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HomeMy WebLinkAboutR03-044 Agreement with CDOT for Edwards Spur Road• G'~`~- • Commissioner moved adoption of the following esolution: BOARD OF COUNTY COMIYIISSIONERS COUNTY OF EAGLE, STATE OF COLORADOy RESOLUTION N0.2003-~ RESOLUTION APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF IlVIPROVEMENTS TO EDWARDS SPUR ROAD WHEREAS, the Board of County Commissioners of Eagle County (hereinafter "Board") wishes to enter into an Agreement with the Colorado Department of Transportation for the . design of improvements to Edwards Spur Road (hereinafter "Agreement"); and WHEREAS, the terms of the Agreement require its approval by resolution; and WHEREAS, the Board has reviewed the Agreement and approves the terms and conditions thereof; and . WHEREAS, the Board desires to authorize the execution of said Agreement and expenditure of funds as set forth in the Agreement; and WHEREAS, the Board is authorized to enter into such an agreement pursuant to C.R.S. 29-1-203 and 43-2-144; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONIlVIISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Agreement between the Colorado Department of Transportation and Eagle County in a form as attached hereto is approved and the Board hereby approves the execution of said Agreement. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. • • MOVED, READ AND ADOPTED b the Board of County Commissioners of the County of Eagle, State of Colorado, this /~ day of ~ , 2003. By: T .Stone ommi ' ne Arn M. Menconi Commissioner Commissioner ~ Q' /` seconded adoption of the foregoing resolution. The roll having been called, the vote as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Q,G. Commissioner Arn M. Menconi (~eCl.!/ This Resolution passed b vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS • i INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT, made this day of 2003, by and between the STATE OF COLORADO DEPARTMENT OF TRANSPORTATION, whose address is 4201 East Arkansas Avenue, Denver, CO 80222, hereinafter referred to as "the State" or "CDOT°, and EAGLE COUNTY, whose address is P.O. Box 850, Eagle, CO, 81631, FEIN 846000726H, hereinafter referred to as the "County", "Local Agency" or "Contractor". RECITALS WHEREAS, by correspondence dated August 23, 2002 the County mailed a letter to Mr. Owen Leonard, CDOT Region 3 Transportation Director, proposing the possibility of commencing design efforts on I-70G, also known as the Edwards Spur Road, in advance of the I-70 Programmatic Environmental Study being Completed; and WHEREAS, on October 11, 2002, at a meeting between the County and the State in the CDOT office in Glenwood Springs, the County indicated to the State their interest in the reconstruction of the I-70G being urgently needed within the entire length and extending 600 feet north and 350 feet south of the entire limits on I-70G; and WHEREAS, this project is in the 20 Year Plan for the 7t" Pot, however the project is not contained in the Statewide Transportation Improvement Plan (STIP) nor is the project in the Financially Constrained Plan for Other Regional Priorities; and WHEREAS, the CDOT Region 3 Transportation Director is unable to predict when this Project could be funded for construction in the 7th Pot within a 20 year time frame; and WHEREAS, the County has agreed to expend its own resources to perform Page 1 of 8 • • preliminary and final design; and WHEREAS, the State supports the County's Proposal and desires to contribute as a partner with the County, thus the CDOT Region 3 Environmental section will pursue a categorical exclusion (CAT - X) for this project. It is estimated .the CAT - X will be completed within 1 '/ years, and should maintain a shelf life of 3 - 5 years, if no action is taken. Preliminary design is required prior to beginning the category exclusion process; and WHEREAS, the County agrees to begin preliminary design, complying with all State and Federal rules and regulations. The County will begin the preliminary engineering by scheduling a scoping meeting including the FHWA and Felsburg Holt & Ullevig; and WHEREAS, the County estimates the total cost for Preliminary Design and Final Design for Intersection improvements, Bridge Widening, and Minor Improvements to be $800,000.00; and ROW acquisition costs are to be determined; and WHEREAS, the County understands and agrees that the State will provide no monetary assistance for this project; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the provisions of Sections 29-1-203, 43-1-106, 43-1-110, 43-1-114, and 43-2-144, C.R.S., as amended and pursuant to the attached ordinance (Exhibit B) from the County. NOW, THEREFORE, it is hereby agreed that; 1. PROJECT OR WORK DESCRIPTION "The project' or "the work" under this agreement shall consist of the Preliminary and Final design by the County of proposed improvements on I-70G, also Page 2 of 8 known as Edwards Spur Road. The County will contract with Felsburg Holt ~ Ullevig to prepare the work with said proposed design being fully described in the construction plans and specifications. 2. STATE COMMITMENTS A. The State will provide a liaison with the Local Agency through the State's Region Transportation Director, CDOT Region 3, 222 South 6~' Street, Rm. 317, Grand Junction, Colorado 81501 (970) 248-7225. Said Director will also be responsible for coordinating the State's activities under this contract. B. CDOT will pursue a categorical exclusion (CAT - X) through the NEPA process; the result will be an Environmental Clearance that should have a shelf fife of 3 - 5 years. This action will be performed at no cost to the County. C. The State will perform, at its discretion, periodic reviews of the preliminary and final design plans to ensure compliance with all State and Federal rules and regulations, including Utility interterence and ROW acquisition for compliance to the Federal & State Regulations on Right-of--Way Acquisition & Relocation act of 1970, as amended. D. The State shall have no monetary commitment towards the preliminary or final design of this project. It is anticipated the State shall not have any monetary commitment towards preliminary engineering of this project. 