HomeMy WebLinkAbout20203758.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COUNTY ROAD 35
IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY - 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
County Road 35 Improvements Project 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 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 County Road 35 Improvements
Project 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 and submit said intergovernmental agreement electronically.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diem) w ;41
Weld County Clerk to the Board
my At orney
Date of signature: W9.3
Mike Freeman, Chair
Steve 1y16reno, Pro -Tern
Scott K. James
CC : PW (ER/G}I)
01/04 al
2020-3758
EG0078
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: City of Greeley IGA — 35th Avenue Widening from F to O Street
DEPARTMENT: Public Works
PERSON REQUESTING: Elizabeth Relford
Brief description of the problem/issue:
DATE: December 8, 2020
As identified in Public Works Capital Improvement Plan (CIP) work session on October 13th, the
Commissioners agreed to leave the joint 35th Avenue widening project with the City of Greeley on the list.
Weld County's jurisdiction of 35th Avenue is from F Street to O Street. The City of Greeley has executed the
IGA and now Public Works is requesting the Commissioners authorize the Chair's signature
on the Intergovernmental Agreement (IGA).
Per the IGA, Weld County agrees to contribute $3,827,700 to the design, ROW, and utility relocations in 2020.
The second and final installment for construction in the amount of $3,827,700 will be in 2024. As part of the
IGA, Weld County also agrees to petition the roadway for annexation on behalf of Greeley, who in return
agrees to annex the corridor and construct all the improvements simultaneously.
Staff recommends the IGA be placed on the next available BOCC agenda.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Option 1: Approve the IGA to be put on the next available BOCC agenda.
Option 2: Do not approve the IGA.
Option 3. Request a work session.
Recommendation:
Staff recommends the Board consider placement of the IGA on your next available agenda.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Approve 5shedule
Recommendation Work Session
i
Other/Comments:
2020-3758
XOO`7 '
DocuSign Envelope ID: 54B7FCB9-2159-4083-BC8C-150A09508BD6
INTERGOVERNMENTAL AGREEMENT
FOR CONTRIBUTION FOR ROADWAY IMPROVEMENTS
FOR WELD COUNTY ROAD ("WCR") 35
BETWEEN "O" AND F STREETS
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this 18 day of
December, 2020, by and between the City of Greeley, Colorado, a home rule municipality of the
State of Colorado, whose address is 1000 10th Street, Greeley, Colorado 80631, hereinafter
referred to 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 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "WELD COUNTY."
WITNESSETH:
WHEREAS, at present, WELD COUNTY and GREELEY share operational maintenance
and jurisdiction of WCR 35, also known as 35th Avenue, between "F" Street and "O" Street,
excluding the "O" Street intersection, hereinafter referred to as "WCR 35 IMPROVEMENTS,"
which GREELEY intends to annex, and
WHEREAS, GREELEY wishes to make certain road improvements to the WCR 35
IMPROVEMENTS as described and detailed herein, with said improvements being hereinafter
referred to as the "PROJECT," and
WHEREAS, WELD COUNTY had planned and budgeted to widen WCR 35
IMPROVEMENTS in 2021 at a cost of $7,655,400, and
WHEREAS, GREELEY desires to make consistent urban standard widening improvements
for the entire project and requests contribution from WELD COUNTY to pay said budgeted funds
to GREELEY to offset a portion of the costs of the PROJECT, and
WHEREAS, WELD COUNTY agrees to said payment, because of the benefit of such
PROJECT to transportation in the area, 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 agrees to
undertake and complete the PROJECT.
3. TERM: The term of this Agreement shall be from the date first written above to and until
such time as WELD COUNTY makes the final payment described in Paragraph 4 below.
Page 1 of 3
DocuSign Envelope ID: 54B7FCB9-2159-4083-BC8C-150A09508BD6
4. CONTRIBUTION BY WELD COUNTY: WELD COUNTY agrees, upon receipt of an
invoice from GREELEY, to pay to GREELEY the sum of $3,827,700 in 2020 to assist
with design, right-of-way, and utility relocations and $3,827,700 in 2024 for construction
of the PROJECT. WELD COUNTY agrees to petition on behalf of GREELEY for
annexation of the WCR 35 IMPROVEMENTS.
5. ANNEXATION OF WCR 35 IMPROVEMENTS BY GREELEY: Upon receipt of the
petition for annexation and the 2024 payment from WELD COUNTY, GREELEY agrees
to annex the WCR 35 IMPROVEMENTS from "F" Street to "O" Street that are eligible
for annexation and able to be annexed.
6. 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.
7. 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.
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 such
provision to the extent that this Agreement is then capable of execution within the original
intent of the parties hereto.
9. 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.
10. NOTICES: All notices required herein shall be mailed via First Class Mail to the
parties' representatives at the addresses set forth below:
GREELEY:
Roy Otto, City Manager
1000 10th Street
Greeley, CO 80631
WELD COUNTY:
Elizabeth Relford, Deputy PW Director
1150 "O" Street
Greeley, CO 80632
Page 2 of 3
DocuSign Envelope ID: 54B7FCB9-2159-4083-BC8C-150A09508BD6
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, 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, COLORADO:
DOCuSloned by:
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APPROVED AS TO SUBSTANCE:
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APPROVED AS TO AVAILABILITY OF FUNDS:
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APPROVED AS TO LEGAL FORM:
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BOARD OF COUNTY COMMISSIONERS
WEL D UNTY Clerk to e Board WELD COUNTY, COLORADO
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:'s . r !(,� Mike Freeman, Chair
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Page 3 of 3
DEC 1 6 2020
Contract Form
Entity Information
Entity Name*
CITY OF GREELEY
New Contract Request
Entity ID*
(4'00001551
Contract Name *
CITY OF GREELEY IGA - 35TH AVENUE WIDENING FROM F
TO O STREET
Contract Status
CTB REVIEW'
❑ New Entity?
Contract ID
4310
Contract Lead *
ERELFORD
Contract Lead Email
ereIford@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
WELD COUNTY IS PARTNERING WITH GREELEY TO WIDEN WELD COUNTY'S PORTION OF 35TH AVENUE FROM F TO O STREET
CONSISTENT WITH THEIR WIDENING FROM 4TH ST TO F ST. WELD COUNTY IS CONTRIBUTING .53,827,700 IN 2020 FOR
DESIGN, ROW AND UTILITY RELOCATION.
Contract Description 2
WELD COUNTY WILL CONTRIBUTE ANOTHER $3,827,700 IN 2024 FOR CONSTRUCTION IMPROVEMENTS FOR OUR
JURISDICTION. WELD COUNTY AGREES TO PETITION THE ROW FOR GREELEY TO ANNEX AND CONSTRUCT ALL THE
IMPROVEMENTS SIMULTANEOSLY.
Contract Type*
AGREEMENT
Amount*
$3,827,700.00
Renewable*
NO
Automatic Renewal
Grant
IGA
YES
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks(f) weldgov.corn
Department Head Email
CM-PublicWorks-
DeptHead�roveldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE5'CO.WELD. CO.US
Requested BQCC Agenda
Date*
12:16;2020
Due Date
1212:2020
Will a work session with BOCC be required?*
NO
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 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
On Base
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date *
12; 16: 2021
Committed Delivery Date
Renewal Date
Expiration Date*
12:31;2024
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
12/11.+2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12,E 16 2020
Originator
ERELFORD
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
12 14 2020 12 ' 14;`2020
Tyler Ref #
AG 121620
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