HomeMy WebLinkAboutResolution 2017-0019CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 19
Series of 2017
TITLE: A RESOLUTION APPROVING AN AMENDMENT TO
THE INTERGOVERNMENTAL AGREEMENT WITH
THE CITY AND COUNTY OF DENVER REGARDING
DENVER WATER'S ASHLAND RESERVOIR
WHEREAS, City Council approved a Special Use Permit with Denver Water on
September 10, 2012 to allow reconstruction of the Ashland Reservoir on property
located at 2901 Fenton Street which included street improvements to the adjacent
streets; and
WHEREAS, the City and Denver Water have agreed to share the cost of the
improvements; and
WHEREAS, the City is completing construction plans and street specifications
and will oversee construction of those street improvements; and
WHEREAS, the City will be reimbursed by Denver Water for their share of the
street improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, that:
Section 1. Agreement Approved.
The Amendment to the Intergovernmental Agreement with the City and County of
Denver regarding Denver Water's Ashland Reservoir is hereby approved and the Mayor
and City Clerk are authorized and directed to execute the same.
Section 2. This Resolution shall be effective immediately upon adoption.
ATTEST:
AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
REGARDING DENVER WATER'S ASHLAND RESERVOIR
THIS AMENDMENT ("Amendment"), dated this l~ day of 'ZIV~ , 2017, to
the INTERGOVERNMENTAL AGREEMENT ("Agreement"), dated the thirteenth day of
September, 2012, is made and entered into by and between the CITY OF WHEAT RIDGE,
STATE OF COLORADO, a home rule municipality of the State of Colorado (the "City"), and
the CITY AND COUNTY OF DENVER, acting by and through its Board of Water
Commissioners ("Denver Water") a home rule municipality of the State of Colorado, together
referred to as the Parties
RECITALS
1. Denver Water owns and operates its Ashland Reservoir in the City of Wheat
Ridge, Colorado.
2. Denver Water is in the process of replacing and improving its Ashland Reservoir
facilities as described generally in the Agreement (the "Project").
3. The Agreement required that Denver Water undertake certain obligations in the
public rights-of-way of 29th Avenue, Fenton Street, and 30th Avenue as part of the Project.
4. The Parties wish to amend the Agreement to permit the City to complete the
public improvements within the public rights-of-way of 29th Avenue, Fenton Street, and 30th
A venue, to better describe those improvements, and to clarify the financial responsibilities of the
parties with respect thereto.
AMENDMENT
NOW, THEREFORE, for and in consideration of the covenants and conditions set forth
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to amend the Agreement as follows.
• The Parties agree to replace paragraphs l .c.i., ii., and iii. with the following:
i. The City shall be responsible the design, construction, and
construction oversight of public improvements within the public
rights-of-way of291h Avenue, Fenton Street, and 30th Avenue.
11. The costs for the public improvements shall be borne by the parties
as follows:
1) The City shall be responsible for all costs of the improvements
described in subparagraphs iii. and vii.
2) Denver Water shall be responsible for all costs of the
improvements described in subparagraphs v., vi., and viii. (the
"Denver Water Improvements").
m. The City shall be responsible for the costs of any additional
improvements to 29th A venue south of the proposed centerline of
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29th or on 29th Avenue east of Fenton Street and west of Gray
Street. The City shall be responsible for the removal of the traffic
signal at the intersection of 29th Avenue and Fenton Street.
• The Parties agree to add the following to sub-section l .c.:
v. 29th Avenue -Denver Water shall be responsible for the costs for
the following improvements on the north side of 29th A venue
between Fenton and Gray Streets:
1) Asphalt pavement, eleven feet wide, north of the proposed
centerline of 29th A venue; and
2) Concrete curb/gutter, two feet six inches wide; and
3) Landscaped amenity zone, six feet wide, to include seven
trees, bluegrass sod, and irrigation; and
4) Concrete sidewalk, six feet wide; and
5) Concrete driveway, sixteen feet wide, from the street to the
back of sidewalk opposite Gray Street to provide access to
the lower portion of the site.
vi. Fenton Street -Denver Water shall be responsible for the costs for
the following improvements on the west side of Fenton Street
between 29th and 30th Avenues:
1) Paved amenity zone, four feet wide, to include seventeen
trees, tree grates, colored patterned concrete, and irrigation;
and
2) Concrete sidewalk, six feet wide.
vii. Fenton Street -The City shall be responsible for the costs for the
following improvements on the west side of Fenton Street between
29th and 30th Avenues:
1) Concrete curb/gutter, four feet six inches wide, to widen
the street by two feet; and
2) Removal of existing curb/gutter and landscaped amenity
zone.
vm. 30th Avenue -Denver Water shall be responsible for the costs for
the following improvements on the south side of 30th A venue
between Fenton and Gray Streets:
1) Concrete curb/gutter, two feet six inches wide; and
2) Landscaped amenity zone, six feet wide, to include twenty
trees, bluegrass sod, and irrigation; and
3) Concrete sidewalk, six feet wide; and
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4) Concrete driveway, twenty feet wide, from the street to the
back of sidewalk opposite Gray Street to provide access to
the upper portion of the site; and
5) Modification of up to three existing storm sewer manholes
along the south side of 30th Avenue to accommodate the
revised location of the curb/gutter; and
6) Removal of asphalt pavement, approximately six feet wide
to reduce the asphalt width to thirty four feet; and
7) Removal of existing curb/gutter, landscaped amenity zone,
and sidewalk.
1x. Denver Water shall provide the following irrigation mainline
connections to the Project's irrigation system as follows:
1) 29th A venue -1 W' approximately forty five feet west the
southeast property comer of the site; and
2) Fenton Street -1 W' midway between 29th and 30th
A venues and 1 W' approximately thirty five feet south of
the northeast property comer of the site, and;
3) 30th Avenue -1 W' approximately forty feet east of the
northwest property comer and 1 W' approximately fifteen
feet east of the driveway on Fenton Street.
x. Construction plans will be submitted to Denver Water for review
prior to advertisement. Cost estimates will be prepared and
submitted to Denver Water for each of the segments of work at
design milestones and prior to advertisement. The work on each
street will be advertised as separate bid alternatives in order to
track the cost of each segment for comparison with the final cost
estimates, which are attached as Exhibit I.
• The Parties agree to add the following to section 3.:
a. Payment Procedures. The procedure for payment to the City by Denver
Water for the obligations detailed above shall be as follows:
L The City shall submit a requisition and any supporting documentation
required by Denver Water, including but not limited to copies of any
invoices from the contractors previously employed by the City to
construct the Denver Water Improvements, which may be provided
following the procedures set forth in the requisition. The City may
submit requisitions as needed but no more frequently than once each
month.
n. Denver Water shall pay to the City the amounts described therein
within 30 days.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the
Agreement.
ATTEST:
ATTESTED AND APPROVED:
By:
Robert J. Mahoney, Chief Engineering
Officer
APPROVED AS TO FORM:
Office of General Counsel
{SEAL}
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CITY 0 WHEAT RIDGE
(
CITY AND COUNTY OF DENVER,
acting by and through its BOARD OF
WATER COMMISSIONERS
By:
James Lochhead, CEO/ Manager
Date:
REGISTERED AND COUNTERSIGNED
By:
Auditor