HomeMy WebLinkAboutResolution-2002-0013
RESOLUTION NO 13-2002
Series of 2002
TITLE
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE TOWN
OF MOUNTAIN VIEW FOR THE PURPOSE OF CRACK FILL AND
SLURRY SEAL
WHEREAS, Section 142 of the Home Rule Charter of the City of Wheat
Ridge provides express authority to enter into intergovernmental agreements providing for
cooperative efforts between governments, and
WHEREAS, Wheat Ridge is currently conducting a street crack fill and slurry
seal project which includes 41 st Avenue from Sheridan to Fenton Street; and
WHEREAS, Wheat Ridge and Mountain View have discussed jointly crack
filling and slurry sealing pavement from Sheridan to Fenton along 41 st Avenue, and
WHEREAS, the Parties desire to cooperate to the fullest extent possible to
ensure that the construction project is accomplished according to the mutual desires of
each party for the best interest of their respective citizens
NOW, THEREFORE, BE IT RESOLVED that:
Sec 1
The Mayor of the City of Wheat Ridge IS hereby authorized to execute
the Intergovernmental Agreement attached to hereto with the Town
of Mountain View to crack fill and slurry seal the shared street known
as 41 st Avenue between Sheridan and Fenton S1.
DONE AND RESOLVED THIS I ~ Day of
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,2002
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Attest:
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Wanda Sang, City Clerk
AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN THE TOWN OF MOUNTAIN VIEW AND THE CITY OF WHEAT
RIDGE FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 41st
AVENUE BETWEEN FENTON STREET AND SHERIDAN BOULEVARD
This Agreement, dated this 13th day of May, 2002, is by and between the Town of
Mountain View, a Colorado municipal corporation (hereinafter "Mountain View") and the
City of Wheat Ridge, a Colorado municipal corporation (hereinafter "Wheat Ridge")
WITNESSETH
WHEREAS, Section 29-1-203, C R S , as amended, permits and encourages local
governments to make the most efficient and effective use of their powers and
responsibilities by cooperating and contracting with other local governments in order to
provide any lawfully authorized function, service, or facility; and
WHEREAS, Wheat Ridge is currently slurry sealing & crackfilling the existing
bituminous pavement on its portion of West 41 st Avenue from Fenton Street to Sheridan
Boulevard, and is willing to include Mountain View's portion of West 41st Avenue from
Fenton Street to Sheridan Boulevard (hereafter the "Project"), as shown on Exhibit "A" of
this Agreement; and
WHEREAS, Mountain View has appropriated funds from its 2002 budget sufficient
to reimburse Wheat Ridge for the work to be done on Mountain View's portion of the
Project, 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 according to the mutual desires of each
party for the best interests of their respective citizens
NOW, THEREFORE, in consideration of the above and the mutual covenants made
herein, the Parties hereby agree as follows
1 0 SCOPE OF WORK.
1 1 Wheat Ridge shall provide the design, contractor, construction
inspection, and contract administration for the Project, and to this end,
has awarded a construction contract to Intermountain Pavement
Preservation, LLC (hereafter "Contractor"), for construction of the
Project
1 2 Wheat Ridge will coordinate construction activities between the
Contractor and Wheat Ridge, and will give Mountain View at least one
(1) week's advance notice prior to commencement of construction
Projects\S.PM-03.02 .Cracksea I.S 1 u rry\Leg a1\1 GA MtnView
PUBLIC WORKS DEPARTMENT
within Mountain View
1 3 Contractor shall provide performance and payment bonds in the
amount of one hundred percent (I 00%) of the value of the contract.
1 4 Mountain View may inspect the Project, but shall communicate to the
Contractor through Wheat Ridge
2 0 TERM The term of this Agreement shall be from commencement of
construction of the Project, which shall be approximately May 2002, and
termination shall be upon the completion of the Project and payment
therefore, or no later than December 31, 2002, whichever shall first occur
30 COMPENSATION AND PAYMENT
3 1 Mountain View shall allocate funds from the 2002 budget in an
amount not to exceed $2,28060 , as reflected in Exhibit "8,"
attached hereto and incorporated herein, to reimburse Wheat Ridge
for Mountain View's portion of the Project.
3 2 Compensation shall be paid by Mountain View to Wheat Ridge within
thirty (30) days of receipt of invoice from Wheat Ridge, upon
acceptance of the work and final inspection by Mountain View
4 0 TERMS AND CONDITIONS
4 1 Mountain View and Wheat Ridge hereby agree that, upon execution
of this Agreement and commencement of the Project, they will
cooperate with each other to the fullest extent in the scheduling 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 within their city boundaries
4 3 Each Party shall be responsible for its own negligent acts Wheat
Ridge shall be solely responsible for the design, construction,
inspection, and administration of the Project, and shall be solely
responsible for any liability resulting from or relating to the design,
construction, inspection, and administration of the Project.
