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Home My WebLink About1993 Ordinance No. 038\ • • • ORDfNANCE NO . .Jl SERIES OF 1993 BY AUTHORITY COUNCIL BILL NO . 39 fNTRODUCED BY COUNCIL MEMBER BULLOCK AN ORDINAN CE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CHERRY HILLS VILLAGE AN D THE CITY OF ENGLEWOOD WHICH SETS FORTH EACH ENTITY'S COSTS FOR THE MIC ROSURFACfNG OF A PORTION OF SOUTH CLARKSON STREET . WHEREAS, the City of Engle wood has incl uded the mic rosurfacing of Clarkson Street in the 1993 Microsurfocing Program ; r :1rl ' WHEREAS, a portion of Clarkso n Street li es in Cherry Hill s Village ; and WHEREAS , such agreement se ts forth 12.8% as Cherry Hill s Village Microsurfacing fin a l proj ect costs, up to a maxi mum of $10,000; NOW , THEREFORE , BE IT ORDAI NED BY THE CITY COUN CIL OF TH C CITY OF ENGL EWOOD , COLORADO, AS FOLLOWS : Sectimi..J.. The Ci ty Council of the City of Englewood hereby approves the intergovernmental agree m ent between Cherry Hill s Village and the City of Englewood for th e Mi cro surfaci ng of a portio n of South Cla rkson Street which li es in both entities boundaries . ~.11..l-The Agr ee m ent generally contains as follows: A. The City of Englewood, olorado shall perform the followin g services: The City of Engl e wood shall pe rfo rm a ll necessary Microsurfacing on Clarkso n between U.S. 285 south to Bell eview Avente, including Cherry Hill s Village portion of Clarkson. The Cherry Hills Village Microsurfacing consists of 12.8% of the final proj ect costs, up to a maximum of $10,000.00. B . Englewood Microsurfacing has been designed for and constructed on selected materials and collectors in Englewood , including Broadway north of 285 and the Englewood Parkway. Thi s pTOduct requires an experienced contractor and specialized construction equipme nt for continuous Jaydown . Additionally, th e so urce of aggregate a nd ch e mical binder formulation are strictly co ntrolled. C . Ch e rry Hill s Village after review and approval of t he Micro !l urfacing shall pay up to a maximum ofSI0,000. D . Cherry Hill • Village shall give approval after completion of the project based upon reasonable sta ndards in th e industry. E . The Contra ct may not b e modified, amended or otherwise altered unless mutually agreed upon in writing by the parties . -1- IOb • • • F . The IA!rms and condition s of the Contract shall be binding upon each City, its successors and assigns . G . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Cherry Hills Villa,:e and the City of Englewood. H . Th e righ t of Cherry Hill s Village does not incl ud e the right to require the City of Engl ewood to do work on any str eet other than Clarkson. Introduced , rea d in full, and passed on first reading on the 19th day of July, 1993 . Published as a Bill for an Ordinance on the 22nd day of July, 1993. Re ad by title and passed on final r eading on the 2nd dsy of August, 1993 . Published by title as Ordinance No.Jl, Series of 1993, on the 5th day of August, 1993. ClydJ E. Wiggin s, ~ ATTEST : ~~lk1-0wr Patricia H. Crow , City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Co lorado, hereby certify that the above and forego ing is a true co py of th e Ordinance passed on fi nal reading and published by title as Ordinance No .~, Series of 1993 . f2a;fu;,;.,_w .~ Patri cia H. Crow .2. • • • CONTRACT THIS AGREEMENT, entered into this __ day of _____ ~ 1993 by and between the CITY OF ENGLEWOOD , WHOSE ADDRESS IS 3400 SOUTH ET.A.Tl STREET, E NGLEWOOD, COLORADO 80110, AND CHERRY HILLS VILLAGE . whose address is 2450 East Quincy Avenue, Englewoo d . Colorado 80110. that: TERMS OF CONTRACT IT L5 AGREED by and between the City of Engle wood and Cherry Hills Village 1. The (ity of Englewood. Colo rado , shall pe rform th e following ser .