HomeMy WebLinkAbout2011 Ordinance No. 040,/?"\
ORDINANCE NO. !:fll-
SERlES OF 2011
BY AUTHORITY
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COUNCIL BILL NO. 43
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO REGARDING
OVERLAY OF EAST HAMPDEN A VENUE BETWEEN SOUTH LAP A YETTE STREET AND
HIGHWAY 285.
WHEREAS, Hampden A venue, east of Lafayette Street, is located in unincorporated
Arapahoe County and the pavement is in need of surface maintenance; and
WHEREAS , Arapahoe County is responsible for this section of roadway; and
WHEREAS, Arapahoe County does not have this on their list for surface maintenance in the
near future so the City of Englewood offered to include it as part of the City's 2011 in-house
overlay project if Arapahoe County would pay for materials and trucking costs ; and
WHEREAS , the passage of this Ordinance authorizes an "Intergovernmental Agreement
between Arapahoe County and the City of Englewood" regarding the rotomilling and asphalt
overlay of East Hampden Av enue between South Lafayette Street and Highway 285;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
Attachment 1, "Intergovernmental Agreement Between Arapahoe County and the City of
Englewood" for the rotomilling and asphalt overlay of East Hampden Avenue between South
Lafayette Street and Highway 285.
Section 2. The Mayor and City Clerk are authorized to sign and attest said Agreement for and
on behalf of the City of Englewood .
Introduced, read in full , and passed on first reading on the 1st day of August, 2011.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
August, 2011.
Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of
August, 2011 for thirty (30) days.
Read by title and passed on final reading on the 15TH day of August, 2011.
Published by title in the City's official newspaper as Ordinance No .~ Series of 2011, on
the 19th day of August, 2011.
Published by title on the City's official website beginning on the 17th day of
August, 2011 for thirty (30) days.
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is
1
o/})ue copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2011.
INTERGO'VERNMENT AL AGREEMENT
BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD
This Intergovernmental Agreement is entered into this __ day of _____ ~ 2011,
by and between the Board oti 'V::ounty Commissioners of Arapahoe County, Colorado ("County'')
and The City of Englewood ("Englewood"), collectively referred to herein as the "Parties."
WHEREAS , Section 29-1-203, C.R.S , as amended, pemuts and encourages local
governments to make the most efficient and effective use of their powers and responsibilities by
cooperating and contracting with local governments in order to provide any lawfully authorized
function, service or facility; and
WHEREAS, E. Hampden Avenue, from E. Hampden Avenue Bypass to S . Lafayette
Street lies within the jurisdiction of unincorporated Arapahoe County; and
WHEREAS, the parties desire to complete a joint project to mill and overlay E. Hampden
Avenue, from E. Hampden Avenue Bypass to S. Lafayette Street, (hereafter "the Project"); and
WHEREAS, Arapahoe County and The City of Englewood have agreed to the extent and
division of work to be done by each entity on the Project; and
WHEREAS , Arapahoe County has appropriated funds from its 2011 budget sufficient to
reimburse The City of Englewood for the work to be done by The City of Englewood on
Arapahoe County's po1iion of the Project at costs reflected herein; and
WHEREAS , The City of Englewood has appropriated funds from its 2011 budget
sufficient to perform its obligations herein.
NOW, THEREFORE, in consideration of the above and the mutual covenants made
herein, the Parties agree as follows: ·
1.0 Scope of Work.
1.1 The scope of work for the Project consists of full width milling to the required
depth, followed by 1.5" asphalt overlay of the Project. (See Exhibit A, Project
Site Map).
1.2 The City of Englewood will be responsible for milling and overlay of the street
within the Project limits. Millings generated by the work are to be retained or
disposed ofby The City of Englewood.
1.3 The City of Englewood will be responsible for peifomring any pre-paving
preparation needed witlrin the Project limits; including milling, sweeping and
tacking .
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lA-The estimated cost for Arapahoe County's portion of the work is $2,058.00 as
identified in Exhibit B, Quantity and Cost Estimate. Actual finished costs,
including contingency, shall not exceed $2,500 for Arapahoe County's portion of
the work.
1.5 According to Arapahoe County Administrative Procedure 87-5, 1989, utility
adjustments during overlay for water and sanitary manholes and valve box.es shall
be the responsibility of the effected water and sanitation district.
2. Term. The tem1 of the Agreement shall be from conunencement of construction of the
Project, which shall begin p1ior to October 15, 2011, and tennination shall be upon
completion of the Project and payment thereof, or no later than December 31, 2011 ,
whichever shall occur first.
3. Compensation and Payment.
3.1 Arapahoe County shall allocate funds from the 2011 budget in an amount not to
exceed $2 ,500 .00, according to the per'ton unit price shown on Exhibit B , to
reimburse The City of Englewood for Arapahoe County's portion of the Project.
3.2 Cost estimates used for the Project are based on unit prices and quantities
provided by The City of Englewood. Reimbursement shall be according to the
actual in-place quantities , as reported by The City of Englewood and accepted by
Arapahoe County, up to a maximum of $2,500.00.
3.3 Upon final inspection and acceptance of work, compensation shall be paid by
Arapahoe County within tbitty (30) days of receipt of invoice from the City of
Englewood.
4. Successors and. Assigns. The Agreement shall be to the benefit of, and be binding upon,
the Parties, their successors and assigns.
5. Assignment of Liability. This agreement does not create any assignment of liability.
Arapahoe County and The City of Englewood acknowledge they retain any liability
within their jurisdictional boundaries, subject to C.R.S. §24-10-101, et. seq.
