HomeMy WebLinkAboutCouncil Agenda Packet 04-24-17
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
April 24, 2017 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of April 10, 2017
PROCLAMATIONS AND CEREMONIES Mental Health Month Child Abuse Prevention Month Cub Scout Den Pack #582
Bond Document Signing CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard.
c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA
1. CONSENT AGENDA a) Motion to award ITB-17-11, Concrete Rehabilitation and ADA Improvements, Project Base Bid and Bid Alternate 1 to Majestic Concrete Contractors, Inc., Golden, CO, in
the amount of $223,403.20, with a contingency amount of $11,170 for a total of
$234,573.20
CITY COUNCIL AGENDA: April 24, 2017 Page -2-
b) Resolution No. 12-2017 – establishing a street width for 29th Ave. from Ingalls Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 11-2017 – approving an Intergovernmental Agreement with the City of Lakewood providing for resurfacing of 32nd Avenue between Union Street and Kipling
Street with an estimated cost of $97,695.98 to the City of Wheat Ridge ORDINANCES ON FIRST READING 3. Council Bill 08-2017 – referring a Ballot Question at the Regular Municipal Election on
November 7, 2017 concerning the restriping and repaving design configuration of 38th
Avenue between Sheridan Boulevard and Wadsworth Boulevard CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT to Executive Session at the conclusion of the Special Study Session
1. Conference with the City Attorney and appropriate staff under Charter Section 5.7 (b)(1) and Section 24-6-402(4)(b), C.R.S., specifically for legal advice concerning litigation
ITEM NO: DATE: April 24, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD ITB-17-11, CONCRETE
REHABILITATION AND ADA IMPROVEMENTS,
PROJECT BASE BID AND BID ALTERNATE 1 TO MAJESTIC CONCRETE CONTRACTORS, INC., GOLDEN, CO, IN THE AMOUNT OF $223,403.20, WITH A CONTINGENCY AMOUNT OF $11,170 FOR A TOTAL OF $234,573.20
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ ________________________________
Public Works Director City Manager ISSUE: For the past several years, concrete rehabilitation has been implemented on an annual basis in
conjunction with asphalt pavement overlay projects. This year, staff decided to contract the
concrete work as its own project in order to address specifics of the Americans with Disabilities Act (ADA) program more efficiently. The project is intended to bring existing curb ramps into compliance with the current ADA mandates as part of the multi-year plan.
Non-ADA related concrete rehabilitation will continue in coordination with the annual street
resurfacing project, which provides needed maintenance treatments to selected streets by priority, in accordance with the citywide maintenance plan. For the 2017 project, curb ramp work will be focused on ramp improvements at high-priority
locations along collectors and arterials streets, along with selected spot improvements City-wide.
The project also includes concrete speed humps and related signing and markings for the Neighborhood Traffic Management Plan (NTMP) program. These were incorporated into the concrete rehab project bid package (as a sole bid alternate).
Council Action Form – Concrete Rehabilitation Project
April 24, 2017
Page 2 Two bids were received and opened on April 6, 2017. One bid came in high while the other was
lower than the engineer’s estimate.
PRIOR ACTION: None
FINANCIAL IMPACT:
Funding for these programs was approved in the 2017 Capital Improvement Program (CIP) budget: Program Account Number Amount
ADA Improvements 30-303-800-861 $50,000
Preventive Maintenance Projects 30-303-800-884 $2,000,000 NTMP 30-304-800-844 $35,000 Costs associated with base bid items will paid out of both 30-303-800-861 and 30-303-800-884
accounts. The Preventive Maintenance Projects account is also intended to cover other
preventative maintenance contracts such as street resurfacing (overlay work), crack filling, and non-ADA related concrete work, such as spot replacements of curb and gutter. Costs associated with speed hump installations (Bid Alternate 1) will be paid out of the NTMP line item 30-304-800-844.
BACKGROUND: This is the first year that concrete rehab project will be a standalone project due to its size. This project is intended to provide concrete improvement needs associated with ADA mobility, preventive maintenance, and neighborhood traffic management. Staff has been assessing the
mobility needs of the City in order to meet the federal mandates of the ADA. The curb ramp
constructions and modifications will meet the requirements of the program. City Council has approved a budget line item in the CIP to address these needs over the long term. Coincidentally, a vast majority of the 2017 high- priority ramp improvements happen to be located along the streets that need to be overlaid.
