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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 ,00574996.DOC / 2 1 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 ) 2 ("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 { 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 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. {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. 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 ) 7 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 2 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 6