HomeMy WebLinkAbout2008 Ordinance No. 027•
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OR DI NANCE 0 . ,!}J 7
SERIES OF 2008 --
BY A TH OR ITY
CONTR ACT NO, 'j'-JI.C\:l 7 11 b ii
1'-~tl-~"i
COUNC IL BILL NO . 28
INTRODU CED BY CO NC IL
MEMBER OA KL EY
AN ORD INANCE AUT HORIZING "CONTRACT AME DM ENT #I" TO AN
INTERGOVE RNM ENTAL AG REE MENT BETWEEN THE COLORADO
DEPARTM ENT OF TRAN SPORTATI ON (C DOT) AND TH E CITY OF ENGLEWOO D.
CO LORADO TH AT PERTAINS TO CON STRUCTIO N OF A BRIDGE OV SR THE
l'L A'ITE RIVER AT OX FORD AVENUE AT TH E ENGLE WOO D GO LF COU RS E.
WHEREA S. the existing brid ge ove r the Pl atte River was built by Englewood to
co nn ec t the fro nt :md bn ck nine holes of the Englewood Go lf Co urse; nnd
WHE REA S. thi s bridge has se rved as a cross-ove r connectio n fo r th e Mary Ca rt er
Greenway ca usi ng co nfli cts betwee n pedestrian s, bi cycles and go lf carts: and
WHEREAS. the proposed hridge will be built so uth of th e exis ting bridge an will
separat e go lf course patron s from the Plane Ri ver Trail Sys1em ; and
WHEREAS . the Ci ty of Englewood app roved Reso luti on No. 77, Series of 2005,
authori zing the Cit y 10 apply fo r Federal funds unde r the lnterm odal Surface
Transporta ti on Efficiency Act (SAFTEA-LU): and
WHEREA S. En glewood ap pl ico ,~r the "Enha nce ment " project in 2003 and again in
2005 wi th Co uncil's co ncurrenc e: DRl OG acce pt ed th e proj ec t an d includ ed it in the TIP
(Transporta ti on lmprovement Program); and
WHEREAS. the Englewood Ci ty C ,uncil authori zed an IGA wi th COOT fo r $73 ,000
which related to th e des i!,'11 of a bridge over the Pl att e River at Oxfo rd Avenue at the
Engl ewood Go lf Co urse with the pa ssage of Ordinance No . 36. Series of 2006: and
WHEREAS. the pass age o f th is Ordinance will aut hori ze Co ntracl Amen dment #1 and
th e accep tance of an add iti onal $476 .000 for 1hc co nstru cti on ph ase of a bridge over the
Pl atte River at Oxfo rd Aven ue at the Englewood Golf Cou rse;
NOW . THEREFORE. BE IT ORDAI NE D BY TH E CITY COUNC IL OF TH E CITY
OF ENGLEWOOD . CO LORADO, AS FOLLOWS :
Secti <!!.!.L Th e Ci ty Co un ci l of the City of Eng le wood. Co lorad o, hereby au th orize s
"Co ntra ct /'.mcndmcnt #I " to th e existing Transportation Enh ancem en t Co nt rac t IGA with
the Co lorado Depart men t of Transportation", fo r add it ional li nanc ial co mmitment s rel ated
to th e co ns1rn c1i on of Pl a11e Ri ve r Brid ge at Ox.ford Ave nu e at the Englewood Go lf Co urse,
atta ched us Ex hib it I.
Sec ti on 2. Th e Ma yo r and the Ci ty Clerk arc here by auth orized to sig n and ,,:te st said
"Co ntrac t Amend ment #I", on behalf of the C'i ty of Englewood .
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1.ntroduced, read in full .. ,nd p;1s scd on firs! rending 0 11 the t lJ dn y of June , 200 ·
Publi shed as a Bill for an Ordinance on 1he 6" dny of fo•1c . 200~.