~ces: Th i.: City of Eng!ewoo c! shall perform all necessary Microsurfacing on Clark.son between L .S. 2S5 so uth to Belleview Avenue, including the CJ-, rry Hills Village portion of Clarkson . The Chc:rr-j Hills Vi ll :ige ~1 icrosunJcing con s ists of 12.8% of the fir.al project costs, up to a m:i.x imum ofSl0,000 .00. 2. Englewood :\licrosurfacing has l-e im desi&"Tieci for and constructed on selected materials and collectors in Engle woo~ .. including D!"'Jadway north of 2S5 and the Englewood Parkway . This product requires an experienced contractor and specialized construction equipment for continuous Jayt'.own. Additionally, the source of agg:-egate a, j chemical binder fonnuln.tion a.re strict:y t.:ontrolled . 3. The City of Englewood sh nl1 enter into a Contract -.-.;th a contractor to perform the work according to the attached pl a ns and specifications identified as Exhibit "A ". 4 . Cherry Hills Viliage after review and approval of the Microsurfacing shall pay up to a maximum ofSl0,000. 5 . The City of Englewood will proceed with the performance of the services called for in Paragraph No. 1 during 1993 , and the Contract shall terminate by December 31, 1993. €. Cherry Hills Village shall give approval after completion of the project ba sed ui:,011 reasonable standards in the industry. ' 7. Th, Co ntract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 8 . All notices :ind communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Charles Esterly, Director of Public Works City of Englewood 3400 South Elati Sm,et Englewood, Color3do 80110 • • • All no tices and communicntions pertaining to the Contract to be mailed or delivered to Cherry Hills Village at the following address: Cherry Hills Village Charle s S. Coward, City Manager 2450 East Quincy Avenue Engl,owood, Col orado 80110 9. The term s and conditions of the Contract shall be binding upon •ach City , its successors and assigns. 10. No thing here in shall be construed as creating any per so nal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder t o anyone oth er than the Cherry Hill s Village and the City of Englewood. ll. The right of Cherry Hills Village does not include the right to require the City oi Englewood to do wo rk on any street other than Clarkson. IN WITNESS WHEREOF, the parties here to have executed this Contract th e day and ye ar firs t written above. CITY OF ENGLEWOO D ATTE ST: C)..AE c~·= Clyde E.\Viggins, Ma Patricia H. Crow , City Clerk CHERRY HILLS VILLAGE ATTEST : -< 0---- • Date July 19, 1993 INillATED BY STAFF SOURCE COUNOL COMMUNICATION Agenda Item 11 C Department of Public Works Subject Cherry Hills Village Microsurfacing Agreement Charles Esterly, Director of Public Works ISSUE/ ACTION PROPOSED Staff seeks Council approval of a bill for an ordinance authorizing an Intergovernmental , Agreement wi th Cherry Hills Village for sharing the C051s of microsurfacing on South • Oarkson Street. Under this agreement, Cherry Hills Village will reimburse the City of Englewood for the cost of microsurfacing for the portion of South Clarkson Street that is located in Cherry Hills Village. PREVIOUS COUNOL ACTION None. BACKGROUND Englewood had included the microsurfacing of Clarkson Street in the 1993 microsw·facing program . Al the suggestion of Counci l, we opened discussions with Cherry Hills Village staff, and Chf ry Hills agreed to pay to up $10,~ for their portion of Oarkson Street. STAFF . AL YSIS The figure of $10 ,000 includes payment for crack sealing and repairs made to Clarkson prior to microsurfacing . We expect Cherry Hills' portion of the cost to be less than or equal to $10,000 . FINANOAL IMPACT • This agreement will crea te a re ven ue -of up to $10,000 for the Public Improvement Fund . Pflnl ed on Re cycled Paper ®