HomeMy WebLinkAbout20253553 Resolution
Approve Intergovernmental Contract for County Road 17 and U.S. Highway 34
1601 Interchange Review, and Authorize Chair Pro-Tem to Sign
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 Contract for the
County Road 17 and U.S. Highway 34 1601 Interchange Review, 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 Colorado Department of
Transportation, commencing upon full execution of signatures, and ending May 8, 2035,
with further terms and conditions being as stated in said contract, and
Whereas, after review, the Board deems it advisable to approve said contract, 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 Contract for the County Road 17 and
U.S. Highway 34 1601 Interchange Review, 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 Colorado Department of Transportation, be,
and hereby is, approved.
Be it further resolved by the Board that the Chair Pro-Tern be, and hereby is, authorized
to sign said contract.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 24th day of December, A.D., 2025:
Perry L. Buck, Chair: Excused
Scott K. James, Pro-Tern: Aye /� t
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye ';,�;� 1I
Approved as to Form: ®s je
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
«'.p(,J(cH/KK/DD/EP/sB) 2025-3553
ua�cl�alo EG0082
coy-Al/ad- Mkt L020O
OLA#: 331003625
Routing# 25-HA4-XC-00059
(Local$CDOTWRK) REGION:4(TCH)
PROJECT: CC 0341-111 (27014)
CONTRACT
THIS CONTRACT,executed this day of by and between the State of Colorado,for
the use and benefit of the Colorado Department of Transportation("State"or"CDOT")and COUNTY OF WELD, 1111
H Street, Greeley, Colorado, 80631, CDOT Vendor#: 0002000135 ("Local Agency"), and the State and the Local
Agency together shall be referred to as the"Parties."
RECITALS
1. Authority exists in the law and funds have been budgeted,appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of Project and Local Agency costs. Total Contract
Amount:$245,000.00.
2. Required approval,clearance and coordination have been accomplished from and with appropriate agencies.
3. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways
extend through a city or an incorporated town),and 43-2-135 describes certain specific responsibilities of the State
and affected local entities(respectively)with respect to State highways that are also part of a local street system.
4. State funds may be awarded pursuant to Multimodal Transportation Options Funding("MMOF"). MMOF means
money transferred from the general fund to the fund pursuant to C.R.S. §§24-75-219 (5)(a)(IIl) and (5)(b)(III)
and any other money that the general assembly may appropriate or transfer to the fund.These funds are subject
to an expiration date.
5. The Local Agency has estimated the contribution and is prepared to provide the funding required for their
contribution toward the Project, as may be evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to
enter into this Contract and to expend its funds for the Contribution.
6. The Local Agency has funds available and desires to provide 100%of the funding for the Work.These funds may
be MMOF.
7. This Contract is executed under the authority of§§ 29-1-203,43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144,
C.R.S.
8. The Parties hereto desire to agree upon the division of responsibilities with regard to the Project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The work under this Contract shall consist of US 34&Weld County Road 17 Interchange Review,and the Local Agency
shall provide their Contribution toward the Project,in Weld County,Colorado,as more specifically described in Exhibit
A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Contract and its exhibits,such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
A. This Contract
B. Exhibit A(Scope of Work)
C. Other Exhibits in descending order of their attachment.
Document Builder Generated Page 1 of 9
Rev.05/07/2020
2025-3553
12/Zy et-i OO�L
OLA#: 331003625
Routing#:25-HA4-XC-00059
Section 3. Term
This Contract shall be effective upon approval of the CDOT Chief Engineer or designee and shall terminate on May
08,2035,or sooner if any of the State's funding expires,or is sooner terminated or unless performance is extended in
accordance with this Contract.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding,as evidenced
by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its
Contribution toward the Project.
B. The Contribution is estimated to be$245,000.00.
C. The maximum amount payable by the Local Agency under this contract shall be$245,000.00 unless such
amount is increased by an appropriate written modification to this contract executed by the Parties hereto before
any increased cost is incurred.
D. The Parties hereto agree that this Contract is contingent upon all funds designated for the Project herein being
made available from State sources,as applicable. Should these sources fail to provide necessary funds as agreed
upon herein,the contract may be terminated by either party,provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
Section 5. Project Payment Provisions
A. The Local Agency will reimburse the State for incurred costs relative to the Project following the Local Agency's
review and approval of such charges,subject to the terms and conditions of this Contract.