Read by ti1l e and pa ssed on fina l reading on 1he I 61 h lla y of Jun e, 200
Publi shed by 1itle as Ordinance No 2!Z Series of 200 on 1he 101h du y of June,
2008.
arne s K. \VoodwurJ , Ma)'o r
I, Loucri ,hia A. Ellis, City Clerk of th e City of Englewood. Co lorn lo, hereby ccn ify
that the above and fo regoi ng is a 1ruc;, WY of the Ordinance pa ss ed n final rcnd i~¥ and
'"'~• "'''"' .. aro,,.~ ,,.e,; '"'" •'~ ~
Lnucri shin A. Ell i<
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(FMLAWllK) OH IIA6 001 33
SAi ' ID 271000768
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l'ROJECT STE M39 5-013 , (159 12 )
Regio n 6, Qh /hh ) • CONTRACT AMENDMENT #I
THIS AMENDMENT , is mad e this __ day of _______ , 20_, by and between the State of
Co lorado for th e use and benefit oflhe Co lorado Department ofTransportatio n, herei naft er referred to as the "State",
and th e CITY OF ENGLEWOOD, 1000 Eng lewood Parkway, Eng lewood, Colorado, 80110, CDOT Vendor#:
200002 1, here inaft er referred lo as th e "Contractor" er the "Local Agency'',
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FACTUAL RECITALS
Authority exists in the law and funds have been budgeted , appropriated and otherwise made avai lable and a
sufficient unen cumb ered balauce thereofremai"ns available for U1is Projec t as set forth below; and ,
Required app roval , clearance , and coordinati or. has been accomplished from and with appropriate agenci es;
and ,
The Parties entered into th e contract dated January 9, 2007 , routing numb er 07 HA6 00034 , known hereafter
as 11 th e Basic Contract"; ru1d ,
Th e Basic Co ntract is an intergovemrnemal agreemenl between the State and the Contractor consisting of
con stru cti ng a bicycle and pedestrian bridge acror the Platte River north of Oxford Avenue and constructing
a bicyc le path that will connect the newl y con stru cted bridge to the Mary Carter Greenway, in Englewood,
Colorado; and ,
The Basic Contrac t is still in effect and provides ibr changes to its tem1s and conditions by written
suppl emeni or contract amendmert; and ,
The Parties also now desire to amend U1e Basic Contract to add th e construc tion phase hy revising Recital I
and Ex hibit C and updating th e Special Provis ions; and ,
Th e Parties enter int o this Amendment pursuant to th e provisions of Co lorado Revised Statu tes, Sections 24-
30-140 1 el seq., Section 43 -1-106, and Section 43 -1-110 , as amended.
NOW THEREFORE, it is hereby agreed that:
Considera ti on for this AJnendment co nsists of lh e pa yments tha t shall be made pursuant to this Amendment and the
promi ses and agreement s herein set forth .
I. • Th is AJnendment is supp lemental to the Basic Co ntract , which is , by thi s reference , incorporated herein and
made a part hereof, and all term s, cond ition s, and provisions thereof, unless specifically modified herein, are
to app ly to th is Am r.ndment as thou gh th ey were express ly rewritten , incorporated, and included herein .
The Bas ic Co ntrac t ;, and sha ll be mo difi ed, altered , and changed in th e fo ll owin g res pects onl y:
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a. Recita l Nu mbe!' I shall be am ended H' rend as fo ll ows;
Auth ority ex ists in th e law and funds hav e been budg c1ed, appropriated ri nd oth erwise made availab le and,.
suffi cient un co mmitted balan ce 1h ere of remain s ava ilnb le for payment of proj ec t and Loca l Age nc y co sts in Fund
'umber ~00 , Appropriati on Code 010, Organi za tion Number 9991, Program 2000. Fun cti ons 3020 and 3300, GL
Acc t 423 12000 ! !, WBS El ements 15912 .10 .3 0 and 159 12.20 .10 . (Con 1rnc1 Encumbran ce Amount : D-Phn se
Sl29.0 00.00 ; C-l'ha se $S29.000 .00; Total Encumbrance Amou n1 $724,000.00). This ame ndm cn1 increa ses 1hc
origina l contrac t encumbrnn cc nmou nl of $129 ,000 .00 by $829 ,000 .00 to a new encumbran ce amount of
$958,000 .00 .
