HomeMy WebLinkAbout1995 Ordinance No. 028•
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ORDINANCE NO$
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO. 29
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHO RI ZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF THORNTON, CO LORADO AND THE CITY OF
ENGLEWOOD , COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S
ROTOMILLING SERVlCES TO THE CITY OF THORNTON FOR SAND/SALT, HOT
MCXED ASPHALT , OR CRUSHED AGGREGATE MATERIALS.
WHEREAS, the City of Englewood owns, operates and maintains a milling machine
utilized to remove the asphalt or concrete surface from roadways for the purpose of
overlaying new asphalt or concrete; and
WH 'REAS, the City of Englewood currently provides rotomilling services to the Cities of
Westw ,t\ster and Littleton in exchange for p.ti nt striping and conaete work; and
WH EREAS , this agreement provides the City of Thornton with ro to milhng services by the
City of Englewood in exchange for Englewood's choice of sand/salt, hot mixed asphalt, or
crushed aggregate; and
WHEREAS, the citizens of both the City of Englewood and the City of Thornton benefit from
such an agretlment; and
WHERF..AS, the City Council of the City of Engl ewood, Colorado authorized such
agreeme nt with the passage of Ordinance No . 29 , Series of 1994 ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COl.J.'ICIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS : '
~-The intergovernmental agreement with res pect to an agreement between the
City of Thornton, Co lorado and the City of Englewood, Coloracio fo r an exch ange of the City of
Englewood's roto mi lling services to the City of Thornton for sand/salt, hot mixed asphalt, or
crushed aggregate materials, attached hereto as "E<hibit A," is hereby accepted and
approved by the Englewood City Council.
~-The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado.
Introduced , read in full , and passed on first reading on the 5th day of June, 1995 .
Published as a Bill for an Ordinance on th e 8th day of June, 1995 .
Read by title and p851ed on final r eading on the 19th day of June, 1995 .
Published hy title as Ordinance No.Jf. Series of 1995, on the 22nd day of Jw,e, 1995 .
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I, Loucri srua A Ellis , City Clerk of the Ci ty of Englewood , Colorado, her eby certify that
the abov e and foregoing is a true cop)I fl th e Ordinance passed on final reading and
published by title as Ordinance No . tt::P., Series of 1995.
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EXHIBIT A
INTERGOVERNMENTAL A GREEMENT BETWEEN THE CITY OF THORNTON
AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND
SERVICES
11-ilS .-\GREEl'v lENT is entered into this day of---~ 1995, by and
between the City of Thornton, a Colorado municipal corporation, (hereinafter referred
to as 'Tnornton ") and the City o f Englewood , (hereinafter referred to as "Englewood").
WHERE.-\5 , Section 18(2)(a ) of Article XIV of the Colorado Constitution, as well
as Sections 29 ·1·201, ~~-.and 29-20-105 o f the Colorado Revised Sta tutes authorize
and e:;co urage governments to cooperate by contracting with one another for their
murual benefit; and
1-VHERE . .\S, Englewood o ,vns, operates and maintains a milling machine utilized
to re mo,·e the aspha lt or concrete surface from roadways for the purpose of overlaying
ne,,· asphJ !t o r concrete; and
WHERE . .\S, Thornton wishes to utilize said milling machine for use in
maintena nce i the streets located within Thornton; and
WHERE • .\S, Thornton and Englewood desire to co ntract with one another for the
exchange o i goods from Thornton for use o i Englewood 's milling machine: and
INHERE..\S, this . .\greement v.ill be of use and benefit to Lfie citizens of both
·Thornton and Englewood.
1 ·o~. THEREFORE THE PARTIES HERFTO, FOR GOOD AND VALUABLE
CONSIDER-\TION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY
.-\CIOJOWI.EDGE D, HEREBY AGREE AS FOLLOWS:
.-\. RESPONSIBILITIES OF ENGLEWOOD
l. Englewood shall make availab le to Thornton its milling machine during the
period betsveen June 26 , 1995 and July 14. 1995 , inclusive, for the purpose of milling
approxima tely twenty-seven tho usand two hundred thirty (27,230) square yards of
asphalt a t a depth of one and o ne-half inches.
2. Englewood shall perform, at all times, all repairs and maintenance to the
m illing machine neces sary, including the time periods in which the milling machine is
being u sed in Thornton.
