TC Res. No. 2002-09TOWN OF AVON
RESOLUTION NO. 02-09
SERIES OF 2002
A RESOLUTION AUTHORIZING A CONTRACT
WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION RELATING TO THE
MAINTENANCE OF PROPOSED ROUNDABOUTS
AT POST BOULEVARD AND 1=70 INTERCHANGE
IN THE TOWN OF AVON
WHEREAS, the Colorado Department of.Transportation (CDOT) has approved
project CC 0702-237 for the construction of a new Interchange with roundabout
intersections at Post Boulevard and 1-70 in the Town of Avon, Colorado; and
WHEREAS, CDOT desires that, upon completion of the construction of the
roundabout intersections that the Town of Avon (Town) assume responsibility.for
maintenance of certain portions of the roundabout intersections; and
WHEREAS, the Town is willing to assume responsibility for its portion of the
maintenance of the roundabout intersections; and
WHEREAS, the Town is authorized pursuant to Chapter XVI of the Home Rule
Charter of the Town of Avon, Colorado, by 2/3 vote of the entire council, to enter into
contracts with other governmental units for the joint use of facilities and furnishing or
receiving services of public benefit.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the attached Contract (Exhibit A) with CDOT
regarding maintenance of a proposed roundabout intersection at Post Boulevard and
State Highway 6 is hereby approved pursuant to Chapter XVI of the Home Rule Charter
of the Town of Avon, Colorado.
ADOPTED THIS - oQJ DAY OF FEBRUARY, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Addy Yo r, yor
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Town Clerk
Post Boulevard at I-70 Interchange
Town of Avon/Region 3 (NSO)
02 HA3 00035
CMS ID: 02-182.
CONTRACT
THIS. CONTRACT, made this Z day of 20b2i by and between the
State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the State or CDOT, and TOWN OF AVON,
COLORADO, PO Box 975, Avon, Colorado 81620, FEIN: 84771088, hereinafter referred to as "the
Local Agency" or "the town",
WHEREAS, pursuant to 1989 CDOT procedural directive 1601.0, a new interchange, the
Nottingham Interchange, has been approved under project CC 0702-237. As part of this project, the
Local Agency anticipates construction of an Roundabout intersections at Post Boulevard and I-70
Interchange in the Town of Avon, Colorado, hereinafter referred to as"the Project % and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the new Roundabout intersection falls within the jurisdiction of the Town; and
WHEREAS, CDOT desires that, upon completion of the construction of the project, that
the Town annex the new Roundabout intersection and assume responsibility for maintenance of
certain portions of the Roundabout intersection as outlined herein; and
WHEREAS, CDOT will, upon completion of the construction of the project, also assume
responsibility for maintenance of certain portions of the Roundabout intersections, as outlined
herein; and
WHEREAS, upon completion of the construction of the project, the Town is willing to
assume responsibility for its portion of the maintenance, subject to the provision described
above; and
WHEREAS, this contract is executed by the State under authority of Sections 43-1-106,
43-1-110, 43-1-201 et seq., 43-2-102 and 43-2-144 C.R.S., as amended; and
WHEREAS, this contract is executed by the Town under the authority of an appropriate
ordinance or resolution duly passed and adopted by the authorized representatives of the Town,
which also establishes the authority under which the Town enters into this contract and is
attached hereto and made a part hereof; and
WHEREAS, the Town is adequately staffed and suitably equipped to undertake and
satisfactorily carry out its responsibilities under this contract; and
NOW, THEREFORE, it is hereby agreed that:
I. PROJECT DESCRIPTION
"The Work" under this contract shall consist of the maintenance responsibility/activities
for a newly constructed Roundabout intersections at Post Boulevard and I-70 Interchange
in Avon, Colorado, as further described in Exhibit A, which is attached hereto and made a
part hereof. The newly constructed Roundabout intersections, which is the subject of this
maintenance agreement, is located within the Town's jurisdiction.
Ii. CDOT COMMITMENTS
A. The State will provide liaison with the City through the State's Region Transportation
Director, CDOT Region 3, 222 South Sixth Street, Room 317, Grand Junction, Colorado
81501, (970)-248-7225. Said Director will also be responsible for coordinating the
State's activities under this contract.
B. 1. The MOT portion of maintenance responsibility shall consist of:
Standard repair and/or replacement of the driving surface, striping, guardrail, and
gravel shoulders, within the traveled way except for those portions.of Post Blvd,
including the roundabouts within CDOT Right Of Way.
2. Snow removal within and through the Roundabouts, consisting of usual and
customary "pass through", within the traveled way, in accordance with 43-2-135 (a)
C.R.S., as amended.
3. CDOT will not be responsible for any of the maintenance issues of Post Boulevard
including areas that fall in CDOT Right-Of-Way at no expense to CDOT.
C. Upon the Town's passing its resolution for its portion of maintenance responsibility for
the newly constructed Roundabout intersections as described above, the execution of this
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contract and the completion and acceptance of the construction by the State as evidenced
by an acceptance letter from the CDOT Region 3 Transportation Director, the State shall
transfer the maintenance responsibility for the said portion of the "work" to The Town of
Avon, Colorado.
III. LOCAL AGENCY COMMITMENTS
A. The City will provide liaison with the State through the Local Agency's Town Engineer,.
P.O. Box 975, Avon, CO 81620, (970) 748-4000.
B. The Town's portion of maintenance responsibility shall consist of.
1. Repair and/or replacement of lighting, landscaping, special signage, islands and all
curb and gutter. Which will include the pavement repairs and maintenance issues of
both Roundabouts.
2. Snow removal inherent to the appurtenances and peculiarities of the Roundabout,
including curbs, drainage structures, and islands and beyond the traveled way.
3. Local Agency's shall be responsible of all maintenance issues of Post Boulevard
including areas that fall in CDOT Right-Of-Way at the local agency's expense.
C. Upon the execution of this contract, completion of construction, and acceptance of the
project by the State as evidenced by an acceptance letter from CDOT Region 3
Transportation Director, the Town shall annex the new Roundabout intersections and
accept its portion of maintenance responsibility for the newly constructed Roundabouts
intersection as described above.
D. The Town shall perform the maintenance services in a satisfactory manner, in accordance
with.the terms of this Contract, and pursuant to 43-1-135(a) and (e) C.R.S., as amended.
IV. GENERAL PROVISIONS
A. Upon the execution of this contract, the State will no longer be liable or responsible in
any manner for the maintenance and repair of said portions of the work outlined in
Section III. B., to the extent. the Local Agency is obligated under this Contract.
B. Notwithstanding anything herein to the contrary, the parties understand and agree that,all
terms and conditions of this contract and attachments hereto which may require continued
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performance or compliance beyond the termination date of the contract 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.
C. This contract 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 contract on the effective date of
such change as if fully set forth herein. Except as provided above, no modification of this
contract shall be effective unless agreed to in writing by both parties in an amendment to
this contract that is properly executed and approved in accordance with applicable law.
D. To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract
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. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
E. This contract 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 written contract executed and approved pursuant to the State
Fiscal Rules.
F. Except as herein otherwise provided, this contract shall insure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
G. 1. With the exception of the maintenance responsibilities outlined in Sections II B
and III B, the term of this contract shall begin the date first above written and
shall extend until the completion and acceptance of the construction of the project
by the State, the issuance of a final acceptance letter by the State's Region 3
Transportation Director and the acceptance by the Town of its portion of the
maintenance of the newly constructed Roundabout intersection.
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2. The maintenance responsibilities outlined in Sections.II B and III B of this
contract shall extend beyond the term of this contract and shall continue through the
useful life of the Roundabout intersection unless modified by written agreement between
the parties.
H. It is expressly understood and agreed that the enforcement of the terms and conditions of
this contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the parties hereto, and nothing contained in this contract shall give or allow
any such claim or right of action by any other or third.person on such contract. It is the
express intention of the parties that any person or entity other than the parties receiving
services or benefits under this contract be deemed to be an incidental beneficiary only.
I. The Local Agency assures and guarantees that it possesses the legal authority to enter into
this contract. The Local Agency warrants 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 contract and to bind the Local Agency
to its terms. The person(s) executing this contract on behalf of the Local Agency
warrants that they have full authorization to execute this contract.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year
first above written.
