HomeMy WebLinkAbout20212497.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF CAPITAL
IMPROVEMENTS ON EAST COUNTY LINE ROAD/COUNTY ROAD 1 AND
AUTHORIZE CHAIR TO SIGN - BOULDER 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
Funding of Capital Improvements on East County Line Road, aka County Road 1, 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 Boulder County, 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 Funding of Capital
Improvements on East County Line Road, aka County Road 1, 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 Boulder County, 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 18th day of August, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4 ;ok
Weld County Clerk to the Board
County Attorney
Date of signature: o/2712
Steve •reno, Chair
2021-2497
EG0079
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Boulder County IGA — East County Line (ECL) Road Master Plan
DEPARTMENT: Public Works
PERSON REQUESTING: Elizabeth Relford, Deputy Director
DATE: August 9, 2021
Brief description of the problem/issue:
Boulder County requests entering into an IGA with Weld County for the coordinated design of widening
(shoulder) improvements from the intersection of Quicksilver Lane and East County Line (ECL) Road (WCR 1)
south to the intersection of WCR 20.5. In accordance with the ECL Road Master Plan, a roundabout is
proposed at this intersection. Please refer to the attached IGA and concept plan.
Boulder County is estimating the design to cost $760,000. Therefore, if we split the costs 50/50, Weld County's
share would be $360,000. Also, attached are the conceptual improvements from the ECL Road Master Plan.
Bob Choate, with the County Attorney's office has reviewed the IGA, with no further changes.
Lastly, in accordance with the Board's approval, Boulder County has submitted the ECL Road Master Plan,
with us as a co -applicant for an award nomination to American Public Works Association (APWA).
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve to have the IGA placed on the next available BOCC agenda.
• Request a work session to discuss.
Recommendation:
Staff recommends approval to place the IGA on the next available BOCC agenda.
Approve Schedule
Pass Around Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
2021-2497
c)531 ooloi
Intergovernmental Agreement between Boulder and Weld Counties
Concerning Funding of Capital Improvements on
East County Line Road / Weld County Road 1
This Intergovernmental Agreement (the "Agreement") is entered into as of the E 'day of
IfAvOl U,S+ , 2021, by and between the County of Boulder, a body corporate and politic of the
State .bf Colorado ("Boulder County" or "Boulder"), and the County of Weld, a body corporate
and politic of the State of Colorado ("Weld County" or "Weld") (each a "Party" or, collectively,
the "Parties").
RECITALS
WHEREAS, the functions described in this Agreement are lawfully authorized to each of
the Parties which perform such functions hereunder, as provided in article 20 of title 29; part 1 of
article 28 of title 30; §§ 31-12-101 et seq.; C.R.S., as amended; and
WHEREAS, §§ 29-1-201 et seq., C.R.S., as amended, authorizes the Parties to cooperate
and contract with one another with respect to functions lawfully authorized to each of the Parties
and the people of the State of Colorado have encouraged such cooperation and contracting through
the adoption of Colorado Constitution, Article XIV, §18 (2); and
WHEREAS, the Parties have followed the procedure required for each to enter into this
Agreement; and
WHEREAS, Boulder County completed the East County Line Road / Weld County Road
1 Master Plan ("Master Plan") in 2021 with participation by Weld County, the City of Longmont
and Town of Erie; and
WHEREAS, the Master Plan recommendations include multiple improvements of East
County Line Road / Weld County Road 1 (the "Road") between the city of Longmont and town of
Erie to improve roadway safety, user mobility and flood resiliency; and
WHEREAS, Weld and Boulder wish to begin design on a one -mile segment of the Road
between Boulder County Road 20 (Quicksilver Road) and a point 1,500 feet south of Weld County
Road 20.5, that includes widening the road to provide seven -foot paved shoulders for user safety,
a roundabout at the intersection with Weld County Road 20.5 / Pike Road, and the replacement of
the Dry Creek No. 2 minor structure to protect the Road against future flooding (the "Project") as
shown in Exhibit "A"; and
WHEREAS, the Parties wish to pursue implementation of the Project as recommended by
the Master Plan; and
WHEREAS, a separate Agreement Concerning Road Maintenance between Boulder
County and Weld County from May 14, 1997 says that "major maintenance shall be completed on
a cooperative basis with each county funding 50% of the cost".
1
AGREEMENT
NOW THEREFORE, in consideration of the above and the mutual covenants and
promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
A. PROJECT SCOPE, DESCRIPTION AND RESPONSIBILITIES:
1. Boulder shall serve as the lead agency responsible for managing the design of the
Project and shall include Weld in project scoping, design review, progress meetings
and discussion. The design shall generally conform to the recommendations in the
Master Plan along with any minor modifications agreed upon during design scoping.
