HomeMy WebLinkAboutC22-249 IGA_ERWSD_EV Trail Dowd Junction INTERGOVERNMENTAL AGREEMENT FOR DOWD JUNCTION LIFT STATION 4 AND FORCE MAIN REPLACEMENT AND ECO TRAIL CONNECTION THIS AGREEMENT is made and entered into this on _____________, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, (“District”), and EAGLE COUNTY, a body corporate and politic of the State of Colorado (“County”). 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, Eagle County is a Colorado county created, organized, and operated pursuant to 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, sewer, and storm drainage services and transportation and trail facilities; and WHEREAS, the District wishes to increase the capacity and enhance operation of its sewer mains through construction and completion of the Dowd Junction Lift Station 4 and Force Main Replacement (“Sewer Main Project” or “District Project”); and DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 7/5/2022 2 WHEREAS, County wishes to share in the payment of certain excavation and demolition costs, and costs of the trail extension; and WHEREAS, the Parties wish to share construction costs and set forth responsibilities for future maintenance and operation of the trail which will be constructed in coordination with the new parallel force main lines to achieve cost sharing and cost savings benefits, minimize disruption to the public, and allow the installation of necessary infrastructure. The Parties desire for the District’s Sewer Main Project and County’s transportation infrastructure to be constructed, administered, 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 sharing the costs of the planning, design, construction, inspection, 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. Construction Cost-Sharing. The District and County agree to pay the following respective costs: (a) District financed the construction of the Lift Station and Force Main with approximately $6,858,656.57 from its capital budget, or actual costs associated with the task line items and agreed percentages in Exhibit A and any change orders added to their scope of work per the requirements in section 5 below; (b) County agrees to reimburse District for certain construction costs totaling $3,408,321.73 or actual costs associated with the task line items and agreed percentages in Exhibit A and any change orders added to their scope of work per the requirements in section 5 below. 3. Operations and Maintenance Responsibilities. (a) District. District is responsible for: DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 3 (i) Operations, maintenance, repair, modification, replacement of the sanitary sewer piping, adjacent manholes, insulation, and all appurtenances related to the sanitary sewer piping; (ii) Communication and coordination with County for routine pipeline maintenance activities. (b) County. County is responsible for: (i) Routine maintenance of the trail, including but not limited to: cleaning, sweeping, snow removal, asphalt replacement, signage, handrail/guardrail repair, maintenance, and replacements as needed to keep the trail surface in good condition. 4. Cost Sharing. The District agrees to pay all costs to the contractor for the Project. The District will invoice County for the County’s portion of the work based on work accomplished per the Contractor’s invoices and the value of the work listed. County will reimburse the District for the invoiced work within 30 days. The County represent that they have appropriated sufficient funds to pay in full their obligations hereunder and have adequate present cash reserves pledged irrevocably and held for payments in this and, if necessary, in any future years. 5. 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. Any change orders that arise during construction relating to County’s portions of the Project will be reviewed by District and County construction managers prior to approval. Change order work will be completed by the contractor at contracted unit costs, lump sum costs agreed to in advance, or on a cost-plus basis. County construction managers will review plans and approve change orders in a timely manner. Neither the District nor its contractor will commence any work outside of the contracted items for which it expects reimbursement from the County without the prior approval of County’s Construction Manager. 