B. If the Local Agency is to be billed for CDOT incurred costs,the billing procedure shall be as follows:
1. Upon receipt of each bill from the State,the Local Agency will remit to the State the amount billed no later than
60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of
demand or within such other period as may be agreed between the Parties hereto,the Local Agency agrees that,
at the request of the State,the State Treasurer may withhold an equal amount from future apportionment due
the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds,
until the State is reimbursed,shall be payable from the State Highway Supplementary Fund(400).
2. If the Local Agency fails to make timely payment to the State as required by this section(within 60 days after
the date of each bill),the Local Agency shall pay interest to the State at a rate of one percent per month on the
amount of the payment which was not made in a timely manner,until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which payment is made.
C. The State will prepare and submit to the Local Agency,no more than monthly,charges for costs incurred relative
to the Project. The State's invoices shall include a description of the amounts of services performed,the dates of
performance and the amounts and description of reimbursable expenses. The invoices will be prepared in
accordance with the State's standard policies,procedures and standardized billing format.
D. If the Project is funded by MMOF,then the Local Agency must submit all documentation necessary to process
the payments 30 days prior to end of State fiscal year.The State fiscal year ends June 30th.MMOF projects must
submit final billing for all work 30 days prior to the end of the State fiscal year that funds expire. If MMOF are
used,and the State knows that the funds will expire,the State shall promptly notify Local Agency of the expiration
date.The State will promptly notify the Local Agency if that expiration date changes.
Section 6. State and Local Agency Commitments
The Scope of Work(Exhibit A)describes the Project and the work to be performed.
A. Design [if applicable]
1. If the work includes preliminary design or final design (the"Construction Plans"), or design work sheets, or
special provisions and estimates (collectively referred to as the "Plans"), the State shall comply with the
following requirements,as applicable:
a. perform or provide the Plans,to the extent required by the nature of the work.
Document Builder Generated Page 2 of 9
Rev.05/07/2020
OLA#: 331003625
Routing#:25-HA4-XC-00059
b. prepare final design(Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials (AASHTO) manual or other
standard,such as the Uniform Building Code,as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge Construction.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the Parties. The Plans shall be considered final when approved and
accepted by the Parties hereto,and when final they shall be deemed incorporated herein.
B. Construction[if applicable]
1. If the work includes construction,the State shall perform the construction in accordance with the approved
design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such
administration shall include project inspection and testing;approving sources of materials;performing required
plant and shop inspections;documentation of contract payments,testing and inspection activities;preparing and
approving pay estimates;preparing,approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality
Control requirements of the FHWA/CDOT Stewardship Agreement.
2. Subject to Section 5,if the State is the responsible party:
a. it shall appoint a qualified professional engineer,licensed in the State of Colorado,as the State Agency
Project Engineer(SAPE),to perform that administration. The SAPE shall administer the Project in
accordance with this Contract, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the Project,the State shall,in conjunction with the Local
Agency, advertise the call for bids and upon concurrence by the Local Agency will award the
construction contract(s)to the low responsive,responsible bidder(s).
(1) in advertising and awarding the bid for the construction of a federal-aid project,the State shall
comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and
C.R.S. §24-92-101 et seq. Those requirements include, without limitation, that the
State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s)
for those services as terms and conditions therefore,as required by 23 CFR 633.102(e).
(2) the Local Agency has the option to concur or not concur in the proposal of the apparent low
bidder for work on which competitive bids have been received. The Local Agency must declare
its concurrence or non-concurrence within 3 working days after said bids are publicly opened.
