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AGENDA ITEM SUMMARY
REGULAR MEETING DATE:
8/7/2007
AGENDA ITEM TITLE: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING
THE APPROVAL AND EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY
STAFF RESPONSIBLE: GR Fielding, PE County Engineer
SUMMARY OF ISSUE:
This Intergovernmental Agreement (IGA) between the City of Aspen and Pitkin County
(Governments) spells out the terms, conditions and responsibilities of the Governments
regarding the administration of the construction of the Red Mountain Water Line for the City
of Aspen during the Red Mountain Road Reconstruction Project.
BACKGROUND:
This issue was brought in front of both the BOCC and Aspen City Council at the last joint
meeting and direction was to complete an Intergovernmental Agreement. The City of Aspen
has been considering replacing a section of a water line on Red Mountain Road for the past
couple of years. With the County rebuilding the roadway this summer, it afforded both the
City of Aspen and Pitkin County the opportunity to share costs and save money. The Red
Mountain Road Project was bid in December with bid items to complete the water line.
Construction commenced in April with a completion date of October 15, 2007. The project
is approximately 60% complete. The IGA was signed by The City of Aspen in June.
KEY DISCUSSION ITEMS:
This is an excellent opportunity for continued project coordination between governmental
agencies. Staff looks forward to answering any questions the Board of County
Commissioners may have regarding the IGA, Resolution, or water line work.
RECOMMENDED BOCC ACTION:
Approve resolution at first reading and set for Public Hearing on August 22.
Attachments:
Proposed Resolution
IGA
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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. -2007
I. The County and City of Aspen have worked together to include replacing the City of
Aspen Water Line during construction of the 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 of the 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.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
Jeanette Jones
Deputy County Clerk
By:
Michael M. Owsley, Chair
Date:
APPROVED AS TO FORM:
I
John Ely, County Attorney
MANAGER APPROVAL:
Hilary Fletcher, County Manager
2
RESOLUTION # d:Ji
(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 contract between the City of
Asp~ 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 1
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
MOWltain Waterline replacement, a copy of which is annexed hereto and incorporated 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:? ("'--€.- /:/ dOo7-
1/
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of olution adopted bLthe City Council of the City of Aspen,
Colorado, at a meeting hel . I ~r-
~~~~ct:4
INTERGOVERNMENTAL AGREEMENT
Concerning City of Aspen Water Line and R.ed Mountain Road Construction
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreemenr) is made this _ day of
. 2007 by and between the Board of County commissioners of Pitkin County Colorado,
whose address is 530 East MaIn St.. Aspen Colorado 8161t (tho "County") and tho 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 fram station 0+27.58 to 218+00,
during tho porlod of Spring 2007 to Fall 2007 (tho .Projoct"). Tho Project Is dopictod 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 PJans").
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 perfonn 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 TO in
January 2006 (the "Waterline P1ans").
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 Reolacement with Proiect. The County and City agree to
coordinate the Waterline Work with the Project as set forth in this Agreement.
2. Performance of Work.. By agreement 01 the parties, the Waterline Wor\< 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 perfonned by the County's general contractor
(currently Aspen Earthmoving) and its subcontractors (COllectively, -Aspen Eanhmoving-)
pursuant to that Contract. The County agrees, subj$d 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 end the Waterline Plans.
3. Desion end ConstnJction Oversiaht. The City of Aspen will undertake all design and
permitting relating to the Waterline Work, and shall have principal responsibility for
construction inspection of the Waterline Work. In the event that the 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 shalf not attempt to
independently control Aspen Earthmoving's work. As between the City and the County,
the County shall retain u"imate authority for determining how work on the Project.
indudlng the Waterline Work, shall progress. In the event of a conflict between the City
and Aspen Earthmoving (or its successors) wtth 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 consistent with the Contract, will not
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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 COf1fIlct between the Waterline Work and
another component of the Ptoject, the County shall determine, in Its sole and absolute
discretion but after consulting wfth the City, how to resolve such conflict.
4. ~. 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.
ti
includi I(J currently estimated Quantities are:
Contract Contract Item UnIt Price Unit Quantity Total
Item.
202-4)0220 RmnoveAsphaltMat S 550 SY \,\52.00 $ 6,336.00
208-00010 Erosion Bales 5 3160 EA 20 $ 652.00
403-4)0720 Hot Bituminous Pavement I 300.00 Ton 13 $ 3,900,00
(patchin,) (Asohalt)
403-348ll\ Hot Bituminous Pavement S 53.&0 Too 336.2 $ 18,087.56
(Grnding SX) (100)
411-4)3352 Asphalt Cement Pedonnance S 640.00 Ton 23 $ 14,720.00
Grade (PG 58-U)
411-10255 Emulsified Asphalt (~nw-setting) S 3.55 GAL 166.53 $ 591.18
626-0??oo Mobilization S 221,000.00 IS 12% $ 26,520.00
627-00001 Pavement Muking Paint S 58.50 GAL 12.3 $ 719.55
630-00000 Flagging I 40.90 HR 600 $ 24,540.00
6l0-OllO1l2 TCS S 490.00 DAY 30 $ 14,700.00
630-80341 C-. Traf. Sign (A) S 140.00 EA 8 $ 1,120.00
630-80342 Const Traf. Sign (B) S 120.00 EA S $ 600.00
630.80360 Dnun Channelizing Device S 36.20 EA 50 $ 1,810.00
630-80363 Drwn CbJnnelizing ne.i" (With S 42.10 EA 18 $ 757.80
Lig!t'XFlashin8)
619- 8"DIPREMOVBANDREPLACE S lS9.oo LF 9% $ 158,364.00
619- 8" GATE VAL VB AND BOX S 1,600.00 EA 7 $ 11,200.00
619- 8" TEE wrrn TB & MI:S $ 230.00 EA 4 $ 920.00
619- 8" BENDS WIl1!TB & ML'S $ 180.00 EA 7 $ 1 260.00
619- FIRE HYDRANf - $ 3,m.00 EA 2 $ 7,020.00
REMOVE&REPLA
619- 8" x 6" REDUCERS S 130.00 EA 4 $ 520.00
619- CONNECTIONS TO EX SYSTEM S 1,830.00 EA 6 $ 10,980.00
619- SERVICE RECONNECI10NS S 3,010.00 EA I $ 3,010.00
619. 6" DIP I 118.00 LF 26 $ 3,068.00
{i19. 6" GATE VALVE ANDBOX I 1,660.00 EA 2 $ 3,320.00
i-.".,,-~~'.';___
The County shall invoice the City from time to time for paymsnts made to Aspsn
Earthmoving thet relate to the Waterline Work. The City shell pay each invoice In full
within 30 days of the date of each invoice.
5. Govemlna law. The laws of the State of Colorado shall govem the validity, performance
and enforcement of this Agreement Should any party institute logal 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. ~. 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 ma~!n writing, effective upon
receipt, and addressed to the parties as follows (or at such olj9r addresses as may be
provided by subsequent notices in accordance with this paragraph):
The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County,
Colorado at its regular meeting held on the _ day of . 2007,
The foregoing Agreement is approved by the Aspen City Council at its regular meeting held on
the day of 2007.
In witness whereof the parties hereto have caused this agreement to be executed as of the day
and year first written.