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Home My WebLink AboutResolution-2000-0023 RESOLUTION NO. 23-2000 Series of 2000 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF ARVADA FOR THE PURPOSE OF STREET ASPHALT OVERLAY WHEREAS, Section 14 2 of the Home Rule Charter of the City of Wheat Ridge provides express authority to enter rnto rntergovernmental agreements provldrng for cooperative efforts between governments; and WHEREAS, Wheat Ridge IS currently conductrng a street overlay prolect which rncludes Miller Street from W 49th Avenue to Ridge Road, and WHEREAS, Wheat Ridge and Arvada have discussed 10lntly overlaYing eXisting asphalt pavement from W. 49th Avenue to Ridge Road along Miller Street, herernafter called the Prolect, and WHEREAS, the Parties desire to cooperate to the fullest extent possible to ensure that the construction prolect IS accomplished according to the mutual desires of each party for the best rnterest of their respective Citizens. NOW, THEREFORE, BE IT RESOLVED that: See. 1 The Mayor of the City of Wheat Ridge IS hereby authorized to execute the Intergovernmental Agreement attached hereto with the City of Arvada to reconstruct the shared street known as Miller Street between W. 49th Avenue and Ridge Road. DONE AND RESOLVED THIS^ /, ." Day of II i"; 1...\ ,2000. " , . '('~, \. .-:"; r '!,"" "(".;<;1' , Gretchen Cerveny, Mayor Attest. Wanda Sang, City Clerk AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ARV ADA AND THE CITY OF WHEAT RIDGE FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO MILLER STREET ThIS Agreement, dated thIs 22nd day of May ,2000, IS by and between the CIty of Arvada, a Colorado mUnIcIpal corporatIon (heremafter "Arvada") and the City of Wheat RIdge, a Colorado mUnIctpal corporatIon (heremafter "Wheat RIdge") \VITNESSETH: WHEREAS, SectIOn 29-1-203, C.R.S, as amended, pen11lts and encourages local governments to make the most efficIent and effectIve use of thetr powers and responsibIlItIes by cooperatmg and contractmg wtth other local governments m order to proVide any lawfully authonzed functlOn, servIce, or faCIlIty; and WHEREAS, Wheat Ridge tS currently overlaymg the eXIstIng bItumInOus pavement on ItS portlOn of Miller Street from West 49th to RIdge Road and IS wIllmg to lllclude Arvada's portIOn of Miller Street from West 49lh to RIdge Road (hereafter the "Project"), as shown on Exhibtt "A" of this Agreement; and WHEREAS, Arvada has appropnated funds from ItS 2000 budget suffiCIent to reImburse Wheat RIdge for the work to be done on Arvada's portIon of Miller Street, at the costs reflected on ExhibIt "B" of thIs Agreement; and WHEREAS, the PartIes deSIre cooperate to the fullest extent possible to ensure that the constructIOn of the ProJect IS accomplIshed accordmg to the mutual deSIres of each party for the best mterests of theIr respectIve CitIzens. NOW, THEREFORE, m consIderatIOn of the above and the mutual covenants made hereIn, the Parties hereby agree as follows 1 0 SCOPE OF WORK. I 1 Wheat RIdge shall proVIde the destgn, contractor, constructlOn mspectlOn, and contract admmlstratlOn for the Project, and to thIS end, has awarded a constructIOn contract to Asphalt SpeCIaltIes Company, Inc (hereafter "Contractor"), for constructlOn of the Project. 1.2 Wheat Ridge wIll coordmate constructlOn acttVltles between Contractor and Arvada, and wIll gIVe Arvada at least one (I) week's advance notIce Pfl')f to commencement of constructIOn wlthm Arvada. 1.3 Contractor shall prOVide performance and payment bonds In the amount of one hundrcd percent (100%) of the value of the contract. 1 4 Arvada may mspect the Project, but shall commUlllcate to Contractor through Wheat Ridge 2 0 TERt'Y1. The tenn ofthls Agreement shall be from commencement of constructIOn of the Project, whIch shall be approxImately June 2000, and tennInatIOn shall be upon the completIOn of the Project and payment therefore, or no later than December 31, 2000, whtchever shall first occur 30 COMPENSATION AND PAYMENT. 3 1 Arvada shall allocate funds from the 2000 budget m an amount not to exceed $15,000, as reflected III ExhibIt "B," attached hereto and lllcorporated herem, to retmburse Wheat RIdge for Arvada's portIOn of the Project. 3.2 CompensatIon shall be paId by Arvada to Wheat RIdge wlthlll thIrty (30) days of receIpt of InVOIce from Wheat RIdge, upon acceptance of the work and final mspectlon by Arvada. 40 TERlYIS AND CONDITIONS. 4 1 Wheat RIdge and Arvada hereby agree that, upon executIOn ofthls Agreement and commencement of the ProJect, they wIll cooperate WIth each other to the fullest extent III the schedullllg of the work, supervIsIOn, and reVIew, when applIcable, to ensure the successful completIOn of the ProJect. 4.2 Upon completIOn of the ProJect, the PartIes shall own the Improvements located wlthlll theIr cIty boundanes. 4.3 Each Party shall be responsible for Its own neglIgent acts. Wheat RIdge shall be solely responsible for the deSIgn, constructIOn, InspectIon, and admllllstratIOn of the ProJect, and shall be solely responsible for any lIabIltty resultmg from or relatlllg to the deSIgn, constructIOn, mspectIOn, and admmlstratIOn of the ProJect. 