TC Res. No. 2002-04TOWN OF AVON
RESOLUTION' NO.02-04
SERIES OF 2002
A RESOLUTION AUTHORIZING A CONTRACT
WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION RELATING TO THE
MAINTENANCE OF A PROPOSED ROUNDABOUT
INTERSECTION AT POST BOULEVARD AND
STATE HIGHWAY 6 IN THE TOWN OF AVON
WHEREAS, the Colorado Department of Transportation (CDOT) has issued an
access permit #301258 for the construction of a roundabout intersection at Post
Boulevard and State Highway 6; and
WHEREAS, CDOT desires that, upon completion of the construction of the
roundabout intersection that the Town of Avon (Town) assume responsibility for
maintenance of certain portions of the roundabout intersection; and
WHEREAS, the Town is willing to assume responsibility for its portion of the
maintenance of the roundabout intersection; 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 -./A DAY OF FEBRUARY, 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ofidy Yo r, yor
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Town of Avon/Region 3 (NSO) jsatC►c~ '
CONTRACT Trafc li
THIS CONTRACT, made this 12, day of , 20(! 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, CDOT issued an access permit #301258 to the Town, under which the Local
Agency anticipates construction of an Roundabout intersection at Post Boulevard and State Highway
6 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, maintenance of the new Roundabout intersection at Post Boulevard and State
Highway 6 is the responsibility of CDOT; 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 intersection, 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
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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 intersection at Post Boulevard and State Highway 6
in Avon, Colorado. The newly constructed Roundabout intersection, 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 Town 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. The CDOT portion of maintenance responsibility shall consist of:
1. Standard repair and/or replacement of the driving surface, striping, guardrail, and
gravel shoulders, within the traveled way.
2. Snow removal within and through the Roundabout, consisting of usual and customary
"pass through", within the traveled way, in accordance with 43-2-135 (1)(a) C.R.S., as
amended.
C. Upon the Town's passing its resolution for its portion of maintenance responsibility for
the newly constructed Roundabout intersection as described above, the execution of this
contract and the completion and acceptance of the construction by the State as evidenced
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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 Town 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.
2. Snow removal inherent to the appurtenances and peculiarities of the Roundabout,
including curbs, drainage structures, and islands and beyond the traveled way.
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 intersection and
accept its portion of maintenance responsibility for the newly constructed Roundabout
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 43-2=135 (1)(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
performance or compliance beyond the termination date of the contract shall survive such
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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 inure 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 bean incidental beneficiary only:
1. 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.
ATTEST:
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By
Chief Clerk
ATTEST: (SEAL)
By
Title-~ ►~t ,tom
STATE OF COLORADO
BILL OWENS, GOVERNOR
By ,
oiw Executi a Director
DEPARTMENT OF TRANSPORTATION
TOWN OF AVON, COLORADO
By 44
Title
Federal Employer Identification
Number: 84771088
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Memo
TO: , Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
Pr OM: Norm Wood, Town EngineerA/
Date: January 29, 2002
Re: Highway 6 / Post Boulevard Roundabout Maintenance Agreement
Resolution No. 02-04, 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 intersection at State Highway 6 and Post Boulevard. Issuance of the
Access Permit for construction of this intersection will be contingent upon execution of an
acceptable agreement between the Town and CDOT for the shared maintenance
responsibilities. Attached Resolution No. 02- 04 approves the accompanying Contract
(Exhibit A) defining the shared maintenance responsibilities for this roundabout.
There are no costs to the Town associated with the approval of this contract or the
maintenance of this proposed roundabout intersection. All costs related to required
maintenance of this intersection 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. 02-04, Series of 2002, A Resolution
Authorizing a Contract with the Colorado Department of Transportation Relating to the
Maintenance of a Proposed Roundabout Intersection at Post Boulevard and State Highway
6 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.
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Recommendations: Approve Resolution No. 02-04, Series of 2002, A
Resolution Authorizing a Contract with the Colorado Department of Transportation
Relating to the Maintenance of a Proposed Roundabout Intersection at Post Boulevard and
State Highway 6 in the Town of Avon.
Proposed Motion: I move to approve Resolution No. 02-04; Series of 2002, A
Resolution Authorizing a Contract with the Colorado Department of Transportation
Relating to the Maintenance of a Proposed Roundabout Intersection at Post Boulevard and
State Highway 6 in the Town of Avon.
Town .Manager Comments:
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