HomeMy WebLinkAbout2012-10 IGA with ERWSD for the Burial of Hole 7 Overhead Electical LinesRESOLUTION NO. 10
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT
FOR THE BURIAL OF HOLE 7 OVERHEAD ELECTRICAL LINES; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws of
the State of Colorado and the Town Charter (the "Charter ");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified;
WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD ") is
empowered to provide water and sewer service to its customers and constituents within and
without its boundaries, within Eagle County, Colorado, on such terms and conditions as the
ERWSD may decide;
WHEREAS, the Town wishes to bury the existing overhead electric lines near the
Vail Golf Course Hole #7 ( "Town Project ");
WHEREAS, the ERWSD wishes to make improvements to its infrastructure in the
same work area as Town Project;
WHEREAS, the Town and ERWSD wish to enter into an intergovernmental
agreement (the "IGA ") to combine their constructions efforts to achieve cost sharing and cost
savings benefits, minimize disruption to the neighborhood and to allow the installation of
infrastructure projects to be phased in logical sequence; and
WHEREAS, the Council's approval of Resolution No. 10, Series 2012, is required to
enter into the IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA with the ERWSD on behalf of the Town in substantially the
same form as attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Vail held this 7 day of February, 2012.
Andrew P. Daly
Town Ma r
A N OF V
y�
O.• •.�
L re i Donaldson, Town Clerk
5EAL'
Resolution No. 10, Series 2012 '-
INTERGOVERNMENTAL AGREEMENT
THE HOLE #7 ELECTRIC LINE BURIAL
THIS AGREEMENT is made and entered into this day of
2011, by the TOWN OF VAIL, a political subdivision of the State of Colorado
( "Town ") and EAGLE RIVER WATER AND SANITATION DISTRICT, a
quasi - municipal corporation and political subdivision of the State of Colorado,
( "District "). Collectively these entities are also referred to as the "Parties ".
RECITALS
WHEREAS, the Town of Vail is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law; and
WHEREAS, Eagle River Water and Sanitation District is a water and
sewer District organized and existing under the Colorado Special District Act;
and
W H EREAS, the District is empowered to provide water and sewer service to
its customers and constituents within and without its boundaries, within Eagle
County, Colorado, on such terms and conditions as the District may decide; and
WHEREAS, Section l 8(2xa) and (b), Article XIV of the Colorado
Constitution, Section 29 -1 -203, C.R.S., and Section 32 -1 -1001, C.R.S., provide for
the ability of the Parties to enter into contracts and agreements with one another to
provide intergovernmental services and facilities, when so authorized by their
governing bodies; and
WHEREAS, the Constitution and statutes of the State of Colorado pen and
encourage agreements between political subdivisions of the State, in order that the
inhabitants of such political subdivisions may thereby secure high quality governmental
services; and
WHEREAS, it is recognized by the Parties, that the public health, safety
and welfare of their inhabitants is best served by providing high quality water,
sewer and storm drainage services; and
WHEREAS, the Town wishes to under- greund. - the existing overhead
electric lines near the Vail Golf Course Hale #7 ( "Hole #7 Electric Line Burial
Project" or "Town Project"); and
WHEREAS, the District wishes to make improvements to their -its
infrastructure in the same work area as the "Town Project.; and
WHEREAS, the Parties wish to combine their construction efforts to achieve
cost sharing and cost savings benefits, minimize disruption to the neighborhood and
to allow the installation of infrastructure projects to be phased in logical sequence.
The Parties desire for the Town's Hole #7 Electric Line Burial Project and the
District's infrastructure improvements to be administered, constructed and installed,
to the extent provided for herein, as one project (collectively, the "Project "); and
WHEREAS, each of the Parties hereto desires to work together to authorize
and accomplish the construction of the Project; and
WHEREAS, each of the Parties hereto has detennined it to be in the best
interests of their respective taxpayers, residents, property owners, and constituents
to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements, and stipulations contained herein, and for other good and
valuable consideration, the Parties hereto agree as follows:
Cooperation The Parties agree to cooperate in the planning, design,
construction, inspection, cost and expense sharing, administration and
warrantee phases of the Project referenced in this Agreement and to
cooperate and facilitate the combined efforts including, but not limited
to the execution of any additional agreements, easements, and rights -of-
way necessary to implement the purposes of this Agreement.