Bids for the 2017 Concrete Rehabilitation Project were opened on April 6, 2017. The two bids received met the initial bid requirements. One was above and one was below the engineer’s estimate. The low bidder was Majestic Concrete Contractor, Golden, CO, with a total bid amount of $223,403.20. Majestic Concrete is qualified to perform the work; they have performed work
satisfactorily in Wheat Ridge; and their bid is within budget.
The 2017 Concrete Rehabilitation and ADA Improvements Project is comprised of the following:
Base Bid - Concrete ramps, gutter and walk replacement on streets to be overlaid and a number
of curb ramp improvements throughout the City by priority as guided by ADA program Alternate 1- Speed hump installations for the approved street under the NTMP
Council Action Form – Concrete Rehabilitation Project
April 24, 2017
Page 3 Bid Ranges Engineer Estimate
Base Bid: $215,003.20 - $413,176.50 $327,541.80 Alternate: #1 $8,400.00 - $23,490.00 $7,179.02
Bid Alternate 1 reflects pricing for speed hump installations should any eligible streets necessitate speed humps as a preferred traffic calming measure as may be determined through the Neighborhood Traffic Management Program process.
The lowest responsible and responsive bidder, Majestic Concrete Contractors, Inc. of Golden,
Colorado, has met the bid and qualification requirements. The price for the Base Bid and Bid Alternate 1 is $223,403.20. In addition, a 5% contingency amount of $11,170 is requested to cover the cost of unforeseen or additional work items that may be encountered during the course of the project.
RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and previous performance and price, staff recommends that a contract be awarded to Majestic Concrete Contractors, Inc. that includes the Base Bid, Bid Alternate 1, and a 5% contingency.
RECOMMENDED MOTION: “I move to award ITB-17-11, 2017 Concrete Rehabilitation and ADA Improvements Project Base Bid and Bid Alternate 1, to Majestic Concrete Contractors, Inc., Golden, CO, in the amount of $223,403.20, with a contingency amount of $11,170, for a total of $234,573.20.”
Or, “I move to deny the award of ITB-17-11, 2017 Concrete Rehabilitation and ADA Improvements Project Base Bid and Bid Alternate 1, to Majestic Concrete Contractors, Inc., Golden, CO, for
the following reason(s) _________________________________________________________
REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent
Scott Brink, Director of Public Works
Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet
2. List of Street Improvements
Attachment 1
ITB-17-11 2017 Concrete ADA Project
Attachment 2
2017 Concrete ADA Projects – PM-03-17
STREET SEGMENT SCOPE OF WORK
W 44TH AVE. Vance St. to Fenton St. Ramps 33
Stick on 1 4" sidewalk 48.2 sy 30"VCG 195 lf 1 Chase Drain 6”
1 inlet
32nd Ave Kipling St. to Union St. Ramps 27 Stick on 1 4” sidewalk 73 sy 165 lf VCG 6’ x 6’ crosspan 3.96 sy
Dudley/Everett ST . W 41st Ave to W 44th Ave. 390 lf 5'3" mountable sidewalk 10' x 6' crosspan 6.6sy 2 ramps at 44th Ave
N. Frontage Rd Independence St to Carr St Ramps 3 Stick on 2 390 lf 5'3" mountable sidewalk 4” sidewalk 35.2 sy 30’ 30” VCG 10'x6' crosspan 6.6 sy
Oak St 38th Ave to 41st Place Ramps 0 100 lf 5’3” mountable sidewalk 6’ x 20’ crosspan 4.4 sy
Reed St 27th Ave to 29th Ave Ramps 0 8' x 24' crosspan 21.12 sy 10”
46' 30" VCG
49th Ave Independence to Garrison
Ramps 5 Stick ons 3 4”sidewalk 25.85 sy
30” VCG 47lf Service Request Ames St 26th Ave to 32nd Ave 4” sidewalk 32 sy
f ITEM NO:
DATE: April 24, 2017
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 12-2017 – A RESOLUTION ESTABLISHING A STREET WIDTH FOR 29TH AVENUE FROM INGALLS STREET TO FENTON STREET, FOR FENTON STREET FROM 29TH AVENUE TO 30TH AVENUE, AND FOR 30TH AVENUE FROM HARLAN STREET TO FENTON STREET
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager ISSUE:
City Council approved a Special Use Permit (SUP) and an Intergovernmental Agreement (IGA) with Denver Water on September 10, 2012, to allow reconstruction of the Ashland Reservoir on property located at 2901 Fenton Street, which included street improvements to the adjacent streets. In addition to Denver Water’s project, the City had planned to straighten 29th Avenue at
Fenton Street. In order to simplify design and construction coordination, the City is currently
negotiating with Denver Water to construct the street improvements and be reimbursed for their share. The City is well underway with the design work, and as part of the implementation process, a street width designation is required in accordance with the provisions of the City Charter. Construction is expected to be completed this summer.
PRIOR ACTION: On September 10, 2012, the City Council approved a SUP with Denver Water to allow reconstruction of the Ashland Reservoir to replace the original concrete-lined ponds with two smaller tanks. At that same meeting, an IGA was also approved that outlined the
Council Action Form – Street Width Designations
April 24, 2017
Page 2 responsibilities of Denver Water and the City for improvements to the adjacent streets.
Just over a year ago, on April 4, 2016, a neighborhood informational meeting was held to
discuss the proposed improvements with neighboring property owners and stakeholders. Feedback received at the informational meeting was generally very positive. FINANCIAL IMPACT: Funding for the portion of the project that was originally Denver Water’s responsibility will be
provided by Denver Water. The funding arrangement has not been finalized, but will likely involve Denver Water providing funding for their portion of the bid once the prices have been received. Funding for the City portion of the project has been approved in the Minor Street Improvement Project line item of the 2017 Capital Improvement Program Budget in the amount
of $435,000.
BACKGROUND: The City of Denver has maintained water storage reservoirs at the Ashland site since the 1890s. The previous 41-million gallon reservoirs are being replaced with two 10-million gallon concrete
tanks.
The SUP required that Denver Water add streetscape improvements to the adjacent streets, 29th and 30th Avenues and Fenton Street. The IGA required that Denver Water assist in the reconstruction of 29th Avenue to straighten the street. This also included dedication of right-of-
way along 29th Avenue. Denver Water would be responsible for reconstructing the north half of
29th Avenue along their frontage with the City being responsible for the remainder. As the City has continued to work with Denver Water on this project, it was determined in the best interest of both entities, to include Denver Water’s portion of the street and streetscape
construction into the City’s project. This simplifies the design, construction coordination, and
would result in better pricing since all of the work would be done as one large project. The City has been performing the majority of the design work and will provide the construction oversight. In order to provide a logical starting point for the straightening of 29th Avenue, the western limit
has been extended to Ingalls Street, with the eastern limit at the alley between Fenton and Eaton
Streets. This portion of the project has two street widths, based on the inclusion of an on-street parking lane on the south side of the 29th Avenue between Gray and Fenton Streets. Pockets of on-street parking will be provided between Ingalls and Gray Streets, where possible. Fenton Street will be widened by two feet to achieve the standard width for local streets with on-street
parking on both sides. Gray Street will be narrowed to achieve that same width.
RECOMMENDATIONS: Street Width Designation and Process Approval of a revised street width is required in accordance with Section 5.20 of the City
Charter. Any change or revision to the width of affected streets has been reviewed in accordance
with the City Code, Section 21-3, as follows:
Council Action Form – Street Width Designations
April 24, 2017
Page 3 1. Flow line
a. The flow line defines the width of the street and can be described as the face-of-
curb to face-of-curb distance. This has been interpreted/understood to include any on-street parking. b. The existing flow line width for 29th Avenue west of Fenton Street varies between 23 and 27 feet, as this is a rural section without curb and gutter. East of Fenton
Street, the street width of 40 feet will not be changing with the realignment. The
proposed new construction provides for a flow line width of 26 feet west of Gray Street and 32 feet east of Gray Street. These section widths provide for two 11-foot-wide travel lanes in both segments and a six-foot parking lane on the south side in the wider section. See Attachment 3 for the proposed street plans.
c. The existing flow line width for Fenton Street (29th Ave. to 30th Ave.) is 36 feet.
The proposed new construction provides for a flow line width of 38 feet. This section width provides for two 11-foot-wide travel lanes and six-foot parking lanes on both sides. See Attachment 2 for the proposed street plans. d. The existing flow line width for 30th Avenue (Fenton St. to Harlan St.) is 44 feet.
The proposed new construction provides for a flow line width of 38 feet. This
section width provides for two 11-foot-wide travel lanes and six-foot parking lanes on both sides. See Attachment 4 for the proposed street plans. 2. Street Reconstruction a. Street reconstruction is defined per the City Code as at least 250 feet long and
includes the removal of existing pavement, curb, and/or gutter and construction of
the same. 3. Public Hearing Process a. No earlier than one year prior to reconstruction, a public hearing is required to designate a change in street width.
b. After the public hearing on April 24, 2017, some form of construction must occur
by April 24, 2018. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed (NTP) to a contractor who has been awarded a contract through the public bidding process. c. Upon approval of a street width designation at the public hearing, citizens who
wish to protest must follow a procedure per City Charter that involves a petition
process. Additional Considerations/Next Steps Should the City Council adopt a revised street width on April 24, 2017, construction must
commence within one year as required by City Code. Since staff is already well into the design
process and expects to issue the NTP by mid-August 2017, maintaining this timeline and project delivery is very doable at this stage, pending any unforeseen issues. RECOMMENDED MOTION: “I move to approve Resolution No. 12-2017, a resolution establishing street widths for 29th
Avenue from Ingalls Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street.
Council Action Form – Street Width Designations
April 24, 2017
Page 4 Or,
“I move to postpone indefinitely Resolution No. 12-2017, a resolution establishing street widths for 29th Avenue from Ingalls Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street for the following reason(s),
REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Steve Nguyen, Engineering Supervisor Mark Westberg, Engineering Project Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 12-2017 2. Proposed Street Plan – Fenton
3. Proposed Street Plan – 29th
4. Proposed Street Plan – 30th
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12
Series of 2017
TITLE: A RESOLUTION ESTABLISHING A STREET WIDTH FOR 29TH AVENUE FROM INGALLS STREET TO FENTON STREET, FOR FENTON STREET FROM 29TH AVENUE TO 30TH AVENUE, AND
FOR 30TH AVENUE FROM HARLAN STREET TO FENTON STREET
WHEREAS, City Council approved a Special Use Permit with Denver Water on September 10, 2012 to allow reconstruction of the Ashland Reservoir on property located at 2901 Fenton Street which included street improvements to the adjacent
streets; and
WHEREAS, City staff has completed preliminary plans for those street improvements; and
WHEREAS, the preliminary plans establish new street widths on 29th Avenue from Ingalls Street to Fenton Street, on Fenton Street from 29th Avenue to 30th Avenue,
and on 30th Avenue from Harlan Street to Fenton Street; and
WHEREAS, City Charter Section 5.20 designates the City Council as the sole authority to determine the width of all city streets within the boundaries of the City of Wheat Ridge; and
WHEREAS, within one year prior to construction or reconstruction of a street, the
City Council shall hold a public hearing and adopt the new flow line of said street as the
street’s official street width designation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. New Street Width Designation. Pursuant to the authority vested in it
by Charter Section 5.20, the City Council hereby designates street widths for portions of
29th Avenue, Fenton Street, and 30th Avenue, as follows:
a. 26 feet for that portion of West 29th Avenue located between Ingalls Street and Gray Street b. 32 feet for that portion of West 29th Avenue located between Gray Street and
Fenton Street
c. 38 feet for that portion of Fenton Street located between West 29th Avenue and West 30th Avenue d. 38 feet for that portion of West 30th Avenue located between Harlan Street and Fenton Street
Section 2. This Resolution shall be effective immediately upon adoption/
Attachment 1
2
DONE AND RESOLVED this 24th day of April, 2017.
Joyce Jay, Mayor ATTEST:
Janelle Shaver, City Clerk
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ITEM NO: DATE: April 24, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 11-2017 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
LAKEWOOD PROVIDING FOR RESURFACING OF 32ND AVENUE BETWEEN UNION STREET AND KIPLING STREET WITH AN ESTIMATED COST OF $97,695.98 TO THE CITY OF WHEAT RIDGE
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ ______________________________
Director of Public Works City Manager ISSUE: The Cities of Wheat Ridge and Lakewood both engage in annual pavement rehabilitation and
resurfacing projects. 32nd Avenue serves as a common boundary between the two cities for much of
its length west of Kipling Street. In accordance with their respective pavement management and maintenance schedules, both cities desire to see 32nd Avenue resurfaced between Kipling Street and Union Street in 2017.
In such instances where more than one municipality shares a common boundary or street, it has
consistently proven more cost effective and less disruptive if a project is performed by a single entity, rather than each individual city conducting its own project. As such, staff from each city have mutually identified and developed a project that meets the needs of both cities and have prepared an Intergovernmental Agreement (IGA). This IGA provides for the project to be
administered by the City of Lakewood with the City of Wheat Ridge compensating Lakewood for
its appropriate share of the costs.
Council Action Form- IGA with Lakewood for 32nd Ave
April 24, 2017
Page 2 PRIOR ACTION: None
FINANCIAL IMPACT: Funding for this work has been approved within the 2017 Capital Improvement Program budget, Preventive Maintenance Projects (30-303-800-884). The total approved budget for this account
number is $2,000,000, which includes asphalt resurfacing, miscellaneous concrete work,
patching, and crack sealing. The estimated contribution from the City of Wheat Ridge for 32nd Avenue resurfacing work between Kipling Street and Union Street is $97,695.98, which easily fits within the total budget that includes other resurfacing, concrete, and maintenance work identified for 2017.
BACKGROUND: The annual Street Resurfacing Program was developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide maintenance plan. The program is intended to extend the life of pavement on streets that are
structurally sound. For the 2017 project, 32nd Avenue between Kipling Street and Union Street
will be overlaid along with other selected local streets. The overall program also includes the following: concrete and curb ramp replacements on streets being resurfaced, striping maintenance of high volume streets throughout the City by priority, spot pavement patching citywide, and crack sealing.
32nd Avenue is shared as a common boundary between Wheat Ridge and Lakewood for much of its length between Kipling Street and Union Street, and both cities have identified and scheduled this street for resurfacing in 2017. As a result of meetings between staff from both cities, it was collectively determined that a single project administered by the City of Lakewood with Wheat
Ridge contributing its fair share would serve as the most feasible and efficient means of
performing the rehabilitation work. RECOMMENDATIONS: Staff recommends approving the attached resolution authorizing approval of an IGA with the
City of Lakewood.
RECOMMENDED MOTION: “I move to approve Resolution No. 11-2017, a resolution approving an Intergovernmental Agreement with the City of Lakewood, providing for resurfacing of 32nd Avenue between Union
Street and Kipling Street, with an estimated cost of $97,695.98 to the City of Wheat Ridge.”
Or: “I move to postpone indefinitely Resolution No. 11-2017, a resolution approving an
Intergovernmental Agreement with the City of Lakewood, providing for resurfacing of 32nd
Avenue between Union Street and Kipling Street with an estimated cost of $97,695.98 to the City of Wheat Ridge for the following reason(s): ___________________________.”
Council Action Form- IGA with Lakewood for 32nd Ave
April 24, 2017
Page 3 REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager
Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 11-2017
2. IGA with Lakewood
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11
Series of 2017 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF LAKEWOOD PROVIDING FOR RESURFACING OF 32ND AVENUE BETWEEN UNION
STREET AND KIPLING STREET
WHEREAS, The majority of 32nd Avenue between Union Street and Kipling Street serves as the boundary between the Cities of Wheat Ridge and Lakewood, and
WHEREAS, 32nd 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 Approved.
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 ____________.
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this _____ day of ____________, 2017.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
17-XXXXX
Page 1 of 5
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LAKEWOOD AND CITY OF WHEAT RIDGE REGARDING 32ND AVENUE MILLING/PATCHING/OVERLAY PROJECT
THIS INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LAKEWOOD AND CITY OF WHEAT RIDGE REGARDING 32ND 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 business 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 maintenanceobligations 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 thisreference, 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.
Attachment 2
17-XXXXX
Page 2 of 5
Item Unit Quantity 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.R.S.
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: If to Wheat Ridge:
Infrastructure Maintenance/Ops. Engineer [Position/Title] City of Lakewood Public Works Dept. City of Wheat Ridge 480 S. Allison Pkwy ADDRESS Lakewood, CO 80226 Wheat Ridge, Colorado 800
6. GENERAL PROVISIONS.
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.
B. 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.
17-XXXXX
Page 3 of 5
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.]
17-XXXXX
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this IGA as of the Effective Date.
CITY OF WHEAT RIDGE
______________________________________ [Signature]
______________________________________ [Name & Title] ATTEST:
___________________________________ [Signature]
___________________________________ [Name & Title] Approved as to legal form:
______________________________________ [Signature]
______________________________________ [Name & Title]
CITY OF LAKEWOOD
______________________________________
Kathleen E. Hodgson, City Manager ATTEST:
___________________________________
Margy Greer, City Clerk Approved as to form:
______________________________________
Gregory D. Graham, Deputy City Attorney Recommended for Approval:
___________________________________ Jay Hutchison, Director Department of Public Works
___________________________________ Kyle Beck, Infrastructure Maintenance/Ops. Engineer Department of Public Works
17-XXXXX
Page 5 of 5
ATTACHMENT A – SCOPE OF WORK
Contractor will perform the following work for Wheat Ridge:
A two-inch (2”) full mill of 32nd 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 32nd 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
ITEM NO: DATE: April 24, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2017 – AN ORDINANCE REFERRING A BALLOT QUESTION AT THE REGULAR MUNICIPAL
ELECTION ON NOVEMBER 7, 2017 CONCERNING THE RESTRIPING AND REPAVING DESIGN CONFIGURATION OF 38TH AVENUE BETWEEN SHERIDAN BOULEVARD AND WADSWORTH BOULEVARD
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/24/2017) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/08/2017)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________
City Attorney City Manager
ISSUE: The attached ordinance refers a ballot question to the electorate at the November 7 election,
requiring the City to restripe and repave 38th Avenue between Sheridan and Wadsworth to a four-lane configuration at a budgeted cost of $750,000. PRIOR ACTION: At its regular meeting on March 27, 2015, the Council directed the City Attorney to review a
draft of this ordinance, presented by Council Member Urban, for legal sufficiency.
FINANCIAL IMPACT: There is no direct financial impact to the City to consider this Council Bill other than staff time to prepare the ordinance. However, if this question is included on the November ballot,
additional costs may be incurred by the City depending on the total number of pages included in
the ballot.
Council Action Form – Ballot Question on 38th Ave.
April 24, 2017
Page 2 BACKGROUND: The City Attorney has reviewed the ordinance and placed it in proper format for a referred ballot
question. RECOMMENDATION: None
RECOMMENDED MOTIONS: “I move to approve Council Bill No. 08-2017, an ordinance referring a ballot question at the regular municipal election on November 7, 2017, concerning the restriping and repaving design configuration of 38th Avenue between Sheridan Boulevard and Wadsworth Boulevard, on first
reading, order it published, public hearing set for Monday, May 8, 2017 at 7 p.m. in City Council
Chambers, and that it take effect 15 days after final publication.”
Or,
“I move to postpone indefinitely the ordinance referring a ballot question at the regular municipal
election on November 7, 2017, concerning the restriping and repaving design configuration of 38th Avenue between Sheridan Boulevard and Wadsworth Boulevard for the following reason(s) _________________.”
REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 8-2017
Council Action Form – Ballot Question on 38th Ave.
April 24, 2017
Page 3
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN
COUNCIL BILL NO. 08 ORDINANCE NO. _________ Series 2017 TITLE: AN ORDINANCE REFERRING A BALLOT QUESTION AT THE REGULAR
MUNICIPAL ELECTION ON NOVEMBER 7, 2017 CONCERNING THE RESTRIPING AND REPAVING DESIGN CONFIGURATION OF 38TH AVENUE BETWEEN SHERIDAN BOULEVARD AND WADSWORTH BOULEVARD WITH AN ESTIMATED COST OF $97,695.98 TO THE CITY OF WHEAT RIDGE
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution and governed by its elected City Council; and
WHEREAS, pursuant to Section 2.2 of the Home Rule Charter, a regular municipal election is held in the City on the first Tuesday in November in odd-numbered
years; and
WHEREAS, the City Council is authorized by Section 6.3(a) of the Home Rule Charter and CRS 31-11-111 to refer any question to the electorate; and
WHEREAS, the Council wishes to refer a ballot question to the electorate at the November 7, 2017 regular municipal election.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot Question Referred. Under the authority granted by Section 6.3(a)
of the Home Rule Charter and CRS 31-11-111, the City Council hereby refers the
following ballot question to the electorate of the City, to be placed on the ballot for the regular municipal election to be held on November 7, 2017: SHALL THE CITY OF WHEAT RIDGE REVITALIZE THE 38TH AVENUE
CORRIDOR BETWEEN SHERIDAN BOULEVARD AND WADSWORTH BOULEVARD
BY RESTRIPING AND REPAVING THAT AVENUE WITH AT LEAST A FOUR TRAVEL LANE DESIGN CONFIGURATION, WITH A TOTAL PROJECT COST AT NOT TO EXCEED $750,000, TO BE ALLOCATED FROM THE CITY’S CAPITAL IMPROVEMENT BUDGET FOR THE YEAR 2018?
YES _____ NO _____
Attachment 1
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 24th day of April, 2017, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for May 8, 2017 at 7 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this _____ day of ______________, 2017.
SIGNED by the Mayor on this _____ day of ____________, 2017.
_________________________
Joyce Jay, Mayor ATTEST:
_________________________ Janelle Shaver, City Clerk
Approved as to Form:
_________________________ Gerald E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript
Effective Date:
Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us