IGA; Boulder County; Heatherwood Trail Maintenance; Exp 12/31/2030
INTERGOVERNMENTAL AGREEMENT REGARDING
MANAGEMENT AND MAINTENANCE OF THE
HEATHERWOOD TRAIL
This Intergovernmental Agreement Regarding Management and Maintenance of the
Heatherwood Trail ("IGA") is made and entered into thisrd day of J 2011, by
and between the CITY OF BOULDER, a Colorado home rule city, whose mailing address is
P.O. Box 791, Boulder, Colorado 80306 (the "City"), and the COUNTY OF BOULDER, a body
corporate and politic, whose mailing address is P.O. Box 471, Boulder, Colorado 80306 (the
"County"). The City and the County are collectively referred to herein as the Parties.
RECITALS
WHEREAS 29-1-201, et seq., C.R.S., authorizes the parties to cooperate and contract
with each other with respect to such 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, Section 18(2);
WHEREAS the Heatherwood Trail is a hard surface pedestrian and bicycle trail, with its
northeastern terminus on County-owned property at 75`h Street, just south of Boulder Creek and
its southwestern terminus on the County's Walden Ponds Open Space in Section 13, TIN,
R70W. The Heatherwood Trail, including 15 feet on either side of the center of the centerline of
the trail as constructed on the ground, shall be referred to herein as the Trail Corridor, the general
alignment of which is generally shown on Exhibit A;
WHEREAS a portion of the Trail Corridor, which portion includes a parking lot, passes
through the Boulder Wastewater Treatment Plant Property ("Treatment Plant Property"), which
is owned by the City and located as shown on Exhibit A; and
WHEREAS the Parties wish to enter into this IGA to establish the relative
responsibilities of the City and the County with respect to improvements to, and management
and maintenance of, the Trail Corridor and parking lot.
AGREEMENT
NOW THEREFORE, in consideration of the recitals, promises, and agreements
contained herein, the sufficiency of which is hereby acknowledged and agreed to, the Parties
agree as follows:
I . Term. This IGA shall expire December 31, 2030, unless the Parties agree in
writing to an extension or unless the Parties agree in writing to terminate at an earlier date, as set
forth below.
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2. [mpravements.
i. Heatherwood Trail. The surface of the Heatherwood Trail is currently in
disrepair and it is in the Parties' interest to remove and recycle existing asphalt and replace it
with crusher fines. The Parties also agree that the alignment of a portion of the Heatherwood
Trail that is in close proximity to Boulder Creek should be changed, as depicted on Exhibit A.
As set forth on Exhibit B, which exhibit is attached hereto and incorporated herein by this
reference, the total cost of improvements to the Heatherwood Trail is approximately $52,950.00.
The County and/or its contractors will construct the improvements to the Heatherwood Trail but,
subject to the maximum City share stated below, the Parties will share equally in the cost of
these trail improvements. The County and its contractors will obtain all required licenses and
permits (including any required City licenses or permits) before beginning construction under
this Agreement, and will maintain those licenses and permits, as required, during the
construction.
ii. Parking Lot. The County shall improve and expand the parking lot on the
Treatment Plant Property substantially according to the site plan on Exhibit C, which exhibit is
attached hereto and incorporated herein by this reference. The cost for the materials for the
parking lot expansion is estimated to be approximately $15,000.00. Subject to the maximum
City share stated below, the City and the County will share equally in the cost of the materials
for the parking lot, with the County providing all labor associated with the parking lot
construction at no cost to the City.
iii. City Review and Payment. Upon its completion of the improvements to
the Heatherwood Trail and the parking lot, the County shall present the City with a bill for the
costs, and afford the City the opportunity to review and approve of the improvements. Within 30
days after the City's approval of the improvements, which approval may not be unreasonably
withheld, the City shall reimburse the County for its share of the costs associated with the
improvements, up to a maximum total City share of $50,000.
