HomeMy WebLinkAboutResolution-1994-6-94
CITY OF EDGEWATER
ORDINANCE NO. 6-94
SERIES OF 1994
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF WHEAT RIDGE
FOR PROFESSIONAL ENGINEERING SERVICES
WHEREAS, the City of Edgewater has applied for and been
granted a Hazard Elimination Grant from the Colorado Department of
Transportation (CDOT) to upgrade existing traffic signals located
at West 20th Avenue and Depew Street, West 20th Avenue and Harlan
Street, and West 24th Avenue and Pierce Street; and
WHEREAS, the City of Wheat Ridge's Engineering Division has a
professional engineering staff and is willing and able to prepare
such plans and specifications for the City of Edgewater in
connection with this project; and
WHEREAS, the City of Edgewater and the City of Wheat Ridge
desire to enter into an intergovernmental agreement concerning
engineering services in connection with such plans and
specifications;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
COLORADO:
Section 1. The proposed intergovernmental agreement
between the City of Edgewater and the City of Wheat Ridge for
professional engineering services for the preparation of plans and
specifications in connection with the upgrade of existing traffic
signals located at West 20th Avenue and Depew Street, West 20th
Avenue and Harlan Street, and West 24th Avenue and Pierce Street,
is hereby approved in essentially the same form as the copy of such
agreement accompanying this ordinance, except that the Mayor is
hereby granted the authority to approve such revisions to said
agreement as the Mayor determines are necessary or desirable for
the protection of the City, so long as the essential terms and
conditions of the agreement are not altered.
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 hereof irrespective of
the fact that anyone part or parts be declared unconstitutional or
invalid.
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hereof are hereby repealed to the extent of such inconsistency or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. This ordinance is deemed necessary for the
protection of the health, welfare, and safety of the community.
INTRODUCED, READ, PASSED, AND ORDERED PUBLISHED this 5th
day of May , 1994.
ADOPTED UPON SECOND READING AND ORDERED PUBLISHED
of May , 1994.
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APPROVED AS TO FORM:
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City Attorney-->
First Publication: May l~, 1994
Second Publication: May 26. 1994
Published in the Edqewater Tribune
050594/1706[tatlc:edge\;ga\wheateng.ord
2
INTERGOVERNMENTAL AGREEMENT
.-) J
THIS AGREEMENT MADE AND ENTERED INTO THIS -~ ',,- DAY OF
\!~\ i ,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, Edgewater has been granted a Hazard Elimination Grant
from the Colorado Department of Transportation (CDOT or State) to
upgrade existing signals in Edgewater located at West 20th Avenue
and Depew Street, West 20th Avenue and Harlan street and West
24th Avenue and Pierce Street; and,
WHEREAS, Edgewater does not have the professional engineering
staff required to prepare plans and specifications to meet CDOT
requirements and desires Wheat Ridge to do so; and,
WHEREAS, Wheat Ridge's Engineering Division has the required
expertise, skills, knowledge and equipment to provide
professional engineering services required to design the traffic
signal upgrades for Edgewater and prepare project specifications
in accordance with CDOT standards, and
WHEREAS, The Parties desire to cooperate to the fullest extent
possible to ensure that engineering services required for design
of the traffic signal project are accomplished in accordance with
CDOT standards, and
WHEREAS, Edgewater has applied for and been granted a Hazard
Elimination Grant for the upgrading of traffic signals at 20th
Avenue and Harlan Street, 20th Avenue and Depew street and 24th
Avenue and pierce Street, and
WHEREAS, Wheat Ridge has the expertise and knowledge to design
the traffic signal upgrade and prepare project specifications in
accordance with CDOT standards.
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
1. Wheat Ridge agrees to design the traffic signal upgrade
project and prepare project specifications in accordance with
CDOT standards and requirements. Wheat Ridge will also attend
the scoping, FIR, FOR and other meetings with CDOT and make
changes to the plans and specifications as required by CDOT.