4 4 Each Party shall reImburse the other Party for any costs, expenses, or legal fees that eIther Party may lllcur for any lIabIlIty resultmg from the neglIgent acts of the other Party 60 \V ARRANTY. The PartIes agree that any contracts awarded for the perfonnance of the Project shall be warranted by the selected Contractor for a one (1) year penod, and that surety be prOVIded for enforcement of thIs warranty 7 0 INSURANCE. 7 1 Dunng the tenn ofthts Agreement, both PartIes shall mallltalll property and general lIabilIty msurance polICles, III the amounts reqUIred by the Colorado Governmental 2 Inunumty Act (SectIOn 24-10-101, C.R.S., et~) 1I1sunng them from claIms ans1l1g from the ProJect. 7.2 Both Wheat RIdge and Arvada shall reqUIre that all contractors, subcontractors, and independent contractors employed by both PartIes for the Project mall1tam property, general lIablhty, and statutory worker's compensatIOn 1I1surance 111 such amounts as to msure Wheat RIdge and Arvada to the statutory lImits of theIr lIabIlIty 80 ADDITIONAL DOCUMENTS OR ACTION The Parties agree to execute any addItIOnal documents or take any addItIOnal actIOn that IS necessary to carry out thIS Agreement. 9 0 ASSIGNMENT ThIS Agreement shall not be assigned by eIther Party WIthout the pnor wntten consent of the other Party 100 FORCE MAJEURE. Any delays 111 or faIlure of performance by any Party of hIS or ItS oblIgatIOns under thIS Agreement shall be excused If such delays or faIlure are a result of acts of God, fires, floods, strikes, labor dIsputes, aCCidents, regulatIons or orders of CIvil or mIlItary authontIes, shortages of labor or matenals, or other causes, Similar or dISSImIlar, whIch are beyond the control and such Party. 11 0 BINDING EFFECT ThiS Agreement sha1l1l1ure to the benefit of, and be bmd1l1g upon, the PartIes, theIr respectIve legal representatIves, successors, heIrs, and assigns, provtded, however, that nothmg 111 thIS paragraph shall be construed to permIt the assIgnment of thIS Agreement except as otherwIse expressly authonzed herem. 12.0 EXHIBITS All exhibIts referred to 111 thIS Agreement are, by reference, mcorporated herem for all purposes. 13 0 NOTICES Any notice requIred or permItted by thIS Agreement shall be m wntmg and shall be deemed to have been suffiCIently given for all purposes If sent by certtfied maIl or registered maIl, postage and fees prepaId, at the address set forth on the stgnature page below, or at such other address as has been previously furnished m writ1l1g, to the other Party or PartIes. Such notIce shall be deemed to have been gIven when deposIted m the Umted States mall. 140 PARAGRAPH CAPTIONS The captIOns ofthe paragraphs are set forth only for the convemence and reference of the PartIes and are not mtended m any way to define, lImIt or describe the scope or mtent of thIs Agreement. 150 INTEGRATION AND AMENDMENT ThIS Agreement represents the entire agreement between the PartIes and there are no oral or collateral agreements or understandmgs. This Agreement may be amended only by an 1I1strument m wntmg Signed by the PartIes. If any other proVISIOn of thIs Agreement IS held invalid or unenforceable, no other proVISIOn shall be affected by such holdmg, and all ofthe remammg proVISIOns of this Agreement shall contmue 111 full force and effect. 3 16 0 DEFAULT. Time IS of the essence If any payment or any other condition, oblIgatIOn, or duty IS not tImely made, tendered or performed by eIther Party, then thIS Agreement, at the optIon of the Party who tS not m default, may be term mated by the nondefaultmg Party, m whIch case, the nondefaultmg Party may recover such damages as may be proper If the nondefaultmg Party elects to treat this Agreement as bemg in full force and effect, the nondefaultmg Party shall have the nght to an actIOn for speCIfic performance or damage or both. 17 0 WAIVER OF BREACH. A waiver by any Party to tIllS Agreement of the breach of any term or proVISIOn of thiS Agreement shall not operate or be construed as a waiver of any subsequent breach by eIther Party 180 shall pay all Agreement. ATTORNEY'S FEES If any Party breaches thIS Agreement, the breachmg Party of the prevallmg Party's reasonable attorneys' fees and costs m enforcmg thIS 19 0 GOVERNING LAW AND VENUE. Tills Agreement shall be governed by the laws of the State of Colorado Venue for any actIOn ansmg under thIS Agreement or for the enforcement of thIs Agreement shall be m the appropnate court for Jefferson or Adams County, Colorado 200 GOVERNMENTAL IMMUNITIES. 20 1 The PartIes hereto understand and agree that lIabIlIty for claIms and mJunes to persons or property an sing out of the acts or omISSIOns of eIther Party IS controlled and lImIted by the Colorado ConstItutIOn and the Colorado Govemmental Immumty Act (SectIon 24-10-101, c.R.S., et~) 20.2 Arvada and Wheat Ridge agree that m the event any claim or SUIt IS brought agamst eIther or both Parties by any thIrd Party as a result ofthe operatIOn ofthls Agreement, that both PartIes wIll cooperate WIth each other, and WIth the msunng entitIes of both Parties, m defendmg such claim or SUIt. 210 COUNTERPART EXECUTION. ThIS Agreement may be executed m several counterparts, each of whIch shall be deemed an ongmal, and all of whIch together shall constitute one and the same mstrument. 4 ATTEST Ctty Clerk CITY OF ARV ADA, a Colorado municIpal corporatIon Ken Fellman, Mayor 8101 Ralston Road POBox 8101 Arvada, CO 80001-8101 APPROVED AS TO FORM CIty Attomey CITY OF WHEAT RIDGE, A Colorado oratIon ~:;JlI~ 5