3. Maintenance. For the term of this IGA, the County shall be solely responsible for
the management and routine maintenance of the Trail Corridor and parking lot for its use as a
public trail for passive recreation.
i. Routine Maintenance. Routine management and maintenance of the Trail
Corridor by the County shall be subject to the availability of funds appropriated for such
purposes. Routine maintenance includes patrol, mowing, weed control and urban forestry
maintenance.
ii. Capital Improvements and Maior Maintenance. If, after completion of the
improvements to the Trail Corridor and parking lot as set forth above, either of the Parties
believe that capital improvements or major maintenance of the Heatherwood Trail are necessary,
it may request the other Party to share in these costs. There shall be no requirement of any
contribution by either Party without further written agreement of the Parties.
iii. Rules and Regulations. The County shall have the authority and
jurisdiction to enforce the Rules and Regulations for Boulder County Parks and Open Space
Areas, as those Rules and Regulations are amended from time to time, along the entire Trail
Corridor, including upon the City's Treatment Plant Property. While the County shall have
primary enforcement responsibility for the Trail Corridor, nothing in this IGA shall limit the
City's rights to enforce applicable City ordinances and regulations on the portion of the Trail
Corridor that crosses the Treatment Plant Property.
iv. Treatment Plant Property. The City shall retain exclusive authority and
jurisdiction to manage and regulate all portions of the Treatment Plant Property located outside
of the Trail Corridor.
4. SiSi~nage. The County shall have responsibility for placing regulatory signage in'
the Trail Corridor. On the portion of the Trail Corridor that crosses the "Treatment Plant
Property, the County shall post and maintain signs clearly identifying City ordinances and fines
regarding trespassing and other Boulder Revised Code violations in locations agreed upon by
City and County staff. The City reserves the right to post additional signage, when and where
required on the portion of the Trail Corridor crossing the Treatment Plant Property after
consultation with the County.
5. Temporary Closure. The City has the right to close the Trail Corridor temporarily
if the City deems that an emergency or potentially threatening situation exists and that such
closure is necessary to protect the security of the City's Wastewater Utilities facilities. In such a
situation, the City shall give the County advance notice of such temporary closure if feasible. If
advance notice is not feasible, the City shall post temporary closure signs along the Trail
Corridor and provide the County notice as soon as reasonably possible.
6. Structures. With the exception of signage and the Heatherwood Trail itself, the
County shall place no permanent structures or improvements within the Treatment Plant
Property.
7. Responsibility. Each Party assumes responsibility for its agents and its
employees' actions and omissions in the performance of, or failure to perform, work under this
IGA. Neither Party waives or intends to waive the limitations on liability that are provided to the
Parties and their officers and employees under the Colorado Governmental Immunity Act, 24-
10-101 el seq., C.R. S.
8. City Utility Facilities. Nothing in this IGA shall diminish the City's ability to
operate and maintain the Treatment Plant Property for any purposes permitted by law.
9. Entire Agrgement. This IGA contains the complete and entire agreement between
the parties and supersedes any prior oral agreements, concerning the Trail Corridor and the
parking lot.
10. Modifications. This IGA may not be modified, discharged or changed in any
respect whatsoever, except by a further agreement in writing duly executed by the Parties.
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11. Termination. Upon sixty (60) days' written notice, the City or the County shall
have the right to terminate this IGA.
12. Notice. All notices under this IGA shall be given by registered or certified mail,
postage prepaid, directed as follows, and shall be deemed given on the date of mailing:
If to County: Director of Boulder County Parks and Open Space Department
Attn: Director
5201 St. Vrain Road
Longmont, CO 80503
Ph. (303) 678-6200
With copy to: County Attorney's Office
P.O. Box 471
Boulder, CO 80306
Ph. (303) 441-3190
If to City: Director of Public Works for Utilities
Public Works Department
City of Boulder
P.O. Box 791
Boulder, CO 80306
Ph. (303) 441-3200
With copies to:
Property Agent
Open Space and Mountain Parks Department
P.O. Box 791
Boulder, CO 80306
Ph. (720) 564-2000
and
City Attorney
1777 Broadway
Boulder, CO 80302
Phone: 303-441-3093
Fax: 303-441-3859
Mailing Address:
P.O. Box 791
Boulder, CO 80306
13. The validity and effect of this IGA shall be determined in accordance with the
laws of the State of Colorado.