4 4 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
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PUBLIC WORKS DEPARTMENT
5 0 WARRANTY The Parties agree that any contracts awarded for the
performance of the Project shall be warranted by the selected Contractor for
a one (1) year period, and that surety be provided for enforcement of this
warranty
6 0 INSURANCE
6 1 During the term of this Agreement, both Parties shall maintain
property and general liability insurance policies, in the amounts
required by the Colorado Governmental Immunity Act (Section
24-10-101, C R.S , e-t EM ) insuring them from claims arising from the
Project.
6 2 Both Wheat Ridge and Mountain View shall require that all
contractors, subcontractors, and independent contractors employed
by both Parties for the Project maintain property, general liability, and
statutory worker's compensation insurance in such amounts as to
insure Wheat Ridge and Mountain View to the statutory limits of their
liability
7 0 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.
8 0 ASSIGNMENT This Agreement shall not be assigned by either Partywithout
the prior written consent of the other Party
9 0 FORCE MAJEURE. Any delays in 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 authorities, shortages of
labor or materials, or other causes, similar or dissimilar, which are beyond
the control and such Party
10 0 BINDING EFFECT This Agreement shall inure to the benefit of, and be
binding upon, the Parties, their respective legal representatives, successors,
heirs, and assigns, provided, however, that nothing in this paragraph shall be
construed to permit the assignment of this Agreement except as otherwise
expressly authorized herein
11 0 EXHIBITS All exhibits referred to in this Agreement are, by reference,
incorporated herein for all purposes
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PUBLIC WORKS DEPARTMENT
120 NOTICES Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes
if sent by certified mail or registered mail, postage and fees prepaid, at the
address set forth on the signature page below, or at such other address as
has been previously furnished in writing, to the other Party or Parties Such
notice shall be deemed to have been given when deposited in the United
States mail
13 0 PARAGRAPH CAPTIONS The captions of the paragraphs are set forth only
for the convenience and reference of the Parties and are not intended in any
way to define, limit or describe the scope or intent of this Agreement.
140 INTEGRATION AND AMENDMENT This Agreement represents the entire
agreement between the Parties and there are no oral or collateral
agreements or understandings This Agreement may be amended only by
an instrument in writing signed by the Parties If any other provision of this
Agreement is held invalid or unenforceable, no other provision shall be
affected by such holding, and all of the remaining provisions of this
Agreement shall continue in full force and effect.
15 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 is not in default, may be
terminated by the nondefaulting Party, in which case, the nondefaulting Party
may recover such damages as may be proper If the nondefaulting Party
elects to treat this Agreement as being in full force and effect, the
nondefaulting Party shall have the right to an action for specific performance
or damage or both
160 WAIVER OF BREACH A waiver by any Party to this 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
170 ATTORNEY'S FEES If any Party breaches this Agreement, the breaching
Party shall pay all of the prevailing Party's reasonable attorneys' fees and
costs in enforcing this Agreement.
18 0 GOVERNING LAW AND VENUE This Agreement shall be governed by the
laws of the State of Colorado Venue for any action arising under this
Agreement or for the enforcement of this Agreement shall be in the
appropriate court for Jefferson County, Colorado
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PUBLIC WORKS DEPARTMENT
19 0 GOVERNMENTAL IMMUNITIES.
19 1 The Parties hereto understand and agree that liability for claims and
injuries to persons or property arising out of the acts or omissions of
either Party is controlled and limited by the Colorado Constitution and
the Colorado Governmental Immunity Act (Section 24-10-101,
C R S , et seq )
19 2 Mountain View and Wheat Ridge agree that in the event any claim or
suit is brought against either or both Parties by any third Party as a
result of the operation of this Agreement, that both Parties will
cooperate with each other, and with the insuring entities of both
Parties, in defending such claim or suit.
20 0 COUNTERPART EXECUTION This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
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PUBLIC WORKS DEPARTMENT
ATTEST
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ity ler~
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City Clerk
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TOWN OF MOUNTAIN VIEW, a Colorado
Municipal Corporation
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Bett;'~. V'ani Hart~, 'M~~or --;',' ,
Town of Mountain View
4176 Benton St
Mountain View, CO 80212
APPROVED AS TO FORM
CITY OF WHEAT RIDGE, a Colorado
Municipa~ Corporation
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<t;retchen Cerveny, Mayor
7500 W 29th Avenue
'Wheat Ridge, Colorado 80215
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City Attorney
ProJects \S -PM-03-02.CraCKseal-S lu rry\Legal\1 GA MtnView
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PUBLIC WORKS DEPARTMENT
EXHIBIT 'A'
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43RD AVE
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EXHIBIT "B"
Slurry Seal & Crack Filling Costs
Project Location: North Side of West 41 5t Avenue (from centerline of the street), from
Fenton Street to Sheridan Boulevard
Slurry Seal Costs: 2, 567 S Y @ $ SOlS Y = $2, 05360
Crack Filling Costs: 227 LB @ $1 OOILB = $ 22700
Total Costs:
$2,280.60