HomeMy WebLinkAboutRESOLUTION 35-14RESOLUTION # 35-14
WHEREAS, CDOT owns and maintains US Highway 34 through the Town
known as Elkhorn Avenue; and
WHEREAS, the Town is the recipient of a grant from the Federal Lands Access
Program (the "FLAP Grant") for the purpose for designing and constructing road
improvements to facilitate traffic flow through Estes Park to Rocky Mountain National
Park (the "Project"); and
WHEREAS, CDOT has agreed to provide funding in the estimated amount of
four million, two hundred thousand dollars ($4,200,000); and
WHEREAS, the 1.28 linear mile portion of US Highway 34 between Moraine
Avenue and the US Highway 34 By -Pass (West Elkhorn Avenue) will be devolved by
CDOT to the Town and become part of the Town's road system within 90 days of the
date of execution of this Resolution 35-14.
NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE
WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE
BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS
FOLLOWS:
1. The Intergovernmental Agreement (IGA) between the Town of Estes Park and
the Colorado Department of Transportation attached hereto as Exhibit A and
incorporated herein by reference is approved and the Town accepts ownership of
the devolved right of way as described in the IGA.
Dated this
ATTEST:
Clerk
Transfer of Ownership
(Transfer of US 34 Business, Moraine Avenue to Wonderview Avenue)
Region 4 (rp)
INTERGOVERNMENTAL AGREEMENT
(15 HA4 71517)
ID 471000425
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), by and between the
STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF
TRANSPORTATION, whose address is 4201 East Arkansas Avenue, Denver, Colorado,
hereinafter referred to as the "State" or "CDOT," and the Town of Estes Park, P.O. Box 1200,
Estes Park, Colorado 80517, CDOT Vendor #: 2000306 (the "Local Agency.")
WHEREAS, 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 costs in Fund Number 400, Function <o>, GL Acct. <o>, WBS Element or
Cost Center <o>, (Contract Encumbrance Amount: $4,200,000.00).
WHEREAS, Colorado Revised Statutes ("CRS") §43-2-106 (1) (a) provides that the
Transportation Commission may determine that a state highway, or portion thereof, no longer
functions as a state highway and with the agreement of each affected county or municipality the
state highway, or portion thereof, is abandoned. CRS §43-2-106 (1) (b) further provides that any
county or municipality receiving a payment from CDOT as a result of CRS §43-2-106 (1) (a) shall
credit the payment to a special fund to be used only for transportation -related expenditures.
WHEREAS, Governor John Hickenlooper and CDOT Executive Director Don Hunt
announced the Responsible Acceleration of Maintenance and Partnerships ("RAMP") program to
accelerate completion of transportation projects.
WHEREAS, the Local Agency submitted an application ("Application") to CDOT for
approval by the CDOT Commission to participate in the RAMP program.
WHEREAS, the CDOT Commission adopted Resolution TC-3106 on October 17, 2013
(the "Resolution") approving the list of projects shown in the document entitled "RAMP
Partnership and Operations Projects — Preliminary Recommendations 10/16/2013 ("Projects
List")."
WHEREAS, roadway transfers from CDOT to the Local Agency ("Devolutions") are a
part of the RAMP program, and as part of the approval under the Resolution, the Local Agency
now desires to obtain ownership of US 34 Business, Moraine Avenue to Wonderview Avenue
WHEREAS, the Local Agency proposed to take ownership of 2.54 lane miles of US 34
Business (Elkhorn Avenue) from Moraine Avenue (US 36) to Wonderview Avenue (US 34
Bypass), as described in Exhibit A (Roadway Plans) and Exhibit B (Legal Descriptions) which
are attached hereto (collectively, the "Abandoned Segment"), in exchange for a payment of
$4,200,000.00 from CDOT (the "Payment"), subject to the additional requirement that CDOT take
over the ownership and maintenance of 0.71 lane miles of Riverside Drive from Elkhorn Avenue
to Moraine Avenue (the `Exclusion"). The Abandoned Segment subject to the Exclusion, if any,
is referred to as the "Highway Segment."
