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HomeMy WebLinkAboutResolution-1989-1165 RESOLUTION NO. 1165 SERIES OF 1989 TITLE: AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO, AND THE CITY OF EDGEWATER, COLORADO, RELATING TO THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO WEST 29TH AVENUE BETWEEN WADSWORTH BOULEVARD AND FENTON STREET. 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 Edgewater share a common boundary for portions of West 29th Avenue, which streets the cities have agreed to overlay in a joint project; WHEREAS, the City Council of the city of Wheat Ridge wishes to approve the Intergovernmental Agreement attached hereto and incorporated herein for the purpose of allowing for the construction of the improvement described therein; NOW THEREFORE, BE IT RESOLVED by the city Council of the City of Wheat Ridge, Colorado that: 1. The Intergovernmental Agreement between the city of Wheat Ridge and the City of Edgewater, Colorado, which is attached hereto and expressly incorporated herein, is hereby approved. 2. The Mayor and the City Clerk are hereby authorized to execute said Intergovernmental Agreement. DONE AND RESOLVED this 25 th day of September, 1989. ~ Dan Wilde, Mayor ATTEST: Wanda Sang, City /clerk INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO THIS 25th DAY OF September , 1989, by and between the City of Wheat Ridge, Colorado, a Home Rule municipality within the county of Jefferson, State of Colorado, hereinafter referred to as "Wheat Ridge" and the City of Edgewater, Colorado, a Home Rule municipality within the County of Jefferson, state of Colorado, hereinafter referred to as "Edgewater"; Wheat Ridge and Edgewater are hereinafter sometimes collectively referred to as "Parties." WITNESSETH: WHEREAS, sections 29-1-201 and 29-1-203 Colorado Revised Statutes, 1972, as amended, permit and encourage governments to make the most efficient use of their powers and responsibilities by cooperating and contracting with other governments to provide authorized services; and WHEREAS, the between Wadsworth sometimes referred Parties desire to overlay West Boulevard and Fenton Street, to as the "Project"; and 29th Avenue hereinafter WHEREAS, the Parties desire to cooperate to the fullest extent possible to ensure that the planning, engineering and construction of the overlay to West 29th Avenue are accomplished according to the mutual desires of each party for the best interests of their respective citizens. NOW, THEREFORE, in order to accomplish the desires, and in consideration of the mutual covenants herein set forth, the Parties agree as follows: above-stated and promises 1. The Parties understand and agree that the overlay to West 29th Avenue between Wadsworth Boulevard and Fenton Street shall be in accordance with the engineering specifications and design standards mutually acceptable to the Parties in order to bring the pavement surface to an acceptable service level as defined by each party. 2. Wheat Ridge agrees to design and construct said overlay in accordance with the mutual desires of the Parties. 3 . based upon respective following: The Parties agree the area of West Parties. The that the Project costs shall be divided 29th Avenue within the boundary of the proj ect costs shall consist of the 1 A. Construction costs as incurred by the lowest qualified bidder. B. Authorized written chanqe or work orders. C. Contingencies mutually agreeable to both Parties. 4. The estimated Project cost is $9,000.00. The approximate costs are shown below: (1190' X 12')/9 = 1587 SY 1587SY X 1.5 "110LBS/"/SY X TON/2000LBS = 213 TONS OF MIX .5 X 213 TONS = 106 TONS TOTAL TONNAGE OF MIX 319 TONS ESTIMATE COST OF MIX = $25.00 PER TON ESTIMATED COST OF PAVEMENT = $7975.00 ADJUST MANHOLES/WATER VALVE BOXES/CONTINGENCY, ETC. $1000.00 ESTIMATED TOTAL COST OF PROJECT $9,000.00 5. Wheat Ridge will initially bear the full cost of the Project. Upon completion of the Project, Edgewater shall reimburse Wheat Ridge for its share of the Project costs, as outlined in Section 4. 6. The Parties agree to jointly contract with a 1 icensed and reputable contractor for the purpose of completing the Project. 7. Wheat Ridge agrees to be responsible for the administration of the construction contract. Edgewater agrees to assist as needed or requested to accomplish such administration. 8. Wheat Ridge agrees to advertise for construction bids, conduct a formal bid opening, prepare formal contract documents, and award construction contracts. The construction documents shall be submitted to Edgewater for approval prior to bid opening and any addendum thereto shall be submitted to Edgewater for review prior to issuance of the addendum and award of the contract. Edgewater shall be allowed to review all bids submitted and contract shall not be awarded without prior approval by both Parties. 