b. Exhibi1 C to th e Basic Contrac t shall be removed and replac ed in its ent irety by Exh ibi t C-1, which
is attached here to and inco rp orated herein by this refere nce . All references in th e Bas ic Contrac l to
Exhibil C shall be removed and rep laced by Exhibit C-1 , as appropr iate.
c. The Special Provisio ns to th e Basic Contract shall be removed and repla ce d in its entir ely by th e
following :
SP~CIAL PROVISIONS
The Special Provisions apply to alt contracts except where noted In ftaflcs .
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). Th is co ntract shall not he deemed valld untll It has been approved by the Colorado
State Controller or deslgnee.
2. FUND AVAIL~BILITY. CRS 24-30-202(5,5). Finan cial obligations of the S e after the airrent fiscal year ere contingent upon
funds for that purpose being aopropri11ted, budgeted , and othefVllse made avall11b •
3. INDEMNIFICATlON. To the extent authorized by la w, the Contractor shall Indemnify, save , and hold ha1mless the Strite, Its employees
and agents, against any and all clal ms, damages, llablllty an d court awards lndudlng costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by Contractor, or It,; employees, agents, subcontracto~, or assignees pursuant to the terms of this
contract.
{Applicable Only to Intergovcmmental Contracts} No term or co ndition of this cuntract shall be construed or lntc'l)reted as a waiver,
express or Implied, or any of the Immunities, rights, benefits, protection, or other provisions, or the Colorado Governmental Immunity Act, CRS
24-l0-101 et seq., or the Federal Tort Claims Act, 28 U.S .C. 2671 et seq., as appllcable, 8S now or hcrei,ltcr amended .
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform Its duties hereunder as an Independent contractor and not as an
employee. Neither contractor nor any agent w employee or contractor shall be or shall be deemed to be an a11ent or employee of the state.
Contractor shall pay when due all required employment taxes and Inco me tax~s and local head taxes on eny mo:1les paid by the state pu~uant
to th is contract. Contractor acknowledges that contract LJ r and its employees are not entitl ed to unemployment Insurance benefits unless
contractor or a third party provides such coverage and that the state docs not pey fo r or otherwise provide such coverage. Contractor shall have
no authorization, express or Implied, to bind the i:;tatc to any agreement, llablllly or understanding, except as expressly set forth herein.
Contractor shall provide and keep in force worke~· compensati on (and provide prool of such Insurance wh en requested by the state) and
unemployment compensation Insurance in the amounts required by law and shall be solely resp onsib le for Its acts and those of lts employees
and agents.
5. NON-DISCRIMINATION . Contractor agrees to comply with the letter and the spirit of all applicable State and fed eral laws respecting
dlsairr.lnatlon and unfair employment practices.
6. CHOlCE OF LAW. The laws of the State of Colorado, ond l'\Jlcs and rcgulntions Issued pursuant thereto, shall be applied In the
lnterpretat,on, execution, and enforcement or this contract . Any provision or this contract, whether or not Incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which Is otherwise in con met with said laws , rules, and regulations shall be
considered null and void. Nothing c:,ntalned In any provision Incorpo rated herein by reference which purports to negate this or any other special
pro'lislon In whole or In part sh all bf" v.illd or enfol\.--cable or avallable In any action at law, whether by way of compl alnt, defense, or otherwise.
Any provision renderecl null and void by the 'lperatlon of this provisi on wlll not Invalidate the remainder of this contract, t·o the extent th11t this
contract Is capable of execution. At all times during the performance of lhls contract, Contractor shall strictly adhere to all applicable federal and
State laws , l'\Jlcs, and regulations that havE been , r may hereafter be established.
