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Home My WebLink About20222927.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR COUNTY ROADS 54 AND 13 INTERSECTION ROUNDABOUT PROJECT AND AUTHORIZE CHAIR PRO-TEM TO SIGN - LARIMER COUNTY 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 54 and 13 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 Larimer County, 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 54 and 13 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 Larimer County, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem, 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 19th day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diatAA) ..Q:4. EXCUSED Scott K. James, Chair Weld County Clerk to the Board ounty Attorney Date of signature: 10/27/22. cc:Prt(sM,cti,CK/o4) 'o/2Y/22 2022-2927 EG0080 c nor c+ =.O # Co3° l MEMORANDUM TO: Esther Gesick, CTB DATE: October 12, 2022 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Larimer County IGA for CR 54 and CR 13 Roundabout Project Please place the attached IGA between Larimer County and Weld County on the BOCC agenda. On March 4, 2022, the North Front Range MPO awarded Weld County a grant in the amount of $1,419,409 for the construction of a roundabout at the CR 54 and CR 13 intersection. This intersection is on the county line between Larimer and Weld Counties. As a condition of the grant, Larimer County agreed to contribute $30,000.00 to the project. This IGA formalizes the contribution from Larimer County. The IGA has already been signed by Larimer County's Board of County Commissioners. The OnBase Contract ID is 6391. The agreement was reviewed by the BOCC in a pass around that was returned to Public Works on October 6, 2022. Four of the five commissioners approved the recommendation to place the IGA on their agenda for approval. The County Attorney's office has also review the agreement and approved it to form prior to Larimer County's Board signing it. I will attend the BOCC meeting to answer any questions the BOCC may have. 2022-2927 E C-i &Th BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: CR 54/13 Roundabout IGA with Larimer County DEPARTMENT: Public Works DATE: October 3, 2022 PERSON REQUESTING: Jay McDonald, Curtis Hall, Don Dunker, & Clay Kimmi Brief description of the problem/issue: On.March 4, 2022, the North Front Range MPO awarded Weld County a grant in the amount of $1,419,409 for the construction of a roundabout at the CR 54 and CR 13 intersection. This intersection is on the county line between Weld County and Larimer County. As a condition of the grant, Larimer County agreed to contribute $30,000 to the project. An intergovernmental agreement (IGA) has been drafted and approved to form by both the Weld County Attorney's Office and Larimer County. The attached IGA is anticipated to be signed by the Larimer County Board of County Commissioners on October 11, 2022. A signed copy of the IGA will then be placed on the Weld County Board of County Commissioners to sign. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Sign the IGA and accept the $30,000 contribution for the project from Larimer County. 2. Don't sign the IGA and not accept the $30,000 contribution from Larimer County. Recommendation: Public Works recommends the BOCC sign the IGA between Larimer and Weld Counties. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session Other/Comments: -OD twrixrple- INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR THE WELD COUNTY ROAD ("WCR") 54/13 INTERSECTION THIS AGREEMENT is made and entered into this I q111 day of OC-1olc0/ 2022, by and between the County of Larimer, State of Colorado, whose address is 200 West Oak, Suite 3000, Fort Collins, Colorado 80521, hereinafter referred to as "Larimer County" 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" (each a "Party" or, collectively the Parties). WITNESSETH: WHEREAS, Larimer County provided a financial commitment letter to Weld County's Surface Treatment Block Grant (STBG) application in 2022 in the amount of $30,000 for the North Front Range Metropolitan Planning Organization (NFRMPO) Fiscal Year (FY) 2024-2025 call for projects; and WHEREAS, this partnership assisted Weld County's STBG application in receiving $1,419,409.00 in federal funding to improve the intersection of WCR 54 & WCR 13; and WHEREAS, both Parties recognize the 54/13 intersection improvements are mutually beneficial for both jurisdictions and the Parties agree to contribute fmancially 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. The Project will be designed using Weld County's Design Standards and Criteria. The Project will be constructed using Weld County's construction specifications. Weld County will submit floodplain models to obtain Flood Hazard Permits from both Larimer County and Weld County floodplain administrators and will apply for a Letter of Map Revision through FEMA. 3. CONTRIBUTION BY LARIMER COUNTY: Larimer County agrees to pay the sum of $30,000.00 as a proportional share contribution to the Project by December 31, 2024 as identified in Exhibit B. 1 �o�a -.29,27 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. 