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Home My WebLink About20194529.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR CROSSING OF UNION PACIFIC RAILROAD COMPANY (UPRR) TRACKS ADJACENT TO CR 30 AND U.S. HIGHWAY 85 AND AUTHORIZE CHAIR TO SIGN-TOWN OF PLATTEVILLE 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 Crossing of Union Pacific Railroad Company (UPRR) Tracks adjacent to CR 30 and 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 Platteville, 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 Crossing of Union Pacific Railroad Company (UPRR) Tracks adjacent to CR 30 and 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 Platteville, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: deerdfm) arbara Kirkmey r, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern BY: / Deputy Clerk to the Board i Sean Conway APP . '' D A9 T OR ��..,., . / % � �.� "�+J ' r�•c . James urfty Attorney ®� Steve Moreno Date of signature: O /1 cc Pw(ERlCH/SS) 2019-4529 to/Q3)/(1 EG0076 (2n frekc+ i # 3119 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Town of Platteville IGA-WCR 30 Closure DEPARTMENT: Public Works DATE: October 11, 2019 PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: In January of this year,Weld County and CDOT entered into an IGA regarding the closure of several roads that intersect US 85 and UPRR, most of which are under the jurisdiction of Weld County. However,one of the roads on that list not in Weld County's jurisdiction is WCR 30. WCR 30 is in Platteville's jurisdiction. Therefore,the attached IGA with Platteville is to assist both our agencies, by supporting the Town with money to assist with a future road connection needed as a result of closing WCR 30 and advancing the implementation of our IGA with CDOT,which gets CDOT closer to securing US 85 in a permanent easement. As a result, on October 1,Platteville approved this IGA and agreed to authorize CDOT on their behalf to submit a petition to close WCR 30 to the PUC. Weld County is responsible for transmitting$1,000,000 to Platteville. The $1,000,000 comes from state funds through CDOT. Public Works has invoiced CDOT for the $1,000,000 to transfer to Platteville after the IGA is executed. What options exist for the Board? (include consequences,impacts, costs,etc. of options): a Allow the attached agreement to be placed on the next available BOCC agenda for signature. • Request a work session to discuss. Recommendation: Staff recommends approval of this IGA. Approve Schedule Recommendation Work Session Other/Comments: Sean Conway Mike Freeman,Pro-Tern f• Scott K. James Barbara Kirkmeyer, Chair Steve Moreno V Vi a P,VV A 2019-4529 0) Karla Ford From: Steve Moreno Sent: Tuesday, October 15, 2019 10:17 AM To: Karla Ford Subject: Re: Pass Around Yes vote to approve Sent from my iPhone >On Oct 15, 2019,at 10:23 AM, Karla Ford <kford@weldgov.com>wrote: > >Ok with recommendation? > > Karla Ford00 >Office Manager, Board of Weld County Commissioners > 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 > :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com :: > My working hours are Monday-Thursday 7:00a.m.-4:00 p.m. > Friday 7:00a.m.-Noon > > > >Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. > > > Original Message >From: Elizabeth Relford<erelford@weldgov.com> >Sent:Thursday, October 10, 2019 5:17 PM >To: Karla Ford <kford@weldgov.com> >Cc:Jay McDonald<jmcdonald@weldgov.com> >Subject: Emailing: Platteville IGA-WCR 30 Pass Around > > Karla, > >Can you please add this document to the pass around folder? I would appreciate it. > >Thanks, > Elizabeth ><Platteville IGA-WCR 30 Pass Around.pdf> 1 INTERGOVERNMENTAL AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF PLATTEVILLE REGARDING THE CROSSING OF UPRR RAILROAD TRACKS BY WELD COUNTY ROAD 30 AT U.S. HIGHWAY 85 THIS INTERGOVERNMENTAL AGREEMENT("Agreement") is made and entered into this Ist day of October,2019, by and between the TOWN OF PLATTEVILLE, Colorado,a municipal corporation of the State of Colorado,whose address is, 400 Grand Avenue, Platteville, Colorado 80651, hereinafter referred to as "PLATTEVILLE,"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, PLATTEVILLE has annexed that portion of Weld County Road ("WCR") 30 within the Union Pacific Railroad right-of-way and railroad crossing described and shown in "crosshatch" in the attached Exhibit"A,"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 on WCR 30, and WHEREAS, PLATTEVILLE has expressed concern that closure of the WCR 30 crossing may necessitate the construction of a connector road paralleling Highway 85 between WCR 32 and WCR 30, hereinafter referred to as the "PROJECT," and WHEREAS, by separate agreement, WELD COUNTY has obtained funding from CDOT in the sum of$ 1,000,000.00(the"Funds")to transmit to PLATTEVILLE for use in road improvements including, but not limited to,the"PROJECT,"and WHEREAS,the Funds shall be transmitted to PLATTEVILLE upon its signature hereunder,and WHEREAS, PLATTEVILLE