IGA; Boulder County; seven year Transportation Improvement Plan; no end date
INTERGOVERNMENTAL AGREEMENT
Road Construction/Financing Agreement
Boulder County Seven-Yeaz Transportation Improvement Plan.
This Intergovemmental Agreement by and between the City of Boulder, a Colorado
municipal corporation (hereinafter referred to as "CITY") and the County of Boulder, a body
politic and corporate of the State of Colorado (hereinafter referred to as the "COiJNTY"),
(collectively the "Parties") is made to be effective on the j'P'~h day of _T4 J~, 2006.
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WITNESSETH:
WHEREAS, the functions described in this Agreement are lawfully authorized to each
of the Parties which perform such functions hereunder, as provided in article 20 of title 29; part 1
of article 28 of title 30; §31-12-101, et se~c.; parts 2 and 3 of article 23 of title 31; C.R.S., as
amended; and
WHEREAS, §29-1-201, et se~c ., C.R.S., as amended, authorizes the Parties to cooperate
and contract with one another with respect to functions lawfully authorized to each of the Parties
and the People of the State of Colorado have encouraged such cooperation and contracting
through the adoption of Colorado Constitution, Article XIV, §18 (2); and
WHEREAS, the Parties have each followed the procedure required for each to enter into
this Ageement; and
WHEREAS, the County applied for funding for the State Highway 119 and 63'~ Street
Operational Improvements through the Denver Regional Council of Govemments (DRCOG)
2005-10 Transportation Improvements Program (TIP) hereinafter referred to as the PROJECT;
and
WHEREAS, the PROJECT application was approved as TIP-ID 2005-O11 by the
DRCOG Boazd of Directors and included in the TIP in years 2005 and 2007; and
WHEREAS, the funding is available by the Federal Highway Administration in the
amount of $300,000 in 2005 and $2,417,000 in 2007; and
WHEREAS, the CITY and the COLTNTY have agreed to share the estimated local match
of $1,434,000 for the PROJECT as approved by DRCOG; and
WHEREAS, the Colorado Department of Transportation has agreed to provide $150,000
of the cost of the intersection improvements in 2007; and
WHEREAS, the County is prepared to act as the lead agency in the design and
construction of the PROJECT during the years 2006-07 with the CITY having equal decision
making authority.
NOW, THEREFORE, in consideration of the above and the mutual covenants and
commitments made herein, the Parties agree as follows:
A. PROJECT SCOPE, DESCRIPTION AND RESPONSIBILITIES.
1. The PROJECT shall generally be described as providing multi modal and
operational improvements at the intersection of SH 119: N 63`~ Street and may
include adding additional turn lanes, additional through lanes and queue jump
lanes for transit, providing bus shelters, bus pads and bike racks, improved traffic
signal operations, additional acceleration and deceleration lanes where warranted.
2. The CITY agees to participate in the selection of a consultant engineer to
design the improvements and make a recommendation on the most qualified firm.
3. The CITY and the COLJNTI' agree to jointly review the progress of the
design engineering of the project and participate in regular design review
meetings with the consultant engineers. The CITY and the COiJNTY will jointly
agree to any direction given to the engineer as a result of the design review
process.
4. The COLJNTY agrees to provide CITY with engineering plans and cost
estimates for review to insure that the Improvements aze designed to meet the
minimum standards, including the bike lane and transit facilities, as approved by
the CITY and the COLINTY.
5. The COLTNTY and the CITY agree to include the standard signing on the
project identifying the Boulder County Transportation Sales Tax, the City of
Boulder, CDOT and the FHWA a source of revenue for the Improvements.
6. The CITY agrees to reimburse the COLTNTY for their share of the cost
of the PROJECT upon receipt of a detailed invoice from the COiJNTY. The
CITY'S share shall not exceed $717,000 without prior approval by the CIT1'.
