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HomeMy WebLinkAbout2021-11 IGA with ERWS for Construction of a Water Main within the South Frontage Road and South Frontage Road Widening and Roundabout Project RESOLUTION NO. 11 Series of 2021 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE CONSTRUCTION OF A WATER MAIN WITHINTHE SOUTH FRONTAGE ROAD AND THE SOUTH FRONTAGE ROAD WIDENING AND ROUNDABOUT PROJECT WHEREAS, the Eagle River water and Sanitation District desires to install a new water main within the South Frontage Road from 250 South Frontage Road (Evergreen Lodge) to 390 South Frontage Road, (Lionshead Transit Center), and the Town desires to construct the South Frontage Road widening and roundabout project at the same time and in the same vicinity: and WHEREAS, the Town and the District 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 water main installation and South Frontage Road widening and roundabout project to be administered, constructed and installed, as set forth in Intergovernmental Agreement for South Frontage Road Widening and Roundabout Project, attached hereto as Exhibit A and made a part IGA . NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. 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 2nd day of March 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk {00808216.DOCX / 2 } INTERGOVERNMENTAL AGREEMENT FOR VAIL SOUTH FRONTAGE ROAD WIDENING AND ROUNDABOUT PROJECT THIS AGREEMENT is made and entered into this ______ day of ____________ 2021, by the TOWN OF VAIL, a political subdivision of the State of Colorado EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and politi Collectively these entities are also 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 sanitation 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, 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 services; and WHEREAS, the Town wishes to improve the South Frontage Road between the Town Municipal building at 75 South Frontage Road and the Lionshead Parking Structure at 330 South Frontage WHEREAS, the District wishes to relocate its water line infrastructure within the {00808216.DOCX / 2 } 2 WHEREAS, the Parties wish to combine their efforts in construction of the Project to achieve cost sharing and cost savings benefits, minimize duplication of efforts to construct these improvements; and WHEREAS, the Parties desire for the Town Project and the District Project to be administered, constructed and installed as one 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 warranty 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. Project Management: The Town will provide a construction management construction work, provide clarifications to the Contractor (as defined in paragraph 3 below) and review and approve proposed field changes, cost changes and time changes in a timely manner. The District will provide a construction management representativ to coordinate execution of the Distri Town Construction Manager as required herein. With respect to communications with Contractor, suppliers and consultants, the District Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the Town. 3. Construction Contract. The Town administered a competitive bid process for the construction of this Project Road Widening and Roundabout Pr expected construction contract documents included items designed for and approved by the District. United Companies lowest responsive, responsible bidder, and the Town has entered into a contract with Contractor for the Proj {00808216.DOCX / 2 } 3 tabulation dated February 23, 2021 is included as Attachment A hereto. The Town will coordinate and supervise the Project, and will be the Owner as defined in the construction contract. The Town 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 District outside of the construction contract will be commenced without prior written approval by the District Construction Manager. 4. Project Costs. The Town and the District have selected United Companies to perform the construction services defined as Project Costs. A copy of above mentioned costs are attached as Attachment A. The Town agrees to pay a portion of the Project Costs and the District agrees to pay portion of the Projects Costs, as defined in Attachment A. 5. Cost Sharing. 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 portion of the District Project accomp and the value of the work listed in Attachment A. 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. 6. Change Orders. Any change orders that arise during construction related to the District Project will be negotiated between the Town, the District and the Contractor. 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. Neither the Town nor its Contractor will commence any work outside of the contracted items for which it expects reimbursement from the District without the prior written approval of the Di 7. Project Meetings. The Town will make a good faith effort to invite a representative of the District to meetings concerning the Project, and otherwise provide open communications throughout the Project. 