2. CIVIL RIGHTS. In compliance with Title VI of the civil
Rights Act of 1964 and with section 162 (a) of the Federal Aid
Highway Act of 1973, Wheat Ridge for itself, its assigns and
successors in interest, agrees as follows:
A. compliance with Regulations. Wheat Ridge shall comply
with the Regulations of the Department of Transportation
relative to nondiscrimination in federally-assisted programs
of the Department of Transportation (Title 49, Code of
Federal Regulations, Part 21, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference
and made part of this contract.
B. Nondiscrimination. Wheat Ridge with regard to the work
performed by it after award and prior to completion of the
contract work, shall not discriminate on the grounds of race,
color, sex, mental or physical handicap or national origin in
the selection and retention of consultants or subconsultants,
including procurements of materials and leases of equipment.
Wheat Ridge shall not participate directly or indirectly in
the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract
covers a program set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment. In all solicitations, either by
competitive bidding or negotiations made by Wheat Ridge for
work to be performed under a subcontract, including
procurements of materials or equipment, each potential
subconsultant or supplier shall be notified by Wheat Ridge of
Wheat Ridge's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of
race, color, sex, mental or physical handicap or national
origin.
D. Information and Reports. Wheat Ridge shall provide all
information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by
the State or the FHWA to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any
information required of Wheat Ridge is in the exclusive
possession of another who fails or refuses to furnish this
information, Wheat Ridge shall so certify to the State, or
the FHWA as appropriate, and shall set forth what efforts
have been made to obtain the information.
E.
Sanctions for Noncompliance.
In the event of Wheat
2
Ridge I S noncompliance with the
of this contract, the state
sanctions as it or the FHWA may
including, but not limited to:
nondiscrimination provisions
will impose such contract
determine to be appropriate,
(1) withholding any payments to Wheat Ridge under the
contract until Wheat Ridge complies, and/or;
(2) Cancellation, termination or suspension of the
contract, in whole or in part.
F. Incor~o~ation of Provisions. Wheat Ridge shall include
the provlslons of Paragraphs A through E ln every
subcontract, including procurements of material and leases of
equipment, unless exempted by the Regulations, orders or
instructions issued pursuant thereto. Wheat Ridge shall take
such provisions including sanctions for noncompliance;
provided, however, that, in the event Wheat Ridge becomes
involved in, or is threatened with, litigation with a
subconsultant or supplier as a result of such direction,
Wheat Ridge may request the state to enter into such
litigation to protect the interest of the state, and in
addition, Wheat Ridge may request FHWA to enter into such
litigation to protect the interests of the united states.
3. COMMENCEMENT AND COMPLETION OF THE WORK
A. Wheat Ridge agrees to begin performance of the work on the
date indicated in the state's written "Authorization to Proceed",
as provided Paragraph B, herein. The date indicated on the
"Authorization to Proceed" shall be the date upon which all
contract time-count for completion of the work shall be based.
B. Except as may be changed by supplemental contract, Wheat
Ridge shall complete the work within 90 calendar days from the
date set for commencement of the work in the written
Authorization to Proceed, exclusive of all days for review and
approvals by the state, or by other official agencies whose
approval must be obtained by the state. All days lost for review
shall be documented in Wheat Ridge'S certified progress reports.
4A. CLASSIFIED NATURE OF SERVICES.
(1) Wheat Ridge understands that all services
conf idential in character, and that as such,
investigative results are not to be divulged in
part in the form of press releases, public
publication of technical papers by Wheat Ridge,
employees or representatives.
hereunder are
details and
whole or in
statements,
its agents,
(2) Similarly, no detailed information about the proj ect
shall be tendered to property owners, speculative and
promotional interests or to the general public without
written authority from the state and/or Edgewater.
3
4B. OWNERSHIP OF DOCUMENTS
(1) All tracings, plans, specifications, estimates, reports,
data and miscellaneous items purported to contribute to the
completeness of the project shall be delivered to and become
the property of the state and/or Edgewater.
(2) Basic survey notes, sketches, charts, computations, and
other data prepared hereunder shall be made available to the
state, upon request, and become the property of the state
and/or Edgewater.
