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HomeMy WebLinkAbout2023-12 A Resolution Approving an IGA between the Town of Vail and CDOT regarding Sediment Control Disposal Area on the North Side of I70 at approximaately M.P. 178-179RESOLUTION NO.12 Series of 2023 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING SEDIMENT CONTROL DISPOSAL AREA ON THE NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178-179; 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"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and the Colorado Department of Transportation ("CDOT') wish to enter into an Intergovernmental Agreement ("IGA") for the construction of a Sand/Din Storage Facility on Interstate 70 Right of Way, in the Town Tracts for the purpose of Sand/Dirt storage and to provide aesthetic and noise mitigation to the surrounding neighbors; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney, for the constriction of the berm on the north side of Interstate 70 at approximate milepost 178-179. 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 211 day of May, 2023. ATTEST: <���- 111-� Stephanie Bibbens Town Clerk Kim Langmai Town Mayor OF o �GO �'°ORAN OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 1 of 7 ($0.00 Maintenance and Operations) Rev 10/03 TOWN OF VAIL, Sand Storage Berm, Phase IV Region: 3 (SMW) CONTRACT THIS AGREEMENT is entered into by and between TOWN OF VAIL (hereinafter called the “Local Agency” or “Contractor”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”). RECITALS 1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Contract Encumbrance Amount: $0.00. 2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3.Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4.The parties desire to enter into this Contract to delineate each Parties’ responsibilities for maintenance and construction of the Vail Sand Berm, and surrounding area detailed in Exhibits A and B. 5.The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost. 6.The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of maintenance and construction of the sand/dirt storage area in the Town of Vail as hereinafter set forth. 7.The Contractor has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The work under this contract shall consist of construction of a sand/dirt storage area in the Town of Vail, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1.Special Provisions contained in section 22 of this Contract 2.This Contract 3.Exhibit A (Scope of Work) 4.Exhibit B (Map) 5.Additional Exhibits, as listed in descending order. Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on January 1, 2023, whichever is later. The term of this contract shall be thru January 1st, 2036. Section 4: State & Local Agency Commitments: CDOT and the Local Agency shall be responsible for "highway maintenance and operations" for specific structure and highway segments described herein. Such responsibilities are detailed in Exhibit A. Section 5. Record Keeping The Parties shall each maintain a complete file of all records, documents, communications, and other written materials, which pertain to the maintenance and operations plans under this Contract. The Parties shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit maintenance and OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 2 of 7 operations project records. Section 6. Termination Provisions This contract may be terminated as follows: A.This Contract may be terminated by either party upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party. Notwithstanding the above, this Contract may also be subject to: 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 contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract 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. Section 7. Legal Authority Both Parties hereto warrant that they possess the legal authority to enter into this Contract and that they have taken all actions required by their respective procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatories to execute this Contract and to bind their respective entities to its terms. The person(s) executing this Contract on behalf of each Party warrants that such person(s) has full authorization to execute this Contract. Section 8. Representatives and Notice All communications relating to the work shall be exchanged between representatives of the State’s Transportation Region 3 and the Local Agency. Said Region Director will also be responsible for coordinating the State's activities under this Contract 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 2 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. If to State If to the Local Agency CDOT Region: 3 Town of Vail Karen Berdoulay Chad Salli Project Manager Senior Town Engineer PO Box 298 1309 Elkhorn Drive Eagle, CO 81631 VAIL, CO 81657 970-328-9934 970-479-2124 Section 9. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 10. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract 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 contract shall be deemed an incidental beneficiary only. Section 11. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract 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. OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 3 of 7 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 12. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 13. Waiver The waiver of any breach of a term, provision, or requirement of this contract 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. Section 14. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 15. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 16. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A.Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Section 17. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, 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 contract 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 contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 18. Does not supersede other agreements OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 4 of 7 This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to perform. Section 19. Subcontractors The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subcontractor. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State; which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 20. Statewide Contract Management System If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this §Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a statewide contract management system. Local Agency’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Local Agency’s performance shall be part of the normal contract administration process and Local Agency’s performance will be systematically recorded in the statewide contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 5 of 7 Section 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 6 of 7 State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 7 of 7 Section 22. 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. THE LOCAL AGENCY TOWN OF VAIL Name:_______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date:_________________________________________ STATE OF COLORADO Jared S. Polis Department of Transportation By___________________________________________ Keith Stefanik, P.E. or Designee, Chief Engineer (For) Shoshana M. Lew, Executive Director Date:_________________________________________ 2nd Local Agency Signature if needed Name:_______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date:_________________________________________ STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General By___________________________________________ Signature – Assistant Attorney General 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 OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date:______________________________________ OLA #: 331002957 Routing #: 23-HA3-XC-00026 Exhibit A - Page 1 of 1 EXHIBIT A SCOPE OF WORK PHASE III BERM SEEDING AND PHASE IV - BERM CONSTRUCTION SAND STORAGE BERMS I-70 MP 178.0 – 179.0 CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the construction of a new Phase IV berm on the furthest west side of the existing berms and seeding the Phase III existing berm on the north side of Interstate 70 at approximate milepost 178-179. The Phase IV berm will be located on CDOT right-of-way and Town of Vail owned Tract C, see Exhibit B. Seeding the Phase III berm will be on existing CDOT right-of-way and Town of Vail owned Tract C, see Exhibit B. Phases I and II East Phase – Completed Phase III West phase – Completed with the portion completed in 2022 requiring seeding. Phase IV Furthest West phase – to begin in 2023 Phase III West phase – Seeding & Phase IV Furthest West - Construction •Total additional capacity approximately 65,000 cubic yards o Approximately 37,500 cubic yards (CDOT) o Approximately 27,500 cubic yards (Town of Vail) •The Town will obtain all necessary Town of Vail clearances. •CDOT will obtain all necessary CDOT clearances. •The Town may only access the berm from I-70 in conjunction with CDOT’s operations with prior approval on a limited schedule with Town equipment and forces only or with a Special Use Permit including an MHT submitted. •The construction of the Phase IV berm will follow the approved design and footprint, see Exhibit B. •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 labor, materials and equipment for revegetating the berm per the approved plans and CDOT’s construction storm water discharge permit and stormwater management plans. © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS EX-U E EX-UE EX-FO 1" = 150' 12/8/2022FINAL DRAWINGS C241AERIAL OVERALL PLAN BYNO. DATE PROJECT NO.REVISIONDRAWN: CHECKED: DATE SCALE CALL 811 BEFORE YOU DIG RB Civil LLC Phone (970) 471-1103 www.rbcivil.com 79 Ermine Lane Carbondale, Colorado 81623 2102 TOWN OF VAIL PUBLIC WORKS DEPARTMENT EAST VAIL BERM - PHASE 4 INTERSTATE 70 MILE MARKER 178.3068 VAIL, COLORADO, EAGLE COUNTY RAB RAB C: \ U s e r s \ r o m e a \ O n e D r i v e \ C i v i l - P r o j 2 1 \ 2 1 0 2 E V B \ D w g \ C D \ E V B C - S t a t e P l a n e - E x h i b i t T o w n h o m e . d w g , 1 2 / 8 / 2 0 2 2 1 0 : 4 4 : 2 6 A M , D W G T o P D F . p c 3 , 1: 1 EXHIBIT B Map OLA #: 331002957 Routing #: 23-HA3-XC-00026 Exhibit B - Page 1 of 1 EXHIBIT C LOCAL AGENCY RESOLUTION (IF APPLICABLE) Exhibit C - Page 1 of 1 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 1 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 2 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 3 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 4 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 5 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 6 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 7 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 8 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 9 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 10 of 16 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 11 of 16 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: _________________________ DocuSign Envelope ID: A80EE855-E9C6-488E-9162-89916E40BF59 Scott Robson Town Manager 6/26/2020 6/26/2020 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 12 of 16 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 approxima tely 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 Agreeme nt 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 DocuSign Envelope ID: A80EE855-E9C6-488E-9162-89916E40BF59 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 13 of 16 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 •The Town will be responsible for the design of the 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 44,600 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. •At any 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 will be responsible for all the labor, materials and equipment for grading the berm to the 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. DocuSign Envelope ID: A80EE855-E9C6-488E-9162-89916E40BF59 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 14 of 16 OLA #: 351001301 Routing #: 16-HA3-XE-00090-M0005 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 2 Project #: N/A SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 16-HA3-XE-00090-M0005 Local Agency TOWN OF VAIL Original Agreement Routing Number 16-HA3-XE-00090 Agreement Maximum Amount $0.00 Agreement Performance Beginning Date July 20, 2016 Agreement expiration date December 31, 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: _________________________ DocuSign Envelope ID: 9994399A-40EF-492A-A599-2BDDFE7CB5C9 7/15/2021 Town ManagerScott Robson 7/15/2021 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 15 of 16 OLA #: 351001301 Routing #: 16-HA3-XE-00090-M0004 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 parties now wish to extend the Agreement Expiration Date. 5)MODIFICATIONS This Amendment will extend the Agreement Expiration Date to a new Agreement Expiration Date of December 31, 2021. 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 DocuSign Envelope ID: 9994399A-40EF-492A-A599-2BDDFE7CB5C9 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 16 of 16 Exhibit E- Page 1 of 1 EXHIBIT E PII Certification STATE OF COLORADO LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________ (legal name of Local Agency) (the “Local Agency”), hereby certify under the penalty of perjury that the Local Agency has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court-issued subpoena, warrant or order. I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Local Agency. Signature: __________________________ Printed Name: __________________________ Title: __________________________ Date: ___________