HomeMy WebLinkAboutResolution 2017-0032TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 32
Series of 2017
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE CITY AND COUNTY OF DENVER CONCERNING
ADDITIONAL CONSTRUCTION COSTS FOR EXTENDING
DENVER WATER DEPARTMENT CONDUIT WORK IN AN
AMOUNT NOT-TO-EXCEED $557 ,335.63
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 has completed design and awarded a contract for the
extension of a water supply conduit underneath Interstate 70; and
WHEREAS, Wheat Ridge wishes to assist with modifications to the design and
construction 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;
WHEREAS, the City Council desires to approve the terms of an agreement with
Denver under which Wheat Ridge may assist in modifying the water supply conduit
construction as necessary that will also permit timely construction of the hook ramps.
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 additional construction costs for
extending Denver Water Department conduit work, 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.
DONE AND RESOLVED this ~ay of ~)2017.
~J·/P9
ATTEST:
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL 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 will 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 construction
services for the aforementioned tunnel extension (the "Work").
2. The City and the Board would like the Board's construction contractor for its
cun-ently active Conduit 16 Tunnels with Open Cut Segments project ("Consultant") to complete
the Work. The total estimated cost for the Work is FIVE HUNDRED FIFTY-SEVEN
THOUSAND THREE HUNDRED THIRTY FIVE AND 63/100 DOLLARS ($557,335.63) 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
Contractor will provide construction services for the Work as shown on Exhibit B attached hereto
and incorporated herein by this reference.
3. DESIGN.
A. Board Responsibilities
(1) As requested by the City, Board representatives shall attend any
project progress meetings scheduled by the City and attend regularly scheduled
construction progress meetings to address issues related to the work.
(2) The Board will contract with its Contractor 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 FIVE HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED
THIRTY FIVE AND 63/100 DOLLARS ($557,335.63).
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 dewatering scope of work for the tunnel shaft will be tracked on a
Time and Materials basis and billed monthly. In the event that the final cost of the
dewatering is less than or more than the stated amount in Exhibit A, an amendment to this
agreement will be executed.
D. The Board shall invoice the City monthly until completion of the Work. The
monthly 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 monthly invoice in 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 tennination 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 City: Scott Brink, City of Wheat Ridge Director of Public Works,
7500W. 29th Avenue, Wheat Ridge, Co 80033-8001; sbrinkrdici.wheatridge.co.us
If sent to the Board: Ryan Haas, Construction Project Manager, Denver Water,
1600 West 12th Avenue, Denver Colorado 80204; rvan.haas@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
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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.
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 patties 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-
10-10 l, et~ .. 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]
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ATIEST:
By: ___ ~~~~~--~
James S. Lochhead
Secretary
APPROVED:
By: _________ _
Robert J. Mahoney
Chief Engineering Officer
APPROVED AS TO FORM:
Office of General Counsel
CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
By: -~~~~-----
Paula Herzmark
President
REGISTERED AND COUNTERSIGNED:
CITY AND COUNTY OF DENVER
By:----------
Timothy O'Brien, CPA
Auditor
CITY OF WHEAT RIDGE
APPROVED:
ATTEST:
ITY ATTORNEY:
July 18, 2017
Denver Water
1600 West 12th Avenue
Denver, CO 80204
Attn: Ryan Haas
e vnold 'l/f Construction
CHANGE REQUEST #01: A!ldilional C os'1 tor Adjusting and Extending Interstate 70 Tunnel !Revision OJ
RE: CONDUIT NO 18, TUNNEL INSTALLATIONS AT STATE HIGHWAY 58 & 93, BNSF RAILROAD CROSSINGS, & INTERSTATE 70 WITH OPEN CUT
SEGMENTS FROM STA 348+50.0D TO STA 410+24.17-DW Contract# 15453A
Description: As requested per Denver Water in Request for Quotation (RFQJ #001, this change request entails additional scope of work to comply to
extending and realigning the Interstate 70 (1-70)Tunnel.
The orl9lnal design called for a small angle right from the Butterfly Valve (BFV) vault at 408+65, then up to the 1·70 launch at station 409+40 where the tunnel
runs at a 0.00676 slope until the tunnel terminates at station 425+04.19. The original tunnel length was 1,564.19 feet.
The revised design aligns and straightens t the BFV vauU and ~70 tunnel with the open cut, then runs from the BFV towards the tunnel launch at station
409+08.00 where the tunnel runs at a 0.01222 slope until the tunnel terminates at station 425+03.66. The revised tunnel length Is 1,595.66 LF, which is an
increase of 31.47 leet. The launch pit is lower now and requires dewatering. This COR is based upon the assumption that the dewatering will be clean water
and any additlonal treatment of the dewatering water will be pursued via a separate change order request.
Anything above herein and in the attachments beyond the described scope shall De additional costs above and beyond this Change Request.
Ocerations:
Layne field crew and subcontractors when applicable.
Labor: --
C tassification I I
Total
10.0%
Eauiomant·
Unit I I
Total
10.0%
Subcnn•r•ctors:
Item I Unit I
Tunnel Extension (M'tehels) LS
Launch Pit Dewatering (Michels) LS
Carrier Pipe Welding (National Welding) EA
Carrier Ploe Groulfn~ (Colllacol EA
To1a1
5.0%
Materials:
Item I Unit I
Revised Carrier Pipe (Northwest Pipe) LS
Total
10.0%
EXTENDED COST OF MISC & INDIRECTS LS
HEAVY CIVIL
l:!2!.!tli
0.0
Hours
Hours
Quant.
1.0
1.0
2.0
2.0
Quant.
1.00
0
I Rate I
;.
Total Labor $
Labor Mark Up S
I Rate I
"
Total Equipment $
Equipment Mark Up $
I Rate I
$ 199,633.56 s
s 309,068.0U s
$ 6,985.00 s
$ 140.00 $
Total Subcontractors s
Subs Mark Up s
I Unit Price I
$ -$
Total Materials S
Materials Mark Up $
$
Cosl of Additional Work $
Extension
Extension
Extension
199,633.56
309,068.00
13,970.00
280.00
522,951.56
26,147.58
Extension
522,951.56
1775 E. 69th Street, Denver, CO 80229 I Office: 303.287.7700 J Fax: 303.287.1790 I layne.com
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7/18/2017 2:21 PM
Exhibit A
Total Mark Ups $ 26,147.58
Bond 1.5% $ 8,236.49
Total Cost $ 557,335.63
Sincerely, Denver Water RepresentatiVe
REYNOLDS CONSTRUCTION, LLC
Kevin Streit
Vice President
HEAVY CIVIL
Approved By: _________________ _
Date:
1775 E. 69th Street, Denver, CO 80229 I Office: 303.287.7700 I Fax: 303.287.1790 I layne.com
2 of2
7/18/2017 2:21 PM
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EXHIBIT B
C) DENWR WAll!R
miir·-~·
CONDUIT NO 15
PLAN & PRORLE 1-70 & APPLEWOoo \llL.UG[ WEST
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EXHIBITS
C) DENYER WATER
fJ Dewberr
CONDUIT NO 16
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EXHIBIT B
·-.. \ \ "\ , 6> DENVER WAJER
CONDUIT ND 1 S
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jj) D!NVER WAT!R
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