HomeMy WebLinkAboutbocc.packet.04092014.Aspen Highlands Metro DistrictAGENDA ITEM SUMMARY
REGULAR MEETING DATE: April 9, 2014
AGENDA ITEM TITLE: RESOLUTION APPROVING AN INTERGOVERNMENT
AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO AND ASPEN HIGHLANDS COMMERCIAL METROPOLITAN
DISTRICT FOR REHABILITATION OF THUNDERBOWL ROAD AT MAROON CREEK
ROAD AND PROSPECTOR ROAD AT MAROON CREEK ROAD
STAFF RESPONSIBLE: G.R. Fielding
ISSUE STATEMENT: An agreement between the County and Aspen Highlands Commercial
Metropolitan District (AHCMetro) is needed to facilitate the construction to commence in the spring
of 2014.
BACKGROUND: The concrete pavement located at the intersections of Maroon Creek Road at
Aspen Highlands (Thunderbowl Rd and Prospector Way) is in various states of failure. Both
Pitkin County and the AHCMetro hold ownership of the intersection. An economy of scale is to
be had if both parties construct the intersection during the same project. Staff has put together the
project with AHCMetro and consulting from SGM Inc. This project has been awarded to Elam
Construction and is set to begin on April 14. It is planned to have all construction completed by
June 14th, when bus service to the Maroon Bells is scheduled to commence for the summer
season.
LINK TO STRATEGIC PLAN: Flourishing Natural & Built Environment through responsibly
maintained and enhanced County assets and ease of mobility via safe and efficient transportation
systems.
KEY DISCUSSION ITEMS:
• This item was discussed at yesterday's Work Session.
• Does the BOCC support partnership in capital replacement projects
BUDGETARY IMPACT: Funds were allocated for of the projects specifically through the
budget process.
RECOMMENDED BOCC ACTION: Approve the RESOLUTION APPROVING AN
INTERGOVERNMENT AGREEMENT BETWEEN BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO AND ASPEN HIGHLANDS
COMMERCIAL METROPOLITAN DISTRICT FOR REHABILITATION OF
THUNDERBOWL ROAD AT MAROON CREEK ROAD AND PROSPECTOR ROAD AT
MAROON CREEK ROAD
ATTACHMENTS: Resolution, IGA
RESOLUTION APPROVING AN INTERGOVERNMENT AGREEMENT BETWEEN
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AND
ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT
FOR REHABILITATION OF THUNDERBOWL ROAD AT MAROON CREEK
ROAD AND PROSPECTOR ROAD AT MAROON CREEK ROAD
RESOLUTION NO. 2014
WHEREAS, the Parties agree that there is a need for the rehabilitation of the
deterioration of concrete depth and strength associated with the intersections at (1)
Thunderbowl Road and Maroon Creek Road and (2) Prospector Road and Maroon Creek
Road (collectively, the "Project"); and_
WHEREAS, the Parties have agreed to financially participate in the Project
conditioned on adherence to the terms and conditions set forth below; and
WHEREAS, PITCO will act as project manager and cause the Project to be
completed, and
WHEREAS, the Parties, have budgeted capital funding to perform the Project;
and
WHEREAS, the Parties wish to state herein their understanding as to how the
Project will be financed and implemented; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that: (fill in text here)
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 9th
DAY OF APRIL 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE
DAY OF , 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com )
ON THE DAY OF 2014.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE DAY OF , 2014.
1
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY
OF 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones Robert A. Ittner, Jr., Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
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INTERGOVERNMENT AGREEMENT BETWEEN BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY COLORADO AND ASPEN HIGHLANDS
COMMERCIAL METROPOLITAN DISTRICT
FOR REHABILITATION OF THUNDERBOWL ROAD AT MAROON CREEK ROAD
AND PROSPECTOR ROAD AT MAROON CREEK ROAD
This Intergovernmental Agreement (the "Agreement") is made, effective as of this
day of , 2014 (the `Effective Date") by and between the
ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT, a quasi -municipal
corporation and political subdivision of the State of Colorado ("AHMD"), and PITKIN
COUNTY, COLORADO ("PITCO"), hereinafter collectively referred to as the "Parties."
