IGA; Boulder County; Wetlands construction; Exp 1/1/2015Contract Tracking > Thank You
CITY OF BOULDER
CITY CLERK'S OFFICE
CENTRAL RE;ORDS
STANDARPP I A 1 A�J q 1
Contract Routing Cover Sheet i
Please print and attach to your document
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Page 1 of 1
7*►? -f G 2014
Routing Number
20140306 -9348
Originating Dept
Public Works
Contact Person
KfztR i.7o tfu Nf
Phone Number
303 - 441 -3266
Project Manager / Contract
Administrator
Brian Wiltshire
E -mail
wiltshireb @bouidercolorado.gov
Counter Parties
Boulder County
Contract Title / Type
IGA
Number
z
Description
City of Boulder and Boulder County working together in regards to the construction of wetlands to
mitigate impacts from 63rd st. Bridge Replacement.
Special Instructions
Please route through Janet Michaels (CAO). Return original to KerriJo Hunt via interoffice mail to
Park Central, 2ndfl. so that it can then be sent to the County for signature. W will then make sure
Ce ntral Records receives the original executed copy when it's returned. Thank you.
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http: / /intraweb.ci. boulder. co. us /ContraetTracking /ser /Controller 3/6/2014
INTERGOVERNMENTAL AGREEMENT
FOR CONSTRUCTION OF WETLANDS TO MITIGATE
IMPACTS FROM 63 STREET BRIDGE REPLACEMENT
(63 STREET BRIDGE REPLACEMENT PROJECT)
THIS INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF
WETLANDS ADJACENT TO 63' STREET BETWEEN THE BOULDER COUNTY
RECYCLING CENTER AND THE LEGGETT DITCH (this "Agreement ") is entered
into this 14 0 day of Mnvdn . 2014, by and between the CITY OF
BOULDER (the "City"), a Colorado home rule municipality, and BOULDER COUNTY,
a political subdivision of the State of Colorado ( "Boulder County"), collectively referred
to herein as the "Parties."
RECITALS
WHEREAS, the City has been working with Boulder County to design and
construct wetlands adjacent to 63` Street, between the Boulder County Recycling
Facility and the Leggett ditch; and
WHEREAS, the design and construction of the wetland mitigation will be
through the City's design consultants and contractors for the Project; and
NOW, THEREFORE, in consideration of the mutual covenants below, and other
good and valuable consideration, the receipt of which is acknowledged, the Parties agree
to the following terms:
TERMS AND CONDITIONS
1. The Recitals set forth above are incorporated herein and made a part of this
Agreement.
2. Exhibit A generally depicts the wetland mitigation. Boulder County has
reviewed the wetland design and provided input on the work shown on Exhibit A. The
Parties will continue to work together to create final plans and specifications for the
Project (the "Final Plans and Specifications "). For the purposes of this section, "Final"
shall mean a level of detail that corresponds with 100% design completion.
3. The work associated with the Project (the "Work ") shall be performed in
accordance with the Final Plans and Specifications as approved in writing by Boulder
County. Boulder County's review authority shall be limited, however, to that portion of
the Work described on bid Schedule A of the Final Plans and Specifications. Boulder
County may require any reasonable modifications necessary to ensure its construction
requirements are met prior to advertising the Project for bids. The Work, includes the
following:
a. Grading upland areas next to the existing on -site wetlands to a level
approximately 1 foot below the grade of the adjacent marsh wetlands;
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b. Planting a total of 3,100 native wetlands plants by hand;
4. The following Project tasks related to the Work shall be completed by the
City:
a. Obtaining all permits, licenses, authorizations and approvals, including any
necessary property rights or authorizations, from Boulder County, or other
regulatory or governmental agencies;
b. Reset any fences, utility lines, etc. if necessary to acceptable locations.
c. Repair any damage to the existing wetlands, swales or other amenities
resulting from the project.
d. Providing design and construction management of the Work;
e. Providing on -site construction management, quality assurance and quality
control of the Work; and
f Providing for completion of the Work through its contractor(s).
5. It is the Parties' mutual goal to complete the Project before January 1, 2015. The
design work is anticipated to be complete by February 2014. Construction work is
scheduled for summer 2014.
6. The construction contract shall be competitively bid such that the procurement
process will comply with chapter 2 -8, Boulder Revised Code, 1981 and any rules or policies
adopted thereunder. The contract shall provide that the contractor perform the Work
according to the Final Plans and Specifications. Project elements shall be itemized in all
bids. Boulder County is entitled to review all bids related to the Work prior to acceptance
and to delete items from the Work if Boulder County and the City mutually agree it is in its
best interest of the Project to do so. BOULDER COUNTY shall be designated as a third -
party beneficiary of the construction contract entitled to enforce all terms and provisions
related to the Work, as set forth in Exhibit A and described in paragraph 3, above.