7. [Not Appl/cable tolntergc-11ernmentalContracts] VC:NDOR OFFS ET . CRS 24-30-202 (1) and 24-30-202.4. The State Con troller
m:I}' wlthhold payment of •;e rt31 n debts owed to State ag cndes under the ve ndor offset intercept system for : (a) unpa id ch ilr1 support debt or
child S'JOP0rt ariearages; (b) unpald ba la nces of tax, accrued Interest, or other charges speclned In Article 21, Titlc 39, CRS; (c) unpaid loan s •
due to t he Stuc.e nt Loan Division of the Department of Higher Education; (d) amounts requ ired to be paid to the Unemployment Compensation
Fund; an d (c) other unpaid debts owing to t he State or Its agen o es, as a result of flna l agency determination or reduced t o judgment, as
certlf1ed by the State Controller.
8 . SOFTWARE PIRACY PROHIBITION, Governor's Executive Or der D 002 00. No State or other publlc funds payable under thls
con tract shall be used for the acqu isition, operation, or main tenance of computer software In violation of federal copyright laws or appli cable
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ens lng restrictions. Contractor herebv certmes that, ror t:ie term of this contract and an y exl "nslons, Contractor has In place appropri ate
stems and controls to prevent such improper use of public fun ds. If the State determines that Con t ,·actor is ln v lolat1on of this pa ragraph, the
at e may txerclse any remedy ava il able at law or equ ity or under this contract, lnduding, witho ut limitation, Immed iate termination of this
co ntract and eny remet.ly consis tent wltn fede ra l copyright laws or appllcable licensing restrictions.
9. Et•,f-JYEE FINANC[AL INTEREST. CRS 24·18·201 a nd 24·50-507, The sig na tories aver that to the ir knowledg e, no employee of the
State has any personal or beneficial Interest whatsoever in the service or property described In this co ntract.
10. [Nat Appl/cable ta Intdrgavernmenta/ Contracts), ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES ANO
RESTRICTIONS ON PUBUC BENEFITS, CRS 8 ·17.5 •101 and 24-76.5-101. Contractor certifies that It sha ll comply wltli the
provisions of CRS 8-1 7.5-1 01 et seq . Contractor shall not knowingly employ or contract with an Il legal alien to perform worts under this
~ or enter Into a contract wi th a subco ntractor that falls to certify to contractor that the subcontractor shall not knowingly em pl oy or
contract with an Il legal alien to perform work under this co ntract. contractor represent;, warrants, and agrees t hat It (l) has verified that It
d oes not employ any Illegal aliens , throuQh participation In the Ba sic PIiot Employment Verification Program administered by the Socia l
Security Administration and Depa rtment of Hometand Security, and (II) otherwise shall comply with the requlreme1 1ts of CRS B·17.5-
102(2)(b). Co ntractor shall co mply with all rea sonable requests made In the co urse of an Investigation under CRS 8·17.5-102 by the
Colorado Department of Labor and Employment. Fallure to comply with any requirement of this provision or CRS 8-17 .5-101 et seq,, shall
be ca use for t ermination for breach and Contractor shall be llc1ti le for actual an d consequentlal damages.
Con t ra ctor, If a natural person eighteen (18) years of age o, airier, hereby swears or affirms under penalty of pe rjury that he or she (I)
is a citizen or otherwise lawfully prese nt In the Un ited States pursutnt to fede ral law, {II) shall comply wlth the provisions of CRS 24-
76.5-101 et seq ., and (Ill) shall produce one form of Identification required by CRS 24 -76.5·103 prior to the effecttve date or this
cont ract.
Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRA CTOR:
C i1 v or E nglewood
Legal Name or Concracting Entil y
2000021
CDOT Vendor Number
Sig natu re or Auth orized Offi cer
Print Name & Ti tl e of Authorized Officer
DATE : _____ _
CORPORATIONS :
(A corporate :i tt es1 otion is required.)
STA TE OF COLORADO:
lllLL RITTER, JR., GOVERNOR
By _________ _
For Excc uth•c Director
Depa r tment orTra n sporlation
Date _____ _
LEGAL REVlEW:
JOHN W . SUTHERS, ATTORNEY GENERAL
By ____________ _
Att est /Seal) By~----,----cc---,--,----,,,--=-,---=-.,.,.
