HomeMy WebLinkAboutbocc.res.090.1999A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY
TO ENTER INTO A ROAD MAINTENANCE CONTRACT WITH
THE BRUSH CREEK METROPOLITAN DISTRICT
RESOLUTION #99- iD
Recitals
1. Pitkin County has agreed to accept the maintenance responsibilities for roads
located within the Brush Creek subdivision subject to those certain conditions contained in
BOCC Resolution No. 84-70; and
2. Pitkin County has determined that contracting these maintenance functions to the
Brush Creek Metropolitan District is the most efficient and economical method of performing
such functions while maintaining the maximum amount of local control over local road
conditions; and
3. The Road Maintenance Contract is not subject to the Procurement Code; and
4. The Brush Creek Metropolitan District is familiar with the needs and
requirements for the maintenance of the Brush Creek subdivision roads.
NOW, THEREFORE, be it resolved that the Board of County Commissioners of Pitkin
County enter into the attached Road Maintenance Contract with the Brush Creek Metropolitan
District for the purpose of maintaining the roads within the Brush Creek Subdivision and
authorizes the Chair to execute the Contract.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
22nd DAY OF April, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION
OF THE ASPEN TIMES ON 18TH DAY OF APRIL, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE
12TH DAY OF MAY, 1999.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE •
ASPEN TIMES ON THE 22ND DAY OF MAY, 1999.
I 11111 III 111111 1111111111 111111 III 111111111 ID
439664 01/19/2000 01:16P RESOLUTI DAVIS SILVI
1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
1
Resolution #99- I V
Page 2
ATTEST:
Jea a Jones
De ty Clerk
APPROVED AS TO FORM:
John M. Ely
Coun rney
I/res/bcroad.res
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
/A 7nCv --
6uzanne nchan
County Manager
111111 11111 IIIIII 11111 11111 11111 01111 III 11111 1111 1111
439664 01/19/2000 01:15P RESOLUTI DAVIS SILVI
2 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
APPROVED BY
RESOLUTION
# qg-la
CONTRACT #
PITKIN COUNTY, COLORADO
ROAD MAINTENANCE 1TRACT
ti��
THIS CONTRACT, made this 3 day of (I , 1999, by and between the
BOARD OF COUNTY COMMISSIONERS QPITKIN COUNTY, COLORADO
(hereinafter referred to as "County"), and the BRUSH CREEK METROPOLITAN DISTRICT
(hereinafter referred to as "District").
WITNESSETH:
WHEREAS, the County has agreed to accept the maintenance responsibilities for roads
within the Brush Creek Subdivision subject to certain conditions contained in Resolution No. 84-
70; and
WHEREAS, the County has determined that contracting these maintenance functions to
the District is the most efficient and economical method of performing such functions while
maintaining the maximum amount of local control over local road conditions; and
WHEREAS, this contract is not subject to the Procurement Code; and
WHEREAS, the District is familiar with the needs and requirements for the maintenance of
these roads;
NOW, THEREFORE, in consideration of the mutpal covenants and agreements set forth
herein, the parties covenant and agree as follows:
1. The District agrees to furnish all labor, materials, equipment, tools and services
necessary and incidental to perform and complete in a workmanlike manner all work required for
the maintenance (including snow removal and appropriate signs), repair and improvement of the
roads in the Brus» Creek Sybdivision for the term of this Contract, subject to the provisions
contained in the /1, ,1999 Intergovemmen Agreement betwe a parties ("IGA").
2. The tuna of this Contract shall be fro /l "'?1999 to L5 2000. If
performance under this Contract extends beyond this ' tial term, nothing ein shall be construed
as creating a continuing obligation of the County t allocate funds for road maintenance in the
District in excess of any amounts that may be, from time to time, received by the County from the
State and appropriated by the County on an annual basis, except as otherwise provided in the IGA.
It is understood that payments for such purposes are conditioned upon an annual appropriation of
funds and that before providing services, the District, if it so requests, will be advised as to the
status of funds appropriated for services or materials by the County and the County shall not be
obligated to provide services or materials for which funds have not been appropriated except as
otherwise provided in the IGA.
