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Home My WebLink About20200331.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO CROSSING OF UNION PACIFIC RAILROAD (UPRR) TRACKS BY COUNTY ROADS 100 AND 98 AT U.S. HIGHWAY 85 AND AUTHORIZE CHAIR TO SIGN - TOWN OF NUNN 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 Improvements to the Crossing of Union Pacific Railroad (UPRR) Tracks by County Roads 100 and 98 at U.S. Highway 85 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 Nunn, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said 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 Improvements to the Crossing of Union Pacific Railroad (UPRR) Tracks by County Roads 100 and 98 at U.S. Highway 85 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 Nunn, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc: Pi,o(fekT,G9 -ao 2020-0331 EG0078 APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO CROSSING OF UNION PACIFIC RAILROAD (UPRR) TRACKS BY COUNTY ROADS 100 AND 98 AT U.S. HIGHWAY 85 — TOWN OF NUNN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dda440w szi. e1 Weld County Clerk to the Board County A-`orney Date of signature: 02106/20 Mike Freeman, Chair Steve Moreno, Pro-Tem arbara Kirkmeyer 2020-0331 EG0078 MEMORANDUM TO: Board of County Commissioners DATE: January 24, 2020 FROM: Elizabeth Relford, Deputy PW Director SUBJECT: Town of Nunn IGA In accordance with the work session held on November 19, 2019, Public Works is requesting the Commissioners enter into an Intergovernmental Agreement (IGA) with the Town of Nunn to work together to mitigate the impacts of the future closure of Weld County Road (WCR) 100. Nunn approved and signed the agreement and is now requesting the Commissioners approve the IGA. The agreement identifies different types of improvements the County will assist with on WCR 98, 29, and 31. Nunn agrees to close WCR 100 at US 85 and agrees to petition to annex portions of WCR 98 east of US 85 to remove the joint right-of-way ownership. Staff recommends authorization of signature on the IGA. I am available at your convenience to further discuss this matter. INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF NUNN REGARDING THE CROSSING OF UPRR RAILROAD TRACKS BY WELD COUNTY ROADS 100 AND 98 AT U.S. HIGHWAY 85 THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 16th day of January, 2020, by and between the TOWN OF NUNN, Colorado, a municipal corporation of the State of Colorado, whose address is, 185 Lincoln Avenue, Nunn, Colorado 80648, hereinafter referred to as "NUNN," 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 1150 "O" Street, Greeley, Colorado 80631, hereinafter referred to as "WELD COUNTY." The parties hereto also may be referred to herein individually as "Party" or collectively as "Parties." WITNESSETH: WHEREAS, NUNN has annexed that portion of Weld County Road ("WCR") 100 within the Union Pacific Railroad right-of-way and railroad crossing described and shown in "crosshatch" in the attached Exhibit "A," and WHEREAS, NUNN and WELD COUNTY have shared jurisdiction at WCR 98 east of Union Pacific Railroad right-of-way as described and shown in "crosshatch" Exhibit "B," and WHEREAS, the Parties have been working with the Colorado Department of Transportation ("CDOT") and Union Pacific Railroad ("UPRR") to improve the functional integrity of U.S. Highway 85, the railroad, and the county road system which includes, but is not limited to, the closing of the railroad crossing at WCR 100 and making improvements to the railroad crossing at WCR 98, and WHEREAS, NUNN and WELD COUNTY agree to work together to mitigate the impacts of the closure of WCR 100, and WHEREAS, by separate agreement, WELD COUNTY has obtained funding from CDOT to assist with improvements to WCR 98 both west and east of U.S. 85 and WCR 31 between WCR 100 and WCR 98, with said improvements being hereinafter referred to as 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: Page 1 of 4 Pages ao - 0 3,l 1. TERM: The term of this Agreement shall be from the date first written above to and until such time as the tasks required of each Party and described herein are completed. 