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HomeMy WebLinkAboutResolution-1996-1541 RESOLUTION NO. 1541 TITLE' A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF EDGEWATER FOR THE RECONSTRUCTION OF A PORTION OF HARLAN STREET. 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 Wheat Ridge is proposing to reconstruct Harlan Street from 28th Avenue north to the street terminus as part of its 1996 Local Streets Program, part of which is with the Edgewater City Limits, and WHEREAS, In the spirit of cooperation, Wheat Ridge hereby agrees to include Edgewater' s portion of Harlan Street in its 1996 Local Streets Program. Wheat Ridge will provide construc- tion management, inspection and surveying to Edgewater's portion of the project; and WHEREAS, In order to insure that project costs are equi- tably distributed between the Cities and that ownership and maintenance responsibilities are clarified, it is necessary to enter into an intergovernmental agreement with the City of Edge- water. 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 inclusion of Edgewater' portion of Harlan Street included in Wheat Ridge's 1996 Local Street Program DONE AND RESOLVED THIS 1st day of July, 1996 L; t? - ~;-LJ,v DAN WILDE, MAYOR ATTEST: ~ WANDA SANG, CITY CLERK ), , 1 INTERGOVERNMENTAL AGREEMENT ...... '. I- THIS AGREEMENT MADE AND ENTERED INTO THIS ,~ . /) DAY OF - ),'rI;:4.I(\' 1996, 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, 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, Wheat Ridge and Edgewater desire to jointly rehabilitate Harlan Street from West 28th Avenue to the north end of the street, hereinafter sometimes called the Project); and WHEREAS, Wheat Ridge is in the process of preparation of con- struction drawings and specifications for the City's annual Local Streets Improvement Program; and WHEREAS, Wheat Ridge is proposing to include Harlan Street from West 28th Avenue to the north end of the street segment in the 1996 Local Streets Improvement Program; 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 reconstruction of this segment of Harlan Street will be in accordance with the engineering standards mutually acceptable and beneficial to the Parties in order to bring this segment of Harlan Street to an acceptable service level as defined by each Party. 2. Wheat Ridge agrees to design, advertise, award a construction contract and provide construction administration for this segment of Harlan Street during its 1996 Local Streets Improvement Pro- gram. 3. The Parties --",gree that all proj ect costs including traffic control, mobilization, excavation, minor concrete repairs, place- ment of pavement material and related costs will be split based upon the portion of project work on the Project withln the corpo- rate limits of each Party. The proj ect costs for Wheat Ridge shall consist of the following' A. Construction costs as incurred by the lowest quali- fied 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. 4. The estimated Harlan Street is their share of the cost of the $32,000 00. improvements improvements Edgewater's is $1,900.00. to this segment of estimated cost for 5. After sealed bids are opened for the proj ect, 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 incentive bonus amount based upon Edgewater I s share of the proj ect 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 expense fund account and will make project related progress payments Upon completion of the project, Wheat Ridge will prepare a final project cost for Edge- water's share of the Project based upon actual quantlties 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 calendar days of written notice. In the event excess Edgewater funds remain after completion of the proj ect, Wheat Ridge will return these excess funds within 30 days after release of re- tained amounts to the contractor 6. Wheat Ridge agrees to contract with a licensed and reputable contractor for the 1996 Local Streets Improvement Project. 7. Wheat Ridge agrees to be responsible for the administration of the construction contract according to applicable state and federal laws. Edgewater agrees to assist as needed or requested to accomplish such administration. 8. Wheat Ridge agrees to prepare engineering estimates, adver- tise 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 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 for Edgewater's portion of the project will not be awarded with out prior approval of Edgewater. 9. 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 mutual- ly acceptable to both parties. The Contractor will be required to name Edgewater as an additional insured in his insurance policies. 10. The parties agree that the contractor to whom the Project is awarded shall be required to present a five (5%) percent bid bond, one hundred (100%) percent performance and labor and mate- rial payment bonds. The contractor shall also agree to a five (5%) percent retainage on periodic and final payments, and con- tractor's compliance any other statutory provisions required of the Parties. 11. Wheat Ridge agrees to prepare and issue all written change orders or work orders to the construction contract. Edgewater will be allowed to review any change orders to the Project. 12. 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 inspec- tion of the Project upon completion. 13. The Parties agree that each shall own the improvements locat- ed within their jurisdiction. 14. Each Party shall be responsible for its own negligent acts. Wheat Ridge shall be solely responsible for the design, construc- tion, inspection and administration of said Project, and shall be solely responsible for any liability resulting from or relating to said design, construction, inspection and administration 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. 