6. Project Meetings. The District will make a good faith effort to invite a representative of County to meetings concerning the Project, and otherwise provide open communications throughout the Project. 7. Warranties. For any work that County determine does not conform to the Project ordinances or County specifications, or needs to be completed under warranty conditions, County shall notify the District and the District will notify the contractor under the terms of the District’s agreement with the contractor. 8. Release from Liability. The Parties are effecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless from all but gross DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 4 negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize their best efforts in performing all terms of this Agreement. 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 a court of competent jurisdiction in Eagle County, State of Colorado. 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 shall run with the land, 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 District and County, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of District, or County, 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: Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 5 With a Copy to: Allison Ulmer Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Eagle County Kevin Sharkey, Trails Program Manager P.O. Box 850 500 Broadway Eagle, Colorado 81631 With a Copy to: Bryan R. Treu, County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 Any 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 any Party or as to all 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. 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. DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 6 20. Separate Entity Status. In no event shall any P arty, 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, directors, employees, or agents of the indemnifying party and rising out of the performance of 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. DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 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: J. Linn Brooks, General Manager Attest: Connie Nunley, Contract Administrator COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMSSIONERS By: Jeanne McQueeney, Chair Attest: Regina O’Brien, Clerk to the Board of County Commissioners DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE 8 4867-2515-1524, v. 2 EXHIBIT A [ATTACHED] DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20221 Project:Dowd Junction Lift Station 4 and Force Main Replacement Bid Schedule Date:4/20/2022 ITEM #CONTRACT ITEM DESCRIPTION UNIT Approx. UNIT COST COST Quantity GENERAL 1 Mobilization and Demobilization LS 1 $(78,260.00) $78,260.00 per lump sum (unit cost in words) numerals numerals 2 Bonds and Insurance LS 1 $(103,500.00) $103,500.00 per lump sum (unit cost in words) numerals numerals 3 Traffic Control LS 1 $(611,625.00) $611,625.00 per lump sum (unit cost in words) numerals numerals 4 Erosion Control LS 1 $(63,000.00) $63,000.00 per lump sum (unit cost in words) numerals numerals 5 Bypass Pumping (QTY based on Contractor's Schedule) Days 2 $(6,060.00) $12,120.00 per day (unit cost in words) numerals numerals 6 Dewatering (QTY based on Contractor's Schedule) Months 2 $(32,175.00) $64,350.00 per month (unit cost in words) numerals numerals 7 Sanitary Facilities LS 1 $(5,270.00) $5,270.00 per lump sum (unit cost in words) numerals numerals 8 Construction Surveying LS 1 $(42,700.00) $42,700.00 per lump sum (unit cost in words) numerals numerals 9 Site Overhead LS 1 $(734,400.00) $734,400.00 per lump sum (unit cost in words) numerals numerals Package A Lift Station 10 Lift Station LS 1 $(3,733,328.25) $3,733,328.25 per lump sum (unit cost in words) numerals numerals 11 Asphalt Paving (Hwy 24 & Eco Trail) - Package A ONLY SY 2475 $(79.30) $196,267.50 per square yard (unit cost in words) numerals numerals Package B Force Main Exhibit A DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20222 12 