IGA; Boulder County; Flagstaff Rd flood repairs; Exp 11/1/2014Contract Tracking > Thank You
CITY OF BOULDER CITY OF BOULDER
CITY CLERK'S OFFICE CITY CLERK'S OFFICE
CENTRAL RECORDS CENTRdLREC RDS
2014 JUN 27 AM 9: 36 2014 JUN' I I PM 3: 26
STANDARD
Contract Routing Cover Sheet
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Page
Page IofI
OFFICE OF THE CITY ATTORNEY
JUN 0 6 2014
Routing Number
20140606 -9601
Originating Dept
Open Space /Mtn Parks
Contact Person
Cecil Fenio
Phone Number
720 -564 -2005
Project Manager / Contract
Administrator
Jim Reeder
E -mail
mederj @bouldercolorado.gov
Counter Parties
City of Boulder and Boulder County
Contract Title / Type
Intergovernmental Agreement
Number
Description
Agreement for construction of flood r airs to Flagstaff Road and use of OSMP Gregory Canyon
access road for staging materlals. fly Q„ a
Special Instructions
Please send signed originals to Cecil Fenio. Thank -you. 64 l i f a GJVq' 1. hVt —
Amount
$15,000
erase Tye
INCOMING ,X' will rgfu.rn 2,
• Dept. Head Signature_ '-fo—W
d
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing
• Budget— �� [1
• Sales Tax
• City Manager \1J'
• Central Records
Contract Tracking Home I Signature Routino Form I Track Contract Status I
http: / /intraweb.ci. boulder. co. us/ ContractTracking /servlet/Controller 6/6/2014
INTERGOVERNMENTAL AGREEMENT
FOR CONSTRUCTION OF FLOOD REPAIRS TO FLAGSTAFF ROAD
THIS INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF FLOOD
REPAIRS TO FLAGSTAFF ROAD WEST OF THE CITY OF BOULDER (this "Agreement ")
is entered into this - I q day of -t A2 . 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, (the " County"), collectively referred to herein as
the "Parties."
RECITALS
WHEREAS, the parties are authorized to enter into this Agreement pursuant to C.R.S.
§29 -1 -201 et seq .; and
WHEREAS, Boulder County plans to construct flood repairs along Flagstaff Road (the
"Project") approximately 1,500 feet northwest of the City of Boulder's Gregory Canyon
Trailhead Road (the "Property ") that was also damaged by the flood; and
WHEREAS, the Parties have agreed that for timing, cost savings and efficiency, the
Project could use the City's Gregory Canyon Trailhead Access Road for staging of materials and
equipment; and
WHEREAS, the use of the City property will preclude the City's ability to start flood
repairs on the trailhead facility;
WHEREAS, any alternative staging area other than the City property would be further
away from the project and would likely cost to the Project in excess of $15,000;
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, which consists of one(]) 8 -1/2" x 11" drawing, depicts the location of the
Project and of 900 linear feet of the City's trailhead road to be used as a staging area by the
Proj ect;
3. The following Project tasks related to the Work shall be completed by the County:
a. Managing the oversight and funding of Project construction including the use of the
City Property for staging of equipment and/or materials for use in the Project;
b. Ensure the contactor uses no more than 20 feet of width and 900 feet of length for
staging purposes.
Page 1 of 4
c. Compensate the City an amount equal to $15,000 for use of the property and for
costs associated with delay of the City project, within 30 days of receipt of an invoice for
same.
4. The following Project tasks related to the Work shall be completed by the City.
a. Monitoring of the use of City Property for the Project and notification to County
staff if any use not permitted by this agreement is identified;
b. Invoice the County for an amount equal to $15,000 within 30 days of the execution
of this IGA.
c. Avoid any flood repairs, construction activity and/or modifications at or around the
City Property until receiving notification from the County that all repairs and use of the City
Property has been completed.
5. The County will be responsible for keeping the contractor within the boundary of the
previous trail head road, and will be responsible for any additional damage to the parking lot area
caused by the contractor beyond its condition as of the date of this.
6. It is the Parties' mutual goal to complete the Project before November 1, 2014.
Construction work is currently scheduled to begin in June 2014.
7. The City's Project Representative is: Jim Reeder, phone number (303) 413 -7640. The
County's Project Representative is Dan DeLange, phone number (303) 413 -7039.
8. 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
OSMP
66 S. Chenyvale Road
Boulder, Colorado 80303
Attn: Jim Reeder
Boulder County: George Gerstle, Director
Boulder County Transportation
PO Box 471
Boulder, CO, 80306
Either Party may change its address for the purpose of this paragraph by giving written
notice of such change to the other Party in the manner provided in this paragraph.
9. 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
Page 2 of 4
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:
By: Q,l -. e_, S
Jane S. Brautigam, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
h r
City AAbrney
U
COUNTY OF BOULDER, STATE OF
COLORADO COUNTY:
Cindy Dome ' o, Chair, Board of County
Commissioners
ATTEST:
06!'1911 of
Jerk o the Board of Commissioners
Page 4 of 4
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.
10. Neither the City nor the County may assign this Agreement or parts hereof or its duties
hereunder without the express written consent of the other Party.
11. This Agreement may be amended or modified only in writing signed by both Parties.
12. This Agreement constitutes the entire agreement between the Parties relating to the
Work. Any prior agreements, promises, negotiations or representations not expressly set forth in
this Agreement are of no force and effect.
13. 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.
14. Each party agrees to be responsible for its own negligent actions or omissions and
those of its officers, agents and employees in the performance or failure to perform work under
this Agreement. 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.
15. Nothing herein shall be construed as a waiver of the rights and privileges of the City
or the County under the Colorado Governmental Immunity Act, § 24 -10 -101, et seq., C.R.S.
16. No officer, member, or employee of Boulder County, and no members of its
governing body, and no other public official or employee of the governing body of the locality or
localities included within, during his or her tenure or for one year thereafter, shall have any
interest, direct or indirect, in this Agreement, or the proceeds thereof.
17. The City and the 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 local law or regulation regarding non-
discrimination, affirmative action, and /or disadvantaged business enterprises.
Page 3 of 4
EXHIBIT "A"
PROJECT AREA
/ PROJECT"
Y
FLAGSTAFF
ROAD
1,500 feet
BASELINE ROAD
"PROPERTY"
20 feet x 900 feet
! GREGORY
CANYON
TRAILHEAD
! ROAD
�1