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3. An employee or co ntractor of En glewood shall operate the milling m;,chine
for Thornton, at locations and specifications directed by Thornton during the above ).
specified time periods. If a contractor of Englewood is used to perform the work
he reunder. that contractor shall be required by Englewood to indemnify the City of
Thornton. it's office rs, and employees fro m and against all liability, claims, demands,
and ex penses , in .Juding coun cos t and attorney fees, on acco unt of any injury, loss , or
damage , which ma y arise out of or are in an y manner connected with the work to be
performed under this Agreement , if such injury , loss , or damage is caused in whole or
in part by. or is claimed to be caused in whole or in part by the negligent acts , errors.
or omissions of the contrac·:or. or any officer, employee , o r agent of the contractor.
4. En glewood sha l.i make available to Thornton the milling machine at the
tim e specified above . Cost oi both delivery to Thornton and re turn to Englewood sha ll
be the responsibility o f Th ornton.
5. En gl ewood shall maintain. at its own expense . durin g the term of this
.->.greement. Wo rker's Compensation Insurance as required by the Labor Code of the
State of Colorado , Emo lover's Liabilitv Insurance, Commercial General Liabili tv
!nsurance. and Automobile Liability lnsu;ance with m; 'imum combined sing le limits oi
not less than 5600,000 per occurrence. Th e insurance wqu ired abc,v e sha ll be pro~ided
thro ugh Engl e wood 's participation in a governmental insurance po ol (CffiSA ).
Englewood shall cause an y c n=ctor of Englewood to procure and maintain minimum
insurance cov erage lis te d he ,ein.
B. RESPO ·smILITIES OF THORl iTO .
Thornton shall reim burse Englewood fo r the use of the milling machine by
the pro,·ision of goods that are normally purchased by Thornton to be identified by
En gl ewood irorn the follo,dng items :
a) san d /salt
b ) ho t mixed aspha lt
c) crus:ied aggregate
2. The value of the goo ds supplied to Englewood by Tnomton shall be equal
in value to •he cost of milling twenty-seven thousand two hundred thirty (27,230) squa re
vards oi asphalt one and one-half inches deep . The value oi the above is S.3i /square
vard . [n the event the am ount of roadwav milled is less than or more than the above,
the value of the goods provi ded to Englewood by Thornton shall equal the yardage
mill ed times S.3i /square yard.
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3. The goods shall be delivered to Englewood by the vendor of the goods
once the milling has been completed and the tot-al amount and nature of the milling has
been calculated. Once the amount has been calculated and agreed to by both parties ,
Thornton shall co mplete a vendor purchase order for the goods selected by Englewood
in the amount of the value of the milling as calculated in Section 6. 2. above .
~-Thornton shall be responsible for all traffic co ntrol and material removal
at the site o f the milling work and any other work not associated directly with the
o peration of the milling machine itself.
C. ASS IG NM E>IT . This .Agreement shall not be assigned by either party without the
prior wri tten co nsent of ·ne other.
D. :--IOTICE . An y notice required or permitted by this Agreement shall be in writing,
an -i sha ll be d eemed to have been sufficiently given for all purposes iI se t by certified
mai l or registe re d mail. postage and fees prepaid , addressed to the party to whom such
notice is to be gi ,·en at the address set iorth below, or at such other address as has been
pre,·iously iurnished in writing, to the other pa rty o r pa rties . Such notice shall be
dee me d to ha,·e been gi,·en when deposited in the L'ni ted States Mail . The notice sha ll
be sen t to :
City o r En glewood
Street Ocera tions
2800 S. Platte River Dr .
Englewood , CO 80110
c/o Wayne Oakley
Citv of Thornton
Str~t Operations
9500 Civk Center Dr
Tnornton, CO 80229
c /o Mason Staub
E. P.AR.AGRAPH CAPTIO S. The captions of the paragraphs are set forth only for the
convenience and reference or the parties and are not intended in any way to define, limit
or describe the scope or intent of this Agreement.
F. 11'.'TEGRATIO · AND AMEND !ENT . This Agreement represents the entire
agreemen t 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 . U any other provision shall be affected by such holding, all of the
remaining pr,J,·isions of this Agreem<:nt shall continue in full force and effect.
