HomeMy WebLinkAbout20240465.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR RESURFACING OF EAST
168TH AVENUE AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY
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, on the 7th day of April, 2014, the Board of Weld County Commissioners
approved a Memorandum of Understanding for Shared Maintenance of East 168th Avenue and
County Road 2 on behalf of the Department of Public Works and Adams County, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Resurfacing of East 168th 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 Adams County, 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 Resurfacing of East 168th
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 Adams
County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
cc:ptJ(cH/P JfoD/SHISS)
oH/29/24
2024-0465
EG0082
INTERGOVERNMENTAL AGREEMENT FOR RESURFACING OF EAST 168TH AVENUE -
ADAMS COUNTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: deatio .44,4;4
Weld County Clerk to the Board
BY: Otrai114 . &u rdc
Deputy Clerk to the Board
APPRM:
ounty Attorney
Date of signature: 31 Z4
WELD COUNTY
Mike Freeman
c1SttK James
Lori Saine
2024-0465
EG0082
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
Corrlva c+(t -i
PASS -AROUND TITLE: Inter -Governmental Agreement (IGA) with Adams County for milling and overlay.
DEPARTMENT: Public Works (Pavement Management) DATE: 12.15.2023
PERSON REQUESTING: Joshua Holbrook, Public Works (Pavement Management)
Brief description of the problemlissue:
Background: On April 7th, 2014, Adams County and Weld County agreed to a memorandum of understanding
(MOU) for the shared maintenance of E 168. Avenue/Weld County Road 2. As part of the MOU, shared
maintenance costs are defined as "Major Construction Projects" which includes milling and paving overlays
projects.
Two areas have been identified for milling and paving overlay; 168. from Holly Street to Tucson Street and
WCR 2 from Lochbuie City Limits/CDOT ROW to WCR 39.
RockSol completed a geotechnical investigation report that included a pavement design. RockSol's
recommendation is a 2" mill and 3" Hot Mix Asphalt (HMA) overlay.
Adams County will be in charge of project advertising and construction administration. This work is scheduled
for the summer of 2024.
The Weld County Finance Department has advised that a supplemental will be needed for the budget, but
Weld County's total contribution of $1,474,276.14 can be covered by the fund balance if approved by the
BOCC.
What options exist for the Board?
Consequences: If the Board approves the pass -around, Public Works can start working on the IGA with Adams
County and Attorney's Office to complete the mill and overlay on 168th and WCR 2 in 2024.
Impacts: If the Board denies the pass -around, Public Works will have to revisit our 2024 and 2025 overlay
program and remove road(s) that are already scheduled and in need of an overlay.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
The requested amount of $1,474,276.14 would be for fiscal year 2024.
Recommendation:
Staff recommends approval of pass -around. The Attorney's Office would review the IGA with Adams County
before being placed on the BOCC agenda for consideration.
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
cc:
Curtis Hall, Director of Public Works
Duane Naibauer, Deputy Director
Jennifer Oftelie, Budget Manager
Attachments:
Cost estimate
Exhibit A -Project location Map
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
.r/
leo
2024-0465
z/Z(9 Eel 00V,
INTERGOVERNMENTAL AGREEMENT BETWEEN
WELD COUNTY AND ADAMS COUNTY
REGARDING THE RESURFACING OF E. 168TH AVENUE
This INTERGOVERNMENTAL AGREEMENT REGARDING THE RESURFiCING
OF E. 168th AVENUE (the "Agreement") is made and entered into effective this & day of
lelpytia vu, q , 202`#, by and among the County of Adams, Colorado, a body politic ("Adams
County"), anti the County of Weld, a Colorado Home Rule Charter County ("Weld County").
Adams County and Weld County are referred to herein as either the singular "Party" or the plural
"Parties."
WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as
Section 29-1-201, et seq., and 29-20-105 of the Colorado Revised Statutes authorize and
encourage governments to cooperate by contracting with one another for their mutual benefit;
and,
WHEREAS, Adams County will be resurfacing E. 168`h Avenue within Adams County as
part of its 2024 Street Paving Program (the "Program; and
WHEREAS, Weld County wishes to pay for Adams County to resurface portions of E.
168"' Avenue and WCR 2 that are in Weld County pursuant to the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration for the making and performance of the mutual
promises and covenants contained herein the parties agree as follows:
1. PROJECT
The portion of the Program pertaining to E. 168`h Avenue ("Project") will consist of a mill 2 -inch
asphalt pavement, overlay 3 -inch of Hot Mix Asphalt SX (75)(PG64-28) with patching,
shouldering, and pavement markings on E. 168t'' Avenue. Exhibit A depicts the portions of the
Project that are within Weld County.
