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HomeMy WebLinkAboutC04-165 Edwards Metropolitan District and Eagle County School District RE-50JC v ~~~~-~-~s ~ INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND EDWARDS METROPOLITAN DISTRICT AND EAGLE COUNTY SCHOOL DISTRICT RE-SOJ FOR THE CONSTRUCTION OF PEDESTRIAN IMPROVEMENTS AND SIGNAGE ALONG WEST LAKE CREEK ROAD, EDWARDS VILLAGE BOULEVARD, AND MEILE LANE This Intergovernmental Agreement is made and entered into this ~ day of 2004, by and between the County of Eagle, State of Colorado, a body corporate nd politic, by and through its Board of County Commissioners (hereinafter "County") and Edwards Metropolitan District, a Colorado Special District, acting by and through its Board of Directors (hereinafter "Edwards Metro") and Eagle County School District RE-SOJ, a Colorado Public School District, acting by and through its Board of Directors (hereinafter "Eagle County School District"). Collectively these entities are also referred to as the "Parties." WHEREAS, the Constitution and laws of the State of Colorado permit and encourage local governmental entities to cooperate with each other to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, the Parties enter into this Agreement under the authority of local governments of the State of Colorado to contract with one another. C.R.S. § 29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, the Parties to this Agreement desire to share the costs for the construction of certain pedestrian improvements (hereinafter the "Pedestrian Improvements") which will benefit the residents and taxpayers of each of the Parties to this Agreement; and WHEREAS, the Pedestrian Improvements are defined as The engineering design, surveying, construction management, and construction of, including all necessary permits and approvals, a pedestrian path approximately 1,000 feet in length. The path will be constructed along West Lake Creek Road from State Highway 6 south to Meile Lane. The path will continue along the south side of Meile Lane in front of Edwards Elementary School. The path connections are depicted in Exhibit "A." 2. The installation of reflective pedestrian pavement markings at three intersection locations as shown on Exhibit "A." 3. The installation of several school zone signs in accordance with the sign plan shown on Exhibit "A." WHEREAS, the total maximum projected cost for the construction of the Pedestrian Improvements is $250,000.00; and WHEREAS, it is understood and agreed by the Parties that the projected cost of the Pedestrian Improvements shall be as follows: Design, Surveying, construction management, sign and marking installation $75,000 Construction of retaining wall, pedestrian path and path connections $150,000 Procurement and installation of school zone signs and pedestrian pavement marking $25,000 WHEREAS, it is understood and agreed by the Parties that the anticipated cost of the Pedestrian Improvements shall be allocated as follows: Edwards Metro maximum contribution of $150,000; Eagle County School District maximum contribution of $25,000; and Eagle County in-kind services with an estimated value of $75,000. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and other consideration contained herein, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. DESCRIPTION OF TRAIL IMPROVEMENTS. The Pedestrian Improvements are defined as the engineering design, surveying, construction management, and construction of, including all necessary permits and approvals, a pedestrian path approximately 1,000 feet in length. The path will be constructed along West Lake Creek Road from State Highway 6 south to Meile Lane. The path will continue along the south side of Meile Lane in front of Edwards Elementary School. The path connections are depicted in Exhibit "A"; the installation of reflective pedestrian pavement markings at three intersection locations as shown on Exhibit "A"; and, the installation of several school zone signs in accordance with the sign plan shown on Exhibit "A." 2. COST SHARING. It is understood and agreed by the Parties that the anticipated cost of the Pedestrian Improvements shall be allocated as follows: Edwards Metro maximum contribution of $150,000; Eagle County School District maximum contribution of $25,000; and Eagle County in-kind services with an estimated value of $75,000. It is further understood that the County's in-kind contribution will include the engineering, design, surveying, construction management, contract management, sign location and installation and that the County will manage all aspects of the project. All final design drawings and documents will be submitted to Edwards Metro and Eagle County School District for its concurrence. Each of the cash contributions from the two entities are considered maximum contributions. A grant application has been made to the 3M Corporation to help defray the cost of the school zone signage. Any grant monies received from 3M Corporation will be used first to procure the signage. 3. APPROPRIATION OF FUNDS. In' order to allow for construction of the Pedestrian Improvements to be completed by August 15, 2004, the Parties agree as follows: A. County shall appropriate, upon approval by the Board of County Commissioners, $175,000 in expenditures for this project to be funded in May, 2004. County will enter into a construction contract and shall guarantee the total amount of this contract with the understanding that Edwards Metro and Eagle County School District shall appropriate and deliver to County their respective share of the actual costs as provided by the County in the final reconciliation by October, 2004; 4. FUNDING OF THE PROJECT. The County, Edwards Metro and Eagle County School District each individually represents and warrants to the other parties that upon approval of its Board and at the time specified above, it will appropriate and deliver to County their respective share of the actual costs up to the maximum projected cost as described in Paragraph 2. 