This contract shall automatically be extended on a year-to-year basis, unless
terminated in writing by the mutual agreement of the parties.
1111111 fill 111111 111111111 III 11111 IIII IIII
439664 01/19/2000 01:15P RESOLUTI DAVIS SILVI
3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
This contract shall automatically terminate if and when the State terminates the
Highway User Tax Fund reimbursement for the roads that are the subject of this Contract.
a. The County agrees to pay and the District agrees to accept as full payment
for full performance under this Contract, the Initial Contract Amount due for the 1996 year which is
to be calculated based on the proportionate share of Highway Users Tax funds received by the
County in the preceding year and calculated in May 1997. The share for the District is determined
by the amount of Highway Users Tax Funds received by the County (in the preceding year) divided
by the total miles of County roads reported to the State times the miles of roads supported by this
contract, which is 6.2 at the present time. This amount shall be in addition to amounts to be paid by
the County to the District in accordance with the IGA between the parties. Payment amounts and
payment times by the County to the District in a calendar year are expressly conditioned in receipt
of Highway User Tax Fund payments by the State to the County in the preceding year and accrued
in that year. If the payments from the State are reduced or not received by the County during the
term of this Contract for any reason whatsoever, the County shall have no liability to the District for
payment or reimbursement except for those funds actually received from the State in the calendar
year those funds are actually received. The County shall make the payment noted in this paragraph
to the District on or before March 31 for the preceding year. Payments not made by this date will
bear interest at 18% per annum
b. The District shall maintain comprehensive, complete and accurate books of
account, reports, returns and supporting records for payments which are made from these funds.
These books of account and records shall be maintained on a current basis and shall be stored in
Pitkin County, Colorado, for a period of at least thirty-six (36) months after original entry. Such
records shall be consistently, completely and accurately maintained on a current basis to the end
that a determination and verification can be made according to standard and accepted accounting
and auditing practices concerning the payments paid or payable pursuant to this Contract. Such
records shall be maintained for the above stated thirty-six (36) month period despite the termination
of the Contract. Such books and records shall be made available to the Public Works Director of
the County or his designee at the Public Works Director's Office upon one weeks notice to the
District. The District's books and records are audited annually as required by statute.
c. The District maintains insurance coverage appropriate to its operations and
consistent with its coverage by the Governmental Immunity Act. The County shall be named an
additional insured on such policy. A certificate of insurance evidencing such coverage will be
provided annually to the County.
d. In all cases, the County shall be entitled to deduct five percent (5%) of all
funds received by the State as reimbursement for the County's administrative costs hereunder.
e. The County agrees to stripe the roads when needed and, otherwise, at least
every three years.
2
18242.1
111111111(1 1111I1 11(1111111(11(1 1111111E II! 11(1111111111
439664 01/19/2000 01:15P RESOLUTI DAVIS SILVI
4 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
3. a. The District hereby represents, and County agrees, that all roads subject to
this Contract meet minimum Pitkin County Road Specifications for that class of road.
b. All maintenance, repair and construction shall be completed according to
Section 8 and be done in strict conformance with the requirements of the then -current Pitkin
County Road Specifications, Standard State of Colorado Road Maintenance, Repair and
Improvement standards.
c. The terms, conditions and restrictions of County Resolution No. 84-70 are
expressly adopted herein by this reference.
d. All operations hereunder shall also strictly comply with the requirements of
1973 C.R.S. 43-4-207, as it may be from time to time amended. That section generally provides as
follows:
(1) Funds shall be expended by said counties only on the construction,
engineering, reconstruction, maintenance, repair, equipment,
improvement, and administration of the county highway systems
together with acquisition of rights -of -way and access rights for the
same and for no other purpose.
(2) The amount to be expended for administrative purposes shall not
exceed five percent of each county's share of the funds available.
