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Home My WebLink Aboutresolution.council.048-07 RESOLUTION # .d:f2 (Series of 2007) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND PITKIN COUNTY, COLORADO, FOR RED MOUNTAIN WATERLINE REPLACEMENT, AND SETTING FORTH THE TERMS AND CONDITIONS REGARDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contracl between the City of Aspen, Colorado, and Pitkin County, Colorado, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Pitkin County, Colorado regarding the replacement of the Red Mountain Waterline replacement, a copy of which is annexed hereto and incorporaled herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ / I dOV7-- 1/ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a lrue and accurate copy ofth solution adopted by the City Council of the City of Aspen, Colorado, at a meeting hel '-A..J2 I 4!:or---- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTY, COLORADO AND THE CITY OF ASPEN, COLORADO FOR THE RED MOUNTAIN ROAD WATER LINE RESOLUTION NO. cJ?3 -2007 1. The County and City of Aspen have worked together to include replacing the City of Aspen Water Line during construction ofthe Red Mountain Road Reconstruction Project. In doing so, it has afforded the public some reprieve from multiple projects and has provided some cost savings to both the City of Aspen and Pitkin County. 2. The parties wish to enter into an Intergovernmental Agreement ("IGA") which addresses the conditions and responsibilities of construction of the Red Mountain Road Water Line. This agreement has been attached. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Pitkin County, Colorado that it does hereby approve the Agreement between Pitkin County and the City of Aspen and authorizes the Chairman to sign an agreement in substantially the form as approved by the County Attorney. Copies ofthe Resolution and the Agreement are available in the Clerk and Recorder's Office, 530 East Main Street, Suite 101, Aspen, Colorado. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON August 8, 2007. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON August 12,2007. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON August 22,2007. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN . TIMES WEEKLY ON September 2,2007. B Jean t e Jones Depu County Clerk BOARD OF COUNTY COMMISSIONERS OFPIT COUNTY,CO RADO By: Date: q-I'-O"l ~~ . ~ \ .YL (U.\..r I S ~'" I Ard ' C-f'j roj I , INTERGOVERNMENTAL AGREEMENT Concerning City of Aspen Water Line and Red Mountain Road Construction ",.,( T IS INTERGOVERNMENTAL AGREEMENT (the "Agreemenf') is made this ~~ day of 11'0(, 2007 by and between the Board of County Commissioners of Pitkin County Colorado, whose address is 530 East Main St., Aspen Colorado 81611 (the "County") and the City of Aspen, whose address is 130 South Galena Avenue, Aspen, Colorado 81611 (the "City). RECITALS 1. The County owns Red Mountain Road (the "Road"), which provides access from Red Mountain in unincorporated Pitkin County into the City. The County will be reconstructing portions of the Road, including that portion located from station 0+27.58 to 218+00, during the period of Spring 2007 to Fall 2007 (the "Projecr'). The Project is depicted on and described within, among other things, those certain engineering plans entitled "Red Mountain Road" prepared by Schmueser Gordon Meyer, Inc., Job No. 2005-372, version dated August 28, 2006, as revised April 3, 2007 (the "Project Plans"). 2. The City owns and maintains a water line located within the Road right of way. The City desires to replace the waterline from approximately stations 209+50 to 218+25. The City desires to have the County's contractor on the Project perform the work necessary to replace the waterline (the "Waterline Work") based on unit prices agreed to between the County and Contractor. The plans for the Waterline Work are shown in "Red Mountain Road Water Line and Electrical Replacements" prepared by McLaughlin Rincon L TD in January 2006 (the 'Waterline Plans"). AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. Coordination of Waterline Replacement with Proiect. The County and Cily agree to coordinate the Waterline Work with the Project as set forth in this Agreement. 2. Performance of Work. By agreement of the parties, the Waterline Work was included in the request for proposals, bid, and construction contract (the "Contract") executed for the Project between the County and Aspen Earthmoving, the general contractor for the Project. The Waterline Work shall be performed by the County's general contractor (currently Aspen Earthmoving) and its subcontractors (collectively, "Aspen Earthmoving") pursuant to that Contract. The County agrees, subject to the other provisions of this Agreement, to cooperate with the City and as necessary to communicate City concerns to Aspen Earthmoving to ensure that the Waterline Work is performed in accordance with that Contract and the Waterline Plans. 