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14. This IGA may be executed in any number of counterparts, each of which shall be
deemed an original, and all of which shall constitute one and the same agreement. Facsimile
signatures shall be acceptable to and binding upon the Parties.
15. This IGA shall be recorded in the office of the Clerk and Recorder of Boulder
County, Colorado.
16. If any part of this IGA is found, decreed or held to be void or unenforceable, such
finding, decree or holding shall not affect the other remaining provisions of this IGA, which shall
remain in full force and effect.
IN WITNESS WHEREOF, the County and the City have executed this IGA on the
dates set forth next to their signatures, effective as of the day and year first set forth above.
BOARD OF COUNTY COMMISSIONERS
BOULDER COUNTY, COLORADO
By:
Cindy Do ico, Chair
L OF ~
A'rrEST:
Cleric to the Board
0 LA 03` i
Date
CITY OF BOULDER
By:
Jane Brautigam
City NRfiager
ATTEST:
City Clerk olrbeh&W~ floe
C, w
Approved as to foam: .
City Attorney
Date
5
EXHIBIT A
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6
EXHIBIT B
Table showing costs of improvements
Heatherwood Trail Tasks Updated 11-10-11 Cost Notes
Road Maintenance would remove and crush
Remove and Recycle Asphalt - BC Road Maintenance $8,500.00 4100 feet of asphalt
Would need to have two to three staging areas
Crush Refine Cost at estimated $131ton delivered $15,600.00 on site
Fabric for trail $1,400.00
Revegetation of trail edge $2,000.00
One month loader rental $2,500.00
Estimated material cost, could be more with
Bridge Railings upgrade $3,000.00 labor
15% contingency $4,950.00
PO5 will utilize one youth corps and staff to
POS Labor and youth corps $40,000.00 construct the trail
TOTAL $77,950.00
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EXHIBIT C
Site plan for parking lot.
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51te Plan Schematla (Exhlblt C) Heatffel'NIOOd TrallhOW
751h Sbue'L Boulder~~
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Contract Tracking IGA > Thank You Page 1 of I
CONDITIONAL
Document Routing Cover Sheet
Please print and attach to your document.
You can view the status of your contract using the Contract Tracking S.t~itiis Rao.
Routing Number 20120308-7286
Originating Dept Public Works
Routing Contact Person Mary Wallac Phone Number 303-441-1831
Project Manager / Contract Douglas Sullivan Email sullivand@bouldercolorado.gov
Administrator
Counter Parties Boulder County
Contract Title / Type Intergovernmental Agreement (IGA)
Number
Description Agreement re management zd maintenance of the Heatherwood Trail. IGA approved by City
Council on 3/7/2012-_
Ac ion Items
Date N ote
(1)
(2)
(3)
Expiration Date 12/31/2030
Amount 50,000 Expense Type OUTGOING
• Dept. Head Signaturef f K i /7 j~j
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing
v( ~ a- fitf L~jS
• Budget~_ 11 1 l ~5 `11 SS
• Sales Tax Wq!\ , [442 We L`
• CAO ~ OVIP~,- S JAq+J t--L
• City Manager rte- t'(I~ ~ ' +0
c3 (-A. .
• Central Records
A link to the electronic copy of the document(s) will arrive via e-mail to the e-mail addresses on the routing form
once document has been scanned into LaserFiche.
Contract Track nq Home I Sionat;ire itnntinq Form ' IYa;A C:c~nts'act St~~tus I llPdate Conliact Status
http://intraweb.ci.boulder.co.us/ContractTracking/servlet/Controller 3/8/2012