2. WELD COUNTY CONTRIBUTION - PAYMENTS
a. Weld County shall pay the County based on Weld County's portion of the actual
quantities and costs incurred by Adams County for work performed within Weld County's
jurisdiction. An estimate of the expenditures for Weld County's contribution is $1,474,276.14,
as set forth in Exhibit B. A ten percent contingency has been applied to the cost estimate to
accommodate potential cost overruns, as well as a ten percent contingency to the overall Project
budget to accommodate potential change orders and minor contract revisions. Upon completion of
the Program, Adams County shall send an invoice to Weld County, with approved quantities and
unit prices, and Weld County shall pay Adams County within thirty (30) days of receipt of the
invoice.
b. In the event Weld County objects to a change in quantities in the field, or a contract
revision, the Parties shall meet to reach agreement on the amount of Weld County's contribution.
c. If the Parties fail to reach such agreement at said meeting, Weld County shall
provide its written objection to Adams County within five (5) days after the meeting for final
consideration. If no agreement is reached within thirty (30) days of the date of Weld County's
written objection, the Parties agree to submit to non -binding mediation.
020,717L-6 174Z,
3. AUTHORITY TO MANAGE, ENGINEER, ADVERTISE, CONTRACT,
CONSTRUCT AND INSPECT
Weld County hereby authorizes Adams County to manage, advertise, contract,
construct and inspect the Project, including those portions of the Project within Weld County's
jurisdiction; provided, however, prior to construction, Adams County's contractor shall obtain
a Weld County's Right -of -Way Permit for any work conducted within Weld County's
jurisdiction. Subject to the foregoing, Adams County shall have full control over all aspects
of the management, advertisement, contracting, construction and inspection for the Project
until construction has been completed. Once construction has been completed, each Party
shall be responsible to maintain the portions of the Project lying within their respective
jurisdictions.
4. COOPERATION
Weld County and Adams County hereby agree that, upon execution of this Agreement and
commencement of the Project, the Parties will cooperate with each other to the fullest extent
in the scheduling of the work, supervision, and review when applicable to ensure the successful
completion of the Project. Weld County may inspect those portions of the Project within Weld
County's jurisdiction but shall communicate to the Contractor through Adams County. Adams
County agrees to use its best efforts to complete all work contemplated by this Agreement by
December 31, 2024.
5. WARRANTY
The Parties agree that any contracts awarded for the construction of the Project shall be
covered by warranty provided by the selected contractor for a one (1) year period from the date
of completion and acceptance of the work by Adams County, and that surety shall be provided
by the selected contractor for enforcement of this warranty.
6. INSURANCE AND INDEMNIFICATION
a. During the term of this Agreement, the Parties shall maintain property and
general liability insurance in commercially reasonable amounts. Both Parties may meet this
obligation through their membership in their respective insurance pools.
b. Adams County shall require that all contractors, subcontractors, and
independent contractors employed by Adams County for the Project maintain property, general
liability and statutory worker's compensation insurance in such amounts as to insure both
Adams County and Weld County as an additional insured, to the statutory limits of their
liability. Adams County shall require that all contractors, subcontractors, and independent
contractors employed by Adams County for the Project name Weld County as an additional
insured on said policies to the same extent and degree and with all the same rights and
privileges as Adams County.
c. Adams County shall require that all contractors, subcontractors, and
independent contractors employed by the County for the Project shall indemnify, defend and
hold harmless Adams County and Weld County, and their respective officials, and employees
from and against any and all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties to the extent they arise, or may be alleged to arise, directly or
indirectly, in whole or in part, from the intentional misconduct or negligent acts or omissions
of the selected Contractor, the selected Contractor's subcontractors, suppliers, and/or
employees in connection with work on the Project.
2
7. ADDITIONAL DOCUMENTS OR ACTION
The Parties agree to execute any additional documents or to take such additional action as
may be necessary to carry out this Agreement.
8. ASSIGNMENT
This Agreement shall not be assigned by either Party without the prior written consent of
the other Party.
9. FORCE MAJEURE
Any delays in or failure of performance by any Party of its obligations under this
Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods,
strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages
of labor or materials, or other causes, similar or dissimilar, which are beyond the control and
such Party.
10. BINDING EFFECT
This Agreement shall inure to the benefit of, and be binding upon, the Parties, their
respective legal representative, successors, heirs, and assigns; provided, however, that nothing
in this paragraph shall be construed to permit the assignment of this Agreement except as
otherwise expressly authorized herein.
11. EXHIBITS
All exhibits referred to in this Agreement are, by reference, incorporated herein for all
purposes.
