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HomeMy WebLinkAboutresolution.council.015-01 RESOLUTION NO. [5 (SERIES OF 200 ) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A COLLECTION SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND ASPEN CONSOLIDATED SANITATION DISTRICT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a Collection Service Agreement between the City of Aspen, Colorado and Aspen Consolidated Sanitation District, a copy of which is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One i~nat the City Council of the City of Aspen hereby approves that a Collection Service Agreement between the City of Aspen, Colorado, and Aspen Consolidated Sanitation District, regarding the Truscott Affordable Housing Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Agreement on behalf of the City of Aspen. I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that reso?~_adopted by ~e City Council of the City of Aspen, Colorado, at a meeting held~~~. ~ /,~ ,2001. : ~ Kathryn S. K0~h~ City Clerk Aspen Consolidated Sanitation District Sy Kelly * Chairman John Keleher Paul Smith * Treas Frank Loushin Michael Kelly * Secy. COLLECTION SYSTEM AGREEMENT Bruce Matherly, Mgr THIS AGREEMENT is made and entered into this ~ day of ~14~r- , 2001, by and between the ASPEN CONSOLIDATED SANITATION DISTRICT, a quasi-municipal corporation of Pitkln CounBr, Colorado (hereinafter ~he Dlstri~'), and the CITY OF ASPEN (hereinafter "Developer*) for the ASPEN/PITKIN COUNTY HOUSING ALITI-IOR1TY's Trusc0tt Affordable Housha~ Project and for the City of Aspen's Golf and Tennis Club Development. RECITALS: A. Developer is the owner of certain real property located within the District to be developed as the Truscott Affordable Housing Project and the City of Aspen's Golf and ~ennis Club Development, (hereinafter the "Project~). B. District is the owner of an existing wastewater coHectlon and treatment system providing wastewater collection and treatment services to all property owners within the District. C. As part of the Project, the Developer is required to install, al Developers sole expense, an on-site wastewaler collection system to serv/ce the Project (hereinafter the ~Collection System'), re-rou/ing of the Highlands T~mlr l/ne around the Truscott park/ng lot, across Highway 82 and a section of sewer line to serve the Aspen Tenn/s Club Subdivision, and to financially contr/bute on a proportionate basis to the Distr/ct's existing wastewaler collection system [hereinafter "District System Improvements"), which shall be specified in Section Five of this agreement, System Impacts. D. Developer desires to secure wastewaler collection and treatment services from D/str/ct. E. District agrees to provide wastewaler collection and treatment services to Developer, upon the terms and conditions set forth below. F. All obl/gat/ons and conditions pertaining to the "Collection System" shall.also apply to the re-routing of the Highlands Trunk line around the Truscott parking lot, across Highway 82 and a section Of sewer l/ne to serve the Aspen Tennis Club Subdivision, NOW, THEREFORE, in consideration of these premises 'and the promises of each of the part/es as set forth below, it is agreed: 1. Developer's ObliRations. Developer agrees to pay the District all reasonable expenses incurred by District in reta/nLn~ District E~/neer, District Counsel, and such other professionals to be retained by the District in performing work related to consWuction and installation of the Collection System arid review and acceptance thereof by the Distr/ct. Throughout the term of this Agreement, pr/or to the first day of each calendar quarrer~ Developer shall provide the Distr/ct with a schedule of work for the upcoming calendar quarter, from which the Distr/ct shall estimate the amount of money the Developer ~qhall deposit w/th the Distr/ct for review and construction observation of the w~rk scheduled for that quarter. b. Developer shall be responsible for preparation, at Developer's expense, of preliminary designs and cost es~roales of the Collection System for the Project. Not later than fifteen {15) days following execution of th/s Agreement, Developer shall del/ver to the Di~hlct 505 N. Mill St,.Aspen. CO 81611 ['9~0)925-3601 FAX (970,925-2537 the preliminary designs and cost estimates, together with a sum of money to be determined by the District, as payment for review of the preliminary designs and cost estimates by the District Engineer. c. Developer shall notify or advise, in,writing, all i{ecessary local, state; and federal agencies with jur/sdiction over the Project that Developer has submitted pre~imlnary desi4~ns for the Collection System. d. Followir~ review of the prellmi~ary designs and cost estimates, Developer shall prepare final designs, based upon suggested,changes, if any, from the District Engineer. The sot of final demgn plan documents and final cost estimates shall be delivered to the District Engineer at least thirty (30) days prior to the award of any contract for construction and installation of the Collection System. e. Developer shall use only Aspen COnsolidated Sanitation District pre-qualified contractors for construction and installation of the Collection System, If Developer desires to uso a non-qualified contractor, Developer may submit to the District Manager a District pre- qu~liflcation form and a writte~ resume listing the contractoi~s q~liflcatlon to the District Manager for review. The District, in its sole and absolute discretion shall make a determlnalion of the contractor's qufillflcations withl, thirty (30) worlcln~ days after receipt of the contractor's resume and references. f. Developer and its contractor shall be responsible for securing any and all necessary permits and approvals for construction of the on-site Collection System. The District agrees to cooperate with Developer in obtai~i-g all necessary permits and approvals described in the precedi.~ sentence. Any ,and all ~oStS incurred by the District as a result of 'suchcooperation shall be relmbursod to the District by the Developer in accordance with the termsof thig Agreement. Developer and contractor shall be responsible for insuring all work is done in compliance with District rules, regulations, specifications, local ordinances, and state and federal laws, and insuring that such construction work is completed in a ~imely f~shlon. g. Developer shall provide District with a detailed constnlction schedule for all work to be performed and shall meet regularly with the District Engineer to discuss progress of the work, schedule construction obsorvation by the District Engineer, and keep District E~eer informed as to the occurrence of any problems with construction of the Collection System and/or deviation from the approved co~xstruction plans. Within five {5) days of an award of contract, Developer shall notify District of the cost of the contract for installation of the Collection System.. la. It is mutually acknowledged and'understood that Deeeloper shall be solely responsible for all means and methods of construction employed in constructing and inst~illng the Collection System in accordance with the final design plans and specifications approved by the District F~n~neer. i. Developer shall provide copies of all appropriate p~rfornlance, payment and warranty bonds between the Developer and their contractors for all work contemplated by this Agreement. Developer and its contractors shall jointly warrant and ensure that the construction of the Collection System was completed in full. accordance with all applicable local and District specifications, and shall warrant and guarantee the construction work on the. Collection System for a period of two (2) years following conditional acceptance by the District: k. Upon completion of the Collection System and prior to the District issuing notice of ~conditional acceptance" initiating developer's two-year warranty period, the Developer shat1: - (1) provide evidence of satisfactory completion of testing of all manholes and sewer lines and appurtenances thereto;. {2) provide the District with copies of all other applicable tests performed including, without limitation, copies of any and all compaction tests requ/red by approved pl~.s or as required by the District Eng/neer; (3) provide evidence that all 'l~'n~l ~rade adjustments requ/red by the approved plans or requested by Dish'/ct Ev~olneer have been accompl/shed; (4) secure televising and videotapln§ of all Collection System lines, at Developer's expense, tl~rough the District; {5) complete all Contract ~punchHst~ items; (6) ' provide documentation evidenc/ng that oll of Developer's work is covered by performance and ma/r.i, tenance bonds acceptable to the District. Upon provision of the above items by Developer, and-n~)tice thereof to the District, the work shall be deemed 'conditionally accepted=, commencil~ the 2-year warrantlr period. I. Upon completion of the'two~-year warranty period, the District E~4~/neer shall · issue notice of final acceptan?e of the ColleCtion System for ownership and perpetual, maintenance and repedr, provided the followha~ has been completed: (1) submission to the District of fully executed documents conveying to the District all right, title, and interest in and to the Collection System and all appurtenances thereto, except, however, for those .segments deemed the ~pressure system.' Title to and perpetual maintenance, .repair, and replacement responsl'bllity for the pressure system shall remain with Developer and its successors;. (2) prevision of evidence, acceptable to the Distr/ct, that title to an personal property to be conveyed/s free from any and all liens and enc~mbrances; (3) submlss/on to the District of fully exect/ted final amended plat and/or appropriate perpetual easement.documenis con ~' ,ta~ng dedication and conveyance language, usin~ standard D/strict formdts, s~tisfactory tb the District, giving the