(3) by indicating its concurrence in such award,the Local Agency,acting by or through its duly
authorized representatives,agrees to provide additional funds,subject to their availability and
appropriation for that purpose, if required to complete the work under this Project if no
additional federal-aid funds will be made available for the Project.
c. If all or part of the construction work is to be accomplished by State personnel(i.e.by force account),
rather than by a competitive bidding process,the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635,
Subpart B,Force Account Construction.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way,prior to this Project being advertised for bids,the State will certify in writing that
all right of way has been acquired in accordance with the applicable state and federal regulations,or that no additional
right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended(P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
Document Builder Generated Page 3 of 9
Rev.05/07/2020
OLA#. 331003625
Routing#:25-HA4-XC-00059
and Federally Assisted Programs as amended(49 CFR Part 24);CDOT's Right of Way Manual;and CDOT's Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition(3111 charges),relocation(3109 charges)activities, if
any, and right of way incidentals(expenses incidental to acquisition/relocation of right of way—3114
charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no
participation in incidental expenses(3114 charges);or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109
expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is
located at http://www.coloradodot.info/business/manuals/right-of-way.
If right of way is purchased for a state highway, including areas of influence of the state highway,the local agency
shall immediately convey title to such right of way to CDOT after the Local Agency obtains title.
Section 8. Utilities
If necessary,the State will be responsible for obtaining the proper clearance or approval from any utility company,
which may become involved in this Project. Prior to this Project being advertised for bids,the responsible party will
certify in writing that all such clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the work is to be
accomplished by railroad company forces,the State shall make timely application to the Public Utilities Commission
requesting its order providing for the installation of the proposed improvements and not proceed with that part of the
work without compliance. The State shall also establish contact with the railroad company involved for the purpose
of complying with applicable provisions of 23 CFR 646,subpart B,concerning federal-aid projects involving railroad
facilities,including:
1. Executing an agreement setting out what work is to be accomplished and the location(s)thereof,and that the
costs of the improvement shall be eligible for federal participation.
2. Obtaining the railroad's detailed estimate of the cost of the work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage
to the installation.
Section 10. Environmental Obligations
The State shall perform all work in accordance with the requirements of the current federal and state environmental
regulations including the National Environmental Policy Act of 1969(NEPA)as applicable.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this Contract at its own cost and
expense during their useful life,in a manner satisfactory to the State and FHWA.The Local Agency will make proper
provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in
accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic
inspections of the Project to verify that such improvements are being adequately maintained.
Section 12. Record Keeping
Document Builder Generated Page 4 of 9
Rev.05/07/2020
OLA#: 331003625
Routing#:25-HA4-XC-00059
The State shall maintain a complete file of all records,documents,communications,and other written materials,which
pertain to the costs incurred under this Contract. The State shall maintain such records for a period of three(3)years
after the date of termination of this Contract or final payment hereunder,whichever is later,or for such further period
as may be necessary to resolve any matters which may be pending. The State shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and
FHWA to inspect the Project and to inspect,review and audit the Project records.
Section 13. Termination Provisions
This Contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this Contract at any time the State determines that the
purposes of the distribution of moneys under the Contract would no longer be served by completion of the Project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof,at least twenty(20)days before the effective date of such termination.
B. Termination for Cause. If,through any cause,the Local Agency shall fail to fulfill,in a timely and proper manner,
its obligations under this Contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this Contract,the State shall thereupon have the right to terminate this Contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents,data,studies,surveys,drawings,maps,models,photographs and reports or other material
prepared by the Local Agency under this Contract shall,at the option of the State, become its property,and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted.
Notwithstanding the above,the Local Agency shall not be relieved of liability to the State for any damages sustained
by the State by virtue of any breach of the Contract by the Local Agency,and the State may withhold payment to the
Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the
State from the Local Agency is determined.
If after such termination it is determined, for any reason,that the Local Agency was not in default or that the Local
Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the
rights and obligations of the Parties shall be the same as if the Contract had been terminated for convenience, as
described herein.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this Contract and that it has taken all
actions required by its procedures,by-laws,and/or applicable law to exercise that authority,and to lawfully authorize
its undersigned signatory to execute this Contract and to bind the Local Agency to its terms. The person(s)executing
this Contract on behalf of the Local Agency warrants that such person(s)has full authorization to execute this Contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,Region 4, 10601 10th Street,
Greeley, CO 80634. Said Region Director will also be responsible for coordinating the State's activities under this
Contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All
communications relating to the day-to-day activities for the work shall be exchanged between representatives of the
State's Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be
addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute
representatives.
