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HomeMy WebLinkAboutResolution-1994-1396 RESOLUTION NO. 1396 Series of 1994 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EDGEWATER FOR THE REHABILITATION OF WEST 26TH AVENUE BETWEEN PIERCE STREET AND SHERIDAN BOULEVARD. WHEREAS, section 14.2 of the Home Rule Charter of Wheat Ridge provides express authority to enter into Intergovernmental Agreements providing for cooperative efforts between governments; and WHEREAS, The cities of Wheat Ridge and Edgewater wish to jointly improve the condition of West 26th Avenue in their respective jurisdictions between pierce street and Sheridan Boulevard; and WHEREAS, In the spirit of cooperation the city of Wheat Ridge has offered to design, advertise, award and construct the project, including the segments within the City of Edgewater; and WHEREAS, in order to insure that the project costs for the portions of West 26th Avenue belonging to the city of Edgewater are reimbursed to the City of Wheat Ridge, it is necessary to enter into an Intergovernmental Agreement with the City of Edgewater. NOW, THEREFORE, BE IT RESOLVED that: Sec. 1. The Mayor of the City of Wheat Ridge is hereby authorized to execute an intergovernmental agreement with the City of Edgewater for the Rehabilitation of West 26th Avenue between pierce Street and Sheridan Boulevard. DONE AND RESOLVED THIS 28th day of March, 1994. ~-LJ~ Dan Wilde, Mayor ATTEST: ,1 j I .- I, L. , Wanda Sang, City Clerk '. 1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO THIS 28th DAY OF March , 1994, by and between the City of Wheat Ridge, with offices at 7500 West 29th Avenue, Wheat Ridge, Colorado 80215, a Home Rule Municipality within the County of Jefferson, state of Colorado, hereinafter referred to as "Wheat Ridge", and the City of Edgewater, with offices at 2401 Sheridan Boulevard, Denver, Colorado 80214, County of Jefferson, State of Colorado, hereinafter referred to as "Edgewater", Wheat Ridge and Edgewater hereinafter sometimes referred to as the "Parties". WITNESSETH THAT: WHEREAS, sections 29-1-201 and 29-1-203 Colorado Revised sta- tutes, 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, Wheat Ridge and Edgewater desire to jointly rehabili- tate West 26th Avenue between pierce Street and Sheridan Boule- vard, hereinafter sometimes referred to as the "Project"; and, WHEREAS, The Parties desire to cooperate to the fullest extent possible to ensure that the planning, engineering and construc- tion of the Project 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 above stated desires, and in consideration of the mutual covenants and promises herein set forth, the Parties agree as follows: 1. The parties understand and agree that the rehabilitation of West 26th Avenue between pierce Street and Sheridan Boulevard will be in accordance with engineering specifications and design standards mutually acceptable and beneficial to the parties in order to bring West 26th Avenue to an acceptable service level as defined by each party. 2. Wheat Ridge agrees to design, advertise, award a con- struction contract and provide contract administration and pro- ject inspection for the Project in accordance with the mutual desires of the Parties. 3. The parties agree that engineering costs associated with design, advertisement, contract administration and project in- spection will be 5% of the bid amount submitted by the lowest qualified bidder for the Project. Engineering costs will be split based upon the portion of the surface area of West 26th Avenue within the corporate limits of each party. The percentag- es for Wheat Ridge and Edgewater are 12% and 88%, respectively. 4. The parties agree that all Project costs including 1 traffic control, mobilization, milling, placement of pavement fabric, preformed traffic striping material, traffic signal loops and overlay material will be split based upon the portion of the surface area of West 26th Avenue within the corporate limits of each party. The percentages for Wheat Ridge and Edgewater are 12% and 88%, respectively. The Project costs shall consist of the following: A. Construction costs as incurred by the lowest qualified bidder. B. Authorized written change or work orders issued by the Engineer. c. Contingencies mutually agreeable to the Parties. D. Early completion Incentive Bonus as provided for in the Contract Documents. 