HomeMy WebLinkAbout20202950.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR 37TH STREET WIDENING
BETWEEN 35TH AVENUE AND 47TH AVENUE 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 the
37th Street Widening between 35th Avenue and 47th Avenue 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 the 37th Street Widening between
35th Avenue and 47th Avenue 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 28th day of September, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: defa,A)G: •X,Cto•
Mike Freeman, Chair
Weld County Clerk to the Board
ounty Attorney
Date of signature: Oq/30/2O
Kevin D. Ross
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2020-2950
EG0078
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental Agreement (IGA) with the City of Evans
WCR 54 / 37th Street Widening Partnership
DEPARTMENT: Public Works DATE: September 1, 2020
PERSON REQUESTING: Dawn Anderson
Brief description of the problem/issue:
Representatives from the City of Evans approached the Board of County Commissioners (BOCC) to request a
financial partnership to a Surface Transportation Block Grant (STBG) funding application for the North Front
Range Metropolitan Transportation Organization (NFRMPO) FY22-23 Call for Projects. The application scope
of work focused on the widening of the WCR 54 / 37th Street corridor between 35th Avenue and 47th Avenue.
This partnership is consistent with the goal of promoting roadway quality, functionality, and safety for the
regionally significant Freedom Parkway corridor and therefore agreed to partner with the City of Evans with a
financial match of $24,000 (see attached letter dated December 13, 2018).
The attached IGA has been reviewed by the County Attorney's office and has been executed by the City of
Evans.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Board can choose to place this on an upcoming agenda in which they can approve, amend or reject the
attached IGA or can choose to request a work session with staff to discuss the IGA.
Recommendation:
Public Works recommends scheduling this item for an upcoming hearing and ultimately approve the IGA.
Approve
Recommendation
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Schedule as Regular
BOCC Hcaring Item Other/Comments;
2020-2950
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P,O. BOX 758
GREELEY, COLORADO 80632
December 13, 2018
Evans City Council
Honorable Mayor Brian Rudy
1100 37th Street
Evans, CO 80620
RE: Support of NFRMPO STBG FY'22-23 Application
Dear Mayor Rudy:
The Weld County Commissioners are pleased to collaborate with the City of Evans on your 37th
Street widening project between 35th and 47th Avenues. The county is supportive of the City's
application for funds through the North Front Range Metropolitan Planning Organization
(NFRMPO) Surface Transportation Block Grant Program (STBG).
This project will assist Weld County residents by addressing some much needed infrastructure
improvements. As well as, promoting future improvements in accordance with the overall vision of
this regionally significant corridor. The Freedom Parkway (CR 54/37th Street/SH 402) corridor is
vital for transportation in Weld County as well as in the NFRMPO region. This improvement project
will improve the quality, safety and mobility of the roadway.
This partnership is consistent with our goal of promoting roadway quality, functionality, and safety
for the traveling public. The county is committed to financially supporting this project in the amount
of $24,000.
Thank you for your consideration, and if you have any questions, please feel free to contact us.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Steve Moreno, Chair
c: WC Public Works
Cornm.NritGalt
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INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND
THE CITY OF EVANS FOR THE WIDENING OF 37TH STREET
BETWEEN 35TH AVENUE AND 47TH AVENUE
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 7
day of TU,1, 2020, by and between Weld County, a body corporate and political
subdivision of the State of Colorado, with offices located at 1150 O Street, Greeley, Colorado,
80632, through its Board of County Commissioners (hereinafter referred to as "Weld County"),
and the City of Evans, with offices located at 1100 37th Street, Evans, Colorado, 80620, a
municipality (hereinafter referred to as "Evans").
WITNESSETH:
WHEREAS, Weld County and Evans each have jurisdiction of portions of 37th Street
between 35th and 47th Avenue, as depicted in Exhibit A, which is attached hereto and
incorporated herein by references; and
WHEREAS, the parties desire to jointly enter into the Scope of Work as shown on
Exhibit B, which is attached hereto and incorporated herein by reference; and
WHEREAS, each party wishes to make road improvements to 37th Street in their
respective jurisdiction and share the local match costs of a NFRMPO STBG grant for the phased
widening of 37th Street between 35th Avenue and 47th Avenue (hereinafter referred to as the
"Project"); and
WHEREAS, both parties hereto desire to enter into this Agreement for the purpose of
defining their respective roles and responsibilities regarding the completion of this project; and
WHEREAS, both parties are authorized to enter into this Agreement by C.R.S. § 29-1-
203 and Colorado Constitution Article XIV§ 18(2) (1), 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 ADEQUACY OF WHICH IS ACKOWLEDGED
BY AND BETWEEN THE PARTIES, THE PARTIES AGREE AS FOLLOWS:
1. MAXIMUM ESTIMATED COSTS
This is a City of Evans project which, due to the shared value nature of the project, Weld County
wishes to assist with in the form of partial local match funding.
The maximum estimated local match cost to each party for the project, is as follows:
City of Evans Budget: $12,142,901
Weld County Budget: $ 24,000
Total Local Project Budget: $12,166,901
Weld County/City of Evans IGA - 37th Street Widening (35th to 47th Avenues) Page 1 of 4
O26 070 ''o2q°2'L',
It is understood and agreed, by both parties hereto, that the total cost of the local match stated
herein is the best estimate prior to bid and award available, and such cost is subject to revision(s)
based upon the actual cost of the project. Any revision in cost will not affect Weld County's
contribution to this project.