If to the State: If to the Local Agency:
Jake Schuch Evan Pinkham
CDOT Region 4 County of Weld
10601 10th Street 1111 H Street
Greeley,Colorado 80634 Greeley,Colorado 80631
970-301-2129 970-400-3727
jake.schuch@state.co.us epinkham@weld.gov
Document Builder Generated Page 5 of 9
Rev.05/07/2020
OLA#: 331003625
Routing#:25-HA4-XC-00059
Section 16. Successors
Except as herein otherwise provided,this Contract shall inure to the benefit of and be binding upon the Parties hereto
and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that 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 State and the Local Agency. Nothing contained
in this Contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity,other than the State or the Local Agency
receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be
construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other
provisions of the Colorado Governmental Immunity Act, §24-10-101,et seq.,C.R.S.,as now or hereafter amended.
The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§24-30-1501,et seq.,C.R.S.,as now or hereafter amended.
Section 19. Severability
To the extent that this Contract may be executed and performance of the obligations of the Parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof.
Section 20. Waiver
The waiver of any breach of a term,provision,or requirement of this Contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 21. Entire Understanding
This Contract is intended as the complete integration of all understandings between the Parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing.No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Agreement Terms
Notwithstanding anything herein to the contrary,the Parties understand and agree that all terms and conditions of this
Contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This Contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations.Any such required modification shall automatically be incorporated into and be part of this
Contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this Contract shall be effective unless agreed to in writing by both Parties in an amendment to this Contract that is
properly executed and approved in accordance with applicable law.
Section 24. Disputes
Document Builder Generated Page 6 of 9
Rev.05/07/2020
OLA#: 331003625
Routing#:25-HA4-XC-00059
Except as otherwise provided in this Contract,any dispute concerning a question of fact arising under this Contract,
which is not disposed of by agreement,will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless,within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause,the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the agreement in accordance with the Chief Engineer's decision. The decision of the Executive
Director or his duly authorized representative for the determination of such appeals will be final and conclusive and
serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection
with decisions provided for herein. Nothing in this Contract,however,shall be construed as making final the decision
of any administrative official,representative,or board on a question of law.
Section 25. Colorado Special Provisions(Colorado Fiscal Rule 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency and Contract refers to
Agreement.
A. STATUTORY APPROVAL.§24-30-202(1),C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(19), then this
Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee.
B. FUND AVAILABILITY.§24-30-202(5.5),C.R.S.,applicable Local Agency law,rule or regulation.
Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent
upon funds for that purpose being appropriated,budgeted,and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments,boards,commissions committees,bureaus,offices,employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act,§24-10-101,et seq.,C.R.S.;the
Federal Tort Claims Act,28 U.S.C.Pt.VI,Ch. 171 and 28 U.S.C. 1346(b),and the State's risk management
statutes,§§24-30-1501,et seq.C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights,benefits, protections,or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization,express or implied,to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law,(ii)provide
proof thereof when requested by the State, and(iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws,rules,and regulations in effect or hereafter
established,including,without limitation,laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW,JURISDICTION,AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by reference
which conflicts with said laws,rules,and regulations shall be null and void.All suits or actions related to this
Document Builder Generated Page 7 of 9
Rev.05/07/2020
OLA#: 331003625
Routing#:25-HA4-XC-00059
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless;requires
the Parties to agree to binding arbitration; limits Contractor's liability for damages resulting from death,
bodily injury,or damage to tangible property; or that conflicts with this provision in any way shall be void
ab initio. Nothing in this Contract shall be construed as a waiver of any provision of§24-106-109 C.R.S.
Any term included in this Contract that limits Contractor's liability that is not void under this section shall
apply only in excess of any insurance to be maintained under this Contract,and no insurance policy shall be
interpreted as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that,during the term of this Contract and any extensions,Contractor
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this provision,the State may exercise any remedy
available at law or in equity or under this Contract, including,without limitation, immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of
Contractor's services and Contractor shall not employ any person having such known interests.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
Document Builder Generated Page 8 of 9
Rev.05/07/2020
OLA#: 331003625
Routing#:25-HA4-XC-00059
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that he or she is duly
authorized to execute this Agreement and to bind the Party authorizing his or her
signature.
LOCAL AGENCY STATE OF COLORADO
County of Weld Jared S. Polis, Governor
Signed by: Department of Transportation
By: 124- -. icuat,S Shoshana M. Lew, Executive Director
0»rDrflC.9 IF44-...