3. LOCAL AGENCY COMMITMENTS A. The Local Agency shall bear all expense for the Preliminary and Final design of this project which is estimated to be $800,000.00. Page 3 of 8 • • B. Eagle County shall ensure that all work associated with the preliminary and the final design set of plans complies with CDOT's Drafting Standards and the project specifications incorporates CDOT's Standard Specifications for Road and Bridge construction. C. The County shall ensure all Federal ~ State Regulations on Right-of-Way Acquisition ~ Relocation act of 1970, as amended. D. The County shall be responsible to acquire any and all permits necessary to enter into and trespass on any property other than that of the County's and CDOT. Utility coordination is expected with the Union Pacific Railroad and other domestic services. E. The County shall be responsible to conduct periodic reviews through the preliminary and final design phases with CDOT and the FHWA to ensure coordination and compliance of all work performed. F. The County shall take full responsibility for establishing and the maintenance of traffic control throughout the term of this project. 4. It is expressly understood and agreed that the County shall not in any respect be deemed an, agent of the State. 5. The County represents and warrants that it has taken all actions that are necessary or that its procedures, bylaws, or applicable law requires to legally authorize the undersigned signatory to execute this Agreement on behalf of County and to bind the County to its terms. Page 4 of 8 • SPECIAL PROVISIONS • 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) , This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-3~-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: To the extent allowable by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract: 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 for the parties, of the Colorado Governmental Immunity Act, CRS 24-10- 101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income tax and local head tax on any monies paid by the State pursuant to this contract. Contractor acknowledges that the contractor and its employees are not entitled to unemployment insurance benefits unless the contractor or third party provides such coverage and that the state does not pay for or otherwise provide such coverage: Contractor shall have no authorization, express or implied, to bind the state to any agreements, liability, or understanding except as expressly set forth herein. Contractor shall provide and keep in force Workers' Compensation (and provide proof of such insurance when requested by the State) and unemployment compensation insurance. in the amounts required by law, and shall be solely responsible for the acts of the contractor, its employees and agents. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. Page 5 of 8 • • 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. .At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18 201 ~ CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial ~ interest whatsoever in the service or property described herein. Revised:12/1/01 Page 6 of 8 ADDITIONAL PROVISIONS 1. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law, nor does any party waive its immunities at law, including immunity granted under the Colorado Governmental Immunity Act. 2. SEVERABILITY. It is understood and agreed by and between the Parties that if any covenant, condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, or otherwise appears to be invalid, such invalidity shall not affect the validity of any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice any of the Parties in their respective rights and obligations contained in the remaining valid covenants, conditions and provisions of this Agreement. 3. INTEGRATION. This Agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire Agreement between the Parties hereto. No prior or contemporaneous addition, deletion or other amendment shall have any force of effect, unless embodied herein in writing. 4. MODIFICATION. Modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall not be valid unless in writing and duly executed by the Parties herein. 5. APPROPRIATION LIMITATION. Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agreement, nor shall any payment be made in respect of any period after any December 31 of each calendar year during the term of this Agreement, ~ without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with applicable provisions of law. Page 7 of 8 c i IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. EAGLE COUNTY, COLORADO ,: ~ ~-~~ ATTEST: g ~~., r~ ~ ~~~~~ ~ ~ ~ gy ~ ~~~o~~~~ By Title: _ ~^~~w Title FEIN: 846000726H STATE OF COLORADO BILL OWENS, GOVERNOR By Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: KEN SALAZAR Attomey General By Assistant Attomey General Civil Litigation Section ALL.CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires~that the State Controller approve all state contracts. ThIs contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay. for the goods and/or services provided STATE CONTROLLER: ARTHUR L. BARNHART By: CDOT CONTROLLER Date: Page 8 of 8