IGA; several entities; Rocky Mountain Greenway; Exp 12/31/2017 Contract Tracking IGA > Thank You , Page 1 of 2
OULDER
THE CITY ATTORNEY
N 0 8 2017
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CONDITIONAL
Document Routing Cover Sheet
Please print and attach to your document. ay
You can view the status of your contract using the Contract Tracking Status Page. CJ'I
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Routing Number 20170607-3080
Originating Dept Open Space/Mtn Parks
Routing Contact Person Lauren Kilcoyne Phone Number 720-564-2015
Project Manager/ Contract Mark Gershman Email gershmanm@bouldercolorado.gov
Administrator
Counter Parties Multiple
Contract Title /Type Rocky Mountain Greenway IGA
Number
Description IGA between City of Boulder,County of Boulder, City and County of Broomfield, City of Arvada,
City of westmins r,and County of Jefferson regarding evaluation and f- u�of a Rocky Mountain
Greenway Trail,
Action Items
Date Note
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(3)
Expiration Date 12/31/2017
Amount ) 9. M,
• Dept. Head Signature
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A link to the electronic copy of the document(s)will arrive via e-mail tie-ye-mail addresses on the routing form
https://work.bouldercolorado.gov/ContraetTracking/servlet/Controller 6/7/2017
INTERGOVERNMENTAL AGREEMENT
FOR EVALUATION AND FUNDING OF A ROCKY MOUNTAIN GREENWAY TRAIL
RADIONUCLIDE SOIL SAMPLING AND ANALYSIS PLAN
THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), dated for reference purposes
this 12 day of U U qu, ' 2017, is by and between the City of Boulder,
a home-rule municipal corporation and political subdivision of the State of Colorado ("City of
Boulder"), County of Boulder, a body politic and corporate and political subdivision of the
State of Colorado ("Boulder County"), City and County of Broomfield, a Colorado
municipality and county ("Broomfield"), City of Arvada, a home-rule municipal corporation
and political subdivision of the State of Colorado ("Arvada"), City of Westminster, a home-rule
municipal corporation and political subdivision of the State of Colorado ("Westminster"), and
County of Jefferson, a body politic and corporate and political subdivision of the State of
Colorado ("Jefferson County"). The above parties may be individually referred to herein as a
"Party" and collectively as the"Parties."
RECITALS
A. Section 18(2)(a) of Article XIV of the Colorado Constitution and C.R.S. §§ 29-1-201, et
seg., and 29-20-105 authorize and encourage governments to cooperate with each other
for purposes of planning and development and to provide for the joint exercise of
functions and services to which each is individually authorized.
B. The governing board of each Party has adopted a resolution supporting, or conditionally
supporting, Jefferson County's submission of an application for a Federal Lands Access
Program Grant ("FLAP Grant") to fund a project ("Project") for the design and
construction of grade-separated trail crossings entering the Rocky Flats National Wildlife
Refuge.
C. Jefferson County expended $40,000.00 to retain Amec Foster Wheeler Environment &
Infrastructure, Inc. to prepare the FLAP Grant application ("Application Costs").
D. Jefferson County's FLAP Grant application was one of ten applications selected by the
Colorado FLAP Programming Decisions Committee for consideration of Colorado FLAP
funding.
E. Jefferson County will provide, or has provided, $10,000.00 ("Scoping Costs") to the
FHWA to develop a scoping summary, scoping report, and preliminary estimate for
design, construction, and construction engineering to verify the scope and cost of the
Project.
F. The Parties' support of the Project is contingent on a radionuclide soil sampling and
analysis plan ("SAP"), SAP sampling results, and SAP final report that independently
verify the conclusions of the CERCLA cleanup efforts that the levels of Americium,
Plutonium, Uranium, and their related isotopes at the Project sites are in a state protective
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of human health and the environment.
G. Jefferson County will issue, or has issued, a Request for Proposals ("RFP") for the design
of the SAP and preparation of a final SAP and report. The scope of work ("SOW") for
the contract ("SAP Contract") Jefferson County will enter into for this work is attached as
Exhibit A and incorporated by reference. As set forth in the SOW, the Parties will be
provided the opportunity to review and comment on the draft SAP.
