HomeMy WebLinkAboutC11-321 Eagle Vail Metro District IGAINTERGOVERNMENTAL AGREEMENT
BETWEEN
THE EAGLE VAIL METROPOLITAN DISTRICT AND EAGLE COUNTY, COLORADO
CONCERNING THE AVON TO EAGLE -VAIL RECREATIONAL TRAIL PROJECT
THIS INTERGOVERNMENTAL AGREEMENT ( "Agreement ") is entered into by and between
the Eagle Vail Metropolitan District, a Colorado special district (hereinafter "District ") and Eagle
County, Colorado a body corporate and politic of the state of Colorado (hereinafter "County ").
Collectively the District and County shall be referred to as the "Parties ". This Agreement is entered
into and is effective on the ( day of 60000( 2011.
RECITALS
WHEREAS, C.R.S. 29 -20 -101 et. seq. encourages intergovernmental agreements through which
local governments cooperate and participate in joint projects; and
WHEREAS, the District and County have been working cooperatively to plan for a transportation
and recreation public trail project in Eagle -Vail (hereinafter the "Project "); and
WHEREAS, the "Project" anticipates the design and construction of a trail from Post Boulevard to
the I -70 Off -Ramp at Highway 6 and lies within unincorporated Eagle County; and
WHEREAS, the District and County have determined that it is in their best interests to partner on
the Project to capture cost savings and management efficiencies; and
WHEREAS, the Parties desire to enter into this Agreement to define their respective roles and
responsibilities.
AGREEMENT
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the
Parties agree as follows:
SECTION I
DESCRIPTION OF THE PROJECT
1.1 The Project is generally depicted on Exhibit A entitled "Construction Plans Avon to Eagle -Vail
Trail" which is attached hereto and incorporated herein by reference. The Project location is
generally described as commencing at the Post Boulevard bridge and ending at the I -70 Eagle -
Vail exit and generally paralleling the north side of Highway 6.
1.2 The Project will be a part of the regional Eagle Valley Trail.
1
1.3 The Project is planned for land situated in unincorporated Eagle County and owned by the
Colorado Department of Transportation, Town of Avon and the District.
1.4 The Project includes design, engineering and construction of a ten foot wide multi -use paved
trail and appurtenances including retaining walls, slopes and drainage facilities. The project is
intended to serve the public including, but not limited to, pedestrians and bicyclists traveling
through and within Eagle -Vail.
SECTION II
COMMITMENTS
2.1 DISTRICT will:
a. Allow encroachment of the Project onto District land including portions of the Eagle -Vail
golf course north of Highway 6 and a parcel of land owned by the District at the east end of
the Project, as described in attached in Exhibit A and the Easement Deed entered into by the
parties which is attached hereto and incorporated herein as Exhibit B.
b. Contribute $10,000.00 to the Project to be specifically allocated towards the Project work
planned to occur on the golf course to accommodate the trail, as depicted in Exhibit A.
Payment may be made as reimbursement to County at completion of Project and upon
request therefor by County, and /or may be applied to the cost of the contractor's bid
described in paragraph 2.1 (d) below.
c. Contribute in -kind services through the expertise and knowledge of the Eagle -Vail Golf
Course staff during the construction of the Project on District property.
d. Obtain a contractor bids for the golf course amendments necessary to accommodate the
trail on the golf course property, and as depicted in Exhibit A. Said bid will be an
addendum to an existing golf course landscape, earthwork and paving contracts the District
has in place with Landscapes Unlimited, LLC and Elam Construction. Only costs associated
with the trail crossing the golf course as described in Exhibit A will be included in the
contractors bids.
e. Cease maintenance of the existing ten foot trail segment from Post Boulevard to Stone
Creek Road (as depicted in Exhibit C attached hereto and incorporated by reference) and
relinquish responsibility of trail maintenance of that trail section to County, specifically the
ECO Trails Program, a department of Eagle County. Said trail segment will become part of
the Eagle Valley Trail.
f. Continue maintenance of the six to eight foot trail and sidewalk on the south side of
Highway 6 between Stone Creek Road and the Interstate 70 eastbound Eagle Vail on -ramp
as depicted in Exhibit C attached hereto and incorporated herein by reference. Maintenance
shall include sweeping, mowing, plowing and necessary repairs. Said facility was built in
partnership by Eagle Vail Metropolitan District, Eagle County and Traer Creek Metropolitan
District in 2003. A permit was issued by the Colorado Department of Transportation to
Eagle County to construct the trail. It is not a part of the Eagle Valley Trail, but functions as
2
a spur or connector trail for the community of Eagle -Vail, and will be maintained by the
Eagle Vail Metropolitan District.