6. No Thi.rd-Party Beneficiaries. The benefits and burdens of the Agreement shall inure
solely to the Parties. There are no third-party beneficiaries of the Agreement.
7. Applicable Law. The Agreement shall be governed by and construed in accordance with
the law of the State of Colorado.
8 . Non-W aiver. No waiv er of any of the provisions of the Agreement shall be deemed to
constitute a waiver of any other of the provisions of the Agreement, nor shall such waiver
constitute a continuing waiver unl ess otherwis e expressly provided herein, nor shall the
waiv er of any default hereunder be de emed a waiver of an y subsequent default hereunder.
9'. Severability. Should any one or more provisions of the Agreement be detennined to be
illegal or unenforceable, all other provisions nevertheless shall remain effective;
prnvided, however, the Parties shall forthwith enter into good faith negotiations and
proceed with due dil:i'gehce to draft such language that will achieve the original intent of
the Parties hereto.
HJ. Enforcement. The Parties agree the Agreement may be enforced in law or in equity for
specific performance, injunctive, or other appropriate relief, including damages , as ma y
be available according to the laws and statutes of the State of Colorado. It is specifically
understood that, by executing the Agreement, each Party commits itself to perform
pursuant to these tenns contained herein, and that any breach hereof that results in any
recoverable damages shall not cause the termination of any obligations created by the
Agreement unless such termination is declared by the Party not in breach hereof.
11. Assign.ability. Neither Party shall assign its 1ights or delegate its duties hereunder
without the p1ior written consent ofthe other Party.
12 . Liability of the Parties. No Party shall have any obligation whatsoever to repay any
debt, financial obligation, or liability of the other Party.
13. Survival. Each and every covenant, promise, or term contained in the Agreement shall
not merge in any deed or other document executed by either or both Parties to affect the
Agreement, but shall survive such instrument.
14. Headings for Convenience. The headings, captions, and titles contained herein are for
convenience and reference only and are not intended to enlarge or restrict the content
thereof.
15. Entire Agreement. The Agreement constitutes the entire Agreement between the Parties
with respect to the matters addressed herein. Any prior agreements, promises,
negotiations, representations, or understandings not expressly set forth in the Agreement
are of no force and effect. The Agreement may not be modified except in writing
executed by both Parties.
16. Notice of Communications. All notice required under the Agreement shall be in writing
and shall be hand-delivered or sent by registered or certified mail, return-receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices so
given shall be considered effective seventy-two (72) hours after deposit in the United
States Postal Service mail with the proper address as set forth below. Either Party by
notice so given may change the address to which future notices shall be sent.
Notice to .Arapahoe County:
Board of County Commissioners
.Arapah~-~ 9ounty
5334 S6uth Prince Street
Littleton, Colorado 80126-0001
With copy to:
Kathryn Schroeder, Esq.
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80126-0001
and
Dave Schmit, Director
Depaiiment of Public Works and Development
10730 East Briarwood Avenue
Cente1mial, Colorado 80112
Notice to The City of Englewood:
Rick Kahm, Director .
Public Works Department
1000 .Englewood Parkway
Englewood, CO 80110
17. Termination. This .Agreement may be terminated, with or without cause, by either
Party hereto upon thi1iy days ' written notice to the other Party.
lN W[TNESS WHEREOF, the Parties hereto have executed this Agreement effective as
of the day and year first above wiitten:
BOARD OF COUNTY COMl\HSI0NERS
OF ARAPAHOE COUNTY
BY:
David M. Schmit, P.E., Director,
Public Works mnd Development
Resotution No. 11-0143
ATTEST:
BY:
CITY OF ENGLEWOOD
BY:
Jim Woodward, Mayor
ATTEST:
City Clerk
DATE: __________ _
DATE:
DATE:
IGA EKhibit B: Quantify and Cost Estimate
Arapahoe County -City of Englewood
•-:./' Intergovernmental Agreement
fT for Paving of E. Hampden Avenue bypass
E. Hampden Avenue to S. Lafayette St.
Date: 5/23/2011
Unit Estimated Tota!
DescrifJtion Unit Price Quantitv Amount
1.5" Overlay Ton $ 49.00 42 $ 2,058.00
Note: Estimate based on mutually agreed area of 500 SY.
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Arapahoe County's
Atapa fflAP W.E
s -.:==--c:::1-•-----========-----•-Fee t 0 80 160 320
1 inch = 162 fee t
Map Generated On : 5/24/20 11
480 640
M ao L ocation
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement (IGA)
August 1, 2011 9 a iv with Arapahoe County for Hampden
Ave. Overlay
Initiated By: Staff Source:
Department of Public Works Brad Hagan, Streets Maintenance Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed this proposed IGA at the Ju ly 11, 2011 Study Session .
RECOMMENDED ACTION
Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with
Arapahoe County regarding the rotomilling and asphalt overlay of E. Hampden Ave between S.
Lafayette St and Highway 285.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Hampden Ave, east of Lafayette St., is located in unincorporated Arapahoe County and the
pavement is in need of surface ma i ntenance. The Street Division of Public Works contacted the
County and reminded them of their responsibility for this section of roadway. The County does not
have this on their list for surface maintenance in the near future so we offered to include it as part of
our 2011 in-house overlay project if the County would pay for materia ls and truck i ng costs.
FINANCIAL IMPACT
The estimated cost for the work is $2,058. The County has agreed to pay actual costs up to a
maximum of $2,500 .
LIST OF ATTACHMENTS
Bill for an Ordinance