12. NOTICES
Written notices required under this IGA and formal correspondence among the Parties shall
be directed to the following and shall be deemed received as of the date of hand -delivery, or as
of the date indicated on the return receipt request of a certified mailing:
If to Weld County:
Joshua Holbrook
Pavement Management Supervisor
Department of Public Works
1111 H Street,
Greeley, CO 80632-0758
If to Adams County:
Jennifer W. Shi, PE
Senior Transportation Engineer,
Public Works Department
Adams County
4430 South Adams County Parkway, Suite W5700
Brighton, CO 80601-8218
13. PARAGRAPH CAPTIONS
The captions of the paragraphs are set forth only for the convenience and reference of the
Parties and are not intended in any way to define, limit or describe the scope or intent of this
Agreement.
3
14. INTEGRATION AND AMENDMENT
This Agreement represents the entire agreement between the Parties and there are no oral
or collateral agreements or understandings. This Agreement may be amended only by an
instrument in writing signed by the Parties. If any other provision of the Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding, and all of the
remaining provisions of this Agreement shall continue in full force and effect.
15. DEFAULT
Time is of the essence. If any payment or any other condition, obligation, or duty is not
timely made, tendered or performed by either Party, then this Agreement, at the option of the
Party who is not in default, maybe terminated by the nondefaulting Party, in which case, the
nondefaulting Party may recover such damages as may be proper. If the nondefaulting Party
elects to treat this Agreement as being in full force and effect, the nondefaulting Party shall
have the right to an action for specific performance or damage or both.
16. WAIVER OF BREACH
A waiver by any Party to the Agreement of the breach of any term or provision of this
Agreement shall not operate, or be construed as, a waiver of any subsequent breach by either
Party.
17. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Colorado. Venue for any
action arising under this Agreement or for the enforcement of this Agreement shall be in the
appropriate court for Adams County, Colorado.
18. GOVERNMENTAL IMMUNITIES
a. The Parties hereto intend that nothing herein shall be deemed or construed as
a waiver by either Party of any rights or protections afforded to them under the Colorado
Governmental Immunity Act (Section 24-10-101, C.R.S., et seq.)
b. Adams County and Weld County agree that in the event any claim or suit is
brought against either or both Parties by any third party as a result of the operation of this
Agreement that both Parties will cooperate with each other, and with the insuring entities of
both Parties, in defending such claim or suit.
[The remainder of this page intentionally left blank. Signature page(s) follow(s).]
4
C41ATTEST: `4'�`�'r'` 404
,lerk to the Bar•
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Deputy CI =f to the B.11 ,# � 1
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BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
.q(arti
Deputy Clerk
vin D. Ross, Chair
FEB 2 6 2024
BOARD OF COUNTY COMMISSIONERS
ADAMS OUNTY, COLO
By: Chair ' of the Board
APPROVED AS TO FORM:
cd,
County Attorney
Date of Approval:
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Brighton
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on
this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
1 of 4
0 ADAMS COUNTY
COLORADO
Exhibit A - E 168th Ave
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on
this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Legend
Highways
•
Interstate
Highway
Tollway
Streets
Streets
Ramp
Building
County Parks and Open Space
Cities
Arvada
Aurora
Bennett
Brighton
Commerce City
Federal Heights
Lochbuwe
Northglenn
Thornton
Westminster
Small Lakes
Major Lakes
Rivers
Canal
Ditch
Primary Creek
River
Secondary Creek
Stream
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Notes
COLORADO
E 168th Ave
Project Limit
Exhibit A - E 168th Ave
End on the
west of Bridge
0.24 0 5 Miles
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on
this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Brigh ton
Legend
Highways
Interstate
Highway
T ofiwa y
Streets
Streets
Ramp
Building
County Parks and Open Space
Cities
Arvada
Aurora
Bennett
Brighton
Commerce City
Federal Heights
Lochbuie
Northglenn
Thornton
Westminster
Small Lakes
Major Lakes
Rivers
Canal
Ditch
Primary Creek
River
Secondary Creek
Stream
nCtraflIA
0 ADAMS COUNTY
TAW COLORADO
Exhibit A - E 168th Ave
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Project Limit
E168th Ave
0.12 0.2 Miles
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on
this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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Legend
Address
Highways
Interstate
Highway
Tollway
Streets
Streets
Ramp
Building
County Parks and Open Spac€
Small Lakes
Major Lakes
Rivers
Canal
Ditch
Primary Creek
River
Secondary Creek
Stream
Parcels
County Boundary
EXHIBIT B
WELD COUNTY RESURFACING FEE SCHEDULE
10/27/2023
LINE
ITEM
CONTRACT
ITEM NO.
CONTRACT ITEM DESCRIPTION
UNIT
EST. BID
QUANT.
