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Home My WebLink AboutResolution-2005-0023 - RESOLUTION NO. 23 Series of 2005 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32:\D AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET WHEREAS, SectIOn 29-1-203, C.R.S., as amended, permits and encourages local governments to make the most efficient and etlective use of their powers and responsibilities by cooperating and contracting with other local governments in order to proVIde any lawfully authorized functIOn, service, or facility, and WHEREAS, Wheat Ridge is currently overlaying the eXlstmg bltumlllous pavement on Its portion of West 32nd Avenue from Mormngslde Drive to Simms/Swadley Street, and IS wIlIIllg to Illc1ude Lakewood's portIOn of West 32nd Avenue from Mormngside Drive to Simms/Swadley Street (hereafter the "ProJect"), as shown on Exhibit "A" of thIs Agreement; and WHEREAS, Lakewood has appropriated funds from its 2005 budget sufficient to reimburse Wheat RIdge for the work to be done on Lakewood's portion of West 32nd venue, at the costs reflected on Exhibit "B" of this Agreement; and WHEREAS, the Parties desire to cooperate to the fullest extent possible to ensure that the constructIOn of the Project IS accomplIshed according to the mutual desires of each party for the best interests of their respective citizens. NOW THEREFORE BE IT RESOLVED the Mayor of the City of Wheat Ridge is hereby authOrized to execute the Intergovernmental Agreement attached hereto with the City of Arvada for the purpose of cooperative planmng and revenue shanng in regards to NOW THEREFORE BE IT RESOLVED THAT the Mayor of the City of Wheat Ridge is hereby authonzed to execute the Intergovernmental Agreement attached hereto WIth the City of Lakewood for reimbursement for street Improvements to West 32nd Avenue between Morningslde Dnve and Simms/Swadley Street. ~ DONE AND RESOLVED THIS ~ day of May, 2005. ATTEST: ~^~ ~rson, City Clerk AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR REIMBURSEMENT FOR STREET IMPROVEMENTS TO WEST 32nd AVENUE BETWEEN MORNINGSIDE DRIVE AND SIMMS/SWADLEY STREET. This Agreement, dated this qrJ day of (}1cui ,2005, is by and between the City of Wheat Ridge, a Colorado municipal corporati n (hereinafter" Wheat Ridge ") and the City of Lakewood, a Colorado municipal corporation (hereinafter" Lakewood ") WITNESSETH' WHEREAS, Section 29-1-203, C R.S, as amended, permits and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other local governments in order to provide any lawfully authorized function, service, or facility; and WHEREAS, Wheat Ridge is currently overlaying the existing bituminous pavement on its portion of West 32nd Avenue from Morningside Drive to Simms/Swadley Street, and is willing to include Lakewood 's portion of West 32nd Avenue from Morningside Drive to Simms/Swadley Street (hereafter the "Project"), as shown on Exhibit "A" of this Agreement; and WHEREAS, Lakewood has appropriated funds from its 2005 budget sufficient to reimburse Wheat Ridge for the work to be done on Lakewood 's portion of West 32nd Avenue, at the costs reflected on Exhibit "B" of this Agreement; and WHEREAS, the Parties to desire cooperate to the fullest extent possible to ensure that the construction of the Project is accomplished according to the mutual desires of each party for the best interests of their respective citizens NOW, THEREFORE, in consideration of the above and the mutual covenants made herein, the Parties hereby agree as follows. Projects\S-PM-02-05-0verlayIlGA Lakewood PUBLIC WORKS DEPARTMENT 1 0 SCOPE OF WORK. 1.1 Wheat Ridge shall provide the design, contractor, construction inspection, and contract administration for the Project, and to this end, has awarded a construction contract to Asphalt Paving Company (hereafter "Contractor"), for construction of the Project. 1.2 Wheat Ridge will coordinate construction activities between the Contractor and Wheat Ridge, and will give Lakewood at least one (1) week's advance notice prior to commencement of construction within Lakewood. 