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Home My WebLink About20212553.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS TO "0" STREET AND 59TH AVENUE INTERSECTION 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 the Construction of Improvements to the"0" Street and 59th Avenue Intersection 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 August 25, 2021, and ending December 31, 2023, 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 the Construction of Improvements to the "O" Street and 59th Avenue Intersection 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 25th day of August, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d�,/ p;ok, EXCUSED Steve oreno, Chair Weld County Clerk to the Board / S es, Pro-TT BY: il l .:. c• -i Deputy Clerk to the Board ►�•• p Y • .% r1��j✓ t ,�, 1 . 1 /4s PerryL. BucolAPP ED5 4�► ' foot, �ii XCUSED ,� �MI ike Freeman County A orney -.,1 \44.. Date of signature: 0813I/2-- 2021-2553 CC: PbJ(ER/CN) EG0079 act/aq/2I / I 'ao7 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: City of Greeley IGA—59th Avenue&0 Street Roundabout DEPARTMENT: Public Works DATE: 8/13/2021 PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: As identified in Public Works Capital Improvement Plan (CIP) work session on October 13, 2020 the Commissioners agreed to partner with Greeley on a joint 59th Avenue& 0 Street roundabout project. The City of Greeley has drafted an IGA for the Board's consideration of the project. Weld County's jurisdiction is the west leg of the intersection and per the IGA Weld County agrees to contribute $1,669,565 in 2022 to assist with the construction, inspection, and oversight of the project. Greeley agrees to design and construct the project as well as annex those portions of the project not currently within their jurisdiction. Greeley is estimating the construction project to cost $5,212,000 and plans to complete it no later than December 31, 2023. We request putting this IGA on the Board's agenda for approval. What options exist for the Board? (include consequences,impacts,costs,etc. of options): • BOCC approves placing this agreement on the next available agenda. • BOCC denies the pass around and requests a work session. Recommendation: Staff recommends the Board consider placement of the IGA on your next available agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L.Buck Mike Freeman mir Scott K.James,Pro-Tern Steve Moreno,Chair /14 Lori Saine 2021-2553 DocuSign Envelope ID:2B0B4CF1-5544-4DEF-976B-CDC3AA40D5FD INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS TO "0" STREET & 59th AVENUE INTERSECTION o � THIS INTERGOVERNMENTAL AGREEMENT is made and entered into thisacz.. day �„� < / , 2021, by and between the City of Greeley, Colorado, a home rule municipality of the Se of Colorado, whose address is 1000 10th Street, Greeley, Colorado 80631, hereinafter referre. o 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 "0" 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 31 (also known as 59th Avenue) and WCR 64 (also known as "0" Street), hereinafter together referred to as the "0 STREET & 59TH AVENUE INTERSECTION,"which GREELEY intends to annex, and WHEREAS,WELD COUNTY AND GREELEY wish to make certain improvements to the "0" STREET & 59TH AVENUE INTERSECTION, with said improvements being hereinafter referred to as the "PROJECT," and WHEREAS, GREELEY has agreed to be the lead agency on design, acquiring right-of- way, utility relocations, and constructing the PROJECT, and WHEREAS, GREELEY has budgeted $5,212,000 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, GREELEY plans to undertake and complete the PROJECT no later than December 31, 2022; however, if the PROJECT is not completed by December 31, 2023, GREELEY shall reimburse WELD COUNTY for any amount contributed to the PROJECT to that date. 3. TERM: Unless WELD COUNTY provides GREELEY with sixty (60) days' notice, in writing, of its cancellation of the PROJECT, 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. Page 1 of 3 DocuSign Envelope ID:2B0B4CF1-5544-4DEF-976B-CDC3AA40D5FD 4. CONTRIBUTION BY WELD COUNTY: WELD COUNTY agrees, upon receipt of an invoice,after the PROJECT has been bid and awarded to a contractor,to pay to GREELEY the sum of$1,669,565 in 2022 to assist with construction, inspection, and oversight of the PROJECT. 5. DESIGN AND CONSTRUCTION: GREELEY shall allow WELD COUNTY to review GREELEY's design prior to the PROJECT being approved for bid and awarded to a contractor. Should WELD COUNTY request any changes after the PROJECT has been bid and awarded to a contractor, WELD COUNTY shall pay for design and construction- related costs associated with such changes. GREELEY shall provide WELD COUNTY 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. Page 2 of 3 DocuSign Envelope ID:2B0B4CF1-5544-4DEF-976B-CDC3AA40D5FD 11. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: GREELEY: WELD COUNTY: Joel Hemesath Elizabeth Relford Deputy PW Director Deputy PW Director 1001 9th Avenue 1150"0" Street Greeley, CO 80631 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. CITY OF GREELEY: APPROVED AS TO SUBSTANCE: —DocuSigned by: roy <k. City-wi t APPROVED AS TO AVAILABILITY OF FUNDS: ,—DocuSigned by: DiratftiMPFinance APPROVED AS TO LEGAL FORM: r—DocuSigned by: Vs ittAktt Ci yEattor'ney ATTEST: V.odedtvi) 'e1 BOARD OF COUNTY COMMISSIONERS WELD _•LINTY Clerk to t - Board WELD COUNTY, COLORADO By ' ./`1As'�lj �y y: (Deputy) I/er tot a B, 'j ' :'' 1 S t K. James, Pro—Tern . .417. AUG252021 Page 3 of 3 �� _a 653 Contract Form New Contract Request Entity Information Entity Name* Entity ID New Entity? CITY OF GREELEY g00001551 Contract Name Contract ID Parent Contract ID 59TH AVENUE&0 STREET ROUNDABOUT IGA 5207 Contract Status Contract Lead* Requires Board Approval CTB REVIEW ERELFORD YES Contract • Email Department Project# erelford@co.weld.co.us Contract Description* WELD COUNTY HAS AGREED TO ENTER INTO AN IGA WITH GREELEY FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF 59TH AVE. (WCR 31)AND 0 STREET(WCR 64). WELD COUNTY WILL CONTRIBUTE S1,669,565 FOR OUR PROPORTIONATE SHARE. Contract Description 2 GREELEY ESTIMATES THE PROJECT TO COST 55,212,000 AND AGREES TO ANNEX ALL PORTIONS OF THE INTERSECTION NOT CURRENTLY IN THEIR JURISDICTION UPON CONSTRUCTION COMPLETION. Contract Type* Department Requested BOCC • •nda Due Date AGREEMENT PUBLIC WORKS Date* 08 19,2021 08'23/2021 Amount* • . nt Email 51,659,565.00 CM- Will a work session with BOCC be required?* PublicWorkseldgov.com HAD • • n tie* NO Department Head Email Does Contract require Purchasing Dept.to be included? CM-PublicWorks- Automatic Renewal DeptHeadgweldgov.com Grant County Attorney BOB CHOATE IGA County Attorney Email YES BCHOATE@CO.WELD.CO.US IGA •• •line Date 1231,2023 If this is a renewal enter previous Contract ID If this is • of a MA 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 Review Date* Renewal Date 12_ 31 2023 Termination Notice Period Expiration Date* Committed Delivery Date 12 31,2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing • • over Purchasing • • •roved Date Approval Process Department H • Finance Approver Legal Counsel JAY MCDONALD CHRIS D'OV1D10 BOB CHOATE DH Approved Date Finance Approved Date Legal Counsel Approved Date OS 19/2021 08/20,2021 08 20 2021 Final Approval BOCC Approved Tyler Ref# AG 082521 ROCC Signed Date IOCC Agenda Date 08,25/2021 Originator ERELFORD Hello