HomeMy WebLinkAboutC15-115 Town of Eagle Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND THE TOWN OF EAGLE
REGARDING THE EAGLE TOWN PARK BUS SHELTER AND EBY CREEK ROAD BUS
SHELTER
THIS AGREEMENT is made and entered into this - day of FOP" , 2015,
by and between the Board of County Commissioners of the County of Eagle,
State of Colorado, 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 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 is currently planning to undertake the design of a new bus
shelter at the Eagle Town Park on 5th Street (the "Eagle Town Park Bus Shelter");
and
WHEREAS, the County is also currently planning to undertake the design of a new
bus shelter on Eby Creek Road between the eastbound off-ramp and Chambers
Avenue (the "Eby Creek Road Bus Shelter") which will replace the existing park
and ride on Chambers Avenue; and
WHEREAS, the Eagle Town Park Bus Shelter and Eby Creek Road Bus Shelter shall
collectively be known as "the Project"; and
WHEREAS, on April 18, 2012, the Eagle County Regional Transportation Authority
made a recommendation to the County for approval of the request by the Town
that the County and Town each share in the funding of the Project; and
WHEREAS, the County has agreed to provide funding for a portion of the Project
and the Town has agreed to provide funding for a portion of the Project and
participate by entering into contracts for construction of the Project; and
WHEREAS, on December 10, 2013 the Town appropriated funds in its 2014 budget
to fund a portion of the Project and on December 10, 2013 the County
approved funding a portion of 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, the Parties entered into an Intergovernmental Agreement regarding
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the Project on August 19, 2014 (the "Original IGA") whose term expired on
December 31, 2014; and
WHEREAS, the Parties now desire to enter into a new Intergovernmental
Agreement setting forth the same terms and conditions as the Original IGA; 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 Project will be built in the alignment and to the specifications
developed for the Project by the architect or engineer designing the
structures and any engineering or other specifications prepared by the
Town and agreed upon by the County and shall be located, as set
forth in Exhibit A and Exhibit B. In the event the Town desires to deviate
from the alignment or approved specifications, it shall first obtain
written approval for such modification from the County.
B. A 12' x 16' pad and pull out is already being constructed at the Eby
Creek Road Bus Shelter as part of a pre-existing road project. The pad
and pull out shall be used exclusively for County's ECO Transit
operations and shall be signed as such.
C. 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 County shall be solely responsible for the cost of design
level and construction level plan sets that are acceptable to
both the Town and County.
ii. The County shall contribute up to sixty thousand dollars
($60,000) toward construction of the Project. County's
obligation as set forth herein shall not exceed sixty thousand
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dollars ($60,000) without the prior written consent and
agreement of County.
iii. The Town shall contribute up to sixty thousand dollars
($60,000) toward construction of the Project. The Town's
obligation as set forth herein shall not exceed sixty thousand
dollars ($60,000) without the prior written consent and
agreement of Town.
iv. Upon mutual written agreement, the Parties may alter the
site and/or shelter design to respond to the Town's Planning
and Zoning Commission or as necessary to decrease costs.
Any decrease in costs shall be shared equally by the Parties.
v. The Town agrees to waive all design review fees associated
with the Project and the County will apply for and obtain
design approval of the Project.
vi. The County agrees to apply for and obtain approval of a
Special Use Permit for the benefit of the County and Town
from the Colorado Department of Transportation ("CDOT")
for the Eby Creek Shelter.
vii. The Town agrees to waive any building permit or other fees
associated with the Project and the County will apply for
and receive a building permit for the Project.
viii. The Town agrees to competitively bid the Project pursuant to
the Town's policies and will 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
contractor.
x. The Parties agree that the amounts set forth in paragraphs
2.A.ii and iii are expected to be sufficient to complete the
Project and obligations set forth in each of those
paragraphs. If, after the Project is bid and before
construction begins, the Parties determine that the funds
identified 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, the
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Parties agree to meet and in good faith determine how to
address such cost overruns.
xii. 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).
xiii. 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.
xiv. 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.
xv. 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.
xvi. 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
by an auditor, the Town shall return said misused funds to the
County.
xvii. 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 the
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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 through a public
solicitation process in accordance with its policies and in a form
and with warranties acceptable to the County and will seek an
itemized statement of costs for the Eby Creek Road Bus Shelter and
Eagle Town Park Bus Shelter. The Project shall be managed such
that it remains free and clear of all liens and encumbrances.
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 any claims
against each other arising 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. The County is the fee simple owner of the land upon which the new
Eagle Town Park Bus Shelter will be located. The County will be the
owner of the Eagle Town Park Bus Shelter structure upon
completion of construction free and clear of any liens or
encumbrances. County shall be responsible for all upkeep and
maintenance associated with the Eagle Town Park Bus Shelter
structure. This paragraph shall survive termination of this
Agreement.
B. The Eby Creek Bus Shelter will be located on land a portion of
which is owned by CDOT and a portion of which is owned by the
Town as depicted in Exhibit B. County and Town will be granted
access to and permission to locate, install, construct, maintain,
repair and operate the Eby Creek Bus Shelter on CDOT property
through and as set forth in the Special Use Permit to be granted by
CDOT. This paragraph shall survive termination of this Agreement.
C. Following completion of construction, County will be the owner of
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the Eby Creek Bus Shelter free and clear of any liens and
encumbrances.
D. The Town hereby grants to County a perpetual license for access to
and from, installation, operation, construction, maintenance and
repair of the Eby Creek Bus Shelter located on Town property and
as depicted in Exhibit B. Further, the Town hereby grants to County
the ability to locate amenities within the license area including, but
not limited to, uncovered benches, bike racks or lockers, ski racks
and other similar or like improvements. The perpetual license
granted herein may be modified or earlier terminated upon mutual
agreement of the Parties in writing. This paragraph shall survive
termination of this Agreement.
E. The Town shall be responsible for all upkeep and
maintenance of the areas immediately surrounding the Eby Creek
Road Bus Shelter, including, but not limited to landscaping and
snow removal at the shelter as well as on related paths, sidewalks
and bus pull outs. This paragraph shall survive termination of this
Agreement.
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, 2015, 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.
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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
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. 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 to this Agreement intend that the relationship of the
Town and 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.
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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 employee of the County or the Town 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
the Parties, and supersedes any prior agreements, discussions,
negotiations, representations or understandings of Parties with
respect to the subject matter contained herein.
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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: c�
H
lam► L 5(t." 0 c'Loll" / / /
Clerk to the Board of . ,t7 n, i ktet t) 04,is - t
County Commissioner Chairman
TOWN OF EAGLE
ATTEST:
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By: S
y: _ By: ti
Eagle r. n Clerk Yur' Kostick, Mayor
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Checked:JARED BARNES {EODTRANSIT) Date: 7-25-14
Sheet E} 1191T ADWG
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Project ERY CREEK Title: EXHIBIT BEI(
Drawn: DJL-'
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Sheet: EXHIBIT B.OviG Date: 7-25-,4
BARNES (ECOTRANSIT)
11
