HomeMy WebLinkAbout20211137.tiffRESOLUTION
RE: APPROVE CONTRACT FOR INTERSTATE 76 AND COUNTY ROAD 8 INTERCHANGE
REVIEW 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 a Contract for the Interstate 76 and
County Road 8 Interchange Review Project, through the 1601 Interchange Process, 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, 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 Contract for the Interstate 76 and County Road 8 Interchange
Review Project, through the 1601 Interchange Process, 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 sign and submit said contract electronically.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddethA) .JiCLto•
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
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Date of signature: Oti/A9/2I
Steve Mno, Ch_'
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Perry L. uck
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2021-1137
EG0079
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CDOT INITIAL [GA — I-76/WCR 8 Grade Separation 1601 Process
DEPARTMENT: Public Works
PERSON REQUESTING: Elizabeth Relford, Deputy Director
DATE: April 19, 2021
Brief description of the problem/issue:
Per the Colorado Transportation Commission's 1601 Policy Directive, CDOT requires requests for new
interchanges and major improvements to existing interchanges be reviewed and evaluated in order to make an
informed decision. In addition, the procedural directive requires the development of an initial
intergovernmental agreement (IGA) that identifies the procedure, timing, and cost expectations for a grade
separation proposal. Weld County is serving as the local government applicant on behalf of Burlington Northern
Santa Fe (BNSF) Railroad for the 1601 interchange process at 1-76 and WCR 8.
This initial IGA establishes the responsibilities of CDOT and Weld County in the 1601 process and serves as a
reimbursement agreement for CDOT review of the application/engineering materials and documents, which is
estimated to cost $15,000. Weld County has already entered into a billable agreement with BNSF for this same
amount.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Agree the IGA and place it on the next available BOCC agenda.
• Request a work session to discuss.
Recommendation:
Staff recommends the BOCC place the IGA on the next available BOCC agenda for authorization of the Chair's
signature.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
rAcis
2021-1137
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Routing #: 21-HA4-XC-00080
(Local $CDOTWRK) REGION: 4 (DZ)
PROJECT: CC 0761-243 (24358)
CONTRACT
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THIS CONTRACT, executed this day of Apr; I , QO9I by and between the State of Colorado, for
the use and benefit of the Colorado Department of Transportation ("State" or "CDOT") and WELD COUNTY
GOVERNMENT, 1111 H Street, PO Box 758, Greeley, Colorado, 80632-0758, 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 in Fund Number
MTF OR 400, GL Acct. 4511000010.
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. §§24-75-2l9 (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 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 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 the I-76 & WCR 8 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.
Section 3. Tern
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This Contract shall be effective upon approval of the CDOT Chief Engineer or designee and shall terminate on April
12, 2031, or sooner Wally of the State's funding expires, or is sooner terminated or unless performance is extended in
accordance with this Contract.
Section 4. Project Finding Provisions
A. The Local Agency has estimated the total cost ofthe 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 $15,000.00.
C. The maximum amount payable by the Local Agency under this contract shall be $15,000.00 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 agreement.
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 fill 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 Stale 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 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.
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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 tie 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
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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 agreement 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
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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 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 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, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this agreement, the State shall thereupon have the right to terminate this agreement 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 agreement 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 agreement 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 agreement had been terminated for convenience, as
described herein.
Section 14. Legal Aubority
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, 10601 W 10th
St., Greeley. CO 80634. 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:
Richard Christy
CDOT Region 4
10601 W 10th St.
Greeley, Colorado 80634
970-350-2144
Richard.Christy@state.co.us
If to the Local Agency:
Elizabeth Relford
WELD COUNTY GOVERNMENT
1111 H Street, PO Box 758
Greeley, Colorado 80632-0758
970-400-3748
erelford@weldgov.com
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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
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 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, Is 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. Severabiity
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
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Except as otherwise provided in this agreement, any dispute concerning 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
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 except where noted in italics.
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(2.6), 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.
Financial obligations of the State payable after the current State 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 State, 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
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Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the
State 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 zonstnued 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 shal not employ any person having such known interests.
J. Vendor Offset and Erroneous Payments §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i)
unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other
charges specified in §§39-21-101, el seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund;
and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The
State may also recover, at the State's discretion, payments made to Contractor in error for any reason, including,
but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor
by deduction from subsequent payments under this Contract, deduction from any payment due under any other
contracts, grants or agreements between the State and Contractor, or by any other appropriate method for
collecting debts owed to the State.
K. Public Contracts for Services §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services
or fund management services, sponsored projects, intergovernmental agreements, or information technology
services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ
or contract with an illegal alien who will perform work under this Contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under this
Contract, through participation in the E -Verify Program or the State verification program established pursuant to
§8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the
Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.
Contractor (i) shall not use E -Verify Program or the program procedures of the Colorado Department of Labor
and Employment ("Department Program") to undertake pre -employment screening of job applicants while this
Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of
higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice,
and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-
17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or
political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department program. If
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Routing #: 21-HA4-XC-00080
Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting
State agency, institution of higher education or political subdivision may terminate this Contract for breach and,
if so terminated, Contractor shall be liable for damages.
