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Home My WebLink About20221272.tiffRESOLUTION RE: APPROVE 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 an 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, 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 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 4th day of May, A.D., 2022. BOARD OF COU TY COMMISSIONERS WE COU , COLORADO ATTEST: dAitifivo w �aC�lto� tt K. James, Chair Weld County Clerk to the Board BY: Mi, ree an, Pro-Te erry L. B APXCUSED ounty Y Date of signature: 5/11(2-,2 teve Moreno Lori S cc :ptaCCR /cH ) 5/I I /22 2022-1272 EO0080 Cont'QC+1P:#5-79 S BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Town of Eaton Truck Route IGA DEPARTMENT: Public Works PERSON REQUESTING: Elizabeth Relford DATE: April 25, 2022 Brief description of the problem/issue: Since the March 1, 2822 work session, staff has been working with the Town of Eaton on the Intergovernmental Agreement (IGA) for establishing a truck route on CR 76 and CR 33 outside of the Town of Eaton's jurisdiction. The Town of Eaton has approved the IGA at their most recent Town Board meeting. The next step is for the Commissioxers to agree to consider the IGA. Therefore, staff is requesting to place this agreement on the next available BOCC agenda. Please see the attached IGA, which says Eaton will contribute $125,000 of the total estimated project cost of $783,430, as well as annexing CR 76 within 2 years upon completion of the road reconstruction project, which requires a petition for annexation by Weld County. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Allow the attached IGA to be placed on the next available agenda for signature. • Request a work session to discuss. Recommendation: Staff recommends approval of the Petition for Annexation of WCR 90. Perry L. Buck Mike Freeman Scott K. James, Pro -Ten Steve Moreno, Chair Lori Saine Approve Recommendation r. Schedule Work Session Vi a ernruL Other/Comments: 2022-1272 P5/0 Ec o0W INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF EATON FOR A TRUCK ROUTE ON WELD COUNTY ROADS ("WCR") 76 AND 33 THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this jeday of 2022, by and between the Town of Eaton, Colorado, a municipal corporation of the State o olorado, whose address is 223 First Street, Eaton, CO 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, 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County." Eaton and Weld County are referred to herein collectively as "Parties." WITNESSETH: WHEREAS, the Weld County Road (WCR) 74 Access Control Plan ("WCR 74 ACP") Intergovernmental Agreement was adopted on December 2, 2020 in which the Town of Eaton and Weld County are parties thereto, and WHEREAS, one of the policies of the WCR 74 ACP states that, if a community wants to create truck restrictions on WCR 74 in accordance with C.R.S. 42-4-106(3), then an alternative truck/haul route needs to be established and approved by the agency having jurisdiction and such haul route shall be approved by at least two (2) of the three (3) parties to the WCR 74 ACP, and WHEREAS, in accordance with the WCR 74 ACP, Eaton is requesting partnership with Weld County for a truck route to go around the Town on WCR 76, from U.S. Highway 85 ("U.S. 85") to WCR 33, and WCR 33, from WCR 76 south to WCR 74 ("Eaton Truck Route Segments"), as shown in the attached Exhibit "A," and WHEREAS, the Eaton Truck Route Segments are located within unincorporated Weld County, and WHEREAS, both Parties are authorized to enter into this 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. NOW THEREFORE, in consideration of 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 Eaton annexes the entirety of the Eaton Truck Route Segments. 2. EATON TRUCK ROUTE SEGMENTS: The proposed truck route starts on WCR 74 at WCR 39 west to U.S. 85 then north on U.S. 85 to WCR 76 and west on WCR 76 to WCR 33 then south on WCR 33 back to WCR 74. A map of the truck route is shown in "Exhibit A." 3. DESCRIPTION OF TRUCK ROUTE IMPROVEMENTS: The truck route covers two Page 1 of 3 O2OO2O1 '- /02 / oL- miles of WCR 76. Weld County evaluated the existing conditions of WCR 76 and determined it needs improvements to accommodate truck traffic as a truck route. The improvements include, but are not limited to, full depth reconstruction of WCR 76, including 5% cement treated based at 14" deep and hot mix asphalt ("HMA") paving of 3.5" (64/22) and 2.5" of (64/28) ("Improvements"). 