WHEREAS, the Parties are legally empowered under their respective organizational
documents and the laws of the State of Colorado to enter into this Agreement; and
WHEREAS, the Parties agree that there is a need for the rehabilitation of the
deterioration of concrete depth and strength associated with the intersections at (1) Thunderbowl
Road and Maroon Creek Road and (2) Prospector Road and Maroon Creek Road (collectively,
the "Project"); and
WHEREAS, the Parties have agreed to financially participate in the Project conditioned
on adherence to the terms and conditions set forth below; and
and
WHEREAS, PITCO will act as project manager and cause the Project to be completed,
WHEREAS, the Parties, have budgeted capital funding to perform the Project; and
WHEREAS, the Parties wish to state herein their understanding as to how the Project will
be financed and implemented; and
NOW THEREFORE, as full consideration for and in furtherance of the goals and intents
and purposes of this Agreement, the Parties hereby agree as follows;
1. Purpose. The purpose of this Agreement is to memorialize the Parties' agreement
to financially participate in the Project and to establish the process by which participation will be
accomplished. The total costs associated with the Project, including but not limited to design,
acquisition of necessary right-of-way and easements, construction management and construction
(collectively "Estimated Project Costs") are currently estimated at one hundred sixteen thousand
nine hundred Dollars ($116,900). The actual Eligible Costs expended for the Project shall be the
"Actual Project Cost." Eligible Costs shall include payment of contractors, including
consultants, contracted to perform the Project, pursuant to their contracts and shall not include
the overhead or other internal costs and expenditures of any participant. No participant will be
entitled to include in -kind costs for credit or project cost purposes.
2
2. Allocated Shares of Estimated Project Costs. The Estimated Project Costs and
agreed -upon allocated shares of the same, as between the Parties, are set forth below (and are
based upon the detailed description of the same attached hereto as Exhibit A:
Participant
Participant Share of
the Estimated
Project Cost
Percentage of
Project
PITCO
$282,953.60
70.8%
AHMD
$116,913.80
29.2%
TOTAL
$399867.40
100%
If the Actual Project Cost is lower than the Estimated Cost, then each Party shall receive a pro-
rata share of the Project savings based on the percentage of each participants share of the
estimated cost of the project (as shown above) for any lump sum items. If individual quantities,
as delineated as exhibit A are over/under run, those unit prices shall be used. In all other
instances the Parties acknowledge and agree that the above sources and amounts of funds are the
sole and only sources and amounts, and acknowledge and agree that if additional funding sources
or amounts are made available for the Project, then each Party's financial commitment will be
reduced proportionately.
4. Financing.
A. The Parties' obligation to fund their respective contribution shall be
contingent on the award by PITCO of a contract for the completion of the Project to a contractor
following a competitive bidding process and PITCO issuing a notice to proceed to the contractor
selected by the PITCO. PITCO shall provide AHMD with written confirmation that it has
awarded the contract and has issued the notice to proceed to the contractor.
B. Upon satisfaction of the requirements of paragraph 4.A, AHMD and
PITCO shall each contribute the amounts of capital to the overall Project as set forth above in
paragraph 3. PITCO shall deposit funds equal to its share of the Project costs, according to
paragraph 3 of this Agreement, into an account designated for the Project work and draws on this
account to fund PITCO's share of the Project costs shall be made in accordance with the terms of
this Agreement. Within fifteen (15) days following AHMD's receipt of PITCO's confirmation
that it has awarded the contract, AHMD shall deposit its share of the Project Funds into an
account earmarked for the Project (the "Project Fund"). Draws from the Project Fund to pay for
costs associated with the Project shall be made in accordance with the terms of this Agreement,
and shall be made concurrent with draws from the Project fund on a pro rata basis consistent
with the percentages described in paragraph 3, above.
C. PITCO will maintain full and complete records of Actual Project Costs
incurred in accordance with generally accepted accounting principles. AHMD reserves the right
3
to audit the PITCO's financial records related to the Project during and upon completion of the
Project.
D. Should the Actual Project Costs exceed the Estimated Project Costs, each
Party agrees to make available in proportion to the percentages set forth in paragraph 3 above,
such additional funds as are necessary to complete the Project; provided that PITCO shall use its
best efforts to keep the Actual Project Costs within the Estimated Project Costs.
5. Project Implementation.
A. PITCO anticipates that the Project will commence in April of 2014 and be
completed in approximately two (2) months. PITCO will be responsible for all implementation
and oversight of the Project, inclusive of the retention of any necessary consultants and
contractors to perform the work necessary to complete the Project.
B. PITCO shall assure that the Project is completed in accordance with the
applicable laws, rules, and regulations of all governmental entities having proper jurisdiction
over the Project.
C. All invoices for payment of Actual Project Costs, including a final invoice
resulting from the completion of the Project or termination of a contract with the contractor for
the Project, shall require the approval of both Parties. All invoices or other cost documentation
for Actual Project Costs shall be directed to PITCO and PITCO shall distribute them together
with a pay request approved by the PITCO Representative identified in Paragraph 11.A. to the
AHMD Representative identified in Paragraph 11.B. Each pay request submitted by the PITCO
Representative to the AHMD Representative shall be accompanied by: (1) Project invoices or
other documentation of Actual Project Costs; and (2) such other documentation supporting or
explaining the pay request as the PITCO Representative may choose to include in his discretion.
