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Home My WebLink About20201055.tiffRESOLUTION RE: APPROVE CONTRACT FOR PERFORMANCE OF ACCOUNTING SERVICES FOR STATE HIGHWAY 52 PLANNING AND ENVIRONMENTAL LINKAGES (PEL) STUDY ON BEHALF OF STATE HIGHWAY 52 COALITION 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, the Board has been presented with a Contract for Performance of Accounting Services for the State Highway 52 Planning and Environmental Linkages (PEL) Study, on behalf of the State Highway 52 Coalition, 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 (CDOT), Region 4, commencing upon full execution of signatures, and ending April 18, 2030, 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 Performance of Accounting Services for the State Highway 52 Planning and Environmental Linkages (PEL) Study, on behalf of the State Highway 52 Coalition, 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 (CDOT), 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddeitedv•�. Weld County Clerk to the Board BY: Coun Attorney Date of signature: W /IH /20 Mike Freeman, Chair eno, P .-Tem Steve M Scott . James arbara Kirkmeyer, Kevin D. Ross 2020-1055 EG0078 cc: flw(ER/cH) oq/04/20 Gar, d- r9 3 sic, MEMORANDUM TO: Board of County Commissioners DATE: April 5, 2020 FROM: Elizabeth Relford, Deputy Director SUBJECT: Accounting Services IGA with CDOT- R4 on behalf of the SH 52 Coalition On October 24, 2019, the Board of County Commissioners agreed to provide a local match for the SH 52 Planning and Environmental Linkages (PEL) study and the Access Control Plan (ACP) in the amount of $56,000. Similar to the county's role for the US 85 PEL Study, CDOT requested Weld County to be the fiscal agent for collection of the local match dollars from the participating agencies. Weld County will invoice the communities for their proportional share and remit the money to CDOT upon receiving an invoice from Region 4. The attached contract memorializes this understanding and staff is recommending approval to authorize the Chair's signature. CDOT has contracted the project with Muller Engineering and the study is anticipated to take more than a year to complete. I'm available to answer any questions you may have. 2020-1055 a, 76 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: SH 52 Coalition Local Match Contract between Weld and CDOT DEPARTMENT: Public Works DATE: April 5, 2020 PERSON REQUESTING: Elizabeth Relford, Deputy Director Brief description of the problem/issue: On October 24, 2019, the Board of County Commissioners agreed to provide a local match for the SH 52 Planning and Environmental Linkages (PEL) study and the Access Control Plan (ACP) in the amount of $56,000. Similar to the county's role for the US 85 PEL Study, CDOT requested Weld County to be the fiscal agent for collection of the local match dollars from the participating agencies. Weld County will invoice the communities for their proportional share and remit the money to CDOT upon receiving an invoice from Region 4. The attached contract memorializes this understanding and staff is recommending approval to authorize the Chair's signature. CDOT has contracted the project with Muller Engineering and the study is anticipated to take more than a year to complete. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Allow the contract to be placed on the next available BOCC agenda. • Conduct a work session to discuss further. Recommendation: Staff recommends placing the contract on the next available BOCC agenda. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Schedule Work Session Other/Comments: OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-336-7233 1150O STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 24, 2019 Colorado Department of Transportation Heather Paddock, Regional Transportation Director 10601 West 10th Street Greely, CO, 80634 RE: Weld County Local Match Commitment for the SH-52 PEL and ACP Dear Director Paddock, Weld County is pleased to partner with Colorado Department of Transportation (CDOT) to secure federal funding for the development of a much needed State Highway (SH) 52 Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP). The SH 52 corridor continues to see increased growth and development and is highly used by CDOT as a major oversize/overweight facility for moving freight traffic. Weld County is in agreement the SH 52 PEL study and ACP boundaries should extend from State Highway 119 (SF1- 119) to State Highway 79 (SH-79) and shall include substantial stakeholder involvement from each of the local agencies along the corridor. This letter is intended to serve as a formal commitment to CDOT from Weld County for local match funding in the amount of $56,000 towards the estimated 2.2 million dollar project. Sincerely, BOARD OF COUNTY COMMISSIONERS 9 r t I arb►ara. Kirkmeyer, Chair IG� DocuSign Envelope ID:297BF756-C21F-4850-93AD-1461927C2380 OLA #: 331002126 Routing #: 20-HA4-XC-03051 (Local $CDOTWRK) REGION: 4 (JH) PROJECT: STA 052A-044 (21656) CONTRACT THIS CONTRACT, executed this 1 day of September 2020 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, 1150 O Street, PO Box 758, Greeley, Colorado, 80634, CDOT Vendor #: 0002000135 ("Local Agency"), and the State and the Local Agency together shall be referred to as the "Parties." RECITALS 1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.. 2. 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; 3. 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 4. The Local Agency has funds available and desires to provide 100% of the funding for for their financial commitmen to the Work. 5. 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. 6. 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 SH 52: ACP and PEL SH 119 to SH 79 Study, 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: 1. This Contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This Contract shall be effective upon approval of the CDOT Chief Engineer or designee and shall terminate on April 17, 2030, or is sooner terminated, or unless performance is extended in accordance with this Contract. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. Document Builder Generated Page 1 of 7 Rev. 12/09/2016 OLA #: 331002126 Routing #: 20-HA4-XC-03051 A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. B. The contribution is estimated to be $252,000.00. C. The maximum amount payable by the Local Agency under this contract shall be $252,000.00 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 bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. 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. 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. Document Builder Generated Page 2 of 8 Rev. 12/09/2016 OLA #: 331002126 Routing #: 20-HA4-XC-03051 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: • 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). Document Builder Generated Page 3 of 8 Rev. 12/09/2016 OLA #: 331002126 Routing #: 20-HA4-XC-03051 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 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 Document Builder Generated Page 4 of 8 Rev. 12/09/2016 OLA #: 331002126 Routing #: 20-HA4-XC-03051 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 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, 10601 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: Jake Schuch CDOT Region 4 10601 10th St Greeley, Colorado 80634 970-350-2205 Jake.schuch@state.co.us Section 16. Successors If to the Local Agency: Elizabeth Relford Weld County Government 1150 O Street, PO Box 758 Greeley, Colorado 80634 970-356-4000 erelford@weldgov.com 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. Document Builder Generated Rev. 12/09/2016 Page 5 of 8 OLA #: 331002126 Routing #: 20-HA4-XC-03051 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, 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 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. Document Builder Generated Page 6 of 8 Rev. 12/09/2016 OLA #: 331002126 Routing #: 20-HA4-XC-03051 THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Document Builder Generated Page 7 of 8 Rev. 12/09/2016 DocuSign Envelope ID: 297BF756-C21F-4850-93AD-1461927C2380 OLA #: 331002126 Routing #: 20-HA4-XC-03051 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 By (name): Mike Freeman STATE OF COLORADO Jared S. Polis, GOVERNOR Colorado Department of Transportation By Sftw, itartlsat, Title: Chair, Commissioners Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director 9/1/2020 Date: 11Aiat, FVt l uL,i, *Signature Date: 8/28/2020 2nd The Local Agency Signature [if Needed] By (name): Title: *Signature Date: Document Builder Generated Page 7 of 7 Rev. 12/09/2016 EXHIBIT A - SCOPE OF WORK The Colorado Department of Transportation (CDOT) is preparing a Planning and Environmental Linkages study and Access Control Plan on SH-52 between SH-119 in Boulder County and SH-79 in Weld County. The local agencies along the corridor have recognized the benefit of this corridor -wide study and have agreed to partner with CDOT to fund the project. The total cost of the project is estimated to be approximately $2.3M. CDOT has retained Muller Engineering to perform this study. CDOT anticipates the consultant will begin work by January 31, 2020. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A - Page 1 of 1 1rwwYr•h•MnwwN.NNNM'M+• ns{N to, x f e pa rtrn 2525 13th Street, Suite 203 a Boulder, Colorado 80304 e Tel: 303.441.3900 ® Fax: 303.441.4594 Mailing Address: P.O. Box 471 ® Boulder, Colorado 80306 0 www.bouldercounty.org November 5, 2019 Colorado Department of Transportation 10601 West 10th Street Greely, CO, 80634 ws�u.�rY'V'!w.F.w}Vnl'rt.H9.'AWM1\IN1q.TWn..4''Y1Yp.YY.Yt%Y'M^�YYIMrYWN4NWY!M.'gMY.�u:1: YrNY.:IW.MtI!'+RIn1w ir! RE: Boulder County Funding Commitment for the SH-52 PEL and ACP Dear Director Paddock, The Colorado Department of Transportation (CDOT) is seeking partnerships from local agencies to support the development of the Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP) along the SH-52 corridor. The PEL study and ACP reach from State Highway 119 (SH-119) to State Highway 79 (SH-79) and will include substantial stakeholder involvement from each of the local agencies within the corridor. Weld County worked with CDOT to apply for and secure federal funding for this project. Indications from FHWA are that the SH-52 PEL and ACP project has been selected for near - future funding. With that good news in hand, Weld County and CDOT are now seeking to secure the required local match from participating local agencies. This letter is intended to serve as a formal commitment from Boulder County for financial participation in the project. The 41 -mile corridor study, including both the PEL and ACP, is estimated to cost $2.2 million. To support this effort, Boulder County hereby commits to providing $28,000. Sincerely, 9 f F� 7 (./ Jeffery A. Maxwell, P.E.F/ TOE Director Boulder County Transportation Deb Gardner County Commissioner Elbe Jones County Commissioner Matt Jones County Commissioner October 28, 2019 Colorado Department of Transportation 10601 West 10th Street Greely, CO, 80634 RE: City of Dacono Funding Commitment for the SH-52 PEL and ACP Dear Director Paddock, The Colorado Department of Transportation (CDOT) is seeking partnerships from local agencies to supaort the development of the Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP) along the Si 1-52 corridor. The PEL study and ACP reach from State Highway 119 (SH-119) to State Highway 79 (SH-79) anc will include substantial stakeholder involvement from each of the local agencies within the corridor. Weld County worked with CDOT to apply for and secure federal funding for this project. Indications from FHWA are that the SH-52 PEL and ACP 3ro_ject has been selected for near -future funding. With that good news in hand, Weld County and CDOT are now seeking to secure the requirec local match from participating local agencies. This letter is intended to serve as a formal commitment from the City of Dacono for financial participation in the project. The 41 -mile corridor study, including both the PEL and ACP, is estimated to cost $2.2 million. To support this effort, the City of Dacono hereby commits to providing $28,000. Sincerely, Cam. Kevin Plain Mayor Pro -Tern 512 Cherry Street, Daxwrge, C&oracle 80514 • (303) 833 2317 (303)833-5528 fax 0 mini eddtyo tcorw.mm i wS 74 December 13, 2019 Colorado Department of Transportation 10601 West 10th Street Greeley, CO, 80634 RE: Town of Erie Funding Cormnitme' ..t for the H-52 PEL and ACP Malcolm Fleming Town Administrator Town of Erie 645 Holbrook P. O. Box 750 Erie, CO 80516 RECEIVED DEC 1 7 Dear Director Paddock, The Colorado Department of Transportation (CDOT) is seeking partnerships from local agencies to support the development of the Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP) along the SW -52 corridor. The PEI, study and ACP reach from State Highway 119 (S -119) to State Highway 79 (SW79) and will include substantial stakeholder involvement from each of the local agencies within the corridor. Weld County worked with CDOT to apply for and secure federal funding for this project. Indications from ESA. are that the SH-52 PEI , and ACP project has been selected for near -future funding. With that good news in hand, Weld County and CDOT are now seeking to secure the required local match from participating local agencies. This letter is intended to serve as a formal commitment from the Town of Erie for financial participation in the project. The 41 -mile corridor study, including both the PEL and ACP, is estimated to cost $2.2 million. To support this effort, the Town of Erie hereby commits to providing $28,000. Sincerely, Malcolm Fleming Town Administrator Town of Erie • € g Colorado o Fk & Rot Box. • 750 Erie, C J1 ie (.3 Y 2700 x Fax l 3: Q' 2 7 U S CITY OF 21 October 2019 Colorado Department of Transportation 10601 West 10th Street Greeley, CO, 80634 RE: City of Fort Lupton Funding Coif Dear Director Paddock, Mayor Zo rtieber 130 Si. McKinley Avenue Phone: 303.857.6694 Fort Lupton, CO 80621 Fax: 303.857.0351 www.fortluptonco.gov mitment for the SH-52 PEL and ACP The Colorado Department of Transportation (CDOT) is seeking partnerships from local agencies to support the development of the Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP) along the SCI -52 corridor. The PEL study and ACP reach from State Highway 119 (SH-119) to State Highway 79 (SH-79) and will include substantial stakeholder involvement from each of the local agencies within the corridor. Weld County worked with CDOT to apply for and secure federal funding for this project. Indications from FHWA are that the SH-52 PEL -and ACP project has been selected for near - future funding. With that good news in hand, Weld County and CDOT are now seeking to secure the required local match from participating local agencies. This letter is intended to serve as a formal commitment from the City Council of the City of Fort Lupton for financial participation in the project. The 41 -mile corridor study, including both the PEL and ACP, is estimated to cost $2.2 million_ To support this effort, The City of Fort Lupton hereby commits to providing $28,000 to be remitted in calendar year 2020. Sincerely, 14, r asp+ r ;J^� At jt ./ October 1, 2019 401 Locust Street & PBox 435 * Frederick, C-!'3 80530-0435 Phone: (720) 382-5500 @ Fax; (720) 382-5520 www.frederickco.gov Colorado Department of Transportation 10601 West 10th Street Greely, CO 80634 RE: Town of Frederick Funding Commitment for the SH-52 PEL and ACP Dear Director Paddock, The Colorado Department of Transportation (CDOT) is seeking partnerships from local agencies to support tie development of the Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP) along the SH-52 corridor. The PEL study and ACP reach from State Highway 119 (SH-119) to State Highway 79 (SH-79) and will include substantial stakeholder involvement from each of the local agencies within the corridor. Weld County worked with CDOT to apply for and secure federal funding for this project. Indications from the Federal Highway Administration (FHWA) are that the 511-52 PEL and ACP project has been selected for near -future funding. With that good news in hand, Weld County and CDOT are now seeking to secure the required local