BOULDER COUNTY shall also be named an additional insured on all insurance policies
required by the construction contract to the value and extent of the Work for casualty
purposes, and without such limitation for liability purposes. BOULDER COUNTY shall be
entitled to enforce all warranties related to the Work. Warranties shall be for a term of not
less than one (1) year from final acceptance. The contractor shall be required to indemnify
BOULDER COUNTY to the same extent it indemnifies the City for all work under the
construction contract. BOULDER COUNTY shall have the right to proceed directly
against the contractor.
7. BOULDER COUNTY shall be notified of all regularly- scheduled, weekly
construction meetings at least 24 hours in advance during Project construction and shall
have the right to have a Project Representative or his or her designee at all such meetings.
BOULDER COUNTY shall have the right to have a Project Representative or his or her
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designee present at all times to ensure conformance of the Work to the Final Plans and
Specifications. BOULDER COUNTY shall not directly give instruction to the
contractor, but shall coordinate all requests through the City.
8. The BOULDER COUNTY Project Representatives shall have access to, and
shall be provided with copies upon request of, all design and/or construction
correspondence between the City, the contractor, Professional Wetlands Consulting, Inc.,
or any other person or entity related to the Work. This correspondence will include and
will not be limited to the following: Construction Schedule, Daily Inspection Reports,
Materials Testing Reports, Shop Drawings, Requests for Information, Field
Clarifications, Change Notices /Orders, Operation & Maintenance Manuals, Permits,
Certificates of Occupancy, Electronic As -built Drawings in an Adobe (.pdf) format.
Items provided to BOULDER COUNTY hereunder shall be in the same electronic format
as may be provided to the City by its consultants and/or contractors.
9. BOULDER COUNTY's Project Representatives are: for the design, Jeff
Callahan, Resource Conservation Manager, Boulder County, 1901 63 Street, Boulder,
CO 80301, phone number 720 - 564 -2221. The City's Project Representative is Brian
Wiltshire, phone number 303 - 441 -4162.
10. All change orders affecting the Work shall be reviewed and approved by the
BOULDER COUNTY Project Representative prior to approval of the change orders by
the City. BOULDER COUNTY shall provide its response to any request for a change
order within 7 days of submittal or shall be deemed to have approved such request for a
change.
11. The City agrees to maintain all wetland related improvements and plantings
constructed under this Project at its own expense for a period of one year.
12. In exchange for the use of Boulder County property for the purpose of
wetland mitigation, the City shall consider a similar agreement when Boulder County has
a need for use of city property. The exact nature of the property and /or use by Boulder
County is not included in this agreement.
13. Any notices or other communications required or permitted by this Agreement
or by law to be served on, given to, or delivered to either Party by the other Party, shall be in
writing and shall be deemed duly served, given, or delivered when personally delivered to
the representative to whom it is addressed or in lieu of such personal services, upon receipt
in the United States mail, first -class postage prepaid, addressed to the following:
City of Boulder: City of Boulder
1739 Broadway (if hand delivered)
P.O. Box 791 (if by U.S. Mail)
Boulder, Colorado 80306
Attn: Transportation Division
and
City Attorney's Office
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1777 Broadway
P.O. Box 791
Boulder, CO 80306
Boulder County: Boulder County
190163' Street
Boulder, CO 80301
Attn: Jeff Callahan
Either Party may change its address for the purpose of this paragraph by giving
written notice of such change to the other Parry in the manner provided in this paragraph.
14. 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 Parties and nothing contained in this Agreement shall give or
allow any such claim or right of action by any other third party on such Agreement. It is
the express intention of the Parties that any person other than Parties receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
15. Neither the City nor BOULDER COUNTY may assign this Agreement or parts
hereof or its duties hereunder without the express written consent of the other Party.
16. This Agreement may be amended or modified only in writing signed by both
Parties.
17. This Agreement constitutes the entire agreement between the Parties relating
to the Project. Any prior agreements, promises, negotiations or representations not
expressly set forth in this Agreement are of no force and effect.
18. This Agreement shall be governed by and construed in accordance with the
laws of the State of Colorado, with venue in Boulder County for any litigation related to
this Agreement.
19. No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other provisions of this Agreement, nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided herein, nor shall the
waiver of any default hereunder be deemed a waiver of any subsequent default hereunder.
20. Nothing herein shall be construed as a waiver of the rights and privileges of
the City or BOULDER COUNTY under the Colorado Governmental Immunity Act,
§ 24 -10 -101, et seq., C.R.S.
21. The City and BOULDER COUNTY agree that in connection with the
performance of this Agreement, they will each maintain an environment free from
discrimination. To that end, each shall comply with any applicable federal, state and/or
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local law or regulation regarding non - discrimination, affirmative action, and/or
disadvantaged business enterprises.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed and delivered by their respective officers thereunto duly authorized as of the
date first above written.
CITY OF BOULDER:
B
Jane S. Brautigam, City Manager
ATTEST:
City Clerk
F4 "' I I"17:F.Y 1119101 1413 A
City Attorney 3- to _ 4
Boulder County:
. IGP.tvL
/Jai i Petersen, Director Administrative
�rvices
APPROVED AS TO FORM
FOR BOULDER COUNTY:
h
Assistant County Attorney
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