HomeMy WebLinkAbout20202452.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR 37TH STREET OVERLAY
BETWEEN 23RD AVENUE AND 17TH 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 Overlay between 23rd Avenue and 17th 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 Overlay between
23rd Avenue and 17th 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 10th day of August, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettoteo� jC,6tc;e1
Weld County Clerk to the Board
ounty Attorney
Date of signature: vcal3 /20
Mike Freeman, Chair
Steve i1oreno, P o -Tern
Kevin D. Ross
CC:PW(ER/CH/DA)
O %/2.7/x.O
2020-2452
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental Agreement (IGA) with the City of Evans
WCR 54 / 37"' Street Overlay Partnership
DEPARTMENT: Public Works DATE: July 28, 2020
PERSON REQUESTING: Dawn Anderson
Brief description of the problem/issue:
On August 29, 2016 the Board of County Commissioners (BOCC) had a work session with representatives from
the City of Evans in response to a request for a financial partnership to an application for the North Front Range
Metropolitan Transportation Organization (NFRMPO) FY20-21 Call for Projects. The application was for a
system preservation project along the WCR 54 / 37th Street corridor. The scope of work focused on completion
of an overlay of 37th Street (WCR 54) between 11th Avenue and 23"1 Avenue. At the completion of the work
session the BOCC agreed to partner with the City of Evans with a financial match of $100,000 (see attached
letter).
The attached IGA has been reviewed by the County Attorney's office and has been executed by the City of
Evans. Construction and reimbursement is scheduled in 2020.
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.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
OZ/O
Approve
Recommendation
Schedule as Regular
BOCC 1-learing Item Other/Comments:
cc. Pw 6 n Bast
2020-2452
E&'o78
CO of
Evans, Colorado
1100 37th Street • Evans, CO 80620 • (970) 475-1160
July 21, 2020
Dawn Anderson, Development Review Manager
Weld County Public Works
P.O. Box 758
1150 O Street
Greeley, CO 80632
Re: Weld County/City of Evans IGAs
Dear Dawn,
Thank you so much for working with the City of Evans over the last few months to finalize four
(4) Intergovernmental Agreements. These agreements will help facilitate important projects that impact
the quality of infrastructure in both our jurisdictions in very positive ways over the next few years.
Enclosed are all four (4) IGAs: The 23'd Avenue Construction IGA is now fully executed by both
our jurisdictions. Enclosed is one (1) original for your records. The other three (3) IGAs, 37th Street
Widening, 37th Street Overlay, and Transportation Master Plan have been signed by the City of Evans,
and now need to be taken before the County Board of Commissioners for signature. Enclosed are two
(2) originals of these three (3) IGAs for that purpose. Please return one original of each of them to me
once they have been signed.
Below is a list of Weld County's contribution to each of these four (4) projects:
Transportation Master Plan:
37th Street Widening:
37th Street Overlay:
23`d Avenue Construction:
Total:
$ 3,000
$ 24,000
$ 100,000
$2,000,000
$2,127,000
The three smaller Agreements specifically state that Weld County's contribution is due once the
project IGA has been fully executed, and the 23rd Avenue construction Agreement states that half of the
County's total contribution is due when the IGA is executed, with the and the remainder is due when the
project is substantially complete. To that end, an invoice for all amounts due at this time is being sent
along with this letter.
Please let me know if you have any questions, and again, thank you for your help.
Sincerely,
Randy Ready
Assistant City Manager/Director of Public Works
City of Evans • Public Works Department • (970) 475-1160
Randy Ready, Assistant City Manager/Director of Public Works • RReady@evanscolorado.gov
City of Evans
Department of Public Works
1100 37th Street
Evans, Colorado 80620
Weld County
Attn: Dawn Anderson
P.O. Box 758
1150 O Street
Greeley, CO 80632
Date
07/08/2020
07/08/2020
07/08/2020
07/08/2020
Citeof
Evans, Colorado
INVOICE
Re: Weld County/City of Evans IGA Contributions
Item Amount
Transportation Master Plan
**Deposit to: GL No. 11-00-0000-6311
37th Street Widening
**Deposit to: GL No. 34-00-0000-6319
37th Street Overlay
**Deposit to: GL No. 34-00-0000-6319
23rd Avenue Construction
**Deposit to: GL No. 34-00-0000-6350
The remainder of Weld County's contribution for this
Project ($1M) will due upon substantial completion of the
project per IGA 114.
$ 3,000.00
$ 24,000.00
$ 100,000.00
$1,000,000.00
Total Due Upon Receipt: $1,127,000.00
Note to Pavor: Please make check(s) payable to City of Evans
Note to Customer Service: Deposit Instructions are listed below each individual item.
INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND
THE CITY OF EVANS FOR THE OVERLAY OF 37th STREET
BETWEEN 23rd AVENUE AND 17th AVENUE
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this (C)+41
day of _au 5+ , 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 23rd and 17th 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
overlay of 37th Street between 23rd Avenue and the railroad tracks on the east side of Hwy 85
(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 XI9 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: $621,859.00
Weld County Budget: $100,000.00
Total Local Project Budget: $721,859.00
Weld County/City of Evans IGA — 37th Street Overlay (23rd to 11th Avenue) Page 1 of 4
Sao -a 15 Ci)
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 $100,000 to Evans as Weld County's entire financial contribution to
the Project upon approval and signing of this Agreement by both parties. All costs for the Project
in excess of the $100,000 paid by Weld County shall be the responsibility of Evans.
Evans will coordinate the phased project construction schedule as specified in Exhibit C,
attached hereto and incorporated herein by reference, and shall be responsible for all payments to
contractors associated with this project. - -
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
applicable now, or as hereafter amended.
Weld County/City of Evans IGA — 37th Street Overlay (23rd to 11t Avenue) Page 2 of 4
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. R LEGAL REMEDIES AND RESPONSIBILITIES
This Agreement shall be governed by the laws of the State of Colorado. Any and all legal action
necessary3o 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@co.weld.co.us
CITY OF EVANS
James Becklenberg, City Manager
1100 37th Street
Evans, CO 80620
jbecklenberg(a,evanscolorado.gov
Weld County/City of Evans IGA - 37th Street Overlay (23rd to 1 Avenue)
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:
By: ,•q�
Mike Freeman, Chair Brian • ayor • N
ATTEST:
AUG 10 2020
Gu.to%ek
PL w
Deputy County Clerk
ATTEST:
By: Imo, 4,
City Clerk
SEAL
OR N.
APPROVED AS TO LEGAL FORM:
By:
City Attorney
Z
APPROVED AS TO SUBSTANCE:
APPROVED AS TO FINANCING:
Y f'vl//
�
Jacq Troudt, Finance Director
Jacq Troudt, Finance Director
Weld County/City of Evans IGA - 37th Street Overlay (23rd to 11th Avenue)
Page 4 of 4
aoao -afsac i )
OFFICE OF BOARD OF COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 31, 2016
Evans City Council
1100 37th Street
Evans, Colorado 80620
RE: Support of NFRMPO STBGP Application
Dear Mayor Morris:
The Weld County Commissioners are pleased to collaborate with the City of Evans on a system
preservation project for overlay on 37th Street, between 11th and 23rd Avenues. The county is
supportive of the City's application for funds though the North Front Range Metropolitan
Organization (NFRMPO) Surface Transportation Block Grant Program (STBGP).
This project will assist Weld County residents by addressing some much needed infrastructure
repairs. This project will assist in promoting future improvements and follows the overall vision of
this regionally significant corridor. The CR 54/37th Street/SH 402 corridor is vital for transportation
in Weld County as well as in the NFRMPO region. This overlay project will improve the quality and
safety of the roadway and will also assist in the relocation of utilities which are critical for the future
development of the corridor.
This partnership is consistent with our goal of promoting roadway quality, functionality, and safety
for the traveling public. The county has committed to financially support this project and will
contribute $100,000 for the project.
Thank you for your consideration, and if you have any questions, please feel free to contact us.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
iilie A. Cozad, Acting C'ha r Pro-Tem
Contract Form
Entity Information
Entity Name*
CITY OF EVANS
New Contract Request
Entity ID*
@00001848
Contract Name*
INTERGOVERNMENTAL AGREEMENT (ICA) - V/C'R 54137TH
STREET OVERLAY
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3987
Contract Lead*
DRANDERSON
Contract Lead Email
dranderson)E co weld co us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
INTERGOVERNMENTAL AGREEMENT (IGA) - WCR 54137TH STREET OVERLAY BETWEEN 23RD AVENUE AND 17TH AVENUE
Contract Description 2
Contract Type*
AGREEMENT
Amount
$100 000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC '.VORKS
Department Email
CM-
PublicV'/orks@tiweldgov corn
Department Head Email
CM-PublicWorks-
DeptHea dga?,veldgov. corn
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE '@CO.WELD CO US
Requested BOCC Agenda
Date*
08/102020
Due Date
08!05/2020
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
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
On Base
Contract Dates
Effective Date
Termination Notice Period
Review Date
08/03/2021
Renewal Date
Committed Delivery Date Expiration Date
08110:2021
Contact Information
Contact Info
Contact Name Contact Type
Contact Email
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
07/31/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
081110/'2020
Originator
DRANDERGON
Finance Approver
BARB CONNOLLY
Purchasing Approved Date
Finance Approved Date
08103/2020
Tyler Ref #
AG 081020
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
08103,2020
Submit
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