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
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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
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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
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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.
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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:
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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.
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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.
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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:
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
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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