(Co rpora te Sec retary or Eq uiva len t, or Town/Ci ty/C mty Clerk) (Pince Corponue Sen\ here , if avai lable.)
ALL CO NTRA CTS MUST BE APPRQVED BY THE ST A TE CONT RO LLE R
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CRS 24-30-202 requires that the Shih! Contro ller approve all state co ntracts. This co ntract is not nlld until the State
Controll er , or such assista nt as he may delegate, has sig ned It . The contr:t~tor Is not authorized to begin performance untll the
co ntrac t is sig ned and dlltcd below. If p erformance begins prior to the l .. re below, the State of Colorado may not be obligated
to p ay for the goods and/or scrvke.'i provided.
STATE CC,NTROLLER:
David J, McDermott, CPA
By _____________ _
Dat e ____________ _
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t"ixmBI T C-1 FUNDING PROVI SIO NS STE M395-0 13 1159 12Q
A . T he Local Agency h as es ti mated th e to tal cos t th e W ork to b e $958,000.00 w hi ch is to b e • funded as follow s· ..
1 BUDGETED FUNDS
a. Federal Fu nd s (E nhance ment@ 80 %) $57 9,200 .00
b. Local Agency Matching Funds (Enhancem ent@ 20%) $144,800 .00
c. Loca l Agenc y Ove rmatch $234,000 .00
Local Agency Ma tch ing ior CDOT -Incurred Non -
d. Participating Costs $0 .00
(In cl uding Non-Participating In di rects)
froTAL BUD GETED FUNDS $958 ,000 .00
2 ESTIMATED COOT-INCURRED COSTS
a. Federal Share $0 .00
(80% of Particip atin g Costs)
b . Local Sha re • Local Agency Share of Participating Costs $0.( 0
Non-Participating Costs (In clu ding Non-Participating
Indirects) $0 .00
Estimated to be Bill ed to Local Age ncy $0.00
TOTAL ESTIMATED COOT-INCURRED COSTS $0 ,00
3 ESTIMATED ..>AYMENT TO LOCAL AGENCY
a. Federal Funds Bud ge ted (1a) $579,200 .00
b. Less Estimated Fed eral Share of COOT-In curred Costs (2a) $0.00
TOTAL EST IMATED PAYMENT TO LOCAL AGENCY $579,200 .00
FOR CDOT ENCUMBRANCE PURl'OSES
Total Encumbrance Amount $958,000 .00
Less ROW /\cauisition 3111 and /or ROW Rel ocation 3109 $0 ,00
Net to be encumbered as fo llows: I $958 000.00
WBS El ement 15912.1G .JO! Deslan I 3020 I $129 ,000.00 • WBS Element 15912.20.101 Const I 3301 I $829 000 .00
Ex hibit C -I -Page I of 2
B. Th e matchin g ra ti o for th e fe deral parti cipatin g fund s for thi s proj ect is 80% fed eral -aid fund s
(C FDA #20 20~0) to 20% Lo cal Agency fund s, it bein g understood that such ratio applies
onl y to th e $724 ,00 0.00 ($57 9,200.00 Federa l Fund s and $144,800 .0 0 Loca l Agency
Matchin g Fund s) that is eligible for fed eral participation , it bein g further un ders tood that all
non-participating cost s are born e by th e Local Agency at I 00%. If th e total participating cost
of perfom1ance of the Work exce eds $72 4,00 0.00 , and additional federal funds are made
av~ilab le for the project , the Local Agency shall pay 20 % of all su c h cost s eligib le for fed~ral
parti cipation and I 00 % of all non-participating co sts ; if additional federal funds are not made
ava il able, th e local agency sha ll pay all such excess costs. If the total parti cipat in g cost of
performance of the Work is less than $724 ,000.00, then the amounts of Local Agency and
federal-aid funds will be decreased in acco rd ance with the funding ratio dt scribed herein .
The performance of the Work sha ll be at no cost lo th e State.