1,3 Contractor shall provide performance and payment bonds in the amount of one hundred percent (100%) of the value of the contract. 1.4 Lakewood may inspect the Project, but shall communicate to the Contractor through Wheat Ridge. 2.0 TERM The term of this Agreement shall be from commencement of construction of the Project, which shall be approximately July 2005, and termination shall be upon the completion of the Project and payment therefore, or no later than December 31, 2005, whichever shall first occur. 30 COMPENSATION AND PAYMENT. 3 1 Lakewood shall allocate funds from the 2005 budget in an amount not to exceed $98,16538, as reflected in Exhibit "B," attached hereto and incorporated herein, to reimburse Wheat Ridge for Lakewood's portion of the Project. 3.2 Compensation shall be paid by Lakewood to Wheat Ridge within thirty (30) days of receipt of invoice from Wheat Ridge, upon acceptance of the work and final inspection by Lakewood Projects\S~PM~02~05~Overlay\\GA lakewood 2 PUBLIC WORKS DEPARTMENT 4 0 TERMS AND CONDITIONS 4 1 Wheat Ridge and Lakewood hereby agree that, upon execution of this Agreement and commencement of the Project, they will cooperate with each other to the fullest extent in the scheduling of the work, supervision, and review, when applicable, to ensure the successful completion of the Project. 4 2 Upon completion of the Project, the Parties shall own the improvements located within their city boundaries 4 3 Each Party shall be responsible for its own negligent acts. Wheat Ridge shall be solely responsible for the design, construction, inspection, and administration of the Project, and shall be solely responsible for any liability resulting from or relating to the design, construction, inspection, and administration of the Project. 4 4 Each Party shall reimburse the other Party for any costs, expenses, or legal fees that either Party may incur for any liability resulting from the negligent acts of the other Party 50 WARRANTY The Parties agree that any contracts awarded for the performance of the Project shall be warranted by the selected Contractor for a one (1) year period, and that surety be provided for enforcement of this warranty 6.0 INSURANCE. 6 1 During the term of this Agreement, both Parties shall maintain property and general liability insurance policies, or to be self insured in the amounts required by the Colorado Governmental Immunity Act (Section 24-10-101, C RS, et seq) insuring them from claims arising from the Project. 6 2 Both Wheat Ridge and Lakewood shall require that all contractors, subcontractors, and independent contractors employed by both Parties for the Project maintain property, general liability, and statutory worker's compensation insurance in such amounts as to insure Wheat Ridge and Lakewood to the statutory limits of their liability Projects\S-PM-02-05-0verlayIlGA Lakewood 3 PUBLIC WORKS DEPARTMENT --- 7 0 ADDITIONAL DOCUMENTS OR ACTION The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 8 0 ASSIGNMENT This Agreement shall not be assigned by either Party without the prior written consent of the other Party. 9 0 FORCE MAJEURE. Any delays in or failure of performance by any Party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control and such Party 10 0 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, heirs, and assigns, provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. 11 0 EXHIBITS All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. 12.0 NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, at the address set forth on the signature page below, or at such other address as has been previously fumished in writing, to the other Party or Parties. Such notice shall be deemed to have been given when deposited in the United States mail. 13.0 PARAGRAPH CAPTIONS. The captions of the paragraphs are set 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 this Agreement. 