HomeMy WebLinkAbout2009-10 IGA with CDOT regrading the Design of the Relocation of Vail I70 Frontage Road from Milepost 174 to 176 "Ever Vail" Projectfഀ
RESOLUTION NO. 10ഀ
Series of 2009ഀ
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THEഀ
TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATIONഀ
REGARDING THE DESIGN OF THE RELOCATION OF THE VAIL INTERSTATE 70ഀ
FRONTAGE ROAD FROM MILEPOST 174 TO MILEPOST 176 REFERRED TO AS THEഀ
"EVER VAIL" PROJECT; AND SETTING FORTH DETAILS IN REGARD THERETO.ഀ
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Coloradoഀ
is a home rule municipal corporation duly organized and existing under the laws of the State ofഀ
Colorado and the Town Charter (the "Charter"); andഀ
WHEREAS, the members of the Town Council of the Town (the "Council") have beenഀ
duly elected and qualified; andഀ
WHEREAS, the Town and the Colorado Department of Transportation ("CDOT) wish toഀ
enter into an Intergovernmental Agreement ("IGA") for the design of the relocation of the Vailഀ
Interstate 70 Frontage Road at approximate milepost 174-176 in anticipation of the projectഀ
referred to as the "Ever Vail" project.ഀ
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OFഀ
VAIL, COLORADO THAT:ഀ
Section 1. The Council hereby approves and authorizes the Town Manager to enterഀ
into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A and in aഀ
form approved by the Town Attorney, for the design of the relocation of the Vail Interstate 70ഀ
Frontage Road at approximately milepost 174-176.ഀ
Section 2. This Resolution shall take effect immediately upon its passage.ഀ
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council ofഀ
the Town of Vail held this 215' day of April, 2009.ഀ
Richard Clevelandഀ
Town Mayorഀ
TT T: l /ഀ
~orel i naldson,ഀ
Town Clerkഀ
Resolution No. 10, Series 2009ഀ
1'ഀ
(Local$CDOTWK) PROJECT CC 0702-287 (17020) 09 HA3 00025ഀ
REGION 3 (DAW) ID 331000184ഀ
CONTRACTഀ
THIS CONTRACT made this _ day of 2009, by and between the State ofഀ
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred toഀ
as the State, and THE TOWN OF VAIL, 1309 Elkhorn Drive Vail, Colorado, 81657,ഀ
CDOT Vendor 2000003, hereinafter rcfcrrcd to as the "Contractor" or the "Local Agency."ഀ
RECITALSഀ
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise madeഀ
available and a sufficient uncommitted balance thereof remains available for payment of project andഀ
Local Agency costs in Fund Number: 400 Function 3020; WBS Element 17020.10.30;ഀ
GL Account: 231200010 IN (Contract Encumbrance Amount: $0.00).ഀ
2. Required approval, clearance and coordination have been accomplished from and with appropriateഀ
agencies.ഀ
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provideഀ
maintenance and construction of highways that are part of the state highway system.ഀ
4. CDOT and the Local Agency anticipate a project for the Design Services for the relocation of theഀ
Vail I-70 Frontage Road from Milepost 174 to Milepost 176 Evervail project, and by the date ofഀ
execution of this contract, the Local Agency and/or the State has completed and submitted aഀ
preliminary version of the CDOT Scope of Work (Exhibit A) describing the general nature of theഀ
Work. The Local Agency understands that, before the Work begins, the CDOT Scope of Work maybeഀ
revised as a result of design changes made by CDOT, in coordination with the Local Agency, in itsഀ
internal review process.ഀ
5. The Local Agency has made funds available for Project CC 0702-287 (17020) which shall consistഀ
of a portion of the cost for the design for relocation of the Vail I-70 Frontage Road from Milepost 174ഀ
to Milepost 176 project, referred to as the "Evervail Project" or the "Work." Such Work will beഀ
performed in the Town of Vail, Colorado, as specifically described in Exhibit A.ഀ
6. The Local Agency has funds available and desires to provide a portion of the funding for theഀ
`Work".ഀ
7. CDOT has estimated the cost of the Work and the Local Agency is prepared to provide a portionഀ
of the funding required for the Work, as evidenced by an appropriate ordinance or resolution dulyഀ
passed and adopted by the authorized representatives of the Local Agency, which expresslyഀ
authorizes the Local Agency to enter into this contract and to expend funds for the work under theഀ
project.ഀ
A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.ഀ
8. This contract is executed under the authority of 29-1-203,43-1-110; 43-1-116,43-2-101(4)(c)ഀ
and 43-2-144, C.R.S. and Exhibit B.ഀ
Page 1 of 12ഀ
THE PARTIES NOW AGREE THAT:ഀ
Section 1. Scope of Workഀ
The Project or the Work under this contract shall consist of the CDOT design for the relocation of theഀ
Vail I-70 Frontage Road from Milepost 174 to Milepost 176 referred to as the "Evervail Project" orഀ
the "Work." Such Work will be performed in Vail, Colorado, as more specifically described inഀ
