HomeMy WebLinkAbout2018-14 IGA with ERWS regarding the Bridge Road Sanitary Sewer RelocationRESOLUTION NO. 14
Series of 2018
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE
"IGA") BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND
SANITATION DISTRICT REGARDING THE CONSTRUCTION OF THE BRIDGE
ROAD SANITARY SEWER RELOCATION; 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 Town will partner with the Eagle River Water and Sanitation
District (ERWSD) for construction of the relocation of sanitary sewer at Bridge Road
(the "Project");
WHEREAS, the Project, located in along Bighorn Road between the East Vail
1-70 Interchange and Bridge Road, will provide a benefit to both the Town and
ERWSD by eliminating an aerial creek crossing, reduce maintenance issues with the
sanitary sewer and better facilitate replacement of the Bridge Road structure over
Gore Creek;
WHEREAS, the Council's approval of Resolution No. 1 4 , Series 2018, is
required to enter into the Intergovernmental Agreement ("IGA").
NOW THEREFORE, B E 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 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.
passage.
This Resolution shall take effect immediately upon its
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 3rd day of April, 2018.
ATTEST:
Resolution No. 14, Series of 2018
ave Chap
Town Mayor
Resolution No. 14, Series of 2018
INTERGOVERNMENTAL AGREEMENT
FOR
BRIDGE ROAD SANITARY SEWER RELOCATION
THIS AGREEMENT is made and entered into this day of
2018, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-
municipal corporation and political subdivision of the State of Colorado, ("District") and
the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town").
Collectively these entities are also referred to as the "Parties".
RECITALS
WHEREAS, Eagle River Water and Sanitation District is a water and sewer
District organized and existing under the Colorado Special District Act; and
WHEREAS, 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, the Town of Vail is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law; and
WHEREAS, Section 18(2)(a) 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 permit 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 and sewer and
services; and
WHEREAS, the Parties desire to relocate the sanitary sewer main located near
Bridge Road to eliminate an aerial creek crossing and upgrade the sanitary sewer main
that is not built to current standards and requires monthly maintenance to stay
operational; and
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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 proposed sewer main relocation 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 determined 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:
1. 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 District and the Town currently have an
Intergovernmental Agreement for Bridge Road Sanitary Sewer Relocation
dated April, 5 2016 for the project design work.
3. Project Management: The District will provide a construction management
representative ("District 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 Town will provide a construction management representative
("Town Construction Manager") to coordinate execution of the Town's
portion of the Project with the District Construction Manager as required
herein. With respect to communications with Project Contractor, suppliers
and consultants, the Town Construction Manager shall not have authority to
bind, or otherwise affect the obligations of, the District.
4. Construction Contract. The District administered a competitive bid process
for the construction of this Project under the title "Bridge Road Sanitary
Sewer Relocation". The bid documents included items designed for and
approved by the District. Oldcastle SW Group, Inc dba United Companies
{00574996.DOC / 2 )
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("Contractor") was the lowest responsive, responsible bidder, and the
District has entered into a contract with Contractor for the sewer
improvements. A copy of Contractor's bid tabulation dated February 16,
2018 is included as Attachment A. The District will coordinate and
supervise the Project, and will be the Owner as defined in the construction
contract. The District will coordinate the 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 Town outside of the construction contract will be commenced without
approval by the Town Construction Manager.
5. Construction Inspection. The District Construction Manager will be
responsible for construction inspection of its portion of the Project.
6. Geotechnical Testing. The District will pay for geotechnical testing costs
associated with its portion of the Project. The Town will either reimburse
the District for geotechnical testing associated with its portion of the
Project, or contract directly with a Geotechnical testing firm.
7. Cost Sharing. The District agrees to pay all costs to the Contractor for the
Project. The District will invoice the Town on a monthly basis for the
Town's portion of the work based on work accomplished per the
Contractor's invoices and the value of the work listed in Attachment A.
The Town will reimburse the District for the invoiced work within 30 days.
The Town represents that it has appropriated sufficient funds to pay in full
its obligations hereunder. The Town agrees to pay 50% of the construction
costs and the District agrees to pay 50% of the construction costs
8. Change Orders. Any change orders that arise during construction related to
the District portion of the Project will be negotiated between the District
and the Contractor.
Neither the District nor its Contractor will commence any work outside of
the contracted items for which it expects reimbursement from the Town
without the prior approval of the Town's Construction Manager.
9. Project Meetings. The District will make a good faith effort to invite a
representative of the Town to meetings concerning the Project, and
otherwise provide open communications throughout the Project.
10. Warranties. For any work that the Town determines does not conform to
the Project or Town specifications set forth therein, or needs to be
completed under warranty conditions, the Town shall notify the District and
{00574996.DOC / 2 {
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the District will notify the Contractor under the terms of the District's
agreement with the Contractor. District will obtain requisite warranties of
at least a TWO-YEAR period from Contractor for workmanship and/or
materials for facilities, infrastructure, and appurtenances constructed for the
Project.
11. 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 terms 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.
12. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
13. 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.
14. 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.
15. Binding Agreement upon Successors and Assigns. This Agreement and the
rights and obligations created hereby shall be binding upon and inure to the
benefit of the Parties hereto and their respective successors and assigns.
16. 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 District and the Town, any right, remedy
or claim under or by reason hereof or by reason of any covenant or
condition herein contained, nor limit in any way the powers and
responsibilities of the Town, the District, or any other entity not a party
hereto.
17. 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,
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United States mail, postage prepaid, with return receipt requested,
addressed to the parties as follows:
Greg Clifton, 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.
18. 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.
19. 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.
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20. 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.
21. Duplicate 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.
22. 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.
23. 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 the negligence of
the officers, employees or agents of the indemnifying party and rising out
of the performance of services under this Agreement.
24. Force Majeure. 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 commotions, 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 occurrence from obstructing full performance.
Such occurrences shall not terminate this Agreement and shall not affect
this Agreement except as provided in this Section.
25. Entire Agreement of the Parties. This Agreement represents the full and
complete understanding of 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 caused this Agreement to be
effective as of the date and year first above written.
EAGLE RIVER WATER AND
SANITATION DISTRICT
By:
Attest:
Leslie Isom, Administration Manager
Linn Brooks, General Manager
TOWN OF VAIL
By:
Attest:
Patty McKenny, Town Clerk
APPROVED AS TO FORM
Matt Mire, Town Attorney
00574996.DOC / 2 )
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Greg Clifton, Town Manager
ATTACHMENT A
(CONTRACTOR'S BID TABULATION DATED FEBRUARY 16, 2018)
100574996. DOC / 2 1
BID FORM
To: Eagle River Water and Sanitation
Sanitation District
846 Forest Road
Vail, CO 81657
PROJECT:
Bridge Street Sanitary Sewer Relocation
THE UNDERSIGNED BIDDER, having familiarized himself with the Work
required by the Contract Documents, the site where the Work is to be performed, local
labor conditions and all laws, regulations and other factors affecting performance of the
Work, and having satisfied himself of the expense and difficulties attending performance
of the Work,
HEREBY PROPOSES AND AGREES, if this Bid is accepted, to enter into
Agreement in the form attached, to perform all Work, including the assumption of all
obligations, duties and responsibilities necessary to the successful completion of the
Agreement and the furnishing of materials and equipment required to be incorporated in
and form a permanent part of the Work, tools, equipment, supplies, transportation,
facilities, labor, superintendence and services required to perform the Work; and Bond,
insurance and submittals; all as indicated or specified in the Contract Documents to be
performed or furnished by Contractor in accordance with the following Bid prices:
A. BASE BID PRICE: Four hundred Forty Three Thousand Two Hundred Fifty Nine Dollars
($ 443,259.00 ).
Item
No.
Description of Item/Unit
Cost in Words
Unit
LS
Approx.
Qty.
1
Unit Cost
39,000.00
Total Cost
39,000.00
Thirty Nine Thousand
Dollars and Zero Cents
1
Mobilization and
Demobilization
2
Traffic Control
LS
LS
1
19,200.00
Nmelees/ Thousand T 19,200.00
Ihndtcd Dollars and Zero
Cron
3
Erosion Control
LS
1
12,900.00
Twotv.ThouwtdNine2,900.00
Hundred Dollars and Zero
ts
4
Construction Surveying
Remove Existing Rock
Wall
LS
LS
1
1
9,850.00
1,365.00
9,850.00
Nine Thousand Eight
Hundred Fitly Dollars
and Zero Cents
1,365.00
One Thousand Three Hundred
Sixty Five Dollen and
Zero Cents
5
6
Remove Existing Tree
EA
2
1,050.00
2,100.00
Two Thousand One Hundred
Dollars and Zero Cents
ERWSD 2/2015
P:\ SWSD\1admin\Contract\Bid Documents\BidForin
7
Remove Existing Manhole
8" C900 PVC Sewer Main
4' Diameter Sanitary Sewer
Manhole
EA
LF
EA
1
990
5
1,475.00
66.00
5,000.00
1,475.00
Dne Thousand Four Handmd
Seventy Five Dollars And
Zero Cenu
SixtyFivo7lrouuad 65,340.00
Hundred Forty Dollars And
Zero Cents
25,000.00
Twenty Five Thousand
Dollars end Zero Cents
8
9
10
4' Diameter Sanitary Sewer
Drop Manhole
EA
1
8,835.00
8,835.00
Hight Thousand Eight Hundred
Thirty Flve Dollars end Zero
cam
11
Cast -in-place Bypass
Manhole
EA
2
4,700.00
9,400.00
Nino Thousand Four Hundred
Donau and Zero Cents
12
Connect to Existing
Manhole
EA
1
2,750.00
2,750.00
Two Thousand Seven Hundred
Fifty Dollars and Zero Cents
13
Sewage Bypass Pumping
DAY
416,680.00
4,170.00
rhirucn Thousand Sin
4undred Eighty Dollars And
e mCents
14
Remove Existing Asphalt
SY
1,500
9.00
Thirteen ThousandFivl3,soo.00
Imndred Dollars end Zero
—r �
15
Unclassified Excavation
and Disposal
CY
1,325
14.00
18,550.00
Eighteen Thousand Five
Hundred Fifty Dollars
And zero Cents
16
Rock Excavation
HR
30
750.00
22>soo.oe
Twenty Two Thousand
Five Hundred Dollars
And Zero Cents
17
Suitable Backfill Material
-Import
TON
2,250
56.00
126,000.00
One Hundred Twenty Six
Thousand Dollars And
Zero Cents
18
Class 6 Aggregate Base
Course
l•
TON
70
66.50
4,655.00
Four Thousand Sin Hundred
Fifty Five Dollen end Zero
Cents
19
Class 2 Aggregate Base
Course
TON
340
51.50
17,510.00
Seventeen Thousand Five
Hundred Ten Dollars And
Zero Cents
20
F1ot Bituminous Pavement
TON
45
170.00
7,650.00
Seven Thousand Six Hundred
Fifty Dollars and Zero Cents
21
Ilydrosceding
ACRE
0.9
3,360.00
3,024.00
Three Thousand Twenty
FourDollars and Zero
ents
22
Construction Dewatering
LS
CY
1t
3
11,375.00
320.00
1375.00
Eicvcn Thousand Three
If waited Seventy Five
Dollars and Zero Cents
96o.Od
Nine Hundred Sixty
Dollars and Zero Cents
23
Flowfill
24
Temporary Bike Detour
Path
SY
140
26.00
3,640.00
three Thousand Six Hundred
Forty Dollars and Zero
cont:
ERWSD 2/2015
P:\I5WSD\1adtnin\Contract\laid Docunenls1itdF ono
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Bidder acknowledges that quantities are not guaranteed, and final payment will be based
on actual quantities determined as provided in the Contract Documents.
The undersigned Bidder agrees to furnish the required Bond and enter into
Agreement within 1'bN (10) days after acceptance of this Bid, and further agrees to
complete all Work covered by the Bid, in accordance with specified requirements and in
accordance with the following schedule (Bidder to enter number of days after date of
Notice to Proceed for all of the following, unless number of days has already been
entered):
1. Substantial Completion June 15, 2018
2. Final Completion June 29, 2018
Liquidated Damages. Owner and Contractor recognize that time is of the essence
of this Agreement and that Owner will suffer financial loss if the Work is not
substantially completed within the time specified above, plus any extensions thereof
allowed in accordance with the General Conditions. They also recognize the delays,
expense and difficulties involved in proving, in a legal or arbitration proceeding, the
actual loss suffered by the Owner if the Work is not substantially completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay (but not as a penalty), Contractor shall pay Owner in
accordance with the following:
3. Late Substantial Completion $285 Per Day
4. Late Final Completion $132 Per Day
Receipt of copies of the following addenda is hereby acknowledged.
ERWSD 2/2015
P:\15WSDUadmin\Contract\Bid Documents\BidForm
3
Addendum No.
1
2
Bidder's Sjgnature Date Acknowledged
2/6/2018
2/6/2018
Enclosed herewith is the required Bid Security, in the form of id Bond
(strike one), in the amount of five percent of total amount bid Dollars ($ 5% of total bid) which
the undersigned Bidder agrees is to be forfeited to and become the property of owner, as
liquidated damages, should this Bid be accepted and he fails to enter into Agreement in
the form prescribed and to furnish the required Bonds within ten (10) days, but otherwise
the Bid security will be returned upon Bidder signing the Agreement and delivering the
Performance, Payment and Warranty Bond.
In submitting this Bid, it is understood that Owner reserves the right to reject any
and all Bids, and it is understood that this Bid may not be withdrawn during a period of
sixty (60) days after the scheduled time for the receipt of Bids.
The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not
made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation,
and is not submitted in conformity with any agreement or rules of any group, association,
organization, or corporation; (b) that he has not directly or indirectly induced or solicited
any other Bidder to put in a false or sham Bid; (c) that he has not solicited or induced any
person, firm, or corporation to refrain from bidding; and (d) that he has not sought by
collusion to obtain for himself any advantage over any other Bidder or over the Owner.
In connection with Eagle River Water and Sanitation District's proposed Bridge
Street Sanitary Sewer Relocation project and pursuant to Section 8-17.5-102(1), C.R.S.,
the undersigned prospective Contractor hereby certifies that, as of the date of this
Certificate, it does not knowingly employ or contract with an illegal alien and it will
participate in the E -Verify Program or the Department Program (as such term is defined
in Section 8-17.5-101, C.R.S.) in order to confirm the employment eligibility of all
employees who are newly hired to perform work under the Agreement.
The full names and addresses of parties interested in this Bid as principals are as
follows:
Name Address
ERWSD 2/2015
P:\15WSD\ladmin\Contmct\Bid Documents\BidFocm
4
SIGNATURE OF BIDDER
If an Individual: [Signature]
If a Partnership:
Print or type name:
Doing business as:
Date:
By: [Signature]
Print or type name:
Date:
General Partner
If a Corporation: Oldcastle SW Group, Inc. dba United Companies
(a
Colorado
By:
Print or type name: Kyle Alpha
Corporation)
Title: General Manager
Date: 2/16/2018
2273 River Road
Attest: Grand Junction, CO 81505
Dorothy Feil
Title: Assistant ecretary
ERWSD 2/2015
P:\15WSD11admin\Contracl\Bid Documents\BidForm
5
below.
If Bidder is a joint venturer, all venturers or their authorized agents must sign
Name of Joint Venture:
If Joint Venture is:
If an Individual: [Signature]
If a Partnership:
If a Corporation:
Attest:
Print or type name:
Doing business as:
Date:
By: [Signature]
Print or type name:
Date:
General Partner
(a Corporation)
By: [Signature]
Print or type name:
Title:
Date:
, Secretary
ERWSD 2/2015
P:115WSD\ladmin\Contract\Bid Documents'BidFonn
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