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HomeMy WebLinkAbout2018-17 IGA with ERWSD regarding the Construction of the Vail_Holy Cross Energy Utility UndergroundingRESOLUTION NO. 17 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 VAIL/HOLY CROSS ENERGY UTLITY UNDERGROUNDING; 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 District desires to install a new sanitary sewer main along the South Frontage Road in West Vail and the Town desires to provide for the underground installation of Holy Cross Energy electrical lines within the same utility corridor (the "Electrical Undergrounding"); WHEREAS, the Parties wish to combine their construction efforts to achieve coordination, 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 installation and electrical utility undergrounding to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project"); WHEREAS, the Council's approval of Resolution No. 1 7 , 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. This Resolution shall take effect immediately upon its passage. Resolution No. 17, Series of 2018 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1st day of May, 2018. ave Town Mayor ATTEST: Resolution No. 17, Series of 2018 INTERGOVERNMENTAL AGREEMENT FOR THE WEST VAIL SEWER MAIN IMPROVEMENTS AND TOWN OF VAIL/HOLY CROSS ENERGY ELECTRIC UTILITY UNDERGROUNDING 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 utility infrastructure; and WHEREAS, the District desires to install a new sanitary sewer main along the South Frontage Road in West Vail and the Town desires to provide for the underground installation of Holy Cross Energy electrical lines within the same utility corridor (the "Electrical Undergrounding"); and {00574996.DOC / 2 } WHEREAS, the Parties wish to combine their construction efforts to achieve coordination, 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 installation and electrical utility undergrounding 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 provided for the design of the project separately, and combined the work into one package for bidding and construction administration. 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 "West Vail Sewer Main Improvements". The bid documents included items designed for and approved by the District and items designed for and approved by the Town. {00574996. DOC / 2 } 2 Western Pipeway (the "Contractor") was the lowest responsive, responsible bidder, and the District has entered into a contract with Contractor for the Project. A copy of Contractor's bid tabulation dated April 3, 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 100% of the construction costs of the Electrical Undergrounding work as defined in Attachment A. 