HomeMy WebLinkAboutC03-179 Miller Ranch Road Bridge Project IGAi
INTERGOVERNMENTAL AGREEMENT
for
THE MII.LER RANCH ROAD BRIDGE PROJECT
THIS AGREEMENT is made and entered into this ~,~ day , 2003, by
UPPER EAGLE REGIONAL WATER AUTHORITY, aquasi-municip orati nand political
subdivision of the State of Colorado, ("Authority") and the COUNTY OF EAGLE, a political
subdivision of the State of Colorado ("County"). Collectively these entities are also referred to as
the "Parties".
RECITALS
WHEREAS, Upper Eagle Regional Water Authority is a water Authority organized and
existing under the Service Authority Act of 1972, §32-7-101 C.R.S., et seq.; and
WHEREAS, the Authority is empowered to provide water service to its customers and
constituents within and without its boundaries, within Eagle County, Colorado, on such terms
and conditions as the Authority 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 services; and
WHEREAS, the Colorado Department of Transportation (CDOT) is building Miller
Ranch Road Bridge across the Eagle River and boring under Union Pacific RR to install utilities
as part of the County's bridge construction project on behalf of the County; and
WHEREAS, the Authority would like to install an interconnecting water main to provide
a beneficial loop in the domestic water distribution system which needs to cross the Eagle River
and the railroad in about the same location as the Miller Ranch Road Bridge and bore project
(the "Interconnect Project"); and
WHEREAS, the Authority would like to achieve acost-savings on the installation of the
interconnect by combining the Interconnect Project with the County's bridge and bore project;
and
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Eagle Ranch M81rr Road IGA with Eagle County - Intercotmect Pm;-c[ (clean) v 206-10-03.doc
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WHEREAS, the proposed Interconnect Project is planned to be located within the right-
of-way of the Miller Ranch Road and within the azea of construction disturbance of the County's
bridge and bore project; and
WHEREAS, the Parties understand that a second phase of the Interconnect Project,
planned to extend from the north end of the County's bridge and bore project to a point of tie-in
neaz Berry Creek Middle School, is not part of this agreement; and
WHEREAS, each of the Parties hereto desires to work together to authorize and
accomplish the construction of the Interconnect Project and the County's bridge and bore
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; and
WHEREAS, the Authority understands that CDOT is constructing the Miller Ranch
Road Bridge, that the Authority's interconnecting water main line will be paid for by the County,
and that the Authority will reimburse by the County for the cost of the water line; and
WHEREAS, the Parties agree to cooperate in the planning, construction, installation,
management, operations, cost and expense sharing, and administration of the Projects 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.
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. Authority will prepaze construction drawings of the Interconnect Project integrated with
the County's bridge and bore project.
2. Authority will submit the Interconnect Project construction drawings to the County for
engineering review.
3. Authority agrees to cooperate with Eagle County and CDOT during the construction,
provide water main inspections and a construction management representative ("Construction
Manager") to review and approve proposed field changes, cost changes and time changes.
4. Authority will comply with all relevant CDOT rules governing the project that aze
applicable, disclosed, and reviewed by the Authority.
5. Authority's Construction Manager will provide timely review and input on the
contractor's, CDOT's, or County's proposed construction, cost or time changes.
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6. Authority will pay County as invoiced and generally within 30 days of approval of
invoiced amounts by Construction Manager during the course of construction for items covered
in the construction contract.
7. The County will pay CDOT and be reimbursed by the Authority for the cost of the
interconnecting water main as approved by the Authority.
8. Authority will pay County for approved change order items as invoiced during the course
of construction within 60 days of approval of invoiced amounts by Construction Manager.
9. County will coordinate the inclusions of the Authority's construction drawings into
CDOT's bid package as an alternate bid item.
10. County will require CDOT to keep all bid items to be paid for by the Authority separate
in the bid documents.
11. County will provide copies of the submitted contractor bids for Authority review.
12. County will allow Authority to remove its project from the construction package if the
water main bids are deemed unfavorable by the Authority.
13. County will cooperate with the Authority during the bidding and construction phases, and
allow the Authority's Construction Manager to review and approve or deny proposed
construction, cost or time changes to the Authority's work prior to commencement of said work.
14. Neither the County nor its contractor will commence any work outside of the contracted
items for which it expects reimbursement from the Authority without the prior approval of the
Authority's Construction Manager.
15. County will provide unit costs and a total cost estimate for any changes for which the
County expects reimbursement from Authority. For a change in quantity in a contracted bid item
that is within 20% of the original quantity bid, the unit cost billed to the Authority will be the
same as the bid sheet unit cost unless approved by the Authority. Unit costs for additional
quantities greater than 20% of original bid quantity must be approved by the Authority prior to
commencement of work, including such additional quantities.
16. The Authority shall not be required to pay for any additional costs or expenses incurred
as a result of weather conditions or project delays.
17. 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.
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Jun-30-2A03 03:58pm From-ERWSD ~ 8704764089 ~ T-638 P.002/002 F-477
18. Indemnif cation. The Couury indemnifies the Authority from ~
Authority's utility lines which are caused by the County's, its agents, or
operation, repair or replacement of the bridge or roadway.
19. Hold Harmless. County shall hold hat es~eAuthority for the
damage to any property, which dams •aused by the construction, op~
the Cottnry's project; i clod' tt not limited to, damage caused by the
lines in said easeme ~ break in the present or future udliry lines of tl
easements, o e repair and ma :ntenance of the „*iliry lines in said ea;
20. Governing Law. This Agreement shall be governed and consh-u
laws of the State of Colorado.
21. Venue. Venue for the trial of any action arising out of any
the appropriaze court of the State of Colorado pursuant to the apps
procedures.
costs of any repairs to the
DOT's maintenance,
of repairing any ~/~
nand maintenance of
Nation of new utili
~ority within said ~U%3
in accordance with the
hereunder shall be in
rules of civil
22. Cautions. The headings and sections and paragraphs are includ L only for convenience
and reference. Tf any conflict between any heading and the text of this greement exists, the text
shall control.
23. Binding A~,reement aeon Successors and Assigns This Agreem nt and the rights and
obligations created hereby shall be binding upon and inure to the benefit f the Parties hereto and
their respective successors and assigns.
24. Interested persons. l~othing herein e~.-pressed or implied is ini
construed to confer or give to any person or corporation or governme~
Authority and the County, any right, remedy or claim under or by tea
any covenant or condition herein contained, nor limit in any ways the
of the County, the Authority, or any other entity not a party hereto.
25. No_ tires. All notices, requests, demands, consents and other coo
shall be transmitted in writing and shall be deemed to have been duly gi
or sent by certified, United States mail, postage prepaid, with return tea
to the parties as follows:
Upper Eagle Regional Water Authority
c/o Robert Warner Jr., President
S46 Forest Road
Vail, Colorado S 1657
With a copy to:
Tames P. Collins, Esq.
Collins, Cockrel & Cole
ed or should be
entity other than the
hereof or by reason of
vets and responsibilities
nications hereunder
when hand-delivered
requested, addressed
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390 Union Boulevard, Suite 400
Denver, CO 80228-1556
County of Eagle
c/o Diane Mauriello, County Attorney
500 North Broadway
Post Office Box 850
Eagle, CO 81631
Either party may change the address at which it receives written notice, by notifying the
other party in writing in the manner provided herein.
26. 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.
27. 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.
28. 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.
29. Duplicate Ori iginals• 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.
30. Separate Authority 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.
31. 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.
32. 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 parry 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
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Agreement except as provided in this Section.
33. 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
effective as of the date and yeaz first above written.
UPPER EAGLE REGIONAL
WATER AUTHORITY
ATTEST:
Secretazy
STATE OF COLORADO
COUNTY OF
2003,
Eagle Regional Water Authority.
Witness my hand and official seal.
My commission expires G~'r/o'~~ %1~,~~~
Notary is
Y
KATHY A.
GARRISON
ss.
By:
Name
Title:
The foregoing Agreement was acknowledged before me this ~ day of .duK~ ,
by ;~~'tn~ZcS ~L~h as ~ ~~ ~~viC. ~1 ~v~r~6~1~ and
as , of the Upper
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~* _ ,~C
COUNTY OF E.~GLE,
RADO
STATE OF COLORADO )
ss
COUNTY OF EAGLE )
The foregoing instrument w acknowledged before this ~~ day of
~~ 2~3, b ~ ~ ~as ~ t on behalf
y
of the Coun of Eagle, Colorado.
Witness my hand and official seal.
Notary Public
My commission expires: +~ I ~ 7i~ Z ®~
Approved as to Form
By: ~ g~" ~ J
Title:
~~~~~
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