HomeMy WebLinkAbout20201895.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ROADWAY
IMPROVEMENTS FOR 23RD AVENUE BETWEEN 37TH STREET AND 42ND STREET
AND AUTHORIZE CHAIR TO SIGN - CITY OF EVANS
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
Roadway Improvements for 23rd Avenue between 37th Street and 42nd 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 Evans, 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 Roadway Improvements for
23rd Avenue between 37th Street and 42nd 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 Evans, 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 22nd day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d4orAdiv C 4elue:64,
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the Board
ou % Attorney
Date of signature: Q&125/20
Mike Freeman, Freeman, Chair
S
Kevin D. Ross
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og/io/20
2020-1895
EG0078
INTERGOVERNMENTAL AGREEMENT
FOR ROADWAY IMPROVEMENTS FOR 23rd AVENUE, BETWEEN
37th STREET AND 42nd STREET
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered
into this 1day of 5t,A( , 2020, by and between the City of Evans, Colorado, a municipal
corporation of the State of olorado, whose address is 1100 37th Street, Evans, Colorado 80620,
hereinafter referred to as "Evans," 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." Evans and Weld County are each referred to herein as "Party," and collectively as "the
Parties."
WITNESSETH:
WHEREAS, at present, the City of Evans and Weld County share jurisdiction of 23rd
Avenue, from 37th Street and 42nd Street, hereinafter referred to as "23rd Avenue," which Evans
intends to annex the remaining portion thereof, and
WHEREAS, Evans desires to make certain road improvements to 23rd Avenue as
described and detailed herein, hereinafter referred to as the "Project," and agrees to commence
annexation proceedings for the entirety of 23rd Avenue, and
WHEREAS, Weld County agrees to contribute $2,000,000 to help pay for the Project
because of its benefit to transportation in the area, and
WHEREAS, Weld County agrees to petition Evans for the annexation of 23rd Avenue
using petition forms and annexation plat provided by Evans, and
WHEREAS, both Parties are authorized to enter into said 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 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: The Project's improvements shall consist of
Evans' designing the ultimate arterial configuration from 23rd Avenue to 42nd Street. The
construction will be a four -lane arterial street with median, curbs, gutters and sidewalks.
The Project will include right-of-way acquisition, surveying, design, utility relocations,
waterline and storm sewer installation, traffic signal modifications at 37th Street and 42nd
Streets, intersection improvements at 37th and 42nd Streets, street landscaping and
irrigation, street lighting, fill, grading, paving and concrete work. A cross-section of the
Project is attached hereto as Exhibit "A." Estimated completion of the Project will be no
Page 1 of 3
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later than December 31, 2023. All procurement for and management of the Project shall
be the responsibility of Evans.
3. ANNEXATION OF 23rd AVENUE BY EVANS: Evans agrees to commence proceedings
for the annexation of 23rd Avenue within six (6) months after the approval and signing of
this Agreement by both Parties. Weld County agrees to petition Evans for the annexation
of 23rd Avenue. The petition form, annexation plat, and all annexation fees will be
provided by Evans at no cost to Weld County.
4. PAYMENT OF COSTS FOR PROJECT AND REIMBURSEMENT: Weld County
agrees to pay $2,000,000 to Evans as Weld County's entire financial contribution to the
Project. The sum of $1,000,000 will be paid upon approval and signing of this
Agreement by both Parties. The sum of $1,000,000 will be paid upon substantial
completion of the Project. All costs for the Project in excess of the $2,000,000 paid by
Weld County shall be the responsibility of Evans.
a. As development of properties adjacent to 23rd Avenue occurs, transportation
impact fees that are assessed by the City of Evans attributable to such properties
presently in unincorporated Weld County will be paid to Weld County as
reimbursement for Weld County's contribution to the Project.
b. Evans and Weld County agree to discuss collaboration to form an Urban Renewal
Area (URA) to facilitate additional reimbursement of Project costs or help
facilitate development in the blighted areas in the vicinity of 23rd Avenue.
Revenues from the URA may be used to reimburse some or all of the costs for the
Project incurred by the Parties, subject to plans for the URA area collaboratively
developed by the Urban Renewal Authority and Weld County.
c. Once Project design and construction details are known, Evans and Weld County
agree consider a collaborative application for a DOLA Energy Impact grant, the
proceeds of which would offset the costs as then agreed to by the Parties.
5. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto,
constitutes the entire Agreement between the Parties with respect to the subject matter
herein, and shall be binding upon the Parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of the Parties.
6. 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 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 Parties that
any entity other than the Parties receiving services or benefits under this Agreement shall
be incidental beneficiary only.
8. 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
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such provision to the extent that this Agreement is then capable of execution within the
original intent of the Parties.
9. MODIFICATION AND BREACH: This Agreement contains the entire Agreement and
understanding between the Parties 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 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, 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.
10. NOTICES: All notices required herein shall be mailed via First Class Mail to the
Parties' representatives at the addresses set forth below:
EVANS:
Brian Rudy, Mayor
1100 37th Street
Evans, CO 80620
Phone: 970-475-1104
WELD COUNTY:
Jay McDonald, Director, Public Works
P.O. Box 758, 1111 "O" Street
Greeley, CO 80632
Phone: 970-304-6496
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 Parties hereto have executed this Agreement in duplicate
of the day and year first hereinabove wr F
ATTEST:
- (SEAL
By:�
Karen Frawley, Clerk ; •..•. •' j �`Brian Rudy, Mayor
O1.ORPO\,`‘`
dorh,v
,Y OF EVANS, COLORADO
ATTEST:
y
BOARD OF COUNTY COMMISSIONERS
WELD C I UNTY Clerk to the Board WELD COUNTY, COLORADO
By:
(Deputy) Cl"' t. he Boar, i'
of 3
Mike Freeman, Chair
JUN 2 2 2020
aoao-/19 )
110'
C
O
STAMPED CONCRETE:
WINDSOR COBBLE
PATTERN
COLOR:
SUN BAKED CLAY/GRAY
12'
LANE
21'
2'-
12'
LANE
10' DETACHED
SIDEWALK BOTH SIDES
16'
SPILL CURB
MEDIAN DETAIL
68'
0
16' MEDIAN/
14' TURN LANE
W/2' DIVIDER
CURB
12'
LANE
12'
LANE
f 2'
CURB AND GUTTER TYPE 2 SECTION
II -B (TYP.) SEE STANDARD DETAIL S-6
11' LANDSCAPE
PARKWAY
21'
NOTES:
1. CUT AND FILL SLOPES SHALL BE A MAXIMUM OF 4:1.
0
2. RIGHT OF WAY AND EASEMENT AREAS SHALL BE GRADED (CUT & FILL)
TO SUBGRADE ± 6" AT UTILITY LOCATIONS, INCLUDING SERVICES, PRIOR
TO UTILITY INSTALLATION.
3. STANDARD CROWN SLOPE IS 2%. WITH SPECIAL DESIGN REVIEW, 1% TO
4% IS ALLOWABLE AT TRANSITION AND OTHER ATYPICAL SECTIONS.
4. LANDSCAPED PARKWAY OF EITHER MAINTAINED TURF OR XERISCAPE IS
REQUIRED.
5. NO PARKING SIGNS REQUIRED, BOTH SIDES OF STREET.
City of
Evans, Colorado
Public Works
Department
ROADWAY SECTION DETAIL
ARTERIAL
Scale: N.T.S
Detail No. S-22
May 2019
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