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Home My WebLink AboutC19-011 Colorado Department of TransportationMaintenance and Operations I -70G Edwards Interchange Eagle County Region 3 (rbs) CONTRACT Routing #: 19-HA3-XC-00110 SAP #: 331001850 tet-' THIS CONTRACT executed, this Jiday of J-9tiL4fc1( 804-R, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "State" or "CDOT", and the EAGLE COUNTY GOVERNMENT, PO Box 850, Eagle, Colorado, 81631, CDOT Vendor#: 2000124, hereinafter refereed to as the "County" or the "Local Agency"; CDOT and the Local Agency individually shall be refereed to as "Party", and together shall be referred to as the "Parties." RECITALS An interchange upgrade at the I -70G Edwards Interchange was completed by CDOT in pursuant to the intergovernmental agreement with Eagle County for project NHPP 0702-344 (19944) hereinafter referred to as the "Project"; and The Parties recognize the importance and benefit to their respective systems by the County's operation and maintenance of the Project features; and The Parties desire to agree upon the division of responsibility for their respective maintenance and operation obligations on the Project (the "Work") as shown in Exhibit A; and The County is adequately staffed and suitably equipped to undertake and satisfactorily carry out its operations and maintenance responsibilities under this contract; and Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and This contract is executed by the State under authority of Sections 43-1-106, 43-1-110, 43-1-201, et seq., 43-2-102 and 43-2-144 C.R.S., as amended; and The Local Agency agrees by its execution hereof that it is duly authorized to enter into this contract which authorization may be evidenced by an appropriate ordinance/resolulion or authority letter. A copy of any such ordinance/resolution or authority letter may be attached as Exhibit B. The provision by the Local Agency to CDOT of such ordinance/resolution or authority letter is at the Local Agency's discretion. NOW, THEREFORE, it is hereby agreed that: I. PROJECT DESCRIPTION The "Work" under this contract shall consist of the maintenance and operations for the I - 70G Edwards Interchange upgraded as part of the Project in the Eagle County. Page 1 of 4 C19-011 H. CDOT COMMITMENTS A. The State will provide liaison with the County through the State's Region Transportation Director, CDOT Region 3, 222 South 6th Street, #317, Grand Junction, Colorado 81501, (970) 683-6284. Said Director will also be responsible for coordinating the State's activities under this contract. State liaison will also be provided through: Randy McIntosh, LTC Ops 1 10519 Hwy 6 Gypsum, Colorado 81637 970-524-0627 rand y.mcintosh @ state.co.us B. Upon the execution of this contract, CDOT shall accept maintenance responsibility for the portions of the Work identified as CDOT's area of responsibility for the Work shown in Exhibit A. C. By approving said agreement, CDOT grants the County access to enter CDOT ROW to perform maintenance duties. Though a separate access permit will not be required, notification to CDOT of a County approved and CDOT accepted Method of Handling Traffic (MHT) shall be required for work impacting traffic. III. COUNTY COMMITMENTS A. The County will provide liaison with the State through: Ben Gerdes, Eagle County Engineer Eagle County Government Engineering Department PO Box 850 Eagle, Colorado 81631 970-328-3564 Ben.gerdes@eaglecounty.us B. Upon the execution of this contract, the County shall accept maintenance responsibility for the portions of the Work identified as the County's area of responsibility for the Work shown in Exhibit A. C. The Local Agency shall, at its own cost and expense, maintain, operate, replace, and make ample provision each year for the maintenance of those portions of the Work identified as the County's area of responsibility, as shown in Exhibit A. Such maintenance and operations shall be in accordance with all applicable federal and state statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligations to maintain such improvements. D. Maintenance services to be performed by the County at its sole expense under this contract shall include the services shown in Exhibit A. By approving said agreement the County grants CDOT access to enter County ROW to perform maintenance duties. E. The County shall perform the maintenance services in a satisfactory manner, and in accordance with the terms of this contract, and in accordance with CRS §43-2-135, incorporated herein by reference. Page 2 of 4 F. By approving said agreement, the County grants CDOT access to enter County ROW to perform maintenance duties. Though a separate access permit will not be required, notification to the County of a CDOT approved and County accepted Method of Handling Traffic (MHT) shall be required for work impacting traffic. IV. GENERAL PROVISIONS A. 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. B. 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 terns 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. The waiver of any breach of a terns hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. C. 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 affect 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 written contract executed and approved pursuant to the State Fiscal Rules. D. 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. E. The term of this contract shall begin the date first above written and shall extend for the useful life of the improvements, unless earlier modified or terminated by written agreement of the Parties hereto. F. 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 Parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the Parties that any person or entity other than the Parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only. G. The County assures and guarantees that it possesses the legal authority to enter into this contract. The County warrants 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 contract and to bind the County to its terms. The person(s) executing this contract on behalf of the County warrants that they have full authorization to execute this contract. Page 3 of 4 SIGNATURE PAGE Agreement Routing Number: 19-HA3-XC-00110 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 STATE OF COLORADO EAGLE COUNTY GOVERNMENT John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Michael P. Lewis, Executive Director Print: Tide: By: Joshua LaiPP1Y, P.E., Chief Engineer *Signature Date: Date: I— ;Z° /T 2nd Local Agency Signature if needed LEGAL REVIEW Cynthia H. Coffman, Attorney General Print: By: Signature - Assistant Attorney General Tide: ---' *Signature Date: Date: Page 4 of 4 EXHIBIT A — SCOPE Exhibit A — Scope of Work CDOT Region 3 I-70 Edwards Interchange Upgrade Phase 2 — Maintenance Agreement CDOT Project No. NHPP 0702-344 (19944) 16 August 2018 Maintenance Responsibilities: Item Eagle County CDOT Pedestrian Bridges at UPRR X and Eagle River Water Quality Vault (East of X Spur Road and South of Eagle River) — Including Periodic clean out Irrigation and landscaping X installed by the project Decorative features including X Features Walls and Town -Signs Sweeping of Pavement along X Road -Spur Snow Removal Accesses, Sidewalks and multi- Roadway and use path roundabout Recreation Path X Electrical and Lighting Decorative lighting including Overhead lights lighted bollards and overhead for roadway lights NOT for roadway lighting lighting including outlets, feature wall lighting and RRFB electrical. Retaining Walls and Roadway Decorative aspects to retaining Structural aspects Structures walls and structures. Including to retaining walls graffiti removal and roadway structures Pedestrian Railing X Storm Sewer System X Sediment Vault) -(Excluding Hardscape including X Pavement, Curb & Gutter, Splitter Islands, median cover material, and Truck Aprons Minor Pavement Maintenance X — Pothole repair, crack 714 Grand Avenue, PO Box 298, Eagle, CO 81631 P 970.328.9990 F 970.328.2368 www.coloradodot.Info sealing, etc. Guardrail X Any damage to the roadway Repaired at the expense of the that results from failure of County aspects maintained by the Count Signing and Striping RRFB maintenance including X (Excluding electrics stem RRFB's) `The County shall apply for a landscape and/or special use permit prior to any additional improvementson the project. Upon the closure of the project, the above responsibilities take effect. The above delineations apply only to new construction produced by the project. Existing unaltered appurtenances will continue to be maintained as they are currently. Any transfer of maintenance responsibilites to CDOT from Eagle County as described herein will no occur unlesstitle of all ROW hasbeen conveyed to CDOT. 714GrandAvenue, POBox298, Eagle, C081631 P970.328.9990 F970.328.2368 www.coloradodot.Info