HomeMy WebLinkAbout2016 Ordinance No. 021,. ,
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ORDINANCE NO.~
SERIES OF 2016
CONTRACT NO, LJ7-'l 0 / ti
COUNCIL BILL NO . 20
INTRODUCED BY COUNCil.
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF CHERRY HILLS VILLAGE, COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO PERTAINING TO THE STREET PAVEMENT
REHABILITATION OF SOUTH CLARKSON CAPE SEAL FROM IIlGHW AY 285 TO
BELLEVIEW A VENUE.
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and Section
29-1-203, C.R. S., the Parties may cooperate or contract with each other to provide any function
or facility lawfully authorized to each, and any such contract may provide for the sharing of
costs, the imposition of taxes, and the incurring of debt; and
WHEREAS, each of the Parties is a home-rule municipality pursuant to Article XX, Section
of the Colorado Constitution, and are authorized by C.R.S. 29-1-203 to enter into a contract or
agreement for the sharing of the costs related to specific public roadway projects; and
WHEREAS, South Clarkson Street from Highway 285 to Belleview Avenue is the common
boundary of Cherry Hills Village and Englewood; and
WHEREAS, Cherry Hills Village is undertaking to perform pavement rehabilitation of
portions of South Clarkson Street from approximately East Jefferson Avenue south to East
Belleview as part of the annual pavement maintenance program of Cherry Hills Village and will
be using a cape seal process, an integrated two-step process consisting of a chip seal followed by
a slurry seal; and
WHEREAS, Cherry Hills Village and Englewood have determined to utilize the services of a
Pavement Contractor through the construction contract with Cherry Hills Village to accomplish
the pavement rehabilitation Road Project of South Clarkson with the cities sharing 50% each of
the costs; and
WHEREAS, the passage of this Ordinance authorizes an Intergovernmental Agreement
regarding South Clarkson Street Pavement Rehabilitation between Cherry Hills Village and
Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, TIIAT:
Section 1. The intergovernmental agreement regarding South Clarkson Street Pavement
Rehabilitation between the City of Cherry Hills Village and the City of Englewood, Colorado,
attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council.
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Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 2nd day of May, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 5th day of
May, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
May, 2016 for thirty (30) days.
Read by title and passed on final reading on the 16th day of May, 2016.
Published by title in the City's official newspaper as Ordinance No..,&, Series of 2016, on
the 19th day of May, 2016 .
Published by title on the City's official website beginning on the 18th day of May, 2016 for
thirty (30) days.
I, Loucrishia A. Ellis, 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. d1., Series of 2016.
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INTERGOVERNMENTAL AGREEMENT
REGARDING SOUTH CLARKSON STREET PAVEMENT REHABILITATION
TfilS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of ___ ~ 2016, by and between the CITY OF CHERRY HILLS VILLAGE, a
home rule municipality of the State of Colorado, hereinafter referred to as "CHV'', and the CITY
OF ENGLEWOOD, a home rule municipality of the State of Colorado, hereinafter referred to
as "ENGLEWOOD" (together, the "Parties").
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and
Section 29-1-203, C.R.S., the Parties may cooperate or contract with each other to provide any
function, service or facility lawfully authorized to each, and any such contract may provide for
the sharing of costs, the imposition of taxes, and the incurring of debt; and
WHEREAS, each of the Parties is a home-rule municipality pursuant to Article XX,
Section 6 of the Colorado Constitution, and are authorized by C.R.S. 29-1-203 to enter into a
contract or agreement for the sharing of the costs related to the specific public roadway project
identified in this Agreement; and
WHEREAS, Article 20, Title 29, C.R.S., clearly articulates and affirmatively expresses a
state policy that authorizes political subdivisions of the State of Colorado to cooperate and
contract to make the most efficient and effective use of their respective resources; and
WHEREAS, CHV is undertaking to perform pavement rehabilitation of portions of
South Clarkson Street from approximately E. Jefferson Avenue south to E. Belleview as part of
the annual pavement maintenance program of CHV (the "Road Project''); and
WHEREAS, specifically, the Road Project will be treated with a cape seal process, an
integrated two-step process consisting of a chip seal followed by a slurry seal; and
WHEREAS, the Road Project lies within the jurisdiction of both CHY and
ENGLEWOOD; and
WHEREAS, CHY desires to have FOOTHILLS PAVING & MAINTENANCE, INC.
(hereinafter referred to as ''PAVEMENT CONTRACTOR'') perform the pavement rehabilitation
work on the Road Project, through a construction contract with CHV (as a component of CHV
Project No. 2016-002); and
WHEREAS, CHV and ENGLEWOOD have determined to utilize the services of
PAVEMENT CONTRACTOR through the construction contract with CHY to accomplish the
pavement rehabilitation on the Road Project, with ENGLEWOOD reimbursing CHY for fifty
percent (50%) of all materials and labor, at the applicable construction contract unit prices, as
more specifically set forth in Attachment A to this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements, and the
premises herein contained, the Parties hereto agree as follows:
1. TERM: This Agreement shall commence on the date of mutual execution hereof, and shall
continue through December 31, 2016. The Parties acknowledge that due to seasonal sensitivities
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associated with the chip seal process, work on the Road Project is expected to occur between
May 23, 2016 and September 9, 2016.
2. RESPONSIBILITIES OF CHV: CHV shall act as CHV Project Manager. CHV shall be
responsible for the following obligations in connection with the construction occurring on the
Road Project:
(a) CHV shall contract for and manage the completion of the cape seal process on the
Road Project. The contract with PAVEMENT CONTRACTOR, and approvals thereof, shall
conform with Colorado law and CHV Municipal Code requirements for public contracts;
(b) CHV shall designate a person ("CHV Project Manager'') responsible for the day-
to-day management of the work occurring on the Road Project. ,
(c) The CHY Project Manager shall coordinate with ENGLEWOOD regarding the
construction schedule associated with the Road Project and will provide updates to
ENGLEWOOD concerning updates to such construction schedule. The ENGLEWOOD
Designated Representative (defined below) will be invited to all preconstruction meetings and
coordination meetings with the PAVEMENT CONTRACTOR.
( d) Subject to annual appropriation, CHY shall complete the South Clarkson Street
project by the target substantial completion date of September 9, 2016. If the substantial
completion date for the work on the Road Project is expected to be extended beyond December
31, 2016, the CHV Project Manager will communicate the same to the ENGLEWOOD
Designated Representative and the Parties agree to cooperate in good faith to amend this
Agreement to extend the tenn of this Agreement
3. RESPONSIBILITIES OF ENGLEWOOD: ENGLEWOOD shall be responsible for the
following obligations in connection with the Road Project
(a) ENGLEWOOD shall designate an individual responsible for representing
ENGLEWOOD (the "ENGLEWOOD Designated Representative") who shall coordinate with
the CHY Project Manager in order to ensure that notification to ENGLEWOOD residents
regarding the project schedule and other project details is consistent with the schedule and
project details communicated to CHY residents.
(b) The ENGLEWOOD Designated Representative shall communicate and
coordinate with the PA VE:MENT CONTRACTOR and the CHV Project Manager regarding the
proper form and placement of "no parking" signage and any door hanger notification to be
provided to properties abutting the Road Project within the ENGLEWOOD boundaries.
(c) The ENGLEWOOD Designated Representative will work with the CHV Project
Manager and the PAVEMENT CONTRACTOR to design and approve all traffic control
required for the Road Project for those portions of the Road Project located within the
ENGLEWOOD boundaries.
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(d) ENGLEWOOD may have an inspector present during the work performed on the
Road Project by the PA VEMENf CONTRACTOR, and the Englewood Designated •
Representative shall communicate directly through the CHV Project Manager to address
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concerns and workmanship issues as they arise during completion of the Road Project, and to
address any punch list corrections as contemplated by Paragraph 17 of this Agreement below.
4. STATEMENTS AND PAYMENT: Upon receipt and approval of partial pay requests from
PAVEMENT CONTRACTOR, CHV shall make periodic payments to PA VE'MENT
CONTRACTOR. Upon payment to PAVEMENT CONTRACTO~ CHV will forward invoices
to ENGLEWOOD for fifty percent (50%) of the work performed on the Road Project during
the applicable pay period(s) and ENGLEWOOD shall reimburse CHV said full amount of all
such invoices within thirty (30) days of receipt of billing from CHV. Billing will be based the
applicable contract unit price for contract bid items associated with work on the Road Project,
and as more specifically set forth in Attachment A. All payments by ENGLEWOOD to CHV
contemplated in this Agreement have been appropriated or otherwise lawfully authorized by
ENGLEWOOD in ENGLEWOOD's 2016 budget.
5. WHEN RIGHTS AND REMEDIES NOT WAIVED: In ng event shall any performance by
one party hereunder constitute or be construed to be a waiver by such party of any breach of
covenant or condition or any default which may then exist on the part of the other party, and the
rendering of any such performance when any such breach or default shall exist shall in no way
impair or prejudice any right or remedy available to the non-breaching party with respect to such
breach or default, and no assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of
any succeeding or other breach.
6. LIABILITY: Each party shall be responsible for its own negligence hereunder to the extent
provided by law. Neither party shall be deemed to be an agent for the other party.
7. SUBJECT TO LOCAL LAWS; VENUE: Each and every term, provision or condition
herein is subject to and shall be construed in accordance with the provisions of Colorado law.
Venue for any action arising hereunder shall be in Arapahoe County, Colorado.
8. ASSIGNMENT AND SUBCONTRACTING: Neither party is obligated or liable under this
Agreement to any party other than those specified herein. ENGLEWOOD and CHV understand
and agree that they shall not assign or subcontract with respect to any of the rights, benefits,
obligations or duties under this Agreement except upon prior written consent and approval of
the other party, which consent or approval may be withheld in the absolute discretion of that
other party, and in the event any such assignment or subcontracting shall occur, such action shall
not be construed to create any contractual relationship between either of the parties and such
assignee or subcontractor, and ENGLEWOOD and CHV shall remain responsible to each other
according to the terms of this Agreement.
9. NO THIRD PARTY BENEFICIARIES: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to ENGLEWOOD and CHV, and nothing contained
in this Agreement shall give or allow any such claim or right of action by any other or third
person on such Agreement It is the express intention of ENGLEWOOD and CHV that any
person other than ENGLEWOOD or CHV receiving services or benefits under this Agreement
shall be deemed to be an incidental beneficiary only.
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10. STATUS OF PARTIES: It is understood and agreed by and between the Parties that the •
status of each of the Parties hereto shall be that of an independent contractor and it is not
intended, nor shall it be construed, that either party or any employee, contractor, or consultant of
such party is an employee, officer, or agent of the other party for purposes of unemployment
compensation, workers' compensation, or for any purpose whatsoever. Nothing herein shall be
interpreted or construed as creating a joint venture or partnership between the Parties. Neither of
the Parties shall have the right under this Agreement to create any obligation or incur any debt on
behalf of CHY or ENGLEWOOD.
11. EXAMINATION OF RECORDS: ENGLEWOOD's Finance Director or his or her
. designee shall, until three (3) years after final payment under this Agreement is made, have
access to and the right to examine any of CHV' s pertinent books, papers, documents, or other
records involving transactions related to the performance of this Agreement, including but not
limited to records pertaining to the Road Project on the construction contract with the
PA VE:MENT CONfRACTOR. Toe period of access and examination for records relating to: (1)
litigation or settlement of claims arising from the performance of this Agreement, or (2) costs
and expenses of this Agreement to which the ENGLEWOOD Finance Director or bis or designee
has secured access to, shall continue until such appeals, litigation, claims, or exceptions are fully
and finally resolved.
12. PARAGRAPH HEADINGS: The captions and headings set forth herein are for
convenience of reference only, and shall not be construed so as to define or limit the terms and
provisions hereof.
13. SEVERABil..lTY: It is understood and agreed by the parties hereto that if any part, term, or
provisions of this Agreement is by the courts held to be illegal or in conflict with any law of the
State of Colorado, the validity of the remajnjng portions or provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enfoi:ced as if the Agreement did
not contain the particular part, term, or provision held to be invalid.
14. AGREEMENT AS COMPLETE INTEGRATION -AMENDMENTS: This Agreement
is intended as the complete integration of all understandings between the parties, their successors
and assigns. No prior or contemporaneous addition, deletion or other amendment hereto shall
have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in written amendatory or other Agreement executed by the parties and signed by the
signatories of the original Agreement. This Agreement and any amendments shall be binding
upon the parties, their successors and assigns.
15. LEGAL AUTHORITY:
(a) Each party assures and guarantees that it possesses the legal authority, pursuant to any
proper, appropriate and official motion, resolution or action passed or taken, to enter into this
Agreement.
(b) The person or persons signing and executing this Agreement on behalf of each party,
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do hereby warrant and guarantee that he/she or they have been fully authorized by CHV or -
ENGLEWOOD to execute this Agreement on behalf of CHV or ENGLEWOOD and to validly
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and legally bind CHV or ENGLEWOOD to all the terms, performances and provisions herein set
forth.
16. COUNTERPARTS OF THIS AGREEMENT: 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
17. PROJECT MANAGEMENT: It is mutually agreed between the parties that CHV shall be
responsible for management of the project through direction to PAVEMENT CONTRACTOR,
approval of traffic control plans, testing, and inspection. It is further agreed that the
ENGLEWOOD Designated Representative will work through the CHV Project Manager to
provide direction or comments to PAVEMENT CONTRACTOR.
18. TRAFFIC: It is mutually agreed that ENGLEWOOD will issue the appropriate permit to
PAVEMENT CONTRACTOR for execution of work within ENGLEWOOD's jurisdiction at no
cost and will allow PAVEMENT CONTRACTOR to utilize ENGLEWOOD' s arterial roadways
for transport of material to project site.
19. COST OVER RUNS FROM ESTIMATE IN AGREEMENT: If actual costs exceed the
Estimated Cost plus 5% Contingency as stated in Attachment A due to actual field constructed
quantities, the Parties agree to amend this Agreement to reflect the actual cost of
ENGLEWOOD's portion of the project and reimburse said amount to CHY. Furthermore,
ENGLEWOOD and CHV understand that if the actual project cost exceeds the Estimated Cost
plus 5% Contingency per Attachment A, CHV will notify ENGLEWOOD and receive
authorization before any additional costs are incurred on the Road Project ENGLEWOOD and
CHV are aware, understand, and acknowledge that the construction costs provided in this
Agreement are an estimate based on the best available information and that actual construction
costs may vary.
20. GOVERNMENTAL IMMUNITY. Notwithstanding any other provision herein to the
contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver of
the monetary limitations on liability or of any of the immunities, rights, benefits, or protections
provided to either Party under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 1 et
seq., as amended (the "COIA"). The Parties understand and agree that liability for injuries or
damages to persons or property arising out of the alleged negligence or willful and wanton acts
of either Party, and their respective officials, officers, and employees, is controlled or limited by
the COIA, and nothing herein shall be construed or interpreted as modifying any liability
protection thereunder.
[REMAINDER OF THIS PAGE LEFr INTENTIONALLY BLANK
SIGNATURE PAGES FOLLOW]
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IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement
Regarding South Clarkson Street Pavement Rehabilitation as of the day and year first above
written.
Attest:
City Clerk or Deputy City Clerk
Attest:
City Clerk or Deputy City Clerk
CITY OF CHERRY HILLS VILLAGE,
COLORADO
By: ____________ _
Laura Christman, Mayor
Reviewed by:
Linda C. Michow, City Attorney
CITY OF ENGLEWOOD, COLORADO -
By: ____________ _
Joe Jefferson, Mayor
Reviewed by:
Dugan S. Comer, Acting City Attorney
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ATTACHMENT A
Road Project Costs (South Clarkson Street)
2016 Street Rehabilitation Program -CHV Project No. 2016-002
Item# Unit
2a. South Clarkson Street cape seal Sq. Yd.
Englewood share of Road Project costs (NTE):
CHV share of Road Project costs (NTE):
Price
$6 .00
Estimated Total Cost
Five percent (5%)
Contingency
Estimated Total Cost
Plus Contingency
$104,157.90
$104,157.90
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South Clarkson Street
(from E. Jefferson
Ave. south to E.
Belleview Ave.)
33,066 Sq. Yd.
$198,396.00
$9,919.80
$208,315 .80
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement with
May 16, 2016 9bii Cherry Hills Village for Clarkson
Cape Seal from Highway 285 to
Belleview Avenue-2nd ReadinQ
Initiated By: Staff Source:
Department of Public Works Larry Nimmo, Right-of-Way Services Manager and
Eric A. Keck, City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Improvements outlined in the Englewood Light rail Corridor Next Steps Study and the
Englewood Walk and Wheel Master Plan involved the creation of a Bicycle Boulevard on
Clarkson between Highway 285 and Belleview Avenue. The Cape Seal, a bicycle friendly
asphalt treatment of this section of Clarkson is the first step in the completion of the initiative .
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance, on second reading, to enter into an
agreement with Cherry Hill Village. The agreement covers the financial commitment of
$104,157.90 for the City of Englewood's share (half of the roadway) of the installation Cape
Seal, an asphalt treatment to resurface Clarkson from Highway 285 to Belleview Avenue.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
On May 4, 2015, City of Englewood and City of Cherry Hills Village staff, including Englewood
City Manager Eric Keck, Englewood Public Works Director Rick Kahm, Englewood Long Range
Planner John Voboril, Cherry Hills Village Director John Patterson (retired), and Cherry Hills
Village Public Works Director Jay Goldie (Interim City Manager) met to discuss plans for
Clarkson Street, which serves as the border between both cities . The base project involves
resurfacing Clarkson Street with a Cape Seal, a modified double chip seal, creating a bicycle
friendly surface; with striping to follow. In a cooperative effort to achieve the desired outcomes,
Cherry Hills Village staff agreed to create this Bicycle Boulevard along Clarkson.
The dollar amount for this work was a part of Cherry Hills Village's 2016 Street Rehabilitation
Project (CHV Project No. 2016-002). Though the actual city limit line between the Cities of
Englewood and Cherry Hills Village does not split the roadway, with more asphalt on the
Englewood side, Cherry Hills Village is splitting the cost equally.
Per the attached IGA, Cherry Hills Village will manage the entire project and will coordinate with
Englewood staff on communication with Englewood constituents in matters of notifications,
parking control, and any areas of workmanship or materials that arise during the project. As a
successful surface treatment, Englewood completed Cape Seal projects in 2007 and 2008.
Englewood staff will also be evaluating this contractor, product, and installation methodology for
the possibility of piggy-backing of the existing Cherry Hills Village contract for some additional
work. If it is determined the product might benefit other streets, either for routine maintenance
or additional Bicycle Boulevard streets, Public Works may return to Council with additional
requests.
FINANCIAL IMPACT
Estimated Construction Cost for the 2016 Cape Seal Project:
Cost Estimate 16,533 sq/yds at$ 6.00
Contingency 5%
Total Estimated Project Cost
Funding is available in the Road and Bridge account.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement
$ 99,198.00
$ 4,959.90
$104,157.90
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Intergovernmental Agreement with
May 2, 2016 9aii Cherry Hills Village for Clarkson
Cape Seal from Highway 285 to
Belleview Avenue
Initiated By: Staff Source:
Department of Public Works Larry Nimmo, Right-of-Way Services Manager and
Eric A. Keck, City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Improvements outlined in the Englewood Light rail Corridor Next Steps Study and the
Englewood Walk and Wheel Master Plan involved the creation of a Bicycle Boulevard on
Clarkson between Highway 285 and Belleview Avenue. The Cape Seal, a bicycle friendly
asphalt treatment of this section of Clarkson is the first step in the completion of the initiative.
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance to enter into an agreement with
Cherry Hill Village. The agreement covers the financial commitment of $104,157.90 for the
City of Englewood's share (half of the roadway) of the installation Cape Seal, an asphalt
treatment to resurface Clarkson from Highway 285 to Belleview Avenue.
-BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
On May 4, 2015, City of Englewood and City of Cherry Hills Village staff, including Englewood
City Manager Eric Keck, Englewood Public Works Director Rick Kahm, Englewood Long Range
Planner John Voboril, Cherry Hills Village Director John Patterson (retired), and Cherry Hills
Village Public Works Director Jay Goldie (Interim City Manager) met to discuss plans for
Clarkson Street, which serves as the border between both cities. The base project involves
resurfacing Clarkson Street with a Cape Seal, a modified double chip seal, creating a bicycle
friendly surface; with striping to follow. In a cooperative effort to achieve the desired outcomes,
Cherry Hills Village staff agreed to create this Bicycle Boulevard along Clarkson .
The dollar amount for this work was a part of Cherry Hills Village's 2016 Street Rehabilitation
Project (CHV Project No. 2016-002). Though the actual city limit line between the Cities of
Englewood and Cherry Hills Village does not split the roadway, with more asphalt on the
Englewood side, Cherry Hills Village is splitting the cost equally.
Per the attached IGA, Cherry Hills Village will manage the entire project and will coordinate with
Englewood staff on communication with Englewood constituents in matters of notifications,
parking control, and any areas of workmanship or materials that arise during the project. As a
successful surface treatment, Englewood completed Cape Seal projects in 2007 and 2008.
Englewood staff will also be evaluating this contractor, product, and installation methodology for
the possibility of piggy-backing of the existing Cherry Hills Village contract for some additional
work. If it is determined the product might benefit other streets, either for routine maintenance
or additional Bicycle Boulevard streets, Public Works may return to Council with additional
-requests.
FINANCIAL IMPACT
Estimated Construction Cost for the 2016 Cape Seal Project:
Cost Estimate 16,533 sq/yds at$ 6.00
Contingency 5%
Total Estimated Project Cost
Funding is available in the Road and Bridge account.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement
$ 99,198.00
$ 4,959.90
$104,157.90
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