(3) All data received hereunder shall be made part of the
state I s and or Edgewater I s permanent records and files and
preserved therein.
4C. INSPECTIONS, REVIEWS AND AUDITS.
(1) During all phases of the work and services to be
provided hereunder, Wheat Ridge agrees to establish a working
office at 7500 West 29th Avenue, Wheat Ridge, Co 80215 and
permit duly authorized agents and employees of the state,
FHWA and other agencies of the Federal Government to enter
Wheat Ridge's offices after 5 days written notice for the
purpose of inspections, review and audits of project records
during normal working hours. Reviews may also be
accomplished at meetings that are arranged at mutually
agreeable times and places. This access shall also include
Edgewater.
(2) Wheat Ridge and its subconsultants shall maintain all
books, documents, papers, accounting records and other
evidence pertaining to cost incurred on the subject project
and shall make such materials available at their respective
offices at all reasonable times during the contract period
and for three years from the date of final payment under the
contract, for inspection by the state, FHWA or any authorized
representatives of the Federal Government and copies thereof
shall be furnished if requested.
5. Wheat Ridge shall ensure that complete detailed plans
for all structures, including but not limited to roadways and
bridges, are submitted by Wheat Ridge to the state and bear a
Professional Engineer's stamp or seal as required by Sections 12-
25-101 through 12-25-119, Colorado Revised Statutes, as amended,
including section 12-25-117 regarding use of the professional
engineer seal.
6. Wheat Ridge Public Works Department will maintain daily
time sheets showing staff time directly associated with the
traffic signal upgrade project. Copies of these time sheets will
be forwarded to Edgewater with each billing for services. These
billings will be submitted to Edgewater on a monthly basis.
7. Edgewater agrees to pay Wheat Ridge the hourly rate for
4
persons directly associated with the design plus an additional
fifty (50%) for overhead. Payment shall be made to Wheat Ridge
within 30 days of submission of the billing for payment.
8. Wheat Ridge estimates a total of 480 hours of staff time
for design and preparation of plans and specifications to CDOT
specifications, the scoping meeting and the FIR and FOR meetings
and required plan changes. This time estimate is broken down as
follows:
position
time
senior Project Engineer
Traffic Engineer
Survey Crew (3 person)
Engineering Assistant
100 hrs
80 hrs
120 hrs
180 hrs
Total cost for Wheat Ridge's design services for this project
shall not exceed $16,000.00 unless an adjustment is made as
provided in section below. Costs for outside professional
services, if required by CDOT, are not included in the above cost
not to exceed. Edgewater agrees that any costs and time delays
related to CDOT required professional services will be considered
a change in scope of work and extra time for performance and
compensation will be granted based upon actual delays and costs
incurred by Wheat Ridge.
9. If CDOT or Edgewater changes the scope of work, or if
there is an increase in either the cost of or the time for
performance of the work, then an adjustment in contract terms may
be negotiated and implemented by written supplemental contract.
Any claims by Wheat Ridge for such adjustment must be made by
Wheat Ridge to the state and Edgewater in writing describing the
basis thereof prior to Wheat Ridge performing any work or
incurring any cost to be covered in the anticipated supplemental
contract. Any work performed or cost incurred by Wheat Ridge
without first providing such notice and executing a supplemental
contract shall be deemed to be covered by the compensation and
time for performance provisions of this contract.
10. Each party shall be responsible for its own negligent
acts. Wheat Ridge shall be solely responsible for the design of
the traffic signal upgrades and shall be solely responsible for
any liability resulting from or relating to said design. 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.
11. DISPUTES
A. Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this
contract which is not disposed of by agreement will be
decided by the Chief Engineer of the Department of
Transportation. The decision of the Chief Engineer will be
5
final and conclusive unless, within 30 days after the date of
receipt of a copy of such written decision, Wheat Ridge mails
or otherwise furnishes to the state a written appeal
addressed to the Executive Director of the Department of
Transportation. In connection with any appeal proceeding
under this clause, Wheat Ridge shall be afforded an
opportunity to be heard and otherwise offer evidence in
support of its appeal. pending final decision of a dispute
hereunder, Wheat Ridge shall proceed diligently with the
performance of the contract in accordance with the Chief
Engineer's decision. The decision of the Executive Director
or his duly authorized representative for the determination
of such appeals will be final and conclusive.