2. RESPONSIBILITY
Weld County agrees to pay $24,000 to Evans as Weld County's entire financial contribution to
the Project upon approval and signing of this Agreement by both parties, as it will be utilized in
Phase 1 of the project, as outlined below. All costs for the Project in excess of the $24,000 paid
by Weld County shall be the responsibility of Evans.
In order to make the best use of funding for this project as it becomes available, Evans will
coordinate phasing of this project as follows:
Phase 1: 35th Avenue to Stampede Drive: 2022
Phase 2: Stampede Drive to 47th Avenue: 2023
Phase 3: 37th Street/47th Avenue Intersection: 2024
3. FUNDING CONTINGENCY
This Agreement is contingent upon all funds designated for the project being made available
from Weld County and Evans. Should these sources fail to provide necessary funds as agreed
upon herein, this contract may be terminated by either party upon written notice being delivered
to the other party.
4. ROADWAY STANDARDS
The parties agree that the project shall be designed and built according to the specifications set
forth in the October 16, 2018, Freedom Parkway Access Control Plan, which is incorporated
herein by reference.
5. ENTIRE AGREEMENT
This contract, together with the exhibits attached hereto and any other documents incorporated
herein by reference, constitutes the entire agreement between the parties with respect to the
project, and shall be binding upon the parties, their officers, employees, agents, and assigns, and
shall inure to the benefit of any successors and assigns of said parties.
6. NO THIRD -PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all the rights of action relating to such enforcement, shall be strictly reserved to
Weld County and Evans, and nothing contained in this Agreement shall give or allow any claim
or right of action whatever by any other person on this Agreement. It is the express intention of
Weld County and Evans that any entity other than the parties receiving services or benefits under
this Agreement, shall be deemed an incidental beneficiary only.
7. GOVERNMENTAL IMMUNITY
No term of condition of this contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, or protections provided by common law or
state statute, including the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as
Weld County/City of Evans IGA - 37`'' Street Widening (35`h to 47" Avenues) Page 2 of 4
applicable now, or as hereafter amended.
8. MODIFICATION AND BREACH OF CONTRACT
This Agreement contains the entire agreement and understanding between the parties and
supersedes any other agreements concerning the project whether oral or written. No
modification, amendment, revocation, renewal, or other alteration of/to this Agreement and the
attached schedules, 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 or its attached schedules 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. LEGAL REMEDIES AND RESPONSIBILITIES
This Agreement shall be governed by the laws of the State of Colorado. Any and all legal action
necessary to enforce the Agreement will be held in Weld County, Colorado. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing by law, statute, or otherwise, including but not limited to specific
performance.
In any action brought by either party for the enforcement of the obligations of the other party, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
Each party shall be responsible for defending itself and its officers, employees, and assigns in
any action brought against that party specifically. Neither party shall be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of the other party or the
representatives thereof arising out of the project or the terms of this Agreement.
10. 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 this
Agreement is then capable of execution within the original intent of the parties.
11. NOTICES
All notices required herein shall be mailed via First Class Mail to the parties' representatives at
the addresses set forth below.
WELD COUNTY
Attn: Mike Freeman, Board of County
Commissioners Chair
1150 O Street
P.O. Box 758
Greeley, CO 80632
mfreeman@aco.weld.co.us
CITY OF EVANS
James Becklenberg, City Manager
1100 37th Street
Evans, CO 80620
jbecklenberg@evanscolorado.gov
Weld County/City of Evans IGA — 37th Street Widening (35`h to 47th Avenues)
Page 3 of 4
12. ACKNOWLEDGEMENT
Weld County and Evans acknowledge that each has read this Agreement, understands it, and
agrees to be bound by its terms. Both parties further agree that this Agreement with all attached
exhibits and documents incorporated herein by reference, is the complete and exclusive
statement of agreement between the parties.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS CITY OF EVANS, COLORADO
OF WELD COUNTY, COLORADO
By: TO -41t-' By:
Mike Freeman, Chair SEP 2 8 2020 Brian '� , Mayor
ATTEST: Clerk to the Board fin114, ATTEST:
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ORP;7...APPROVED AS TO LEGAL FORM:
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City Clerk
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City Attorney
APPROVED AS TO SUBSTANCE:
APPROVED AS TO FINANCING:
By: — v t7 t
Jacq a Troudt, Finance Director
Weld County/City of Evans IGA - 37th Street Widening (35th to 47th Avenues) Page 4 of 4
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Entity Information
Entity Name*
CITY OF EVANS
Entity ID*
c00001848
Contract Name*
INTERGOVERNMENTAL AGREEMENT (ICA) - WCR 54 ; 37TH
STREET WIDENING PARTNERSHIP
Contract Status
CTB REVIEW
New Entity?
Contract ID
4122
Contract Lead*
DRANDERSON
Contract Lead Email
dranderson@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
INTERGOVERNMENTAL AGREEMENT (ICA) - WCR 54 1 3/ _ I _ H STREET WIDENING PARTNERSHIP - STBG FUNDING THROUGH THE
NFRMPO FOR FY22-23 CALL FOR PROJECTS
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$24,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks•.T'weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead'gweldgov,com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATEWCO.WELD.CO. US
Requested IK)CC Agenda
Date*
09'28;2020
Due Date
09/24/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be induded?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA 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
09/21!2021
Termination Notice Period
Contact Information
Committed Delivery Date
Expiration Date*
09'28:2021
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAY MCDONALD BARB CONNOLLY BOB CHOATE
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09,2312020 09,24x2020 09;'24,2020
Final Approval
BOCC Approved Tyler Ref
AG 092820
BOCC Signed Date
BOCC Agenda Date
09/2812020
Originator
DRANDERSON DERSON
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