HomeMy WebLinkAboutC05-159 IGA Edwards Metropolitan District
C'p$"'" /s? df$
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE EDWARDS METROPOLITAN DISTRICT
FOR ASPHALT OVERLAY OF THE REGIONAL TRAIL
IN EDWARDS, COLORADO
This Intergovernmental Agreement, is made and entered into this !~ay of
~~ ,2005, by and between the County of Eagle, State.ofColorado, a body corporate
artd polif , acting by and through its Board of County Commissioners ("Eagle County"), and the
EDWARDS METROPOLITAN DISTRICT, a special district of the State of Colorado acting by
and through its Board of Directors ("Edwards Metro District").
WHEREAS, the Constitution and laws of the State of Colorado permit and encourage
local governmental entities to cooperate with each other to make the most efficient and effective
use of their powers and responsibilities; and
WHEREAS, Eagle County and Edwards Metro District enter into this Agreement under
the authority oflocal governments of the State of Colorado to contract with one another. C.R.S.
~29-1-201, et seq., Article XN, Section 18 of the Colorado Constitution; and
WHEREAS, Eagle County owns and operates a regional trail system running through
portions of Edwards, Colorado; and
WHEREAS, Eagle County and Edwards Metro District"desire to maintain and improve
sections ofthe regional trail system through Edwards and has approved $40,000.00 in their
annual budget to be used for the maintenance and improvement of the regional trail through
Edwards; and
WHEREAS, Eagle County has proposed to arrange an asphalt overlay of a section of the
regional trail through Edwards alongside Highway 6 and Edwards Metro District has agreed to
pay for the cost of the asphalt overlay to the extent of the above budgeted amount; and
WHEREAS, the cooperation of Edwards Metro District in funding the improvement
will mutually benefit the residents and taxpayers of both entities.
NOW, THEREFORE, for and in consideration of the mutual promises and other
considerations contained herein, the adequacy of which is hereby acknowledged, the parties
agree as follows:
1. Contractor. Eagle County wili solicit bids for the asphalt overlay'profect and
execute a contract in a form similar to the attached Exhibit "A." A successful bidder must be able
to demonstrate the ability to complete the work within the project budget and provide the
necessary insurance and bond documentation. Eagle County will allow the Edwards Metro
District and opportunity to comment on the selection of the successful bidder prior to execution
of a contract with the same. Eagle County will be the contract administrator and project manager
of the overlay project.
2. Cost of the Work. Eagle County will review for accuracy all payment
applications and forward the same to the Edwards Metro District within seven (7) days of receipt
from the contractor. The Edwards Metro District will pay proper payment applications within
fourteen (14) days of receipt from Eagle County up to the $40,000.00 budgeted amount or
contract limit, whichever is lower. In the event the Edwards Metro District has not timely paid a
proper payment application, Eagle County may pay the same and be reimbursed by the Edwards
Metro District.
3. Term. Edwards Metro agrees to pay for the cost of the overlay pursuant to
Exhibit "A" through December 31, 2005, unless earlier terminated as provided herein.
4. Appropriations Required. Edwards Metro District agrees that the amount set forth
in paragraph 2 above has been budgeted and appropriated for this overlay project. The parties
hereto agree that this Agreement is contingent upon all funds necessary for the performance of
this Agreement being budgeted, appropriated and otherwise made available. It is expressly
understood that any financial obligations that may arise hereunder, whether direct or contingent,
shall only extend to payment of monies duly and lawfully appropriated by the governing body of
either party. Should any of the parties fail to undertake the project because necessary funds have
not been budgeted or duly appropriated, this Agreement may be terminated by either party.
5. Notices. Any notices, demands or other communications required or permitted to
be given hereunder shall be given in writing, delivered personally or sent by first class mail,
postage prepaid, addressed to the parties at the addresses set forth below or at such other address
as either party may hereafter designate by written notice to the other party given in accordance
herewith.
Eagle County: ECO Trails
PO Box 1070
3289 Cooley Mesa Road
Gypsum, CO 81637 .." -, -".. ..... .