C. The maximum amount payable to the Local Agency und er this contract shall be$579,200.00
(For COOT accounting purposes , th e fed eral funds of$579 ,200.00 , local matching funds of
$144,800.00 and Local Agency Overmatch of$234,000 .00 will be encumbered for a total
encumbrance of $958,0 00 .00), unless such amount is increased by an appropriate written
modifi cation to thi s contract exec uted before any increased cost is in curred. It is understood
and agr eed by the parties hereto th at the total cost ofthe Work sta ted hereinbefore is the best
estimate avai labl e, based on the design data as approved at the time cf execution of this
contrac t, and that such cos t is subject to revisions (in accord with the pro cedure in th e
previou s sentence) agreeab le to th e parti es prior to bid and award.
D. The parties hereto agree that this contract is conti ngent upon all funds designated for the
proj ect herein bein g mad e available from federal and/or stale and/or Loca l Agency sources ,
as appli cable . Should th ese source s, eith er federa l or Local Agen cy, fa il to provide necessary
funds as agreed upon herein , the contract may be terminated by either party, provided th at
any part y terminating its interes t and ob li gations herein sha ll not be relieved of any
ob li ga ti >'·1s wh ich existed prior to lh e effective date of such tcnnination or which may occu r
as a result of such tem1ination.
Exhibit C-1 -Page 2 o f2
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COUNCIL COMMUNICATION
Dale : Agenda It em: Subject:
Jun e 2, 2008 11 a i Amendmen t to th e IGA with COOT fo r a Bridge
over th e Pl att e River at O xfo rd Ave nue
Initiated By: Slaff Source:
D epa rtm ent of Public Works Rick Kahm, Director
Da vid Henderso n, En2ine erin2/Caoital Pro iec ts Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Counci l approved Resolution No. 79, Series 2003, autho ri zing th e City to app ly for fed eral funds
under the lnterm oda l Surface Transportation Efficiency Act (ISTEA).
• Council approved Resolution No. 77, Series 2005, authorizing the City to apply for federa l funds
under th e "Safe Accountable Fl ex ibl e Efficien : Tr ansp ortation Equity Act-Legacy for Us ers ".
• Staff discussed th e sta tu s of the project at the August 14, 2006 Council Study Session .
• Council approved Ordinance No. 36, Series 2006 authorizing an Intergove rnmental Agreement
(IGA) with COOT for th e pedestrian bridge ove r the Pl atte River at Dartmouth Avenue.
• Staff discussed the status of the project at th e August 14, 2006 Co un ci l Study Session .
• Staff ,.;,cussed the statu s of the project at the January 16, 2007 Council Study Sessio n .
• Council app roved, by Motion, awarding a design contract to Hartwig and Ass ociates on May 7,
2007.
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance authorizing Contract Amendment N o. t
to our exis ting Intergove rnm en tal Agreement (iGA) with th e Co lorado D epartm ent of
Transportatio n. This Amendment will obli gate $476,000 of federa l funds for the constru ction o f the
Bridge over the Platte Ri ve r at Oxford Av enue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDE'IITIFIED
The existing bri dge over th e Platte River was built by Englewood to connect the fr ont and back nine
holes of our Golf Course. Subsequently, it has served as a cros s-ove r conn ec tion fo r th e Mary
Carter Greem ay . This has ca us ed co nflicts betwee n p edestrians, bicycles, and golf ca rts. This
proposed p roject will in st•II a new stru cture, south of th e exis ting b rid ge, to separate golf cours e
patrons fr om th e Platte Ri ve r Trail System.
The Denver Regional Counci l o f Governm ents (DRCOG) accepts appli cations from l oca l
gove rnments, typically on a two-year cy cle, for projects to be considered for federal fund in g.
DRCOG, in coop eration w ith the Colorado Department of Transportation (COOT), is charged with
preparation of th e Tran sp ortati o n Improvement Program (T IP ). The TIP pri oritizes regi ona l projects
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for Fede ral Transpo rt, ti on Funds avail ,1ble through th e Saie Acco untable Fl ex ible Effici ent
Tran sport ati on Eq uity A,·•-L egacy fo r Users (SAFETEA-1 U).