Page 1 of 9
WHEREAS, on October 16, 2014, the CDOT Commission adopted Resolution Number
TC-3199 (Exhibit C) authorizing said proposal of the Local Agency be funded and specifying
that the Highway Segment would be transferred in an "as is" condition in exchange for the
payment by CDOT to the Local Agency on the date of the transfer of ownership of the Highway
Segment to the Local Agency.
WHEREAS, the Parties desire to enter into this Agreement and agree upon the conditions
of the abandonment of the Highway Segment by the State and acceptance by the Local Agency
pursuant to the terms and conditions of this Agreement.
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the
provisions of CRS §§ 29-1-203, 43-1-106, 43-1-110, 43-1-114, 43-202.7, 43-2-101, 43-2-106, 43-
2-110, 43-2-144, and 43-2-303, as amended.
NOW, THEREFORE, it is hereby agreed that:
1. This Agreement establishes the general provisions for and defines certain responsibilities
regarding the State's abandonment and acceptance by the Local Agency of the Highway
Segment.
2. This Agreement shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or their designee (the "Effective Date"). The State shall not be
liable to pay or reimburse the Local Agency for any performance hereunder, including, but
not limited to costs or expenses incurred, or be bound by any provision hereof prior to the
Effective Date.
3. The governing body of the Local Agency shall have adopted the following provisions
through formal Resolution or Ordinance:
1) agreeing the Highway Segment, no longer serves the ongoing purposes of the State
highway system ("Provision 1"); and
2) committing the Local Agency to accept ownership of the Highway Segment in the "as
is" condition in exchange for a payment of $4,200,000.00 from CDOT to be credited to a
special fund to be used only for transportation -related expenditures; and specifying the
following additional requirements: (1) subject to the Exclusion; (2) that in exchange for
Payment the Local Agency shall maintain the Highway Segment in a reasonable and safe
condition as a county highway or city street and (3) pursuant to 23 USC 131, as amended
(The Highway Beautification Act of 1965) (the "Act"), the Local Agency shall adhere to
the standards regarding outdoor advertising and CDOT shall provide period inspection of
the Highway Segment to insure standards of the Act are met (collectively, "Provision 2").
The Local Agency adopted resolution(s) are attached hereto as Exhibit D.
The parties agree that (A) Provision 1 and Provision 2 do not have to be adopted by the
Local Agency in the same resolution or ordinance, (B) that if Provision 2 is adopted by the
Local Agency prior to the Commission Resolution (as such term is defined in Section 4
below), it shall be conditional and subject to the passage of the Commission Resolution
and the transfer of ownership of the Highway Segment to the Local Agency effective upon
the filing of a quit claim deed pursuant to Section 5 hereof, and (C) Provision 2 shall be
adopted by the Local Agency as soon as practical and no later than 90 days after passage
of the Commission Resolution.
Page 2 of 9
4. Following the adoption by the Local Agency of Provision 1, the Colorado Transportation
Commission shall adopt a resolution (Exhibit C) abandoning the Highway Segment (the
"Commission Resolution").
5. Upon execution of this Agreement, CDOT will execute a quit claim deed similar to the
form of quit claim deed attached hereto as Exhibit E, which shall be filed by the Local
Agency in the County Clerk and Recorder's Office for the Highway Segment. The Local
Agency shall give CDOT a copy of the filed quit claim deed within 30 days of the Local
Agency's receipt of the Payment or the Highway Segment shall be subject to reversion and
the entire Payment shall be returned to CDOT without reduction. The quit claim deed will
include a reversion provision stating that if the Highway Segment is not used for the
purpose of a county highway or a city street, if the Local Agency does not meet the
Signage Requirements or if the Local Agency attempts to transfer right-of-way to all or
any portion of the Highway Segment to any party except CDOT or the State, title of the
Highway Segment will automatically revert back to CDOT. The legal description of the
Highway Segment that is the subject of the quit claim deed is attached hereto as Exhibit
B.
