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Home My WebLink About20210583.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS AT INTERSECTION OF 35TH AVENUE AND O STREET AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Construction of Roadway Improvements at the Intersection of 35th Avenue and O Street, 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 Greeley, commencing upon full execution of signatures, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 Construction of Roadway Improvements at the Intersection of 35th Avenue and O Street 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 Greeley, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �jd nJ .k.114;ok Steve •reno, Chair Weld County Clerk to the Board Countyorney Date of signature: 03(0 (t@l CC : P(J(ER/crl) 3/►i/.2I 2021-0583 EG0079 Confaa zb *-F3ri BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: City of Greeley IGA — 35th Ave & O Street Roundabout DEPARTMENT: Public Works DATE: 2/24/2021 PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: Weld County and Greeley currently share jurisdiction of the intersection of 35th Avenue and O Street. Weld County is willing to fund the design and manage the construction of the needed safety improvements at this intersection. Therefore, the purpose of this IGA reflects our partnership with the City of Greeley and their support for us performing these improvements within their jurisdiction. Greeley also agrees to contribute funding in the amount of $800,000 this year and $800,000 in 2022. The Greeley City Council approved the IGA on February 2, 2021. Weld County is in the process of acquiring right-of-way and anticipates construction beginning in the fall for completion at the beginning of summer 2022. Upon execution of the DOLA grant for this project, the construction will be bid out this spring. Public Works is estimating the construction to cost approximately $8,000,000. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve placing this pass around on the Board's agenda. 2. Schedule a work session to discuss. Recommendation: Staff recommends approval to place the IGA on the next available BOCC agenda. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: 2021-0583 601(1-1q DocuSign Envelope ID: 0EF73AC1-F283-4260-87O8-108836EEB7CF INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS TO "O" STREET/35TH AVENUE INTERSECTION THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 15\- day of M.0..r-crt , 2021, by and between the City of Greeley, Colorado, a home rule municipality of the State of Colorado, whose address is 1000 10th Street, Greeley, Colorado 80631, hereinafter referred to as "GREELEY," 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." WITNESSETH: WHEREAS, at present, WELD COUNTY and GREELEY share operational maintenance and jurisdiction of the intersection of WCR 35 (also known as 35th Avenue) and WCR 64 (also known as "O" Street), hereinafter together referred to as the "O STREET/35TH AVENUE INTERSECTION," which GREELEY intends to annex, and WHEREAS, WELD COUNTY AND GREELEY wish to make certain improvements to the O STREET/35TH AVENUE INTERSECTION, with said improvements being hereinafter referred to as the "PROJECT," and WHEREAS, WELD COUNTY has agreed to be the lead agency on design, acquiring right- of-way, utility relocations, and constructing the PROJECT, and WHEREAS, GREELEY has budgeted $1,600,000 to offset its portion of the costs of the construction of the PROJECT, and WHEREAS, both parties to this Agreement are authorized to enter into said Agreement by C.R.S. §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. RECITALS: The Recitals are incorporated into the Agreement as if fully set forth herein. 2. PROJECT: Subject to the terms contained in this Agreement, WELD COUNTY agrees to undertake and complete the PROJECT in 2021 but, if not completed by the end of 2023, to reimburse GREELEY for any amount contributed to the PROJECT. 3. TERM: Unless WELD COUNTY provides GREELEY with sixty (60) days notice, in writing, of its cancellation of the PROJF,CT, the term of this Agreement shall be from the date first written above to and until such time as GREELEY makes the final payment described in Paragraph 4 below. 4. CONTRIBUTION BY GREELEY: GREELEY agrees, upon receipt of an invoice, after Page 1 of 3 DocuSign Envelope ID: 0EF73AC1-F283-42B0-87C8-10BB36EEB7CF the PROJECT has been bid and awarded to a contractor, to pay to WELD COUNTY the sum of $800,000 in 2021, and $800,000 in 2022, for a total of $1,600,000, to assist with construction, inspection, and oversight of the PROJECT. 5. DESIGN AND CONSTRUCTION: WELD COUNTY shall allow GREELEY to review WELD COUNTY's design prior to the PROJECT being approved for bid and awarded to a contractor. Should GREELEY request any changes after the PROJECT has been bid and awarded to a contractor, GREELEY shall pay for design and construction -related costs associated with such changes. WELD COUNTY shall provide GREELEY with pdf and electronic CAD as -built construction drawings upon completion of the PROJECT. 