Removal and Disposal of Existing Asphalt SY 2050 $(21.00) $43,050.00 per square yard (unit cost in words) numerals numerals 13 Sanitary Sewer Manhole Abandonment EA 2 $(1,340.00) $2,680.00 each (unit cost in words) numerals numerals 14 Cut, Cap and Abandon Existing Sanitary Sewer Sewer Main EA 1 $(2,500.00) $2,500.00 each (unit cost in words) numerals numerals 15 Sanitary Sewer Forcemain Piping LF 3400 $(114.00) $387,600.00 per linear foot (unit cost in words) numerals numerals 16 Sanitary Sewer Forcemain Piping Spare EA 1 $(1,500.00) $1,500.00 each (unit cost in words) numerals numerals 17 Sanitary Sewer Electrofusion Repair Coupling Spares EA 8 $(190.00) $1,520.00 each (unit cost in words) numerals numerals 18 Sanitary Sewer Forcemain Pressure Cleanout Assembly EA 6 $(14,100.00) $84,600.00 each (unit cost in words) numerals numerals 19 Sanitary Sewer Manholes/Vaults EA 1 $(19,990.00) $19,990.00 each (unit cost in words) numerals numerals 20 Sanitary Sewer Forcemain Insulation LF 570 $(130.00) $74,100.00 per linear foot (unit cost in words) numerals numerals 21 Sanitary Sewer System Testing and Flushing LS 1 $(10,200.00) $10,200.00 per lump sum (unit cost in words) numerals numerals 22 Flowable Fill CY 32 $(400.00) $12,800.00 per cubic yard (unit cost in words) numerals numerals 23 Stabilization of Subgrade Soil CY 50 $(110.00) $5,500.00 per cubic yard (unit cost in words) numerals numerals 24 Rock Removal CY 400 $(147.00) $58,800.00 per cubic yard (unit cost in words) numerals numerals 25 Exported Spoils (not including spoils from rock removal) DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20223 CY 100 $(44.00) $4,400.00 per cubic yard (unit cost in words) numerals numerals 26 Temporary Force Main Interconnect LS 1 $(16,230.00) $16,230.00 per lump sum (unit cost in words) numerals numerals Package C Eco Trail 27 Clearing and Grubbing (Trail Only) AC 0.5 $(7,580.00) $3,790.00 per acre (unit cost in words) numerals numerals 28 Removal of Pipe (Force Main) (8 inch) LF 856 $(51.00) $43,656.00 per linear foot (unit cost in words) numerals numerals 29 Removal of 18" PVC Sewer LF 179 $(51.00) $9,129.00 per linear foot (unit cost in words) numerals numerals 30 Removal of Asphalt Mat (Bikeway) SY 75 $(11.50) $862.50 per square yard (unit cost in words) numerals numerals 31 Removal of Asphalt Mat (Planing) - other removal included in Package B SY 363 $(45.00) $16,335.00 per square yard (unit cost in words) numerals numerals 32 Removal of Pavement Marking SF 1892 $(4.30) $8,135.60 per square foot (unit cost in words) numerals numerals 33 Removal of Pedestrian Rail LF 16 $(81.60) $1,305.60 per linear foot (unit cost in words) numerals numerals 34 Removal of Portions of Present Structure (Bridge Curb) LS 1 $(3,600.00) $3,600.00 per lump sum (unit cost in words) numerals numerals 35 Removal of Ground Sign EA 1 $(120.00) $120.00 each (unit cost in words) numerals numerals 36 Removal of Guardrail Type 3 LF 1153 $(14.15) $16,314.95 per linear foot (unit cost in words) numerals numerals 37 Removal of Guardrail Type 7 LF 150 $(50.00) $7,500.00 per linear foot (unit cost in words) numerals numerals 38 Unclassified Excavation (Complete in Place) CY 1250 $(56.00) $70,000.00 DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20224 per cubic yard (unit cost in words) numerals numerals 39 Structure Excavation CY 916 $(63.50) $58,166.00 per cubic yard (unit cost in words) numerals numerals 40 Structure Backfill (Class 1) CY 13 $(117.00) $1,521.00 per cubic yard (unit cost in words) numerals numerals 41 Structure Backfill (Class 2) CY 651 $(108.60) $70,698.60 per cubic yard (unit cost in words) numerals numerals 42 Mechanical Reinforcement of Soil CY 13 $(194.00) $2,522.00 per cubic yard (unit cost in words) numerals numerals 43 Shoring (Area 1) LS 1 $(27,700.00) $27,700.00 per lump sum (unit cost in words) numerals numerals 44 Shoring (Area 2) LS 1 $(144,800.00) $144,800.00 per lump sum (unit cost in words) numerals numerals 45 Topsoil (6-INCH) CY 442 $(111.00) $49,062.00 per cubic yard (unit cost in words) numerals numerals 46 Reset Ground Sign EA 10 $(213.00) $2,130.00 each (unit cost in words) numerals numerals 47 Adjust Manhole EA 1 $(1,665.00) $1,665.00 each (unit cost in