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HomeMy WebLinkAboutC17-102 Town of Vail IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY, COLORADO CONCERNING A GRANT OF TRAIL MAINTENANCE FUNDS THIS INTERGOVERNMENTAL AGREEMENT ("Agreement'') is entered into by and between the Town of Vail, a Colorado municipal corporation (hereinafter the "Town") and Eagle County, a body corporate and politic of the state of Colorado (hereinafter "County"). Collectively the Town and County shall be referred to as the "Parties" and singularly as "Party". This Agreement is entered into and is effective an the 04/04/2017 1-2017. RECITALS WHEREAS, C.R.S. 24-20-101 aseq. encourages intergovernmental agreements through which local governments cooperate and participate in joint projects; and WHEREAS, the Town 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 WHEREAS, County has received a request from the Town for maintenance project funding to replace and repair asphalt within Eagle County located on the Gore Valley Trail segment through Dowd Junction (hereinafter "Project"); and WHEREAS, the application for funds was submitted in accordance with the Trail Repair and Safety Grant program managed by County's ECO Trails Department (hereinafter "ECO Trails"); and WHEREAS, the application (attached Exhibit 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 WHEREAS, the funds are available in the County's "Maintenance Grants" line item in the ECO Trails 2017 approved budget. AGREEMENT NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the Parties agree as follows: 1. PROJECT FUNDING 1.1 County, per the recommendation of the Eagle Valley Trails Committee, will contribute up to $150,000.00 to the estimated project cast of $1,465,000.00. The funds will 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 C17-102 invoice to County at the completion of the Project. Invoices will be submitted to ECO Trails, P.Q. 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 payments 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 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec, 20). 2. SCOPE AND DESCRIPTION OF PROJECT 2.1 The Project work will consist of the following components: a. Reconstruction of the rock retaining wall; b. Reconstruction of the paved trail in the construction area; c. Stabilization of the opposite bank; and d. Construction of boulder "grade control" structures in Gore Creek to hclp stream flow. 2.2 Additional work may be added to the scope of the project based on the "global stability analysis". Those additional improvements will be funded by the Town and not the County. 2.3 The section of trail within the Town for 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. 2.4 County shall provide Town a temporary sign to install at the work site indicating that the Project is funded through the County's ECD Trails fund. Town shall provide County seven working days' notice of the date the Project will commence. 3. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION 3.1 Town shall be solely responsible for the design, construction, management and maintenance of the Project and shall own the Project. 3.2 The section of the Eagle Valley Trail for which the contribution is being requested will be maintained by the Town as follows: a. Maintenance as required for the replaced and repaired asphalt; b. Monthly sweeping, March through November; c. Monthly vegetation control including weed removal, mowing, cutting and trimming; d. Trash removal; e. Repair and replacement of signs, fences, railings, striping, drainage and other trail features; and f. Inspections monthly, or no less than quarterly. 2 4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY 4.1 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, including attorney fees, arising out of or related to its negligent acts or omissions. 4.2 The Town shall provide its own public liability, property damage, and errors and omissions insurance coverage as County may deem adequate and necessary for any potential liability arising from this Agreement. 4.3 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. 5. TERM AND TERMINATION 5.1 The term of this Agreement shall commence on the date executed by both Parties and shall terminate on December 31, 2017 unless the Agreement is extended by both Parties prior to that end date. Any unexpended funds may be required to be returned to County as well as any funds not properly expended according to Project objectives. 5.2 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 upon thirty (30) days written notice. 5.3 Notwithstanding the foregoing, neither Party may terminate this Agreement with respect the Project as a whole or any phase, if such termination would cause a violation of the terms of a grant agreement. In the event of termination, the Parties will pay amounts due and owing for work satisfactorily performed to the date of termination and will close out grants in accordance with their terms. Ciu 1 P149 DIM 1F.10 011K 6.1 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 ECG Trails Attn: Jared Barnes e-mail: jared.barnesno eaglecounty.us P.O. Box 1070 Gypsum, CO 81637 3 Town of Vail Attn: Gregg Barrie 1309 EIkhorn Drive Vail, CO 81637 Phone: 970-479-2337 e-mail: abarrienvaileov.com 6.2 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. 