HomeMy WebLinkAbout20221668.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR
ROADWAY IMPROVEMENTS FOR COUNTY ROADS 74 AND 33 INTERSECTION
ROUNDABOUT PROJECT 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 an Intergovernmental Agreement for
Contribution for Roadway Improvements for the County Roads 74 and 33 Intersection
Roundabout Project 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, 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 Contribution for Roadway
Improvements for the County Roads 74 and 33 Intersection Roundabout Project 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 15th day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: dA,teAtds)
Weld County Clerk to the Board
B •,C
Deputy Clerk to the
County Attorney Date of signature: Wz31-zazz
CC:PO(CH/ER/DD/► R)
7/13/22
S•• t K. James, Chair
2022-1668
EG0080
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Eaton IGA for WCR74/33 Roundabout Project
DEPARTMENT: Public Works
PERSON REQUESTING: Jay McDonald, Don Dunker, and Michael Bedell
coy
act 11 (o5
DATE: May 23, 2022
Brief description of the problem/issue:
The WCR33/74 Roundabout Project includes a financial commitment letter from Eaton to Weld County's
Surface Treatment Block Grant (STBG) in the amount of $22,696 for the North Front Range Metropolitan
Planning Organization (NFRMPO) fiscal year 2022-2023 call for projects. The attached Intergovernmental
Agreement (IGA) provides details associated with this funding partnership. Assuming this transportation
project moves forward as planned, Eaton would provide this compensation to the County prior to December 31,
2023.
The attached IGA has been signed by Eaton and has been reviewed by the County Attorney's Office. The
proposed completion date for the roundabout project is September 2023. This completion date assumes the
associated new ROW and Easements will have been acquired prior to September 2022.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
• Allow the attached IGA to be placed on the next available BOCC agenda for signature.
• Request changes be made to the attached IGA.
• 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:
2022-1668
oCp/l�,
662,6(3%0
INTERGOVERNMENTAL AGREEMENT
FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS
FOR THE WELD COUNTY ROAD ("WCR") 74/33 INTERSECTION
THIS AGREEMENT is made and entered into this l rJ day of curl P✓ , 2022, by and
between the Town of Eaton, State of Colorado, whose address is 223 1 Street, Eaton, Colorado
80615, hereinafter referred to as "Eaton" 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, 915 10th Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County".
WITNESSETH:
WHEREAS, Eaton provided a financial commitment letter to Weld County's Surface
Treatment Block Grant (STBG) application in 2018 in the amount of $22,696 for the North Front
Range Metropolitan Planning Organization (NFRMPO) Fiscal Year (FY) 2022-2023 call for
projects; and
WHEREAS, this partnership assisted Weld County's STBG application in receiving
$1,091,818 in federal funding to improve the intersection of WCR 74 & WCR 33; and
WHEREAS, both Parties recognize the 74/33 intersection improvements are mutually
beneficial for both jurisdictions and the Parties agree to contribute financially to the costs of such
improvements, hereinafter referred to as "Project", as identified in Exhibit A.
WHEREAS, the Parties hereto desire to enter into this Agreement to define the roles and
responsibilities of each of the parties regarding the completion of the Project, and
WHEREAS, both parties are authorized to enter into intergovernmental agreements with
one another, pursuant to C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2) (1), for
the purpose of achieving greater efficiencies for the provision of services to the public.
NOW THEREFORE, in consideration of the above and the mutual promises and
covenants contained herein, the Parties hereto agree as follows:
1. 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: Weld County will be responsible for
designing, acquiring right-of-way, obtaining utility relocations, and constructing and
managing the Project.
3. CONTRIBUTION BY EATON: Eaton agrees to pay to Weld County by December 31,
2023 the sum of $22,696 as a proportional share contribution to the Project.
4. ENTIRE AGREEMENT: This writing, together with any exhibits attached hereto,
constitutes the entire Agreement between the parties hereto with respect to the subject
matter herein, and shall be binding upon said parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
1
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 undersigned 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
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an 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 hereto.
7. MODIFICATION AND BREACH: This Agreement contains the entire agreement and
understanding between the Parties of this Agreement 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
undersigned 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 hereto, 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 for below:
EATON
Town of Eaton
Attn: Wes LaVanchy
233 First Street
Eaton, CO 80615
Phone: 970-454-3338
WELD COUNTY
Board of County Commissioners
Weld County; Attn: Jay McDonald
P.O. Box 758
Greeley, CO 80632
Phone: 970-400-4200
Notwithstanding the foregoing, notice of routine matters related to this Agreement may be
accomplished by electronic mail on the condition that the recipient of the electronic mail
correspondence acknowledges receipt thereof.
9. NO WAIVER OF GOVERNMENTAL IMMUNITY: No portion of this Agreement shall
be deemed to constitute a waiver of any immunities the parties or their officers or
employees may possess, nor shall any portion of this Agreement be deemed to have created
a duty of care which did not previously exist with respect to any person not a party to this
Agreement.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of
the day and year first hereinabove writes
ATTEST:
By: Yl1tt - - -
MargJane Winter, To ,C�tk., sEat
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ATTEST:
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WELD COUNTY Clerk to the Board
Deputy Cle
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Moser, Mayor
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scott K. James, Chair
JUN 1 5 2022
EXHIBIT A
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WCR 74`ftWCR 33
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Contract Form
New Contract Request
Entity Name*
EATON, TOWN OF
Entity ID*
800002373
Contract Name*
IGA FOR WCR74,/33 ROUNDABOUT PROJECT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
5965
Contract Lead
MBEDELL
Contract Lead Email
MBedell@co.weld.co,us
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-55
Contract Description's
AN IGA ASSOCIATED WITH TOWN OF EATON COST -SHARE COMMITTMENT TOWARDS THE CONSTRUCTION OF THE
WCR74,133 ROUNDABOUT PROJECT WHICH IS PLANNED TO GO TO CONSTRUCTION IN 2423.
Contract Description 2.
Contract Type*
AGREEMENT
Amount*
($22,696.00)
Renewable*
NO
Grant
YES
IGA
YES
Department
PUBLIC. WORKS
Department l
CM-
PublicWorks@weldgov.com
De [merit Head Email
CM-PublicWorks-
De ptHead��+rreldgov.corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY4VELDG
OV.COM
Grant Deadline Date
IGA Deadline Date
Requested BOCC Agenda
Date*
06/15/2022
Will a work session
NO
Due Date
06/11/2022
C
uired?*
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MISA 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
Termination Notice Period
Contact Information
Contact Info
Contact Name Contact Type
Purchasing'
Review Date*
12 3112022
Committed Delivery Date
Renewal Date
Expiration Date*
12!31/2022
Contact Phone I Contact Phone 2
chasing Approver Purchasing Approved Date
Approval PrtaceSS
Department Head
JAY MCDONALD
DH Approved Date
06/08/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06;15,2022
Originator
MBEDELL
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
06T'10`2022 06;13,12022
Tyler Ref
AG 061522
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