G. I A!Vl:R OF BREACH . A waiver by an y party to this Agreement or the breach of
any term or provision of this Agreement shall not operate or be cons trued as a waiver
or an y subsequent bre ach by either party .
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H. VENUE . This Agreement shall be governed by the la ws of th e State of Colorado,
and any legal action conc erning the provisio ns hereof shall be bro ught in the County of •
Arap ahoe, State of Colorad o.
I. TIRl\lL Th is Agreement shall terminate at such time as the conditions stip ulated
herein are co mplete or upon 10 days ad vance wr:tten notice , whicheve r occu rs first. In
the ev ent the .-\greem ent is terminated by the iss uance of advance written r>otice of
intent to termina te , each party shall be co mpensated by the other fo r the goods and
services prov ided.
r. COl\lfP U -\NC E WITH LA W. Tne wo rk and services to be pe rformed by the parties
here under shall be do ne in co m pliance with applicable laws . ordinances, rules and
re ulations .
K. ADD mO "AL DOC UME NTS O R ACTION . The parties agree to exe cute any
~d citi,ina! doc uments or take any additional actim, that is necessary to ca rry out this
.-\,.eemem .
k iD EPE'.\iDENT CO iTR.-\CTOR. The parties hereto ag-:ee that the employees.
mr :~ac:ors . and sub-contracto rs oi one oa!'l': are not in anv wav to be construed as
?~', !oyees oi the oth er parry and a's such each are · md e;,endent co ntractors .
·o rwiths tand ing any provi sion appear.=,); in this .-\greemer:t. a personnel ass igned by
i:..n 6!ewood to perfo rm work under the terms oi this Agr~emen sh all be, and remain at
all times, emp loyees or agents of Englewood fo r all purposes. Further, all personne l •
assigned 'Jy Tno mton to perfo rm work under the terms of this Agreement shall be, and
re m ain at al tim es, employees or agen ts oi Tno mton for all purposes.
\I. GOVER: iMEl',,T.-\L IMM1.J""NTIY . Toe parties hereto understand and agree that
Thornton and Englewood. their offi cer s. and em ployees, are relying on, and do not
wai\'e or intend to wai ve, by any provision of this Agreement. frl e monetary limitations
(cur.ently S150,000 per person and S600 ,000 per occ urrence) o r any other rights,
immunities . and protections provided by the Colo rado Governmental Immunity Ac t,
C.R.S . --l-1 0-101 et 5eq ., as it is from time to time amended , or otherwise available ',
Thornton and Englewood, their officers , or employees.
N .. -\l'll-!O RITY . The parties hereto warrant that the signatories below ha ve full and
lawful a u thority to execute this .-\greement on behalf oi Thornton and En glewood .
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DONE A.ND SIGNED ON THE DATE ABOVE FIRST WRITI"EN BY :
CITY OF THORNTON
Margaret Carpenter, Mayor
ATTEST :
:-,fancy Vincent, Cil:y Clerk
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CITY OF ENGLEWOOD
ATTEST:
City Clerk
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Oa !e
June 5, ,;,1:
INITIA Tl:O BY
COUNCIL COMMUNICATION
Agenda Item
10 a ii
STAFF SOURCE
Subjr,ct
Ordinance fer Intergovernmental
Agreement with Thornton
Depr,;tment of Publi c Works Cha~es Esterly , Director of Public Works
COUNC IL GCIA:.. AND PREVIOUS COUNCIL ACTION
City Coundl approved Ordinance No. 29, Series of 19 to enter an agreement with th e City of Thornton to
exchange ,,ur Rotomilling services fer goods provided by Thornton.
RECOMMEN DED ACTION
Staff seek,. Council approval of an ordinance lo enter an agreeme" with the City of Thornt,n to exchange our
Rotorn iliing services fer good s provid ed by Thornton .
BACKGR.OUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood currently provides Rotomill ing services to th e Cities of Westminster and Littleton in
exchange fo r pa int striping and concrete work. respectr,ely . Continuing our agreement with the City of Thornton,
Englewood would receive items of choice , including sand/salt, hot mixed asphalt: or crushed aggregate.
FINANCIAL IMPACT
Based on S0 .37 per square yard , this amounts to a substa ntial savings for Thornto~ and a benefit for the City Jf
Eng lewood .
LIST OF ATTACHMENTS
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Bill for an Ord inan v~
Inte rgovernmental Agree ment