The URL can be used to link to this page

Home My WebLink AboutResolution 2017-0011CITY OF WHEAT RIDGE, COLORADO RESOLUTION N0.1! Series of 2017 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF LAKEWOOD PROVIDING FOR RESURFACING OF 32No AVENUE BETWEEN UNION STREET AND KIPLING STREET WHEREAS, The majority of 32"d Avenue between Union Street and Kipling Street serves as the boundary between the Cities of Wheat Ridge and Lakewood, and WHEREAS, 32"d Avenue is in need of maintenance and resurfacing work in accordance with the maintenance needs and policies of both Cities; and WHEREAS, The Cities of Lakewood and Wheat Ridge desire to complete said resurfacing work as a single project, with costs split in accordance with the amount of pavement surface located in each respective City; and WHEREAS, said project will be administered by the City of Lakewood with the City of Wheat Ridge compensating Lakewood for its appropriate share of the cost: and WHEREAS, a standard Intergovernmental Agreement (IGA) between the City of Wheat Ridge and the City of Lakewood has been prepared in accordance with the legal requirements of both cities, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Agreement A pproved. The Intergovernmental Agreement between the City of Lakewood and the City of Wheat Ridge regarding milling/patching/overlay project is approved. Section 2. Effective Date '-1/~ 4-l 11 This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this 9..1ta, day of _A_-............... ~-- ATIEST: / 1 INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LAKEWOOD AND CITY OF WHEAT RIDGE REGARDING 32No AVENUE MILLING/PATCHING/OVERLAY PROJECT 17-XXXXX THIS INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LAKEWOOD AND CITY OF WHEAT RIDGE REGARDING 32N° AVENUE MILLING/PATCHING/OVERLAY PROJECT (the "IGA") is made and entered into this day of , 2016 (the "Effective Date"), by and between the CITY OF LAKEWOOD, a home rule municipal corporation of the State of Colorado, whose principal b1,1siness address is 480 South Allison Parkway Lakewood, Colorado 80226 ("Lakewood"), and between the CITY OF WHEAT RIDGE, a home rule municipal corporation of the State of Colorado, whose principal business address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 ("Wheat Ridge"). WHEREAS, Article XIV, Section 18(2)(a), of the Constitution of the State of Colorado and Part 2, Article 1, Title 29, C.R.S., encourage and authorize intergovernmental agreements; WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; WHEREAS, the parties desire to enter into this IGA to engage in a shared Milling/Patching/Overlay project on 32nd Avenue between Union Street and West Kipling Street (the "Project"); WHEREAS, Wheat Ridge is responsible for approximately twenty-five percent (25%) of the maintenance responsibilities along 32nd Ave. between West Simms Street and West Morningside Drive; WHEREAS, Wheat Ridge is responsible for one hundred percent (100%) of the maintenance responsibilities on 32nd Ave. between W. Morningside Dr. and W. Kipling St.; WHEREAS,. the total area for the Project is approximately 255,642 square feet with Lakewood responsible for approximately 153,996 square feet thereof, Wheat Ridge responsible for approximately 101,647 square feet thereof; WHEREAS, on February 14, 2013, Lakewood entered into a contract with Martin Marietta Materials, Inc. ("Contractor"), to perform Lakewood's Overlay Program (the "Overlay Contract"), which Contract was renewed on March 1, 2017 for Lakewood's 2017 Overlay Program; and WHEREAS, the parties desire to enter into this IGA to extend Contractor's work under the Overlay Contract to include milling/patching/overlay work along 32nd Ave. as desired by Wheat Ridge. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is expressly acknowledged, the parties hereby agree as follows: 1. WORK. Pursuant to this IGA, Contractor shall perform the Wheat Ridge ·maintenance obligations on 32nd Avenue between Union St. and West Kipling St., as set forth in the Scope of Work in Attachment A, attached hereto and incorporated herein by this reference, and in accordance with the standards set forth in the Overlay Contract. 