words) numerals numerals 48 Seeding (Native) AC 0.6 $(5,315.00) $3,189.00 per acre (unit cost in words) numerals numerals 49 Soil Conditioning AC 0.6 $(8,210.00) $4,926.00 per acre (unit cost in words) numerals numerals 50 Humate LB 120 $(12.00) $1,440.00 per pound (unit cost in words) numerals numerals 51 Bonded Fiber Matrix AC 0.6 $(10,250.00) $6,150.00 per acre (unit cost in words) numerals numerals 52 Extended Landscape Preservation DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20225 LS 1 $(6,100.00) $6,100.00 per lump sum (unit cost in words) numerals numerals 53 Aggregate Base Course (Class 6) Ton 814 $(80.35) $65,404.90 per ton (unit cost in words) numerals numerals 54 Hot Mix Asphalt (Grading SX) (75) (PG 58-28) Ton 915 $(185.50) $169,732.50 per ton (unit cost in words) numerals numerals 55 Micropile (7 inch) EA 4 $(3,840.00) $15,360.00 each (unit cost in words) numerals numerals 56 Verification Test Pile EA 1 $(4,270.00) $4,270.00 each (unit cost in words) numerals numerals 57 Micropile Proof Test EA 1 $(1,830.00) $1,830.00 each (unit cost in words) numerals numerals 58 RipRap (9 inch) Ton 23 $(161.00) $3,703.00 per ton (unit cost in words) numerals numerals 59 Bikway Railing (Steel) LF 1394 $(263.00) $366,622.00 per linear foot (unit cost in words) numerals numerals 60 Concrete Class D (Wall) CY 197 $(1,670.00) $328,990.00 per cubic yard (unit cost in words) numerals numerals 61 Structural Concrete Coating SF 756 $(5.90) $4,460.40 per square foot (unit cost in words) numerals numerals 62 Reinforcing Steel (Epoxy Coated) LB 23595 $(4.20) $99,099.00 per pound (unit cost in words) numerals numerals 63 24" Reinforced Concrete Pipe (Complete in Place) LF 60 $(123.70) $7,422.00 per linear foot (unit cost in words) numerals numerals 64 Culvert Headwall (3-Sided Culvert) (Type 1) LF 3 $(8,200.00) $24,600.00 per linear foot (unit cost in words) numerals numerals 65 Inlet Type 13 (5 Foot) EA 3 $(8,395.00) $25,185.00 each (unit cost in words) numerals numerals DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20226 66 Geocomposite Drain With Pipe SY 107 $(39.00) $4,173.00 per square yard (unit cost in words) numerals numerals 67 Guardrail Type 7 (Style CA) LF 20 $(500.00) $10,000.00 per linear foot (unit cost in words) numerals numerals 68 Guardrail Type 9 - CA (No Grade Difference) LF 488 $(255.00) $124,440.00 per linear foot (unit cost in words) numerals numerals 69 Guardrail Type 9 - CE (With Grade Difference) LF 902 $(427.00) $385,154.00 per linear foot (unit cost in words) numerals numerals 70 Transition Type 3G EA 2 $(6,520.00) $13,040.00 each (unit cost in words) numerals numerals 71 End Anchorage (Flared) EA 1 $(7,050.00) $7,050.00 each (unit cost in words) numerals numerals 72 Guardrail Type 7 (Precast) LF 50 $(125.00) $6,250.00 per linear foot (unit cost in words) numerals numerals 73 Fence (Plastic) LF 591 $(7.50) $4,432.50 per linear foot (unit cost in words) numerals numerals 74 Concrete Thickened Edge LF 1225 $(116.00) $142,100.00 per linear foot (unit cost in words) numerals numerals 75 Concrete Bikeway (6-Inch) SY 1744 $(156.00) $272,064.00 per square yard (unit cost in words) numerals numerals 76 Delineator (Type II) EA 8 $(58.00) $464.00 each (unit cost in words) numerals numerals 77 Light Standard Foundation EA 1 $(13,600.00) $13,600.00 each (unit cost in words) numerals numerals 78 Steel Sign Surface Mount Base Plate (slipbase) EA 7 $(131.00) $917.00 each (unit cost in words) numerals numerals 79 Steel Sign Support (2-inch round)(Post) DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE ERWSD February 10, 2022 Dowd Junction Lift Station 4 and Force Main Replacement 00 31 13b Bid Schedule - 04/20/20227 LF 10 $(600.00) $6,000.00 per linear foot (unit cost in words) numerals numerals 80 Steel Sign Support (2-inch round)(Socket) EA 7 $(445.00) $3,115.00 each (unit cost in words) numerals numerals 81 Thermoplastic Pavement Marking SF 2005 $(3.40) $6,817.00 per square foot (unit cost in words) numerals numerals Base Bid Total Winter Protection ($38,230.00) Escalation & Inflation Contingency ($545,670.00) dollars $ (10,266,978.30) Construction Contingency ($635,674.00) (In Words) DocuSign Envelope ID: 4CE778F4-1A6D-4C62-8C5F-0AC11DDEEFDE