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 } 3 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, (00574996.DOC / 2 } 4 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. (00574996.DOC / 2 ) 5 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 perforin 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. {00574996.DOC / 2 } 6 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. Attest: Catherine Hayes, District Administrator Attest: atty McKenny, Town Clerk iPPROVED AS TO FORM att Mire, Town Attorney (00574996. DOC / 2 ) EAGLE RIVER WATER AND SANITATION DISTRICT By: Linn Brooks, General Manager TOWN OF VAIL By: 7 Greg Clifton, Town Manager ATTACHMENT A (CONTRACTOR'S BID TABULATION DATED APRIL 3, 2018) �00574996.DOC / 2 } H igh Country Engineering, Inc. Prepared By: Romeo Baylosis Apri17, 2018 ERWSD TOV Westem Ppeway %res Quantty Unit Unit Cost Item Cost Subtotal lim $ 297,021 res 1 LS $ 76,125 $ 76,125.00 1 LS $ 3,104 $ 3,104.00 1 LS $ 159,090 $ 159,090.00 $ 3,104 1 LS $ 35,550 $ 35, 550.00 0.0% 1 15 $ 11,875 $ 11,875.00 $ - 1 LS $ 11,277 $ 11,277.00 78.3% 1 LS $ - $ - $ 456,633 $ 8,830 1578 LF $ 177.80 $ 280,568.40 78.3% $ - 0 LF $ - $ - 284 LF $ 60.00 $ 17,040.00 11 EA $ 8,654.00 $ 95,194.00 1 EA $ 9,682.00 $ 9,682.00 $ 1 LS $ 40,867.00 $ 40,867.00 0.0% 1 LS $ 6,852.00 $ 6,852.00 $ 95,194 4 EA $ 345.00 $ 1,380.00 100.0% 15 DAY $ 170.00 $ 2,550.00 16 LF $ 156.25 $ 2,500.00 $ 346,735 100.0% 2597 53 $ 2.40 $ 6,232.80 $ - 100.0% $ 1,380 1808 CY $ 30.75 $ 55,596.00 100.0% 3117 TON $ 22.60 $ 70,444.20 100.0% $ 2,500 2949 CY $ 30.75 $ 90, 681.75 4777 TON $ 22.60 $ 107,960.20 100 CY $ 158.20 $ 15,820.00 $ 170,792 319 TON $ 151.00 $ 48,169.00 20.0% 129 TON $ 130.00 $ 16,770.00 $ 56,355 506 TON $ 26.60 $ 13,459.60 174 TON $ 151.00 $ 26,274.00 $ 90,682 10 TON $ 130.00 $ 1,300.00 100.0% 275 TON $ 26.60 $ 7,315.00 100.0% $ 15,820 146 TON $ 151.00 $ 22,046.00 288 TON $ 26.60 $ 7,660.80 48 TON $ 151.00 $ 7,248.00 80.0% 1 TON $ 130.00 $ 130.00 90 TON $ 26.60 $ 2,394.00 80.0% 27 TON $ 151.00 $ 4,077.00 54 TON $ 26.60 $ 1,436.40 368 LF $ 34.00 $ 12,512.00 $ $ 59,040 1287 SF $ 1.20 $ 1,544.40 1 EA $ 125.00 $ 125.00 ERWSD TOV Casa Del Sol %res iim %res lim %res res 100.0% $ 76,125 0.0% $ 0.0% $ - 100.0% $ 3,104 100.0% $ 159,090 0.0% $ 0.0% $ - 100.0% $ 35,550 78.3% $ 9,298 21.7% $ 2,577 78.3% $ 8,830 21.7% $ 2,447 78.3% $ - 21.7% $ 100.0% $ 280,568 0.0% $ 100.0% $ - 0.0% $ 100.0% $ 17,040 0.0% $ 100.0% $ 95,194 0.0% $ 100.0% $ 9,682 0.0% $ 100.0% $ 40,867 0.0% $ 100.0% $ 6,852 0.0% $ - 100.0% $ 1,380 0.0% $ - 100.0% $ 2,550 0.0% $ 100.0% $ 2,500 0.0% $ 100.0% $ 6,233 0.0% $ 80.0% $ 44,477 20.0% $ 11,119 80.0% $ 56,355 20.0% $ 14,089 100.0% $ 90,682 0.0% $ 100.0% $ 107,960 0.0% $ 100.0% $ 15,820 0.0% $ 80.0% $ 38,535 20.0% $ 9,634 80.0% $ 13,416 20.0% $ 3,354 80.0% $ 10,768 20.0% $ 2,692 100.0% $ 26,274 0.0% $ 100.0% $ 1,300 0.0% $ 100.0% $ 7,315 0.0% $ 100.0% $ 22,046 0.0% $ 100.0% $ 7,661 0.0% $ 100.0% $ 7,248 0.0% $ 100.0% $ 130 0.0% $ 100.0% $ 2,394 0.0% $ 0.0% $ - 100.0% $ 4,077 0.0% $ - 100.0% $ 1,436 100.0% $ 12,512 0.0% $ 100.0% $ 1,544 0.0% $ 100.0% $ 125 0.0% $ Attachment A - Page 1 of 3 ERWSO