUTHORIZE CHAIR TO SIGN - TOWN OF EATON 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 Amendment #1 to the Intergovernmental Agreement for a Truck Route on County Roads 76 and 33 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 Eaton, 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 Amendment #1 to the Intergovernmental Agreement for a Truck Route on County Roads 76 and 33 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 Eaton, 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 30th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELL COUNTY, COLORADO ATTEST: dat44) •Xlto•(1 Weld County Clerk to the Board Deputy Clerk to the Board Count ttorney Date of signature: i2/a coott K. James, Chair Mi._- -eman, Pro-Te cc:PW(GH/ER/DO �2/I6/22 2022-3321 EG0080 Conkvaci- rbtk coqVi MEMORANDUM TO: Esther Gesick, CTB DATE: November 10, 2022 FROM: Don Dunker, P.E., Public Works SUBJECT: CR 76 & CR 33 Eaton Truck Route Please place the attached Amendment No.1 to the IGA with the Town of Eaton for the truck route on WCR 76 between US Highway 85 and WCR 33 on the BOCC consent agenda for an upcoming hearing. The Board approved a pass around dated October 26, 2022. The original contract id is 5795. The Tyler reference number is 2022-1272. I will plan on attending the meeting to answer any questions. Page 1 of 1 2022-3321 1/30 team BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: First Amendment to IGA between Weld County and Eaton for a Truck Route DEPARTMENT: Public Works DATE: October 26, 2022 PERSONS REQUESTING: Jay McDonald, Curtis Hall, and Don Dunker Brief description of the problem/issue: The Town of Eaton has signed the Frist Amendment to IGA between Weld County and Eaton for a Truck Route on WCR 76 between US 85 and WCR 33. This amendment changed the timing of when the County would do the improvements to WCR 76 and at the intersections for WCR 35 and WCR 33. The County shall have the improvements competed by the end of the 2024. This change is needed due to needing additional ROW at the intersects of WCR 76 at WCR 35 and WCR 33 and to allow trucks to make righthand turns and stay within their lane and not cross over into oncoming traffic. The additional ROW will require irrigation and utility facilities to be relocated. The agreement was approved by the County Attorney's Office before it was sent to the Town of Eaton. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): • Allow the attached Agreement to be placed on the next available BOCC agenda for signature. • Request changes be made to the attached Agreement. • Request a work session to discuss. Recommendation: Staff recommends approval of the Agreement as written. Approve Recommendation Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF EATON FOR A TRUCK ROUTE ON WELD COUNTY ROADS ("WCR") 76 AND 33. This FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF EATON FOR A TRUCK ROUTE ON LD COUNTY ROADS ("WCR") 76 AND 33 ("First Amendment") is entered into this,` day of 2022, by and between the Town of Eaton, Colorado (hereinafter referred to as "Town" or "Eaton"), and the COUNTY OF WELD, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado (hereinafter referred to as "County" or "Weld"). Recitals WHEREAS, the parties entered into an Intergovernmental Agreement for a Truck Route on Weld County Roads 76 and 33 (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2022-1272, approved on May 4, 2022; and WHEREAS, Eaton and the County are authorized to enter into an Intergovernmental 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. WHEREAS, the parties became aware during the design process for the intersection of Weld County Road 35 and Weld County Road 76 that additional right of way is necessary to allow truck traffic to make righthand turns without crossing into the oncoming traffic lane. This additional right of way will also require utility and irrigation relocations. WHEREAS, the parties have agreed that the additional work necessary to maintain public safety at the intersection of Weld County Road 35 and Weld County Road 76 will delay the completion of improvements originally scheduled for completion in 2022. WHEREAS, the parties hereby agree to amend the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein; and NOW, THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: A. The parties agree that the first sentence of Paragraph 4 of the Original Agreement shall be deleted and replaced with the following: 4. CONSTRUCTION AND MAINTENANCE OF THE IMPROVEMENTS: Weld County agrees to construct the Improvements prior to the end of the 2024 construction season, and to install truck route signage upon completion of the paving. B. The parties agree that except as amended herein, all other terms of the Original Agreement remain unchanged and in full force and effect. C. The parties further agree that this First Amendment together with the Original Agreement, constitutes the entire understanding between the parties. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in duplicate on the day and year first hereinabove written. ATTEST: By;)/1 Margin. ATTEST: OP Jane Winter, TovyCift. • c E. Moser, Mayor * :eQ��n•pQ ddrafet) Jelto; WELD C O . Y Clerk to th Board By: (Deputy) C1e :' to th Bo• �� OF EATON, COLORADO BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: SEott K. James, Chair NOY 3 9 2022 Contract Form New Contract Request Entity Information Entity Name. EATON, TOWN OF ❑ New Entity? Entity ID* 0000002373 Contract Name* 1ST AMENDMENT TO IGA BETWEEN EATON AND WELD COUNTY FOR TRUCK ROUTE ON WCR 76 Contract Status CTB REVIEW Contract ID 6484 Contract Lead* DDUNKER Parent Contract ID 20221272 Requires Board Approval YES Contract Lead Email Department Project # ddunkerc_.co.weld.co.us r0@co.we ld.co. u s Contract Description AMENDMENT TO IGA WITH TOWN OF EATON FOR THE WCR 76 AND WCR 33 TRUCK ROUTE Contract Description 2 Contract Type. AGREEMENT Amount. $0.00 Renewable NO Automatic Renewal NO Grant NO IGA YES Department PUBLIC WORKS Department Email CM- PublieWorks@weidgov.com Department Head Email CM-Public'Works- De pt He ad `0wel dgov. com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYWWELDG OV. COM IGA Deadline Date 12<,31 2024 Requested BOCC Agenda Date. 1 1/21 ;x2022 Due Date 11 `17,/2022 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MA enter PASA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date" 11/10.2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date" 12;31/2024 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head CHRISTIE PETERS DH Approved Date 11x23;2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11,+30/2022 Originator CKIMMI Finance Approver CHERYL PATTELLI Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 11/25/2022 11/28/2022 Tyler Ref # AG 113022 Hello