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HomeMy WebLinkAboutResolution-1995-1473 RESOLUTION NO. 1473 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge provides express authority to enter into intergov- ernmental agreements providing for cooperative efforts between governments; and WHEREAS, The City of Edgewater would like the city of Wheat Ridge to provide preventive maintenance services and emergency call out to maintain intersection traffic signals within the jurisdiction of the City of Edgewater; and WHEREAS, the City of Edgewater does not have the staff or technical expertise required to maintain and repair intersection traffic signals, and the City of Wheat Ridge has the personnel, equipment and expertise required to provide the preventive maintenance and emergency callout; and WHEREAS, In the spirit of cooperation, Wheat Ridge has agreed to provide preventive maintenance services and emergency callout to maintain intersection traffic signals within the City of Edgewater. In order to insure that these services are accomplished according to the mutual desires of each parties, 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 preventive maintenance services and emergency callout on a 24 hour basis to maintain traffic signals within the jurisdiction of the city of Edgewater DONE AND RESOLVED THIS 12th day of June, 1995 ~~ DAN WILDE, MAYOR ATTEST: INTERGOVERNMENTAL AGREEMENT- THIS AGREEMENT MADE AND ENTERED INTO THIS 12th DAY OF June 1995, 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 "Whea:t Ridge", and the city of Edgewater, with offices at 2401 Sheridan Boulevard, Denver, Colorado 80214, County of Jefferson, state of Colorado, a home rule municipality, 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 currently operates intersection traffic signals, at West 20th Avenue and Depew street, West 20th Avenue and Harlan Street and West 24th Avenue and pierce street; school zone signals at otis Street and West 20th Avenue, pierce Street and West 24th Avenue and pierce Street at West 25th Avenue; and fire signals at Grey Street and West 25th Avenue and Grey Street and West 26th Avenue hereinafter referred to as "signals"; and WHEREAS, Edgewater does not have the staff or technical expertise required to maintain and repair these signals and has asked Wheat Ridge to provide preventive maintenance services and emergency callout on a 24 hour basis to maintain these signals in a satisfactory operating condition; and, WHEREAS, Edgewater is currently contracting with a contractor for provision of preventive maintenance and emergency services for the signals; and WHEREAS, Wheat Ridge's Traffic Maintenance Division has personnel, equipment and expertise required to provide the pre- ventive maintenance and emergency callout services to maintain Edgewater's signals in satisfactory operating condition; and, WHEREAS, The Parties desire to cooperate to the fullest extent possible to ensure that the maintenance and operation of Edgewater's signals are accomplished according to the mutual desires of each party for the best interests of their respective citizens. one of five NOW, THEREFORE, in ~der to accomplish the abc stated desires, and in consideration of the mutual covenants anti promises herein set forth, the Parties agree as follows: 1. Emergency work is warranted by one or more of the following conditions: total black out, major intersection signal on flash, when conflicting indications are displayed, signal pole or cabinet knock downs and where there- are less than two intersection signal indicators showing for any direction. 2. Access to the interior of the controller cabinets shall be limited to Wheat Ridge traffic maintenance personnel. When the signal timing malfunctions so that it creates a major traffic delay, the Edgewater police may place the signal on flash through use of the "police panel". Each time the signal con- troller cabinet is opened, a report must be filed with the Wheat Ridge's Traffic Maintenance Supervisor who will log the incident. The report shall state the time and date of the work, location of the work and work performed and the person performing the work and shall be made within 1 working day of the incident. In the event the Edgewater Police Department places a signal on flash, or there is a malfunction of the controller or other equipment, Wheat Ridge's standby person shall be notified of the event. The standby person and the Edgewater Police Department will determine if the situation warrants an emergency response as described in Paragraph 1. In the event a change in intersection timing is desired by Edge- water, the requested timing change information will be given to Wheat Ridge I s Traffic Maintenance Supervisor who will schedule requested changes with his staff. 3. The parties understand and agree that Wheat Ridge will provide preventive maintenance and emergency callout serv- ices to maintain Edgewater I s signals in satisfactory operating condition. 4. Wheat Ridge will provide continuous maintenance and emergency services on a 24 hour basis. In instances where unscheduled maintenance or repair is required, but is not of an emergency nature, repairs shall be initiated within one working day of notification of the problem. In the event of an e~ergency condition, Wheat Ridge I s on call staff will generally respond within one hour of the callout. In the event there are multiple signal outages in either or both Wheat Ridge and Edgewater caused by storms, area power outages, accident or other circumstances, the Traffic Maintenance Division will prioritize scheduling of emergency response services based upon the intersection(s) most severely impacted by a signal outage or malfunction. two of five 5. Wheat Ridge will provide for the 1'llC'lintenance of the following items: Signal heads, flashing beacons, bulbs, span wire, mast arms, pedestal poles, pole hardware, pull boxes, conduit runs, wire runs, detection loop installations and controller cabinets and their contents. Wheat Ridge will also perform adjustments to sagging or excessive slack in overheads to maintain the standard clearance height of. 16 to 17 feet above roadway crowns as much as existing facilities will allow and will maintain signal installations in neat configuration. 6. Wheat Ridge will be provide for preventive main- tenance of signal installations. Work included will include a once a year replacement of bulbs in all signal heads, a visual inspection of the cabinet and its contents. General preventive maintenance will be performed with deficien- cies noted and repaired. The Conflict Monitor will be tested and certified during performance of the preventive maintenance. A certificate of test will be filed and documented. ings to required nero 7. Wheat Ridge will limit personnel and equipment bill- Edgewater for performance of services to the minimum to perform required tasks in a safe and efficient man- 8. In the event a knock down or other major malfunction in a signal installation occurs that is beyond the scope of this agreement or beyond the capabilities of Wheat Ridge's personnel, Wheat Ridge will engage, on Edgewater I s behalf, a private con- tractor to provide the required maintenance services. In this event, Edgewater will be contacted and authorization obtained before any work is performed by the contractor. Billings for materials, labor, and equipment will be made directly to Edgewater by the Contractor. Wheat Ridge will provide, subject to prior approval of Edgewater, supervision and inspection of work performed by the Contractor under the terms of this Agreement. 9. Required repairs to equipment which require expendi- ture of funds or rental of equipment such as controller repairs, conflict monitor testing, replacement loops, conduit repairs, replacement parts such as new signal heads, cabinet contents, bulbs, etc., will be billed to Edgewater on the basis of actual cost of equipment rentals or materials, plus shipping, plus an additional 10% for Wheat Ridge administrative fees. 10. Wheat Ridge may temporarily supply major cabinet components such as a traffic controller, a conflict moni- tor or other cabinet component to maintain a traffic signal in operation. In this event, costs incurred by Wheat Ridge asso- ciated with this item will be billed to Edgewater. three of five 11. Edgewa""C:"er will reimburse Wheat J ,ge for the cost for Wheat Ridge personnel and equipment at the rollowing rate: EQUIPMENT Bucket Truck 1 ton service truck 1/2 ton service truck compressor w/tools small loader large loader $55.00/ hour 10.25/hour 10.25/hour 12.35/hour n.50/hour 42.50/hour PERSONNEL IMSA II, Traffic supervisor IMSA II, Traffic Technician IMSA II, Traffic Technician 32.14/hr l8.09/hr 15.82/hr (no overtime) ($27.13/hr OT) ($23.74/hr OT) ($21. 46/hr OT) Operator I 14.32/hr Other Wheat Ridge personnel will be billed at actual hourly rate (or overtime rate) plus 50% for overhead and benefits. 12. Wheat Ridge will send billings to Edgewater for personnel and equipment time on a monthly basis. Copies of billings to Wheat Ridge for materials, outside servJ.ces and equipment rentals required for maintenance of provision of signal maintenance will be provided to Edgewater with the monthly billing that requests payment from Edgewater. Edgewater agrees to make payment to Wheat Ridge within 30 days of submission of billings from Wheat Ridge. l3. This agreement shall be in force from the date of execution through December 31, 1995. The agreement may be re- newed and remain in effect for additional one year terms upon mutual agreement of both Edgewater and Wheat Ridge for subsequent years. In the event the agreement is extended for additional years, Wheat Ridge reserves the right to change the hourly rates for equipment and personnel on the renewal date of the Agreement to accommodate changes in compensation for personnel or increased costs associated with operating and maintaining equipment with 30 day written notice to Edgewater. 14. This agreement may be terminated by either party upon 30 day written notice to the other party with no penalty or damages. Upon termination of the Agreement, Wheat Ridge will submit copies of all maintenance records to Edgewater and Edgewater will submit payment to Wheat Ridge for all legitimate billings outstanding. 15. Each party shall include the other as an additional insured on its liability policy, for the activities which are the subject of this Agreement. four of five 16. Each r:=rty shall be responsible [" its own negli- gent acts. Each party shall reimburse the ot1i.er 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. l7. The Agreement embodies the entire understanding of the Parties and shall be deemed to be a contract extending and binding upon Parties hereto, their representatives, agents, administrators, successors and assigns. ENTERED INTO this ~ day of June, 1995. CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE A COLORADO MUNICIPAL CORPORATION L~-Ld. ) DAN WILDE, MAYOR ATTEST: //" , APPROVED AS TO- fORM,: _/// ,//:~; - J / J/.L,,-<$.:>t// c_'/->/~; L,,?/;"_/ CITY ATTORNEY CITY OF EDGEWATER CITY OF EDGEWATER A COLORADO MUNICIPAL CORPORATION ~tUY )r1 (l~ , I ROGER MARIOLA, MAYOR APPROVED AS TO FORM: 12~~ CITY ATTORNEY-