(3)
All roads for which funds are received shall be "open, used and
maintained," which means legally open to public travel by ordinary
motor vehicles at all times, useable at all times during adverse
weather conditions, and maintained by work of County maintenance
crews or crews of other governmental agencies within this state
which are authorized to engage in highway, road or street
maintenance or improvement performed on a continual basis.
4. The District intends to subcontract the performance of its obligations hereunder to
any qualified road contractor. This Contract shall not be construed as creating a contractual
relationship between any subcontractors and the County. No subcontract shall be construed to
excuse or release the District from primary liability hereunder.
5. This Contract constitutes the entire contract between the parties on the subject of
road maintenance in Brush Creek, except to the extent the IGA between the parties addresses this
issue as well. In the event of any conflict between this Contract and the IGA, the IGA shall control.
No addition, deletion, modification or amendment of this Contract shall have any force or effect,
except as mutually agreed to in a writing signed by all of the parties.
18242.1
3
1111111 Hill Bill 1E11111111E11 111111111 11111 Ell 1111
439664 01/19/2000 01:15P RESOLUTI DAVIS SILVI
5 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
6. All work hereunder shall be done under the general supervision and direction of the
Director of Public Works or his designee. The Director shall decide any and all questions which
may arise as to the quality and acceptability of materials furnished, work performed, rate of
progress of the work, interpretation of the Contract on the part of the District. Any subcontracted
work hereunder shall be at the supervision of the District, subject to the observation and review by
the Director.
7. This Contract and all of the covenants hereof shall inure to the benefit of and be
binding upon the county and the District respectively and their agents, representatives, employees,
successors, assigns and legal representatives. Neither the County nor the Contractor shall have the
right to assign, transfer or subcontract his interest or obligations hereunder without the consent of
the other party.
8. This Contract may be terminated by either party upon thirty (30) days written notice
thereof, with obligations hereunder adjusted pro rata or by separate agreement of the parties. If
terminated by the County, roads subject to this Contract will be deeded by the County to the
District.
9. This Contract does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the District or the County may assign this
Contract in accordance with the specific written permission, any rights to claim damages or to bring
any suit, action or other proceeding against either the County or the District because of any breach
hereof or because of any of the terms, covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any of the terms, covenants or conditions
hereof to be performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to
be performed, kept and observed by the other party.
11. The parties agree that this Contract was made in accordance with the laws of the
State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of
Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. All
disputes shall be decided by a three -member arbitration panel acting in accordance with American
Arbitration Association rules.
13. This Contract was negotiated and reviewed through the mutual efforts of the parties
hereto and the parties agree that no construction shall be made or presumption shall arise for or
against either party based on any alleged unequal status of the parties in the negotiation, review or
drafting of this Contract.
18242.1
4
1111111 Iilll 1E111 11111 11111 III Iilli 1111 II11
439664 01/19/2000 01:16P RESOLUTI DAVIS SILVI
6 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
14. The undersigned representative of the District, as an inducement to the County to
execute this Contract, represents that he is an authorized representative of the District for the
purposes of executing this Contract, and that he has full and complete authority to enter into this
Contract for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties have made and executed this Contract the day and
year first above written.
COUNTY OF PITKIN, COLORADO
By/
Public Works Dir- 'or
Address:
76 Service Center Road
Aspen, CO 81611
RECOMMENDED FOR APPROVAL:
Bud Eyl. , ty ngineer
s/ / 2
BRUSH CREEK METROPOLITAN
DISTRI
ST:
ette Jones, Depulerk
APPROVED AS TO FORM:
John M. Ely, Pi ounty Attorney
f
Debe Nelson, Finance Director
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
es P. Crowley, President . ,.eslie
Address: 500 Juniper Hill Road Chair
Aspen, CO 81611
ASPEN:0018242.04
1/j/brushcreek/rdmtcontract.doc
18242.1
5
111111I"III"IIII I'll'IIIII IIIII111111111IIIIIIIIIIIII
439664 01/19/2000 01:15P RESOLUTI DAVIS SILVI
7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO