HomeMy WebLinkAbout2024-48 A Resolution Approving An Amendment to the Highway Maintenance Agreement with CDOT1
10/16/2024
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RESOLUTION NO. 48
Series of 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
AMENDMENT TO THE HIGHWAY MAINTENANCE AGREEMENT WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION ("CDOT")
WHEREAS, in 2023, CDOT and the Town entered into a maintenance agreement
for maintenance of the I-70 frontage roads, and now seek to amend said agreement in
the form attached hereto as Exhibit A and incorporated herein by this reference (the
"Amendment").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Amendment is hereby approved in substantially the form
attached hereto, subject to final approval by the Town Attorney. Upon such approval, the
Mayor is authorized to execute the Amendment on behalf of the Town.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 15th day of October,
2024.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
OLA #: 331003134
Routing #: 24-HA3-XC-00179-M0001
Additional PO Reference: 400002160
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Rev. 12/09/2016
Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: N/A
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
24-HA3-XC-00179-M0001
Local Agency
TOWN OF VAIL
Original Agreement Routing Number
24-HA3-XC-00179
Agreement Maximum Amount $815,000.00 Agreement Performance Beginning Date
December 22, 2023
Initial Agreement expiration date
June 30, 2028
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
TOWN OF VAIL
By:________________________________________________
*Signature
Name:______________________________________________
(Print Name)
Title:_______________________________________________
(Print Title)
Date:_______________________________________________
SECOND LOCAL AGENCY SIGNATURE,
IF NEEDED
TOWN OF VAIL
By:________________________________________________
*Signature
Name:______________________________________________
(Print Name)
Title:_______________________________________________
(Print Title)
Date:_______________________________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller
or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Amendment Effective Date:_____________________
OLA #: 331003134
Routing #: 24-HA3-XC-00179-M0001
Additional PO Reference: 400002160
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Rev. 12/09/2016
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1) PARTIES
Agreement shown on the Signature and Cover Page for
Agreement Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
This Agreement provides highway maintenance in the Town of Vail. This Amendment increases total
maximum amount per fiscal year and the maximum contract total amount.
5) MODIFICATIONS
A. This Amendment increases the total maximum amount per fiscal year for FY 25-28 by $10,000.00. The
maximum contract total is increased from $775,000.00 by $40,000.00 to $815,000.00.
B. Exhibit A-1 is made part of the original Agreement and replaces Exhibit A.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Vail Highway Maintenance Page 1 of 2
Scope of Work
Region 3, Section 2 Maintenance has a highway maintenance agreement between CDOT and the
Town of Vail.
The rate negotiated by the parties per mile for this agreement is per lane mile, and
the number of miles of highway segments for which the town will provide maintenance services
is 11.59 lane miles, up to a total maximum amount of $per fiscal year, to be
invoiced as work progresses, not to exceed the total agreed upon amount. This agreement
has been considered and deemed beneficial to the Town of Vail and the State by John David,
Region 3 Section 2 Maintenance Superintendent.
A. The town shall perform all "maintenance services" (defined in the attached Exhibit) for
the certain State Highway System segments described herein, located within the town's
jurisdiction, for a total length of 11.59 miles ("the Highways"), as follows:
I-70 Frontage Rd. Including Fall Line Dr. and new underpass roadway: MP 172.2 to MP
180.3
B. As used herein the term "maintenance services" shall mean only those maintenance
services normally performed by the State to comply with its responsibility under §§ 43-2-102
and 43-2-135, C.R.S., as described in the State's then current "Plant Maintenance Field Manual",
as amended which is incorporated herein by this reference. The town shall be furnished a copy of
that manual from the State before it performs any maintenance services under this agreement.
Maintenance Services Activity List:
Code Activity Name Units
152 Flexible Pavement Patching/Minor Repairs Square Yard
153 Rigid Pavement Patching/Minor Repairs Square Yard
402 Snow Removal & Traction Application (Sanding, Deicers) Mile (Plow Mile)
406 Snow Removal Special Equipment Labor Hours
("Maintenance services" do not include reconstruction of portions of the highways destroyed by
major disasters, fires, floods, or Acts of God. Provided, however, that the town shall give the State
immediate notice of the existence of any such conditions on the highways.) If services not noted
in the Maintenance Services Activity List need to be considered, contact John David, Region 3
Section 2 Maintenance Superintendent.
Exhibit A-1 Page 1 of 2
Vail Highway Maintenance Page 2 of 2
Exhibit A
Maintenance services to be performed by the town, at State expense, for the highways under this
agreement shall include (without limitation) the following services:
Removal of snow.
Patching, making safe, repairing, spot reconditioning, spot stabilization and spot seal
coating, including shoulders; and damage caused by ordinary - washouts.
Warning the State's representative of any "dangerous condition" (as that term is defined
in §24-10-103(1) C.R.S., as amended), and/or repairing that condition.
Inspecting State Highway signing and regulatory devices on the Highways done
concurrently with other maintenance work and notifying the State's Region 3 Section 2
Maintenance Superintendent or a State representative as soon as the town has notice of
any State Highway signing and regulatory devices in need of repair.
C. Town shall also continue to perform, at its own expense, all activities/duties on the
Highways that the town is required to perform by§43-2-135 (1) (a) and (e), C.R.S., as amended,
including, but not limited to: cutting weeds and grasses within the State's right of way; fence
maintenance; cleaning of roadways, including storm sewer inlets and catch basins; cleaning of
ditches; and repairing of drainage structures. The town's performance of such services shall
comply with the same standards that are currently used by the State for the State's performance
of such services, for similar type highways with similar use, in that year, as determined by the
State. The State's Region 3 Section 2 Maintenance Deputy Superintendent, or his representative,
shall determine the then current applicable maintenance standards for the maintenance services.
Any standards/directions provided by the State's representative to the town concerning the
maintenance services shall be in writing.
D. The statements submitted by the town for which payment is requested shall contain an
adequate description of the type(s) and the quantity(ies) of the maintenance services performed,
the date(s) of that performance, and on which specific sections of the highways such services
were performed, in accord with Maintenance Services Activity Codes noted in section B, as
shown above.
E. For transparency as well as for audit purposes, the following needs to be included in all
billings submitted on a monthly basis. The statements submitted by the town for which payment
is requested shall contain an adequate description of the type(s) and the quantity (ies) of the
maintenance services performed, the date(s) of that performance, and on which specific sections
of the Highways (as noted above) such services were performed, in accord with standard town
billing standards.
F. Monthly billing is based on service performed in each month; it is not based on equal
billings. Some months may have no chargeable services, while others may be well over an
average monthly amount.
Exhibit A-1 Page 2 of 2