COUNCIL COMMUNICATION Meeting Date:

April 28, 2020 Agenda Item:

10C Agenda Location:

Consent Calendar Goal(s):

Legal Review:

LAC 1st Reading 2nd Reading

Subject: A resolution approving an Intergovernmental Agreement between Adams County and the City regarding the 144th Avenue Concrete Box Culvert Extension. Recommended by: Brett Henry BEH Approved by: Kevin S. Woods KW Presenter(s): Grant Bloom, Senior Civil Engineer

Ordinance previously introduced by:

SYNOPSIS: The Intergovernmental Agreement (IGA) between Adams County (ADCO) and the City will assign responsibilities for the design, construction, and future maintenance of the 144th Avenue Concrete Box Culvert Extension (Project). The Project will be constructed to City standards and specifications as part of the overall 144th Avenue widening project. The City will execute a change order to the existing low bid contractor of the widening project for the additional work. The City will execute and administer the contract for construction in conformance to its policies and procedures. The City will additionally coordinate with the contractor and complete any warranty work needed. RECOMMENDATION: Staff recommends Alternative No. 1, approve the IGA to allow for the Project to be funded by ADCO and constructed by the City. BUDGET/STAFF IMPLICATIONS: ADCO is funding 100 percent of the Project. The City will be involved in project execution, contract administration, and construction oversight. ALTERNATIVES: 1. Approve the IGA, which will allow ADCO to fund and the City to construct the Project with the 144th

widening project which began construction in March 2020. 2. Do not approve the IGA, which may result in ADCO cancelling the Project. Constructing a sidewalk

on the south side of 144th Avenue in the future by either ADCO or the City will be cost prohibitive as a large portion of the newly constructed Concrete Box Culvert (CBC) would need to be demolished and reconstructed.

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) Construction for the 144th Avenue widening project from Washington Street to York Street began in March. The current design includes constructing a sidewalk along the north side of 144th Avenue from Washington Street to York Street, but does not include a sidewalk adjacent to an unincorporated enclave of ADCO along the south side of 144th Avenue. The proposed Project will extend the CBC to construct a 10 foot sidewalk over the CBC at the Big Dry Creek crossing on the south side of 144th Avenue. This will allow ADCO to more economically construct a sidewalk along the south side of 144th

COUNCIL COMMUNICATION PAGE 2 in the future. If the CBC is not extended at this time, a substantial portion of the CBC including headwalls, wing walls, and a large concrete forebay would need to be demolished and reconstructed in order to construct a sidewalk along the south side of 144th Avenue at the Big Dry Creek crossing which would be extremely costly. The Project has the potential to serve both City and ADCO residents if/when ADCO constructs a sidewalk in the future and will improve pedestrian access in the area. While ADCO is funding this portion of the construction, ownership and maintenance responsibility will remain with the City because the entirety of the CBC extension is in City right-of-way.

R E S O L U T I O N A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ADAMS COUNTY AND THE CITY REGARDING THE 144TH AVENUE CONCRETE BOX CULVERT EXTENSION. WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution and Sections 29-1-201, et seq., and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and

WHEREAS, the City is undertaking a project to widen 144th Avenue from Washington Street to York Street during 2020 and 2021 (Project); and

WHEREAS, a portion of 144th Avenue between Washington Street and York Street is adjacent to an unincorporated enclave of Adams County; and

WHEREAS, the improvements associated with the Project will be constructed within right-of-way that is owned by the City, as depicted in Attachment 1 attached hereto; and

WHEREAS, Adams County and the City desire to extend its planned box culvert, as depicted in Attachment 1, to accommodate and include a sidewalk to be constructed by the City over the Big Dry Creek drainage crossing (box culvert), which sidewalk will be adjacent to the roadway on one side and fronting unincorporated Adams County on the other side (Extension) at the expense of Adams County; and

WHEREAS, the City and Adams County acknowledge and agree that the sidewalk

constructed by the City, as part of the Extension, will not extend beyond the box culvert and any connecting sidewalk will be the responsibility of Adams County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. That the Intergovernmental Agreement (IGA) between the City and Adams County pertaining to the Project, a copy of which is attached hereto as Attachment 2 and incorporated herein by this reference, is hereby approved.

