Loading...
HomeMy WebLinkAboutResolution 2017-0013CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2017 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING ENGINEERING SERVICES FOR THE EXTENSION OF A DENVER WATER DEPARTMENT CONDUIT WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Denver, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Denver is currently in the design stage for the extension of a water supply conduit underneath Interstate 70; and WHEREAS, Wheat Ridge wishes to assist that design in order to permit efficient scheduling of the construction of hook ramps for the 1-70-Youngfield interchange in order to facilitate development of certain property in Wheat Ridge; and WHEREAS, the City Council desires to approve the terms of an agreement with Denver under which Wheat Ridge may assist in providing the engineering services necess·ary to produce a design for the conduit extension that will also permit timely construction of the hook ramps; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said Intergovernmental Agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Agreement by and between the City and County of Denver and the City of Wheat Ridge concerning engineering services, attached to this Resolution and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same. ATTEST: INTERGOVERNMENTAL AGREEMENT THIS INTER GOVERNMENT AL AGREEMENT ("Agreement") is made and entered into between the City and County of Denver, acting by and through its Board of Water Commissioners ("Board"), a municipal corporation of the State of Colorado, and the City of Wheat Ridge ("City"), a municipal corporation of the State of Colorado. RECITALS 1. The City is planning to contract for work related to the Interstate 70 Hook Ramps, which may include extension of the Board's Conduit 16 I-70 Tunnel in a way that would accommodate the construction of the City's Hook Ramps. The City's project requires engineering design services for the aforementioned tunnel extension (the "Work"). 2. The City and the Board would like the Board's engineering consultant for its Conduit 16 work ("Consultant") to complete the Work. The total estimated cost for the Work is TWENTY-TWO THOUSAND THREE HUNDRED SEVENTEEN AND 00/100 DOLLARS ($22,317 .00) as shown on Exhibit A attached hereto and incorporated herein by this reference. 3. In accordance with the Colorado Constitution and the Charter of the City and County of Denver, the City and the Board are authorized to enter into agreements of this nature. NOW, THEREFORE, the Board and the City agree as follows: 1. COORDINATION AND LIAISON. A. The Board's Director of Engineering is the Board's authorized representative for purposes of performing the Board's obligations under this Agreement. The Board may change its authorized representatives at any time by providing written notice to the City of such change. 2. THE WORK. A. Subject to the terms and conditions of this agreement, the Board's Consultant will provide engineering services for the Work. 3. DESIGN. A. Board Responsibilities (1) As requested by the City, Board representatives shall attend any design meetings scheduled by the City and attend regularly scheduled design meetings to address issues related to the work. (2) The Board will contract with its Consultant to perform the Work. 4. REIMBURSEMENT. A. The City agrees to reimburse the Board for actual costs associated with the Work in the amount of TWENTY-TWO THOUSAND THREE HUNDRED SEVENTEEN AND 00/100 DOLLARS ($22,317.00). Attachment 2 B. In the event the Board determines that the cost of the Work will exceed the preceding cost estimate, the Board shall provide notice to the City and shall have no obligation to proceed further with the Work until the parties amend this Agreement to fund any additional costs of the Work. C. The Board shall invoice the City upon completion of the Work.The invoice shall include a detailed accounting of the actual cost expended for the Work by the Board. The City shall review the invoice and, unless the City disputes the invoice or the Work as completed, shall pay the invoice in one lump sum payment within thirty (30) days of the receipt of the invoice. 5. RECORDS AND AUDITS. The Board shall at all times maintain a system of accounting records in accordance with its normal procedures, together with supporting documentation for all Work under this Agreement, which shall be made available for audit and reproduction by the City at the City's request. The parties agree that, for a period of at least three (3) years from the final scheduled payment under this Agreement, any duly authorized representative of the City or the Board, including the City Auditor or the City Auditor's designee, shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the parties involving the transactions and other activities related to this Agreement. 6. BEST EFFORTS. The City and the Board agree to work diligently together, and in good faith, using their best efforts to resolve any unforeseen issues and disputes regarding the design, construction, completion, and acceptance of the Work. 7. OWNERSIDP AND MAINTENANCE. The Board shall own the completed Work. 8. LIABILITY. Each party shall be liable for the errors and omissions of its agents and employees to the extent provided by the Colorado Governmental Immunity Act. This obligation shall survive termination of the Agreement. 9. NOTICES. All notices required or given under this Agreement shall be in writing and shall be deemed effective: (a) when delivered personally to the other party; or (b) seven days after posting in the United States mail, first-class postage prepaid, and properly addressed as follows; or ( c) when sent by email transmission and the receipt is confirmed by return email transmission. If sent to the Citv: Scott Brink, City of Wheat Ridge Director of Public Works, 7500W. 29th Avenue, Wheat Ridge, Co 80033-8001; sbrinktpci.wheatridge.co.us If sent to the Board: Jim Light, Engineering Design Project Manager, Denver Water, 1600 West 12th Avenue, Denver Colorado 80204; jim.licllt@denverwater.org or such other persons or addresses as the parties may have designed in writing. 10. NO DISCRIMINATION IN EMPLOYMENT. In connection with the performance of work under this Agreement, the parties agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability. The parties further agree to insert the foregoing or a similar provision in all contracts entered into in furtherance of this Agreement. 2 11. CONFLICT OF INTEREST. The parties agree that no official, officer, or employee of the City or of the Board shall have any personal or beneficial interest whatsoever in the Work, related services, or property described herein. 12. SUBJECT TO LOCAL LAWS; VENUE. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law, the Charter of the City and County of Denver, and the applicable ordinances, regulations, executive orders, or fiscal rules, enacted or promulgated pursuant thereto. The Charter and Revised Municipal Code of the City and County of Denver, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for any legal action relating to this Agreement shall lie in the District Court in and for the City and County of Denver, Colorado. 13. GOVERNMENTAL IMMUNITY ACT. The parties understand and agree that the parties are relying upon and have not waived the monetary limitations and all other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as it may be amended from time to time. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Board and the City as to the subject matter hereof, and it replaces all prior written or oral agreements and understandings. 15. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement shall be strictly reserved to the City and the Board; nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or third party. 16. EXECUTION OF AGREEMENT. This Agreement is expressly subject to, and shall not be or become effective or binding on the City and the Board until fully executed by all signatories of the Board and the City. 17. EFFECTIVE DATE AND TERMINATION. This Agreement shall become effective as of the date set out on the first page hereof, upon execution by both parties. This Agreement shall expire, unless earlier terminated or otherwise stated herein, upon completion of the Work. Either party may terminate the Agreement on thirty days' written notice for cause in the event the other party fails to comply with any term or condition contained herein. 18. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. The Board consents to the use of electronic signatures by the City. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the City and the Board. The parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The parties agree not to object to the admissibility of the Agreement in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record, an electronic signature, that it is not in its original form, or is not an original. [END OF PAGE] 3 APPROVED: By:_~--------­ Robert J. Mahoney Chief Engineering Officer APPROVED AS TO FORM: By:~~~~~~~~~~­ Office of General Counsel CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS By: __________ ~ James S. Lochhead President DATE: ----------- REGISTERED AND COUNTERSIGNED: CITY AND COUNTY OF DENVER By: ___________ _ Timothy M. O'Brien, CPA Auditor CITY OF WHEAT RIDGE CITY ATTORNEY: Gerald Dahl, City Attorney 1