6.3 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. 6.4 Iris 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. 6.5 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. 6.6 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. 6.7 Compliance With Law. Each Party shall comply with all applicable federal, state and local rules, regulations and laws. 4 IN WITNESS VMERE OF, 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 terns and conditions. ATTEST: By: Regina O'Brien Clerk to the Board ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMM 1U.R c CA� By: Jillian Ryan, Chair TOWN OF VAI by: _ Stan Zemler, Town Manager �0 k�� 5 eco!!4iff... APPLICATION for 2016 TRAIL REPAIR AND SAFETY MODIFICATIONS GRANT PROGRAM Applicant (Agency): Town of Vail Contact Person: Gregg Barrie Mailing Address, 1309 Elkhorn Drive, Vail, CO 81657 Phone and Fax: ph: 970-479-2337 fax: 970-479-2166 e-mail: abarriele'�i vailaov.com Town or County Location of Eagle Valley Trail or Gore Valley Trail project location: Project is located on the Gore Valley Trail at the eastern end of the Dowd Junction section of the trail. Description of Project: The Gore Valley Trail through Dowd Junction generally follows a narrow strip of land between Gore Creek and 1-70. In many sections, the trail sits on top of boulder walls, directly above the creek. During the flooding of 2010, high water washed out many of the rocks protecting the base of the wall. In 2011, the Town of Vail installed a temporary fix, with the understanding that a more permanent solution would need to be constructed. As the stream bed degrades, the wall becomes less stable, threatening the recreation trail. To further complicate the Issue, a 24" sanitary sewer line is located beneath the trail. Therefore, the wail not only supports the trail, but protects this significant utility structure. For this reason, the Eagle River Water and Sanitation District is a partner in the project, splitting the cost with the Town of Vail. The project is currently undergoing a "global stability analysis." This process determines how stable the steep Interstate bank is, and subsequently defines the engineering and construction methods required. At a minimum the project will require reconstruction of the wall in one or two Hers, reconstruction of the paved trail, stabilization of the opposite bank due to significant erosion, and construction of boulder "grade control" structures in Gore Creek which focus flows towards the center of the creek and slow the significant down - cutting of the stream bed. Based on the outcome of the analysis the project may also require soil nails, concrete foundations or other extensive engineering methods. As the only non -interstate connection between Vail and the communities to the west, the trail through Dowd Junction is obviously an important piece of the core trail through Eagle County during non -winter months. The construction of the trail, as well as ongoing maintenance is almost entirely funded by the Town of Vail*, even though most of the trail falls outside of town limits. Due to the high cost of the work and the importance of the connection, the Town of Vail respectfully requests an ECO Trails Trail Repair Grant in an amount of $150,400. 'A LOCO grant helped construct the bridge over the Eagle River. Two ECO Trails maintenance grants have been awarded for maintenance of the "Deer Screen" at the Mud Springs Gulch wildlife underpass and Eagle County Maintenance staff assist with monthly sweeping of the trail. Cost Estlmate At this time, Town of Vail staff estimate the project cost to be between $1.465 and $2.165 million dollars. With ERWSD splitting the cost, the cost to the Town of Vail is between $732,500 and $1.083 million, including engineering. The high cost of the project is due to the extensive engineering work required in - stream, in the wall and on the steep slope above it. In addition, the project is over 450 linear feet long, with very limited work area. Project Estimates: Engineering $ 165,004 Construction Estimate 1,300,000 - 2,000,000 Estimated Total Cost $ 1,465,400 - $ 2,165,400 Town of Vail/ERWSD (50!50)$ 732,500 - $ 1,082,504 Requested Grant $ 150,040 Applicant Share $ 582,500- Schedule 82,540- Schedule Soil borings on 1.70 are planned for the week of November 14. The global stability analysis should be completed by mid-December with design work completed by late spring. The actual work will occur during September and October of 2017. This timeframe is to ensure that in -stream work falls during acceptable trout spawning windows as mandated by Colorado Parks and Wildlife. Town staff will work closely with the selected contractor to keep access on the recreation trail open during construction using narrowed trails across the hillside. However, it Is likely that full closures will occur, and may be required for extended periods. The Town of Vail will coordinate with Eco Trails as construction plans develop. r. r p r r -:•���. .ti J:`'� T -' ,._ -_ _ air. •.� � y r` r �� } .. _ .. t} �rL � _ � � 'rte.• •� �I ❑. I� .g U) 0 C a U m rn w F z C) N U2 41 p E m T G Z W �W O ��O xtfE du www v1p 0 0 C) N U2 41 p E m T G Z W � y 4