STATE OF COLORADO
ATTEST: BILL OWENS,' GOVERNOR
r
By. B
Chief Clerk c a- Executive Director
DEPARTMENT OF TRANSPORTATION
OF ATT. Tf SEAL) = TOWN OF AVON, COLORADO
RAL.
r
By' ® By
Title A-blw 1L Title
Federal Employer Identification
Number: 84771088
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EXHIBIT "A"
PROJECT NUMBER: CC 0702-237
Project Code: 13695
Date: February 4, 2002
Maintenance of Post Boulevard
DESCRIPTION
Centerline for POST Boulevard, a road crossing under Interstate Highway No. 70, of the
Colorado Department of Transportation, State of Colorado, Project No. CC 0702-237, in the
SETA of Section 7 of Township 5 South, Range 81 West of the Sixth Principal Meridian, in
Eagle County, Colorado, said centerline being more particularly described as follows:
Commencing at the Southeast comer of Sec. 8, T. 5 S., R. 81 W, 6`h P.M., thence N. 78°
27' 42" W..a distance of 6,657.06 feet to the intersection of the centerline of Post Boulevard with
the projected southerly right-of-way line of Interstate 70 (Feb..2002), as shown on CDOT project
CC 0702-237,.the TRUE POINT OF BEGINNING;
1. Thence S. 45°13'46" E., along the centerline of said Post Boulevard, a distance of
59.57 feet;
2. Thence continuing along said centerline, along the arc of a curve to the left having
a radius of 200.00 feet, a distance of 229.78 feet, (the chord of said arc bears S.
78°08'36" E., a distance of 217.35 feet;
3. . Thence N. 68°56'34" E., continuing along said centerline, a distance of 66.09 feet
to the intersection with the eastbound off ramp of said S.H. 70;
4. Thence along the centerline of said ramp, along the arc of a curve to the right.
having a radius of 1432.39 feet, a distance of 20.41 feet, (the chord of said arc
bears S. 20°38'55 E., a distance of 20.41 feet, to the center of the southerly
roundabout;
Thence N. 68°36'07" E., along the centerline of Post Boulevard, a distance of
442.76 feet to the center of the northerly roundabout;
6. Thence N. 54°48'36" E., continuing along said centerline a distance of 342.00
feet, to the intersection with the proposed northerly right-of-way of I-70, from
which point the Southeast corner of said Section 8 bears S 73 43 12 E a distance
of 5736.95 feet.
Basis of Bearings: All bearings are based on a line connecting the southeast corner of
Section 8 (found GLO brass cap) and the east '/a corner of Section 8 (found GLO brass
cap), being N. 1 ° 32'00" E.
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Memo
T09 Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
Pi'®1'1'19 Norm Wood, Town Engineer 1A/
bate- February 18, 2002
Reg I-70 / Post Boulevard Interchange Roundabout Maintenance Agreement
Resolution No. 02-09, Series of 2002
Summary- Because of the unique nature and maintenance requirements
of roundabout intersections, the Colorado Department of Transportation (CDOT) has
requested that the Town of Avon agree to share maintenance responsibilities for the
proposed roundabout intersections at the proposed I-70 and Post Boulevard Interchange.
Attached Resolution No. 02- 09 approves the accompanying Contract (Exhibit A) defining
the shared maintenance responsibilities for these roundabouts.
There are no costs to the Town associated with the approval of this contract or the
maintenance of the proposed roundabout intersections. All costs related to required
maintenance of the intersections will be reimbursed by Traer Creek Metropolitan District
along with all other maintenance costs associated with streets in The Village (at Avon) in
accordance with the Annexation and Development Agreement.
We recommend approval of Resolution No. 02-09, Series of 2002, A Resolution
Authorizing a Contract with, the Colorado Department of Transportation Relating to, the
Maintenance of Proposed Roundabouts at Post Boulevard and I-70 Interchange in the
Town of Avon.
It should be noted that Chapter XVI of the Town Charter requires approval of
intergovernmental agreements by 2/3 vote of the entire Council.
IAEngineering\Avon VillageTiling ITinal P1at\Agreements\Post Blvd-I-70 Mtce Res Memo.Doc
Recol'1'1mendationse Approve Resolution No. 02-09, Series of 2002, A
Resolution Author izing a Contract with the Colorado Department of Transportation
Relating to the Maintenance of Proposed Roundabouts at Post Boulevard and I-70
Interchange in the Town of Avon.
Promsed_Motion: I move to approve Resolution No. 02-09, Series of 2002, A
Resolution Authorizing a Contract with-the Colorado Department of Transportation
Relating to the Maintenance of Proposed Roundabouts at Post Boulevard and I-70
Interchange in the Town of Avon.
Town Manager. Comments:
. core qp-
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