HomeMy WebLinkAbout20250775.tiffResolution
Approve Contract for Construction of Interstate 25 (I-25), Segment 5 Improvements
Project between State Highways 56 and 66, and High Plains Boulevard
Improvements Project, and Authorize Chair 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, pursuant to passthrough funds from the U.S. Department of Transportation,
Weld County was awarded an earmark Community Development Grant, in the amount of
$1 Million, for the High Plains Boulevard Improvements Project, and
Whereas, the Board of County Commissioners of Weld County, Colorado, has agreed to
commit $4 Million to the Colorado Department of Transportation (CDOT) in support of the
construction of the Interstate 25 (I-25), Segment 5 Improvements Project, between
State Highways 56 and 66, and
Whereas, the Board has been presented with a Contract for the Construction of
Interstate 25 (I-25), Segment 5 Improvements Project, between State Highways 56
and 66, and the High Plains Boulevard Improvements 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, Region 4, commencing upon full execution of signatures, 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 and remit a total of
$5 Million from the Department of Public Works general fund in support of said
construction projects.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Contract for the Construction of Interstate 25 (I-25) Segment 5
Improvements Project, between State Highways 56 and 66, and the High Plains
Boulevard Improvements 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, Region 4, be, and
hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said contract.
c c ;QW (cH/Dwiowsz)
05/.2/25
2025-0775
EG0083
Contract for Construction of Interstate 25 (I-25) Segment 5 Improvements Project,
Between State Highways 56 and 66, and Highplains Boulevard Improvements Project
Page 2
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 19th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0775
EG0083
CunA-vaC+ 1,DaciZE
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CDOT Contract for 1-25, Segment 5 and High Plains Boulevard
DEPARTMENT: Public Works DATE: 3/10/2025
PERSON REQUESTING: Elizabeth Relford
Brief description of the problem/issue:
In FY 24, Weld County was awarded a $1,000,000 Community Development grant for High Plains Boulevard.
Weld County will be a pass through for these funds to be directly distributed to CDOT from US DOT to
complete the necessary High Plains Boulevard improvements that tie into Segment 5.
During the work session with the Board and CDOT on February 3, 2025, the Commissioners agreed to transfer
and additional $4,000,000 to CDOT to support the construction of 1-25, Segment 5.
Therefore, the following agreement authorizes Weld County to remit a total of $5,000,000 to CDOT for the I-25,
Segment 5 (CO 56 to CO66) and High Plains Boulevard projects to continue our partnerships to improve
safety, provide more reliable multimodal transportation routes, and promote economic prosperity for all.
What options exist for the Board?
Consequences: By not approving this agreement, the lack of funding could impact completion of both
the 1-25, Segment 5 and High Plains Boulevard projects.
Impacts: Impacts may include, but are not limited to delaying, completing, or modifying the scope of
work for construction of both projects.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): While this agreement is for
$5,000,000, the actual cost to the county is $4,000,000. This will be paid from Public Works general fund
dollars. The remaining $1,000,000 was an Community Development earmark grant received through
Representative Caraveo's office and memorialized in the fiscal year 2024 Appropriations Bill.
Recommendation: Staff recommends placing the attached agreement on the next available BOCC agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
40(
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2025 -0775
3A9 I
Thursday, January 30, 2025 9:19 AM
Meeting Date: 2/3/20251:30 PM
Location: Pawnee Conf Rm
Link to Outlook Item: click here
Invitation Message
Content
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from Outlook
I-25 Seg 5
SBAR - W...
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Attachment from Outlook
I-25
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Perry Buck P Li �,';
�cottlames (Accepted in Outlook) s�4+ JLf� .r
evin Ross (Accepted in Outlook) J
Jason Maxey (Accepted in Outlook)
Lynette Peooler (Accepted in Outlook)
Bruce Barker (Accepted in Outlook)
Karin McDougal
n�,/Cheryl Patteili
L ill Scott (Accepted in Outlook)
Jennifer Finch (Accepted in Outlook)
Curtis Hall
2' Evan Pinkham
�J�on Dunker (Accepted in Outlook)
Duane Naibauer
12/ Elizabeth Relford (Accepted in Outlook)
Geissler, Abra (abra.geissler aPstate.co.usl (Accepted in outlook)
2- Heather Paddock CDOT
2 aker Geist (Accepted in Outlook)
Cameron Parrott (Accepted in Outlook)
Notes
February'2025 Page I
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OLA #: 331003529
Routing #: 25-HA4-XC-00189
(Local $CDOTWRK) REGION: 4 (TCH)
PROJECT: NHPP 0253-285 (24309)
CONTRACT
THIS CONTRACT, executed this day of 4/23/2025 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, 1150
O Street PO Box 758, Greeley, Colorado, 80632, 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: $5,000,000.00.