agrees that after receiving the Funds, it shall perform the tasks described in Paragraph 2, below, 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 receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: Page 1 of 3 Pages Q0(9-- 4--i5GICI) 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. TRANSMITTAL OF THE FUNDS BY WELD COUNTY: WELD COUNTY shall transmit funds to PLATTEVILLE upon receipt of an invoice from PLATTEVILLE. WELD COUNTY shall not be required to provide any additional funding, including monies or in-kind contributions, for PROJECT or any other road improvements contemplated or undertaken by PLATTEVILLE. The transmittal of the Funds to PLATTEVILLE shall be the only duties or obligations of WELD COUNTY pursuant to the terms of this Agreement. 2. TASKS TO BE PERFORMED BY PLATTEVILLE: PLATTEVILLE agrees to perform the following tasks: a. Authorize CDOT on behalf of PLATTEVILLE to submit a petition to close the WCR 30 crossing to the Colorado Public Utilities Commission ("PUC"). b. Upon closure of the WCR crossing by the PUC,vacate that portion of WCR 30 lying within UPRR right-of-way. c. Enter into an agreement with the UPRR and/or CDOT which addresses maintenance aspects regarding the closure of the WCR 30 crossing. 3. 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. 4. 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. 5. 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. 6. 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 Page 2 of 3 Pages 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. 7. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties' representatives at the addresses set forth below: PLATTEVILLE: WELD COUNTY: Troy Renken, Town Manager Elizabeth Relford, Deputy Director 400 Grand Avenue P.O. Box 758, 1111 "O" Street Platteville, CO 80651 Greeley, CO 80632 Phone: 970-785-2245 Phone: 970-304-6496 8. 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. 9. SUBJECT TO ANNUAL APPROPRIATION. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of PLATTEVILLE not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate of the day and year first hereinabove written. ATTEST: TOWN OF PLATTEVILLE, COLORADO 4By: i .A _ • :< ..Y: L ary Le;, Town Cler`►�: SEAL m ; Adrienne Sa dov I, Mayor ATTEST• (`�, ®: BOARD OF COUNTY . ` � ' COMMISSIONERS WELD COUNTY Clerk to the me �/��, WELD COUNTY, COLORADO B • :•firt ��. y• 161411‘../e-A—' Dep y Clerk to fari � :* �I Barbara Kir eyer, Chair OCT 16 2019 Page 3 of 3 Pages 0,7,0/9- L5o2-9 6 ) EXHIBIT-A PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 30, AND THE SOUTHEAST ONE-QUARTER OF SECTION 19, TOWNSHIP 3 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 30 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 NORTHEAST ONE-QUARTER OF SAID SECTION 30, AND THE SOUTHEAST ONE-QUARTER OF SAID SECTION 19, AND BEING 250.00 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 WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS VACATION WCR 30 VACATION WCR 30 AT HWY 85 WELD COUNTY,COLORADO N T Y PROJECT N0: BIL-67 SCALE: DATE: 9-18-18 DRAWN BY:DRH SHEET: 1 of2 EXHIBIT-A , w 1501 f SE 1/4 SW 1/4 0x0 I a. S19-T3N-R66W S19-T3N-R66W i • PLATTEVILLE " 1 i PLATTEVILLE I ...d,,. rte.—.._...—..- --"m""--"'—.r..... ww—w--w*--`.— t : VAATED a ROADWAY WELD COUNTY PLATTEVILLE r � NE 1/4 1 S30-T3N-R66W NW 1/4 " S30-T3N-R66W , NICN PACIFIC RAILROADe',5 4IT 00' , -NTS- f 4.... RIGHT OF WAY WELD COUNTY DEPARTMENT 1861 OF PUBLIC WORKS VACATION � ltl�r. Lr �; WCR 30 VACATION WCR 30 AT HWY 85 � '�,� l ��'J � � �--` � PROJECT NO: BIL-67 SCALE: WELD COUNTY,COLORADO G QYU 11. T Y ..� DATE: 9-18-18 DRAWN BY:DRH SHEET: 2 of Entity Information Entity Name* Entity ID* ❑New Entity? PL4 i I EVILLE,TOWN OF @00002486 Contract Name* Contract ID Parent Contract ID ELIZABETH RELFORD 3179 Contract Status Contract Lead* Requires Board Approval CTB REVIEW ERELFORD YES Contract Lead Email Department Project erelford@co.weldcalls Contract Description* ICA Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date. AGREEMENT PUBLIC WORKS Date* 10/1212019 10/16/2019 Amount* Department Email SD 00 CM- Will a work session with BOCC be required?* RubhhcWorks@weldgov.com NO Renewable* NO Department Head Email Does Contract require Purchasing Dept.to be included? CM-Pub1rcL'tr ks- Automatic Renewal DeptHead@weIdgovcorn County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL !GA County Attorney Email YES CM- COIUN(TYATTOR N EYWELD GOV.COM ICA Deadline Date If this is a renewal enter previous Contract ID If this is part of a MSA enter lf4SA Contract It) Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnElase Contract Dates Effective Date Review Date* Renewal Date 10101/2020 Termination Notice Period Committed Delivery Date Expiration Date* 10/14/2020 Contact Information 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 1011412019 10/14/2019 10/1412019 Anal Approval BOCC Approved Tyler Ref AG 101619 BOCC Signed Date BOCC Agenda.Date 10/16/2019 Originator ERELFORD Submit Hello