140 INTEGRATION AND AMENDMENT This Agreement represents the entire agreement 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. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Projects\S-PM-02-05-Overlay\IGA Lakewood 4 PUBUC WORKS DEPARTMENT --- 15 0 DEFAULT Time is of the essence If any payment or any other condition, obligation, or duty is not timely made, tendered or performed by either Party, then this Agreement, at the option of the Party who is not in default, may be terminated by the non-defaulting Party, in which case, the non- defaulting Party may recover such damages as may be proper If the non- defaulting Party elects to treat this Agreement as being in full force and effect, the non-defaulting Party shall have the right to an action for specific performance or damage or both. 16 0 WAIVER OF BREACH A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party 17 0 ATTORNEY'S FEES If any Party breaches this Agreement, the breaching Party shall pay all of the prevailing Party's reasonable attorneys' fees and costs in enforcing this Agreement. 18 0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in the appropriate court for Jefferson County, Colorado 19 0 GOVERNMENTAL IMMUNITIES. 19 1 The Parties hereto understand and agree that liability for claims and injuries to persons or property arising out of the acts or omissions of either Party is controlled and limited by the Colorado Constitution and the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S., et seq.) 19.2 Wheat Ridge and Lakewood agree that in the event any claim or suit is brought against either or both Parties by any third Party as a result of the operation of this Agreement, that both Parties will cooperate with each other, and with the insuring entities of both Parties, in defending such claim or suit. 200 COUNTERPART EXECUTION, This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. ProjectsIS.PM.02.05.0verlaylIGA Lakewood 5 PUBLIC WORKS DEPARTMENT -- CITY OF WHEAT RIDGE, a Colorado Municipal Corporation retchen Cerveny, Mayor 500 W. 29th Avenue- Wheat Ridge, CO 80033 ATTEST APPROVED AS TO FORM City Attorney ~2d ),~o~ ~: Larry Dorr Director of Finance CITY OF LAKEWOOD, A Colorado Municipal Cor oration eg~~ e . Burkholder, Mayor a ewood Civic Center 4800 South Allison Parkway Lakewood, CO 80226-3127 " c',:":" ";-'~~"';;i4,\~ :.,- ".1,.- )'.( ...0-' I ~ . .. .. "l ATTEST !' I . ,--, : t\ ii" :.'""5' A L:}..,.J 'c\ "':, ." . .~ /j' ", ~'c ..~ * ./1 H' <--~h \ y{ I () n ., < c~.........., ,~/ City Cler~rrJ v>U.A.-JUl--< /:' t)~;;.,::, .' Projects\S-PM-02-05-0verlay\IGA Lakewood 6 - - - - - - --- ~ - - ~ 15 lIJT1I' J:) GT1" ~~~~~~~ o o o ~ 3 o o iC t}S"\M\O ~ 1 I <::, ---- - ---- ~ ~ w ~ tB (/) t> w "'J o ~ 0.. ra (/) o 0.. o ~ 0.. 'Z ui -~ -i. -<( - \= ro I )<. W w C) V> 9 ~z rV 0:::0 L.l- 0- ~(,Q '- > 4:. S2 0 W -10 I [!\z ::>- '5 u.~ u..uJ u- oZ o .6 r-Z lQuJ ~ 0 o EXHIBIT "B" INTERGOVERNMENTAL AGREEMENT BY AND BEWTEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD FOR STREET IMPROVEMENTS TO WEST 32ND AVENUE BETWEEN MORNINGS IDE DRIVE AND SIMMS/SWADLEY STREET PROJECT -2005 HMA OVERLAY PROJECT # S-PM-02-05 ITS - 05-06 Anhalt Pavina Co. DATE - JANUARY 2005 UNIT QTY UNIT COST CONTRACT AMOUNT SPEC# CONTRACT ITEM 202A Asohalt Planina 11 112") SY 15570 $0.80 $12456.00 210A Adiust Manhole to Grade EA 10 $55.00 $550,00 2108 Adiust Valve Box to Grade EA 15 $22.00 $33000 403A HMA 2" Overlav IPG 64-122) TN 1750 $29.45 $51 537,50 Mark Arrow Left (15 5sf) 627A Thennal EA 17 $190.00 $3230.00 Mark Arrow Right (15,5sf) 627B Thennal EA 17 $190.00 $3230,00 627F White Markina 124") Taoe LF 170 $18.00 $3060.00 White Pavement Marking 627G Epoxv SF 2205 $065 $1 433.25 Yellow Pavement Marking 627H Eooxv SF 2560 $0.65 $1 664.00 White Pavement Marking 627J I (Temo) SF 4410 $0.35 $1 543.50 Yellow Pavement Marking 627K I (Temp) SF 5120 $0.35 $1 792.00 630 Traffic Control Management LS 0.15 $42,50000 $6,375 00 720 Materials Sampling & Testing LS 015 $13,600,00 $2,040.00 Subtotal $89,241.25 Contingency 10% $8,92413 TOTAL $98,165.38