H. The Parties desire to enter into this IGA to address the Parties' participation in the RFP
selection process,joint review of the SAP, and funding of the SAP Contract.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals, promises, covenants, and
undertakings hereinafter set forth, the Parties agree as follows:
1. RECITALS. The Recitals set forth above are incorporated into and made a part of this
IGA.
2. REQUISITION PROCESS. Following approval by its Board of County
Commissioners, Jefferson County shall enter into the SAP Contract with the selected
consultant ("Consultant"). It is anticipated the SAP Contract price ("Contract Price")
will not exceed $100,000.00; however, the final SAP Contract Price will not be
determined until the Consultant is selected and the SAP Contract is executed. Upon its
approval of the Consultant's work Jefferson County shall compensate the Consultant in
accordance with the terms of the SAP Contract.
3. REVIEW OF PROPOSALS AND SAP. Jefferson County shall consult with and
provide each Party the opportunity to evaluate, discuss and rank the proposals submitted
in response to the RFP. In addition, Jefferson County shall distribute the draft SAP to the
other Parties and provide each Party the opportunity to discuss and evaluate the draft
SAP. Each Party may request that the Consultant present the findings and conclusions of
the final SAP to its governing board.
4. FUNDING CONTRIBUTION.
a. Within 30 days of receipt of an invoice from Jefferson County, each Party shall
reimburse Jefferson County a percentage of the Contract Price as set forth below:
i. City of Boulder: 10%
ii. Boulder County: 10%
iii. Broomfield: 12.5%
iv. Westminster: 22.5%
v. Arvada: 22.5%
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b. As a result of these contributions, Jefferson County's final share of the Contract
Price is 22.5%. Provided the FLAP Grant is awarded, in a later
Intergovernmental Agreement among the Parties, Jefferson County shall be
reimbursed for its Application Costs and Scoping Costs from the FLAP Grant
proceeds and based on the same reimbursement ratios as set forth in Paragraph
4.a. above..
5. NOTICES. Communications pertaining to this IGA shall be directed to each Party as
follows:
City of Boulder County of Boulder
Mark Gershman,Planning Supervisor Megan Davis, Policy Analyst
City of Boulder Open Space and Mountain Parks Boulder County
PO Box 791, Boulder, CO 80306 5201 St Vrain Rd, Longmont, CO 80503
Phone:720-213-6390 Phone: 303-441-3562
Email:gershmanm@bouldercolorado.gov Email: mdavis@bouldercounty.org
Broomfield Arvada
Kristan Pritz, Director of Open Space Sarah Washburn, Senor Landscape Arch.
City and County of Broomfield City of Arvada
One DesCombes Drive 8101 Ralston Road
Phone: 303-438-3665 Phone: (720) 898-7391
Email: kpritz@broomfield.org Email: sashburn@arvada.org
Westminster Jefferson County
Heather Cronenberg Open Space Superintendent Andrew Valdez, Open Space Planner
City of Westminster 700 Jefferson County Parkway
4800 West 92nd Avenue Golden, CO 80401
Phone: 303.658.2142 Phone: 303-271-5983
Email: hcronenb@CityofWestminster.us Email: avaldez@jeffco.us
6. ENTIRE AGREEMENT. This IGA is intended as the complete integration of all
understandings among the Parties. No prior resolution, and no prior or contemporaneous
addition, deletion, or other amendment to this IGA shall have any force or effect, unless
embodied herein in writing. No subsequent amendment shall have any force or effect
unless contained in a written agreement executed by the Parties.
7. ENFORCEMENT. The enforcement of this IGA and all rights of action relating to
such enforcement, are reserved to the Parties.
8. NO ASSUMPTION OF LIABILITIES. By entering into and performing under this
IGA no Party is assuming any liability for the acts or omissions of any other Party or
third parties.
9. GOVERNMENTAL IMMUNITY. Nothing contained in this IGA shall give or allow
any claim or right of action by any other third person, nor shall anything contained in this
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IGA be construed as a waiver of any provision of the Colorado Governmental Immunity
Act, C.R.S. §§ 24-10-101, et. seq., as amended. The Parties intend that any person or
entity other than the Parties be deemed an incidental beneficiary only.
10. OFFICIALS NOT TO BENEFIT. No elected or employed member of any Party shall
be paid or receive, directly or indirectly, any share or part of this IGA or any benefit that
may arise therefrom.