CDOT and the Local Agency agree that upon a reversion of the Highway Segment to
CDOT, a proportionate share of the Payment to the Local Agency shall be returned to
CDOT, which shall be calculated as follows:
The Payment — (Monthly Fee x Maintenance Period) — [(Monthly Fee/Partial
Month Days) x Elapsed Days] = payment to CDOT
The "Monthly Fee" is equal to 1 /240`h of the Payment. The "Maintenance Period" is equal
to the number of full months after the date of receipt of the Payment by the Local Agency
through the Date of Reversion. The "Date of Reversion" is the day ownership of the
Highway Segment is transferred to CDOT pursuant to this Section 5. "Partial Month
Days" is the number of days in the month which is the subject of the pro rata calculation
for a partial month. "Elapsed Days" is the number of elapsed days in the month which is
subject of the pro rata calculation for a partial month from either (A) the Local Agency's
receipt of the Payment through the end of the month or (B) the beginning of the month
through the Date of Reversion.
For example, assuming that the Payment is $9,000,000, if the Payment is received by the
Local Agency on March 1, 2010 and the Highway Segment reverts to CDOT on January
13, 2011, the Local Agency must pay CDOT an amount equal to $9,000,000 — ($37,500 x
10) — [(37,500/31) x 13] — $8,609,271.19.
If the Highway Segment reverts to CDOT more than 20 full years following the Local
Agency's receipt of the Payment, no portion of the Payment shall be returned to CDOT.
6, Upon execution of this Agreement, CDOT will promptly provide the Payment of
$4,200,000.00 to the Local Agency. The Payment by the State to the Local Agency as
described herein shall constitute the total consideration from the State to the Local Agency
related to the abandonment and transfer of the Highway Segment.
7. The Local Agency is prohibited from transferring right-of-way to all or any portion of the
Highway Segment to any party except CDOT or the State. Any such attempt to transfer
right-of-way to all or any portion of the Highway Segment in violation of this Section 7
Page 3 of 9
shall be deemed null and void. Upon any attempt by the Local Agency to transfer right-of-
way to all or any portion of the Highway Segment to any party except CDOT or the State,
the Highway Segment shall automatically revert to CDOT pursuant to Section 5 hereof.
8. If CDOT believes that the Local Agency is not maintaining the Highway Segment in a
reasonable and safe condition as a county road or a city street and/or that the Local Agency
is not meeting the Signage Requirements, CDOT shall notify the Local Agency in writing
describing the condition. CDOT and the Local Agency shall meet as soon as reasonably
possible and attempt to resolve the matter and develop a remediation plan. The Local
Agency shall have a reasonable period of time to remedy such condition. If the Local
Agency fails to remedy the condition to the full satisfaction of CDOT within the
reasonable time period established by CDOT, the Highway Segment shall be subject to
reversion pursuant to Section 5 hereof. CDOT shall provide the Local Agency with
written notice of its intention to re -acquire the Highway Segment pursuant to reversion.
9. Each individual identified below is the principal representative of the designating party.
All notices required to be given hereunder shall be hand delivered with receipt required or
sent by certified or registered mail to such party's principal representative at the address
set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be
sent by e-mail to the e-mail addresses, if any, set forth below. Either party may from time
to time designate by written notice substitute addresses or persons to whom such notices
shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt.
A. State:
Jake Schuch
B. Local Agen
CDOT Region 4 Project Manager
1420 Second Street
Greeley, Colorado 80631
(970) 350-2205
Scott Zurn° (y ,tMU li0in&vl
Rfeject-Manager' tolic KDU'k5 Q i
170 MacGregor Avenue
P.O. Box 1200
Estes Park, Colorado 80517
970 577-3582
10. 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 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 executed and approved pursuant to the State Fiscal
Rules.
11. This Agreement shall inure to the benefit of and be binding upon the parties, their
successors and assigns.
12. The "Special Provisions" attached hereto are hereby made a part hereof For the purpose
of this Agreement and application of the Special Provisions, as all references to the "the
Page 4 of 9
contractor" shall be deemed to refer to the Local Agency and all references to the
"Contract" shall be deemed to refer to the Agreement.
13. 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. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
14. It is expressly understood and agreed that the Local Agency or their employees,
contractors, consultants, or assigns shall not in any respect be deemed an agent of the
State.
15. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to the Local Agency under this Agreement is $100,000 or
greater, either on the Effective Date or at any time thereafter, this § 15 applies.
The 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 vendor performance on state agreements/contracts and inclusion of
agreement/contract performance information in a statewide contract management system.