Western Pipeway •uant Unit Unk Cost Item Cost Subtotal 0.0062 AC $ 24,193.00 $ 150.00 0.0% 5489 SF $ 2.75 $ 15,094.75 550 LF $ 1.00 $ 550.00 1 L5 $ 500.00 $ 500.00 1 LS $ 5,076.00 $ 5,076.00 30 DAY $ 740.00 $ 22,200.00 100 CY $ 15.00 $ 1,500.00 36 HR $ 335.00 $ 12,060.00 400 LF $ 0.60 $ 240.00 $ 253,614 100.0% $ 1,500 1 LS $ 6,980.00 $ 6,980.00 1 LS $ 13, 552.00 $ 13, 552.00 1 LS $ 5,111.00 $ 5,111.00 1 LS $ 4,368.00 $ 4,368.00 1 LS $ 9,789.00 $ 9,789.00 3111 SY $ 4.80 $ 14,932.80 399 CY $ 34.60 $ 13, 805.40 Material 124 CY $ 41.75 $ 5,177.00 408 TON $ 28.60 $ 11,668.80 3111 53 $ 0.50 $ 1,555.50 0 616 TON $ 124.25 $ 76,538.00 1176 TON $ 26.90 $ 31,634.40 1010 SF $ 14.70 $ 14,847.00 70 LF $ 50.00 $ 3,500.00 434 LF $ 37.00 $ 16,058.00 1 EA $ 1,702.00 $ 1,702.00 1 EA $ 280.00 $ 280.00 1 LS $ 672.00 $ 672.00 400 SF $ 9.20 $ 3,680.00 100 IF $ 8.40 $ 840.00 500 LF $ 8.20 $ 4,100.00 302 LF $ 35.00 $ 10,570.00 302 LF $ 1.65 $ 498.30 1 LS $ 1,755.00 $ 1,755.00 lase 1) Eiot Road to Stephens Park $ 227,113 $ 15,937 3 EA $ 2,145.00 $ 6,435.00 1 EA $ 3,214.00 $ 3,214.00 3930 LF $ 0,80 $ 3,144.00 3930 LF $ 0.80 $ 3,144.00 $ - $ 165,969 1965 LF $ 28.60 $ 56,199.00 406 TN $ 25.50 $ 10,353.00 582 C $ 20.00 $ 11,640.00 364 CY $ 190.00 $ 69,160.00 . Material 10 CY $ 77.00 $ 770.00 1898 LF $ 1.25 $ 2,372.50 2870 SF $ 2.50 $ 7,175.00 1 LS $ 8,299.81 $ 8,299.81 ERWSO TOV Casa Del Sol %resres %res iLe.s %res 5m 100.0% $ 150 0.0% $ 100.031 $ 15,095 0.0% $ - 100.0% $ 550 0.0% $ 100.0% $ 500 0.0% $ 100.0% $ 5,076 0.0% $ 100.0% $ 22,200 0.0% $ 100.0% $ 1,500 0.0% $ 100.0% $ 12,060 0.0% $ - 100.0% $ 240 0.0% $ - 57.4% $ 4,007 42.6% $ 2,973 57.4% $ 7,780 42.6% $ 5,772 57.4% $ 2,934 42.6% $ 2,177 57.4% $ 2,507 42.6% $ 1,861 57.4% $ 5,619 42.6% $ 4,170 57.4% $ 8,572 42.6% $ 6,360 57.4% $ 7,925 42.6% $ 5,880 0.0% $ - 100.0% $ 5,177 0.0% $ - 100.0% $ 11,669 57.4% $ 893 42.6% $ 663 57.4% $ 43,937 42.6% $ 32,601 57.4% $ 18,160 42.6% $ 13,474 0.0% $ - 100.0% $ 14,847 0.0% $ - 100.0% $ 3,500 0.0% $ - 100.096 $ 16,058 0.0% $ - 100.096 $ 1,702 0.0% $ - 100.0% $ 280 57.4% $ 386 42.6% $ 286 0.0% $ - 100.0% $ 3,680 0.0% $ - 100.0% $ 840 0.0% $ - 100.0% $ 4,100 0.0% $ - 100.0% $ 10,570 0.0% $ - 100.0% $ 498 0.0% $ - 100.0% $ 1,755 0.0% $ - 100.0% $ 6,435 0.0% $ - 100.0% $ 3,214 0.0% $ - 100.0% $ 3,144 0.0% $ - 100.0% $ 3,144 0.096 $ - 100.0% $ 56,199 0.0% $ - 100.0% $ 10,353 0.0% $ - 100.0% $ 11,640 0.0% $ - 100.0% $ 69,160 0.0% $ - 100.0% $ 770 0.0% $ - 100.0% $ 2,373 0.0% $ - 100.0% $ 7,175 0.0% $ - 100.0% $ 8,300 Attachment A - Page 2 of 3 Attachment A - Page 3 of 3 Western Ppeway ERWSD TOV Casa Del Sol uantky I Unk Unk Cost 1 Item Cost Subtotal $ 45,207 36 TN $ 377.40 $ 13,586.40 163 TN $ 134.50 $ 21,923.50 99 TN $ 35.70 $ 3,534.30 1450 SY $ 4.25 $ 6,162.50 Subtotal $ 1,810,948.51 %res %res %res res 0.0% 100.0% $ 13,586 0.0% 100.0% $ 21,924 0.0% 100.0% $ 3,534 0.0% 100.0% $ 6,163 74.2% $ 1,342,863 17.5% $ 317,193 8.3% $ 150,893