match from participating local agencies. This letter is intended to serve as a formal commitment from the Town of Frederick for financial participation in the project. The 41 -mile corridor study, including both the PET and ACP, is estimated to cost $2.2 million. To support this effort, the Town of Frederick hereby commits to providing $28,000.' �l Sincere i E V Tony Carey Mayor Town of Frederick catcoauX ilt t Matt rs TOW: 5 4 South :leech Street, P.Box 351, C Ph e (303)53.ti9311 F J A (313)5364753 December 12, 2019 Heather Paddock, PE Region 4 Director Colorado Department of Transportation 10601 10th Street Greeley, CO 80634 Ms. Paddock This communication is to confirm that the Town of Hudson has approved $28,000 in its 2020 budget for participation in the SH-52 PEL and ACP. Please do not hesitate to contact me if necessary. Guy Patterson, MPA Hudson Town Manager. 140 South Mann Street PO Box 312 Keenesburg, CO 80643 December 13, 2019 Colorado Department of Transportation 10601 West 10th Street Greety, CO, 80634 Phone: 303.732.4281 Fax: 303.732.0599 townofkeene@rtebb.net RE: Town of Keenesburg Funding Commitment for the SH-52 PEL and ACP Dear Director Paddock, The Colorado Department of Transportation (CDOT) is seeking partnerships from Local agencies to support the development of the Planning and Environmental Linkages (PEL) study and Access Control Plan (ACP) along the SH-52 corridor. The PEL study and ACP reach from State Highway 119 (SH-119) to State Highway 79 (SH-79) and wilt include substantial stakeholder involvement from each of the local agencies within the corridor. Weld County worked with CDOT to apply for and secure federal funding for this project. Indications from FHWA are that the SH-52 PEL and ACP project has been selected for near -future funding. With that good news in hand, Weld County and CDOT are now seeking to secure the required local match from participating local agencies. This letter is intended to serve as a formal commitment from Town of Keenesburg for financial participation in the project. The 41 -mite corridor study, including both the PEL and ACP, is estimated to cost $2.2 million. To support this effort, Town of Keenesburg hereby commits to providing $28,000. Sincerely, Kenneth L. Gfelter Mayor Town of Keenesburg TOWN OF KEENESBURG FOUNDED JULY 1906 A MUNICIPAL CORPORATION SINCE JULY 1919 Contract Form New Contract Request Entity Information Entity Name* COLORADO DEPARTMENT OF TRANSPORTATION Entity ID* @00003413 ❑ New Entity? Contract Name* Contract ID WELD COUNTY CONTRIBUTION FOR THEIR PORTION OF 3519 COST FOR SH 52 ACP & PEL Contract Status CTB REVIEW Contract Lead* ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* CONTRACT BETWEEN THE STATE OF COLORADO, FOR THE USE AND BENEFIT OF CDOT, AND WELD COUNTY FOR A STATE. HIGHWAY 52 ACCESS CONTROL PLAN (ACP) AND PLANNING AND ENVIRONMENTAL LINKAGES (PEL) STUDY. WELD COUNTY WILL OVERSEE THE COSTS Contract Description 2 OF THE PROJECT AND INVOICE AND RECEIVE PAYMENT FROM LOCAL DESIGNATED AGENENCIES, REQUIRING WELD COUNTY A COST OF $56,000 OF THE $252.000 TOTAL. Contract Type CONTRACT Amount* $56000.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD. CO. US Requested BOCC Agenda Date* 04/08/2020 Due Date 04/04/2020 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 04/08/2020 Termination Notice Period Review Date* 02/01/2030 Renewal Date Committed Delivery Date Expiration Date* 0411612030 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 04/06/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/08/2020 Originator SSWANSON Purchasing Approved Date Finance Approver CHRIS D'OVIDIO Finance Approved Date 04/©6/2020 Tyler Ref AG 040820 Legal Counsel BOB CHOATE Legal Counsel Approved Date 04/0612020 Submit Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Esther Gesick Friday, August 28, 2020 11:22 AM Elizabeth Relford; Stacey Swanson CTB; BOCC Contracts; Bob Choate RE: SH 52 PEL contract in On Base 20201055.pdf Overall recap: 1. The new DocuSign replacemen has beenforwarded to he hair with an explanation that it will e swapped with and replace the blue -ink version in Tyler [#2020-1055, Contract ID #3519 - attached]. Stacey does not have permissions in OnBase to do this since it is in the CTB queue, so Cheryl will take care of it. 2. We've received all of the supplemental letters from Elizabeth to explain the difference in amounts, er Bob's earlier review, and they will be uploaded, along with the newly e -signed Contract. — DON G ),028 7-0 3. Contract ID #4071 was an inadvertent duplicate resulting from my initial confusion that this was a new item, so Stacey — if you haven't already done so, that can be removed from the OnBase workflow. I think we're back on the rails — Thanks everyone! Esther E. Gesick Clerk to the Board 1150 O Street(P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, August 28, 2020 10:52 AM To: Stacey Swanson <sswanson@weldgov.com>; CTB <CTB@co.weld.co.us>; BOCC Contracts <BOCC- Contracts@co.weld.co.us> Subject: RE: SH 52 PEL contract in On Base Okay, Stacey, I'll let Esther respond then. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 From: Stacey Swanson <sswanson@weldgov.com> Sent: Friday, August 28, 2020 10:48 AM To: Cheryl Hoffman <choffman@weldgov.com>; CTB <CTB@co.weld.co.us>; BOCC Contracts <BOCC- Contracts@co.weld.co.us> Subject: RE: SH 52 PEL contract in On Base Elizabeth emailed it yesterday to Esther and BOCC Contracts, It's a docusign document. Stacey Swanson Budget and Finance Manager Public Works Department 1111 H. Street I P.O. Box 758 I Greeley, CO 80632 sswanson@weldgov.com Desk 970.400.3726 Fax 970.304.6497 Cell 970.673.5849 From: Cheryl Hoffman <choffman@weldgov.com> Sent: Friday, August 28, 2020 10:37 AM To: Stacey Swanson <sswanson@weldgov.com>; CTB <CTB@co.weld.co.us>; BOCC Contracts <BOCC- Contracts@co.weld.co.us> Subject: RE: SH 52 PEL contract in On Base Stacey, #3519 is a CTB Temp document which means CTB has not received a fully executed copy yet. Please send us the fully executed document, we'll finalize in Tyler and OnBase for you. Is that sufficient? Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Stacey Swanson <sswanson@weldgov.com> Sent: Friday, August 28, 2020 10:22 AM To: CTB <CTB@co.weld.co.us>; BOCC Contracts <BOCC-Contracts@co.weld.co.us> Subject: FW: SH 52 PEL contract in On Base Ladies, Am I able to upload the new contract to On Base #3519? I am unsure how to do that. Stacey Swanson Budget and Finance Manager Public Works Department 1111 H. Street I P.O. Box 758 I Greeley, CO 80632 sswanson@weldgov.com Desk 970.400.3726 Fax 970.304.6497 Cell 970.673.5849 2 From: Elizabeth Relford <erelford@weldgov.com> Sent: Friday, August 28, 2020 10:17 AM To: Stacey Swanson <sswanson@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jay McDonald <imcdonald@weldgov.com>; Curtis Hall <chall@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com> Cc: CTB <CTB@co.weld.co.us>; BOCC Contracts <BOCC-Contracts@co.weld.co.us> Subject: RE: SH 52 PEL contract in On Base Stacey, This is not what I requested. I asked you to replace the new electronic IGA with IGA attached to Contract ID#3519. This contract has already gone to the Board. I just need CTB to execute the electronic format. I will be deleting contract ID #4071 so no approvals are needed at time. Thanks, Elizabeth From: Stacey Swanson <sswanson@weldgov.com> Sent: Friday, August 28, 2020 9:47 AM To: Bob Choate <bchoate@weldgov.com>; Jay McDonald <imcdonald@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Curtis Hall <chall@weldgov.com>; Chris D'Ovidio <cdovidio@weldgov.com> Cc: CTB <CTB@co.weld.co.us>; BOCC Contracts <BOCC-Contracts@co.weld.co.us> Subject: SH 52 PEL contract in On Base Contract #4071 in On Base needs approvals for next Wednesday's agenda, Sept 2nd. This is an IGA with CDOT for Weld and other entities to provide local match for the SH52 PEL and ACP. Our share is $56,000 and we will be the fiscal agent for the grant contract, then pay CDOT. Currently in Que 1. Legal Stacey Swanson Budget and Finance Manager Public Works Department 1111 H. Street I P.O. Box 758 I Greeley, CO 80632 sswanson@weldgov.com Desk 970.400.3726 Fax 970.304.6497 Cell 970.673.5849 3 Hello