The Local Agency's performance shall be subject to Evaluation and Review in accordance
with the terms and conditions of this Agreement, State law, including CRS §24-103.5-101,
and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local
Agency's performance shall be part of the normal Agreement administration process and
the Local Agency's performance will be systematically recorded in the statewide
Agreement 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 the Local Agency's obligations under this Agreement shall be determined
by the specific requirements of such obligations and shall include factors tailored to match
the requirements of the 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 Agreement term. The 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 the 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 CDOT, and showing of good cause, may debar the
Local Agency and prohibit the Local Agency from bidding on future agreements. The
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
Page 5 of 9
reversal of the debarment and reinstatement of the Local Agency, by the Executive
Director, upon showing of good cause.
16. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the Local Agency and the State, and nothing contained in this Agreement shall give or
allow any such claim or right of action by any other or third person on such Agreement.
Further, it is the express intention of the Local Agency and the State that any person other
than parties hereto that may receive services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only.
17. The Local Agency represents and warrants that they have taken all actions that are
necessary or that are required by its procedures, bylaws, or applicable law, to legally
authorize the undersigned signatory to execute this Agreement on behalf of said public
entity, and to bind said public entity to its terms.
18. 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 Agreement. Any
provision of this Agreement 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 Agreement to the extent that the agreement is capable of execution.
19. At all times during the performance of this Agreement, the parties shall strictly adhere to
all applicable federal and state laws, rules and regulations that have been or may hereafter
be established.
20. The signatories hereto aver that they are familiar with 18-8-301, et seq. (Bribery and
Corrupt Influences) and 18-8-401, et seq. (Abuse of Public Office), C.R.S., and that no
violation of such provisions is present.
21. The signatories aver that to their knowledge, no state employee has a personal or
beneficial interest whatsoever in the service or property described herein.
22. The Local Agency's rights and obligations hereunder are personal and may not be
transferred, assigned or subcontracted without the prior, written consent of the State. Any
attempt at assignment, transfer, or subcontracting without such consent shall be void. All
assignments and subcontracts approved by the Local Agency or the State are subject to all
of the provisions hereof. The Local Agency shall be solely responsible for all aspects of
subcontracting arrangement and performance.
23. This Agreement may be executed in multiple identical original counterparts, all of which
shall constitute one agreement.
24. Modification
a. By the Parties. Except as specifically provided in this Agreement, modifications of
this Agreement shall not be effective unless agreed to in writing by both parties in
Page 6 of 9
an amendment to this Agreement, properly executed and approved in accordance
with applicable Colorado State law, State Fiscal Rules, and Office of the State
Controller Policies, including, but not limited to, the policy entitled
MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS.
b. By Operation of Law. This Agreement is subject to such modifications as may be
required by changes in Federal or Colorado State law, or their implementing
regulations. Any such required modification automatically shall be incorporated
into and be part of this Agreement on the effective date of such change, as if fully
set forth herein.
25. Notwithstanding anything herein to the contrary, provisions of this Agreement requiring
continued performance, compliance, or effect after termination hereof, shall survive such
termination and shall be enforceable by the State if Local Agency fails to perform or
comply as required.
26. If the Local Agency is not a "public entity" within the meaning of the Colorado
Governmental Immunity Act, CRS§24-10-101, et seq., the Local Agency shall indemnify,
save and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees and
related costs, incurred as a result of any act or omission by the Local Agency, or its
employees, agents, subcontractors or assignees pursuant to the terms of this Agreement.
This clause is not applicable to a Local Agency that is a "public entity" within the meaning
of the Colorado Governmental Immunity Act, CRS§24-10-101, et seq.
27. All suits, actions, proceedings related to this Agreement shall be held in the State of
Colorado and exclusive venue shall be in the City and County of Denver.
28. Any and all limitations of liability and/or damages in favor of the Local Agency contained
in any document attached to and/or incorporated by reference into this Agreement,
whether referred to as an exhibit, attachment, schedule or any other name, are void and of
no effect. This includes, but is not necessarily limited to, limitations on (i) the types of
liabilities, (ii) the types of damages, (iii) the amount of damages, and (iv) the source of
payment for damages.