B. This disputes clause does not preclude consideration by a
court of competent jurisdiction of questions of law in
connection with decisions provided for in Paragraph A above,
Nothing in this contract, however, shall be construed as
making final the decision of any administrative
representative, or board on a question of law.
12. 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.
13. The construction and enforcement of this Agreement shall
be governed by the laws of the state of colorado.
14. In the event either party fails to honor the agreements
contained herein causing the other party to bring a court action,
the substantially prevailing party shall be entitled to costs and
reasonable attorney's fees.
15. TERMINATION AND ASSIGNMENT OF CONTRACT
The right is reserved by the state and Edgewater to terminate
this contract at any time upon written notice, in the event the
project is to be abandoned or indefinitely postponed, or in the
case the services or Wheat Ridge in the judgment of the state
and/or Edgewater are unsatisfactory: or because of Wheat Ridge's
failure to prosecute the work with diligence or within time
limits specified. In any such case, the state and Edgewater will
pay Wheat Ridge for work accomplished to date of termination as
follows: (a) Lump Sum Contracts: the percentage of the total lump
sum fee that represents the ratio of work performed to the total
amount of work; (b) Cost Plus Fixed Fee contracts; incurred
cost of actual work performed plus a percentage of the fixed fee
that represents the ratio of work performed to the total amount
of work in the contract; (c) Specific Rate of Compensation
contracts: Incurred cost of actual work performed; (d) Price
per Unit of Work contracts: The cost of each completed unit or
work and/or a percentage of each partially completed unit of
work. All work accomplished by Wheat Ridge prior to the date of
such termination shall be recorded and tangible work documents
6
shall be transferred to and become the property of the state and
Edgewater prior to payment for services rendered.
A. Wheat Ridge warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely
for it, to solicit or secure this contract, and that it has not
paid nor agreed to pay any company or person, other than bona
fide employees working solely for Wheat Ridge any fee,
commission, percentage, brokerage fee, gifts, or any kind of
consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this
warranty, the state and Edgewater will have the right to annul
this contract without liability, or, in its discretion to deduct
from the contract price any consideration, or otherwise recover
the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
B. It is the intent hereunder to secure the personal services of
Wheat Ridge, in manner aforesaid, and this contract shall not be
assigned, sublet or transferred without the consent, in writing
of the state and Edgewater.
7
ENTERED INTO
this --.-:..:... day of
;--! I ~ \,~ 1994
, .
ATTEST:
CITY
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OF WHEAT RIDGE
CITY OF WHEAT RIDGE
A COLORADO MUNICIPAL
CORPORATION
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DAN WILDE, MAYOR
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Wanda Sang,
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City Clerk
APPROVED AS TO FORM:
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city Att rne
CITY OF EDGEWATER
CITY OF EDGEWATER
A COLORADO MUNICIPAL
CORPORATION
R~-w Vv\~
ROGER lOLA, MAYOR
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City Clerk
JULIE A. CALVERT,
APPROVED AS TO FORM:
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city Attorney
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STATE OF COLORADO
Region 6
2000 SOUTH HOllY STREET
Denver, Colorado 80222
HOS 0006 (90) -
9330~
---
- -
DEPARTMENT OF TRANSPORTATION
July 8, 1994
Mr. Bob Martin
Director of Public Works
City of Edgewater
5845 West 25th Avenue
Edgewater, Colorado 80214
Dear Mr. Martin:
Enclosed are two fully executed copies of the fully
executed contract between Edgewater and Wheat Ridge for
project HOS 0006(90), 20th at Depew and Harlan and 24th at
Pierce. These contracts have been approved for Federal
participation effective May 23, 1994.
