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HomeMy WebLinkAbout2020-28 CDOT BermRESOLUTION NO. 28 Series of 2020 A RESOLUTION APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING CONSTRUCTION OF A BERM WHEREAS, the Town and the are parties to an intergovernmental agreement for the construction of the West berm area, on the North side of Interstate 70, at approximate milepost 178-179; WHEREAS, the Town and CDOT wish to enter into an amendment to the IGA (the Exhibit A and made a part hereof by this reference, to revise the amount of fill each party is required to contribute to the berm. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA Amendment in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute the IGA Amendment on behalf of the Town. 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 of Vail held this 16th day of June 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk PO #: 351001301 Routing #: 16-HA3-XE-00090-M0002 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 16-HA3-XE-00090-M0002 Local Agency Town of Vail Original Agreement Routing Number 16-HA3-XE-00090 Agreement Maximum Amount Initial term State Fiscal Year Extension terms State Fiscal Year State Fiscal Year State Fiscal Year State Fiscal Year Total for all state fiscal years $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Agreement Performance Beginning Date The later of the effective date or July 20, 2016 Initial Agreement expiration date July 19, 2021 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 ___________________________________________ Stephen Harelson, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY Town of Vail ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ LOCAL AGENCY (2nd Signature if Necessary) ___________________________________________ Signature ___________________________________________ By: (Print Name and 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 Effective Date:_____________________ PO #: 351001301 Routing #: 16-HA3-XE-00090-M0002 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1) PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the 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 The Parties’ respective performances under this Amendment and the changes to the 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 CDOT and the Town of Vail entered into an Agreement for the Design and Construction of the West berm area, on the north side of Interstate 70 at approximate Milepost 178-179. The original Agreement listed the Total fill for the project approximately 71,000 cubic yard. CDOT was responsible for approximately 41,000 cubic yards and Town of Vail was responsible for approximately 30,000 cubic yards. The parties now wish to change the amount each party will be responsible for filling. Vail will be responsible for filling approximately 44,600 cubic yards and CDOT will be responsible for filling approximately 26,400 cubic yards for a total of approximately 71,000 cubic yards. 5) MODIFICATIONS Exhibit A, Scope of Work is removed and replaced in its entirety with Exhibit A-1, Scope of Work attached hereto and incorporated herein by reference. Upon execution of this Amendment, all references in the Agreement to Exhibit A will be replaced with Exhibit A-1. 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 Exhibit A-1 Page 1 of 1 Exhibit A-1 SCOPE OF WORK SEDIMENT CONTROL STORAGE 1-70 M.P. 178.0 - 179.0 CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the Design and Construction of the West berm area, on the north side of Interstate 70 at approximate Milepost 178-179. The East berm is completed, the West berm will be located on CDOT right-of-way, Tract C (see Exhibit C) and an easement that was granted to the Town of Vail through a separate agreement with the Bald Mountain Townhome Association and will be shared between CDOT and Town of Vail. East Phase- Completed West Phase •TheTown willberesponsibleforthedesignofthe West berm including drainage, utilities, and retaining walls. CDOT will not participate in the cost, shown on Exhibit B. • Total fill approximately 71,000 cubic yards: o Approximately 26,400 cubic yards (CDOT) in the berm on Tract C and I-70 ROW o Approximately 41,600 cubic yards (Town of Vail) •The Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will assist the Town with the CDOT environmental, ROW, and utility clearance. •The Town cannot begin construction until the design is approved by CDOT. •The Town will conduct operations during one of those years at an accelerated schedule and will be responsible as outlined in the SOW. CDOT can work in conjunction with the town of Vail's operation on a limited schedule. •FHWA will only grant Town access across the A-Line for one construction season. Prior to granting approval, an operational analysis of the traffic impacts caused by the MHT will be completed. •An approved MHT plan must be in place prior to the start of construction. • Atany time unsafe traffic operations are brought to the attention of CDOT, Town access across the A- line will be revoked until an appropriate traffic control plan is developed by the Town and CDOT approval is granted. • The Town can work in conjunction with CDOT’s operations on a limited schedule with prior approval. • The Town will conduct operations during one year at an accelerated schedule. CDOT can work in conjunction with the Town’s operation on a limited schedule. Planting trees and all irrigation work shall be accomplished on the 5°' year of this contract. The Town shall only break the A-line during one construction season and only for the purpose of this project. •CDOT willberesponsible forallthelabor, materials andequipment forgradingthebermtothe approved plans. •CDOT will be responsible for obtaining a construction storm water discharge permit from the Colorado Department of Public Health and Environment (CDPHE). •CDOT will be responsible for all the labor, materials and equipment for revegetating the site per the approved plans and CDOT’s construction storm water discharge permit and storm water management plans. •Work will begin on the Bald Mountain Townhome Association easement portion of the berm in 2016 and be completed prior to placement of material on Tract C. •CDOT will be responsible for all labor, materials, and equipment to complete the embankment traffic control, storm water management, rough grading, topsoil and seeding of the West Phase as shown on the grading plan. •CDOT will conduct operations up to a five (5) year time. The Town can still haul material in conjunction with CDOT’s operations on a limited schedule.