6. ADMINISTRATION OF PROJECT. The County shall administer any design and construction related activities pertaining to the project in a diligent, good, workmanlike and timely manner. The County shall prepare a construction budget and construction schedule for the project and submit it to Edwards Metro and Eagle County School District prior to construction. It shall submit to Edwards Metro and Eagle County School District written monthly status reports and be available to meet monthly (if needed) to report and answer questions regarding the status of the construction budget and the construction schedule. 7. FINAL RECONCILIATION. Within thirty (30) days of "Substantial Completion" (defined herein as the date upon which the County determines that the Pedestrian Improvements are substantially complete) of the Pedestrian Improvements, the County shall prepare and present to Edwards Metro and Eagle County School District a final reconciliation ("Final Reconciliation") setting forth the actual project costs and expenditures less any grants received. These net costs will first be allocated to Edwards Metro up to the maximum of $150,000 then to the Eagle County School District up to the maximum of $25,000. This billing will be paid by the respective parties within 30 days of receipt. 8. STATUS AFTER COMPLETION. Upon Substantial Completion the County shall own and maintain the Pedestrian Improvements and neither Edwards Metro nor the Eagle County School District shall have any other responsibility, liability or obligations with respect to the Pedestrian Improvements. 9. ASSIGNABILITY. This Agreement may not be assigned or delegated without the prior written consent of the Parties. 10. RELATIONSHIP OF THE PARTIES. By executing this Agreement, no party shall be deemed to assume any liability for intentional or negligent acts, errors, or omissions of another party or any officer or employee thereof. No agent, employee or volunteer of any party hereto shall be deemed an agent, employee or volunteer of any other party under this Agreement. 3 Nothing herein is intended to or waives any party's immunities at law, including provisions of the Governmental Immunity Act. 11. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law, nor does any party waive its immunities at law, including immunity granted under the Colorado Governmental Immunity Act. 12. NONWAIVER OF RIGHTS. No waiver of default by the Parties of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other Parties shall be construed, or shall operate as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept and observed by the other Parties. 13. SEVERABILITY. It is understood and agreed by and between the Parties that if any covenant, condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, or otherwise appears to be invalid, such invalidity shall not affect the validity of any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice any of the Parties in their respective rights and obligations contained in the remaining valid covenants, conditions and provisions of this Agreement. 14. INTEGRATION. This Agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire Agreement between the Parties hereto. No prior or contemporaneous addition, deletion or other amendment shall have any force of effect, unless embodied herein in writing. 15. MODIFICATION. Modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall not be valid unless in writing and duly executed by the Parties herein. 16. CAPTIONS. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 17. INDEMNIFICATION. To the extent allowable by state law, the Parties agree that each shall indemnify the other, their officers, employees and agents from and against any claims, damages, losses or expenses which are the result of negligent acts or omissions of their respective officers, employees or agents in connection with this Agreement. 18. GOVERNING LAW AND JURISDICTION. This Agreement and all disputes arising hereunder shall be governed by the internal laws of the State of Colorado and the Parties agree that venue and jurisdiction over any claim arising from this Agreement shall lie in the courts of the Fifth Judicial District of Colorado. In the event of litigation, the prevailing party shall be entitled to its attorney's fees and costs. 4 19. APPROPRIATION LIMITATION. The Parties hereto agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available at the times set forth in Paragraph 3. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of each of the Parties. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement maybe terminated by any of the Parties to this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with applicable provisions of law. 20. NOTICE. Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: (1) Eagle County Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 Fax: (970) 328-8699 Phone: (970) 328-8685 and (2) Edwards Metropolitan District Board of Directors c/o Robertson & Marchetti P.O. BOX 600 Edwards, CO 81632 Fax: (970}926-6040 Phone: (970) 926-6060 and (3) Eagle County School District Attn: Superintendent P.O. Box 740 Eagle, CO 81631 Fax: (970) 328-1024 Phone: (970) 328-6321 All Parties shall have the right, by giving written notice to the others, to change the address at which its notices are to be received. IN WIT ESS WHEREOF, the Parties hereto have affixed their signatures this day of , 2004. COUNTY OF EAGLE, STATE OF COLORADO ~,;,, By and Through Its ~'~;;` .. ATTEST: ``~` °~~ ~~ BOARD OF COUNTY COMMISSIONERS ~ ~ ~~~„~ ~ w. ~ it p® By: Cler c to the Boa d of *~.,°.`~~' Tom C. tone, Chairman County Commissioners ATTEST: ATTEST: ti e retary EDWARDS METROPOLITAN DISTRICT By: EAGLE CO By: 6 SCHOOL DISTRICT RE-SOJ Board of Education Edwards Elementary & Vail Christian School SCHOOL ZONE SAFETY 20 DRIVER FEEDBACK MPH PROGRAMMABLE SPEED LIMIT SIGN (2 INSTALLATIONS) HIGH BRIGHTNESS PAVEMENT MARKINGS (6 INSTALLATIONS, YELLOW) 312 SQ. FT. SCHOOL INSTALLATIONS, WHITE) 100 SQ. FT, . NEW FLUORESCENT REFLECTIVE YELLOW GREEN SIGNS (6 SIGNS, S1-1, 30x30) NEW SUPPLEMENTAL ® PLAQUES, "SCHOOL" FLUORESCENT Y.G. (2 PLAQUES, S4-3, 28x8) SCHOOL (1 PLAQUE, W 16-9p, 28x8) AHEAD NEW END SCHOOL SAND WHITE REFLECTIVE ZONE BACKGROUND (2 SIGNS, S5-2, 24x30) NEW SCHOOL ZONE 20 SPEED LIMIT SIGNS MPH "WHEN CHILDREN ARE PRESENT" (6 SIGNS, S5-1A, 24x48) 80 0 80 160 Feet NOTE: REPLACE3 '~ SIGNS WITI YELLOW Gf ABOVE TAB