2023-41 - Authorize agreement with Cleveland for Lakewood Heights Blvd

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DocuSign Envelope ID: 8DCB8AEC-F51 F-457F-AEB4-5612600EA2B0 COOPERATIVE AGREEMENT This COOPERATIVE AGREEMENT (the "Agreement") between the CITY OF LAKEWOOD, OHIO ("Lakewood") and the CITY OF CLEVELAND, OHIO ("Cleveland"), is made and entered into as of this day of 2023, under the following circumstances: WHEREAS, Lakewood and Cleveland have agreed to cooperate pursuant to authority provided under the Constitution and laws of the State of Ohio, including, without limitation, Section 715.02 of the Revised Code, to provide for the improvement of Lakewood Heights Boulevard between certain termini as follows (collectively, the "2024 Lakewood CDBG Streets Improvement Program") : • The improvement of Lakewood Heights Boulevard from Joslyn Road to Berea Road by removal and replacement of concrete pavement and reconstructing ADA-compliant curb ramps, concrete sidewalks, driveway approaches and curbs, where necessary together with the necessary appurtenances and work incidental thereto (the "2024 Lakewood CDBG Streets Improvement Program"). WHEREAS, the municipal boundary between Lakewood and Cleveland jogs between the tennini as shown in Exhibit A. and the parties hereto wish to provide for the construction and financing of the 2024 Lakewood CDBG Streets Improvement Program to be undertaken pursuant to this Agreement in an efficient and economical manner to improve eliminate potential hazards to pedestrian and vehicular traffic; and WHEREAS, Lakewood and Cleveland have agreed to share the costs of the 2024 Lakewood CDBG Streets Improvement Program based on the square footage of the pavement improvements in each municipality that being approximately 2,176 square yards within the City of Cleveland limits and 2,000 square yards in the City of Lakewood limits for the portion of improvements along Lakewood Heights Boulevard included in the program. The bid form will separate those bid items belonging to each municipality for billing purposes; and WHEREAS, Lakewood and Cleveland have determined that Lakewood should be the lead or contracting party in the planning, design, construction and construction administration/inspection of the 2024 Lakewood CDBG Streets Improvement Program; and WHEREAS, the execution and delivery of this Agreement have been duly authorized by the Council of Lakewood by the passage of its Resolution No. -2023 and by the Council of Cleveland by the passage of its Ordinance No. -23. NOW, THEREFORE, in consideration of the premises and of the covenants set forth in this Agreement, and of other good and valuable consideration, Lakewood and Cleveland agree, that: Section 1. Planning, Design, Construction and Inspection. Lakewood shall enter into all contracts required for the construction of the 2024 Lakewood CDBG Streets Improvement