2. Boulder will invoice Weld for fifty percent (50%) of the contracted design cost, less
any outside contributions, not to exceed $360,000 (three -hundred sixty thousand
dollars and 00/100 cents), starting October 1, 2021. Neither the invoiced costs nor the
payment will include any payroll costs or cost of right-of-way acquisition. Weld shall
pay all invoices from Boulder within sixty (60) days of receipt of the same.
3. The Parties agree that each will be responsible for the acquisition of property within
their own jurisdiction, notwithstanding the centerline of the road or each Party's
current or future maintenance obligations.
4. The Parties agree that any additional non -Party funds obtained for the design of the
Project shall be applied equally to reduce each Party's share of the design costs of the
improvements.
5. The Parties agree to pursue joint funding of construction of all or part of the Project.
6. While this Agreement is not intended to alter the section line jurisdictional boundaries
between Weld and Boulder Counties, the improvements may require the Project to
shift into one jurisdiction more than another to help mitigate impacts to existing
properties. Therefore, it is the intent of this Agreement to identify maintenance
ownership to be divided at the center of the roadway regardless of the Project's exact
location and should be consistent with future maintenance agreements between the
Parties.
B. ENTIRE AGREEMENT; AMENDMENTS.
This Agreement contains the entire agreement between the Parties. It may be amended only
by written agreement approved by both Parties.
C. SEVERABILITY.
If any portion of this Agreement is held by a court in a final, non -appealable decision to be
invalid or unenforceable as to any Party, but the fundamental terms and conditions of this
Agreement continue to be legal and enforceable, then the remainder of the Agreement shall
continue to be operative and binding on the Parties.
2
D. NO JOINT VENTURE OR PARTNERSHIP.
Nothing contained in this Agreement is intended to create a partnership or joint venture
between the City and the County with respect to design or construction of the Project, and
any implication to the contrary is hereby expressly disavowed. It is understood and agreed
that this Agreement does not provide for the joint exercise by the parties of any activity,
function or service, nor does it create a joint enterprise, nor does it authorize any Party
hereto to act as an agent of the other Party hereto for any purpose whatsoever.
E. NO THIRD -PARTY BENEFICIARIES.
The Parties, in their corporate and representative governmental capacities, are the only
entities intended to be the beneficiaries of the Agreement, and no other person or entity is
so intended.
F. ENFORCEMENT.
Any one or more of the Parties may enforce this Agreement by any legal or equitable means
including specific performance, declaratory and injunctive relief. No other person or entity
shall have any right to enforce the provisions of this Agreement.
G. GOVERNING LAW AND VENUE.
The laws of the State of Colorado shall govern this Agreement and venue shall lie in either
the County of Boulder or County of Weld.
H. PARTY REPRESENTATIVES; NOTICE.
Referrals made under the terms of this Agreement shall be sent to the Parties'
representatives listed below. Any required notices or referrals shall be in writing and shall
be hand delivered or sent by facsimile transmission or United States mail, postage prepaid,
to the addresses of the parties herein set forth. All notices by hand delivery shall be
effective upon receipt. All facsimile transmissions shall be effective upon transmission
receipt. All notices by mail shall be considered effective seventy-two (72) hours after
deposit in the United States mail with the proper address as set forth below.
ENTITY:
County of Boulder
County of Weld
REPRESENTATIVE:
Tim Swope, AICP
Capital Program Coordinator
Boulder County Public Works Department
P.O. Box 471
Boulder, CO 80306
Elizabeth Relford
Deputy Director
Weld County Public Works Department
P.O. Box 758
Greeley, CO 80632
3
Name or address changes for representatives shall be made in writing, mailed to the other
representatives at the then current address.
I. GOVERNMENTAL IMMUNITY.
Nothing in this Agreement shall constitute a waiver, in whole or in part, of the
governmental immunities, rights, or protections provided to the Parties by the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101 to -120, or any similar or successor
statutes of the State of Colorado.
J. INSURANCE.
Each Party is a "public entity" under the Colorado Governmental Immunity Act, C.R.S. §
24-10-101, et seq., as amended, and shall always during the terms of this Agreement
maintain liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the Act. This insurance shall have minimum limits, which shall match
or exceed the maximum governmental liability limits set forth in C.R.S. § 24-10- 114, as
amended.
K. HEADINGS.
The paragraph headings in this Agreement shall not be used in the construction or
interpretation hereof as they have no substantive effect and are for convenience only.
L. PAYMENT SUBJECT TO APPROPRIATION.
The provisions of this Agreement are contingent upon funds for that purpose being
appropriated, budgeted and/or specific funds otherwise made available to discharge any
obligations that arise under this Agreement.