3. Desian and Construction Oversiaht. The City of Aspen will undertake all design and permitting relating to the Walerline Work, and shall have principal responsibility for construction inspection of the Waterline Work. In the event that lhe City believes changes to the work are necessary to ensure proper construction, it shall communicate such information in full to the County Engineer. The City shall not attempt to independently control Aspen Earthmoving's work. As between the City and the County, the County shall retain ultimate authority for determining how work on the Project, including the Waterline Work, shall progress. In the event of a conflict between the City and Aspen Earthmoving (or its successors) with regard to what is required by the Contract or the Plans, the County shall advocate the City's position so long as the County determines, in its sole discretion, that doing so is consislent with the Contract, will not expose the County to liabilities to Aspen Earthmoving or any other party, and will not result in delays to the Project. In the event of a conflict between the Waterline Work and another component of the Project, the County shall determine, in its sole and absolute discretion but after consulting with the City, how to resolve such conflict. 4. Costs. The City shall reimburse the County for any and all costs pertaining to the Waterline Work included in the County's contract with the Contractor. These line items, includina currentlv estimated auantities, are: Contract Contract Item Unit Price Unit Quantity Total Item # 202-00220 Remove Asphalt Mat $ 5.50 SY 1,152.00 $ 6,336.00 208-00010 Erosion Bales $ 32.60 EA 20 $ 652.00 403-00720 Hot Bituminous Pavement $ 300.00 Ton 13 $ 3,900.00 (patching) (Asphalt) 403-34801 Hot Bituminous Pavement $ 53.80 Ton 336.2 $ 18,087.56 (Grading SX) (100) 411-03352 Asphalt Cement Perfonnance $ 640.00 Ton 23 $ 14,720.00 Grade (pG 58-28) 411 -I 0255 Emulsified Asphalt (sloW-selling) $ 3.55 GAL 166.53 $ 591.18 626-00000 Mobilization $ 22 I ,000.00 LS 12% $ 26,520.00 627-00001 Pavement Marking Paint $ 58.50 GAL 12.3 $ 719.55 630-00000 Flagging $ 40.90 HR 600 $ 24,540.00 630-00002 TCS $ 490.00 DAY 30 $ 14,700.00 630-80341 Cons!. Traf. Sign (A) $ 140.00 EA 8 $ 1,120.00 630-80342 Cons!. Traf. Sign (B) $ 120.00 EA 5 $ 600.00 630-80360 Drum Channelizing Device $ 36.20 EA 50 $ 1,810.00 630-80363 Drum Channelizing Device (With $ 42.10 EA 18 $ 757.80 Light)(FIashing) 619- 8" DIP REMOVE AND REPLACE $ 159.00 LF 996 $ 158,364.00 619- 8" GATE VALVE AND BOX $ 1,600.00 EA 7 $ 11,200.00 619- 8" TEE WITH TB & ML'S $ 230.00 EA 4 $ 920.00 619- 8" BENDS WITH TB & ML'S $ 180.00 EA 7 $ 1,260.00 619- FIRE HYDRANT - $ 3,510.00 EA 2 $ 7,020.00 REMOVE&REPLA 619- 8" x6" REDUCERS $ 130.00 EA 4 $ 520.00 619- CONNECTIONS TO EX SYSTEM $ 1,830.00 EA 6 $ 10,980.00 619- SERVICE RECONNECTIONS $ 3,010.00 EA I $ 3,010.00 619- 6" DIP $ 118.00 LF 26 $ 3,068.00 619- 6" GATE VALVE AND BOX $ 1,660.00 EA 2 $ 3,320.00 The County shall invoice the City from time to time for payments made to Aspen Earthmoving that relate to the Waterline Work. The City shall pay each invoice in full within 30 days of the date of each invoice. 5. Governina law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should any party institute legal suit or action for enforcement of any obligations contained herein, it is agreed that the venue of such suit or action shall be in Pitkin County, Colorado. 6. Authoritv. Each person signing this Agreement represents and warrants that they are fully authorized to enter into and execute this Agreement and to bind the party he represents to the terms and conditions hereof. 7. Notice. All notices required under this Agreement shall be made in writing, effective upon receipt, and addressed to the parties as follows (or at such other addresses as may be provided by subsequent notices in accordance with this paragraph): The foregoing Agreement is approved by the Boa~of Count ~mmissioners of Pitkin County, Colorado at its regular meeting held on the ;)'t) day of , 2007. The foregoing,Agreement 'approved by the Aspen City Councii at its regular meeting held on the / /tfII... day of lAtL.t.- 2007. In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. BOARD OF COUNTY CO OF PlilN COUNTY . , . By:._ . Mict,a I ow~0 B J APPR?YED AS TO ORM By 1-/1'/ Hilary Fletc , County Manager By: John ~ ounty Attorney / ~~--- By: By: