HomeMy WebLinkAbout2020 Ordinance No. 007BY AUTHORITY
ORDINANCE NO.7
SERIES OF 2020
COUNCIL BILL NO. 07
INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN
THE COLORADO DEPARTMENT OF TRANSPORTATION AND
THE CITY OF ENGLEWOOD REGARDING A US-85 PLANNING
AND ENVIRONMENTAL LINKAGE STUDY ON US-85, BETWEEN
C-470 AND I-25/ALAMEDA, AND PROVIDING FOR LOCAL
FUNDING TOWARD THE PROJECT.
WHEREAS, Colorado Revised Statutes (C.R.S.) Sections 43-2-102 and 103, require
the State to maintain state highways (including where such highways extend through a city
or an incorporated town), and C.R.S. 43-2-135 describes certain specific responsibilities of
the State and affected local entities (respectively) with respect to state highways that are
also part of a local street system;
WHEREAS, the State, and the City of Englewood in its role as local entity/local
agency, have agreed that a focused Planning and Environmental Linkage Study (PEL) is
the correct next choice for assessing the needs of US 85, as funding for improvements to
the corridor has yet to be identified, the existence of problems or concerns with the corridor
have been identified, and a focused PEL will complete the evaluation/recommendation for
a part of US 85 that is currently missing from two other studies (US 85 south of C-470 to
I-25/Alameda);
WHEREAS, The City of Englewood, in its role as Local Agency, is prepared to provide
the funding for the Project, as evidenced by this ordinance when duly passed and adopted
by the City Council, which expressly authorizes the City of Englewood to enter into an
Agreement for and to expend its funds for Contribution to this project;
WHEREAS, The City's portion of costs under this agreement are $61,800.00;
WHEREAS, The passage of this Ordinance will authorize the City of Englewood and
the Colorado Department of Transportation (CDOT) to enter into the attached agreement
and proceed with this project.
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 the
Director of Public Works to enter into an agreement with the Colorado Department of
Transportation for a US-85 Planning and Environmental Linkage Study on US-85, between
C-470 and I-25/Alameda, and providing for $61,800.00 in funding toward the project, as
more fully described within the contract attached hereto as Exhibit A.
Section 2. The funds for the US-85 Planning and Environmental Linkage Study on
US-85, between C-470 and 1-25JAlameda are as budgeted annually in the Department of
Public Works.
Introduced, read in full, and passed on first reading on the 18'h day of February, 2020.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20d'
day of February, 2020.
Published as a Bill for an Ordinance on the City's official website beginning on the 191h
day of February, 2020.
Read by Title and passed on final reading on the 2nd day of March, 2020.
Published by Title in the City's official newspaper as Ordinance No. 7, Series of 2020,
on the 5th day of March, 2020
Published by title on the City's official website beginning on the 4th day of March,
2020 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson,
ATTEST:
St nie Carlile, City Clerk
1, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by Title
as Ordinance No. 7, Series of 2020.
tephanie Carlile
PO #: 471001549
Routing #: 20-HAI-ZH-03088
(Local $CDOTWRK)
PROJECT: 0852-117 (23143)
CONTRACT
REGION: 1 (DZ)
THIS CONTRACT, executed this _ day of by and between the State of Colorado, for
the use and benefit of the Colorado Department of Transportation ("State" or "CDOT") and CITY OF ENGLEWOOD,
1000 Englewood Parkway. 3rd Floor, Englewood, Colorado, 80110-2373, CDOT Vendor M 0002000021 ("Local
Agency"), and the State and the Local Agency together shall be referred to as the "Parties."
RECITALS
1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies..
2. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways
extend through a city or an incorporated town), and 43-2-135 describes certain specific responsibilities of the State
and affected local entities (respectively) with respect to state highways that are also part of a local street system;
3. The Local Agency has estimated the contribution and is prepared to provide the funding required for their
contribution toward the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by
the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this
agreement and to expend its funds for the Contribution
4. The Local Agency has funds available and desires to provide $61,800.00 in funding for the Work.
5. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144,
C.R.S. and Exhibit B.
6. The parties hereto desire to agree upon the division of responsibilities with regard to the project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The work under this Contract shall consist of the US-85 Planning and Environmental Linkage study on US-85, between
C-470 and I-25/Alameda, and the Local Agency shall provide their Contribution toward the Project, in Englewood,
Colorado, as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1. This Contract
2. Exhibit A (Scope of Work)
3. Other Exhibits in descending order of their attachment.
Section 3. Term
This agreement shall be effective upon approval of the CDOT Chief Engineer or designee. The term of this agreement
shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency,
or June 30, 2025, whichever occurs sooner.
Section 4. Project Funding Provisions
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A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced
by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its
Contribution toward the Project.
B. The contribution is estimated to be $61,800.00.
C. The maximum amount payable by the Local Agency under this contract shall be $61,800.00 unless such
amount is increased by an appropriate written modification to this contract executed by the Parties hereto before
any increased cost is incurred
D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being
made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed
upon herein, the contract may be terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination..
Section 5. Project Payment Provisions
A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's
review and approval of such charges, subject to the terms and conditions of this agreement.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows:
I. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than
60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of
demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that,
at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due
the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds,
until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after
the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the
amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest
shall accrue for the period from the required payment date to the date on which payment is made.
C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative
to the project. The State's invoices shall include a description of the amounts of services performed, the dates of
performance and the amounts and description of reimbursable expenses. The invoices will be prepared in
accordance with the State's standard policies, procedures and standardized billing format.
Section 6. State and Local Agency Commitments
The Scope of Work (Exhibit A) describes the work to be performed.
A. Design [if applicable]
1. If the work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or
special provisions and estimates (collectively referred to as the "Plans"), the State shall comply with the
following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the work.
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials (AASHTO) manual or other
standard, such as the Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge Construction.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties. The Plans shall be considered final when approved and
accepted by the parties hereto, and when final they shall be deemed incorporated herein.
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B. Construction [if applicable]
1. If the work includes construction, the State shall perform the construction in accordance with the approved
design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such
administration shall include project inspection and testing; approving sources of materials; performing required
plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and
approving pay estimates; preparing, approving and securing the funding for contract modification orders and
minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality
Control requirements of the FHWA/CDOT Stewardship Agreement.
2. Subject to Section 5, if the State is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency
Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in
accordance with this agreement, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local
Agency, advertise the call for bids and upon concurrence by the Local Agency will award the
construction contract(s) to the low responsive, responsible bidder(s).
(1) in advertising and awarding the bid for the construction of a federal -aid project, the State shall
comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the
State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s)
for those services as terms and conditions therefore, as required by 23 CFR 633.102(e).
(2) the Local Agency has the option to concur or not concur in the proposal of the apparent low
bidder for work on which competitive bids have been received. The Local Agency must declare
its concurrence or non -concurrence within 3 working days after said bids are publicly opened.
(3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability and
appropriation for that purpose, if required to complete the work under this project if no
additional federal -aid funds viill be made available for the project.
c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account),
rather than by a competitive bidding process, the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635,
Subpart B, Force Account Construction.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the State will certify in writing that
all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional
right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if
any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114
charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no
participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109
expenses).
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Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is
located at http://www.coloradodot.infolbusiness/manuals/right-of-way.
If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency
shall immediately convey title to such right of way to CDOT after the Local Agency obtains title.
Section 8. Utilities
If necessary, the State will be responsible for obtaining the proper clearance or approval from any utility company,
which may become involved in this Project. Prior to this Project being advertised for bids, the responsible party will
certify in writing that all such clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby the work is to be
accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission
requesting its order providing for the installation of the proposed improvements and not proceed with that part of the
work without compliance. The State shall also establish contact with the railroad company involved for the purpose
of complying with applicable provisions of 23 CFR 646, subpart 13, concerning federal -aid projects involving railroad
facilities, including:
1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the
costs of the improvement shall be eligible for federal participation.
2. Obtaining the railroad's detailed estimate of the cost of the work.
3. Establishing future maintenance responsibilities for the proposed installation.
4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage
to the installation.
Section 10. Environmental Obligations
The State shall perform all work in accordance with the requirements of the current federal and state environmental
regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper
provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in
accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic
inspections of the project to verify that such improvements are being adequately maintained.
Section 12. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and other written materials, which
pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years
after the date of termination of this agreement or final payment hereunder, whichever is later, or for such further period
as may be necessary to resolve any matters which may be pending. The State shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and
FHWA to inspect the project and to inspect, review and audit the project records.
Section 13. Termination Provisions
This agreement may be terminated as follows:
A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the
purposes of the distribution of moneys under the agreement would no longer be served by completion of the
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project. The State shall effect such termination by giving written notice of termination to the Local Agency and
specifying the effective date thereof, at least twenty (20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this agreement, the State shall thereupon have the right to terminate this agreement for cause by
giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure
the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other
material prepared by the Local Agency under this agreement shall, at the option of the State, become its property,
and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies
delivered and accepted.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained
by the State by virtue of any breach of the agreement by the Local Agency, and the State may withhold payment to
the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to
the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local
Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the
rights and obligations of the parties shall be the same as if the agreement had been terminated for convenience, as
described herein.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this agreement and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this agreement and to bind the Local Agency to its terms. The person(s) executing
this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this
agreement.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2829 W Howard
PI, 2nd Floor, Denver, CO 80204. Said Region Director will also be responsible for coordinating the State's activities
under this agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work.
All communications relating to the day-to-day activities for the work shall be exchanged between representatives of
the State's Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be
addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute
representatives.
If to the State:
Steve Sherman
CDOT Region 1
2829 W Howard PI, 2nd Floor
Denver, Colorado 80204
303-512-5986
steve.sherman@state.co.us
Section 16. Successors
If to the Local Agency:
Maria D'Andrea
CITY OF ENGLEWOOD
1000 Englewood Parkway. 3rd Floor
Englewood, Colorado 80110-2373
303-762-2500
mdandrea@englewoodco.gov
Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained
in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this agreement shall be deemed an incidental beneficiary only.
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Section 18. Governmental Immunity
Notwithstanding any other provision of this agreement to the contrary, no term or condition of this agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management
statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 19. Severability
To the extent that this agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this agreement shall not be construed or deemed as
a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 21. Entire Understanding
This agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Agreement Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the agreement shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This agreement is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that
is properly executed and approved in accordance with applicable law.
Section 24. Disputes
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement,
which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the agreement in accordance with the Chief Engineer's decision. The decision of the Executive
Director or his duly authorized representative for the determination of such appeals will be final and conclusive and
serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection
with decisions provided for herein. Nothing in this agreement, however, shall be construed as making final the
decision of any administrative official, representative, or board on a question of law.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf
and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
STATE OF COLORADO
CITY OF ENGLEWOOD
Jared S. Polls, GOVERNOR
Colorado Department of Transportation
By:
Title:
By
Stephen Harelson, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
/
*Signature
�/�
Date: � /Z /
Date:
2nd The Local Agency Signature (if Needed]
By:
Title:
*Signature
Date:
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Exhibit A Scope of Work
0852-117
23143
LIS85 (Santa Fe) PEL Study, C470 to 1-25/Alameda
Work to be performed by Colorado Department of Transportation (CDOT):
The proposed project on the US 85 Corridor would be a focused Planning and Environmental
Linkage Study. The PEL is the correct choice as funding for the corridor has yet to be identified,
most problems or concerns have been identified, it completes the evaluation/recommendation of a
missing piece of US 85 between two studies (US 85 south of C-470 and Central 1-25). The study
would focus on the issues identified to date by various stakeholders along the corridor
(Arapahoe County, Douglas County, City of Littleton, City of Englewood, City of Sheridan, and City &
County of Denver) and develop alternatives to address such issues. The study will be the first step
in establishing a vision for improvements, operations, and changes within the corridor and will
prioritize such for further evaluation, level of NEPA action required, design, and implementation.
Another goal would be for consideration of the results/recommendations to be included in various
plans (ie DRCOG 2050 Plan, Freight Plan, etc.). The project specifically, would include the following
in scope:
Project Management and Continuing Requirements
Establish Project Team, Technical Committee, Policy Committee and set meetings
--Public Involvement
Existing Conditions Evaluation (geometrics, crashes, travel demands, traffic ops, structures,
drainage/floodplains, bike/ped, etc)
Base Mapping, Property ownership
--Environmental overview
--Purpose and Need and Identifying goals for the Corridor
Alternative Development
--Screen Alternatives (3 levels likely, Qualitative and Quantitative)
--Test Alternatives
----Conceptual design layouts
----Financial Analysis (estimate costs and potential funding packages)
Alternative(s) Recommendations with report along with prioritization / phasing of improvements
Produce PEL Report
Answer FHWA 21 PEL Questions
Work to be performed by CITY OF ENGLEWOOD:
In order to advance this project, CITY OF ENGLEWOOD agrees to contribute partial funding of the
Study.
Exhibit A
Exhibit B
LOCAL AGENCY RESOLUTION OR ORDINANCE
Exhibit B