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HomeMy WebLinkAboutC17-051 Town of Gypsum Trail Maintenance IGATHIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and between the Town cif Gy psum. a Colorado mun i c i pal corperati on (hereinafter the "Towne;) and Eagle County, a body corporate and politic ofthe state ofColor ado (hereinafter "County"). Collectively the Town and County shall be referred to as the 9cparti s "Party". This Agreement is entered into and is effective on the 12� day of 7;=l� 2017. 11911111004"'M 'FIEF E A S, C. R. S , 2 9-20-101 el, seq. encourages inter overnmen tal agreements through which local governments cooperate and participate in joint projects; and WHEREAS, the To and County have been working cooperatively to fund, construct and manage a phased recreation and transportation public trail systems through Eagle County known as the Eagle Valley Trail; and WI I E REA S, County has received n req uest from the Town for mai ntena nee project run di ng to replace and repair asphalt within the Town of Gypsum located on the Eagle ValleyTrail segment on the north side orcouiey Mesa Road between the main and west Costco, driveways in the Gateway Center subdivision and replace and repair asphalt located between Highway 6 and Interstate 70 roundabout and the BLM campground (located on the south side of Highway 6, and (hereinafter "Project"); and WHEREAS. the application for funds was submitted in accordance with the Trail Repair and Sallety Grant program managed by County's ECO Trails Department (hereinafter "'ECO Trails"); and WHEREAS, the application (attached EE�hibit A was reviewed by the County's advisory trail planning and funding body, the ECO Eagle Valley Trails Committee, and said body recommends in favor of funding the request; and WHERE S, the funds are mailable in the County's "Mai n le n an ce Grant~ line item in the ECC} Trails 2017 approved budget. AGREEMENT N 0 W TH E R E FO E. in consideration of the mut u a I rights and obligations as set forth below. the Parties agree as Collows: I. PROJE CTFUNDING 1.1 County, per the recommendation of the Eagle Valley Trails Committee, will contribute C17-051 LIP to $37,910.00 to the estimated project cost of $5 0,54 5. 00. The funds wi I I be paid from the ECO Trails Department budget 1.2 In order to receive the funds granted under this Agreement, the Town will submit an invoice to County at the completion of the Project, lnvoicesMll be submitted to ECO Trails, P.O. Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure, 1,3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payrnents be made to Town in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 259 title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C, ,S. 2 9-1-101 et. seq .) and the TABOR Amendment (Colorado Cons I itut i o n, Article X, Sec. 20). 2.1 The Project work will consist of the following components: a. Remove and replace asphalt on the existing paved trail between the two Costco driveways offof Cooley Mesa Road, b. Major crack seal of the paved trail from Highway 6 and Interstate 70 roundabout to the BL M campground in West GYPSUM. c. The %vork will be completed in 2017, d. The Town will be responsible for all Project preparation, clean up, safety and traffic control associated with the work. 2.2 The section of trail within the Town fear which the County contribution is being granted will be constructed or repaired to the pertinent standards in the Eagle Valley Regional Trails Plan. as adopted by the Town in °2001 a 2.3 County shall provide Town a temporary sign to install at the work site indicating that the Project is funded through the County's ECO Trails fund. Town shall provide County seven working days' notice oft e' date the Project will commence. 3. PROJECT ti's LP AND MANAGEMENT UPON COMPLETION 3.1 Town shall be solely responsible for the design, construction. management and maintenance of the Project and shall o%vn the Project. 3.2 The section of the Eagle "alley Trail for which the contribution is being requested wi I I be maintained by the Town as follows. a. Maintenance as required for the replaced and repaired asphalt b. It sweeping, March through November c. Monthly vegetation control including weed removal, rnowing, cutting, and trimming d. Trash removal 6, c. Repair and replacement of signs, fences, railings, striping, drainage and other trail features f. Snow -plowing, in season g, Inspections monthly, or no less than quarterf 4. INDEMNIFICATION, INSUIL4,NCE AND GOVERNMENTAL IMMUNITY 4.1 To the extent permitted by laNN,, each Party shall indemnify, defend and hold harmless the other me] Lid ing its, agents, offiren'. ,er% ant�; and employees ofand 1'rom any and all loss, costs. chunage, injury. liability, claims. liens, demands, action and causes ofaction whatsoever', including attorney lees, arising out of or related to its negligent acts or omissions. 4.2 The'rown shall provide its own public liability, property damage, and errors and omissions insurance coverage as County may deernadequate and necessary for any potential liability arising from this Agreement. 4.'J Nothing in this Agrcement, shall be construed to waive, limit, or otherwise modify any goverrimental 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 Col o rado Dove rnm en tal Immupity Act, rifle 24, Article 10, Part I o r the Colorado Revised Statutes. TERM AND TERMINATION 5. t The to of this Agreement shall commence on the date executed by both Parties and sha 11 termi nnte on December 3 ) 1, 2017 unless the Agreement is extended by both parties prior to that end date. Any unexpended fund% may be required to be returned to County as well as any funds not properly expended according. to Project objectives. 1 5.2 ll" either Party fails to substantially perform the duties and obligations in accordance herevvifli, the other Party [nay tenninate 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 upon thirty (30) days written notice. .5 .3 Notwithstanding the foregoinl..,,, neither Party may terminate this .Agreement with re'spect tile Project as a whole or any. phase, H'SLIch termination Would cause a violation of the to ns of n grant agreement. in the event of terniination, the Parties will pay amounts due and owing for work satisfactorily performed to die, date of termination and will close out graifts in accordance with their terms. Q 6,11 Notices. 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 Government ECO Trails Attn: Ellie Caryl P.O. Box 1070 Gypsum, CO 81637 Phone: 970-329-3528 e-mail: Town ol'Gypsum Attn. Jeff Shree-ve P.O. Box Gypsum, CO 81658 Phone: 970-524-3127 e-mail: ishreeve@1.1�avynofQ um.corn 6.2 Modification.This Agreement contains the enfire 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. 643 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual re I at i onsh i p %vi th, c a use of ac ti o n in favor of, or claim for relief for, any third party, including any agent. sub-consuluint or sub -contractor ul'Town or County. Absolutely no third party beneficiaries are intended by this Agreement. 6.4 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 tile prior written consent of the other. 6, gJuurisdiction and Venue. This Agreement shall be interpreted in accordance with the laws oaf 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. 6.6 Invalidity. Invalidity or unenforceability ofany provision of this Agreement shall not affiect the other pmvisions hereof, and this Abireement shall be construed as if sLwh invalid or unenfurceable provision was omitted. 6.7 Compliance With Lasv. Each Party shall comply with all applicable federal, state and local rules, regulations and laws. M I N NTIT11 E SS MITI ER EO F, each Party . by s i gnature be I ow o f i ts autho ri zed represe ntative, herebT li,cknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and cunditions. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONE RS By: . .. . . .. . . ... . . . . .. . . ... . . ... . . .. . . . . . . ... . . . ......... .. . . . . . . . . . . . . . . . . .air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...... ....... Jillian 11. Ryan, C ATTEST - By: 02/07/2017 Regina O'Brien Clerk to the Board I ■ a APPLICATION f•2016 TRAIL GRANT .. OGRAN +.p (Agency):I i Contact Person: Mailing Address: r Phone Town or County Location of Eagle Valley Trail or Gore Valley Trail project Description photos): �' s � I , �,; / ;,,► gar .,, ,� � r r �'" I■ '" I l r 1 Estimate of cost. Recommended: attai• or bidinformation *bill. 11 CL / \ / { , .o co o CL 0 cc CP w : 0. 0 11 IN,% ' m U LL 5y — // r Nth G h r� / ) l co AOML i m S' / / co � I 3 EL x to v SO. A ,gyp '2G ///