If you have any questions, please contact the Region 6
Business Office at 757-9691.
Sincerely,
~R-DUGAN
Business Manager
~
NSO/no
Enclosure
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INTERGOVERNMENTAL AGREEMENT
j" !
THIS AGREEMENT MADE AND ENTERED INTO THIS __ '\ ,e\ DAY OF
"1,\ '\ ,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, Edgewater has been granted a Hazard Elimination Grant
from the Colorado Department of Transportation (COOT or State) to
upgrade existing signals in Edgewater located at West 20th Avenue
and Depew Street, West 20th Avenue and Harlan street and West
24th Avenue and pierce street; and,
WHEREAS, Edgewater does not have the professional engineering
staff required to prepare plans and specifications to meet COOT
requirements and desires Wheat Ridge to do so; and,
WHEREAS, Wheat Ridge's Engineering Division has the required
expertise, skills, knowledge and equipment to provide
professional engineering services required to design the traffic
signal upgrades for Edgewater and prepare project specifications
in accordance with CDOT standards, and
WHEREAS, The Parties desire to cooperate to the fullest extent
possible to ensure that engineering services required for design
of the traffic signal project are accomplished in accordance with
CDOT standards, and
WHEREAS, Edgewater has applied for and been granted a Hazard
Elimination Grant for the upgrading of traffic signals at 20th
Avenue and Harlan Street, 20th Avenue and Oepew Street and 24th
Avenue and pierce street, and
WHEREAS, Wheat Ridge has the expertise and knowledge to design
the traffic signal upgrade and prepare project specifications in
accordance with COOT standards.
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
1. Wheat Ridge agrees to design the traffic signal upgrade
project and prepare project specifications in accordance with
CDOT standards and requirements. Wheat Ridge will also attend
the scoping, FIR, FOR and other meetings with CDOT and make
changes to the plans and specifications as required by CDOT.
2. CIVIL RIGHTS. In compliance with Title VI of the civil
Rights Act of 1964 and with section 162 (a) of the Federal Aid
Highway Act of 1973, Wheat Ridge for itself, its assigns and
successors in interest, agrees as follows:
A. Compliance with Regulations. Wheat Ridge shall comply
with the Regulations of the Department of Transportation
relative to nondiscrimination in federally-assisted programs
of the Department of Transportation (Title 49, Code of
Federal Regulations, Part 21, hereinafter referred to as the
"Regulations"), which are herein incorporated by reference
and made part of this contract.
B. Nondiscrimination. Wheat Ridge with regard to the work
performed by it after award and prior to completion of the
contract work, shall not discriminate on the grounds of race,
color, sex, mental or physical handicap or national origin in
the selection and retention of consultants or subconsultants,
including procurements of materials and leases of equipment.
Wheat Ridge shall not participate directly or indirectly in
the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when the contract
covers a program set forth in Appendix C of the Regulations.
C. Solicitations for subcontracts, Includinq Procurements of
Materials and Equipment. In all solicitations, either by
competitive bidding or negotiations made by Wheat Ridge for
work to be performed under a subcontract, including
procurements of materials or equipment, each potential
subconsultant or supplier shall be notified by Wheat Ridge of
Wheat Ridge's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of
race, color, sex, mental or physical handicap or national
origin.
D. Information and Reports. Wheat Ridge shall provide all
information and reports required by the Regulations, or
orders and instructions issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by
the State or the FHWA to be pertinent to ascertain compliance
with such Regulations, orders and instructions. Where any
information required of Wheat Ridge is in the exclusive
possession of another who fails or refuses to furnish this
information, Wheat Ridge shall so certify to the state, or
the FHWA as appropriate, and shall set forth what efforts
have been made to obtain the information.
E.
sanctions for Noncompliance.
In the event of Wheat
2
Ridge's noncompliance with the
of this contract, the state
sanctions as it or the FHWA may
including, but not limited to:
nondiscrimination provisions
will impose such contract
determine to be appropriate,
(1) Withholding any payments to Wheat Ridge under the
contract until Wheat Ridge complies, and/or;
(2) Cancellation, termination or suspension of the
contract, in whole or in part.