2. Design Costs The Town has an agreement with Peak Land Consultants
(PLC) Inc. of Vail, Colorado for the project design work. The
District agrees to reimburse the Town for the District's portion of the
Project design costs per the Cost Sharing Breakdown (Malt
Exhibit A).
3. Project Manatzement The Town will provide a construction
management representative ( "Town Construction Manager ") to
coordinate the construction work, provide clarifications to the Contractor
and review and approve proposed field changes, cost changes and time
changes in a timely manner. The District will provide a construction
management representative ( "District Construction Manager ") to
coordinate execution of the District's portion of the Project with the Town
Construction Manager as required herein. With respect to
communications with Project Contractor, suppliers and consultants, the
District Construction Manager shall not have authority to bind, or
otherwise affect the obligations of, the Town.
4. Construction Contact The Town administered a competitive bid
process for the construction of this Project under the title "Hole #7
Electric Line Burial ". The bid documents included items designed for
and approved by the District. Icon, Inc ( "Icon'I was the lowest responsive,
responsible bidder, and the Town has entered into a contract with Icort
( "Contractor"). A copy of Icon's bid tabulation dated July 19, 2011 is
included as ^ttm hme Exhibit B. The Town will coordinate and supervise
the Project, and will be the Owner as defined in the construction contract The
Town will coordinate the permitting, construction work, provide clarifications
to the Contractor, and work with the Parties regarding any change orders or
modifications to the construction contract. No work for the District outside of
the construction contract will he- aommericoi without approval by the District
Construction Manager.
5. Construction Inspection The Town Constriction Manager will be
responsible for constrixtion inspection of its portion of the Project The
District Construction Manager will be responsible for construction inspection
and of its portion of the project; all communication between the District
Construction Mar>ager and the Contrac:tm shall be via the Town Construction
Manager.
6. Geotechnical Testing The Town will pay for geotechnical testing costs
associated with its portion of the Project The District will either reimburse
the Town for geotechnical Nesting associated with its portion ofthe Project,
or contract directly with a Geotechnical testing firm.
7. Cost Shar' . The Town agrees to pay all costs to the Contractor for the
Project. The Town will invoice the District on a monthly basis for the
District's portion of the work based on work accomplished per the
Contractor's invoices and the value of the work listed in Atilt
A Exhibit B . The District will reimburse the Town for the invoiced work
within 30 days. The District represents that it has appropriated sufficient funds
to pay in full its obligations hereunder and it has adequate present cash reserves
pledged imevocably and held for payments in this and, if necessary, in any
futureyears. Refer to Exhibit B bid items 46 -13 for Distri costs
to this Project. Biel Item # 14 was deleted per the District's request
Costs to the District will not exceed this amount unless the District
approves a change order.
8. Change Orders Any change orders that arise during construction related to
the Town portion of the Project will be negotiated between the Town
and the Contractor.
Any change orders that arise during construction related to District's
portion of the Project will be reviewed by the Town and District
Construction Manager prior to approval. Change order work will be
completed by the Contractor at contracted unit costs, lump sum
costs agreed to in advance, on a cost -plus basis or as otherwise set
forth in the construction contract. Additionally, the District
Construction Manager will review plans and approve change orders
in a timely manner. Neither the Town nor its Contractor will
commence any work outside ofthe contracted items for which it
expects reimbursement from the District without the prior approval of
the District's Construction Manager.
9, Project Meedntis The Town will make a good faith effort to invite a
represerw ve of the Distict to meetings concerning the Project, and otherwise
provide open communications throughout the Project.
