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Home My WebLink About20203798.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION TO ROADWAY IMPROVEMENTS AT INTERSECTION OF COUNTY ROADS 74 AND 35 AND AUTHORIZE CHAIR TO SIGN - TOWN OF EATON 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 to Roadway Improvements at the Intersection of County Roads 74 and 35 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 Town of Eaton, 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 Contribution to Roadway Improvements at the Intersection of County Roads 74 and 35 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 Town of Eaton, 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 21st day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ) Weld County Clerk to the Board BY: APP ounty ttorney Date of signature: f /3 Kevin D. Ross Mike Freeman, Chair Steve Moreno Pro-Tem Scott K. James 2020-3798 EG0078 cc:pw(ER/ci-) oa/02/21 ID1-4/13lef BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Eaton IGA - WCR 74/35 Roundabout DEPARTMENT: Public Works PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: DATE: December 14, 2020 In accordance with a work session held on November 2, 2020, the Commissioners agreed to work with the Town of Eaton on an IGA for improvements at the intersection of WCR 74 and WCR 35. While the majority of the intersection is within Eaton's jurisdiction, Weld County does have jurisdiction of approximately one leg of the intersection. Eaton intends on constructing a roundabout at the intersection and Weld County's proportional share of those safety improvements was estimated to be 25% or $1,800,000. The Commissioners did approve this project being included in Public Works 2021 CIP contingent upon an agreement being in place with the Town prior to construction. Eaton's Town Board approved the IGA and now we are requesting the Commissioners place the IGA on your agenda for approval. Eaton will project manage the design, ROW acquisition, utility relocations, and construction. They anticipate constructing the safety improvements in the summer of 2021. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Option 1: Approve putting the IGA on the next available BOCC agenda. Option 2: Do not approve moving forward with this project. Option 3. Request a work session to further discuss. Recommendation: Public Works recommends placing the IGA on the Commissioners next available BOCC agenda. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross /O2/.2 / Approve Schedule Recommendation Work Session Other/Comments: mr 2020-3798 �C� 00-18 INTERGOVERNMENTAL AGREEMENT FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS FOR THE WELD COUNTY ROAD ("WCR") 74/35 INTERSECTION THIS Ipl•TERG VERNMENTAL AGREEMENT ("Agreement") is made and entered into thiseR ay of , 2020, by and between the Town of Eaton, Colorado, a municipal corporation of the State of Colorado, whose address is 223 First Street, Eaton, CO 80615, hereinafter referred to as "Eaton," 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, Eaton and Weld County share jurisdiction of the intersection of Weld County Road ("WCR") 74 and WCR 35 ("Intersection"), and WHEREAS, Eaton desires to make certain safety improvements to the Intersection, hereinafter referred to as the "Roundabout Project," and WHEREAS, Eaton requests contribution from Weld County to pay a proportional share based on jurisdiction to Eaton to offset a portion of the costs of the Roundabout Project, and WHEREAS, Weld County agrees to said payment, because of the benefit of such Roundabout Project to transportation in the area, and WHEREAS, both parties to this Agreement 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 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 Roundabout Project described herein shall be completed. 2. DESCRIPTION OF IMPROVEMENTS: Eaton will be responsible for designing, acquiring right-of-way, obtaining utility relocations, constructing and managing the Roundabout Project. 3. CONTRIBUTION BY WELD COUNTY: Weld County will review and approve the design of the Roundabout Project. Weld County agrees to pay to Eaton the sum of $1,800,000 as a proportional share contribution to the Roundabout Project by March 1, 2021, upon receipt of an invoice from Eaton. Page 1 of 3 Sao -(5791G) 4. ANNEXATION OF WCR 74 BY EATON: To ensure seamless maintenance, Eaton agrees to annex the western portion of WCR 74 at the Intersection upon completion of the Roundabout Project. Weld County agrees to petition for annexation of that portion of the right-of-way on behalf of Eaton in accordance with the project limits. While the project limits haven't been delineated, Exhibit A depicts an example of what the expectation would be. 5. 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 ands assigns of said 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 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 incidental beneficiary only. 7. 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. 8. MODIFICATION AND BREACH: This Agreement contains the entire agreement and understanding between the parties to 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. 9. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: of EATON: Town of Eaton Attn: Jeff Schreier 233 First Street Eaton, CO 80615 Phone: 970-454-3338 WELD COUNTY: Board of County Commissioners Weld County; Attn: Elizabeth Relford P.O. Box 758 1111 "O" Street Greeley, CO 80632 Phone: 970-400-4200 Page 2 of 3 Notwithstanding the foregoing, notice of routine matters related to this Agreement may be accomplished 'by electronic mail on the condition that the recipient of the electronic mail correspondence acknowledges receipt thereof. 10. 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 written. ATTEST: ATTEST:j„i ;t1 WELD COUNTY Clerk to he Board By: ane Winter, Town Clerk (�� /� (Deputy) V/ erk t a the Bit • TOWN OF EATON, COLORADO By: Scott Moser, Mayor BOARD OF COUNTY COMMISSIONERS \\ !MD COUNTY, COLORADO By: eriA4:34-e"------- Page 3 of 3 Mike Freeman, Chair DEC 2 12020 a6O7n - 3 7980 Contract Form New Contract Request Entity Information Entity Name* EATON, TOWN OF Entity ID* @'00002373 Contract Name* EATON IGA - WCR 74/35 ROUNDABOUT IMPROVEMENTS Contract Status CTB REVIEW ❑ New Entity? Contract ID 4318 Contract Lead* ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND EATON FOR ROUNDABOUT INTERSECTION IMPROVEMENTS AT WCR 74/35 INTERSECTION. WELD COUNTY'S PROPORTIONAL SHARE IS $ 1,800,000 TO THE TOTAL PROJECT COST. Contract Description 2 WORK SESSION HELD ON NOV. 2ND. CTB GIVEN TWO (2) ORIGINALS SIGNED BY EATON (IN CTB HOLDING). Contract Type* AGREEMENT Amount* $1,800,000.00 Renewable* NO Automatic Renewal Grant IGA YES Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead'weldgov.com County Attorney BRUCE BARKER County Attorney Email BBARKER@CO. WELD. CO. US Requested BOCC Agenda Date* 12/16/2020 Due Date 12/12/2020 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO IGA Deadline Date If this is a renewal enter previous Contract ID If this is part 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+31/2021 Termination Notice Period Committed Delivery Date Expiration Date* 12/31/2021 Contact Infarmatio Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 12/15/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/21/2020 Originator ERELFORD Contact Type Contact Email Finance Approver CHRIS D'OV1DIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 12,15,+2020 Tyler Ref # AG 122120 Legal Counsel BOB CHOATE Legal Counsel Approved Date 12/16/2020 Hello