The PITCO Representative may submit pay requests to the AHMD Representative either in hard
copy or electronically (via email). Upon receipt of each pay request, the AHMD Representative
will review the same and provide approval of the pay request or provide comments on the pay
request within eight (8) calendar days. If the AHMD Representative does not provide comment
on the pay request within said eight (8) day review period, the pay request shall be deemed
approved. Following approval of each pay request, AHMD shall immediately cause funds to be
disbursed from the Project Fund to PITCO.
D. PITCO shall keep accurate records of the progress of the Project and shall
provide status reports to the AHMD Representative identified in Paragraph 11.B. on a weekly
basis, including progress updates, notice of any problems with the Project or any consultant,
contractor, or subcontractor and a record of the payments made to any consultant, contractor, or
subcontractor. Said status reports shall include updates to the Actual Project Costs expended and
projected to be expended through Project completion, and any variance from the Estimated
Project Costs, as well as any adjustments to the time schedule for Project completion.
4
E. AHMD shall execute a "Revocable Right Of Way Permit" with PITCO to
memorialize appurtenances of the project to be operated by AHMD but lie with the PITCO
Right -Of -Way.
6. Character of AHMD Role. AHMD will be responsible for working with
PITCO and the Project contractor(s), if and to the extent necessary to facilitate the Project,
including without limitation acting as liaison with the Project area stakeholders such as the Town
of ASPEN and Aspen Skiing Company in order to keep all affected local governments and
private parties appraised of the process, and to receive and convey any feedback to PITCO in
order to resolve any real or perceived issues with the Project's progress. To the extent allowed
by law, the PITCO shall indemnify, save and hold harmless AHMD, its officers, employees and
agents, against any and all claims, damages, liability and court awards, including all costs,
expenses, and attorney fees incurred as a result of any negligent act or omission of PITCO, or its
employees, agents, subcontractors or assignees related to this Agreement or the completion of
the Project.
7. Good Faith and Fair Dealing. PITCO and AHMD agree that PITCO shall have a
fiduciary duty to AHMD in the performance of this Agreement. This fiduciary duty accepted by
PITCO shall include, but not be limited to, the highest duties of good faith, fair dealing,
disclosure of all information to AHMD as described herein, avoidance of conflicts of interest,
and avoidance of the appearance of conflicts of interest in carrying out the goals and objectives
of this Agreement.
8. Insurance. PITCO and AHMD shall insure themselves separately against
liability, loss and damages arising out of the operation of and performance under this Agreement
and the construction, use or operation of the Improvements.
9. Term of Agreement and Termination.
A. This Agreement shall be effective as of the Effective Date identified above
and shall terminate upon the completion and close out of the Project by PITCO, and a final
accounting of the Actual Project Costs being provided by PITCO to AHMD.
B. Either party shall have the right to terminate this Agreement after thirty
(30) days written notice to the other party in the event of a default which is not cured within
twenty (20) days after delivery of the written notice of default. Termination shall not be
effective if reasonable action to cure the breach has been taken by the defaulting party before the
effective date of the termination, and such actions are pursued diligently to a successful
completion within twenty (20) days from inception of the actions. If such actions are not
successful within said period of time, the nondefaulting party shall have the right to terminate
this Agreement upon written notice to the other party.
C. In the event of termination, PITCO shall settle all accounts with the
Project contractor engaged to perform the work necessary to complete the Project, close out the
contract with such contractor and then remit any money recovered from or refunded by
contractor(s) pro rata to the contributors thereof.
5
D. PITCO's obligation to share pro-rata Project cost savings with AHMD,
PITCO's accounting obligations, PITCO's assurance of compliance with applicable laws, and
the PITCO 's preservation of records pertaining to the Project shall survive termination of this
Agreement.
10. Assignment. Neither Party shall have the right or power to assign this
Agreement or parts thereof, or its respective duties, without the express written consent of the
other Party. Any attempt to assign this Agreement or parts hereof in the absence of such written
consent shall be null and void ab initio.
11. Project Management.
A. PITCO Representative. PITCO hereby designates G.R. Fielding as
PITCO's representative to coordinate all communication with AHMD related to the Project,
including issues arising under this Agreement.
B. AHMD Representative. AHMD hereby designates Gary L. Beach as
AHMD's representative to coordinate all communication with PITCO related to the Project,
including issues arising under this Agreement.