Exhibit A.ഀ
Section 2. Order of Precedenceഀ
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflictsഀ
or inconsistencies shall be resolved by reference to the documents in the following order of priority:ഀ
1. This contractഀ
2. Exhibit A (Scope of Work)ഀ
3. Exhibit C (Option Letter)ഀ
4. Other Exhibits in descending order of their attachment.ഀ
Section 3. Termഀ
This contract shall be effective upon approval of the State Controller or designee, or on theഀ
date made, whichever is later. The term of this contract shall continue through the completion andഀ
final acceptance of the Project by the State, FHWA and the Local Agency.ഀ
Section 4. Project Funding Provisionsഀ
A. CDOT has estimated the total cost of the work and the Local Agency is prepared to provide aഀ
portion of the funding for the work, as evidenced by an appropriate ordinance or resolution dulyഀ
passed and adopted by the authorized representatives of the Local Agency, which expresslyഀ
authorizes the Local Agency to enter into this contract and to expend its funds for the project. Aഀ
copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B.ഀ
B. CDOT has estimated the total cost of the work to be performed by CDOT, and the Local Agencyഀ
is prepared to provide funding in the amount of $20,000.00 which is to be funded as follows:ഀ
Lump Sum Paymentഀ
1. Local Agency Funds $ 20.000.00ഀ
2. Total Funds: $ 20,000.00ഀ
C. The maximum amount payable by the Local Agency under this contract shall be $20,000.00,ഀ
unless such amount is increased by an appropriate written modification to this contract executedഀ
before any increased cost is incurred. It is understood and agreed by the parties hereto that the totalഀ
cost of the work stated hereinbefore is the best estimate available, based on the design data asഀ
approved at the time of execution of this contract, and that such cost is subject to revisions (in accordഀ
with the procedure in the previous sentence) agreeable to the parties prior to bid and award.ഀ
Page 2 of 12ഀ
D. The parties hereto agree that this contract is contingent upon all funds designated for the projectഀ
herein being made available from state sources, as applicable. Should these sources fail to provideഀ
necessary funds as agreed upon herein, the contract may be terminated by either party, provided thatഀ
any party terminating its interest and obligations herein shall not be relieved of any obligations whichഀ
existed prior to the effective date of such termination or which may occur as a result of suchഀ
termination.ഀ
Section 5. Project Payment Provisionsഀ
A. The Local Agency shall contribute a lump sump amount and shall not exceed the amount ofഀ
$20,000.00, which shall be due within 60 days of execution of this agreement.ഀ
Section 6. State and Local-Agency Commitmentsഀ
Section 6. State and Local Agency Commitmentsഀ
{ EXHIBIT D NOT APPLICABLE TO THIS AGREEMENT }ഀ
The state is the "Responsible Party" referred to in this contract.ഀ
A. Design (If Applicable]ഀ
1. If the Work includes preliminary design or final design (the "Construction Plans"), orഀ
design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), theഀ
responsible party shall comply with the following requirements, as applicable:ഀ
a. perform or provide the Plans, to the extent required by the nature of theഀ
Work.ഀ
b. prepare final design (Construction Plans) in accord with the requirements ofഀ
the latest edition of the American Association of State Highwayഀ
Transportation Officials (AASHTO) manual or other standard, such as theഀ
Uniform Building Code, as approved by CDOT.ഀ
C. prepare special provisions and estimates in accord with the State's Roadwayഀ
and Bridge Design Manuals and Standard Specifications for Road and Bridgeഀ
Construction.ഀ
d. include details of any required detours in the Plans, in order to prevent anyഀ
interference of the construction work and to protect the traveling public.ഀ
e. stamp the Plans produced by a Colorado Registered Professional Engineer.ഀ
f. provide final assembly of Plans and contract documents.ഀ
g. be responsible for the Plans being accurate and complete.ഀ
h. make no further changes in the Plans following the award of the constructionഀ
contract except by agreement in writing between the parties. The Plans shallഀ
be considered final when approved and accepted by the parties hereto, andഀ
when final they shall be deemed incorporated herein.ഀ
Page 3 of 12ഀ
B. Construction [ Not Applicable]ഀ
If the Work includes construction, the responsible party shall perform theഀ
construction in accordance with the approved design plans and/or administer theഀ
construction all in accord with the Local Agency Contract Administration Checklist.ഀ
Such administration shall include project inspection and testing; approving sources ofഀ