F. Incorporation of Provisions. Wheat Ridge shall include
the prov~s~ons of Paragraphs A through E ~n every
subcontract, including procurements of material and leases of
equipment, unless exempted by the Regulations, orders or
instructions issued pursuant thereto. Wheat Ridge shall take
such provisions including sanctions for noncompliance;
provided, however, that, in the event Wheat Ridge becomes
involved in, or is threatened with, litigation with a
subconsultant or supplier as a result of such direction,
Wheat Ridge may request the state to enter into such
litigation to protect the interest of the state, and in
addition, Wheat Ridge may request FHWA to enter into such
litigation to protect the interests of the United states.
3. COMMENCEMENT AND COMPLETION OF THE WORK
A. Wheat Ridge agrees to begin performance of the work on the
date indicated in the state's written "Authorization to Proceed",
as provided Paragraph B, herein. The date indicated on the
"Authorization to Proceed" shall be the date upon which all
contract time-count for completion of the work shall be based.
B. Except as may be changed by supplemental contract, Wheat
Ridge shall complete the work within 90 calendar days from the
date set for commencement of the work in the written
Authorization to Proceed, exclusive of all days for review and
approvals by the state, or by other official agencies whose
approval must be obtained by the state. All days lost for review
shall be documented in Wheat Ridge'S certified progress reports.
4A. CLASSIFIED NATURE OF SERVICES.
(1) Wheat Ridge understands that all services hereunder are
confidential ~n character, and that as such, details and
investigative results are not to be divulged in whole or in
part in the form of press releases, public statements,
publication of technical papers by Wheat Ridge, its agents,
employees or representatives.
(2) Similarly, no detailed information about the proj ect
shall be tendered to property owners, speculative and
promotional interests or to the general public without
written authority from the State and/or Edgewater.
3
48. OWNERSHIP OF DOCUMENTS
(1) All tracings, plans, specifications, estimates, reports,
data and miscellaneous items purported to contribute to the
completeness of the project shall be delivered to and become
the property of the state and/or Edgewater.
(2) Basic survey notes, sketches, charts, computations, and
other data prepared hereunder shall be made available to the
state, upon request, and become the property of the state
and/or Edgewater.
(3) All data received hereunder shall be made part of the
state's and or Edgewater' s permanent records and files and
preserved therein.
4C. INSPECTIONS, REVIEWS AND AUDITS.
(1) During all phases of the work and services to be
provided hereunder, Wheat Ridge agrees to establish a working
office at 7500 West 29th Avenue, Wheat Ridge, Co 80215 and
permit duly authorized agents and employees of the state,
FHWA and other agencies of the Federal Government to enter
Wheat Ridge's offices after 5 days written notice for the
purpose of inspections, review and audits of project records
during normal working hours. Reviews may also be
accomplished at meetings that are arranged at mutually
agreeable times and places. This access shall also include
Edgewater.
(2) Wheat Ridge and its subconsultants shall maintain all
books, documents, papers, accounting records and other
evidence pertaining to cost incurred on the subject project
and shall make such materials available at their respective
offices at all reasonable times during the contract period
and for three years from the date of final payment under the
contract, for inspection by the state, FHWA or any authorized
representatives of the Federal Government and copies thereof
shall be furnished if requested.
5. Wheat Ridge shall ensure that complete detailed plans
for all structures, including but not limited to roadways and
bridges, are submitted by Wheat Ridge to the state and bear a
Professional Engineer'S stamp or seal as required by sections 12-
25-101 through 12-25-119, Colorado Revised statutes, as amended,
including section 12-25-117 regarding use of the professional
engineer seal.
6. Wheat Ridge Public Works Department will maintain daily
time sheets showing staff time directly associated with the
traffic signal upgrade project. copies of these time sheets will
be forwarded to Edgewater with each billing for services. These
billings will be submitted to Edgewater on a monthly basis.
7. Edgewater agrees to pay Wheat Ridge the hourly rate for
4
persons directly associated with the design -plus an additional
fifty (50%) for overhead. Payment shall be made to Wheat Ridge
within 30 days of submission of the billing for payment.
8. Wheat Ridge estimates a total of 480 hours of staff time
for design and preparation of plans and specifications to COOT
specifications, the scoping meeting and the FIR and FOR meetings
and required plan changes. This time estimate is broken down as
follows:
position
time
senior Project Engineer
Traffic Engineer
Survey Crew (3 person)
Engineering Assistant
100 hrs
80 hrs
120 hrs
180 hrs
Total cost for Wheat Ridge's design services for this project
shall not exceed $16,000.00 unless an adjustment is made as
provided in section below. Costs for outside professional
services, if required by CDOT, are not included in the above cost
not to exceed. Edgewater agrees that any costs and time delays
related to CDOT required professional services will be considered
a change in scope of work and extra time for performance and
compensation will be granted based upon actual delays and costs
incurred by Wheat Ridge.
9. If COOT or Edgewater changes the scope of work, or if
there is an increase in either the cost of or the time for
performance of the work, then an adjustment in contract terms may
be negotiated and implemented by written supplemental contract.
Any claims by Wheat Ridge for such adjustment must be made by
Wheat Ridge to the state and Edgewater in writing describing the
basis thereof prior to Wheat Ridge performing any work or
incurring any cost to be covered in the anticipated supplemental
contract. Any work performed or cost incurred by Wheat Ridge
without first providing such notice and executing a supplemental
contract shall be deemed to be covered by the compensation and
time for performance provisions of this contract.
10. Each party shall be responsible for its own negligent
acts. Wheat Ridge shall be solely responsible for the design of
the traffic signal upgrades and shall be solely responsible for
any liability resulting from or relating to said design. 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.
11. DISPUTES
A. Except as otherwise provided in this contract, any
dispute concerning a question of fact arising under this
contract which is not disposed of by agreement will be
decided by the Chief Engineer of the Department of
Transportation. The decision of the Chief Engineer will be
5
final and conclusive unless, within 30 days after the date of
receipt of a copy of such written decision, Wheat Ridge mails
or otherwise furnishes to the state a written appeal
addressed to the Executive Director of the Department of
Transportation. In connection with any appeal proceeding
under this clause, Wheat Ridge shall be afforded an
opportunity to be heard and otherwise offer evidence in
support of its appeal. pending final decision of a dispute
hereunder, Wheat Ridge shall proceed diligently with the
performance of the contract in accordance with the Chief
Engineer's decision. The decision of the Executive Director
or his duly authorized representative for the determination
of such appeals will be final and conclusive.
B. This disputes clause does not preclude consideration by a
court of competent jurisdiction of questions of law in
connection with decisions provided for in Paragraph A above,
Nothing in this contract, however, shall be construed as
making final the decision of any administrative
representative, or board on a question of law.
12. 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.
13. The construction and enforcement of this Agreement shall
be governed by the laws of the state of Colorado.
14. In the event either party fails to honor the agreements
contained herein causing the other party to bring a court action,
the substantially prevailing party shall be entitled to costs and
reasonable attorney's fees.
15. TERMINATION AND ASSIGNMENT OF CONTRACT
The right is reserved by the state and Edgewater to terminate
this contract at any time upon written notice, in the event the
project is to be abandoned or indefinitely postponed, or in the
case the services or Wheat Ridge in the judgment of the state
and/or Edgewater are unsatisfactory: or because of Wheat Ridge'S
failure to prosecute the work with diligence or within time
limits specified. In any such case, the state and Edgewater will
pay Wheat Ridge for work accomplished to date of termination as
follows: (a) Lump Sum Contracts: the percentage of the total lump
sum fee that represents the ratio of work performed to the total
amount of work; (b) Cost Plus Fixed Fee contracts; incurred
cost of actual work performed plus a percentage of the fixed fee
that represents the ratio of work performed to the total amount
of work in the contract; (c) specific Rate of Compensation
contracts: Incurred cost of actual work performed; (d) Price
per Unit of Work contracts: The cost of each completed unit or
work and/or a percentage of each partially completed unit of
work. All work accomplished by Wheat Ridge prior to the date of
such termination shall be recorded and tangible work documents
6
shall be transferred to and become the property of the state and
Edgewater prior to payment for services rendered.