9. Wheat Ridge agrees change or work orders to Edgewater's prior approval. to prepare and issue all written the construction contracts with 2 10. The Parties agree to jointly conduct a final inspection of the Project upon completion. 11. The Parties agree that each shall own the improvements located within their respective jurisdictions. 12. The Parties agree that the contractor to whom the Project is awarded shall be required to carry, at a minimum, adequate workers compensation, casualty and liability insurance in amounts mutually agreed between the Parties, which shall be stated in the Contract. 13. The Parties agree that the Contractor to whom the Project is awarded shall be required to present a five percent (5%) bid bond, 100 percent (100%) performance and labor and materials payment bonds, contractor I s agreement to a maximum ten percent (10%) retainage on periodic and final payments, and contractor's compliance with any other applicable statutory provisions required of the Parties. 14. Each party shall be solely responsible for any negligent acts or omissions of its employees or agents (other than the contractor) . 15. This Agreement embodies the entire understanding of the Parties and shall be deemed to be a contract binding upon the Parties hereto, their representatives, agents, administrators, successors and assigns. ENTERED INTO this 25th day of September , 1989. ATTEST: CITY OF WHEAT RIDGE A Colorado Municipal Corporation , ) '-..J t( [l . (., Wanda Sang, " / _~\ ..!...-. ~ l . 1 City c;t~rk / ~t.~) Dan Wilde, Mayor ATTEST: CITY OF EDGEWATER A Colorado Municipal Corporation city Clerk Mayor .-7 ./ / APPROVED 'Aft ~O , ( ) Johly!E. Hay s, Citg Attorney Wheat Ridge APPROVED AS TO FORM: James A. Windholz, City Attorney Edgewater 3 / ,l)l\ " - 1'\ ' , /' ~ _I V' l, ""~ j,' CITY OF EDGEWATER \ ,~ 'i , , : ORDINANCE NO. 32-89 sponsored by Councilman , council Bill No. 32-89 , Series of 1989. I' \' AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EDGEWATER, COLORADO AND THE CITY OF WHEAT RIDGE, COLORADO AND DECLARING AN EMERGENCY. WHEREAS, Section 8:10 of the Edgewater Charter allows the City by ordinance to enter into Intergovernmental Agreements with other governmental entities; and WHEREAS, the City Council desires to enter into an agreement with the City of Wheat Ridge for the repair of West 29th Ave; and WHEREAS, an emergency exists in that the commencement of the street overlay project as soon as possible is essential before cold weather forces the closure of asphalt plants and delays completion of this project until spring of 1990. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, COLORADO: , Section 1. The Intergovernmental Agreement between the City of Edgewater and the City of Wheat Ridge regarding the improvements to West 29th Avenue is approved in substantially the same form as that attached hereto; provided, however, the City shall not expend anymore than $4,500 as its total share of the costs. Section 2. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that anyone part or parts be declared invalid or unconstitutional. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. That this ordinance is deemed necessary for the immediate protection of the health, welfare and safety of the community in that an emergency exists as described herein. ICZ;R~~UCE?,o READ, PASSED AND ORDERED PUBLISHED ~IS / 3~ DAY OF C I Cde ~ , 1989, to be effecti ve upo~ p~blicatiOQn. ~ 1 J ' 'A' t' 11. M'A YOR .~TTEST : '/-f/ 0 // - / y'7 \,,,,,,/,,//. u (~ (i:_j}~~/(L<.../ ' (JULIE .~. CA VERT, CMC ,....___CITY CLERK , ~~+~~~ REX . S\1 N COUNCIL PRESIDENT APPR~EP7s TO EDR11: /6) (L7ftL~~Vd7) J~;ES-~-.~nNDHOLZ, ( gl'TY ATTORNEY ~ Published in the l1heat Ridge sentinel on October 19, 1989. ~ J \ - INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO THIS 25th DAY OF September , 1989, by and between the City of Wheat Ridge, Colorado, a Home Rule municipality within the County of Jefferson, state of Colorado, hereinafter referred to as "Wheat Ridge" and the City of Edgewater, Colorado, a Home Rule municipality within the County of Jefferson, state of Colorado, hereinafter referred to as "Edgewater": Wheat Ridge and Edgewater are hereinafter sometimes collectively referred to as "Parties." WITNESSETH: WHEREAS, Sections 29-1-201 and 29-1-203 Colorado Revised statutes, 1972, as amended, permit and encourage governments to make the most efficient use of their