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)(III) 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 agreement and to expend its funds for the Contribution.
6. The Local Agency has funds available and desires to provide $5,000,000.00 in 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 the I-25 Segment 5 project, including drainage improvements along Weld
County Road 34 and High Plains Boulevard, 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.
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Section 3. Term
This Contract shall be effective upon approval of the CDOT Chief Engineer or designee and shall terminate on
February 03, 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 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 $5,000,000.00.
C. The maximum amount payable by the Local Agency under this contract shall be $5,000,000.00 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 costs relative to the project following the Local Agency's review
and approval of such charges, subject to the terms and conditions of this agreement.
B. 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.
The State will prepare and submit invoices to the Local Agency, 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.
C.
Section 6. State and Local Agency Commitments
The Scope of Work (Exhibit A) describes 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.
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.
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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 agreement, 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
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:
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• 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 State will maintain and operate the improvements constructed under this agreement at its own cost and expense
during their useful life, in a manner satisfactory to the State and FHWA. The State 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
The State shall maintain a complete file of all records, documents, communications, and other written materials, which
pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years
after the date of termination of this agreement or fmal 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
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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 agreement may be terminated as follows:
A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the
purposes of the distribution of moneys under the agreement 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, either Party shall fail to fulfill, in a timely and proper manner, its
obligations under this agreement, or if either Party shall violate any of the covenants, agreements, or stipulations
of this agreement, the other Party shall thereupon have the right to terminate this agreement for cause by giving
written notice to the other Party 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.
Notwithstanding the above, neither Party shall not be relieved of liability for any damages sustained by the aggrieved
Party by virtue of any breach of the Agreement by the other Party, and the aggrieved Party may withhold payment to
the other Party for the purposes of mitigating its damages until such time as the exact amount of damages due to the
aggrieved Party from the other Party is determined.
In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports or other material prepared by a Party under this Agreement shall remain property of the
respective Party. The Local Agency shall be entitled to receive any monies that have not yet been expended for
services and supplies.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this agreement 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 agreement and to bind the Local Agency to its terms. The person(s) executing
this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this
agreement.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 11372 Business
Park Circle, Firestone, CO 80504. Said Region Director will also be responsible for coordinating the State's activities
under this agreement 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:
Abra Geissler Elizabeth Relford
CDOT Region 4 County of Weld
11372 Business Park Circle, 1150 O Street PO Box 758
Firestone, Colorado 80504 Greeley, Colorado 80632
303-995-3008 970-400-3748
abra.geissler@state.co.us erelford@weld.gov
Section 16. Successors
Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 17. Third Party Beneficiaries
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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 State and the Local Agency. Nothing contained
in this agreement 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 agreement shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this agreement to the contrary, 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, protection, or other
provisions of the Colorado Govemmental 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 agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the agreement, the terms of this agreement 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 agreement 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 agreement 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
agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the agreement 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 agreement 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
agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that
is properly executed and approved in accordance with applicable law.
Section 24. Disputes
Except as otherwise provided in this agreement, any dispute conceming a question of fact arising under this agreement,
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
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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 agreement, 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
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.
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Routing #: 25-HA4-XC-00189
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
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf
and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
COUNTY OF WELD
Perry Buck
By.
STATE OF COLORADO
Jared S. Pods, GOVERNOR
Colorado Department of Transportation
/—Do`usignedd by::
By. S` tI Aa
Keith Stefa to kT.E,nierEngineer
Title: Chair
(For) Shoshana M. Lew, Executive Director
"—Signed by:
r l/.
Date: 4/23/2025
an ucatira41-
tgnature
4/23/2025
Date:
SECOND LOCAL AGENCY SIGNATURE, IF
NEEDED
COUNTY OF WELD Fos
Esther Gesick
By:
Title: Clerk to the Board
/-Signed by:
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*�tgna�ure
4/23/2025
Date:
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zo2.5-01-15
EXHIBIT A
SCOPE OF WORK
Name of Project: 1-25 Segment 5 (CO56 to CO66) and High Plains Boulevard
Project Number: NHPP 0253-285
SubAccount #: 24309
High Plains Boulevard ("HPB") is a critical parallel arterial route to Interstate 25 ("I-25") between
Johnstown and Mead, CO. This road offers local and regional motorists an alternative multimodal
transportation route to 1-25, relieving congestion on the interstate, and reducing vehicular
emissions, crashes, and offering a slower -speed route. Currently, there is a portion of HPB in the
design -build phase between Weld County Road ("WCR") 32 and WCR 34 being project managed
by the Weld County Engineering Department. Portions of the project are located in unincorporated
Weld County and Mead town limits.
Concurrent with the HPB project, a 6 -mile portion of 1-25 is also being improved between Mead
and Berthoud, known as the 1-25 North, Segment 5 project (Segment 5), a CDOT project. Due to
the Segment 5 and HPB adjacent project limits, much discussion and collaboration has occurred
between the two project teams to identify overlapping scope items and determine who is the most
appropriate party to design and construct them. Through this effort, the Segment 5 team has
acquired drainage and roadway scope that is necessary to build as part of the HPB project. It was
decided by both teams that the CDOT Segment 5 team was better equipped to build this scope
due to the appropriate resources already mobilized to the site due to CDOT Segment 5 active
construction and need to have these scope items in place before the HPB construction is ready
to commence.
Weld County was awarded a $1,000,000.00 Community Development grant for this HPB
improvements. CDOT acknowledges Weld County's request for the FY24 Congressional Direct
Spending (CDS) grant award transfer, and CDOT will accept the transfer pending concurrence
from the USDOT.
The $1,000,000.00 Community Development grant award will be leveraged by local and regional
funding sources to complete the improvements of HPB necessary to tie the Segment 5 and HPB
projects together. The support that CDOT has provided will benefit both projects by constructing
seamless drainage and roadway elements between the two projects. With the recipient transfer
approval, CDOT agrees to be responsible for all FY 24 Community Project grant reimbursements.
In addition to the $1,000,000.00 Community Development grant funds, the Weld County
Commissioners have approved an additional $4,000,000.00 transfer to CDOT for purposes of
supporting the 1-25 project from Mead to Berthoud (CO 66 to CO 56).
This IGA will facilitate a total transfer of $5,000,000.00 from Weld County to CDOT. We look
forward to a strong partnership between USDOT, Weld County, CDOT, and our local communities
to improve safety, provide more reliable multimodal transportation routes, and promote economic
prosperity for all.
Exhibit A - Page 1 of 1
Ct For
Entity Information
Entity Name*
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
@00003413
Contract Name*
CDOT NORTH I-25, SEGMENT 5 AND HIGH PLAINS
BLVD CONTRACT
Contract Status
CTB REVIEW
Contract ID
9216
Contract Lead*
ERELFORD
Contract Lead Email
erelford@weld.gov
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
WELD COUNTY RECEIVED A CONGRESSIONAL DIRECTED SPENDING EARMARK GRANT FOR $1M AND THE
COMMISSIONERS AGREED TO TRANSFER AND ADDITIONAL $4,000,000 TO CDOT TO SUPPORT THE
CONSTRUCTION OF 1-25, SEGMENT 5 AND HIGH PLAINS BLVD. FOR A PROJECT TOTAL OF $5M.
Contract Description 2
BOCC APPROVED COMMITTING $5M TO CDOT DURING A WORK SESSION ON FEBRUARY 3, 2025. COST TO THE
COUNTY IS $4M.
Contract Type*
CONTRACT
Amount*
$5,000,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
PUBLIC WORKS Date* 03/13/2025
03/17/2025
Department Email
CM- Will a work session with BOCC be required?*
PublicWorks@weld.gov HAD
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
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
Review Date*
03/17/2026
Committed Delivery Date
Renewal Date
Expiration Date*
02/03/2035
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 BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/13/2025 03/14/2025 03/14/2025
Final Approval
BOCC Approved Tyler Ref #
AG 031925
BOCC Signed Date Originator
ERELFORD
BOCC Agenda Date
03/19/2025
Hello