8. Warranties. For any work that the District determines does not conform to the Project specifications set forth therein, or needs to be completed under warranty conditions, the District shall notify the Town and the Town will notify the Contractor under the terms Contractor. The Town 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. {00808216.DOCX / 2 } 4 9. 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. 10. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 11. 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. 12. 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. 13. 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. 14. 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 way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 15. 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: {00808216.DOCX / 2 } 5 Scott Robson, 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. 16. 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. 17. 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. {00808216.DOCX / 2 } 6 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. {00808216.DOCX / 2 } 7 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: Linn Brooks, General Manager Attest: Leslie Isom, Administration Manager TOWN OF VAIL By: Scott Robson, Town Manager Attest: Tammy Nagel, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney {00808216.DOCX / 2 } ATTACHMENT A (CONTRACT DOCUMENTS, BID SCHEDULES, AND COST SPLIT) ITEM # ITEM UNIT QUANTITY UNIT PRICE AMOUNT 202-00031 REMOVAL OF FIRE HYDRANT EACH 1 $ 1,200.00 $ 1,200.00 202-00032 REMOVAL OF VALVE EACH 1 1,800.00$ $ 1,800.00 206-00065 STRUCTURE BACKFILL (FLOW-FILL) CY 9 315.00$ $ 2,835.00 210-00050 RESET FIRE HYDRANT EACH 1 2,000.00$ $ 2,000.00 619-00006 CONNECT TO NEW WL (SERVICE LINES) EACH 2 1,200.00$ $ 2,400.00 619-00007 CONNECT TO EX. WL EACH 3 600.00$ $ 1,800.00 619-00011 INSULATE WATERLINE LF 69 40.00$ $ 2,760.00 619-06060 6" DIP LF 53 90.00$ $ 4,770.00 619-06080 8" DIP LF 72 98.00$ $ 7,056.00 619-06120 12" DIP LF 1,445 115.00$ $ 166,175.00 619-06121 12" DIP RESTRAINED LF 50 120.00$ $ 6,000.00 619-40160 2" COPPER PIPE LF 60 60.00$ $ 3,600.00 619-71516 2" AIR/VAC VALVE EACH 1 5,200.00$ $ 5,200.00 619-75064 8" GATE VALVE (INCLUDES VALVE BOX AND RISER) EACH 1 2,000.00$ $ 2,000.00 619-75048 6" GATE VALVE (INCLUDES VALVE BOX AND RISER) EACH 1 1,500.00$ $ 1,500.00 619-75080 10" GATE VALVE (INCLUDES VALVE BOX AND RISER) EACH 1 3,250.00$ $ 3,250.00 619-75096 12" GATE VALVE (INCLUDES VALVE BOX AND RISER) EACH 9 3,000.00$ $ 27,000.00 619-77201 12" INCH RESTRAINED PLUG EACH 5 1,100.00$ $ 5,500.00 619-77400 CURB STOP AND BOX EACH 2 1,050.00$ $ 2,100.00 619-78048 6-INCH FIRE HYDRANT EACH 1 7,250.00$ $ 7,250.00 Subtotal - ERWSD Waterline Items $ 256,196.00 202-00202 REMOVAL OF GUTTER LF 15 18.00$ $ 270.00 202-00203 REMOVAL OF CURB AND GUTTER LF 25 6.00$ $ 150.00 202-00210 REMOVAL OF CONCRETE PAVEMENT SY 124 42.00$ $ 5,208.00 202-00220 REMOVAL OF ASPHALT MAT SY 419 10.00$ $ 4,190.00 202-00240 REMOVAL OF ASPHALT MAT (PLANING) SY 341 12.00$ $ 4,092.00 203-00050 UNSUITABLE MATERIAL CY 25 165.00$ $ 4,125.00 203-01597 POTHOLING HOUR 10 400.00$ $ 4,000.00 210-00300 RESET HEATED PAVER SY 13 28.00$ $ 364.00 210-01000 RESET FENCE LF 6 40.00$ $ 240.00 304-06000 AGGERGATE BASE COURSE (CLASS 6) TON 230 45.00$ $ 10,350.00 403-34701 HMA (GRADING SX)(75) TON 100 90.00$ $ 9,000.00 403-33801 HMA (GRADING S)(75) TON 150 95.00$ $ 14,250.00 411-03354 ASPHALT CEMENT (PG64-22) TON 15 605.00$ $ 9,075.00 412-00750 CONCRETE PAVEMENT (7.5 INCH) SY 32 275.00$ $ 8,800.00 609-21020 CURB AND GUTTER TYPE 2 (SECTION II-B) LF 25 40.00$ $ 1,000.00 609-24003 GUTTER TYPE 2 (3 FOOT) LF 15 30.00$ $ 450.00 627-00005 EPOXY PAVEMENT MARKING GAL 8 360.00$ $ 2,880.00 Subtotal- ERWSD Roadway Items $ 78,444.00 TOTAL ERWSD CONSTRUCTION COST $ 334,640.00 EXHIBIT A Town of Vail & ERWSD Cost Share VAIL SOUTH FRONTAGE ROAD WIDENING AND ROUNABOUT PROJECT WATERLINE ITEMS ROADWAY ITEMS $ $$ $ $ $$ $ $ $$ $ LF 53LF 53 $ $ LF 72LF 72 $ $$ $98.00 LF 1,445LF 1,445 $ $ $ $ 115.00 LF 50LF 50 $ $$ $120.00 LF 60LF 60 $ $$ $60.00 EACH 1EACH 1 5,200.005,200.00$ $$ $5,200.005,200.00 EACH 1EACH 1 2,000.002,000.00$ $$ $2,000.002,000.00 EACH 1EACH 1 1,500.00$ $$ $1,500.00 EACH 1EACH 1 $ $3,250.00 EACH 9EACH 9 $ $ EACH 5EACH 5 $ $ EACH 2EACH 2 EACH 1EACH 1 Subtotal - ERWSD Waterline ItemsSubtotal - ERWSD Waterline Items LF 15LF 15 REMOVAL OF CURB AND GUTTERREMOVAL OF CURB AND GUTTER LF 25 REMOVAL OF CONCRETE PAVEMENTREMOVAL OF CONCRETE PAVEMENT SY 124 REMOVAL OF ASPHALT MATREMOVAL OF ASPHALT MAT REMOVAL OF ASPHALT MAT (PLANING)REMOVAL OF ASPHALT MAT (PLANING) UNSUITABLE MATERIALUNSUITABLE MATERIAL RESET HEATED PAVER RESET FENCERESET FENCE AGGERGATE BASE COURSE (CLASS 6)AGGERGATE BASE COURSE (CLASS 6) 403-34701 HMA (GRADING SX)(75)403-34701 HMA (GRADING SX)(75) HMA (GRADING S)(75)HMA (GRADING S)(75) 411-03354 ASPHALT CEMENT (PG64-22)411-03354 ASPHALT CEMENT (PG64-22) CONCRETE PAVEMENT (7.5 INCH)CONCRETE PAVEMENT (7.5 INCH) CURB AND GUTTER TYPE 2 (SECTION II-B)CURB AND GUTTER TYPE 2 (SECTION II-B) GUTTER TYPE 2 (3 FOOT)GUTTER TYPE 2 (3 FOOT) EPOXY PAVEMENT MARKINGEPOXY PAVEMENT MARKING ROADWAY ITEMS