A. Wheat Ridge warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely
for it, to solicit or secure this contract, and that it has not
paid nor agreed to pay any company or person, other than bona
fide employees working solely for Wheat Ridge any fee,
commission, percentage, brokerage fee, gifts, or any kind of
consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this
warranty, the state and Edgewater will have the right to annul
this contract without liability, or, in its discretion to deduct
from the contract price any consideration, or otherwise recover
the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
B. It is the intent hereunder to secure the personal services of
Wheat Ridge, in manner aforesaid, and this contract shall not be
assigned, sublet or transferred without the consent, in writing
of the state and Edgewater.
7
ENTERED INTO this , ,I day of \! " \ , 1994.
CITY OF WHEAT RIDGE
ATTEST:
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Wanda Sang, City Clerk
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APPROVED AS TO FORM:
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city Att neY
CITY OF WHEAT RIDGE
A COLORADO MUNICIPAL
CORPORATION
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DAN WILDE, MAYOR
CITY OF EDGEWATER
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,aULIE A. CALVERT, City Clerk
APPROVED AS TO FORM:
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city Attorney
CITY OF EDGEWATER
A COLORADO MUNICIPAL
CORPORATION
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ROG R lOLA, MAYOR
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8
RESOLUTION NO. 1405
Series of 1994
TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH THE CITY OF EDGEWATER FOR THE PROVISION OF
PROFESSIONAL ENGINEERING SERVICES FOR THE
DESIGN OF TRAFFIC SIGNALS AT VARIOUS LOCATIONS IN
EDGEWATER.
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 City
Elimination Grant for
signalized intersections
of Edgewater has been granted a Hazard
the reconstruction and upgrading of
in the City of Edgewater (Project); and
WHEREAS, Edgewater does not
engineering staff required to prepare
for the Project to CDOT standards; and
have the professional
plans and specifications
WHEREAS, The city of Edgewater has asked the city of Wheat
Ridge to provide professional engineering services for the design
of the project to CDOT requirements; and
WHEREAS, Wheat Ridge's Engineering Division has the
required knowledge and expertise to provide professional
engineering services to design the Project for Edgewater and
prepare project specifications for Edgewater; and
WHEREAS, in order to insure that Wheat Ridge staff costs
related to provision of professional engineering services to the
City of Edgewater for the Project 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 provision of professional engineering
services required to design the Project for Edgewater.
DONE AND RESOLVED THIS
23rd
day of May, 1994.
.
~~
Dan Wilde, Mayor
ATTEST:
OFFIce OF tHE CITY CLERK
WHEAT RIDG&. CO 80033
c . THIS IS A TRUE AND CORRECT
!::: \ ,-;' \ COPY (EXAC'I') OF THE ORIGINAL
<:.J (, ~ ~ .,' .' \ \ DOCUMENT IN MY CUSTODY.
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C~j;,-;~(/ WANDA SANG. CIlY CLERK
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City of Edgewater
OFFICE OF THE CITY CLERK
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STATE OF COLORADO )
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COUNTY OF JEFFERSON)
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CITY OF EDGEWATER )
SSe
CERTIFICATE
I, Julie A. Calvert, City Clerk of the City of Edgewater,
Colorado, do hereby certify that the attached is a true and correct
copy of Ordinance #6-94 which was passed on final reading Mav 19,
1994.
In witness whereof I have hereunto set my hand and the
seal of the City of Edgewater this 8th day of June, 1994.
l ( l ~ {/~ ,/ c: ( t' LC 4:.
City Clerk
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2401 SHERIDAN BOULEVARD' EDGEWATER, COLORADO 80214 . 303/238.7803 EXT 10 FAX 303:238.7192