12. Miscellaneous.
A. Any Party in default under this Agreement shall pay the reasonable
attorney's fees of the other party incurred in order to enforce its rights under this Agreement.
B. This Agreement shall be construed in accordance with the laws of the
State of Colorado. In the event of any dispute between the parties to this Agreement, the
exclusive venue for dispute resolution shall be the District Court for and in Pitkin Colorado,
Colorado.
D. This Agreement shall inure to the benefit of, and be binding upon the
parties to this Agreement and their respective successors and permitted assigns. This Agreement
is solely between and for the benefit of PITCO and AHMD, and no design consultant, contractor,
any subcontractor nor any other person is a third -party beneficiary to or under this Agreement.
E. This Agreement contains the entire agreement of the Parties with respect
to its subject matter; and it cannot be amended or supplemented except by a writing signed by
both parties. Any amendments or modifications to this Agreement must be in writing executed
by the Parties in order to be valid and binding.
F. No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other of the provisions of this Agreement, nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver
of any default hereunder be deemed a waiver of any subsequent default hereunder.
6
F. PITCO and AHMD are political subdivisions of the State of Colorado and,
as such, (1) any and all financial obligations described hereunder are subject to annual budget
and appropriations requirements, and (2) no consultants, contractors or subcontractors shall have
lien rights against the Parties, nor against any property lying within the boundaries of the Parties
in the event of nonpayment of any amount due under this Agreement.
G. AHMD and PITCO, and their respective elected officials, directors,
officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend
to waive or abrogate by any provision of this Agreement the monetary limitations or any other
rights immunities or protections afforded by the Colorado Governmental Immunity Act, § § 24-
10-101 et seq., C.R.S., as the same may be amended from time to time.
H. No elected official, director, officer, agent or employee of PITCO or
AHMD shall be charged personally or held contractually liable under any term or provision of
this Agreement, or because of any breach thereof or because of its or their execution, approval or
attempted execution of this Agreement.
I. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Capital Project Implementation
Agreement as of the day and year first above written.
ATTEST:
ASPEN HIGHLANDS METROPOLITAN
DISTRICT
Secretary President
ATTEST:
Clerk to the Board of
County Commissioners
COUNTY OF PITKIN, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMIS SIONERS
By:
7
EXHIBIT A
COST SCHEDULE
AHMD SHARE
Project #2013-337.007 Bid Date March 4, 2014
Maroon Creek Road at Aspen Highlands
Elam Construction
Item #
Estimated
Quantity
Unit
Description
Unit Price
Total Price
1
0.2
L.S.
Clearing and Grubbing
900.00
180.00
2
142
L.F.
Removal of Curb and Gutter
17.70
2,513.40
3
S.Y.
Removal of Asphalt Mat
18.60
4
270
S.Y.
Removal of Concrete Pavement
64.90
17,523.00
5
0.2
EACH
Concrete Washout Structure
400.00
80.00
6
1
EACH
Storm Drain Inlet Protection
158.00
158.00
7
2
EACH
Reset Ground Sign
150.00
300.00
8
16
S.Y.
Subgrade Stabilization
70.00
1,120.00
9
65
TON
Aggregate Base Course (Class 6)
56.80
3,692.00
10
TON
Hot Mix Asphalt (Grading SX) (75) (PG 58-28)
150.00
11
S.Y.
Concrete Pavement (6 inch) (Special)
141.00
12
S.Y.
Concrete Pavement (8 inch)
138.00
13
S.Y.
Concrete Pavement (8 inch) (Special)
148
14
276
S.Y.
Concrete Pavement (9 inch) (Special)
244.00
67,344.00
15
S.Y.
Concrete Curb Ramp
182.00
16
S.F.
Detectable Warnings
59.60
17
142
L.F.
Curb and Gutter Type 2 (Section II-B)
49.70
7,057.40
18
L.F.
Curb and Gutter Type 2 (Section I-M) (Special)
52.40
19
0.2
L.S.
Mobilization
20,400.00
4,080.00
20
2
GAL
Epoxy Pavement Marking
894.00
1,788.00
21
0.2
L.S.
Traffic Control Management
35,390.00
7,078.00
23
0.2
F.A.