L. Public Contracts with Natural Persons §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Contractor (1) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
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DocuSign Envelope ID: AA138F4E-385C-40BF-8FD5-7CF63FCA00A5
OLA #: 331002438
Routing #: 21-HA4-XC-00080
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
WELD COUNTY GOVERNMENT
Steve Moreno
By:
By:
STATE OF COLORADO
Jared S. Polis, GOVERNOR
Colorado Department of Transportation
by:
Slum-
am- A-artistu,
Title: Chair, Commissioners
Date:
Aso oBoi HaBa
Stephen relson, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
5/8/2021
DoccuSSign�ed. by:
["D,^'""'b
E04467D642AE4A7*Slgnature
5/6/2021
Date:
2nd The Local Agency Signature [if Needed]
By:
Title:
*Signature
Date:
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Rev. 05/07/2020
Page 10 of 10
Exhibit A
Scope of Work
I-76/WCR 8 Interchange
Project CC 0761-243 (24358)
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 Burlington Northern Santa Fe
Railroad (BNSF) for the 1601 interchange process on the I-76 & WCR 8 Interchange Review.
BNSF, in conjunction with Weld County, would like to seek approval for a future new highway
interchange to be located at Interstate 76 and County Road 8 in Weld County. This new highway
interchange will provide the needed access to the proposed BNSF Denver Logistics Park and
Intermodal Facility, which are anticipated to open in 2028 in Weld County, between the towns of
Lochbuie and Hudson. This proposed interchange will provide other important benefits including,
but not limited to, reducing future traffic burdens and congestion on adjacent highway interchanges,
improving access to local roads, and enhancing traffic safety.
This initial Intergovernmental Agreement (IGA), as required by Procedural Directive 1601.1,
establishes responsbilities 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 1 at
the pre -application meeting held on October 28, 2020.
• Anticipated administrative and application costs — Weld County Contribution not to exceed
$15,000.00
• Anticipated analytical procedures, identification of existing applicable studies — Weld County
in coordination win BNSF and BNSF's consultant will be the responsible party in
coordination with CDOT.
• Anticipated level of design detail — Weld County in coordination with BNSF and BNSF's
consultant will be the responsible party in coordination with CDOT.
• Anticipated schedule — Weld County in coordination with BNSF and BNSF's consultant will
develop and maintain the project schedule with milestones. The anticipated time -frame 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 BNSF
and BNSF's consultant will be the responsible party in coordination with CDOT.
• Access Permitting Requirements — CDOT will establish the access permitting requirements.
EXHIBIT A — PAGE 1 OF 1
DocuSign Envelope ID: AA138F4E-385C-40BF-8FD5-7CF63FCA00A5
Exhibit B
Local Agency Resolution
RESOLUTION
RE: APPROVE CONTRACT FOR INTERSTATE 76 AND COUNTY ROAD 8 INTERCHANGE
REVIEW 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 a Contract for the Interstate 76 and
County Road 8 Interchange Review Project, through the 1601 Interchange Process, 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, 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 Contract for the Interstate 76 and County Road 8 Interchange
Review Project, through the 1601 Interchange Process, 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 sign and submit said contract electronically,
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of April, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
eaveSAA
Weld County Clerk to the Board
BY;
Deputy Clerk to the Boa
APPRQ D AS -1-
..K
County t‘.orney
Date of signature: O-i bn/21
Steve M
no, Chair
Perry L. uck
fl
Lori ' a i -`-
2021-1137
EG0079
Exhibit B -- Page 1 of 1
New Contract Request
Entity Information
Entity Name*
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
g'00003413
Contract Name *
CDOT 1601 IG.A - i-76: WCR 8 GRADE SEPARATION
Contract Status
CTB REVIEW
Li New Entity?
Contract ID
4718
Contract Lead *
ERELFORD
Contract Lead Email
erelfordt�co.weld.co,us
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description *
WELD COUNTY IS THE LOCAL GOVERNMENT APPLICANT FOR THE 1 601 INTERCHANGE PROCESS ON BEHALF OF BURLINGTON
NORTHERN SANTE FE (.BNSF) RAILROAD. THIS IGA IS TO COMPENSATE CDOT FOR THEIR REVIEW TIME OF THE DOCUMENTS
REQUIRED FOR THE 1601 PROCESS.
Contract Description 2
WELD COUNTY HAS ALREADY ENTERED INTO A BILLABLE AGREEMENT WITH BNSF TO COVER THE COST ASSOCIATED WITH
THIS IGA.
Contract Type*
AGREEMENT
Amount'*
S15,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
YES
Department
PUBLIC WORKS
Department Email
CM-
Public'rlWorksweldgo:r.com
Department Head Email
CM-PublicWorks-
DeptHead=aweld jov.com
County Attorney
BOB CHOATE
County Attorney Email
BC HOATECO.W ELD. CO. U S
IGA Deadline Date
Requested BOCC Agenda
Date
04 28 2021
Due Date
04 24 2021
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
Review Date *
04.28 202 ?
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Contact Type Contact Email
Expiration Date
04;28:2022
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
04 26 '2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04 28 2021
Originator
ERELFORO
Finance Approver
BARB C.ONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
04x27;2021 04 27 2021
Tyler Ref #
AG 042821
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