29. The provisions of this Agreement shall govern the relationship of the State and the Local
Agency. In the event of conflicts or inconsistencies between this Agreement and its
exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference
to the documents in the following order of priority:
1. Colorado Special Provisions,
2. The provisions of the main body of this Agreement,
3. Exhibit A (Roadway Plans),
4. Exhibit B (Legal Description(s)),
5. Exhibit C (Commission Resolution),
6. Exhibit D (Local Agency Resolution(s)),
7. Exhibit E (Quit Claim Deed).
30. CORA Disclosure. To the extent not prohibited by federal law, this Agreement and the
performance measures and standards under CRS §24-103.5-101, if any, are subject to
public release through the Colorado Open Records Act, CRS §24-72-200.1, et seq.
Page 7 of 9
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller
or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. 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, of the Colorado Govemmental Immunity Act, CRS §24-10-101 et seq., or the Federal
Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. 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 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. Unemployment insurance benefits will be available to Contractor and its
employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment
taxes and income taxes and local head taxes incurred pursuant to this contract. 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 shall (a) provide and keep in force workers'
compensation and unemployment compensation Insurance In the amounts required by law, (b) provide proof thereof when requested by the State, and
(c) be solely responsible for its acts and those of Its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly 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.
6. CHOICE OF LAW. 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. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not
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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any
provision to the contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. 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 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.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. 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.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4
(3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c)
unpaid loans due to the Student Loan Division of the Department of Higher Education, (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, Issuance, or sale of
securities, Investment advisory services or fund management services, sponsored projects, Intergovernmental agreements, or Information
technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
Illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment
in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant
to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter Into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre -employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days
if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate
the subcontract If a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of
Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this
provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract
for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older,
hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal
law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103
prior to the effective date of this contract.
Revised 1-1-09
Page 8 of 9
SIGNATURE PAGE
Agreement Routing Number 15 HA4 71517
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.
By:
THE LOCAL AGENCY
Town of Estes Park
'w. Lt_tc% e-k C'-• ?,t-Az K
STATE OF COLORADO
John W. Hickenlooper. GOVERNOR
Colorado Department of Transportation
ald E. Hunt, Executive Director
Title:
Name of Authorized Individual
a .
Official Titl- • •..thorized vi al
yy•,Joshua ly, P. ., hief 'ngineer
Date: i d1.
Si ature
Date: la 11114-1
% % %%►II
. of Es
_ •
'to? COON
��,,uunn►►►►0
IIII,,,,
tEs
, .y,,
. -p
` ,'
_
V.
E.
B
LEGAL REVIEW
REVIEW,,
J n W. Suthers, Attorney General
1
iW
Signatur - ssistant Attorne General
Date: i
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, CP¢, MBA, JD
By:
Colorado D ent /of Transportation
Date: / d �/ �.i�—
Page 9 of 9
Exhibit A
Roadway Plans
� / ~
<+:
/ \\ ~ ~ y > \ b}
�\®^ � /
� y
7
M
!
III IIII IIII11�II
'"11� 1111 ,,,1Md,hd,d,d,,,hd,�
mi"110
oioiTko
mo
ryyyl�^iipV�hrlll"JII'�,��rr+; l , �r u,. i�l
0�66� IIII"i Yy�IJIVPI iipi���N
MflN mlllllllllll11111111111111 1pll'„�p,NNI IIIllImI11111111111111111111111111111111
I'1111111
ulllllVIIIIII I I I I
1111'011,1',
11111111 II 000A Imomomool
uu
II
11111111111 rIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII """"""� .... ........V���
111111111111111111„mom
III m illlllllmo
,III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
I p811111P'''!III IIIIIIIIIIIIIII uRRRRRRRRRRRRRRRRRRRRRRRRRRRR !II!u
i11ulmull111�°u luiI111111111,IIII IIIIIIIIIIIIIIIII IIIII IIII IIIIIIIIIIIIIIIIIIIIIIIII IH0IIIIIIIIIIIIIIIIIIIIII1IIIIII III
1" muuummiIVIYIII a umwwmwlluull„"... ;'I „
IIVIIIIIIII IIIII Ili
.401111111111111111411
" ddl'au46k p'
4116' IilllliiligllliliouuuuliiiiiiiiiiiiiiimuIIIIiiu IIV 1111IINuIlllullulUuuuuuuoloy,
wlumul,'llll
Exhibit B
Legal Description(s)
U.S. HIGHWAY 34C
ELKHORN AVENUE
DESCRIPTION
SEPTEMBER 16, 2014
A portion of the existing Right -of -Way of U.S. Highway 34C, also known as Elkhorn
Avenue, located in Sections 23, 25, and 26, Township 5 North, Range 73 West of the
6th Principal Meridian, Town of Estes Park, County of Larimer, State of Colorado, being
more particularly described as follows:
BEGINNING at the easterly end of the intersection of said U.S. Highway 34C with U.S.
Highway 34A, at the point where the asphalt return from the intersection becomes
tangent on the northerly side of said U.S. Highway 34C, said point lying southerly of
said U.S. Highway 34A, said point also being located at mile post 0.02, more or less;
Thence easterly along said existing Right -of -Way to the intersection of said U.S.
Highway 34C with U.S. Highway 36A, also known as Moraine Avenue, at the westerly
end of the curb return at the northwest corner of said intersection, as presently
constructed, said point being located at mile post 1.30, more or less, said point also
being the POINT OF TERMINUS.
The above description is intended to convey all of the existing Right -of -Way between
the above described locations, excepting therefrom any portion lying within the Right -of -
Way of said U.S. Highway 34 A, as shown on Colorado Department of Highways Right -
of -Way plans of project C 06-0016-10.
For and on behalf of the
Colorado Department of Transportation
I. Jeffrey Nading, PLS 37885
1420 2nd Street
Greeley, CO 80631
Exhibit C
Transportation Commission Resolution
Resolution #TC-3199
Resolution to Approve the Devolutoin of SH 34 (Elkhorn Ave) in Estes Park as
part of Project #C 06-0016-10
Approved by the Transportation Commission on October 16, 2014
WHEREAS, the Department of Transportation owns 1.28 linear miles of
Highway in Estes Park identified as State Highway 34 (SH 34);
WHEREAS, that portion of SH 34 is located between mile marker 0.02 and mile
marker 1.3;
WHEREAS, Region 4 has determined that abandoning this portion of SH 34
would be in the best interest of Colorado taxpayers;
WHEREAS, the Colorado Revised Statute 43-2-103 (1)(a) provides that the
Transportation Commission may determine that a state highway, or portion
thereof, no longer functions as a state highway, and with the agreement of each
affected county or municipality, the state highway, or portion thereof, can be
abandoned to the affected county or municipality;
WHEREAS, the affected county or municipality will assume ownership of the
above mentioned roads in "as is" condition in exchange for a specific dollar
amount to be paid by CDOT to the local governing body on the date of the
transfer of ownership of this specified road segments;
WHEREAS, Estes Park proposed to take ownership if SH 34 from mile marker
0.02 and mile marker 1.3, in exchange for a payment of $4,200,000 from
CDOT RAMP Funds;
WHEREAS, $4,200,000 is anticipated to be less than the amount CDOT
reasonably expects to expend to maintain, preserve, or improve this section of
SH 34 over the next 20 years;
WHEREAS, Colorado Revised Statutes (CRS) 43-2-106 (1) (b) further provides
that any county or municipality receiving a payment from CDOT as a result of
CRS 43-2-106 (1) (a) shall credit the payment to a special fund to be used only
for transportation -related expenditures;
WHEREAS, the Parties desire to enter into an Intergovernmental Agreement
(IGA) and agree upon the condition of the abandonment of said highway
segment by the State and acceptance by Estes Park pursuant to the terms and
conditions of the IGA;
WHEREAS, the governing body of Estes Park shall adopt a resolution agreeing
to the State's abandonment of the portion of SH 34 and agreeing that said
highway segment no longer serves the ongoing purposes of the State Highway
system; committing Estes Park to assume ownership of said highway segment
in the "as is" condition;
WHEREAS, within 90 days of the official notification of such abandonment by
the Transportation Commission, Estes Park shall execute a resolution or
ordinance accepting the abandoned portion of SH 34 as a city street;
WHEREAS, within 90 days of the date of execution of the Estes Park
Resolution or Ordinance accepting the abandoned portion of SH 34, CDOT will
execute a quitclaim deed that will include a reversion provision stating that if
the property that is the subject of the quitclaim deed is not used for
transportation purposes, title to such property will automatically revert back to
CDOT;
WHEREAS, concurrent with the execution of the quitclaim deed, CDOT will
provide payment of $4,200,000 to Estes Park, and that shall constitute the
total consideration from the State to Estes Park related to the abandonment
and transfer of the Abandoned Highway;
WHEREAS; Transportation Commission is authorized pursuant to Colorado
Revised Statutes (C.R.S) 43-2-106 to make determinations regarding
.abandonment of State Highways(s) to affected county(ies) or municipality(ies);
WHEREAS, the Transportation Commission has determined SH 34 between
milemarker 0.02 and mile marker 1.3 is no longer needed for the state highway
purposes;
NOW THEREFORE BE IT RESOLVED, pursuant to the provisions of the
C.R.S, 43-2-106 the Department of Transportation be given authority to
abandon that portion of SH 34 from mile marker 0.02 and mile marker 1.3
containing approximately 1.28 miles.