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: LARIMER COUNTY Engineering Department Attn: Mark Peterson 200 West Oak, Suite 3000 Fort Collins, CO 80522 Phone: 970-498-5714 WELD COUNTY Department of Public Works Attn: Curtis Hall P.O. Box 758 Greeley, CO 80632 Phone: 970-400-3721 Notwithstanding the foregoing, notice of routine matters related to this Agreement maybe accomplished by electronic mail on the condition that the recipient of the electronic mail correspondence acknowledges receipt thereof. 2 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: LARIMER COUNTY CLERK TO TI BOARD GpU, By: Deputy Clerk �•.RA�rs� ATTEST: 4 � ., tso' WELD COUNTY CLERK TO THE BOARD ' Chair By: BOARD OF COUNTY COMISSIONS LARIMER COUNTY, COLORADO 9(ANrA, 4,60 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy ! rk tthe ��. ` Mike Freeman, Pro-Tem 10/3 ''ASSISTANT CO 2Z OCT 1 9 2022 02P024 .29„Q7 3 EXHIBIT A v .t Iha— TEST TAM LANE cc C0ULSON FYCA%AT1M6 LOVELAND READY MIX INC. �« __n PP -1111•1 a.A a -- %a• ----- 9411 _1_ ra--a--a- -_a a —•... -- EXIST Vr3 41G(1 OF WAY -•/ PROPOSED RIONT OF WAY P OPOSED TEMPORARY consw.X, 1 C*I EASEMENT t J F: •d 0 I r EXISTING COULSON ENTRANCE / TO BF NEIEAI,T • 2 � , J r+ at•-ar ; .�1 COULSON EXCAVATING COMPANY INC -�' n n •— n -- .' --- " ..- .u• I. .a•. « tl. - w -a I►e I►Y w•e• -- S -S - PPS Mae PP40 SERVICE CO - NO RE&CCATED ENTRANCE a.a« .r..�_ -4•-- __ -_ p• aka LOVELAND READY MIX INC '- - NICR 54 AND VJCR '3 PROPOSED ROUNDABOUT INTERSECTION IMPROVEMENTS 4 EXHIBIT B LARIMER COUNTY I BOARD OF COUNTY COMMISSIONERS P.O. Box 1190, Fort CoMtns Colorado 80522-1190, 970.498.7010, tarimer.org November 16, 2021 Weld County Commissioners Attn: Commissioner Steve Moreno 1150 O Street P.O. Box 758 Greeley, CO 80631 Re; CMAQ and STBG Grant Application for WCR 13 (LCR t) and WCR 54 (LCR 18) Roundabout Dear Commissioner Moreno, The Lorimer County Board of County Commissioners is writing this letter of support for federal grant funding applications for proposed intersection improvements at Weld County Road IS (Lorimer County Road 1) and Weld County Road 54 (Latimer County Road 18). This intersection has a high volume of heavy truck usage, is seeing above average annual traffic increases and has had a significant crash history. The proposed improvements include a single -lane roundabout and are expected to cost approximately 09.7M including design, right-of-way acquisition, and construction phases. Construction is anticipated for FY 2025. Design, project/construction management and any additional funding will be provided by Weld County. Two grant applications have been submitted by Weld County including an application for STBG and CMAQ funding. Lorimer County will commit to 10% of the required 20% local thatch for either of these two grant applications. If awarded, it is our understanding that Lorimer County's total financial comrnittnent to this project will not exceed 130,000 for the STEM grant and 155,000 for the CMAQ grant. It is also our understanding that only one of the two grants will be awarded, and Lorimer County will be obligated to the local match amount applicable to the specific grant award. The Board of County Commissioners supports these grant applications for this much -needed infrastructure improvement that will address future capacity issues and provide significant public safety and air quality benefits. Sincerely, John Kefalas Chair, Lorimer County Board of Commissioners 4 h I.rameR c�urn�r 5 Contract Form New Contract Request Entity Information Entity Name* Entity ID LARIMER COUNTY COMMISSIONERS `00023273 Contract Name* Contract ID ICA BETWEEN LARIMER COUNTY AND WELD COUNTY FOR 6391 THE CR 54 AND CR 13 ROUNDABOUT PROJECT Contract Lead* Contract Status CKIMMI CTB REVIEW ❑ New Entity? Contract Lead Email CKimmi@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # GR-70 Contract Description* THIS IS AN 1GA BETWEEN LARIMER AND WELD COUNTIES TO FORMALIZE LARIMER COUNTY'S AGREEMENT TO CONTRIBUTE $30,000 TO THE PROJECT. Contract Description 2 Contract Type* AGREEMENT Amount* $ 30,000.00 Renewable* NO Automatic Renewal Grant YES IGA YES Department PUBLIC WORKS Department Email CM- PublicWorksupweldgov.com Department Head Email CM-PublicWorks- DeptHeadAweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY@WELDG OV.COM Requested BOCC Agenda Date* 10.17;2022 Due Date 10;13/2022 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO Grant Deadline Date IGA Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA 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 Review Date. 10 12:2022 Committed Delivery Date Renewal Date Expiration Date* 12,`31/2122 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 10;`13;2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10 19x`2022 Originator CKIMMI Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10 14!2022 10'17, 2022 Tyler Ref # AG 101922 Hello