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HomeMy WebLinkAbout2015-23 IGA with CDOT for I70 Underpass AgreementRESOLUTION NO. 23 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE CONSTRUCTION OF THE 1-70 VAIL UNDERPASS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town desires to partner with the Colorado Department of Transportation ("CDOT") to construct the 1-70 Vail Underpass (the "Project"); WHEREAS, the Project, located at approximately halfway between the main and west Vail exists, will connect the north and south Frontage Roads and improve pedestrian and vehicular circulation throughout the Town; WHEREAS, the Council's approval of Resolution No. 2 3, Series 2015, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with CDOT on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED PASSED AND ADOPTED at a regular meeting of the Town Council of the Town o) Vail held this 21 day of July, 20-15. andrew P. D =g Town Ma Ate_ P y Mc envy T wn Cie Resolution No. 23, Series of 2015 �; LOCAL $ CDOTWRK RAMP 3-09 PROJECT: STA 0702-327 (19094) REGION: # 3 (WMA) AGREEMENT THIS AGREEMENT is executed this day of Routing # TBD (internal CDOT info) SRM # TBD (internal CDOT info) 20, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation (State or CDOT) and Town of Vail, 75 South Frontage Road West, Vail, Colorado, 81657, (City or Local Agency) CDOT Vendor #: 2000003, and the State and the Local Agency together shall be referred to as the "Parties." RECITALS 1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 2. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; 3. Governor John Hickenlooper and Colorado Department of Transportation Executive Director Don Hunt announced on December 14, 2012, the Responsible Acceleration of Maintenance and Partnerships (RAMP) program to accelerate completion of transportation projects. 4. The Local Agency submitted an application (Application) to CDOT for approval by the Colorado Department of Transportation Commission to participate in the RAMP program. 5. The Colorado Department of Transportation Commission adopted Resolution TC -3106 on October 17, 2013 approving the list of projects shown in the document entitled "RAMP Partnership and Operations Projects — Preliminary Recommendations 10/16/2013 (Projects List)." 6. Pursuant to the Application under RAMP program, the Local Agency has made funds available for project STA 0702-327(19094), which shall consist of improvements to a multi- modal connectivity between north and south sides of I-70 within the Town of Vail, referred to as the "Project", and the Local Agency shall contribute funding towards the Project (Contribution). The work will be performed in the Town of Vail, Colorado, as described in Exhibit A. Exhibit Page 1 of 11 A is attached hereto and incorporated by this reference as herein set forth. 7. The Local Agency has budgeted funds and desires to provide its Contribution for the Project. 8. The Local Agency has estimated the Contribution and is prepared to provide the funding required for its Contribution toward the Project, as evidenced by appropriate ordinances or resolutions duly passed and adopted by the authorized representatives of the Local Agency, which authorizes the Local Agency to enter into this agreement and to expend funds in support of the Project. 9. This agreement 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. 10. The parties hereto desire to agree upon the division of responsibilities with regard to the Project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work G� The Project under this agreement shall consist of improvements to a multi -modal connectivity between north and south sides of I-70 within the Town of Vail, and the Local Agency shall provide its Contribution toward the Project, in the Town of Vail, Colorado, as described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this agreement and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This agreement 2. Exhibit A (Scope of Work) Section 3. Term This agreement shall be effective upon approval of the CDOT Chief Engineer or designee. The term of this agreement shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Page 2 of 11 Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this agreement, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. B. The Contribution is estimated to be $7,260,000.00. ROW, Utility and Construction Phases Local Agency Contribution $7,260,000.00 The Local Agency has contributed approximately $1,470,000 (of which $200,000 was in-kind staff services) through a separate agreement for the Design Phase of Project STA 0702-327 (19094). The Local Agency total project commitment for Project STA 0702-327 (19094) is $8,730,000.00. C. Should the project receive construction, utility, and/or right of way total expenditures less than the estimated amount, the Local Agency Contribution will be lowered according by percentage based on the funding amounts shown in the Application. For this agreement the percentages are 71% for Ramp Funding and 29% Local Agency Contribution. Section 5. Changes in Project Costs CDOT and the Local Agency Partner will assess at the Final Office Review (FOR) the project budget to be contracted. Changes to the Project may trigger a revision to Exhibit A as well as the project Contribution. On a CDOT administered project, any cost increase discovered after the FOR will be the responsibility of CDOT, with the exception of the addition of a `Betterment", which will be at the request and the responsibility of the Local Agency. A betterment (Betterment) is defined as any substantive project change suggested by the Local Agency subsequent to the FOR. The determination of whether the change is minor or substantive shall be at the discretion of the CDOT Project Manager. Any Project cost increase subsequent to the FOR, that is not a result of a Betterment, shall be unilaterally administered by the State without amending this agreement. After the FOR, any cost savings, regardless of who is administering the project, or when the cost savings occurs, will be prorated according to the percentages shown in Section 4. Section 6. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this agreement. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such Page 3 of 11 B. The total Local Agency funding commitment for Project STA 0702-327 (19094) is $8,730,000.00. The distribution between phases is approximately: ROW, Utility and Construction Phases $6,985,000.00 Design Phase $1,745,000.00* The exact distribution between phases will be determined as the Design Phase completes. Local agency will contribute 29% of the total project costs up to $30,100,000.00. Project savings will be handled as described below in paragraph C. *The Local Agency will have contributed up to approximately $1,745,000.00 at the completion of the Design phase (of which $200,000 was in-kind staff services) through a separate agreement for the Design Phase of the Project STA 0702-327 (19094). other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 7. State and Local Agency Commitments The Scope of Work (Exhibit A) describes the work to be performed. A. Design [if applicable] 1. If the work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the State shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. C. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any 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 construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. Page 4 of 11 B. Construction [if applicable] 1. If the work includes construction, the State shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. The State is the responsible parry: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this agreement, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to 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 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non -concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the work under this project if no additional federal -aid funds will be made available for the project. C. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding Page 5 of 11 process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 8. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: Federal participation in right of way acquisition (3 111 charges), relocation (3 109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges); Federal participation in right of way acquisition (3 111 charges), relocation (3 109 charges) but no participation in incidental expenses (3114 charges); or No federal participation in right of way acquisition (3 111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at hqp://www.dot.state.co.us/ROW_Manual/. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Section 9. Utilities If necessary, the State will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the State will certify in writing that all such clearances have been obtained. Section 10. Railroads In the event the Project involves modification of a railroad company's facilities whereby the work is to be accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed Page 6 of 11 improvements and not proceed with that part of the work without compliance. The State shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal -aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal 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 of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 11. Environmental Obligations The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 12. Maintenance Obligations The Local Agency and CDOT will maintain and operate the improvements constructed under this agreement that are detailed and delineated under a separate Memorandum of Understanding, and in a manner satisfactory to the State and FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 13. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years after the date of termination of this agreement or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This agreement may be terminated as follows: A. Termination for Convenience. The State may terminate this agreement at any time the State Page 7 of 11 determines that the purposes of the distribution of moneys under the agreement would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the State shall thereupon have the right to terminate this agreement for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is 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 the Local Agency under this agreement shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the agreement by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until 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 default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the agreement had been terminated for convenience, as described herein. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this agreement and 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 agreement and to bind the Local Agency to its terms. The person(s) executing this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this agreement. Section 16. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 3, South 6t' Street, #317, Grand Junction, Colorado 81501. Said Region Director will also be responsible for coordinating the State's activities under this agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. Page 8 of 11 If to the State: Martha Miller, Resident Engineer CDOT Region 3 PO Box 298, 714 Grand Ave. Eagle, Colorado 81631 970-328-9933 martha.miller@state.co.us Section 17. Successors If to the Local Agency: Greg Hall, Public Works Director Town of Vail 1309 Elkhorn Dr. Vail, Colorado 81657 970-479-2158 ghall@vailgov.com Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 18. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this agreement to the contrary, no term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24- 10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. Severability To the extent that this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement 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 21. Waiver The waiver of any breach of a term, provision, or requirement of this agreement shall not be 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 9 of 11 Section 22. Entire Understanding This agreement 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 writing executed and approved pursuant to the State Fiscal Rules. Section 23. Survival of Agreement Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the agreement 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. Section 24. Modification and Amendment This agreement 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 agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law. Section 25. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and 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 the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Page 10 of 11 Section 26. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: Page 11 of 11 THE LOCAL AGENCY STATE OF COLORADO Town of Vail John W. Hickenlooper, GOVERNOR Print: Colorado Department of Transportation Shailen P. Bhatt, Executive Director Title: By: Joshua Laipply, P.E., Chief Engineer *Signature Date: Date: 2nd The Local Agency Signature if Needed By: Title: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: Page 11 of 11 SCOPE OF WORK CDOT Region 3 I-70 Vail Underpass CDOT Project No. STA 0702-327/19094 May 5, 2015 The project is located on the I-70 corridor between the West Vail (Mile Marker (MM] 173) and Vail (MM 176) interchanges. The purpose of the project is to improve multi -modal connectivity between the north and south sides of I-70 within the Town of Vail. The project is also expected to provide congestion relief at the Vail and West Vail I-70 interchanges. The Project will construct a new underpass of I-70 at approximately MM 174.8 to connect the existing North and South Frontage roads through compact roundabout intersections. The new underpass will consist of one driving lane and a bike path/sidewalk in each direction. There will be no new or changes connections to I-70 from the project. The Town of Vail managed the Design phase of the project. CDOT shared in the design costs through an existing Local Agency IGA with the Town. CDOT will manage the ROW, Utility and Construction phases of the project. The Town of Vail will share in the remaining project costs through this IGA. A separate Maintenance Memorandum of Understanding (MOU) will be complete for this project. The ROW phase of the project includes, but is not limited to, ROW plan authorization, property appraisals, parcel staking, property acquisition and condemnation if needed. The Utility phase of the project includes, but is not limited to, relocation of existing utility lines in the vicinity of the project to accommodate the construction. This may also include associated design work for the relocations to be paid to the Utility Owner if the relocation of the utility line is at the cost of the project. The Construction phase of the project includes, but is not limited to construction of two new structures on I-70 for EB and WB traffic, 2 compact roundabouts at the intersections with the North and South Frontage roads, the underpass connection road, lowering of the existing frontage roads to accommodate the new underpass, as well as associated utility relocations, construction of various retaining walls to accommodate the project, landscaping, lighting, irrigation, signing and striping. Various other site improvements may be constructed as well. The construction phase also includes Construction Engineering, inspection, and materials testing for Quality Acceptance. The work also includes costs associated with pre -construction services for the Construction Manager/General Contractor process including costs of an Independent Cost Estimator. It also includes design support services during construction by the design consultant as needed.