*Signature
DocuSipned by:
Scott K. James 64 Sa
Name:
AX..8271De4618a
(Print Name) Keith Stefanik, P.E., Chief Engineer
Title: Chairman, Pro-Tem 12/25/2025
Date:
(Print Title)
12/24/2025
Date:
SECOND LOCAL AGENCY
SIGNATURE,
IF NEEDED E LZ`
County of Weld
V,A1/44., ;‘,
Alt 4,1 �Nl
By: 11E61 ,, ' ��1
*Signature t �"`� `,
Nr.Esther Gesick
Name: 4. ,,e
(Print Name)
Title: Attest: Clerk to the Board
(Print Title)
Date: /4-aV/-2045—
Document Builder Generated Page 9 of 9
Rev.05/07/2020
ZoZs-3553
EXHIBIT A
Scope of Work
Roadway, Pavement& Structural Design; ROW Acquisition; Environmental; Hydraulics;
Phasing/Traffic Control; &Traffic Interchange Access Request
Project: US 34 &WCR 17 Interchange Review
Project Number: CC 0341-111
Subaccount Number: 27014
The Colorado Transportation Commission has directed in Policy Directive 1601 that all requests
for new interchanges and major improvements to existing interchanges be reviewed and
evaluated in a fair and consistent manner, and that sufficient information is available to make an
informed decision. Finally, in order to clarify expectations and reduce the likelihood of
misunderstanding by both CDOT and the applicant, this procedural directive requires the
development of an initial intergovernmental agreement that identifies the procedural, timing, and
cost expectations for any proposal.
Weld County will serve as the local government applicant on behalf of the City of Greeley, the
Town of Windsor, and the Town of Johnstown for the 1601 interchange process on the US 34 &
WCR 17 Interchange Review.
Greeley, in conjunction with Weld County, Windsor, and Johnstown would like to seek approval
for a future new highway interchange to be located at US Highway 34 and County Road 17 in
Weld County. This new highway interchange will provide the needed improved access to the
proposed new developments in the City of Greeley that are anticipated to open in 2028. This
proposed interchange will provide other important benefits including, but not limited to, enhancing
traffic safety by eliminating conflict point and backup congestion that have caused major injury
and fatal accidents at this intersection, reduce future traffic burden and improve access on US 34
and the local roadway networks to better handle proposed development, and enhance transit and
multi-model options on the US 34 corridor.
This initial Intergovernmental Agreement (IGA), as required by Procedural Directive 1601.1,
establishes responsibilities of CDOT and Weld County in the 1601 process and serves as a
reimbursable agreement for CDOT review on the Interchange Request. Responsibilities are as
follows:
• Anticipated improvement type—This interchange request was determined to be a Type 2
at the pre-application meeting held on March 31, 2025.
• Anticipated administrative, application, and design review and approval costs — Weld
County Contribution not to exceed $245,000.00.
• Anticipated analytical procedures, identification of existing applicable studies — Weld
County in coordination with the City of Greeley and the City of Greeley's consultant will be
the responsible party in coordination with CDOT.
• Anticipated level of design detail —Weld County in coordination with Greeley's consultant
will be the responsible party in coordination with CDOT.
Exhibit A - Page 1 of 3 pages
• Anticipated schedule—Weld County in coordination with the City of Greeley and the City
of Greeley's consultant will develop and maintain the project schedule with milestones.
The anticipated timeframe to completion is one year.
• NEPA category—CDOT will determine NEPA category in coordination with FHWA.
• Consistency with Regional and Statewide Plan(s)—Weld County in coordination with the
City of Greeley and the City of Greeley's consultant will be the responsible party in
coordination with CDOT.
• Access Permitting Requirements — CDOT will establish the access permitting
requirements.
The Colorado Department of Transportation (CDOT) will be issuing an access permit (Access
Permit) for this project. This scope of work will formalize pre-construction expectations and
services. A separate scope of work will be developed for the construction, post-construction
phases, and a separate Intergovernmental Agreement (IGA) will be prepared for on-going
maintenance and operation of the interchange and accessory roads and facilities (i.e. ponds,
bridges, etc.), as well as property transfer of the needed ROW to CDOT.
