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HomeMy WebLinkAbout1994 Ordinance No. 029ORDINANCE NO.~ SE ESOF 1994 BY AUTHORITY COUNCILBILLNO. 33 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTA', AGREEMENT BETWEEN l'HE CITY OF THORNTON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD "S ROTOMILLING SERVICES TO THE CITY OF THORNTON FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS. WHEREAS, the City of Englewood owns, operates and maintains a milling machine utili :~-d to remove the asphalt or concrete surface from roadways for the purpose of over' ... ying new asphalt or concrete: and I'. HEREAS , the City of Englewood currentl y provides rotomilling services to the Cities of West.m inster and Littleton in exchange for paint striping and concrete work ; and WHEREAS, thi s agreement wo uld provide the City of Thornton with rotomilling services by th e City of Engl ewood in exchange for Englewood"• choice of sand/salt, hot mixed asphalt, or crushed aggregate; and WHEREAS, both the City of Englewood and the City of Thornton would benefit from such an agreem e nt; NO W, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : lie!:lilm..l-The City Council of the City of Englewood, Colorado hereby approves the enteri ng into an intergove rnm e ntal agreement ,,.,;th the City of Thornton, Colorado for th e following exchange. The City of Englewood will provide the City of Thom ton with r otomi lling sen'ices and the City of Thornton will provide the City of Englewood with En glewood ·, choic e of sand/salt, hot mixed a5phalt. or crushed aggregate materi als. Th e terms of such contract are genera11y as follows : A . ResnonsihiJitir c. of Englewood : 1. Englewood shall make availahl• to Thornton its milling mach ine during the period between Ju.~e 20, 1994 and July 8, 1994, inclu sive, for th e purpose of milling approximately 33,166 square yards of asphalt at a depth of 1-1/2 inC'hes and approximately 2,018 square ya rds of cemen t concrete at a depth of 1-1/2 inches. 2 . Englewood shall perform , at all times, all repairs and maintenance to th e milling machin e necessary , including the time period in which th e milling machine is being used in Thornto n. 3. An employee or contractor of Englewood shall op erate the mill ing ma chine for Th ornton, al locations and speci fications dir ect.Id by Thornton during the specified time periods . If a contractor of Englewood -1- i1 uaed to perfonn the work, that cont.ractor ■hall be required by Englewood to indemnify the City of Thornton. 4 . Englewood ■hell make available to Thornton the milling machine at the lime opecified in the Agreement. Coot of both delivery to Thornton end return to Englewood shall be the reaponaibility of Thornton. 5 . Englewood ■hell maintain, al it■ own expenH, durinr the term of the Agreement, Worker's Compenaalion Insurance u required by the Labor Code of the State of Colorado, Employer', Liability Insurance, Commercial General Liability Inaurance, and Automobile Liability Insurance with minimum combined single limits or not less than $600,000 per occurrence . The insurance required above shall be provided through Englewood 's participation in a governmental insurance poo1 (CIRSA). B. Resnonsibilities of Thornton : I. Th ornton ah all reimburse Englewood for the use of the milling mer.hine by the provision of good s that ere normally purchased by Thornton to be id entified by Englewood from the following items: a ) send/salt b) hot mixed asphalt c) crushed aggregate 2 . Th e valu e of the goods suppl ied to Englewood by Thornton shell be equal in valu e to the cost of milling 33,166 square yards of asphalt J.1/2 inch es dee p and 2,018 square yards of cement concrete 1-1/2 inche, deep. The value of the above is $.35 per square yard. ln the event the amount of roadway m,. ed is Jess than or more than the above, the value of the good s pro,;ded to Englewood by Thornton shall equal the yardage milled limes $.35 per square yard. 3. The goods shell be delivered to Englewood by the vendor of the goods on ce the milling hes been completed and the total amount and nature cf the m;Jling hes been calculated. Once the amount has been calculated end agreed to by both parti es, Thornton shall complete a vendor purchase order for th e goods selected by Engl ewood in the amount of the value of the milling as calculated in Secti on B.2 . above. 