2.2 COUNTY will:
a. Fund the balance of the Project on the District property and adjacent properties, to
complete the trail from Post Boulevard Bridge to the I -70 Eagle -Vail exit.
b. Fund and manage the engineering design of the Project, including engineering associated
with the golf course amendments necessary to accommodate the trail.
c. Fund and manage the construction contract for the Project, with exception that District
will manage the golf course contractor and County will reimburse District for that amount,
not to exceed $90,000.00.
d.District hereby grants to County and its contractors and sub - contractors the right to
locate construction materials and to stage for construction purposes on District property as
described in Exhibit A during the term of this Agreement_ Grantee shall utilize areas for
construction as shown on Exhibit A and labeled as the limits of disturbance with the
provision that Grantee shall reclaim, restore and revegetate the disturbed areas upon
completion of the Project.
e. Complete all construction of the Project on the golf course property by December 31,
2011.
f. Maintain the existing trail section from Post Boulevard to Stone Creek (existing)
previously maintained by Eagle -Vail and maintain the newly constructed trail from Stone
Creek to the 1 -70 Eagle -Vail exit ramp. See Exhibit C. Maintenance shall include sweeping,
mowing, plowing and necessary repairs, and will be performed by the ECO Trails Program,
a department of Eagle County.
2.3 The PARTIES will:
a. Conduct weekly construction management meetings upon commencement of the golf course
construction.
b. County and District will review and discuss proposed plans in advance of construction.
County will deliver proposed golf course plans (and any revisions thereto) to District for their
approval. The District will review and respond to the proposed plans within 14 days after
receipt thereof, and not unreasonably withhold or delay their written approval of the golf course
plans. The District will be invited to participate in field, plan and design review meetings
regarding the Project. The County and District shall jointly prepare a schedule construction and
participate in technical inspections during the construction.
3
SECTION III
INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY
3.1 INDEMNITY. To the extent permitted by law, each party shall indemnify, defend and
hold harmless the other including its, agents, officers, servants and employees of and from
any and all loss, costs, damage, injury, liability, claims, liens demands, action and causes of
action whatsoever, arising out of or related to its intentional or negligent acts or omissions.
3.2 INSURANCE. The County and the Town shall each provide their own public liability,Y
property damage, and errors and omissions insurance coverage as each party may deem
adequate and necessary for any potential liability arising from this Agreement.
3.3 NO WAIVER OF GOVERNMENTAL IMMUNITY. 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.
SECTION IV
TERM AND TERMINATION
4.1 This Agreement will be effective as of the day and year first set forth above and will
terminate on December 31, 2011. The obligations set forth in Paragraphs 2.1(f), 2.2(f) and
Section III shall survive termination.
4.2- If either party fails to substantially perform the duties and obligations in accordance
herewith, the other party may terminate this Agreement upon seven (7) days written notice
to that party, unless that party cures the breach within the seven (7) day remedy period.
Either party may terminate this Agreement without cause and for any reason upon thirty
30) days written notice.
SECTION V
MISCELLANEOUS
5.1 NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing
and may be given by personal delivery or by mail. Notices, bills, payments sent by mail
should be addressed as follows:
Eagle County
Attn: Ellie Caryl
4
P.O. Box 1070
Gypsum, CO 81637 Hand deliver: 3289 Cooley Mesa Road, Gypsum
Phone: 970 - 328 -3523
Eagle Vail Metropolitan District
Attn: Jeff Layman
Community Manager
P.O. Box 5660
Avon, CO 81620 Hand deliver: 538 Eagle Road, Avon, CO 81620
Phone: 970 - 748 -8764
5.2 MODIFICATION. This Agreement contains the entire agreement between the parties,
and no agreement shall be effective to change, modify, or terminate in whole or in part
unless such agreement is in writing and duly signed by the party against whom enforcement
of such change, modification, or termination is sought.
5.3 NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is
intended to or shall create a contractual relationship with, cause of action in favor of, or
claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of
Town or County. Absolutely no third party beneficiaries are intended by this Agreement.
Any third -party receiving a benefit from this Agreement is an incidental and unintended
beneficiary only.
5.4 NO ASSIGNMENT. Neither party shall assign this Agreement without the prior
written consent of the other. Either party may terminate this Agreement if the other assigns
this Agreement without the prior written consent of the other.
5.5 JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance
with the laws of the state of Colorado and the Parties agree to submit to the jurisdiction of
the courts thereof. Venue shall be in the Eagle County District Court.
5.6 INVALIDITY. Invalidity or unenforceability of any provision of this Agreement shall
not affect the other provisions hereof, and this Agreement shall be construed as if such
invalid or unenforceable provision was omitted.
5.7 COMPLIANCE WITH LAW. Each party shall comply with all applicable federal,
state and local rules, regulations and laws.
5.8 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made
to the County nor shall any payment be made in excess of the amount for any work done in respect
of any period after December 31st of the calendar year of the Term of this Agreement, without the
written approval in accordance with a budget adopted by the Board of County Commissioners in
compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local
5
Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20).
IN WITNESS WHEREOF, Each party, by signature below of its authorized
representative, hereby acknowledges that it has read this Agreement, understands it and
agrees to be bound by its terms and conditions.
EAGLE COUNTY, COLORADO
By and through its Board of County
Commissioners
By
Chairma
PL uY- VAIL— cc—
Attest:Z G
N j (. .
BYE
Teak Simonton, C i my Clerk R
EAGLE VAIL METROPOLITAN
DISTRICTBy:
Its:OMtitu, tot MA
i
Attest:
By:4
1
1 D/e I
6