District the right to gain access for and right to install, maintain, repair, and replace any or all of the Collection System and the right to use portions of the Project as reasonably necessary to conduct the business of the District. {4) provision of evidence acceptable to District that such easements or Other property rights will not be adversely affected by superior hens, mortgages, or other encumbrances; {S) completion of a second televis/ng and v/deotapir~ of the Collection System, to.be performed at Developer's expense, by the D/strict, before the end Of the two-year warranty period; (6) assi/~lment to the District of any and all man/ffacturers' ~{rarranties for parts and mater/als used in construction of the Collect/on System; (7) provision of final ~as-bu/1C drawhags or ~record' draw/r~ consisting of at least one mylar and two bluellne drawings, all'of which shall bear the seal of Registered Professional En/~neer licensed in the State of Colorado; (8) completion of all items, including surface hnprovements and man_holes. Developer shall maintain and repair ail temporary sewer lines and appurtenances thereto~ n. It is mutuatly acknowledged and Understood thnt Developer is inst~lllng Certain storm dra/na~e improvements. Title to and perpetual msintenance, repair, and replacement responsibility fo~ the storm drain~e improvement shall remain ,~ith Developer and its Successors. 2. l)lstrict's ' Oblt~tions. District ~grees to retai~, and make available for plan review, construction observation, document review, and approval, a Professional Engineer who is fomillar with and shall act in accordance with the District's rules, re~,~ulations, specifications, and requirements of wastewater collection Systems {hereinafter ~District Ent~ineer'). Distr/ct shall also reta/n le§al and make available legal counsel (~Distr/ct Counsel') and st/ch other professionals as are necessary to complete work on the Collection System pursuant to the terms of this A/~reement. b. District al~rees to perform ali reviews required under ~als ASredment in a reasonable and thnely fashion. c. District shall msintain all monies paid by Developer pursuant to the terms of tl~s Agreement in an interest-bearin~ account. District reserves the right to prepare a final account/ag of construction costs, Dish'/ct Ent/ineer's fees, and Distr/ct Counsel fees, together with a final accounti~4~ of:all rates, fees, tolls, and char~es ~mposed by the District, ba~s. ed upon the actual costs incurred by the District and the final configuration of the Collection System for the Project. If the actual mount of funds determined by the Distr/ct to be due and owin~ from the Developer exceeds the ~mount previously paid by Developer hereunder, Distr/ct shall b/Il Developer fo~ the 'difference and Developer agrees to pay District said alnoUnt with~ thirty (30) days of receipt of such bill, Any and all ~moUnts of rates, fees, tolls, or charges imposed bythe District pursuant to this Agreement which remain unpaid by Developer or its successors after thirty (30) days fo!lowin~ receipt of a bill therefor shall be deemed a superior perpetual lien upon Developer's Property, pursuant to C.R.S. § 32-1- 1001(j), and subject to fo/'eclosure thereunder. In addition, the Distr/ct reserves any and all rights it may have to certify unpaid rates, fees, tolls, or char~es imposed by the District pursuant to this Agreement; Under the terms of C.R.S § 32-1-1101 (1){e). If the actual amoUnt of funds determined by the District to be due and owh~ from Developer is less than the ~mount pieviously paid by Developer hereunder, the District shall reimburse Developer for the dlt~erence, within tliirty {30} days of issttance of fulal acceptance. It is mutually acknowledged the amount Of funds determlr~ed by the District to be due and owing to the Distr/ct from the Developer pursuant to this Agreement, throughout the performance of this A~reement, are ESTIMATES ONLY. d. Neither the District nor Ddveloper shall' be responsible or deemed to be in default under this A~reement on account of delays in the performance of th/s A~reement due to causes beyond the District's or Developer's control, as the ~ase m~ay be, and not occasioned by their fault or negligence, including, but not limited to, fires~ floods, explosions, earthquakes; serious accidents of third parties; strikes, riots, or insurrections; irreparable damage to sower lines; any act of any government, governmental priorities, acts of God, or other public entity; failure of transportation; quarantine restrictions; or labor troubles causing cessation, slow-downs o~ interruptions of WOrk provided any and all costs are beyond the District's or Developer's control, as the case may be. Any party invoki~4~ the provisions of-this subparagraph (d} shall provide appropriate notice, per paragraph 10 below, to the other party. 