4 . Thornton shall be responsible for all traffic control end material removal at the site of the milling work and any other work not associated directly with the operation of the milling machine itself. C . Assjgnment. The Agreement shall not be assigned by eitl:er party without the prior written con se nt of the other. D . lic2J.i.•. An y noti ce r equired or perr.,itted by the Agreement shall he in wri ting, and sh&!! be de emed to have been sufficiently given for ell purposes if sent by certifi~d me,; or registered mail , postage and fees prepaid , addressed to the porty to whom such noticu ia to be given at the eddres, set forth below , or et such other address e s has been previously furnish ed in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in th e U.S. Mai l. Th e noti ce shall be sen t t o: -2- City of Englewood StTeet Operations 2800 South Platte River Drive Englewood, CO 80110 City of Thornton Street Operation• 9500 Civic Center Drive Thornton, CO 80'l29 E . Paragraph G•ptjpns . The captions oft.he paragraphs are oet 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 the Agreement. F . lntegrotion and Amendment. Th e Agreement represents the entire agreem en t between the parties and there are no oral or collateral agreements or understandings. The Agreement may be amended only by an instrument in writing signed by the parties. If any oth er provision shall be affected by such holding, all of the remaining provisions of the Agreement shall continue in full force and effect. G. Waiver of Breech -A waiver by any party to the Agreement of the breach of any term or provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. H . Ymll.f . The Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in th e Coun ty of Arapahoe, State of Colorado. I . Torm . The Agreement shall terminate at such time as the condition stipulated herein is completed or upon 10 days advance written notice , whichever occurs first. In the event the Agreement is terminated by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. J . Compliance with Law . The work and services to be performed by the parties shall be done in compliance with applicable laws, ordinances, rules and regulations. K . Additionel Documents or Action . The parties agree to execute any additional documents or take any addi tional action th~t is necessary to carry out the Agreement. L . lndrn eodeot Contrec:tor . The partie s a ee that the emp loyees, contractors, and sub•contracto rs of one party are not in any way to be co nstrued as employees of the other party and as s uch each are independent contractors. Notwithstanding any provision appearing in th e Agreement, all personnel assigned by Englewood to perform work under the terms of the Agreement shall be , and remain at ~11 timr.s , employee s or agents of Englewood for all purposes. Further, e ll personn el assigned by Thornton to perforni work under th e te rms of th e Agreement shall be, end remain at all times, employees or agents of Thornton for all purposes . -3- M. QQvcmmcnlAI Immunity The parties understand and agree that Thornton and Englewood, their officers, and employees, are relying on, and do not waive or int.end to waive, by any provision of the Agreement, the monetary limitation s (currently $160,000 per person and $600,000 per occurrence) or any other righ ts, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S . 24-10-101 et seq., aa it is from time to time amended, or otherwise available to Thornton and Englewood, their officers, or employees . Introduced , read in full, and passed on first reading on the 6th day of June, 1994 . Published as a Bill for an Ordinance on the 9th day of June, 1994 . Read by title and passed on final readin on the 20th day of June, 1994. Published by title as Ordinance No . ffJ... S.,ries of 1994, on the 23rd day of June, 199-1 . ~ I, Loucrishia A Ellis , City Cle rk oft.ht City of Englewood, Colorado, hereby certify that the ebo ,ie and forego ing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . il!l, Series of 1994 . ~~;dfA Loucrishia A Ellis -4- e INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF lHORNTON AND lHE OTY OF ENGLEWOOD FOR THE EXCHANGE OP GOODS AND SERVlCES n-ns AGRl.EMENT is entered into this __ day of ___ ___, 1994, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referred to as 'Thornton") and The