5. The estimated cost of the Project is $264,000. The estimated engineering costs for the project are $13,200. 6. After sealed bids for the Project are opened, Wheat Ridge will prepare a written request for Edgewater' s share of the Project costs. Edgewater's share of the project costs will include a 12 percent contingency and bonus amount based upon Edgewater's share of the project costs. Prior to award of the construction contract by Wheat Ridge, Edgewater will deposit with Wheat Ridge Edgewater's share of the Project costs. Wheat Ridge will place these funds and Wheat Ridge's share of the project costs into the appropriate Capital Improvement Fund Account and will make project related progress payments. Upon completion of the proj ect, Wheat Ridge will prepare a final project cost for each entity based upon quanti- ties of work actually completed and accepted. In the event additional funds are required from Edgewater, Edge- water agrees to deposit with Wheat Ridge such funds within 30 days of written notice. In the event excess funds remain after completion of the project, these funds will be returned to Edge- water within 30 days after release of retained amounts to the contractor. Funds deposited with Wheat Ridge for Engineering costs will not be returned. 7. Wheat Ridge agrees to jointly contract with a licensed and reputable contractor for the Project. 8. Wheat Ridge agrees to be responsible for the administra- tion of the construction contract according to applicable state and federal laws. Edgewater agrees to assist as needed or re- quested to accomplish such administration. 9. Wheat Ridge agrees to prepare engineering estimates, 2 advertise for construction bids, conduct a formal bid opening, prepare formal contract documents, and award construction con- tracts. The construction documents shall be submitted to Edgewa- ter for review prior to bid opening and any addendum thereto shall be submitted to Edgewater for review. Edgewater will be allowed to review all bids submitted and a contract will not be awarded without prior approval of Edgewater. 10. Wheat Ridge agrees to prepare and issue all written change or work orders to the construction contract. Edgewater will be allowed to review any change orders to the Project. 11. Each party shall be permitted to be present during each construction inspection, and to make recommendations to the contractor concerning the improvements to be located within the party's jurisdiction. The parties shall conduct a joint inspection of the Project upon completion 12. The parties agree that each shall own the improvements located within their respective jurisdictions. 13. The parties agree that the contractor to whom the Project is awarded will be required to carry, at a minimum, adequate workers compensation, casualty and liability insurance in amounts mutually acceptable to the Parties. Contractor will be required to name Edgewater as an additional insured in his insurance policies. 14. 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 five percent (5%) retainage on periodic and final payments, and contractor's compliance with any other applicable statutory provisions required of the parties. 15. Each party shall be responsible for its own negligent acts. Wheat Ridge shall be solely responsible for the design, construction, inspection and administration of said Project, and shall be solely responsible for any liability resulting from or relating to said design, construction, inspection and administra- tion of said project. Each party shall reimburse the other party for any costs, expenses, or legal fees that either party may incur for any liability resulting from the negligent acts of the other party. 16. The Agreement embodies the entire understanding of the Parties and shall be deemed to be a contract extending and bind- ing upon Parties hereto, their representatives, agents, adminis- trators, successors and assigns. 3 ENTERED INTO this 28th day of March, 1994. CITY OF WHEAT RIDGE ATTEST: _-, I . JI (( ".{, ,__ "'r'L Wanda Sang, city cl~rk ," APPROVED AS TO FORM: ~i ,/., It;'rl!. 'J City A torney 'I ~!cl{/;(/Irf1.?l ' , CITY OF WHEAT RIDGE A COLORADO MUNICIPAL CORPORATION ~~ DAN WILDE, MAYOR CITY OF EDGEWATER ATTEST: '~I - . ,...--'; . '---. ~'// /' _ _.. /fj.t.Lt.. '7/. ( ~d [[1.C' c ULIE A. CALVERT, City Clerk APPROVED AS TO FORM: City Attorney CITY OF EDGEWATER A COLORADO MUNICIPAL CORPORATION ., j " ~' ... l '\..' .1 ~.\.. 4