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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 IAEngineering\Avon VillageTiling ITinal Plat\Agreements\Post Blvd-I-70 Mtce Res.Doc I:\Engineering\Avon Village\Filing ITinal P1at\Agreements\Post Blvd-I-70 Mtce Res.Doc 2 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 -2- 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 -3- 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. -4- 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. -5- 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 =6- 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. -7- 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- I:\Engineaing\Avon Village\Filing ITinal P1at\Agreements\Post Blvd-I-70 Mtce_ Res Memo-Doc 2