11. NON-APPROPRIATION. This IGA shall not be interpreted to impose a multi-year
obligation on the Parties. Financial commitments of the Parties under this IGA payable
after the current fiscal year are contingent upon funds for this IGA being appropriated,
budgeted and otherwise made available by a Party. If funds for this IGA are not
budgeted and appropriated in any year subsequent to the fiscal year of execution of this
IGA, a Party may immediately terminate its participation in this IGA by giving the other
Parties notice of such non-appropriation.
12. NO EMPLOYMENT RELATIONSHIP. By entering into and performing under this
IGA no Party is acting as an agent, servant or employee of any other Party.
13. EXECUTION BY COUNTERPARTS; ELECTRONIC SIGNATURES. This IGA
may be executed in counterparts, each of which shall be deemed an original and shall
constitute one and the same instrument. The Parties approve the use of electronic
signatures for execution of this IGA. Only the following two forms of electronic
signatures shall bind the Parties: (1) Electronic or facsimile delivery of a fully executed
copy of a signature page; or (2) The image of the signature of an authorized signer
inserted onto PDF format documents. All use of electronic signatures shall be governed
by the Uniform Electronic Transactions Act, C.R.S. §24-71.3-101 through §24-71.3-121.
14. EFFECTIVE DATE. The Effective Date of this IGA is the date on which it has been
fully executed by the Parties.
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IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed.
CITY OF BOULDER
By:CT-- w 5 c
y Manager
Date: a az, 2 D l�
ATTEST:
By: �—
Clerk
APPROVED AS TO FORM:
By: .�
Cit Attorney
COUNTY OF BOULDER
By:
Chair
Date:
APPROVED AS TO FORM:
By.
County Attorney
s
CITY AND COUNTY OF BROOMFIELD
By:
Date:
APPROVED AS TO FORM:
By:
CITY OF ARVADA
By:
Date:
APPROVED AS TO FORM:
By:
CITY OF WESTMINSTER
By:
Date:
APPROVED AS TO FORM:
By:
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COUNTY OF JEFFERSON, a body corporate and
politic
By:
Libby Szabo, Chairman
Date:
APPROVED AS TO FORM:
By:
Steven L. Snyder
Assistant County Attorney
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Exhibit A
INTRODUCTION AND BACKGROUND
In May of 2016, Jefferson County Open Space (JCOS) along with the City and County of
Broomfield, City of Arvada, City of Westminster, Boulder County and City of Boulder
(collectively referred to as the `Partner Group') submitted a Federal Lands Access
Program (or FLAP, a funding source administered by the Federal Highway
Administration or FHWA) grant to construct two grade separated trail crossings with the
intent of linking planned trail improvements at Rocky Flats National Wildlife Refuge
(Refuge)with the existing trail infrastructure adjacent to the Refuge (see map).
This project is part of the broader initiative known as the Rocky Mountain Greenway
(RMG), a regional trails project that aims to connect the four Front Range federal lands
(Rocky Mountain Arsenal National Wildlife Refuge, Two Ponds National Wildlife Refuge,
Rocky Flats National Wildlife Refuge and Rocky Mountain National Park) to each other
via a grade-separated, multi-use path.
Support for this project among the six partners was contingent upon additional soil
sampling confirming the safety of the site for construction activities and public usage
(see attached resolutions). In August of 2016, FHWA notified Jefferson County of
approved funding status (https://fIh.fhwa.dot.gov/programs/flap/co/) and requested that
the six partners satisfy their respective jurisdiction's requirement for soil sampling and
testing before project scoping, design and construction begin.
This statement of work is to solicit proposals consultants specialized in radionuclide
analysis to develop the Sampling and Analysis Plan (SAP) for this effort.
The project will be broken into two phases: Phase I (design of a radionuclide soil
Sampling and Analysis Plan) and Phase II (execution of final SAP and report).
PROJECT SCOPE OF WORK
Each member of the Partner Group will designate a single point of contact for the winning Offeror
to coordinate with.
PHASE I: Design of a Radionuclide Soil Sampling and Analysis Plan (SAP)
The following provides the requested elements (or scope) of the SAP.