?Artongetti
Herman Stockinger, Secretary Date
Transportation Commission of Colorado
Exhibit D
Local Resolution(s)
RESOLUTION # 35-14
WHEREAS, CDOT owns and maintains US Highway 34 through the Town
known as Elkhorn Avenue; and
WHEREAS, the Town is the recipient of a grant from the Federal Lands Access
Program (the "FLAP Grant") for the purpose for designing and constructing road
improvements to facilitate traffic flow through Estes Park to Rocky Mountain National
Park (the "Project"); and
WHEREAS, CDOT has agreed to provide funding in the estimated amount of
four million, two hundred thousand dollars ($4,200,000); and
WHEREAS, the 1.28 linear mile portion of US Highway 34 between Moraine
Avenue and the US Highway 34 By -Pass (West Elkhorn Avenue) will be devolved by
CDOT to the Town and become part of the Town's road system within 90 days of the
date of execution of this Resolution 35-14.
NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE
WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE
BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS
FOLLOWS:
1. The Intergovernmental Agreement (IGA) between the Town of Estes Park and
the Colorado Department of Transportation attached hereto as Exhibit A and
incorporated herein by reference is approved and the Town accepts ownership of
the devolved right of way as described in the IGA.
Dated this ( - D CU.j mb014.
ATTEST:
I, Jackie Williamson, Town Clerk of the
Town of Estes Park, CO, do hereby certif
that the above is a true, exact, complete
and unaltered copy of R -E-%00'w35-'I
on file in my office as part of the official
records of the Town of Estes Park.
ie Williamson, Town Clerk
Exhibit E
Quit Claim Deed
QUITCLAIM DEED
THIS DEED, made this day of , 20 ,between
Department of Transportation, State of Colorado of the City and County of
Denver and State of Colorado, grantor, and The Town of Estes Park, Colorado,
A Body Corporate and Politic whose legal address is 170 MacGregor Avenue,
Estes Park, Colorado 80517 of the County of Larimer and State of Colorado,
grantee,
WITNESS, that the grantor, for and in consideration of the sum of
DOLLARS, the receipt and sufficiency of which is hereby acknowledged, hag remised, released, sold and QUITCLAIMED,
and by these presents do remise, release, sell and QUITCLAIM unto the grantee, its heirs, successors and assigns forever, all
the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if
any, situate, lying and being in the County of Weld and State of Colorado, described as follows:
SEE ATTACHED EXHIBITS "A", "B", & "C" DATED SEPTEMBER 16, 2014
Subject to any and all easements of record, and to any and all existing utilities as constructed, and for their maintenance as
necessary.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor,
either in law or equity, to the only proper use, benefit and behoof of the grantee its heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Department of Transportation
State of Colorado
Attest: By:
STATE OF COLORADO
City and County of Denver
The foregoing instrument was acknowledged before me this day of , 20 , by
Witness my hand and official seal.
My commission expires:
Notary Public
Name and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S.)
No. 933. Rev. 4-94. QUITCLAIM DEED Page 1 of 1