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HomeMy WebLinkAboutOrdinance-1989-0809INTRODUCED BY COUNCILMEMBER MERKL Ordinance No. 809 Series of 1989 TITLE: AN ORDINANCE REPEALING ORDINANCE NO. 784, SERIES OF 1989 AND APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND THE CITY OF LAKEWOOD, COLORADO, RELATING TO THE DESIGN AND CONSTRUCTION OF WEST 32ND AVENUE. WHEREAS, the City Council of the City of Wheat Ridge has, on May 27, 1989, adopted ordinance No. 784, Series of 1989, approving an Intergovernmental Agreement between the cities of Wheat Ridge and Lakewood, Colorado, relating to the design and construction of West 32nd Avenue as a joint project; WHEREAS, the City of Lakewood, acting by and through its City council, imposed additional conditions upon said Intergovernmental Agreement which require the amendment of same by the City Council of the City of Wheat Ridge; WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge authorizes the City Council, either by resolution or by ordinance, to enter into contracts or agreements with other governmental units for the provision of governmental services; WHEREAS, the cities of Wheat Ridge and Lakewood share a common boundary for portions of West 32nd Avenue, which street the cities have agreed to reconstruct in a joint project; WHEREAS, the City Council of the City of Wheat Ridge wishes to adopt the Intergovernmental Agreement attached hereto by ordinance, rather than resolution, so as to assure that no change in the approved design or configuration of said street may be made except upon adoption of an ordinance amending a said intergovernmental agreement, which amendment could come only after advertised public hearing; WHEREAS, the City Council of the City of Wheat Ridge wishes to adopt the within ordinance in total supersession of ordinance No. 784, Series of 1989; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Ordinance No. 784, Series of 1989, is hereby repealed in its entirety. Section 2. The amended Intergovernmental Agreement between the City of Lakewood, Colorado and the City of Wheat Ridge, Colorado, which is attached hereto and expressly incorporated herein is hereby ratified and approved. The Mayor and City Clerk are hereby authorized to execute said Intergovernmental Agreement as attached hereto. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the property legislative object sought to be attained. Section 5. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 25th day of September , 1989, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for October 9 , 1989, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 9th day of October . 1989. SIGNED by the Mayor on this 10th day of October , 1989. ,C9r Dan Wilde, Mayor ATTEST: r Wanda sang, City Clerk 2 APPROVED AS TO FORM BY OFFICE OF-gITY'ATTORNEY John. Hayes, ity torney 1st Publication: September 28, 1989 2nd Publication: October 12, 1989 Wheat Ridge Sentinel: Effective Date: October 27, 1989 3 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT made and executed this day of 1989, by and between the City of Lakewood, Colorado, a Colorado home rule municipal corporation (hereinafter referred to as "Lakewood") and the City of Wheat Ridge, Colorado, a Colorado home rule municipal corporation (hereinafter referred to as 'Wheat Ridge"). WITNESSETH: WHEREAS, both Cities party hereto are home rule municipal corporations situated within the County of Jefferson, State of Colorado, through, and at the boundary between, which Cities traverses West 32nd Avenue, a dedicated, improved public street and thoroughfare; WHEREAS, the Cities own and maintain said West 32nd Avenue within their respective boundaries; WHEREAS, West 32nd Avenue, between Kipling Street and Youngfield, affects, and is used by, residents of each City in their normal day-to-day activities; WHEREAS, West 32nd Avenue is in need of reconstruction and repair in order to improve the driving surface, as well as to provide for vehicular, pedestrian, and bicyclers' safety; WHEREAS, the Comprehensive Development Plan of the City of Wheat Ridge designates West 32nd Avenue as a Collector Street; WHEREAS, the MAJOR STREET Plan of the City of Lakewood designates West 32nd Avenue as a Major Collector Street; WHEREAS, Wheat Ridge and Lakewood have jointly submitted an application to the Denver Regional Council of Governments (DRCOG) for joint award of a Federal Aid Urban Systems (FAUS) grant to cover the partial costs of improvement and reconstruction of West 32nd Avenue; 