HomeMy WebLinkAbout2019 Ordinance No. 001BY AUTHORITY
ORDINANCE NO. 1
SERIES OF 2018/2019
COUNCIL BILL NO. 49
INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AUTHORIZING AN AMENDMENT #1 TO THE
INTERGOVERNMENTAL AGREEMENT FOR THE
ACCEPTANCE OF COLORADO DEPARTMENT OF
TRANSPORTATION SAFE ROUTES TO SCHOOL .· GRANT
AWARDED TO THE CITY OF ENGLEWOOD FOR THE
BROADWAY/MANSFIELD ENHANCED SAFETY CROSSING
PROJECT
. WHEEEAS, the Safe Routes to School is a nationwide federal program that is
administered by state transportation departments;
WHEREAS, the Englewood City Council authorized the application for the
Broadway/Mansfield enhanced safety crossing project for the CDOT 2016 Safe Routes to
School 2016 Grant by Motion on January 4, 2016;
WHEREAS, the Englewood City Council approved an intergovernmental agreement
with CDOT to accept $139,000 in grant funding through Ordinance No. 39, Series 2016,
on November 7, 2016; ·
WHEREAS, the Broadway/Mansfield Enhanced Safety Crossing project was
completed in October 2018; and
WHEREAS, approval of this Amendment # 1 will authorize the Colorado Department
of Transportation (CDOT) to release the grant monies for the Broadway/Mansfield
Enhanced Safety Crossing Project to reimburse the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
Amendment # 1 and acceptance of the Colorado Department of Transportation Safe
Routes to School Grant monies in the amount of $139,000.00 dollars.
Section 2. The Mayor is hereby authorized to sign and accept the Colorado
Department of Transportation Safe Routes to School Grant monies awarded to the City of
Englewood for and on behalf of the City of Englewood, Colorado, attached hereto as
Exhibit A. .
1
Introduced, read in full, and passed on first reading on the 17 th day of December, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th
day of December, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th
day of December, 2018 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of January, 2019.
Published by Title in the City's official newspaper as Ordinance No. 1, Series of
2018/2019, on the 10th day of January, 2019.
Published by title on the City's official website beginning on the 9th day of
January, 2019 for thirty (30) days. · ·
This Ordinance shall take effect thirty (30) days after publication following final
passage. ~ . Linda Olson, Mayor
ATTEST:
I, 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. 1, Series of2018/2019.
2
O#: 471000986
Routing#: l 7-HAI-ZH-00057-M0002
STATE OF COLORADO AMENDMENT
Amendment#: 1 Project#: SAR M395-016 (21531)
SIGNATURE AND COVER PAGE
State Agency Amendment Routing Number
Department of Transportation l 7-HA1-ZH-00057-M0002
Local Agency Original Agreement Routing Number
CITY OF ENGLEWOOD 17HA1ZH00057
Agreement Maximum Amount Agreement Performance Beginning Date
Initial term The later of the effective date or December 02,
Total for all state fiscal years $139,000.00 2016
Initial Agreement expiration date
December 01, 2026
THE PARTIES HERETO HA VE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
ST ATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Michael P. Lewis, Executive Director
Joshua Laipply, P.E., Chief Engineer
Date: __________ _
LOCAL AGENCY
CITY OF ENGLEWOOD
LOCAL AGENCY
(2 nd Signature if Necessary)
Signature
By: (Print Name and Title)
Date: _________ _
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
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STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:. ______________ _
Department of Transportation
Effective Date:. ________ _
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PO#: 471000986
Routing#: 17-HA 1-ZH-00057-M0002
1) PARTIES
This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the "Agreement") is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The parties entered into this agreement for CDOT overseeing the City of Englewood, Colorado in the design
and construction of Safe Routes to Schools improvements at the Broadway & Mansfield Intersection.
5) MODIFICATIONS
The Parties now agree to amend the original contract through Amendment 1, to replace Recital 1. in its
entirety with the following,
"Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and
a sufficient uncommitted balance thereofremains available for payment of project and Local Agency costs
in Fund Number 400, Functions: 3020 and 3301, GL Acct: 4511000010, WBS Elements: 21531.10.30 and
21531.20.10, Contract Encumbrance Amount: $139,000.00."
The Parties further agree to replace Section 3. Term in its entirety with the following,
"This contract shall be effective upon approval of the State Controller or designee, or on the date made,
whichever is later. The term of this contract shall continue through the completion and final acceptance of
the Project by the State, FHWA and the Local Agency, or December 1, 2026, whichever occurs first."
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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