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
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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:
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(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
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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
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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.
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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.
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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:
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
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4867-2515-1524, v. 2
EXHIBIT A
[ATTACHED]
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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
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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)
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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
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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
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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
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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)
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