3960T WHEREAS, after review of the joint proposal described above as well as all other proposals submitted by other Denver metropolitan area communities, DRCOG has awarded $821,340.00 to the Cities of Wheat Ridge and Lakewood to construct said West 32nd Avenue project from Simms Street SOUTH OF 32ND to Kipling Street (hereinafter referred to as the grant area); WHEREAS, public hearings have been held before the Wheat Ridge City Council relating to approval of design and authorization of construction of said project, at the last of which, on September 12, 1988, a design presented by a Citizens Task Force was approved for said design and construction; WHEREAS, an integral and vital consideration of said Task Force recommendation, and a condition attached to City Council approval of said design, was the establishment of two through lanes (one eastbound, one westbound) with one center turn lane, and the assurance that said design and lane designation not be modified without a public hearing held to consider said design change. A PUBLIC HEARING TO CONSIDER CHANGING THE PAVEMENT MARKINGS TO ALLOW 4 THROUGH LANES CANNOT BE INITIATED UNLESS THE AVERAGE DAILY TRAFFIC BETWEEN MORNINGSIDE DRIVE AND WARD ROAD EXCEEDS 12,000 VEHICLES PER DAY; WHEREAS, the Cities wish to set forth herein their agreement regarding the division of costs and responsibilities in connection with said West 32nd Avenue reconstruction; WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge requires that Intergovernmental Agreements be approved by resolution or by ordinance; NOW, THEREFORE, for themselves, their successors, and assigns, the parties, based upon the mutual covenants and agreements set forth herein, do hereby agree as follows: The West 32nd Avenue reconstruction between Ward Road and Morningside Drive shall be designed and built in accordance with the "32nd Avenue Typical 3960T Section" which is attached hereto as lig4li EXHIBIT A. Additionally, said project shall be designed to include adequate landscaping, signage and lighting improvements, with turn lanes appropriately located relative to street intersections. 2. Between Ward Road and Morningside Drive the width and number of lanes (two through lanes and one turn lane) as shown on the "Typical Section" shall not be modified unless and until this Intergovernmental Agreement is amended by the City Council of each City utilizing the same degree of formality used to approve or adopt this Intergovernmental Agreement initially (i.e. if approved by ordinance, amendment may be only by ordinance; if approved by resolution, amendment may be only by resolution). 3. Cost Allocation. Based upon a total estimated project cost of $2,481,340.00, the allocation of cost to complete the entire West 32nd Avenue project FROM YOUNGFIELD TO KIPLING shall be as follows: Wheat Ridge $1,234,000.00 Lakewood $426,000.00 FAUS grant $821,340.00 PROJECT TOTAL $2,481,340.00 It is understood and agreed that FAUS grant shall be utilized only within the grant area, being between YHA11s6(MY1X0g'1,6f Simms Street SOUTH OF 32ND and Kipling Street. The contribution of Lakewood is based upon the percentage of the total frontage abutting West 32nd Avenue which is within Lakewood, being seventeen percent (178) of the abutting frontage between Youngfield Street and Ne/~4(~rf✓/Y~~/6X Simms SOUTH OF 32ND, and thirty-eight percent (388) of the abutting frontage from yf//~p"ut!(X/11~,E3//~X Simms SOUTH OF 32ND to Kipling. LAKEWOOD'S CONTRIBUTION SHALL NOT EXCEED A MAXIMUM OF $426,000.00 FOR THE TOTAL PROJECT FROM YOUNGFIELD TO KIPLING. COSTS IN EXCESS OF THE ESTIMATED PROJECT COST OF $2,481,340.00 SHALL BE BORNE BY WHEAT RIDGE. Costs incurred as a result of billings from the Colorado Department of Highways for ONLY the FAUS grant area shall be shared by the Cities according to the proportions stated in the preceding paragraph. Wheat Ridge shall enter an Intergovernmental Agreement with the Colorado Department of Highways (CDOH) 3960T for costs incurred by CDOH associated with this project. Lakewood will in turn reimburse Wheat Ridge for 388 of the costs incurred by CDOH AND SUCH COSTS ARE INCLUDED IN LAKEWOOD'S TOTAL PROJECT MAXIMUM CONTRIBUTION OF $426,000.00. The cost of any and all pedestrian signals which are included in the project area shall be equally divided AND LAKEWOOD'S COSTS ARE INCLUDED IN THE TOTAL PROJECT MAXIMUM CONTRIBUTION FROM LAKEWOOD OF $426,000.00. The parties agree that funds for 32nd Avenue shall be budgeted and available during fiscal 