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Contract Routing Cover Sheet
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Routing Number
20150304-0388
'originating Dept
Open Space/Mtn Parks
Contact Person
Cecil Fenio
Phone Number 220-564-2005
Project Manager / Contract
]int Reeder
E-mailI reederj@bouldercolorado.gov
Administrator
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(counter Parties
I Contract Title / Type
I Number
Description
Special Instructions
Amount
City of Boulder and Boulder County
Intergovernmental Agreement
Agreement with Boulder County regarding the design, construction and maintenance of the Boulder
Canyon Trall extension. The city's share of the cost is expected to he $546,635.
Please send all three signed coplesto me. we will get county signatures and return a completed
document to Central Records. Thank -you, Cecil Fenio OSMP
$546,635.
• Dept. Head Signature
NOTE; Originating Department: Identify with a check mark all areas document needs to be muted.
• Purchaslny
• Budg^t
• Sales Tax
• CAn
• City Manager
• Central Records
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Cgn art Tacking Home I Sigreture Routho Form I Tack Contract Status I Update Contract Status
1 of 1 5/7/2015 8:34 AM
DomSign Envelope ID: OA040B07-8AE8d800-BDBF-549F15FB1850
INTERGOVERNMENTAL AGREEMENT
FOR DESIGN AND CONSTRUCTION OF THE BOULDER CANYON TRAIL
THIS INTERGOVERNMENTAL AGREEMENT FOR DESIGN AND
CONSTRUCTION OF THE BOULDER CANYON TRAIL ("the Agreement') is entered into
this 31 day of March . 2015, 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 sea.;
WHEREAS, the Parties jointly participated in the development of a conceptual design to
extend the Boulder Canyon Trail (the "Trail") from its existing terminus to the SH 119 tunnel; and
WHEREAS, the County used these conceptual designs to apply for state transportation
funds to design and construct the Trail; and
WHEREAS, the Trail would in part provide non -motorized, grade separated access to
the City's recently completed Chapman Drive Trailhead; and
WHEREAS, some segments of the Trail would be located on City owned parcels; and
WHEREAS, the County has been awarded Colorado Department of Transportation
("CDOT") funds to design and construct the Trail; and
WHEREAS, the local match requirement of the CDOT award is $1,093,270.00; and
WHEREAS, in consideration of the mutual benefit of the projects, the Parties have
agreed to both participate in providing the local match; o =
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NOW, THEREFORE, in consideration of the mutual covenants below, and other god z; '
and valuable consideration, the receipt of which is acknowledged, the Parties agree to'ihe
following terms: rn j
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TERMS AND CONDITIONS
1. The Recitals set forth above are incorporated herein and made apart of this Agreement
2. The design and construction of the Trail, as referred to herein, pertains to all aspects of
development of the Trail. This includes but is not limited to topographical survey, preliminary
and final designs, environmental clearances, public process, traffic control, storm water
management, mobilization, construction and construction management.
3. The County will be the lead agency on the development of the scopes of work for the design
and construction of the Trail. The City will review and provide comments on all scopes of work.
The County will be the sole agency to enter into agreements with selected contractors.
4. The City agrees to the contractor procurement processes established by and agreed to by
CDOT and the County for all design and construction.
5. The City will contribute 50% of the local match requirements for the Trail via the following
procedures:
a. As the agency entering into all contracts with selected contractors, the County at its
sole discretion will approve and pay for all project invoices related to the design and
construction of the Trail.
b. In a schedule that is in accordance with the agreement between the County and
CDOT, the County will invoice CDOT for 80% of project expenditures.
C. The County will invoice the City for 10% of all project expenditures on a monthly
basis.
d. The City shall pay all project related invoices within 30 days of receipt of the
County invoice.
6. Project representatives from the Parties will meet in person no less than monthly to ensure
smooth- collaboration and-communicatiom Meetings will -begin of the signing of thus IGA and
continue to the conclusion of all invoicing and reimbursements.
7. Upon receipt of the bids for construction but before construction contractor award, the Parties
will review remaining budget available for construction and all construction related activities. Based
upon this information the Parties will in good faith effort revisit the scope of work and determine if
all components identified in the design of the Trail can be constructed with the remaining budget.
Should the Parties determine it necessary and prudent to contribute additional local funds to this
project, an additional agreement between the Parties will be developed.
8. The City will be responsible for the following tasks:
a. Facilitate any needed design review by City staff, Boards and Commissions, and City
Council.
b. Facilitate obtaining any and all city permits as needed for the design and construction of
the Trail including construction on City owned parcels.
c. Assist with notification of public meetings through the City's public information
officer(s).
9. The City's financial commitment to this project will be $546,635.00, payable in the
procedures outlined in 5 above. Should the Parties agree that additional local funds are needed,
additional IGAs will be executed per 7 above.
10. At the County's sole discretion the County will be responsible for continuing maintenance of
the Trail once the Trail is fully constructed and operational.
11. The City's Project Representative is: Jim Reeder, phone number (720) 564-2080. The
County's Project Representative is Scott McCarey, phone number (720) 564-2665.
12. 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. Cherryvale 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.
13. 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.
14. 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.
15. This Agreement may be amended or modified only in writing signed by both Parties.
16. 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.
17. 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.
18. 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.
19. 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.
20. The Parties 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.
21. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado
Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the
City's obligations under this Agreement are subject to annual appropriation by the City Council
of the City. Any failure of a City Council annually to appropriate adequate monies to finance the
City's obligations under this Agreement shall terminate this Agreement at such time as such
then -existing appropriations are to be depleted. Notice shall be given promptly to the Parties of
any failure to appropriate such adequate monies.
22. No Joint Venture. The Parties are independent contracting parties. Nothing in this
Agreement shall create a joint venture, partnership, employer-employee or other relationship
between the Parties.- Except as expressly permitted under this Agreement, neither Party may act --
as agent for, on behalf of, or in the name of the other or otherwise make representations or
commitments, verbal or written, on behalf of the other Party without the other Party's prior
consent.
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.
ATTEST:
APPROVED AS TO FORM:
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ATTEST:
CITY OF BOULDER:
By:/f
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Jane S. Brautigam, City Manager
COUNTY OF BOULDER, STATE OF
COLORADO COUNTY:
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C, Chair, Board of County
5 Commissioners
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?elerClerktAeBoanf Commissioners
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Deb Gardner
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