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Home My WebLink About20150839.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF LONGMONT 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 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 Longmont, commencing upon 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 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 Longmont 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 30th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ��/ i ATTEST: �.,Z G. .L[o•v a- rbara Kirkmeyey, Chair Weld Count lerk to the Boardlit Lr Mike Freeman, Pro-Tern BY' Deputy irk to the Boar., L ;--7 \► i`ean P. Conway ) /4- APPROVED AS TO FORM Itut (\ .� /d/ o;;..$ lie A. Cozad 4i, _�R County Attorney °� �� yy I� U" I Steve Moreno Date of signature:LJJ * 11 `q/a9, 2015-0839 EG0072 MEMORANDUM r . 1 TO: Clerk to the Board DATE: March 26, 2015 r1� ht.?". FROM: Jay McDonald, Director, Public Works Department SUBJECT: Agenda Item Intergovernmental Agreement concerning road maintenance swap between City of Longmont and Weld County. Swap WCR 1 and WCR 28 Enclosure .N memo A,g:nda-ley doc 2015-0839 ECG 007a BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/ WORK SESSION REQUEST RE: Road swap with City of Longmont DEPARTMENT: Public Works DATE: 3/20/15 PERSON REQUESTING: L Jay McDonald Brief description of the problem/issue: In February, Public Works met with the Board regarding a proposed road swap with the City of Longmont. The swap would involve the City of Longmont taking over maintenance of Weld County Road 1 from Highway 66, South for a distance of approximately .9 miles. Weld County Road 1 is a paved road. In return, Weld County would assume maintenance of the portions of Weld County Road 28 from CR 1, East to Weld County Road 5 that Weld County does not already maintain. The distance is approximately 1.45 miles and the road is non-paved. In the February work session, the board instructed staff to work with the City of Longmont to craft an 1GA. The public works departments for both sides came to agreement on the roads, and the attorneys for both sides came to agreement on the wording of the IGA. What options exist for the Board? 1. Approve the IGA 2. Do not approve the IGA and instruct staff to negotiate further Recommendation: Public Works is in favor of the swap and recommends option 1. Approve Schedule Recommendation Work Session Other/Comments: Barbara Kirkmeyer,Chair Mike Freeman, Pro-Tern `7\['.._.._ Sean P. Conway Julie Cozad Steve Moreno > �1 M:\Admin istrmion\Forms\Work Session-passaround.doc INTERGOVERNMENTAL AGREEMENT CONCERNING ROAD MAINTENANCE BETWEEN THE CITY OF LONGMONT AND WELD COUNTY i6/ THIS AGREEMENT is entered into on this( day of /u vuC4.6-T , 20/b--, by and between the City of Longmont, Colorado, hereinafter referred to as the "City", and the County of Weld, Colorado hereinafter referred to as the "County". WHEREAS because of the present location of the Longmont City limits, responsibilities for certain streets and roads have been divided or maintenance islands have been created where County roads or City streets are not continuous; and WHEREAS the existing division of maintenance responsibilities for certain roads and streets is mutually undesirable; and WHEREAS the County and the City are authorized to contract with each other for road maintenance pursuant to § 43-2-144, C.R.S., 1973. NOW, THEREFORE, BE IT RESOLVED: 1. The County and the City shall respectively maintain those streets and roads as shown on the attached map, which is attached as Exhibit A and incorporated into this Agreement, 2. The road(s) identified on Exhibit A shall receive Routine Maintenance defined as follows: ROUTINE MAINTENANCE. Roadway - Consists of snow removal and sanding, sweeping, pothole patching, crack tilling, chip seals, cleaning of roadside drainage, grading, adding gravel, and culverts. Structures - Consists of any bridge, guardrail, box culvert, storm sewer, or irrigation systems which may require any of the routine maintenance as described in Roadway above unless specifically excluded in the Maintenance Schedule (Exhibit A). • 3. In the event major maintenance, as described below, is required on the road(s) identified on Exhibit A, the City and the County shall confer and share those costs prorated to their corresponding percent of ownership of the impacted road(s) receiving major maintenance. The City has an enlargement decree for Union Reservoir that will result in the inundation of, and the need to relocate, portions of Weld County Road 428 between Weld County Road 1 and Weld County Road 5. The Parties agree that such roadway relocation will be at the expense of the City when the City initiates the enlargement of the reservoir, The County also agrees to forgo asphalt L;\KRAM9R\Transporttation'Local PoAs\Weld County Maintenance JOA\Weld County Rued Maintenance Agreement PinaLdoc 2/20@015 paving of those sections of Weld County Road 28 during the term of this agreement absent the consent of the City to do so. Other than as outlined above, either the City or the County may, at its sole expense, perform major maintenance work on the road(s) identified on Exhibit A. MAJOR MAINTENANCE. • Roadway - Consists of any reconstruction, removal or replacing of the roadbed. The type of work shall include pavement overlays, shoulder improvements, roadway widening, full replacement of the road surface and reconstruction of the road base. In the case of a mill and overlay of Weld County Line Road 1, the County will contribute 25% of the cost for those portions of the roadway that remain in County ownership at the time the overlay project commences. Structures - Consists of any bridge, guardrail, box culvert, culvert, or major drainage, storm sewer, or irrigation system which may require replacement, wholly or in part unless specifically excluded in the Exhibit A. 4. TRAFFIC CONTROL DEVICES. Routine Maintenance - Consists of all warning, regulatory, directional, delineators, and pavement markings. The type of work shall include repair or replacement of any existing devices through damage, loss or wear to provide adequate protection of the travelling public unless specifically excluded in Exhibit A. The agency having jurisdiction establishing the need for a change in traffic control devices shall notify the other party of this Agreement prior to issuance of any work order and will submit a copy of this work order following implementation. All such changes shall be at the cost of the agency having jurisdiction. 5. JURISDICTION. For the purposes of this Agreement, the City has jurisdiction over a right of way if the right of way is within city limits at the time of maintenance, a traffic control device change,or permitting, respectively. Otherwise, the County has jurisdiction. 6. ACCESS AND UTILITY PERMITS. Any person, firm, corporation or governmental agency must obtain an access permit, utility permit or construction permit from the agency having jurisdiction before commencing work on any road or street subject to this Agreement. The agency having jurisdiction shall notify the other party of this agreement prior to issuance of any permits and will submit a copy of the permits issued thereafter. 7. New construction or extraordinary maintenance due to flood damage or other disaster are excluded from this agreement and are to be negotiated separately. 8. The parties will procure and maintain in full force and effect such insurance or self- insurance that will insure their obligations and liabilities under this Agreement, including workers' compensation, automobile liability and general liability. 2 L:\KRAMEI\fansponallon\Local[GAR\Weld County Maintenance IGA\Weld County Road Maintenance Agreement Fin,I dnc 2/20/2015 9. Nothing in this Agreement shall be construed to allow either party to be liable or responsible for the actions and omissions of the other party's agents or employees. Nothing in this Agreement is intended to increase the amounts set forth in the Colorado Governmental Immunity Act, now existing, or as may be amended. Neither Weld County nor the City waives nor intends to waive, as to any person not a party to this Agreement, the limitations on liability which are provided to the City and County under the Colorado Governmental Immunity Act § 24-10-101 et seq., C.R.S. 10. THIRD PARTY BENEFICIARY. The enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the City and the County, and nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this contract that any person receiving services or benefits under this contract shall be deemed an incidental beneficiary only. 11. TERM. The term of this agreement shall be of an indefinite time period. However, at the end of each one year period, beginning from the date of this agreement, either party may terminate upon thirty(30) days written notice. 12. EXHIBITS. Exhibit A shall be a part of this agreement and shall be reviewed annually by both parties. Exhibit A may be revised at any time if mutually agreed on by both parties by formal amendment. 13. FINANCIAL OBLIGATIONS. All of each party's financial obligations under this Agreement arc contingent upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of credit,or a payment guarantee. 14. SEVERABILITY. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 15. CHOICE OF LAW/JURISDICTION. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 16. ATTORNEYS' FEES/LEGAL COSTS. In the event of a dispute between County and City, concerning this Agreement, each party shall be responsible for the payment of attorneys' fees and/or legal costs incurred by or on its own behalf. 3 LPKRAMER\Transportation\Local IGAs\Weld County Maintenance IGA\Weld County Road Maintenance Agreement Final.doc 2120/2015 17. PROVISIONS CONSTRUED AS TO FAIR MEANING. Any tribunal enforcing this Agreement shall construe it as to its fair meaning, and not for or against any party based on attribution to either party of the language in question. I 8. INTEGRATION, This Agreement completely integrates all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment shall have any force or effect unless part of this Agreement. T4' IN WITNESS THEREOF, the parties hereto have set their hands and seals this day of 'tai Al H' , 20 LD TFIE CITY OF LONGMONT,COLORADO °F O By. ` i 1 �� ►` Ma or1 —��.p �r�� ATTEST: APPROVED AS TO FORM: ‘'I9RAD _ — „ • Assistant City Attorney BOARD OF COUNTY COMMISSIONERS ?BAR 3 0 205 County of eld, a body corporate 4 - tic - Barbara Kirkmeyer ATTEST: n . Clerk to th Board 4 L?.KRAMIKCI rampor Lon\Local1GAs\Weld County Maintenance 1C/1\V/cid County Real Maintenance Agreement Final.dce 120(2015 oz0/5-c�� 9 • Intergovernmental Agreement concerning road maintenance swap between City of Longmont and Weld County, Swap WCR 1 and WCR 28 ATTEST: ;ti BOARD OF COUNTY COMMISSIONERS Weld u ty IeC rk to th Boar rdewo at( d WELD COUNTY, COLORADO 7,4 BY } s.�' 7 /, Deputy 'erk o the Board arbara Kirkme er, Chair MAR 3 0 2015 SOVED AS O F NDIN s La APPROVED A -TO SUBSTANCE: Controller "�� x•. s,. i , I- ed•�"icial or Department Head 11,61 (0 APP"+fDnAST• 0 * � ui � ' / / 1.crty .\�—` Director of General Services C•unt�r%�'=y ola/O-- O43y _ 1 \_ EXHIBIT A dr_ 3IWY66 Street Maintenanc Plan ""` 6� AP Ci of Longmont and Weld County g y . -\\ N t M a Nf� Y. 1000 Wu i 000 reel Ua 1 Inch = 900 feel i C'') lf? CC IY % U U • WCR 28 di.. III w I WCR 28 II - '• Lo tie/ P'. . , - WCR 26 • .. . raoeCtl�.bss.�aa sa..acs.�sr, 7_,...„,,,SOF /a 7 i # 1 ►�,., W 26 Ogre u I' III 1 a 1111 --,y'' rel • I \ 4.11 jillaccallirallaMH _m t , 0 I fLegend Date: 17J08/2x14 iR' ft Weld County Roads , BOULDER / WELD COUNTY OWNED I PROPOSED CITY MAINTAINED 0 89 MI � CITY OWNED /PROPOSED CITY MAINTAINED 3 14 M! a �--.. HWY 119a CITY OWNED / PROPOSED WELD COUNTY MAINTAINED 1 45 MI " KEN PRATT BLVD - WELD COUNTY & CITY OWNED / PROPOSED CITY MAINTAINED 0 23 MI ) 6, \\,_`_-�y y rninir WELD COUNTY OWNED i PROPOSED WELD COUNTY MAINTAINED 1 55 MI I a' �. �� - - J CITY OF LONGMONT • CITY LIMIT - - - ,-al Gap ) `JCL` — ` 1(I) Z CC 0 litki O ck. c (c\) Hello