F/A Minor Contract Revisions
20,000.00
4,000.00
TOTAL
116,913.80
N:\Bid TAbs\Cost Share.xls
UNITS QUANTITY CONTRACT
ITEM#
Bid Schedule
Pitkin County
Maroon Creek Road Intersections at Aspen Highlands Village
Fenntary 26. 2014
DESCRIPTION
UNIT PRICE
LS 1 201.00000 CLEARING & GRUBBING
(Unit Pdce- Words) iC//Mif- fialiogr- fe_s$ 7002"
LF 232 202-00203
(Unit Pdce - Words)
SY 400 202.00220
(Unit Pdce - Words)
SY 1080 202-00210
(Unit Pdce - Words)
EA 1 208.00045
REMOVAL OF CURB AND GUTTER
5,cvEN r4 -tv 00 Lot kt
d _ t/r evry ( n/7$ $
REMOVAL OF ASPHALTMAT
5/4..•/r ew fJaccrA/15
5()ery cervr-5 $
REMOVAL OF CONCRETE PAVEMENT
5/1(1y pact Pot i s
Av //y Ary cer N7
CONCRETE WASHOUT STRUCTURE
$
it
c,
(UnitPrice-Words) ' tc,k re- ryaW,®h'4 AoL4..✓4$
EA 6 208.00050
(Unit Pdce - Words)
EA 4 210-00810
(Unit Pdce - Words)
SY 8.0 304-90000
(Unit Pdce - Words)
TON 305 304-06000
(Unit Pdce - Words)
TON 35 403-34721
(Unit Price - Words)
SY 40 412.00601
(Unit Pdce - Words)
SY 836 412-00800
(Unit Price - Words)
SY 45 412.00801
(Unit Pdce - Words)
SY 278 412-00901
(Unit Poke - Words)
SY 7.6 608-00010
(Unit Price - Words)
SF
9 608-00015
(Unit Pdce - Words)
I7)
STORM DRAIN INLET ,,,,,
RESET GROUND SIGN
ewe- HaN 23 o2..4P
SSl6 GRADE_S-TABILI7$TION.
$
eYENT y !)O4-1._40-3- $
AGGREGATE�-yBASE COURSE (CLASS 6) a
e4-/ir $ 6-b
HOT MIX ASPHALT (GRADII4G SX) (75 (PG 58-28)
CONCRETE FPAVEMENT 6INCH)(COLORED)
p M ' t/LC✓ D fte-P tart
TOTAL
GC:G
$ 100—�
$
hots
7D " $
v� G'Lm
I6-i) " $ 51 2 57?
1t7t1 42
$
CONCRETE PAVEMENT 8INCH
vle, toee /// $ l3S $ I1s—,.368
CONCRETE PAVEMENT 8INCH) COLORED
mItHpFi 4 r )ao Lc Pia-S ° � $
CONCRETE PAVEMENT (9 INCH) (SNOWMELT)
fu Ip Foamy
•c)u
cram
n. A Esley tfr,
•TI«i) D u_ s4 (2 .$
DETECTABLE / NGS
Ne cc -4.4
4A/0 /vr11 c9/gm $
LF 220 609-21020
(Unit Price- Words)
LF 34 609-21013
(Unit Pdce - Words)
LS 1 626-00000
(Lump Sum Pdce - Words)
GA 2 627-00006
(Unit P,ice - Words)
44,
J Q $ 1f 2teSc2
6i svp412-
CURB AND GUTTER TYPE 2 (SECTION iI-B) iy' b
t fe//Y p#t t�q s. p
m/'Q s 't/G-�Isy c�� $ `� $ log �3y ,-
CURB AND GUTTER TYPE 2 (SECTION I-M) (COLORED)
%`- o`ey °� $ 5 $
MOBILIZATION
T f y.4.1%/
EPDXY PAVEMENT MARKING
e/t-er 0, Pro tips /✓/t✓ '7 y
t2 (Are,oa4.4i$-5 $
Bld Schedule
Pitkin County
Maroon Creek Road Intersections at Aspen Highlands Village
February 12, 2014
UNITS QUANTITY CONTRACT DESCRIPTION UNIT PRICE TOTAL
ITEM#
LS 1 630-00000 TRAFFIC CONTE,QL ,...
�Th'lrQT- r—/� /I`r'uusAfi D 4�w °`i
(Unit Price - Words) %W e N/76y"� 2' M4/ 7 y - $ , s' 3 % %j 3 D
TOTAL CONSTRUCTION ITEMS: $ $, ? 7 q., A io? 2-
FA 1 700-70010 FfA MINOR CONTRACT REVISIONS
Submitted by:
(Unit Price - Words) Twenty Thousano $20,000.00 $20,000.00
TOTAL CONSTRUCTION WITH FORCE ACCOUNT ITEMS: S
TOTAL BID: $
Elam Construction, Inc.
Company
556 Struthers, Grand Junction, CO 81501
Submitted by:
Address
bad Bauer, President
Please or print
Date of Bid:
Signature/Tile of Authorized Personne
March 4, 2014