materials; performing required plant and shop inspections; documentation of contractഀ
payments, testing and inspection activities; preparing and approving pay estimates;ഀ
preparing, approving and securing the funding for contract modification orders andഀ
minor contract revisions; processing contractor claims; construction supervision; andഀ
meeting the Quality Control requirements of the FHWA/CDOT Stewardshipഀ
Agreement, as described in the Local Agency Contract Administration Checklist.ഀ
2. If the State is the responsible party:ഀ
a. it shall appoint a qualified professional engineer, licensed in the State ofഀ
Colorado, as the State Agency Project Engineer (SAPE), to perform thatഀ
administration. The SAPE shall administer the project in accordance withഀ
this contract, the requirements of the construction contract and applicableഀ
State procedures.ഀ
b. if bids are to be let for the construction of the project, the State shall, inഀ
conjunction with the Local Agency, advertise the call for bids and uponഀ
concurrence by the Local Agency will award the construction contract(s) toഀ
the low responsive, responsible bidder(s).ഀ
(1) in advertising and awarding the bid for the construction of a federal-ഀ
aid project, the State shall comply with applicable requirements of 23ഀ
USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 etഀ
seq. Those requirements include, without limitation, that theഀ
State/contractor shall incorporate Form 1273 (Exhibit H) in itsഀ
entirety verbatim into any subcontract(s) for those services as termsഀ
and conditions therefore, as required by 23 CFR 633.102(e).ഀ
(2) the Local Agency has the option to concur or not concur in theഀ
proposal of the apparent low bidder for work on which competitiveഀ
bids have been received. The Local Agency must declare itsഀ
concurrence or non-concurrence within 3 working days after said bidsഀ
are publicly opened.ഀ
(3) by indicating its concurrence in such award, the Local Agency, actingഀ
by or through its duly authorized representatives, agrees to provideഀ
additional funds, subject to their availability and appropriation forഀ
that purpose, if required to complete the Work under this project if noഀ
additional federal-aid funds will be made available for the project.ഀ
Page 4 of 12ഀ
C. If all or part of the construction work is to be accomplished by Stateഀ
personnel (i.e. by force account), rather than by a competitive biddingഀ
process, the State will ensure that all such force account work isഀ
accomplished in accordance with the pertinent State specifications andഀ
requirements with 23 CFR 635, Subpart B, Force Account Construction.ഀ
Section 7. ROW Acquisition and Relocationഀ
If applicable, prior to this project being advertised for bids, the Responsible Party will certify inഀ
writing that all right of way has been acquired in accordance with the applicable State and federalഀ
regulations, or that no additional right of way is required.ഀ
Any acquisition/relocation activities must comply with all federal and state statutes,ഀ
regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Actഀ
regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual.ഀ
Allocation of Responsibilities can be as follows:ഀ
Federal participation in right of way acquisition (3111 charges), relocation (3109ഀ
charges) activities, if any, and right of way incidentals (expenses incidental toഀ
acquisition/relocation of right of way - 3114 charges);ഀ
Federal participation in right of way acquisition (3111 charges), relocation (3109ഀ
charges) but no participation in incidental expenses (3114 charges); orഀ
No federal participation in right of way acquisition (3111 charges) and relocationഀ
activities (3109 expenses).ഀ
Regardless of the option selected above, the State retains oversight responsibilities. Theഀ
Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT'sഀ
Right of Way Operation Manual. The manual is located atഀ
httb://www.dot.state.co.us/ROW Manual/.ഀ
Section 8. Utilitiesഀ
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approvalഀ
from any utility company, which may become involved in this Project. Prior to this Project beingഀ
advertised for bids, the Responsible Party will certify in writing that all such clearances have beenഀ
obtained.ഀ
Section 9. Railroadsഀ
In the event the Project involves modification of a railroad company's facilities whereby the Work isഀ
to be accomplished by railroad company forces, the Responsible Party shall make timely applicationഀ
to the Public Utilities Commission requesting its order providing for the installation of the proposedഀ
improvements and not proceed with that part of the Work without compliance. The Responsibleഀ
Party shall also establish contact with the railroad company involved for the purpose of complyingഀ
with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involvingഀ