2. That the City Manager is hereby authorized to execute, and the City Clerk

to attest, the IGA in substantially the same form as attached hereto and any amendments thereto to the extent that such amendments are consistent with the purposes of this resolution and do not modify any material terms of the IGA.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on , 2020. CITY OF THORNTON, COLORADO Jan Kulmann, Mayor ATTEST: Kristen N. Rosenbaum, City Clerk

ATTACHMENT 1

ATTACHMENT 2

INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON AND ADAMS COUNTY FOR 144th AVENUE CONCRETE BOX

CULVERT EXTENSION REIMBURSEMENT

This INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this ___ day of ____________, 2020 by and between the City of Thornton located at 9500 Civic Center Drive, Thornton, CO 80229 ("Thornton") and Adams County located at 4430 S. Adams County Parkway, Brighton, CO 80601 ("Adams County"). Thornton and Adams County may be referred to individually as a "Party" or collectively as the “Parties."

WITNESSETH

WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution and Sections 29-1-201, et seq., and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and

WHEREAS, Thornton is undertaking a project to widen 144th Avenue from Washington Street to York Street during 2020 and 2021 (the "Project"); and

WHEREAS, a portion of 144th Avenue between Washington Street and York Street is adjacent to an unincorporated enclave of Adams County; and

WHEREAS, the improvements associated with the Project will be constructed within right-of-way that is owned by Thornton, as depicted in Exhibit A attached hereto; and

WHEREAS, Adams County desires and Thornton is willing to extend its planned box culvert as depicted in Exhibit A to accommodate and include a sidewalk to be constructed by Thornton over the Big Dry Creek drainage crossing (box culvert), which sidewalk will be adjacent to the roadway on one side and fronting unincorporated Adams County on the other side (the "Extension") at the expense of Adams County; and

WHEREAS, the Parties acknowledge and agree that the sidewalk constructed by

Thornton as part of the Extension will not extend beyond the box culvert and any connecting sidewalk will be the responsibility of Adams County.

NOW THEREFORE in consideration of the promises and conditions contained herein, the Parties hereto agree as follows: 1. Thornton will develop the contract documents for the construction of the Project. The

Parties agree that the Project shall be designed and constructed in accordance with Thornton standards and specifications. Thornton will execute a change order to the

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existing low-bid contractor of the Project for the Extension work. Thornton will execute and administer the contract for construction of the Project, including the Extension, in conformance with its policies and procedures. Thornton will additionally coordinate with the contractor and complete any warranty work needed that affects the Extension.

2. The Parties estimate that the cost of construction of the Extension will be approximately two hundred eight thousand eight hundred and fifty-nine dollars and twenty-five cents ($208,859.25) as provided in Exhibit B attached hereto. At the completion of the Project, Thornton shall invoice Adams County for the actual construction costs of the Extension, which shall be payable to Thornton no later than 30 days after approved invoice has been submitted.

3. Thornton and Adams County shall each designate a Project Manager who shall coordinate with one another as necessary with respect to the Extension.

4. This Agreement shall terminate upon the expiration of the Project warranties

associated with the contract documents. 5. Thornton shall own and maintain the Extension improvements as they will be

constructed within the City’s right-of-way.

6. Each Party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions.

7. This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors and assigns.

8. Any notice required by this Agreement shall be in writing and shall be deemed to have

been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth above, or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States mail.

9. This Agreement represents the entire Agreement among the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties.

10. This Agreement may be terminated in writing by the Parties, but only if there are no contingent, outstanding contracts for construction.

11. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Adams, State of Colorado.

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12. If any article, section, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid for any reason, such holding shall not affect the validity, enforceability or constitutionality of the remaining provisions of this Agreement.

13. A waiver by any Party of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party.

14. The Parties acknowledge that each Party, their officers and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time amended, or otherwise available to the Parties, their officers, or employees.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the date first above written.

ADAMS COUNTY COMMISSIONERS Name: Its:

ATTEST: Clerk and Recorder APPROVED AS TO FORM: County Attorney

CITY OF THORNTON, COLORADO a Colorado home rule municipal corporation Kevin S. Woods, City Manager

ATTEST: Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A. Corchado, City Attorney