Oty of Englewood, (hereinafter referred to as "Englewood"), WHEREAS, Section 18(2)(a) of Article XIV of the Colurado onstitution, as well as Sections 29+201, ~ Mg,, and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and \oVHEREAS, Englewood owns, operates and maintains a milling machine utilized to remove the as phalt or concrete surlace from roadways for the purpose of '"'erlaying new asphalt or concrete ; and \VHEREAS, Thornton wishes to utiliz~ said milling machine for use in m ai ntenance of the streets located within Thornton; and WHEREAS, Thornton and Englewood desire to contnct with one another for the exchange of goods from Thornton for use of Englewood's milling machine; and WHEREAS, this Agreement will be of use and benefit to th~ citizens of both Thorn ton and Englewood. NOW THEREFORE TiiE PARTIES HERETO, FOR GOOD AND VALUABLE CONSIDERATION, TiiE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGE D, HEREBY AGREE AS FOLLOWS: A. RESPONSIBILITIES OF ENGLEWOOD 1. Englewood shall make available to Thornton its milling machine during the period between June 20, 1994 and July 8, 1994, inclusive, for the purpose of milling approximately thirty-three thousand one hundred sixty-six (33,166) square ya rds of asphalt at a depth of one and one-half inches and approximately two thousand eighteen (2 ,018) square yards of cement concrete at a depth of one and one-half inches . 2. Englewood shall perform, a t all times, all repairs and maintenance to the milling machine necessary, including the time periods in which the milling machine is being used in Thornton. AC ::S:S o&.ESC'i.E,\:i /TC . 1 - 3. An employee or contractor of Englewood shall operate the milling machine for Thornton, at locations and specifications directed by Thornton during the above specified time periods. U a contractor of Englewood is used to per:orm the work hereunder, that contractor shall be required by Englewood to indemnify the City of Thornton. 4. Englewood shall make available to Thornton the milling machine at the time specified above. Cost of both delivery to Thornton and return to Englewood shall be the responsibility of Thornton. 5. Englewood shall maintain, at its own expense, during the term of this greemen t, 1Norker'$ Compensation Insurance as required by the Labor Code of the State of Colorado, Employer's I iability Insurance, Commercial General Liability Insurance, and AutomobilP. Liability Insurance with minimum combined single limits of not less than $600,000 per occurrence. The insurance required above shall be provided through Englewood's participation in a governmental insurance pool (ORSA). ll,. RESPO . SIBILITIES OF THORNTON 1. Thornton shall reimburse Englewood for the use of the milling machine by the provision of goods that are normally purchased by Thornton to be identified by A Englewood from the following items: W a) sand /salt b) hot mixed asphalt d crush~d aggregate 2. The value of the goods supplied to Englewood by Thornton shall be equal in value to the cost of milling thir l y-three thousand one hundred sixty-six (33,166) square ya .rd, of asphalt one and one-half Inches deep and two thousand eighteen (2,018) square yards of cement concrete one and one-half inches deep . The value of the above is $.3 5/squa.·e yard . In the event the amount of roadway milled is less than or more than the abo v e, the value of the goods provided to Englewood by Thornton shall equal the yar dage milled times $.35 /square yard. 3. The go ods shall be delivered to Englewood lly the vendor of the goods once the milling has been completed and the total amount and nature c,f the milling has been calculated . Once the amount has been calculated and J "Teed to by both parties, Thornton shall complete a vendor purchase order for the goods selected by Englewood in the amount of the value of the milling as calculated in Section B. 2. above . AC /IJ!i~;,j.£',.CU'W'Drrc . 2. 4. Thornton shall be responsible for all traffic ,:ontrol and material removal at the site of the milling work and ,ny other wor!c not associated directly with the o peration of the milling machine itself. C. ASSIGNMENT. This Agreement shall not be assigned by either party without the prior written consent of the other. D. N OTICE . Any notice required or permittea by this AgreeL~ent shall be in writing, and shall be deemed to have been si .ficiently given for all ,urposes if .sent by ce.··tified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notic e is to be given at the address set forth 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 h ave been given when deposited in the United States Mail. The notice shall be sent to: City of Englewood Str eet Operations 2800 5. Platte River Dr. En_;!ewood, CO 80110 c/o Wayne Oakley City of Thornton Street Operations 9500 Civic Center Dr Thomtor , CO 80229 cl o Mason Staub E. PARAGR.A.PH CAPTIONS. The captions of the paragraphs are set forth only for th e 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. F. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agre ents or understandings. This Agreement may be amended only by an ins!rument in writing signed by the parties. If any other provision shall be affected by such holding, and all of the r emaining provisions of this Agreement shall continue in full force and effect. G. WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of an y term or provisio n of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. H . VENUE . This Agreement shall be govern ed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Col orado. l+.C/tfi-:S\4D.'CU'WO/TC -3 - .!. TEW.. This Agreement shall terminate at such tim'! as the conditions stipulated .1erein are complete or upon 10 days advance written notice, whichever occurs first In the event the Agreement is termina1ed by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. LCOMPLIANCE WITH LAW . The work and services to be perfon.1ed by the parties h'!re under shall be done in compliance with applicable laws, ordinances, rules and r eg ulations . K. ADDmONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement L. INDEPENDENT CONTRACTOR.-The parties hereto agree that the employees, co ntractors, and sub-contractors of one party are not in any way to be construed as empl oyees of the other party and as such each are independent contractors. Notwithstan•iing any provision appearing in this Agreement, aJl personnel assigned by Englewood to perform work under the terms of this Agre~.,ent shall be, and remain at all times, employees or agents of Englewood for all purposes. Further, all personnel assigned by Thornton to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Thornton for all purposes. M. GOVEfu'JMENTAL IMMUNITY. The parties hereto understand and agree that Th ornton and Englewood. their officers, and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations (cur rently $150,000 per persC'.1 and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S . 24-10-101 ~-, as it is from time to time amended, or otherwise available to Thornton and Englewood, t.'leir officers , or employ2es. N. AUTHORITY. The parties hereto warrant that the signatories below have full and lawful authority to execi :te this Agreement on behalf of Thornton and Englewood . .-.c,..s:s,..D-et.::."'WD/TC • 4 • . -OONE AND SIGNED ON TiiE DATE ABOVE FIRST WRITTEN BY: CITY OF lHORNTON Margaret Carpenter, l'vfayor ATTEST : Na ncy Vincent, City Qerk CITY OF ENGLEWOOD ATTEST : City Clerk 11.c,11:s~tre -5 - COUNClL COMMUNJCA110N Date Jw,e 6, 1994 INTilA 1ED BY Agenda Item 121 Department of Public Works Subject Ordinance for Inter- governmental Agreement with Thornton STAFF SOURCE Rick Kahin, Acting Director of Public Works COUNCD.. GOAL Government Cooperation. ISSUE/ ACTION PROPOSED -Staff seeks Council approval of an ordinance to enter into an agreement with the City of Thornton to exchange our Rotomilling services fer goods provided by Thornton. PREVIOUS COUNClL ACTION None . BACKGROUND Currently, we provide Rotomilling services to the Cities of Westminster and Uttleton in exchange for paint striping and concrete work, respectively . STAFF ANALYSIS Through this agreement with the City of Thornton, the City of Englewood would receive items of choice, including sand/ salt; hot mixed asphalt; er crushed aggregate fer an amount totalling $12,314.40. This figure is derived from a rotomill ~e of 35t per square yard rotomilled (33,166 square yards asphalt and 2,018 square yards concrete). Staff recommends Council approval of this agreement. PROS AND CONS OF OPTIONS REVIEWED -Both cities would benefit from this exchange. FINANOAL IMPACT B--1 on $0.35 per square yard, this amounts to a substantial savings for Thornton and a benefit for the City of Englewood.