8. Service a. Developer shall install all ind~vidusl private service comlections to the Collection system within the Project in accordance with the District's rules and regulations/n effect at the time such connections are made. Total collection fees or other rates, fees, tolls, and Charges of the District for such individual_connections shall be paid in a manner prescribed by the District's rules and regulations. b. Developer shall have the right to install 'stub-outs" for service connections to anyor all lots in the Project, at Developer's expenso: Prior to the time of installation of any stub-out, Developer shall pay to the District forty percent (40%) of the estimated current total connection fee then in effect, for that particular lot, known hereinafter as the ~stub-out fee'. c. When stub-outs.are installed, Developer's ev~eer shall be responsible for establishlnE beth-the stub-out connection point and the point mart-/nE the end of the stub- out, with surveye~i tie-ins for beth points with two (2) swing ties from the nearest permanent feature such as a manhole or fire hydrant. The sorvice line stub-out shall be extended to the individual parcel to be sorved, laid at the proper legal grade to a point identified by the approved plans, and extended above the surface of the-ground and capped for future testin~ and location. The location of all stub-outs shall be field confirmed with the Distr/ct's Engineer prior to covering any such stub-out, and all information relating to the survey tie-ins of the above-referenced stub-out points shall be preserved in plan form on a soparate mylar, to be provided to the District within ninety (90) days of installation of said stub-out. If Developer or its successors elect not to uso a previously installed stub-out: (1) The existing stub-out shall be excavatedand capped off at the District's main. at Developer's or its successor's expense; if this t~.~l~ is not accomplished, the District shall have the riEht,to perform this WOrk, at Developer's or its successors expense and bill Developer or its successor for such work; and (2) Developer ar its successor shall loso the credit of the forty percent (40%) total connectibn charges previously paid and shall pay for a new total connection charge for the residence or Other structtue not 11tili~klg previously installed stub-outs, at the rate in effect at the time the tap is to be made. d. At such time as Developer notilies'the'District that plans have been approved for congtruction of residence or other structure On any particular lot for which a stub-out fee has been paid; the balance of the total'connection fee established byth~ District's rules and regulations shall be due and payable in full. From the time Developer has paid the Dis.~ct the initial portion of, the total connection fee unt/1 the time the balance ofthe total connection fee, as determined pursuant to paragr/tph 3(e) below, is paid in full, prior to issuance of/he building permit for the residence or other structure, Developer or any subsequent owner of a lot shall be responsible for payment of the District's standby fee. e. With respect to those lots where Developer has paid a stub-out fee, the b2]ance of the total'connection fee due at the time the District is notified of plar~ approval shall be b~sed'upon the totai connection fee in effect at the time the building permit for the residence or other structure is to be issued. f. In all other situations, a total connection fee due for any lot shall not be Capped or fixed and the balance shall be compute~l in accordance with District rules and regulations and total COnnection fee rates in effect at the time the balance ofsuch fee is paid. It is mutuall.v acknowledged and understood that Developer shall be responsible for the cost of inst~lllng 8-inch internal d~rneter main coHecti0n lilies within the P~oject's Collection System. b. For any portion of the Collection System which District, in its sole discretion, requires a larger size pipe~ the District shall reimburse or otherwise pay the De~eloper for the difference in cost between an 8-inch pipe size'and the desired larger di~metor pipe size. Reimtiursable costs shall be for the material costs Of the pipe only, which costs shall be derived from at least three competitive I~ids. Written proof of bids and a statement for the actual cost of the oversized pipe installed shall be provided to the District prior to the District becoming responsible for any payments hereunder. The District shall have a reasonable ~ime not to exceed thirty (30) days within which to'make payments, properly billed, hereunder. 5. System lmpaet~., The parties hereto mutually acknowledge Construction of the Collection System for the Project will have impacts upon the District's existing public sslfitary wastev~ter collection system, such impacts shall be addressed by/Developer depositing funds in an account with the District on a proportionate basis. 6. l~t's l~4~tlm~4m. It is mutually acknowledged the amount of funds/nitially determined by the District to be dt/e and owh~4~ to the District from the Developer pursuant to this Agreement, throu~out the performance of the Agreement are estknates made in good faith. 7. Status of Ac~outs. For all accounts established and mahttained by the District pursuant to this Agreement, the District agrees to provide Developer with account statements, showing the status of the funds maintained in said accounts. The part/es mutually acl/novfledge the Distr/ct is a governmental entity and therefore.its financiai statements are subject to the statutbry requirement of an annual audit. The District covenants that it will. direct its auditors, on an annual basis to specifically address the status of all such acqounts by means of a detailed note to the District's ~nnual audit report. 8. Rules and ReRul~ttons. Except to the extent that terms of th/s Agreement are inconsistent therewith; in which case the 'terms of this Agreement shall be deemed controlling, any and all previsions of the District's ru3es, regulations, and specifications regardJ_~ installation of the Collection System, Distr/ct System Improvements connection thereto, and use thereof shall apply ts the Developer, and its agents, independent COntractors,. retated parties, successors and assigns. 9. Indemnity. In consideration of acceptance of th/s Agreement by the District, for any and all work performed by Developer, its agents, independent contractors, joint ventures, Developer, for itself and its successors and ass/gns, h. ereby agrees W indemnify, defend, and hold harmless the District, its agents, employees, engineers, and attorneys, from any and all claims for d~mages to persons or property ari~g from construction work and activities performed by Developer pursuant to this Agreement to the extent provided for by law. 10. Noti~e~. All noiices, requests, and other commurdcations hereunder shall be in wr/tin~ and shall be deemed to have been duly g/ven upon delivery thereof, by hand, to the appropr/ate addresses hereina~er set forth, as evidenced by a s/gned receipt for same; or as of the second business day after w~llr~g, by United States certified mail, return receipt requested, postage prepaid~ addressed as follow~: (a) To Developer: City of Aspen 130 S. Galena ~t. Aspen, CO 81611 With a copy to: John Worcester, City Attorney City of Asian 130 S. Galena St. Aspon, CO 81611 {b) To District: ASPEN CONSOLIDATED SANITATION DISTRICT · 565 N. Mm ~t. Aspen, CO 81611 With a copy to: Robert Tibbals, Jr,, Esq. Greenwood Executive Park, Building 7, Suite 302 En~lewood, CO 80111 11. Assignment/Transfer. In the event Developer ass/~ns or transfers its interest in the Project pr/or to the completion of all the ~ork referred to above, Developer shall provide wr/tten notice to the ]District thereof and be forever and finally released and discharged from any furthe.r hability oc 0bliEation under this Asreement and the Distr/ct asrees to look solely to the assignee for the performance of all covenants, obi/Eat/ohs, terms and cond/t/ons and for any breach thereof. 12. MiscellaneOus. (a) Governl*~ Law, This a~reement shall be subject to ,and construed in accordance w/th the laws of the State of Colorado. {b) Entire fl'~Fe~ent. This A~eement covt~ins the ent/re understandin~ and asreement between the parties herein with respect to the transactions contemplated hereunder and may be altered and amended from t/me to t~me only by a wr/tten instrument executed by each of the parties hereW. (c) .Further Acts. Each of the parties aEree to execute, acknowledEe, and deliver such further instruments, doc~lments, or certificates and do all th~s and acts as the ot~er party may reasonably require in order to carry out the in~entions of this A~reement and the ~ransactions contemplated hereby. (d), Attorney's Fees. In the event of any action for breach of, or to enforce the provisions of, or otherwise involving flus Agreement, tlhe court ha such action shall award a reasonable sum as attorneys' fees to the parly who, ha light of the issues lit/gated and the court's decision on those issues, is the prevaillrl~ ~ in such action. (e) Bi~a~ Agreement. This Agreement shall be binding upon and inure to the benefit of the part/es hereto and their respective successors, assil~ls, heirs, personal representatives, and any entities resulting from reorganization, consolidation, or merger of any party hereto. IN ,WITNESS WHEREOF, the parties hereto have executed this A~reement the day and year first above written. ASPEN CONSOLIDATED SANITATION DISTRI'CT Attest: Title/ -' -- ~ Title STATE OF COLORADO ) ) ss: COUNTY OF PITI/IN ) ~z- The foregohag/nstrument was acknowledged,, subscr/bed, and,sworn to before me th/s G'C~'dayof /,.~¢,'1~c~¢¢-- ,20o(,by ff..,ffa?_,c~,.-/ as ~f~ccqT--_~-J _ andby ~-,¢~Cc ~- Cc~7~ as .~/~c¢-C~r-~L~7~ oftheASPEN · CONSOLIDA~,~'..E_D S.,~I'{ITATION DISTRICT. _.~"~ -"'-%:4 ~I~' · ~' O~ C ~': · City of Aspen STATE OF COLORADO ) ) COUNTY OF PITKIN ) · //-/,4' The f6rego/ng instrument was acknowledged, subscr~.bed, and sWo. rn to before me this of C~ [ ~ i '_ - c.) ·