4
DocuSign Envelope ID: 90EBF02D-493A-499F-8677-C72C8ADE9DSC
EXECUTED as of the date first set forth above.
BOULDER COUNTY:
*Malt" Yort44,
Matt Jones, Chair
Board of Boulder County Commissioners
Attest: a, e,,,,,,,,
Clerk to the Board
5
DocuSigrr
Certificate Of Completion
Envelope Id: 90EBF02D493A499F8677C72C8ADE9D8C
Subject: [7400] IGA, Weld County, East County Line Road/Weld County Road 1, NTE $360,000, 9/8/21
Type of Document:
E/O DH Signed Contract
Department/Office: Public Works
Source Envelope:
Document Pages: 9
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking
Status: Original
9/8/2021 3:05:16 PM
Signer Events
Cecilia Lacey
clacey@bouldercounty.org
Clerk to the Board
Boulder County
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/4/2019 10:48:43 AM
ID: 8dc23e53-97ec-4c84-89b1-ac0e486f4a9a
Company Name: Boulder County
Matt Jones
mjones@bouldercounty.org
Chair
Boulder County
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/7/2020 2:28:23 PM
ID: 812ef2ee-ea8c-4a5d-95f0-d2a1 ee9d6944
Company Name: Boulder County
Cecilia Lacey
clacey@bouldercounty.org
Clerk to the Board
Boulder County
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 6/4/2019 10:48:43 AM
ID: 8dc23e53-97ec-4c84-89b1-ac0e486f4a9a
Company Name: Boulder County
In Person Signer Events
Editor Delivery Events
Signatures: 2
Initials: 1
Holder: Laura Konersman
lkonersman@bouldercounty.org
Signature
Signature Adoption: Pre -selected Style
Using IP Address: 97.118.3.253
Itra Tslowos
Signature Adoption: Pre -selected Style
Using IP Address: 73.229.62.134
Signature Adoption: Pre -selected Style
Using IP Address: 97.118.3.253
Signature
Status
Status: Completed
Envelope Originator:
Laura Konersman
2025 14th St
Boulder, CO 80302
lkonersman@bouldercounty.org
IP Address: 129.152.47.52
Location: DocuSign
Timestamp
Sent: 9/8/2021 3:10:22 PM
Viewed: 9/14/2021 11:31:17 AM
Signed: 9/14/2021 11:31:23 AM
Sent: 9/14/2021 11:31:24 AM
Viewed: 9/14/2021 2:51:46 PM
Signed: 9/14/2021 2:51:54 PM
Sent: 9/14/2021 2:51:56 PM
Viewed: 9/14/2021 6:57:29 PM
Signed: 9/14/2021 6:57:34 PM
Timestamp
Timestamp
WELD COUNTY
Steve Moreno, Chair
AUG-1 8 2021
Board of Weld County Commissioners
ATTEST: derittA)
Weld o ty Clerk t
BY:
Deputy C
6
EXHIBIT "A"
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Contract Form
New Contract Request
Entity Information
Entity Name*
BOULDER COUNTY
Entity ID*
°00004496
Contract Name *
EAST COUNTY LINE ROAD (WCR 1) IMPROVEMENTS IGA
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
5181
Contract Lead*
ERELFORD
Contract Lead Email
erelfordco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
BOULDER COUNTY IS RESPONSIBLE FOR MAINTENANCE ON CR 1, THIS IGA IS FOR CAPITAL IMPROVEMENTS ON WCR 1
INCLUDING WIDENING - SHOULDERS AND WCR 20.5 ROUNDABOUT. THIS IGA IS A 50 50 SHARE FOR THE DESIGN OF THE
CONSTRUCTION IMPROVEMENTS.
Contract Description 2
BOCC UNANIMOUSLY APPROVED AT WORK SESSION HELD ON MAY 26, 2021.
Contract Type*
AGREEMENT
Amount*
$ 360,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
YES
Department
PUBLIC WORKS
Requested BOCC Agenda
Date*
08 18/2021
Due Date
08:14 2021
Department Email
CM- Will a work session with BOCC be required?*
PubiicWorks:0weldgev.com HAD
Department Head Email
CM-PublicWorks-
DeptHeadweldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BC H OAT ECO, WELD.CO. US
IGA Deadline Date
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. to be included?
NO
Note' the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Review Date*
08 18 2022
Renewal Date
Termination Nonce Period
Committed Delivery Date
Expiration Date k
08 18;2022
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
08, 11 2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08;` 1 8. 2021
Originator
ERELFORD
Contact Type Contact Email
Finance Approver
CHRIS D'OV1DIO
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
08'12 2021
Tyler Ref #
AG 081821
Legal Counsel
BOB CHOATE
Contact Phone 2
Legal Counsel Approved Date
08,16 2021
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