2. TASKS TO BE PERFORMED BY WELD COUNTY: WELD COUNTY agrees to perform the following tasks: a. WELD COUNTY shall construct, pave and maintain WCR 98 from U.S. 85 west to WCR 29. b. WELD COUNTY shall construct, pave and maintain WCR 29 in Nunn's jurisdiction. c. WELD COUNTY agrees to gravel and magnesium chloride WCR 98 east from the UPRR right-of-way to WCR 31. d. WELD COUNTY agrees to gravel and magnesium chloride WCR 31 north from WCR 98 to WCR 100. e. NUNN and WELD COUNTY shall include the above -described portions of WCR 98 and WCR 31 that have been annexed by NUNN in their annual Gravel Road Maintenance Letter of Agreement for maintenance by WELD COUNTY for as long as they desire and agree such maintenance should continue. 3. TASKS TO BE PERFORMED BY NUNN: NUNN agrees to perform the following tasks: a. Authorize CDOT on behalf of NUNN to submit a petition to close the WCR 100 crossing to the Colorado Public Utilities Commission ("PUC"). b. Upon closure of the WCR 100 crossing by the PUC, Nunn will vacate that portion of WCR 100 lying within UPRR right-of-way by Resolution. c. Enter into a closure and maintenance agreement with the UPRR and/or CDOT which addresses maintenance aspects regarding the closure of the WCR 100 crossing. d. Upon receipt of a lawful petition for annexation, Nunn agrees to conduct a hearing on whether to annex WCR 98 between WCR 29 and WCR 31 and WCR 31 between WCR 98 and WCR 100. 4. 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. 5. 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. Page 2 of 4 Pages 6. 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. 7. 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. 8. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: NUNN: WELD COUNTY: Mayor Terry Tinsley c/o Cathy Payne, Town Clerk 185 Lincoln Avenue Nunn, CO 80648 Phone: 970-897-2385 Elizabeth Relford, Deputy Director P.O. Box 758, 1111 "H" Street Greeley, CO 80632 Phone: 970-400-3750 9. 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. Page 3 of 4 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: By: t,�it�u, Pa/c Cathy 1 'ne, To Clerk ATTEST: • WELD CO to "the aar By: Deputy CS rk t the :! � : .‘`. t TOWN OF NUNN, COLORADO By: Terry Tinsley, Mayor BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Mike Freeman, Chair JAN 2 7 2020 Page 4 of 4 Pages 02,V O - 00331 EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTH ONE-HALF OF SECTION 28, AND THE NORTH ONE-HALF OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF WELD COUNTY ROAD 100 LAYING WITHIN THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD, FROM THE EASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD TO A LINE PARALLEL WITH AND 150.00 FEET EASTERLY FROM THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, AS LOCATED IN THE SOUTH ONE-HALF OF SAID SECTION 28, AND THE NORTH ONE-HALF OF SAID SECTION 33, AND BEING 260.00 FEET IN LENGTH MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. RIGHT OF WAY VACATION WCR 100 AT HWY 85 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 100 VACATION PROJECT NO: BIL-67 SCALE: DATE: 9-10-18 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A SW 1/4 S28-T9N-R66W NW 1/4 S33-T9N-R66W NUNN -NTS- RIGHT OF WAY VACATION WCR 100 AT HWY 85 WELD COUNTY, COLORADO GOu NTY -I Y SE 1/4 S28-T9N-R66W NE 1/4 S33-T9N-R 66W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 100 VACATION PROJECT NO: BIL-67 SCALE: DATE: 9-10-18 DRAWN BY: DRH SHEET: 2 of 2 Exhibit B New Contract Request Entity Information Entity Name* NUNN, TOWN OF Contract Name* TOWN OF NUNN IGA Contract Status CTB REVIEW Entity ID* @00002332 ❑ New Entity? Contract ID 3373 Contract Lead* ERELFORD Contract Lead Email erelford@coweldco.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGENCIES WORKING TOGETHER TO ENSURE SAFETY OF US 85 IN THE AREA COUNTY WILL IMPROVE COUNTY ROADS 98, 29 AND 31 TO ASSIST WITH THE TOWN'S CLOSURE OF CR 100. Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks@weidgovcom Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY AIIORNEY E L County Attorney Email CM- COUNTYATTORN EY @WELD GOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 01/27/2020 Due Date 01/23/2020 Will a work session with BOCC be required?* HAD 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 Onaase E' Termination Notice Period Review Date 01/27/2021 Renewal Date Committed Delivery Date Expiration Date* 01/27/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 01/21/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01/27/2020 Originator ERELFORD Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 01/22/2020 Tyler Ref #E AG 012720 Legal Counsel BOB CHOATE Legal Counsel Approved Date 01!2212020 Submit Hello