With a copy to:
Eagle County Attorney's Office
500 Broadway
P.O. Box 850
Eagle, Colorado 81631
Edwards Metro District:
Edwards Metropolitan District
c/o Robertson and Marchetti P.C.
P.O. Box 600
Edwards, Colorado 81632
Notice will deemed given on the date of delivery or three business days after
deposit in a U. S. Postal Service depository.
6. Severability. It is understood and agreed by the Parties hereto that if any part,
term or provision ofthis Agreement is held by a court of competent jurisdiction to be illegal or in
conflict with any federal laws or any law of the State of Colorado, the validity of the remaining
portions or provisions shall not be affected, and the rights and obligations of the Parties shall be
construed and enforced as if the Agreement did not contain the particular part, term or provisions
held to be invalid.
7. Integration. This Agreement is intended as the complete integration of all
understandings between the parties and constitutes the entire Agreement between the parties
hereto. No prior or contemporaneous addition, deletion or other amendment shall have any force
of effect, unless embodied herein in writing.
8. Termination. This Agreement may be terminated by any party, with or without
cause, upon 30-days notice given by the terminating party. Upon such termination, the Edwards
Metro District shall pay for the costs ofthe overlay project up to the termination date.
9. Modification. Modification or waiver of this Agreement or of any covenant,
condition, or provision herein contained shall not be valid unless in writing and duly executed by
the parties herein.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above
written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: B07~;JNTY COMMISSIONERS
By: ,,(!L
to Am M. Menconi
County Commissioners Chairman
EDWARDS METROPOLITAN DISTRICT,
ATTEST: By and Thror Its BO OF DIRECTORS
By: V
Da idD. La
President of the Board
Exhibit "A"
AGREEMENT
THIS AGREEMENT is dated as of the day of , in the year 2005 by and
between
Board of County Commissioners
Eagle County, Colorado
(hereinafter called OWNER)
and
B & B Excavating
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration ofthe mutual covenants set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work,
the West Edwards Trail Overlay Project, is generally described as follows:
Two (2) inch asphalt overlay of the ten (10) foot wide asphalt trail located on the south side
Highway 6 in Edwards.
ARTICLE 2 - CONTRACT TIME
3.1 CONTRACTOR agrees that work will be completed on or before July 15, 2005, and ready for final
payment. CONTRACTOR will give OWNER two weeks notice of work start and finish date.
3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is ofthe
essence of this Agreement and that OWNER will suffer financial loss if the work is not
substantially complete within the time specified in paragraph 3.1 above, plus anyexten-
sions thereof allowed in accordance with Article 7 of the General Conditions. They
also recognize the delays, expense, and difficulties involved in proving a legal or arbitration
proceeding the actual loss suffered by OWNER if the work is not substantially complete on time.
Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
Agreement Page 1
OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time
Specified in paragraph 3.1 for substantial completion until the work is substantially
complete.
ARTICLE 4 - CONTRACT PRICE
4.1 The funds appropriated for this project are equal to or in excess of the contract amount. OWNER
shall pay CONTRACTOR for performance ofthe work in accordance with the Contract Documents in
current funds as follows:
2005 WEST EDWARDS TRAIL PAVEMENT OVERLAY
Section 1: Two (2) inch asphalt overlay often (10) foot wide asphalt trail for +/-3,878 linear
feet on the south side Highway 6 from Lake Creek Road to south entrance
driveway of Eagle River Mobile Home Park.
Description Oty Unit Unit price Amount
Bituminous Pavement (CX) +/-474 Ton $42.00 $19,908.00
+/- 3,878 feet x 10'wide x 2",
Compacted to 95% maximum
density
Emulsified asphalt (tack)
diluted material
(CCS-lh or SS-lh) +/-431 Gal $1.50 $646.50
Class 6 Aggregate Base Course
laid 2" deep on the l' shoulders
on each side oftrail, compacted +/-95 Tons $31.60 $3,002.00
to 95% maximum density
Materials sampling, testing,
and inspection. 1 Lump sum $865.00 $865.00
Construction zone
traffic control for trail and
adjacent roadway/driveways 1 Lump sum $880.00 $880.00
Agreement Page 2
Sub-Total Section 1 $25,301.50
Section 2: An additional, two (2) inch asphalt overlay often (10) foot wide asphalt trail on
south side Highway 6 from entrance into Edwards Village shopping center west
+/-482 feet to the driveway into the Edwards Emergency Services building
complex.
To Same Specifications
as Section 1 Above +/- 482 Linear Foot $6.53 $3,147.46
Total Contract Price $28,448.96
ARTICLE 5 - PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 19 of the General
Conditions. Applications for Payment will be processed by OWNER as provided in the General
Conditions.
5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payments as provided below.
All progress payments will be on the basis of the progress of the work provided for in paragraph
19 of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to:
90% of the work completed until fifty percent (50%) of the work is performed, after
which no additional retainage shall be withheld, and
90% of materials and equipment not incorporated in the work but delivered and
suitably stored, less in each case the aggregate of payments previously made.
5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General
Conditions, OWNER shall pay the remainder of the Contract Price as provided in the General
Conditions. The final payment shall not be made until after final settlement of this contract has
been duly advertised at least ten days prior to such final payment by publication of notice thereof
at least twice in a public newspaper of general circulation published in Eagle County, and the
Board of County Commissioners has held a public hearing, thereupon and complied with the
Revised Statutes 1973, Section 38-26-107 as amended. Final payment shall be made in
accordance with the requirements of aforesaid statute.
Agreement Page 3
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, work, locality, and with all local conditions, and federal, state, and local
laws, ordinances, rules and regulations that in any manner may affect cost, progress, or
performance ofthe work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost,
progress, or performance of the work which were relied upon by OWNER in the
preparation of the Contractor Documents.
6.3 CONTRACTOR has made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data in addition to those referred to in
paragraph 6.2 as he deems necessary for the performance of the work at the Contract
Price, within the Contract Time, and in accordance with other terms and conditions of
the Contract Documents; and no additional examinations, investigations, tests, reports,
or similar data are, or will be required by CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the Contract
Documents.
6.5 CONTRACTOR has given OWNER written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereofby OWNER is acceptable to CONTRACTOR.
ARTICLE 7 - CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement, made a part hereof, and consist
ofthe following:
7.1 This Agreement (pages 1 to 6, inclusive).
7.2 Invitation to Bid consisting of 1 page.
Agreement Page 4
7.3 Instructions to Bidders (Pages 1 to 6, inclusive).
7.4 Performance and other Bonds, identified as exhibits , and consisting of
pages.
7.5 Notice of Award, Notice to Proceed.
7.6 General Conditions (Pages 1 to 9, inclusive).
7.7 Specifications and Notes, Page 7 of Bid Form
7.8 Addenda number , inclusive.
7.9 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages _ to
_, inclusive).
7.10 Any modification, including Change Orders, duly delivered after execution of
Agreement.
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended, or repealed as described in the General Conditions.
ARTICLE 8 - MISCELLANEOUS
8.1 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
8.2 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and
legal representatives to the other party hereto, in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
8.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding
the interpretation of this Agreement, or the obligations, duties or rights of the parties
hereunder, or if suit otherwise is brought to recover damages for breach of this
Agreement, or an action be brought for injunction or specific performance, then and in
Agreement Page 5
such events, the prevailing party shall recover all reasonable costs incurred with regard
to such litigation, including reasonable attorney's fees.
8.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of
Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or
in connection with this Agreement shall be exclusive in Eagle County, Colorado.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR, or by ENGINEER on their behalf.
This Agreement will be effective on ,2005.
OWNER: Eagle County Board of CONTRACTOR:
County Commissioners
BY: BY:
Am M.Menconi, Chairman
(CORPORATE SEAL)
ATTEST ATTEST:
Address for giving notices: Address for giving notices:
Eagle County Board of Oldcastle SW Group, Inc.
County Commissioners d.b.a. B & B Excavating
P.O. Box 850 P.O. Box 1729
Eagle, Colorado 81631 Edwards, CO 81632
--Agreement Page 6