powers and responsibilities by cooperating and contracting with other governments to provide authorized services; and WHEREAS, the between Wadsworth sometimes referred Parties desire to overlay West Boulevard and Fenton Street, to as the "project": and 29th Avenue hereinafter WHEREAS, the Parties desire to cooperate to the fllJ lest extent possible to ensure that the planning, engineering and construction of the overlay to West 29th Avenue are accomplished according to the mutual desires of each party for the best interests of their respective citizens. NOW, THEREFORE, in order to accomplish the desires, and in consideration of the mutual covenants herein set forth, the Parties agree as follows: 1. The Parties understand and agree that the overlay to West 29th Avenue between Wadsworth Boulevard and Fenton Street shall be in accordance with the engineering specifications and design standards mutually acceptable to the Parties in order to bring the pavement surface to an acceptable service level as defined by each party. above-stated and promises 2. Wheat Ridge agrees to design and construct said overlay in accordance with the mutual desires of the Parties. 3. The Parties agree that the Project costs shall be divided based upon the area of West 29th Avenue within the boundary of the respective Parties. The project costs shall consist of the following: 1 - A. Construction costs as incurred by the lowest qualified bidder. B. Authorized written change or work orders. C. Contingencies mutually agreeable to both Parties. 4. The estimated Project cost is $9,000.00. The approximate costs are shown below: (1190' X 12')/9 = 1587 SY 1587SY X 1. 5 "llOLBS/"/SY X TON/2000LBS = 213 TONS OF MIX .5 X 213 TONS = 106 TONS TOTAL TONNAGE OF MIX = 319 TONS ESTIMATE COST OF MIX = $25.00 PER TON ESTIMATED COST OF PAVEMENT = $7975.00 ADJUST MANHOLES/WATER VALVE BOXES/CONTINGENCY, ETC. $1000.00 ESTIMATED TOTAL COST OF PROJECT $9,000.00 5. Wheat Ridge will initially bear the full cost of the Project. Upon completion of the Project, Edgewater shall reimburse Wheat Ridge for its share of the Project costs, as outlined in Section 4. 6. The Parties agree to jointly contract with a licensed and reputable contractor for the purpose of completing the Project. 7. Wheat Ridge agrees to be responsible for the administration of the construction contract. Edgewater agrees to assist as needed or requested to accomplish such administration. 8. Wheat Ridge agrees to advertise for construction bids, conduct a formal bid opening, prepare formal contract documents, and award construction contracts. The construction documents shall be submitted to Edgewater for approval prior to bid opening and any addendum thereto shall be submitted to Edgewater for review prior to issuance of the addendum and award of the contract. Edgewater shall be allowed to review all bids submitted and contract shall not be awarded without prior approval by both Parties. 9. Wheat Ridge agrees change or work orders to Edgewater's prior approval. to prepare and issue all written the construction contracts with 2 -' 10. The Parties agree to jointly conduct a final inspection of the Project upon completion. 11. The Parties agree that each shall own the improvements located within their respective jurisdictions. 12. The Parties agree that the contractor to whom the Project is awarded shall be required to carry, at a minimum, adequate workers compensation, casualty and liability insurance in amounts mutually agreed between the Parties, which shall be stated in the Contract. 13. The Parties agree that the Contractor to whom the project is awarded shall be required to present a five percent (5%), bid bond, 100 percent (100%) performance and labor and materials payment bonds, contractor's agreement to a maximum ten percent (10%) retainage on periodic and final payments, and contractor's compliance with any other applicable statutory provisions required of the Parties. 14. Each party shall be solely responsible acts or omissions of its employees or agents Contractor) . 15. This Agreement embodies the entire understanding of the Parties and shall be deemed to be a contract binding upon the Parties hereto, their representatives, agents, administrators, successors and assigns. for any negligent (other than the ENTERED INTO this 25th day of September , 1989. ATTEST: CITY OF WHEAT RIDGE A Colorado Municipal Corporation rk ~~) Dan Wilde, Mayor /.'--.r(//. ~{ /' / .---' ~ I. c L ,-, (~d tc '-( L . ~ ci ty Clerk CITYv.n~ EDGEWATER A Co :/ado Municipa~__Cprporation .' ?/' I - '/f/!fc~-v7. Mayor ATTEST: '- APPROVED AS TO FORM: James A. Windholz, City Attorney Edgewater 3