1989. Payment for the FAUS grant area shall be made by Lakewood within thirty (30) days upon notification from Wheat Ridge. Notification from Wheat Ridge shall be in the form of a copy of the project billing as received from CDOH. Lakewood will reimburse Wheat Ridge for Lakewood's portion of each monthly billing AND SUCH REIMBURSEMENT IS INCLUDED IN THE TOTAL MAXIMUM CONTRIBUTION FROM LAKEWOOD OF $426,000.00. Payment for Lakewood's share of construction costs outside the grant area will be made within thirty (30) days upon notification from Wheat Ridge. Notification from Wheat Ridge shall be in the form of a copy of the approved monthly pay estimate prepared by Wheat Ridge for the contractor. Lakewood will reimburse Wheat Ridge for 178 of each monthly contractor pay estimate. LAKEWOOD SHALL PROVIDE MATERIALS TESTING SERVICES THROUGH A SUBCONSULTANT FOR THE ENTIRE PROJECT AT NO COST TO WHEAT RIDGE. THE WHEAT RIDGE INSPECTOR IN CHARGE OF CONSTRUCTION WILL HAVE AUTHORITY TO DIRECT LAKEWOOD'S SUBCONSULTANT TO OBTAIN MATERIAL TESTS AT THE SPECIFIED INTERVALS. Notwithstanding the foregoing, no funds in excess of those specified in this 0Afd4JA0X AGREEMENT have been appropriated by either City. Unless and until such further appropriation is made, no person, party, contractor, or any person or entity claiming thereunder, has any claim, nor may make any claim, upon any additional monies from any source within either City. 4. Design/Construction Contract Bidding, Awarding, and Monitoring/inspection. The City of Wheat Ridge, acting by and through its 3960T Department of Public Works and any agents or subcontractors retained thereby, shall be THE PROJECT MANAGER responsible for design of the project, preparation of all contracts, contract documents, bidding packages and materials, awarding of the contract, and monitoring and construction observation of the project IT BEING UNDERSTOOD THAT ALL WHEAT RIDGE STAFF TIME UTILIZED, OR COSTS INCURRED BY WHEAT RIDGE, SHALL BE AT THE SOLE COST AND EXPENSE OF WHEAT RIDGE. Lakewood shall be consulted in all phases of these activities, it being understood that any LAKEWOOD staff time utilized, or costs incurred BY LAKEWOOD, in reviewing designs, contracts, or specifications, or observing construction activities, shall be at the sole cost and expense of Lakewood. Notwithstanding the foregoing, it is understood that preparation of contract documents, bid packages and materials, award of the contract and construction observation or inspection within the FAUS grant area shall be accomplished by the Department of Highways of the State of Colorado. 5. Right-of-Way Acquisition. The parties acknowledge that all right-of-way acquisition within the respective Cities shall be handled by the City within which said property to be acquired is situate. Acquisition of any property within the grant area shall be accomplished pursuant to Federal Highway Guidelines and Requirements. 6. Utility Relocation. The parties acknowledge that any utility relocation accomplished within the respective Cities shall be handled by the City within which said utility is to be relocated. 7. Maintenance. The parties agree to maintain those portions of West 32nd Avenue within their respective jurisdiction. If the Cities should desire at some point in the future to modify said maintenance responsibilities, the parties may so agree in writing or by appropriate agreement. 8. Effective Date. This Intergovernmental Agreement shall be effective only upon $Aj6OXX16~ APPROVAL by the City Councils of the respective Cities by ordinance or resolution in the discretion of the respective Cities. 3960T 9. Subject to the provisions of paragraph 2 hereof, this Agreement may be amended only in a writing signed by the Mayor of each City after approval of said amendment by the City Council of each City. 10. LIABILITY. EACH PARTY HERETO SHALL BE RESPONSIBLE FOR ANY LAWSUITS, CLAIMS, DEMANDS, COSTS OR ACTIONS AT LAW RESULTING FROM IT'S OWN ACTS OR OMISSIONS IN CONNECTION WITH THE WEST 32ND AVENUE PROJECT AND MAY INSURE AGAINST SUCH POSSIBILITIES AS APPROPRIATE. THE CITY OF LAKEWOOD, COLORADO a Colorado home rule municipal ATTEST: corporation, By: Karen Goldman, City Clerk By: Larry L. Rice, City Manager APPROVED AS TO FORM: Roger Noonan, City Attorney APPROVED AS TO CONTENT: Richard J. Plastino, Director of Public Works ATTEST: Wanda Sang, City Clergy L By: Dan Wilde, Mayor APPROVED ASJ70~ John, E. Hayes, City torney THE CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation 3960T