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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 i I -I '/. C-t t '-<:' ; ,2002 / , ' ill . '.,1 ,.! , __u___) Attest: , ; I J '--- jl " j ..-/' I ' I ,,_,/._/, ", '-, 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 PrOjects \S.PM.03.02.C racksea I~S lu rrylLeg alII GA MtnView 2 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 P roj eels IS.PM.03.02 -c rackseal.S I u rrylLeg a III GA Mtn View 3 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 PrOjects \S.PM.03.02 -c racksea I-S lu rry\Leg a 1\1 GA MtnView 4 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. P rOjeets \S-PM-03-02 -c raeksea I-S lu rry\Leg a 1\IGA MtnView 5 PUBLIC WORKS DEPARTMENT ATTEST 1~ / ,"t ity ler~ I t.: ATTEST _r,. ~.,..,.......~ City Clerk t.. 'f"\... "" ..', ~ TOWN OF MOUNTAIN VIEW, a Colorado Municipal Corporation 7~ tZ ' / ,{/' ;7" 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 i /"(;';, i j," -/ . I . , , "_:'>1 l \ I ,,~ l~_l_ i.. ( '..t t.- ell t.J (1 <t;retchen Cerveny, Mayor 7500 W 29th Avenue 'Wheat Ridge, Colorado 80215 Zl?;;a~ City Attorney ProJects \S -PM-03-02.CraCKseal-S lu rry\Legal\1 GA MtnView 6 PUBLIC WORKS DEPARTMENT EXHIBIT 'A' ---.JI IL 43RD AVE MOUNTAINVIEW I- (f) l- I- (f) Z (f) :5 ~ 0::: PROJECT LIMITS <( 0::: I C) ;] I- 0 AVE I- z I- (f) I- ~ 39TH PL 0 (f) (f) I- Z Z ~ 0 (f) ~ w W I- W LL 0.... Z ~ I- W <( 0 I- W ~ (f) 0 (f) CD 39T 39TH AVE w 40TH AVE rn AVE z 0 0 (f) z <( ~ I <( U 0 0::: W I (f) 38TH AVE I! ALLEY ! I lnnnn 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