10. Warranties For any work that the District determines does not conform to the
Project or District specifications, or needs to be completed under warranty
conditions (where the applicable warranty has not been transferred to the
District), the District shall notify the Town and the Town will notify the
Contractor under the terms of the Town's agreement with the Contractor.
11. Transfer of Warranties and Enforcement Powers Town will use its best
efforts to obtain, in writing, requisite warranties of at least a TWO -YEAR period
from Contactor for worlar anship and/or materials for facilities, infrastructure,
and appurtenances constructed for the Project. The Town will make its best
effort to transfer warranties for the District's portion of Project facilities,
in&astructu e, and appurtenances to the District. If the Town is not able to
transfer warranties to the District, the Town will retain the warranties and
cooperate with the District to enforce such warranties at no cost to the Town.
12. Release from Liability The Parties are affecting this undertaking to
achieve mutual benefit; and, accordingly, hold each other harmless pursuant to
Section 25 from all but gross negligence in executing the terms of this
Agreement and completing the Project. The Parties agree to utilize their
best efforts in performing all terns of this Agreement.
13. Enforcement The Parties agree that this Agreement may be enforced in law
or in equity for specific performance, injunctive, or other appropriate relief,
including damages, as may be available according to the laws and statutes of
the State of Colorado. It is specifically understood that by executing this
Agreement each party commits itself to perform pursuant to the temps
contained herein, and that any breach hereof which results in any
recoverable damages shall not cause the termination of any obligations
created by this Agreement unless such termination is declared by the party
not in breach hereof.
14. Goveming Law This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
15. Venue Venue for the trial of any action arising out of any dispute hereunder
shall be in the District Court for Eagle County, State of Colorado, pursuant to the
appropriate rules of civil procedures.
16. Captions. The headings and sections and paragraphs are included only for
convenience and reference. If any conflict between any heading and the text
of this Agreement exists, the text shall control.
17. Binding Agreement upon Successors and Assigns This Agreement and the
rights and obligatim mated hereby shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns.
18. Interested Persons Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or
governmental entity other than the Town and the District, any right, remedy or
claim under or by reason hereof or by reason of any covenant or condition
herein contained, nor limit in any ways the powers and responsibilities of the
Town, the District, or any other entity not a party hereto.
19. Notices All notices, requests, demands, consents and other
communications hereunder shall be transmitted in writing and shall be deemed
to have been duly given when hand-delivered or sent by certified, United States
mail, postage prepaid, with return receipt requested, addressed to the parties
as follows:
Stan Zerriler, Town Manager
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
With a Copy to:
Matt Mire, Town Attorney
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Eagle River Water and Sanitation District
Linn Brooks, General Manager
846 Forest Road
Vail, Colorado 81657
With a Copy to:
James P. Collins, Esq.
Collins Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, Colorado 80228 -1556
Either party may change the address at which it
receives written notice, by notifying the other party in
writing in the manner provided herein.
20. Severability If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to
either Party or as to both Parties, such portion shall be deemed severable
and its invalidity or its unenforceability shall not affect the remaining
provisions; such remaining provisions shall be fully severable and this
Agreement shall be construed and enforced as if such invalid provisions
had never been inserted into this Agreement.
21. Waiver The waiver of any breach of any of the provisions of this
Agreement, by any party, shall not constitute a continuing waiver of any
subsequent breach by that party, either of the same, or of another provision
of this Agreement.
22. Amendment This Agreement may be amended, modified, changed, or
terminated in whole or in part only by written agreement duly authorized
and executed by the Parties hereto.
23. Dualicate Originals This Agreement may be executed in counterparts,
each of which shall be an original, but all of which together, shall constitute
one and the same agreement.
24. Separate Entity Status In no event shall either party, its employees or its
representatives, be considered or authorized to act as employees or agents
of the other party.
25. Indemnification Each party, to the extent permitted by law and subject to
all of the immunities, defenses and protections afforded to that party by the
Colorado Governmental Immunity Act, shall indemnify and hold harmless,
the other party, its officers, directors, employees and agents from and
against any claims including attorneys fees, arising out of die negligence of the
officers, employees or agents of the indemnifying party and rising out of the
performance of services under this Agreement.
26. Force Mai=eure No party shall be liable for any failure to perform as required
by this Agreement to the extent such failure to perform is caused by any reason
beyond the control of that party or by reason of any of the following occurrences,
whether or not caused by such party: strikes, labor disturbances or labor disputes of
any character, accidents, riots, civil disorders or commotion, war, acts of
aggression, floods, earthquakes, acts of God, explosion or similar occurrences;
provided, such party shall exercise its best efforts to provide the best possible
alternative performance and to prevent the foregoing ocoa rentce from obstructing full
performance. Such occurrences shall not terminate this Agreement and shall not
affect this Agreement except as provided in this Section.
27. Entire Agreement of the Parties This Agreement represents the ful l and complete
understanding of Parties, and supersedes any prior agreeinents, discussions,
negotiations, represmtations or understandings of Parties with respect to dhe subject
matter contained herein.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective
as of the date and year first above written.
EAGLE RIVER WATER AND SANITATION
DISTRICT
a
Attest:
TOWN OF VAIL
Stan Zemier, Town Manager
Attest:
Lorelei Donaldson, Town Cleric
APPROVED AS TO FORM
Matt Mire Town Attorney
Becky Peterson
From: Romeo Baylosis [Romeo@peakland.net]
Sent: Tuesday, December 13, 2011 11:45 AM
To: Becky Peterson
Cc: Chad Salli
Subject: FW: #7 Hole Electric Line Burial - ERWSD design services
Becky,
In response to your email regarding the #7 Hole Electric Line Burial, PLC's design fees related to District items were a
total of $1080. Please see the correspondence below for the District's scope of design services. Are you interested in the
design fees for the entire project? If so, I can provide those.
Feel free to contact me with any questions. Thanks, Romeo
Romeo A. Baylosis, P.E.
Peak Land Consultants, Inc.
1000 Lions Ridge Loop
Vail, CO 81657
Office: 970.476.8644
Fax: 970.476.8616
L
w ww, peakland net
From: Chad Salli [ mailto:CSalli a vailgommi
Sent: Wednesday, August 24, 2011 11:53 AM
To: Romeo Baylosis
Subject: RE: #7 Hole Electric Line Burial - ERWSD design services
thanks
From: Romeo Baylosis [Romeo@peakland.net]
Sent: Wednesday, August 24, 2011 11:50 AM
To: Chad Salri
Subject: #7 Hole Electric Line Burial - ERWSD design services
Chad,
I have estimated that we've spent 12 hours on District related items for this project. At our hourly rate of $90/hr, the fees
are $1080. This includes civil sheet C6.0 (Water Service), C2.0 (Demolition), meetings, coordination and bid documents.
Please let me know if you have any questions.
Thanks.
Romeo A. Sa ylosis. P. E.
Peak Land Consultants, Inc.
1000 Lions Ridge Loop
Vail, CO 81657
Office' 970.476.8644
Fax: 970.476.8616
www.peakfand.net
EXHIBIT A
SECTION 00300
14 11) FO 11IN1
HAS BID ITEM : #7 hole h,lectric Line Burial
(ienclA Work required in this Sccliun sh;tll include all Mille;lals and labor it,+couif lete Ihr individual bid ileilts.
1 he lollm% hnl item ,hall be bid will paid under this agrcemem as outlined Item: of ecluipmem. permit,, ovencc;ul,
matc; iafs. and all other items cif work rcyuired fOr Iitc complete �:onstrucoon as specified on Drmvinns. 'I eJhuicul
Spccifica loll s anti as outlined bete shall be included in the bid items. Any items or like item not spceifically menl}oned as a
hill item i, considcred uuidenta) to the proiect awl all cost. nswcialed with these item~ shall he rnchided in the hid items
listed 'I hcse descriptions are to he used as a guide only for the bidder aoti reference to the "Icchnical Specifications and
11r,ic ings sloilld he made fOr the complete requircments. Additimts to ha-,c hid mmy or may not be awatdctl.
I. 'slobilinnion I LS
( Words) /
3 'I 1ld' is Control: I I'S
u D �1 ►�1x ka�as Iti l - ),I 5
( Words)
Construction Staking and Surveying: 1 LS
(Words)
t. Clearing and C.iruhhing: 1,835 SY
( Words )
Strip and Replace Topsoil. 1.835 SY
s, 0 (S y
(Words)
S L7S,j-
r � �
/oJi *2 7 �s
6. Riser \kalerand Sanitalion Uislric (FRWS1)) Pump Vaull Abandon: I I=A
r LUc V6%a6.S• - eeJ o tn4- \Av.,�tod �Y � - A),T'A
( \Vortl-)
EXHIBIT B
K
m
a
0
LRWI' D Valve Abandon 4 F.A
rr "� „yI7 V,mjr.d �:r LU AAII I
I > (S e
e $O ' 1 LA
( \\ 0,( -/ I
Rlk SO Conclece I lead\\ ;Ill Abandon: 1
1 FA
(( ! 9
j (\ 1
9Q
( \kc,rds)
F R \\ `I ti;ll111 II'\ tiC \ \'et Manhole A bat d
dow I FA
(
(Wor(N)
R \l SD 12 - 011' 1 Pipe Near Greek Removal: 1
17> 1 1
[I TgftrI y A 1I" i
iS u
uo
30 --r►1
Tordsi
LR%k IO" DIN finder Cam I'a1b Abandon: I LS
T C,6,4 LSLR- (
(S (
(p SOCK ):'LS
( Words)
H? Fire I l\d am ,Abandon I I•A
O )'I A
(Wold
I R\1 Waier 5cry icc ;Abandon Ior 1,01 I Res idence: I LS
<r L wS? Tks1&41Ara. 2
25£00 ),Is
(Word,)
r F It 11`51) \Vain Scr\ ice Install: ?mot) I F �
�C\
yo :
orris )
Silt Fcncc: 708 1 I.
rr yJ e Ao1 c , (S
j \\ ordti)
ca q
S`I 1_a0.
Oa
S I aoc)
b
S --•
s boo -
s So o --
EXHIBIT B
6 Fro6lll collool 1 ogq: 335 1 1'
o�
OoLu f
1 %Vords)
Slahifiicd Con5uuclion I immcc: 3 1.r\
d f'1 ye k�iAA . Aa 1-t IS Sao p1lA
M ords)
I S I I\ drr RoN c,elatinn ( I!platulc Seed \lip : 550 Sy
no
it �,� c� o �C'4
I U4
Ik4 ill(m Clump Save and Replace. I I.S
I Words)
n I Colntrni Rlaokel and Revc� OVO?hn k S eed ik i\r 3 SY
tl :[l.0 4 I U 2_. d Of I u1 S �$ t )'S
( Words )
S% itch Gear Vaull. L'A
(Wt
" (a
0" PC Pipc Installation and Trench: 185 Lf=
rr iuCV t S
I V'nrds)
e v"
1 5.0.0_ -'
S_..._q_YD_ d
J �
L, nnc,
.a r
� y
_7p y
S 7 #c)v 00
(•1)_S" P1 pihr. IrriL!ation C onduit and Pipe Ilallast Installation and french: 135 Lf-
( Words)
1 I1CL Conduits and Trenching for Install of r.�) (i" Conduits: 40 LF
(1 <<rds)
EXHIBIT B
HCE and Trenching for Install of (2) -i" Conduit: 8 I
ck,,tt -r% 6. Oa
16 Creek (. rossing. I LS
(Ailach means and methods nanari�(! to bid tab)
(Words)
Erosion Control Blanket and Revegetation (Uplands Seed %,lix) ss3 Sl'
(s B ) Sti X179 00
(Words) �—
(1�'ords) . __t- � - -1y_ goo
---
!oo
EXHIBIT B