UNIT BID PRICE
AMOUNT BID
01
202-00220
REMOVAL OF ASPHALT MAT
SY
4,89800
$10.50
$51,429.00
02
202-00240
REMOVAL OF ASPHALT MAT (PLANING)
SY
42,496.00
$2.09
$88,816.64
03
203-01500
020016$
HR
24.00
$163.00
$3,912.00
04
203-01597
POTHOLING
HR
6.00
$300.00
$1,800.00
05
304-06000
AGGREGATE BASE COURSE (CLASS 6)
TON
1,790.00
$29.45
$52,715.50
06
403-00720
HOT MIX ASPHALT (PATCHING) (ASPHALT)
TON
1,396.00
$120.00
$167,520.00
07
403-34651
HOT MIX ASPHALT (GRADING SX) (75)(PG 64-28)
TON
8,082.00
$98.00
$792,036.00
08
620-00020
SANITARY FACILITY
EA
1.00
$1,600.00
$1,600.00
09
625-00000
CONSTRUCTION SURVEYING
LS
0.09
$7,900.00
$711.00
10
625-00001
CONSTRUCTION SURVEYING
HR
8.00
$166.00
$1,328.00
11
626-00000
MOBILIZATION
LS
0.09
$356,000.00
$32,040.00
12
627-00008
MODIFIED EPDXY PAVEMENT MARKING
GAL
179.00
$195.00
$34,905.00
13
627-00011
PAVEMENT MARKING PAINT(WATERBORNE)
GAL
179.00
$55.00
$9,845.00
14
627-30405
PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL)(IN-LAID)
SF
71.00
$30.00
$2,130.00
15
630-00000
FLAGGING
HR
500.00
$40.50
$20,250.00
16
630-00007
TRAFFIC CONTROL INSPECTION
DAY
5.00
$210.00
$1,050.00
17
630-00012
TRAFFIC CONTROL MANAGEMENT
DAY
12.00
$950.00
$11,400.00
18
630-80141
Construction Traffic Sign (Panel Size A)
EA
10.00
$35.00
$350.00
19
630-80342
Construction Traffic Sign (Panel Size B)
EA
10.00
$40.00
$400.00
20
630-80343
Construction Traffic Sign (Panel Size C)
EA
10.00
$42.00
$420.00
21
630-80355
Portable Message Sign Panel
EA
1.00
$5,000.00
$5,000.00
22
630-80358
Advance Warning Flashing or Sequencing Arrow Panel (C Type)
EA
1.00
$1,093.00
$1,093.00
23
630-80360
Drum Channelizing Device
EA
25.00
$50.00
$1,250.00
24
630-80380
Traffic Cone
EA
25.00
$9.00
$225.00
25
704-70010
MINOR CONTRACT REVISION
FA
1
$129,000.00
$129,000.00
26
700-70012
ASPHALT PAVEMENT INCENTIVE
FA
1
$4,500.00
$4,500.00
27
700-70016
FUEL COST ADJUSTMENT
FA
1
$1,000.00
$1,000.00
28
700-70019
ASPHALT CEMENT COST ADJUSTMENT FA
1
$6,250.00
$6,250.00
29
700-70018
F/A ROADWAY SMOOTHNESS INCENTIVE FA
1
$51,300.00
$51,300.00
Total
51,474,276.14
Contract Form
Entity Information
Entity Name*
ADAMS COUNTY
Entity ID*
@00000137
Contract Name"
INTERGOVERNMENTAL AGREEMENT BETWEEN WELD
COUNTY AND ADAMS COUNTY REGARDING THE
RESURFACING OF E. 168TH AVE
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
7838
Contract Lead *
JHOLBROOK
Contract Lead Email
Jholbrook@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THIS AGREEMENT WITH ADAMS COUNTY IS TO COMPLETE A ROAD RESURFACE PROJECT ON 168TH AVE. THE
PROJECT WILL CONSIST OF A TWO INCH MILL ON THE ASPHALT PAVEMENT, OVERLAY THREE INCHES OF HOT MIX
ASPHALT, SHOULDERING, AND PAVEMENT MARKINGS.
Contract Description 2
ADAMS COUNTY WILL ADVERTISE, CONTRACT CONSTRUCT, MANAGE AND INSPECT THE PROJECT.
Contract Type*
AGREEMENT
Amount*
$1,474,276.14
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BRUCE BARKER
County Attorney Email
BBARKER@CO.WELD.CO.0
Requested BOCC Agenda
Date
02/21/2024
Due Date
02/17/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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
Contact Info
Review Date *
10/31/2024
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2024
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
02/15/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02/26/2024
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
02/15/2024 02/16/2024
Tyler Ref #
AG 022624
Originator
JHOLBROOK
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