railroad facilities, including:ഀ
Page 5 of 12ഀ
1. Executing an agreement setting out what work is to be accomplished and theഀ
location(s) thereof, and that the costs of the improvement shall be eligible for federalഀ
participation.ഀ
2. Obtaining the railroad's detailed estimate of the cost of the Work.ഀ
3. Establishing future maintenance responsibilities for the proposed installation.ഀ
4. Proscribing future use or dispositions of the proposed improvements in the event ofഀ
abandonment or elimination of a grade crossing.ഀ
5. Establishing future repair and/or replacement responsibilities in the event ofഀ
accidental destruction or damage to the installation.ഀ
Section 10. Environmental Obligationsഀ
The State shall perform all Work in accordance with the requirements ofthe current federal and stateഀ
environmental regulations including the National Environmental Policy Act of 1969 (NEPA) asഀ
applicable.ഀ
Section 11. Maintenance Obligationsഀ
The State will maintain and operate the improvements constructed under this contract at its own costഀ
and expense during their useful life, in a manner satisfactory to the FHWA. The State will makeഀ
proper provisions for such maintenance obligations each year. Such maintenance and operationsഀ
shall be conducted in accordance with all applicable statutes, ordinances and regulations whichഀ
define the stste's obligations to maintain such improvements. FHWA will make periodic inspectionsഀ
of the project to verify that such improvements are being adequately maintained.ഀ
Section 12. Record Keepingഀ
The Local Agency shall maintain a complete file of all records, documents, communications, andഀ
other written materials, which pertain to the costs incurred under this contract. The Local Agencyഀ
shall maintain such records for a period of three (3) years after the date oftermination ofthis contractഀ
or final payment hereunder, whichever is later, or for such further period as may be necessary toഀ
resolve any matters which may be pending. The Local Agency shall make such materials availableഀ
for inspection at all reasonable times and shall permit duly authorized agents and employees of theഀ
State and FHWA to inspect the project and to inspect, review and audit the project records.ഀ
Section 13. Termination Provisionsഀ
This contract may be terminated as follows:ഀ
A. Termination for Convenience. Either party may terminate this contract at any time, if a partyഀ
determines that the purposes of the distribution of moneys under the contract would no longer beഀ
served by completion of the project. The parties shall effect such termination by giving writtenഀ
notice of termination to the other party, specifying the effective date thereof, at least twenty (20) daysഀ
before the effective date of such termination.ഀ
Page 6 of 12ഀ
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timelyഀ
and proper manner, its obligations under this contract, or if the Local Agency shall violate any of theഀ
covenants, agreements, or stipulations of this contract, the State shall thereupon have the right toഀ
terminate this contract for cause by giving written notice to the Local Agency of its intent toഀ
terminate and at least ten (10) days opportunity to cure the default or show cause why termination isഀ
otherwise not appropriate. In the event of termination, all finished or unfinished documents, data,ഀ
studies, surveys, drawings, maps, models, photographs and reports or other material prepared by theഀ
Local Agency under this contract shall, at the option of the State, become its property, and the Localഀ
Agency shall be entitled to receive just and equitable compensation for any services and suppliesഀ
delivered and accepted. The Local Agency shall be obligated to return any payments advanced underഀ
the provisions of this contract.ഀ
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for anyഀ
damages sustained by the State by virtue of any breach of the contract by the Local Agency, and theഀ
State may withhold payment to the Local Agency for the purposes of mitigating its damages untilഀ
such time as the exact amount of damages due to the State from the Local Agency is determined.ഀ
If after such termination it is determined, for any reason, that the Local Agency was not in defaultഀ
or that the Local Agency's action/inaction was excusable, such termination shall be treated as aഀ
termination for convenience, and the rights and obligations of the parties shall be the same as if theഀ
contract had been terminated for convenience, as described herein.ഀ
Section 14. Legal Authorityഀ
The Local Agency warrants that it possesses the legal authority to enter into this contract and thatഀ
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise thatഀ
authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind theഀ
Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agencyഀ
warrants that such person(s) has full authorization to execute this contract.ഀ
Section 15. Representatives and Noticeഀ
The State will 9rovide liaison with the Local Agency through the State's Region Director,ഀ
Region 3, 222 S. 6 Street Grand Junction, CO 8150 1. Said Region Director will also be responsibleഀ
for coordinating the State's activities under this contract. All communications relating to the day-to-ഀ
day activities for the work shall be exchanged between representatives of the State's Transportationഀ
Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressedഀ
to the individuals identified below. Either party may from time to time designate in writing new orഀ
substitute representatives.ഀ
Page 7of12ഀ
If to the State:ഀ
If to the Local Agency:ഀ
Martha Miller, PEഀ
Town of Vailഀ
CDOT Region 3ഀ
Greg Hallഀ
Resident Engineerഀ
Director of Public Worksഀ
714 Grand Avenueഀ
1309 Elkhorn Driveഀ
Eagle, CO 81631ഀ
Vail, CO 81657ഀ
(970) 328-6385ഀ
(970) 479-2100ഀ
Section 16. Successorsഀ
Except as herein otherwise provided, this contract shall inure to the benefit of and be bindingഀ
upon the parties hereto and their respective successors and assigns.ഀ
Section 17. Third Party Beneficiariesഀ
It is expressly understood and agreed that the enforcement of the terms and conditions of thisഀ
contract and all rights of action relating to such enforcement, shall be strictly reserved to the Stateഀ
and the Local Agency. Nothing contained in this contract shall give or allow any claim or right ofഀ
action whatsoever by any other third person. It is the express intention of the State and the Localഀ
Agency that any such person or entity, other than the State or the Local Agency receiving services orഀ
benefits under this contract shall be deemed an incidental beneficiary only.ഀ
Section 18. Governmental Immunityഀ
Notwithstanding any other provision of this contract to the contrary, no term or condition ofഀ
this contract shall be construed or interpreted as a waiver, express or implied, of any of theഀ
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunityഀ
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agreeഀ
that liability for claims for injuries to persons or property arising out of negligence of the State ofഀ
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled andഀ
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the riskഀ
management statutes, 24-30-1501, et seq., C.R.S., as now or hereafter amended.ഀ
Section 19. Severabilityഀ
To the extent that this contract may be executed and performance of the obligations of theഀ
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.ഀ
Section 20. Waiverഀ
The waiver of any breach of a term, provision, or requirement of this contract shall not beഀ
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,ഀ
or of any other term, provision or requirement.ഀ
Page 8 of 12ഀ
Section 21. Entire Understandingഀ
This contract is intended as the complete integration of all understandings between theഀ
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have anyഀ
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 aഀ
writing executed and approved pursuant to the State Fiscal Rules.ഀ
Section 22. Survival of Contract Termsഀ
Notwithstanding anything herein to the contrary, the parties understand and agree that allഀ
terms and conditions of this contract and the exhibits and attachments hereto which may requireഀ
continued performance, compliance or effect beyond the termination date of the contract shallഀ
survive such termination date and shall be enforceable by the State as provided herein in the event ofഀ
such failure to perform or comply by the Local Agency.ഀ
Section 23. Modification and Amendmentഀ
This contract is subject to such modifications as may be required by changes in federal orഀ
State law, or their implementing regulations. Any such required modification shall automatically beഀ
incorporated into and be part of this contract on the effective date of such change as if fully set forthഀ
herein. Except as provided above, no modification of this contract shall be effective unless agreed toഀ
in writing by both parties in an amendment to this contract that is properly executed and approved inഀ
accordance with applicable law.ഀ
Section 24. Option Lettersഀ
Option Letters may be used to extend Agreement term, change the level of service within theഀ
current term due to unexpected overmatch, add a phase without increasing contract dollars, orഀ
increase or decrease the amount of funding. These options are limited to the specific scenariosഀ
listed below. The Option Letter shall not be deemed valid until signed by the State Controller orഀ
an authorized delegate.ഀ
Following are the applications for the individual options under the Option Letter form:ഀ
Option 1 - Option to extend or renew (this option applies to Highway and Signal maintenanceഀ
contracts only). In the event the State desires to continue the Services and a replacement contractഀ
has not been fully approved by the termination date of this contract, the State, upon written noticeഀ
to Contractor, may unilaterally extend this contract for a period of up to one (1) year. Theഀ
contract shall be extended under the same terms and conditions as the original contract,ഀ
including, but not limited to prices, rates and service delivery requirements. This extension shallഀ
terminate at the end of the one (1) year period or when the replacement contract is signed by theഀ
Colorado State Controller or an authorized delegate.ഀ
Page 9 of 12ഀ
The State may exercise this option by providing a fully executed option to the contractor,ഀ
within thirty (30) days prior to the end of the current contract term, in a form substantially equivalentഀ
to Exhibit C. If the State exercises this option, the extended contract will be considered to includeഀ
this option provision. The total duration of this contract, including the exercise of any options underഀ
this clause, shall not exceed five (5) years.ഀ
Option 2 - Level of service chanee within current term due to unexpected overmatch in anഀ
overbid situation only. In the event the State has contracted all project funding and the Localഀ
Agency's construction bid is higher than expected, this option allows for additional Localഀ
Overmatch dollars to be provided by the Local Agency to be added to the contract. This option isഀ
only applicable for Local Overmatch on an overbid situation and shall not be intended for anyഀ
other Local Overmatch funding.ഀ
The State may unilaterally increase the total dollars of this contract as stipulated by the executedഀ
Option Letter (Exhibit C), which will bring the maximum amount payable under this contractഀ
to the amount indicated in Section 4 Project Funding Provisions attached to the executed Optionഀ
Letter. Performance of the services shall continue under the same terms as established in theഀ
contract. The State will use the Financial Statement submitted by the Local AQencv forഀ
"Concurrence to Advertise " as evidence of the Local AQencv's intent to award and it will alsoഀ
provide the additional amount required to exercise this option. If the State exercises this option,ഀ
the contract will be considered to include this option provision.ഀ
Option 3 - Option to add overlannins chase without increasine contract dollars. The State mayഀ
require the contractor to begin a phase that may include Design, Construction, Environmental,ഀ
Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation orഀ
Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the originalഀ
contract with the contract dollars remaining the same. The State may exercise this option byഀ
providing a fully executed option to the contractor within thirty (30) days before the initial targetedഀ
start date of the phase, in a form substantially equivalent to Exhibit C. If the State exercises thisഀ
option, the contract will be considered to include this option provision.ഀ
Option 4 - To update funding (increases and/or decreases) with a new Section 4. This option canഀ
be used to increase and/or decrease the overall contract dollars (state, federal, local match, localഀ
agency overmatch) to date, by replacing the original funding Section 4 in the Original Contractഀ
with an updated Section 4.ഀ
The State may have a need to update changes to state, federal, local match and local agencyഀ
overmatch funds, which will be attached to the option form. The State may exercise this option byഀ
providing a fully executed option to the contractor within thirty (30) days after the State has receivedഀ
notice of funding changes, in a form substantially equivalent to Exhibit C. If the State exercises thisഀ
option, the contract will be considered to include this option provision.ഀ
Page 10 of 12ഀ
Section 25. Disputesഀ
Except as otherwise provided in this contract, any dispute concerning a question of factഀ
arising under this contract which is not disposed of by agreement, will be decided by the Chiefഀ
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final andഀ
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision,ഀ
the Local Agency mails or otherwise furnishes to the State a written appeal addressed to theഀ
Executive Director of the Department of Transportation. In connection with any appeal proceedingഀ
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offerഀ
evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agencyഀ
shall proceed diligently with the performance of the contract in accordance with the Chief Engineer'sഀ
decision. The decision of the Executive Director or his duly authorized representative for theഀ