2. CONSIDERATION. In exchange for Contractor's services, Wheat Ridge shall pay Lakewood in accordance with the following table. Payment shall be made in a lump sum within thirty (30) days following substantial completion and acceptance by Wheat Ridge. Page 1of5 17-XXXXX Item Unit Quantitv Price TOTAL Remove Asphalt Mat 2" Full Width S.Y. 11,295 $1.37 $15,474.15 HBP (Overlay) (SX 64-22) TON 1,256 $61.25 $76,930.00 Inlay Striping Materials/Labor S.F. 5,280.83 $11.00 $5,291.83 $97,695.98 Pricing does not reflect any patching that may be required. If patching is required, Wheat Ridge shall compensate Lakewood in accordance with the costs set forth in Attachment A In the event there are unforeseen and/or additional work items not covered in this Agreement, such additional work (including costs) will proceed only upon mutual agreement between the two cities. 3. TERM. The Term of this IGA shall be from the Effective Date through _____ _ 2017. 4. LIABILITY/GOVERNMENTAL IMMUNITY. A Liability of the Parties. Each party shall be liable and responsible for the acts and omissions of its own employees, agents and elected and appointed, and neither party shall be responsible for the acts or omissions of the other party's employees, agents or elected or appointed officials. B. CGIA Both parties are governmental entities subject to and protected by the limitations on liability set forth in the Colorado Governmental Immunity Act, C.RS. Title 24, Article 10 (the "CGIA"). Nothing herein shall be deemed to waive any rights or immunities established pursuant to the CGIA or otherwise provided by law. 5. NOTICES. Notices provided to a party pursuant to this IGA shall be in writing, addressed to the parties as follows: If to Lakewood: Infrastructure Maintenance/Ops. Engineer City of Lakewood Public Works Dept. 480 S. Allison Pkwy Lakewood, CO 80226 6. GENERAL PROVISIONS. If to Wheat Ridge: Scott Brink, Director Public Works City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, Colorado 80033 A INTEGRATED AGREEMENT. This Agreement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. 8. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this IGA and all rights of action relating to such enforcement shall be strictly reserved to the parties. It is the express intention of the parties that any person other than Lakewood and Wheat Ridge shall be deemed to be only an incidental beneficiary under this IGA Page 2 of 5 17-XXXXX C. Governing Law and Venue. This IGA shall be governed by the laws of the State of Colorado. Venue shall be in the County of Jefferson, State of Colorado, or, for federal claims, in the United States District Court for the District of Colorado. D. Headings. Paragraph headings used in this IGA are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this IGA. E. Severability. In the event a court of competent jurisdiction holds any provision of this IGA invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this IGA. F. Counterparts; Electronic Disposition. This IGA may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The parties acknowledge and agree that the original of this IGA, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this IGA, may be used for any purpose as if it were the original, including proof of the content of the original writing. G. Authority. The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this IGA on behalf of the parties and to bind the parties to its terms. [Remainder of page intentionally blank -signatures follow.] Page 3 of5 17-XXXXX IN WITNESS WHEREOF, the parties have executed this IGA as of the Effective Date. ATTEST: ATTEST: Margy Greer, City Clerk Recommended for Approval: Jay Hutchison, Director Department of Public Works Gerald E. Dahl, City Attorney CITY OF LAKEWOOD Kathleen E. Hodgson, City Manager Approved as to form: Gregory D. Graham, Deputy City Attorney Kyle Beck, Infrastructure Maintenance/Ops. Engineer Department of Public Works Page 4 of 5 17-XXXXX ATTACHMENT A -SCOPE OF WORK Contractor will perform the following work for Wheat Ridge: • A two-inch (2") full mill of 32"d Avenue between W. Union Street and W. Kipling Street. o Necessary patching will follow the milling operation • Patching shall be at six inches (6") thick or match existing mat thickness, whichever is greater • 2017 pricing for patching is $109.00 per ton for HBP 'A' Patch (grade S) (Haul & Asphalt (Collector)) • Any patching required will be discussed among the parties and paid for by the responsible party o Once patching is complete, Contractor will overlay the milled portion of 32"d Ave. with a two-inch (2") final lift Overlay using SX 64-22 Hot Mix Asphalt o Striping will be installed by Lakewood's in-house striping crew Page 5 of 5