4. CONSTRUCTION AND MAINTENANCE OF THE IMPROVEMENTS: Weld County agrees to construct the Improvements in 2022, and to install truck route signage upon completion of the paving. Weld County thereafter agrees to maintain the Improvements during the term of this Intergovernmental Agreement, except that Eaton agrees to maintain the truck route signage for the life of the truck route, including installation of any additional signage needed in relation to citizen complaints, e.g., Jake Brake Mufflers and Eaton agrees to maintain any portion of the Eaton Truck Route Segments that is annexed into Eaton. 5. CONTRIBUTION BY EATON: The cost of the Improvements is estimated to be $783,430. Within thirty (30) days of receipt of an invoice from Weld County to Eaton subsequent to the construction of the Improvements, Eaton agrees to pay Weld County $125,000 for the Improvements. Weld County agrees to pay the remainder of the cost of the Improvements. 6. ANNEXATION OF ROADWAY BY EATON: Two years after completion of the WCR 76 improvements by Weld County, Weld County may file a Petition for Annexation of the roadway with Eaton. On the condition that WCR 76 is in good condition, without limiting the police powers afforded the Town Board of Trustees of the Town of Eaton, Eaton agrees to annex WCR 76. 7. ENTIRE AGREEMENT: This writing, together with the 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 ands assigns of said parties. 8. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Intergovernmental Agreement. It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this Intergovernmental Agreement shall be incidental beneficiary only. 9. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be construed and enforced without such provision to the extent that this Intergovernmental Agreement is then capable of execution within the original intent of the Parties hereto. Page 2 of 3 10. MODIFICATION AND BREACH: No modification, amendment, notation, renewal, or other alteration of or to this Intergovernmental 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 Intergovernmental 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 Parry hereto, or waiver of, a breach by any other Parry, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 11. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: EATON: Wes LaVanchy, Town Manager 233 First Street Eaton, CO 80615 Phone: 970-454-3338 weslevaeatonco.ora3 WELD COUNTY: Board of County Commissioners of Weld County, Elizabeth Relford P.O. Box 758 1111 "O" Street Greeley, CO 80632 Phone: 970-400-3748 erelfordaweldgov.com In the alternative, notice may be provided by electronic mail on the condition that the intended recipient acknowledges receipt of the electronic mail. 11 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 of the day and year first hereinabovef ATTEST: ~��QQ(iATEp q �• o By: ave executed this Agreement in duplicate s� EATON, COLORADO Mar et Jane Winter, Tow�Cl sEm. S -. tt E. Moser, Mayor Qt ATTEST:dgeritAl co. �C�itz:;\4t�; COMMISSIONERS WELD COUNTY Clerk t the Board By: OF COUNTY WELD COUNTY, COLORADO MAY 0 4 2022 Contract Farm New Contract Request Entity Information Entity Name* EATON, TOWN OF Contract Name* EATON TRUCK ROUTE IGA Contract Status CTB REVIEW Entity ID* ti -00002373 ❑ New Entity? Contract ID 5795 Contract Lead* ERELFORD Contract Lead Email erelfordOco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* EATON AND WELD COUNTY AGREE TO AN IGA FOR THE DESIGNATION OF A TRUCK ROUTE OUTSIDE OF EATON'S JURISDICTION ON WCR 76 AND WCR 33. Contract Description 2 EATON AGREES TO CONTRIBUTE FUNDING ($125,000) FOR THE MATERIAL COSTS TO IMPROVE CR 76 TO ACCOMMODATE THE WEIGHT OF TRUCK TRAFFIC. EATON WILL ANNEX WITHIN 2 YEARS OF IMPROVING THE ROAD. Contract Type* AGREEMENT Amount* $783,430.00 Renewable* NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- PublicWorksr_mweldgov.com Department Head Email CM-PublicWorks- DeptHeadAveldgov.com County Attorney GENERAL COUNTY' ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY4 WELDG OV.COM Requested B()CC Agenda Date* 05x'04/2022 Due Date 04;30'2022 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a ?RSA enter I<ASA 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 [late Termination Notice Period Contact Inforrna �t3nfat�t Inftl Contact Name Purclaasing A►pproral Pr Department Head JAY MCDONALD DH Approved Date 04/29!2022 dual A►pprtxal BOCC Approved B©CC Signed Date BUCC Agenda Date 05/04/2022 Originator ERELFORD Review Date* 05'04;2023 fitted Delivery Date Contact Type Contact Email finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 05/04,2O24 Contact Phone 1 Purchasing Approved Date Rna Ece Approved Date 05/O212022 Tyler Ref # AG 050422 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 05,'02/2022 Hello