6. ANNEXATION OF PROJECT: Upon receipt of the completed petition for annexation from WELD COUNTY, GREELEY agrees to process the annexation of those portions of the PROJECT not currently within its jurisdiction that are eligible and able to be annexed. 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 and 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 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. 9. 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. 10. MODIFICATION AND BREACH: 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. 11. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: GREELEY: Joel Hemesath WELD COUNTY: Elizabeth Relford Page 2 of 3 DocuSign Envelope ID: 0EF73AC1-F283-4260-87C8-10B636EEB7CF Public Works Director 1001 9t'' Avenue Greeley, CO 80631 Deputy PW Director 1150 "O" Street Greeley, CO 80632 12. 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, C.R.S. §24-10-101, et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the date written above. APPROVED AS TO SUBSTANCE: /---D000B.pnod by: NI R. No CityD11'1f'�Ptier APPROVED AS TO AVAILABILITY OF FUNDS: L�uDebbb4ned by:• . � eV DIrati o°i ririance APPROVED AS TO LEGAL FORM: e—Docu5lpncd by Atoll cfty3dEttgrif4y7_. ATTEST: darling& WELD OUNTY Clerk t. the Board WELD COUNTY, COLORADO By / 411.41/... s' �./w.i, e t t (Deputy) I lerk to the it ri�1 BOARD OF COUNTY COMMISSIONERS By: Page 3 of 3 Steve Moreno, Chair MAR 0 12021 0204-/ - D.576F<3 DocuSign Envelope ID: OEF73AC1-F283-4280-87C8-10BB36EEB7CF EXHIBIT A DocuSign Envelope ID: 0EF73AC1-F283-4260-87C8-10BB36EEB7CF THE CITY OF GREELEY, COLORADO RESOLUTION 03 , 2021 A RESOLUTION OF THE CITY OF GREELEY CITY COUNCIL AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY FOR THE CONSTRUCTION OF IMPROVEMENTS TO "O" STREET AND 35TH AVENUE INTERSECTION. WHEREAS, in accordance with C.R.S. §29-1-203, governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the[ir] cooperating or contracting units; WHEREAS, the City and Weld County currently share operational maintenance and jurisdiction of the intersection of WCR 35 (also known as 35th Avenue) and WCR 64 (also known as "O" Street); WHEREAS, 35th Avenue and "O" Street are identified as regional roads and both the City and Weld County believe that road improvements to this intersection are necessary and appropriate; WIIEREAS, Weld County is willing to fund design and construction of the road improvements to this intersection, with the City contributing $800,000 in 2021, and $800,000 in 2022; WHEREAS, both parties desire to enter into an Intergovernmental Agreement for the purpose of defining their respective roles and responsibilities regarding the completion of the 35`h Avenue and "O" Street intersection improvements; and WHEREAS, it is in the best interests of the citizens of the City to enter into this IGA, which will result in cost savings to the City as a result of partnering and working collaboratively with Weld County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: Section 1. The City Council hereby authorizes the City to execute the IGA, a copy of which is attached hereto and incorporated herein as Exhibit A. Section 2. City staff is hereby authorized to make changes and modifications to the IGA, so long as the substance of the IGA remains unchanged. Section 3. This Resolution shall become effective immediately upon its passage, as provided by the Greeley Charter. Page 1 of 2 DocuSign Envelope ID: 0EF73AC1-F283-4280-87C8-10B836EEB7CF PASSED AND ADOPTED, SIGNED AND APPROVED THIS 2nd day of February , 2021. ATTEST: THE CITY OF GREELEY, COLORADO City Clerk Mayor Page 2 of 2 Contract Form New Contract Request Entity Name* CITY OF GREELEY Entity ID* P00001551 ❑ New Entity? Contract Name * Contract ID CITY OF GREELEY IGA - 35TH AVENUE AND O STREET 4514 ROUNDABOUT IMPROVEMENTS Contract Status CTB REVIEW Contract Lead* ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* WELD COUNTY AND GREELEY SHARE JURISDICTION OF THIS INTERSECTION AND THIS IGA ALLOWS WELD COUNTY TO DESIGN, CONSTRUCT AND PROJECT MANAGE THIS INTERSECTION SAFEY IMPROVEMENT. GREELEY AGREES TO CONTRIBUTE :$800,000 IN 2021 AND $800,000 IN 2022. Contract Description 2 Contract Type AG REEM ENT Amount* $0.00 Renewable* NO Automatic Renewal Department PUBLIC WORKS Department Email CM- Will a work session with BOCC be required?* PublicWorksgweldgov.corn HAD Requested BOCC Agenda Date* 03/01/2021 Due Date 02 3'25:'2021 Department Head Email CM-PublicW©rks- DeptHead eaweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I IORNEYgWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Does Contract require Purchasing Dept. t© be included? NO 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* 03/01/2022 Renewal Date Termination Notice Period Con a Inf rmabon Contact Name Contact Type Purchasing Purchasing Approval Process Department Head JAY MCDONALD DH Approved Date 02,25,12021 Final Approval BOCC Approved BOCC Signed Elate BOCC Agenda Date 03/01/2021 Originator ERELFORD Committed Delivery Date Finance Approver CHRIS D'OVIDIO Expiration Date 06/01,2022 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 02<<26/2021 Tyler Ref it AG 030121 Legal Counsel BOB CHOATE Legal Counsel Approved Date 02;26,/2021 Hello