HomeMy WebLinkAbout20240748.tiffRESOLUTION
RE: APPROVE AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT FOR
IMPROVEMENTS FOR COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT
PROJECT, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY
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 Amendment #1 to the Intergovernmental
Agreement for Improvements for the County Roads 74 and 33 Intersection Roundabout Project
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Department of Transportation, commencing August 11, 2020, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Intergovernmental Agreement for Improvements for
the County Roads 74 and 33 Intersection Roundabout Project between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Department of Public Works, and the Colorado Department of Transportation, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of April, A.D., 2024, nunc pro tunc August 11, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUN
ATTEST: diaAtAj
Weld County Clerk to the Board
BY.
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Deputy Clerk to the Board
VED
County Attorney Li (4Date of signature:
C
Ross, Chair
`y L. Bu , Pro -Tern
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Mike Freeman
USED
K. James
Saine
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2024-0748
EG0082
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Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: 33/74 Roundabout CDOT Agreement Termination
DEPARTMENT: Public Works DATE: March 8, 2024
PERSON REQUESTING: Michael Bedell, Don Dunker, and Curtis Hall
Brief description of the problem/issue:
Colorado Department of Transportation (CDOT) and the County entered into an Agreement dated 8/11/20
associated with grants funds ($1,091,818) for the construction of the WCR 33/74 Roundabout Project. Due to
unforeseen issues and complications during the construction, and termination of the contract with Lawson
Construction, the Agreement with CDOT also needed to be cancelled. The BOCC passed Resolution 2023-
3074 dated 10/16/23 to return funds to CDOT and cancel the IGA. CDOT has provided a 2 -page document
which will formally terminate the IGA Agreement and requested the County to sign/return the document.
What options exist for the Board?
1. Recommend approval for staff to submit the CDOT document for signature by the BOCC.
2. Request a work session with staff to discuss this request.
3. Deny recommending approval of this Agreement termination document.
Consequences:
Approval of this Agreement termination would result in CDOT and the County officially terminating the IGA
dated 8/11/20 and CDOT being able to unencumber the grant funds for use elsewhere.
Impacts:
The grant funds will not be utilized towards construction of the 33/74 Roundabout Project.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
The Agreement designated funds (from both agencies) in the amount of $1,318,78 to be encumbered, and the
maximum amount to be given to the County was $1,091,818. These funds will no longer be designated as
revenue for the County.
Recommendation:
Public Works recommends authorization to submit this Agreement termination document for consideration as a
line item on an upcoming BOCC Meeting Agenda.
Support Recommendation Schedule
Place on BOCC Mende Work Session Other/Comments:
iii'
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2024-0748
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DocuSign Envelope ID: 1665CBDE-0072-4563-BF07-919A3B6FD63A
OLA #: 331002058
Routing #: 20-HA4-XC-00063-M0002
Additional PO Reference: 400001858
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: STU C030-078 (23044)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
20-HA4-XC-00063-M0002
Local Agency
COUNTY OF WELD
Original Agreement Routing Number
20-HA4-XC-00063
Agreement Maximum Amount
$0.00
Agreement Performance Beginning Date
August 11, 2020
Agreement Expiration Date
The earlier of the effective date of this
Amendment or November 26, 2029
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
rDo��.tu.�Sp(m''00y:
l`(A1W B.l,
Keith Stefanik, P.E., Chief Engineer
Date: 4/2/2024
LOCAL AGENCY
COUNTY OF WELD
DocuSigned by:
Ltxvi ass
By 404FDFDC361F44F..,
SECOND LOCAL AGENCY SIGNATURE, IF NEEDED
COUNTY OF WELD
By:
By
*Signature
Name: Kevin D. Ross
*Signature
Name:
Title: Chair
Title:
Date: 4/2/2024
Date:
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
eeuugnm uy:
Department of Transportation
Amendment Effective Date: 4/2/2024
Document Builder Generated
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OLA #: 331002058
Routing #: 20-HA4-XC-00063-M0002
Additional PO Reference: 400001858
1) PARTIES
This Amendment (the "Amendment") to the Original Agreement (the "Agreement") shown on the Signature
and Cover Page for this Amendment is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment temt shown in §3.B of this
Amendment
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
A. The Parties originally entered into the Agreement on August 11, 2020 to distribute federal funds to the
Local Agency, pursuant to the State's Stewardship Agreement with the FHWA, for the construction of the
WCR 74 and WCR 33 Intersection Project in Weld County, Colorado.
B. On November 21, 2022, the State executed Option Letter #1 to encumber $1,318,780.00 in the Construction
phase cm PO 400001858.
C. On January 26, 2024, PO 400001858 was liquidated and the Local Agency returned the funds to the State
that had previously been reimbursed to the Local Agency by the State.
5) MODIFICATIONS
The Panties now desire to terminate the Agreement. The previous expiration date of the Agreement of
November 26, 2029 will be vacated and the Agreement will be terminated on the date this Amendment is
signed lay the State Controller.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or othes modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govem, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Contract Form
Entity Information
Entity Name *
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
@00003413
Contract Name*
33/74 ROUNDABOUT IGA TERMINATION
Contract Status
CTB REVIEW
New Entity?
Contract ID
7953
Contract Lead *
MBEDELL
Contract Lead Email
MBedell@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-55
Contract Description *
CDOT IGA AMENDMENT #1 WHICH OFFICIALLY TERMINATES THE ORIGINAL IGA DOCUMENT. THE IGA IS BEING
TERMINATED AS A RESULT OF THE COUNTY TERMINATING AN ASSOCIATED CONTRACT WITH LAWSON
CONSTRUCTION ON 9/19/23.
Contract Description 2
Contract Type *
AMENDMENT
Amount*
$0.00
Renewable *
NO
Automatic Renewal
NO
Grant
YES
IGA
YES
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Grant Deadline Date
IGA Deadline Date
Requested BOCC Agenda Due Date
Date* 03/28/2024
04/01/2024
Will a work session with BOCC be required?*
NO
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 OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
12/31/2024
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2024
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 CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/21/2024 03/22/2024 03/22/2024
Final Approval
BOCC Approved Tyler Ref*
AG 040124
BOCC Signed Date Originator
MBEDELL
BOCC Agenda Date
04/01/2024
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