15. This 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. CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE A COLORADO MUNICIPAL CORPORATION ATTEST: , .IL H A/~ DAN WILDE, MAYOR y' 1"/,' I" I 'I',. -LL - ) c.f_.<'" WANDA SANG, CITY CLERK, ' ~~$ CITY ATTORNEY CITY OF EDGEWATER CITY OF EDGEWATER A COLORADO MUNICIPAL CORPORATION ATTEST: I{ GC/l- ] . I I I ) I Gl't,( ( L,- ROGER MARIOLA, MAYOR / , , ...,,-. APPROVED AS TO FORM: -- INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT MADE AND ENTERED INTO THIS 1st DAY OF July 1996, 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, 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, Wheat Ridge and Edgewater desire to jointly rehabilitate Harlan Street from West 28th Avenue to the north end of the street, hereinafter sometimes called the Project); and WHEREAS, Wheat Ridge is in the process of preparation of con- struction drawings and specifications for the City's annual Local Streets Improvement Program; and WHEREAS, Wheat Ridge is proposing to include Harlan Street from West 28th Avenue to the north end of the street segment in the 1996 Local Streets Improvement Program; and WHEREAS, the Parties desire to cooperate to the fullest extent possible to ensure that the planning, engineering and construc- tlon 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 reconstruction of this segment of Harlan Street will be in accordance with the engineering standards mutually acceptable and beneficial to the Parties in order to bring this segment of Harlan Street to an acceptable service level as defined by each Party. 2. Wheat Ridge agrees to design, advertise, award a construction contract and provide construction administration for this segment of Harlan Street during its 1996 Local Streets Improvement Pro- gram 3. The Parties ~gree that all proj ect costs including traffic control, mobilization, excavation, minor concrete repairs, place- ment of pavement material and related costs will be split based upon the portion of project work on the Project within the corpo- rate limits of each Party. The project costs for Wheat Ridge shall consist of the following A. Construction costs as incurred by the lowest quali- fied 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. 4. The estimated Harlan Street is their share of the cost of the $32,000.00. improvements improvements Edgewater's is $1,900.00. to this segment of estimated cost for 5. After sealed bids are opened for the proj ect, 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 incentive 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 expense fund account and will make project related progress payments. Upon completion of the project, Wheat Ridge will prepare a final project cost for Edge- water's share of the Project based upon actual quantities 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 calendar days of written notice. In the event excess Edgewater funds remain after completion of the proj ect, Wheat Ridge will return these excess funds within 30 days after release of re- tained amounts to the contractor. 6. Wheat Ridge agrees to contract with a licensed and reputable contractor for the 1996 Local Streets Improvement Project. 7. Wheat Ridge agrees to be responsible for the administration of the construction contract according to applicable state and federal laws Edgewater agrees to assist as needed or requested to accomplish such administration, 8. Wheat Ridge agrees to prepare engineering estimates, adver- tise 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 review prior to bid openlng and any addendum thereto shall be submitted to Edgewater for review. Edgewater will be allowed to review all bids submitted and a contract for Edgewater' s portion of the project will not be awarded with out prior approval of Edgewater 9. 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 mutual- ly acceptable to both parties. The Contractor will be required to name Edgewater as an additional insured in his insurance policies. 10. The parties agree that the contractor to whom the Project is awarded shall be required to present a five (5%) percent bid bond, one hundred (100%) percent performance and labor and mate- rial payment bonds. The contractor shall also agree to a five (5%) percent retainage on periodic and final payments, and con- tractor's compliance any other statutory provisions required of the Parties. 11. Wheat Ridge agrees to prepare and issue all written change orders or work orders to the construction contract. Edgewater will be allowed to review any change orders to the Project. 12. 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 inspec- tion of the Project upon completion. 13. The Parties agree that each shall own the improvements locat- ed within their jurisdiction. 14. Each Party shall be responsible for its own negligent acts. Wheat Ridge shall be solely responsible for the design, construc- tion, inspection and administration of said Project, and shall be solely responsible for any liability resulting from or relating to said design, construction, inspection and administration 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. 15. This 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. CITY OF WHEAT RIDGE - CITY OF WHEAT RIDGE A COLORADO MUNICIPAL CORPORATION ~~r/& ) DAN WILDE, MAYOR ATTEST: CITY OF EDGEWATER CITY OF EDGEWATER A COLORADO MUNICIPAL CORPORATION ATTEST: ROGER MARIOLA, MAYOR BESS ANN BETHEL, CITY CLERK APPROVED AS TO FORM CITY ATTORNEY