The COLTNTY'S invoice shall be based on invoices from the engineers and the
contractors providing services to the project. The frequency of the payments to
the engineers and the contract shall be determined through the negotiation of the
contracts between the COUNTY and the engineers and contractors. Payments
under this agreement are contingent upon the Boulder City Council appropriating
the necessary funds.
B. ENTIRE AGREEMENT; AMENDMENTS.
This Agreement contains the entire agreement between the Parties. It may be amended
only by written agreement approved by both parties.
C. SEVERABILITY.
If any portion of this Agreement is held by a court in a final, non-appealable decision to
be invalid or unenforceable as to any Party, the entire Agreement shall be terminated, it
being the understanding and intent of the Parties that every portion of the Agreement is
essential to and not severable from the remainder.
D. NO JOINT VENTURE OR PARTNERSHIP.
Nothing contained in this Agreement is intended to create a partnership or joint venture
beriveen Boulder and the County with respect to construction of the Improvements, and
any implication to the contrary is hereby expressly disavowed. It is understood and
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agreed that this Agreement does not provide for the joint exercise by the parties of any
activity, function or service, nor does it create a joint enterprise, nor does it authorize any
party hereto to act as an agent of the other party hereto for any purpose whatsoever.
E. NO THIRD-PARTY BENEFICIARIES.
The parties, in their corporate and representative governmental capacities, aze the only
entities intended to be the beneficiaries of the Plan, and no other person or entity is so
intended.
F. ENFORCEMENT.
Any one or more of the Parties may enforce this Agreement by any legal or equitable
means including specific performance, declazatory and injunctive relie£ No other person
or entity shall have any right to enforce the provisions of this Agreement.
G. GOVERNING LAW AND VENUE.
The laws of the State of Colorado shall govem this Agreement and venue shall lie in the
County of Boulder.
H. PARTY REPRESENTATIVES; NOTICE.
Referrals made under the terms of this Agreement shall be sent to the Parties'
representatives listed below. Any required notices or refenals shall be in writing and
shall be hand delivered or sent by facsimile transmission or United States mail, postage
prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall
be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt. All notices by mail shall be considered effective seventy-two (72)
hours after deposit in the United States mail with the proper address as set forth below.
ENTITY: REPRESENTATIVE:
County of Boulder Clark Misner
Deputy Director
Transportation Department
P.O. Box 471
Boulder, CO 80306
City of Boulder Tracy Winfree
Director of Public Works, Transportation
City of Boulder
P. O. Box 791
Boulder, CO 80306
Name or address changes for representatives shall be made in writing, mailed to the other
representatives at the then current address.
I. HEADINGS.
The paragraph headings in this Agreement shall not be used in the construction or
interpretation hereof as they have no substantive effect and are for convenience only.
IN WITNESS WHEREOF, the parties have entered into this Agreement, to be effective
on the date provided above.
CITY OF BOULDER
By: . ~
C~ ty Manager
Date: (~ ~~~o
APPROVED AS TO FORM:
Date:
Deputy Ci Attomey
[SEAL]
ATTEST:
~ ~~ -
Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
COUNTY OF BOULDER, COLORADO
sy: ~ ~-~-- '1 ~6 `06
Ben Peazlman, Chair
APPROVED AS TO FORM:
y Attomey
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MEMORANDUM OF COMMISSIONERS ACTION
TO
FROM:
SUBJ:
Transportation, Records Management
Commissioners Office
Agreement with City of Boulder (SH 119/63`d Street)
This is to advise you that the Board of County Commissioners took the following action
on this matter during a public meeting held ,,
JULY 6, 2006
( XXX ) APPROVED
( ) DENIED
COMMENTS: THREE ORIGINALS
Document distribution ORIG: Trans. - Becki (2)
ORIG: Records - Contracts
COPY: BOCC-AgendaFile
Distributed by: mjr
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~GENDA ITEM #
J U L 0 7 2006
Boulder County
Transportation
( ) OTHER
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