determination of such appeals will be final and conclusive and serve as final agency action. Thisഀ
dispute clause does not preclude consideration of questions of law in connection with decisionsഀ
provided for herein. Nothing in this contract, however, shall be construed as making final theഀ
decision of any administrative official, representative, or board on a question of law.ഀ
Page 11 of 12ഀ
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACTഀ
LOCAL AGENCY:ഀ
TOWN OF VAILഀ
Legal Name of Contracting Entityഀ
CDOT Vendor Number 2000003ഀ
Signature of Authorized Officerഀ
Print Name & Title of Authorized Officerഀ
LOCAL AGENCY:ഀ
(A Local Agency seal or attestation is required.)ഀ
Attest (Seal) Byഀ
(Town/City/County Clerk)ഀ
STATE OF COLORADO:ഀ
BILL RITTER, JR.ഀ
GOVERNORഀ
Byഀ
For Executive Directorഀ
Department of Transportationഀ
(Place Local Agency seal here, if available)ഀ
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLERഀ
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the Stateഀ
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performanceഀ
until the contract is signed and dated below. If performance begins prior to the date below, the State of Coloradoഀ
may not be obligated to pay for the goods and/or services provided.ഀ
STATE CONTROLLER:ഀ
DAVID J. MC DERMOTT, CPAഀ
By:ഀ
Date:ഀ
Page 12 of 12ഀ
Exhibit Aഀ
SCOPE OF WORKഀ
Itഀ
EXHIBINT Aഀ
COLORADO DEPARTMENT OF TRANSPORTATION I Orig.Date: 09/09/2008ഀ
DESIGN DATA I Rev.Date:ഀ
Revision I<: 0ഀ
Page 1 to 3 I Region 1t: 03ഀ
Status: ® Preliminary[] Final ❑ Revisedഀ
Submitted By PM: LOMBARDIP Approved by Program Engineer:ഀ
Date:ഀ
Revised by:ഀ
Date: I Iഀ
Geographic Location: VAIL 1-70 FRONTAGE ROADS MP 173ഀ
Type of Terrain: Mountainousഀ
Description of Proposed ConstructioNlmprovement(Attach map showing site location)ഀ
REALIGN 1-70 FRONTAGE ROADഀ
a Project Characteristics (Proposed)ഀ
❑ഀ
Lightingഀ
❑ഀ
Handicao Rampsഀ
❑ഀ
Curb and Gutterഀ
❑ഀ
Curb Onlyഀ
Flഀ
Sldwaik Width--ഀ
F-1ഀ
Bikeway Width=ഀ
❑ഀ
Parking Lane Width=ഀ
Qഀ
Detoursഀ
❑ഀ
Landscaping requirements (description):ഀ
Right of Wayഀ
Yes/No Est. 8ഀ
ROW Wor Perm. Easement Requiredഀ
Noഀ
Relocation Requiredഀ
Noഀ
Temporary Easement Required:ഀ
Noഀ
Changes in Access:ഀ
Noഀ
Changes to Connecting Roads:ഀ
Noഀ
Railroad Crossingsഀ
If of Crossings:ഀ
Recommendations :ഀ
Project Code If (SA#): 17020 I STIPA: SIN7010ഀ
Project a: CC 0702-287ഀ
PE Project Code:ഀ
Project Description: 1-70 Vail Frontage Road - Evervailഀ
County: 037ഀ
Municipality: Vailഀ
System Code: (-Interstateഀ
Oversight By: X-Full Oversightedഀ
Planned Length: 2.000ഀ
Median (Type): ❑ Depressed ❑ Painted ❑ Raised ❑ Noneഀ
❑ Traffic Control Signals ❑ Strioingഀ
Left-Turn Slots ❑ Continuous Width=ഀ
F1 Right-TumSlots F-) Continuous Width-ഀ
Signing R Construction Permanentഀ
❑ Other (description):ഀ
a Utilities (list names of known utility companies)ഀ
Unknownഀ
0 1 Environmental Type: Approved On: Project Code M Cleared Under: Project M Cleared Under:ഀ
Noneഀ
Comments:ഀ
Coordinationഀ
❑ Withdrawn Lands (Power Sites, Reservoirs, Etc.) Cleared through BLM or Forest Service Offk:e Irrigation Ditch Name:ഀ
❑ New Traffic Ordinance Required ❑ Modify Schedule of Existing Ordinance Muncipality: Vailഀ
Other:ഀ
Construction Method I Advertised By: NoAd Reason: Entity / Agency Contact Name: I Phone Cഀ
Stateഀ
Safety Considerations 7 Project Under: Guardrail meets current standards:ഀ
❑ Variance in Minimum Design Standards Required ❑ Safety project not all standards Comments:ഀ
❑ Justification Attached ❑ Request to be Submittec addressedഀ
Q Bridge(see Item 12) n See Remarksഀ
❑ Stage Construction (explain In remarks)ഀ
3R projectsഀ
Safety Evaluation Comoiete (date):ഀ
Noഀ
E)(VAIBഀ
00ഀ
mഀ
Gഀ
q 1 ~ 7ഀ
Oഀ
Sഀ
aഀ
aഀ
Nഀ
Nഀ
~tഀ
C1ഀ
❑ഀ
Fഀ
oഀ
r nഀ
N toഀ
Mഀ
C U ~ lS ~ _ r- _ „n...ഀ
N N a 9 fL '8 N aഀ
~ 3e ~ ~ U o 1= ~ N 6. y 7 ~ 'S 4 ~ ~ഀ
V Nഀ
a 01" m ¢wu~LLഀ
Ct _ഀ
a ~ഀ
EXHIBITAഀ
Page 3 of 3 1Project Code p(SAA): Project 8: I Revise Date:ഀ
17020 I CC 0702-287ഀ
Major Structures S= to stay, R= to be removed, P= proposed new structureഀ
Reference Standard Structure Structural Horizontal Vertical Yearഀ
Structure IN I • I Length I Point I Feature Intersected I Width l Roadway 1C apacity Clearance I Clearance I Builtഀ
Proposed Treament of Bridges to Remain in Place(address bridge rail, capacity, and allowable surfacing thickness):ഀ
id Remarksഀ
Exhibit Bഀ
LOCAL AGENCYഀ
ORDINANCEഀ
orഀ
RESOLUTIONഀ
Exhibit Cഀ
SAMPLE IGA OPTION LETTERഀ
(This option has been created by the Office of the State Controller for CDOT use only)ഀ
NOTE: This option is limited to the specific contract scenarios listed below AND cannot be used in place of exercising a formalഀ
amendment.ഀ
Date: State Fiscal Year: Option Letter No. CLIN Routing #ഀ
Contractor / Local Agency :ഀ
A. SUBJECT: (Choose applicable options listed below AND in section B and delete the rest)ഀ
1. Option to renew (for an additional term) applies to Highway and Signal maintenanceഀ
contracts ONLY; this renewalഀ
cannot be used to make any change to the original scope of work;ഀ
2. Level of service change within current term due to an unexpected Local overmatch on an overbidഀ
situation ONLY;ഀ
3. Option to add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals orഀ
Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads);ഀ
4. Option to update funding (a new Section 4. Project Funding Provisions must be refernced with theഀ
option letter and shall be labeled Revision 1 to Section 4. Project Funding Provisions (future changesഀ
for this option shall be labeled as follows: Revison 2, etc.)ഀ
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forthഀ
below:ഀ
(Insert the following Ianrtuage for use with Ootions #11L.ഀ
In accordance with Paragraph(s) of contract routing number (insert FY. Aaencv code. & CLINഀ
routina #J, between the State of Colorado, Department of Transportation, and (insert contractor's name) theഀ
state hereby exercises the option for an additional term of (insert verformance period here) at a cost/priceഀ
specified in Paragraph/Section/Provision of the original contract, AND/OR an increase inഀ
the amount of goods/services at the same rate(s) as specified in Paragraph of theഀ
original contract.ഀ
(Insert the following lanquaae for use with Option #21L.ഀ
In accordance with the terms of the original contract (insert FY. Aaencv code & CLIN routina between theഀ
State of Colorado, Department of Transportation and (insert contractor's name here), the State herebyഀ
exercises the option to record a level of service change due to unexpected overmatch dollars due to anഀ
overbid situation. The contract is now increased by (indicate additional dollars here) specified inഀ
Paragraph/Section/Provision of the original contract.ഀ
(Insert the following lanauaae for use with Option #31:ഀ
In accordance with the terms of the original contract (insert FY. Aaencv code & CLIN routina between theഀ
State of Colorado, Department of Transportation and (insert contractor's name here), the State herebyഀ
exercises the option to add an overlapping phase in (indicate Fiscal Year here) that will include (describeഀ
which vhase will be added and include all that aovly - Desian. Construction. Environmental. Utilities. ROWഀ
incidentals or Miscellaneous). Total funds for this contract remain the same (indicate total dollars here) asഀ
referenced in Paragraph/Section/Provision/Exhibit of the original contract.ഀ
(insert the following language for use with Option #41:ഀ
In accordance with the terms of the original contract (insert FY. Aaencv code & CLIN routina betweenഀ
the State of Colorado, Department of Transportation and (insert contractor's name here), the State herebyഀ
exercises the option to update funding based on changes from state, federal, local match and/or localഀ
agency overmatch funds. The contract is now (select one: increased and/or decreased) by (insert dollarsഀ
here) specified in Paragraph/-Section/-Provision/Exhibit of the original contract. A newഀ
Section 4. Project Funding Provisions is made part of the original contract and replaces the originalഀ
Section 4. Project Funding Provisions.ഀ
Exhibit C - Page 1 of 2ഀ
Exhibit Cഀ
(The following lanauaae must be included on all ootions):ഀ
The amount of the current Fiscal Year contract value is (increased/decreased) by amount of chance) to aഀ
new contract value of ) to satisfy services/goods ordered under the contract for the currentഀ
fiscal year (indicate Fiscal Year). The first sentence in Paragraph/Section/Provision is herebyഀ
modified accordingly.ഀ
The total contract value to include all previous amendments, option letters, etc. isഀ
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever isഀ
later.ഀ
APPROVALS:ഀ
For the Contractor / Local Aaencv :ഀ
Legal Name of Contractor / Local Agencyഀ
By:ഀ
Print Name of Authorized Individualഀ
Signature:ഀ
Date:ഀ
Title: Official Title of Authorized Individualഀ
State of Colorado:ഀ
Bill Ritter, Jr., Governorഀ
By: Date:ഀ
Executive Director, Colorado Department of Transportationഀ
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER,ഀ
CRS §2430-202 requires the State Controller to approve all State Contracts. This Contract is notഀ
valid until signed and dated below by the State Controller or delegate. Contractor is not authorizedഀ
to begin performance until such time. If Contractor begins performing prior thereto, the State ofഀ
Colorado is not obligated to pay Contractor for such performance or for any goods and/orഀ
services provided hereunder.ഀ
State Controllerഀ
David J. McDermott, CPAഀ
By:ഀ
Date:ഀ
Issuance date: July 1, 2008ഀ
Exhibit C - Page 2 of 2ഀ
Exhibit Dഀ
LOCAL AGENCYഀ
CONTRACT ADMINISTRATIONഀ
CHECKLISTഀ
CDOT Form 1243ഀ
NOT APPLICABLE TO THIS AGREEMENTഀ
Exhibit Dഀ