HomeMy WebLinkAbout1990 Ordinance No. 031ORDINANCE NO. ,3 I
SERIES OF 199~
BY AUTHORlTY
10 (d)
COONCIL BILL NO, 34
lNl'ROOOCID BY caJNCn.
MEMBER HATHAWAY
AN CIUlINANCE APPROVING A SUPPLEMEN!'AL COOTRACT Bt'IWEEN '11lE CITY CF
ENiLfRXlO AND '11lE STATE DEPAR'IMENl' OF HIGHWAYS, DMSICN OF HIGHWAYS, FOR
WIDENING OF '11lE S0!1Ill BROADl\'l\Y BRIDGE OVER BIG DRY OEEK BE:lWF'ffi CENI'ENNIAL
AVENUE AND RAFFERTY GARDENS ,
WHEREAS, a traffic hazard exists oo the bridge en South Broadway over
Big Dry Creek between Centennial Avenue and Rafferty Gardens because of a
narra.i."lg of traffic lanes and no pedestrian sidewalk; and
WHEREAS, it is necessary to widen the bridge; and
WHEREA3, it is recessary to arrend the Agreement approved by Council
Bi ll 24, Series of 1988; and
WHr.REAS, the City has already contributed $6,000 ta,,,ards the project,
ha,,,ever additional funds are necessary; and
NC/11, THEREFORE, BE IT ORDAINED BY '11lE CITY COONCn. CF 'll!E CITY CF
ENGLFlmD, COLORADO, THAT :
Section l. The City of En g l"""""1 agrees to enter into the
Supplemental Contract with The State Departrrent of Highways, Division of
Highways, for widening the bridge on the West side of Broaa.iay over Big Dry
Creek between Cente.inial Avenue and Rafferty Gardens. The Contract
generally provides:
l. The City shall contribute an am:,unt of $19,000 te>,1ards cost of
construction of the bridge widening.
2 . The tenns of the contract shall continue through the catpletion
and final acceptance of the work by the State and payrrent by the
City and shall inure to the benefit of and be binding upon the
partie~, th!!ir successors and assigns.
3. The Special Provisions by the State concerning Controller's
Approval, Fund Availability , Bond Requirement, Incle!mification,
Discrimination and Affirmative Action, Colorado Labor Preference,
and in gen eral are incorporated into said Contract.
Sec.tion 2. The ~!ayor and City Clerk are hereby authorized to sign
and att~SUpplemental Contract for and on behalf of the City of
Englewood and City Council.
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Introduced, re•d i ~ full, and pa s sed on first re•ding a, the 18th ot June, 1990.
Publish<,d as a Bill for an Ordinance ,:in tre 21st day of June, 1990.
Re•d bt titl e and passed on final reading a, the 2nd day of July, 1990.
Published by title as ordinance No. iii , Series of 1990, on the 5th da\· of July , 1990 . -
I, Patricia H. Cro.,, City Clerk of the City of Ehgle,,'O()(j, Colorado,
hereby certify that the above and forego ng is a true copy of the ordinance
passed on final reading and pablished by t itle as ordinance No. ,el_, Series
of 1990. Q-1--. c// /l -
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cc 10-0075-26
BROADWAY AT BIG DRY CREEK
SUPPLEMENTAL CONTRACT
THIS 1ST SUPPLEMENTAL CONTRACT, made th '.s ___ day
of _______ , 19 __ , by and between the State of Colorado
for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS,
DIVISION OF HIGHWAYS, hereinafter referred to as the State, and
THE CITY OF ENGLEWOOD, STATE OF COLORl\DO, hereinafter referred
to as the contractor or city,
WHEREAS, authority exists in the Law and Funds have been
budget ed, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for
payment in Fund Number 2001, G/L Account Number 52046, Contract
Encumbrance Nurnber 87701; and
WHEREAS, required approval, clearance and coordination has
been accomplished from and with appropriate agencies ; and
WHEREAS, the State and the City have heretofore entered into
a contract dated November 4, 1988 hereinafter referred to as the
basic contract and made a part hereof by reference, which by its
terms is still in effect as of the above date and which provided
for preliminary engineering of improvements of Broadway,
consisting of widening structure (No . :;-17-T) on Broadway 111: ~•ig
Dry Creek within the city of Englewood in Arapahoe County,
Colorado; and
WHEREAS, the basic contract further provided that the City
would contribute f.•inding to the State for the work ( ,scribe<'
therein and that the City cost would be increased only by a
written supplement to the basic contract;
WIIEREJ\S, the parties wish to supplement the basic contract
to expand the scc,pe of the work to be performed by the State
under that contract, and to increase the amount of compensation
to be reimbursed o the State by the City solely from City
funds; and
WIIEREJ\S, the additional work desired is to provide for
conslruction to widen the structure at Broadway and Big Dry
Creek to accommodate a cceleration/deceleration lanes and to
provide erosion protection of the Big Dry Creek channel banks,
upstream and downstream of the bridge widening; and
WIIEREJ\S, additional city funds have become available to
provide for the additio nal work; and
WIIEI\EJ\.S, thi!J supplemental contract is executed by the State
and the City under the auth o rity of Sections 43-2-144 and
29-1-203, C .R .S. as amended, and by the City under the authority
of an appropriate ordinance or re,olution, which is attached
hereto and made a part hereof .
NOW, THEREFORE, it is hereby agreed that:
A. The basic contract, unless specifically revised or amended
herein, shall be and remain in full force and effect with
respect to the contractual relationship between the parties
hereto .
B . Paragraph 3 of the basic contract shall be amended by
deletinci the figure "$6,000" and sub,tituting therefor the
figure "$25,000".
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C. Paragraph 2 of the 1,asic contract shall be amended by the
addition of the following:
"The State shall obtain any neceosary easements so that the
channel can be maintained upon completion of construction."
0. Paragraph 4 of the basic contract shall b~ amended by
deleting the entire paragraph and replacing it as follows:
"4 . The City shall reimburse the State in an amount
not to exceed $ 25,000 for a portion of the
costs incurred by the State in the performance
and completion of the work. The total above shall
be designated f o r payment as follows:
Preliminary Engineering
Construction
TOTAL
$ 6,000
19,000
$25,000
It is recognized that the cost amounts in thia
p,ragraph 4 are estimated amounts. The City has
contributed $6,000 for the prel ·~inary
engineering work.
The City shall contribute a lump sum of $19,000
for its portion of c o nstruction services to the
project . Reimbursement to the State by the County
shall be a lump sum of $19,000, payable within 60
days after completion and final acceptance of the
work. Payment will be continge~t upon final
inspec1:ion and acceptance by the City. Such
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acceptance shall not be unreasonabl y withheld.
The State shall ·provide to the City two(2) sets
of mylar reproducible "as constructed" drawings
within 180 days of final payment."
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Ill WITIIE SS WHERE ~F , the parties hereto have executed thi•
contract t he day year fir~t ab o v e written .
ATTE ST :
CLIFFORD W, HALL
State Contro ller
By------------
ATTEST :
By------------
Title __________ _
STATE OF COLORADO
ROY ROMER, GOVERNOR
By =E_x_e_c_u~t~iv_e_D~i~'r_e_c~t~o-r _____ _
DEPART MENT OF HIGHWAYS
kPPROVED :
DUANE WOODAPD
Attorney General
By
BARRY B. RYAN
Assistant Att orney General
Natural Resources Section
CITY OF ENGLEWOOD, COLORADO
By
Title _____________ _
DATE
Juno 18, 1990
INITIATED BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
COUNCIL COKIIUNICATION
AGENDA ITEi!
12 (b)
Public 1/orks
SUBJECT Bill for Ord . for Suppl.
Controc t with Colo. Dept.
of Hwy. Broadway 6o Big Dry Creek
Kells 1/aggoner, Director of Public 1/orka
Adopt a bill for an ordinance approving supplemental contract with Colorado
Department of Highways for construction of the Broadway and Big Dry Creek Bridge
llidening .
PREVIOUS COUNCIL ACTION
Original contract with the Colorado Department of Highways was approved by Ordinance
No. 23, Series of 1988, passed and adopted by City Council on August l, 1988.
STAFF ANALYSIS
The purpose of thi1 Supplemental Contract is to provide funds for widening the west
side of the Broadway bridge over Big Dry Creek by 13 feet 4 inches to allow room for
a third southbound driving lane and a 6 foot 9 inch wide sidewalk for pedestrian
traffic .
Conatruction of this o ject will take 75 days and is anticipated to start in the
Fall, 1990 .
CDOH will provide the eugineering inspection and testing on the conatruction of this
project .
BACKGROUND
Duign by CDOH otaff bridge engineera commenced in Decembar , 1988. Originally , t h•
City end Urba,, Drainage and Flood Control Distdct partici_pated in review of tho
propo11d improvements. Aa design was completed, it waa de\·ermined by COOH '■
hydraulics engineer, baaed upon the "Report on South Broadway &ridge Hydraulic
Study" by Blatchley Anoe . (Jun•, 1982), that additiona l channel ia,prov1111nta up and
dovnatrou of the bridge were not coat effective at this time . llithout these
channel ia,provementa, UD&FCD declined to participate further in the contract .
Construction includes complete concrota slope paving under the bridge to ia,prove the
hydraulic capacity of the bridge. It will handle a 20 to 25 year storm with flow
valociti•• in the 17 to 18 feet per 11cond rang•. Further extenaive improv1m1nt1 1
including relocation of a 30 inch diameter Denver llatar Board waterline hanging
underneath tho bridge, would be required to provide the c apacity for a 100 year
storm flow of 12,600 cubic feet per ucond .
Final con eatimate for this project 1a $415,000 . Th• City'• 1haro of tho coat 1a
$25,000 . By th• original Ordinance, the City ha ■ already paid $6 ,000 . Thia
s upplemental contract providea that the City will now pay t he remaining $19,000 for
construction of the project . The balance of the moniu will be paid by CDOH.
The $19,000 h u been previously allocated to this project in the Road and Bridge
monies in the PIF .
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