Element 1: Independent Confirmatory Analysis
This site and surrounding area has been studied extensively by numerous federal, state and
independent agencies, notably Kaiser-Hill for US Department of Energy the US Fish and Wildlife
Service and the Colorado Department of Public Health and Environment(See reference footnotes
below). Sampling protocols have produced 1.3M soil data points in over 7,000 surface soil sample
locations and over 15,000 subsurface soil samples and have determined that the Peripheral
Operable Unit(or OU3, coincident of the Refuge) is currently in a state protective of human health
and environment and requires no remedial action .This element of the scope will require a review
and report of this work, specifically regarding improvements that can be made to the
methodologies used for sampling and analysis, to date. The outcome of this effort is intended to
be the independent validation of the conclusions in the US Department of Energy Kaiser-Hill
study, the US Fish and Wildlife Service Pre-acquisition Study and the Colorado Department of
Public Health and Environment/Chem-Risk study, specifically that the sites proposed in the FLAP
grant are within the legal and regulatory guidelines for construction activities and public usage
related to the proposed facilities and structures. Risk thresholds will be consistent with current
state and federal guidance.
Element 2: Contaminants of Concern
The full panel of radionuclides known to be or have been detected at the Peripheral Operable Unit
(OU3), namely Americium, Plutonium, Uranium (and their related isotopes) are the contaminants
of concern (COCs) for this project and will be the subject of the SAP. The SAP will identify the
standards that will be applied to the analytical results, and identify the corrective actions and
responsible party if a result is above standards.
Element 3: Site Specific
The project location(s) of the SAP will be determined in consultation with the partner group and,
in general, will be consistent with areas around the crossing locations identified in the FLAP
application and presented in the Rocky Mountain Greenway Feasibility Study . The sampling is
anticipated to take place both on federal land as well as partner group jurisdictional lands and will
be done with authorization from the respective landowner. A map of the proposed trail alignment
and basis for sample locations will be provided in the SAP.
Element 4: Media Specific
The media for the SAP will be limited to surface and sub-surface soil with depths and intensities
relevant to the proposed construction disturbance and consistent with the methodology in the
Industrial Area and Buffer Zone Sampling and Analysis Plan (IABZSAP) for surface and sub-
surface soil sampling (sections 4.9.2 and 4.9.3).
Element 5: Methodology Consistency
Methodology for the SAP will be consistent with the methodologies used in the Industrial Area
and Buffer Zone Sampling and Analysis Plan and will include justification and rationale for the
methodologies used if the methodologies differfrom the IABZSAP(section 4.2,table 3—Sampling
Decision Matrix). The SAP will also include all conditions, assumptions and caveats for the results
of the analysis.
Element 6: Quality Assurance (QA) Requirements
QA requirements will be defined in the SAP and will be consistent with applicable standards as
defined by DOE and EPA.
Element 7: Investigation into Applicability of Land Development Regulations (LDR's) and other
Relevant Permitting Requirements
The consultant will investigate the applicability of the subject jurisdiction's land development
regulations (and other pertinent regulations including the National Historic Preservation Act) as
they pertain to this project and will make recommendations for securing required permits and
clearances.
Consultant Duties and Deliverables:
• This element of the scope will require a review and report of previous sampling and
analysis done at the project location, specifically regarding improvements that can be
made to the methodologies used for sampling and analysis, to date.
• Draft SAP for review by the Partner Group. Background above.
• Ongoing consultation with the partner group as the draft is reviewed and commented upon
by the public.
• If requested, public presentation(s) and/or testimony to elected boards and commissions
as to approach and methodology rationale for the SAP. The consultant will be expected
to justify the plan's approach to the public.
• Revisions to draft SAP.
• Final SAP.
PHASE It: Execution of Final SAP and Report
Once the final SAP is developed, the consultant will execute the protocol as outlined. This requires
field work and the physical delivery of the samples to an EPA approved laboratory. Split samples
of all the extracted material will be stored for potential further verification.
The final report will provide results of the analysis that will independently validate the conclusions
of the CERCLA cleanup efforts that the sites identified in the FLAP grant are in a state protective
of human health and environment,
The report will also include:
• Summary of exposure risks to visitors
• Summary of applicable laws and regulations as they pertain to this project
• Summary of potential pathways for transport and fate of radionuclides in the effective
environment(eg: bioturbation, natural disasters, wind, etc.)and their likeliness of changing
the findings of the sampling and analysis
• Methodology rationale
• Summary of all caveats, qualifications and exceptions