Weld County will serve as the local government Access Permit Applicant(Applicant) on behalf of
the City of Greeley for the design of the US 34 &WCR 17 Interchange.
Access Permit Applicant and Authorized Agent Commitments
A. Design/Pre-construction
• The Access Permit Applicant (Applicant) or authorized agent is responsible for ensuring all
required environmental documents have been obtained. All work performed within the
CDOT right-of-way must conform to all applicable State, federal, county and local
municipalities environmental regulations, specifications, standards and requirements.
• It is the Applicant's responsibility to produce all required environmental documentation and
supporting studies.
• The Applicant will be responsible for:
o performing the project work in accordance with the requirements of the current
federal and state environmental regulations including the National Environmental
Policy Act of 1969 (NEPA) and Uniform Relocation Assistance and Real Property
Acquisition Act as applicable (including public outreach).
o ensuring all resources are reviewed including noise, hazardous materials — Initial
Site Assessment/Modified Environmental Site Assessment, Federally Threatened
and Endangered and State Listed Species, wetland delineations, paleontology,
archeology, history, Section 6(f), Raptor/Migratory Birds, Environmental Justice,
Visual, Noxious Weed Management, Air Quality, Floodplain development,
stormwater construction, and land use.
o ensuring all required environmental documentation/permits are obtained.
Exhibit A- Page 2 of 3 pages
o prepare and provide right of way plans, roadway plans, stormwater construction
plans, and environmental specifications. CDOT will be given the opportunity to
review and provide feedback.
o The Applicant shall submit a record of environmental permits and compliance
documentation to CDOT as requested or before issuance of the Access Permit.
o Preparation of the Interchange Access Request (IAR) Report.
CDOT Commitments
B. Design/Pre-construction
• The Access Permit includes a new interchange along US 34. Since this permit is not a CDOT
project and was not included in the 10-Year Plan, it is not deemed regionally significant and
is exempt from the CDOT greenhouse gas (GHG) planning regulations. CDOT will provide
comments and final approval on pavement/materials and structure designs, roadway and
structural plans & specifications, phasing and traffic control plans, stormwater plans &
specifications, and environmental specifications through each phase of the project design.
• CDOT will provide feedback comments, and final approval of the proposed CDOT ROW"A-
Line"for the portion of the roadway to be owned and maintained by CDOT.
• CDOT will not be a co-applicant on any of the environmental construction permits. All
contractual requirements of the environmental permits will be the responsibility of the
Applicant.
• The 128 Form is not a NEPA document and is used for documenting compliance by the
applicant for the Access Permit.
Weld County Contribution: $245,000.00
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A - Page 3 of 3 pages
Contract Form
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
COLORADO DEPARTMENT OF @0000341 3 Banner, please email vendor
TRANSPORTATION data to vbanner@weld.gov.
O Suppliers will begin pulling
from Workday on 1/5/2026.
Contract Name* Contract ID Parent Contract ID
WCR 1 7/ US 34 PD 1601 IGA WITH CDOT 10200
Requires Board Approval
Contract Status Contract Lead* YES
CTB REVIEW EPINKHAM
Department Project#
Contract Lead Email
epinkham@weld.gov
Contract Description*
IGA BETWEEN WELD COUNTY AND CDOT REGARDING THE US 34/ WCR 17 INTERCHANGE APPROVAL PROCESS -
PD 1601
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 12/20/2025
12/24/2025
Amount* Department Email
$245,000.00 CM- Will a work session with BOCC be required?*
PublicWorks@weld.gov NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be
CM-PublicWorks- included?
Automatic Renewal DeptHead@weld.gov
Grant County Attorney
NO GENERAL COUNTY
IGA ATTORNEY EMAIL
YES County Attorney Email
CM-
CO U NTYATTORN EY@WEL
D.GOV
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 OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/01 /2034
Termination Notice Period Expiration Date*
Committed Delivery Date 05/08/2035
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
.CURTIS HALL RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/22/2025 12/22/2025 12/22/2025
Final Approval
BOCC Approved Tyler Ref#
AG 122425
BOCC Signed Date
Originator
BOCC Agenda Date EPINKHAM
12/24/2025
Hello