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HomeMy WebLinkAboutC14-341 Town of Eagle IGA INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF EAGLE REGARDING THE EBY CREEK ROAD PULLOUT LANE THIS AGREEMENT, made and entered into thisday of + , 2014, by and between the County of Eagle, State of Colorado by and through its Board of County Commissioners, a body corporate and politic (hereinafter referred to as the "County") and the Town of Eagle, Colorado a Colorado municipal corporation (hereinafter referred to as the "Town"). The County and Town shall collectively be referred to as the "Parties". RECITALS: WHEREAS, Resolution No. 96-22 created the Eagle County Regional Transportation Authority and provided for its duties and powers, among which are to provide recommendations to the County with respect to expenditure of funds serving the County's mass transportation system; and WHEREAS, the County has requested that the Town construct a modified bus pullout lane for the Chambers Bus Stop on Eby Creek Road in Eagle, Colorado (the "Project"); and WHEREAS, on April 18, 2012, the Eagle County Regional Transportation Authority made a recommendation to the County for approval of a request for County funding to be used toward construction of the Project; and WHEREAS, the Town has agreed to participate in the Project by providing in- house design services, by procuring construction contractors and entering into construction services agreements, and by providing project management services for the Project; and WHEREAS, the County and Town have determined that the Project will serve the citizens of Eagle County, as well as the residents of the Town; and WHEREAS, this Agreement is authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT A. The Town provided in-house design services for the design and location of the Project, and developed the design set forth in Exhibit A, attached hereto and incorporated herein. The Project will be built in the alignment and to the standards established by the Town and agreed upon by the County and shall be limited to the location set forth in Exhibit A. In the event the Town desires to deviate from the alignment set forth in Exhibit A or from the approved standards, it shall first obtain written approval for such modification from County. B. The Parties agree that this Project requires coordination and effort between and by the Parties and that it is impossible to anticipate every issue that might arise in the course of planning, management, design and construction of the Project. In light of the foregoing, each party agrees to work with the other in the spirit of good faith and fair dealing. 2. PROJECT FUNDING. A. Town and County have approved, budgeted and committed to funding the Project as follows: The Town shall be solely responsible for the cost of design level and construction level plan sets that are acceptable to the Town, County, and Colorado Department of Transportation. ii. The County shall contribute up to twenty-five thousand dollars ($25,000) toward construction of the Project. The County's obligation as set forth herein shall not exceed twenty-five thousand dollars ($25,000) without the prior written consent and agreement of County. iii. Upon mutual written agreement, the parties may alter the site design of the Project to respond to comments or questions from the Colorado Department of Transportation and the Town of Eagle Planning and Zoning Commission or as necessary to decrease costs. Any decrease in costs shall be for the benefit of the County. v. If applicable, the Town agrees to waive all design review fees associated with the Project and the Town will apply for and obtain design approval of the Project. vii. The Town agrees to waive any building permit or other fees associated with the Project. viii. The Town agrees to enter into all contracts necessary for the construction of the Project and will provide all construction management services at no cost to the County. ix. The Town and County shall mutually agree on the selection of the contractor and the price for the construction services. 2 x. The Parties agree that the amount set forth in paragraph 2.A.ii is expected to be sufficient to complete the Project. If, after the Project is bid and before construction begins, the parties determine that the funds identified in 2.A.ii are not sufficient, then the parties shall work together to identify whether there are any cost savings that can be applied. If no cost savings are available, then the parties shall mutually agree upon how to address such cost overruns or alternatively, either party may elect to terminate this Agreement. xi. If there are cost overruns that occur during construction of the Project, the Parties agree to meet and in good faith determine how to address such cost overruns. xiii. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to either party nor shall any payment be made in excess of the amount for any work done in respect of any period after December 31 of any year without the written approval in accordance with a budget adopted by the Board of County Commissioners or Eagle Board of Trustees in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, Local Government Budget Law C.R.S. 29-1-101 et. seq. and Tabor Amendment (Colorado Constitution, Article X, Sec. 20). ix. In consideration for the monetary payment from the County as set forth in paragraph 2.A.ii., the Town shall utilize and spend those funds solely for the Project as approved by the parties. x. Upon completion of the Project, the Town will submit one complete and final invoice based on funds actually expended by it to the Director of the Eagle County Regional Transportation Authority, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. xi. All funds received under this Agreement shall be expended solely for the purpose stated herein, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned to the County. xii. The Town shall maintain adequate records for reporting to the County. The Town shall maintain all records pertaining to this Agreement for a minimum of three (3) years and may be subjected to an audit by federal, state, or county auditors or their designees as requested. If misuse of funds is discovered 3 by an auditor, the Town shall return said misused funds to the County. xiii. The Town authorizes the County to perform audits and to make inspections during normal business hours at the convenience of the Town, with forty-eight (48) hours written notice, for the purpose of evaluating performance under this Agreement. 3. PROJECT TEAM AND REPRESENTATIVES. A. The Parties agree that the Town of Eagle Engineering staff and County ECO Transit Department staff shall serve as the project team. Tom Gosiorowski shall serve as the Project Representative for the Town and Jared Barnes shall serve as the Project Representative for the County. 4. CONSTRUCTION AND CONSTRUCTION MANAGEMENT. A. The Town will enter into construction contracts in accordance with its policies and in a form and with warranties acceptable to the County. B. The County will be named a third party beneficiary with respect to any work in connection with the Project and the County shall have the right, but not the obligation, to enforce the warranty or other contract provisions for work affecting the Project. C. The Town will manage and administer the contracts with assistance from the County, if requested and available. D. The Parties agree to waive any claims against each other associated with the selection, preparation and administration of the construction contract. The Parties agree to waive and hold harmless each other from any defects or deficiencies in the design or construction of the Project. Neither party is waiving any claims that might arise against the designer or contractor. 5. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION. A. CDOT is the fee simple owner of the land upon which the Project is located. The County will be the owner of the improvements and will maintain those improvements pursuant to the CDOT's Special Use Permit. Following completion of construction, the County shall be responsible for all upkeep and maintenance associated with the Project. 4 • 6. INSURANCE AND GOVERNMENTAL IMMUNITY. A. The County and Town shall each provide their own public liability, property damage and errors and omissions coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. This paragraph shall survive termination of this Agreement. B. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors' or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. 7. PERIOD OF AGREEMENT A. The term of this Agreement shall commence on the date said Agreement is executed by both parties and shall terminate on December 31, 2014, unless the Agreement is extended by both parties prior to the end date stated herein. Notwithstanding the foregoing, paragraphs 5 and 6 shall survive termination of this Agreement. 8. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY: Eagle County Eagle County Regional Transportation Authority Attn: Kelley Collier or Jared Barnes P.O. Box 1070 Gypsum, Colorado 81637 THE TOWN: Town of Eagle Town Manager Attn: Jon Stavney P.O. Box 609 Eagle, Colorado 81631 5 9. ASSIGNMENT A. This Agreement shall be binding upon and inure to the benefit of the Town and the County and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that neither party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other party. B. While the parties anticipate and agree that the Town will hire a contractor to perform the work necessary to complete the Project, the Town shall not otherwise assign any rights or delegate any duties under the Agreement to a third party without the written consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an assignment without the written consent of the County will terminate the Agreement immediately at the option of the County. 10. MISCELLANEOUS A. The parties of this Agreement intend that the relationship of the Town to the County is that of cooperating governmental entities pursuant to C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the Town shall be deemed to be an agent, employee or volunteer of or contractor for the County. Likewise, no officer, agent, employee or volunteer of the County shall be deemed to be an agent, employee or volunteer for the Town. B. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. C. Each party shall comply with all applicable laws, resolutions, and codes of the State of Colorado, County of Eagle, Town of Eagle and all federal laws barring discrimination. D. No person shall have any personal financial interest, direct or indirect, in this Agreement. E. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado F. This Agreement represents the full and complete understanding of 6 the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the County and the Town. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: .. • �.ORt+ _ • . _. I l •. Clerk to the Bo rd of - • '- . • • : , $12‘42.41.3 V-1 13/4-14-1-- County Commissioners Chairman 667' (211--13 "I Let.-- . , TOWN OF EAGLE ATTEST: By: By: ! ►1 Eagle Town Clerk Y ri Kostick, Mayor 7 Exhibit A �A V PROPOSED SOLID STRIPE \ i'WIDTH PER COOT TOTAL LENGTH: -�� 94.13 + 15.87 (ARC LENGTH) = 110 UNCAP. 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