En glewoo~ fi rst appli ed fo r II ,i s enh an ceme nt projec t in 2003 and , with Council's concurrence, we
reappli ed in 2005. Bas ed on o ur app lica tio n and cer ti fica ti on th at loca l ma tchi ng fun ds are
avai lab le, DR COG accepted th e projec t in 2006 and in cl ud ed $579,200 of federa l funds in th e TIP
($103,2 00 for des ign and $4 76,000 fo r cons truction).
An IGA w ith COOT, obliga ting $103,2 00 in federa l fund s for des ign, was approved in 2006. Per
COOT and fede ral req uirements, we p ublicly adve rti sed and se lec ted a desig n co nsultan t based on
qu alifica tion s. H artw ig and Associa tes was selecte d and desig n work bega n in M ay, 2007. D esig n
was comp leted in Sep tem ber, 2007, an d we have b ee n w,titin g fo r COOT to prepa re a Contract
Amendment and ob li gate th e $4 76,000 for th e co nstructi on phase .
Per th e D eve lopment Agree ment relate d to th e Sh eridan D eve lo pm ent, M ill er/Wein garten (M/W)
will pay 20% of th e ac tu al cost. Based on th e lates t es tim ate for des ign and co nstruction, th e M /W
share w ill b e $1 70,000. Englewood is res po nsible fo r th e remaining local share.
This p edes trian bridge p ro je ct should be constru cted during low fl ow p eri ods in th e Pl att e Ri ve r
(N ovember to March). Our consu ltant and Public W o rks staff acce lerated th e des ign sc hedu le,
completed the final review w ith COOT, and requested th ey provide th e req•,i red constru cti on
funding ag reement last O ctober. Our hope wa s to b eg in co nstructi on las t vaar. Unfortunately, it
has taken approximately six mo nths for COOT to p rovi de this Contrac t Amendment.
Pendi ng approval of the second rea ding of this Bi ll and CDOT's issu ance of a "Co nc•mence to
Adverti se··, we w o uld constru ct thi s p roject beg inning in October, 2008 and co mplete th e project
by April, 2009. Thi s sc hedule is dependent upon COOT exec utin g thi s Amendm ent in a tim ely
fash ion and providing th e required approva ls by August 1, 2008. Delays at COOT would req uire
postponing the proj ec t until th e w inter seaso n of 2009/2010. A re ce nt pa st projec t (Broa dway
Medians) ex p eri ence d de lays of ove r two yea rs after th e IGA was approve d. Our goal is to bid thi s
project and th e D artm o uth Bridge projec t at th e sa m e time, rea l izing savings from economy of
sca le.
FINANCIAL IMPACT
Th e ori gi nal es ti ma te (s ubmitted with th e DR COG applica tion in 2003) fo r co nstru ction of thi s
project was $595,000. Federa l fundi ng for constru cti on is capped at $4 76,000. Cons tru cti on cost
estimates have esca lated, p arti cularl y fo r steel and co nc rete. Pt, our ex isti ng IGA, Engl ewood is
respons ible ior 100% o f additiona l cos ts.
Th e total es tim ated cos t fo r th e construction of th e projec t is $722,000 as detail ed below:
Fede ral
M /W co ntribution (20% of total project co st )
En glewood share of co nstructi o n Overm atch (base d
on Septe mber, 2007 es timate)
Total es tim ated loca l matching funds fo r c onstru c ti on
Total Construc tion
$170,000
$476,000
$2 46 000
$722,000
•
•
•
D es ign w as co mpleted in 20 07 al .i total cost of $129,000 ($103 ,20 0 federal and $25 ,800 local
match). Pel' o ur e isl in g IGA, CDOT w ill reimbu rse En glewood SI 03,200 fo r th e federal share of
desig n. Pleas e note th at on CD O T's Exhibit C-1 in th e Am endm ent. th e federa l fun ds incl ude both
desig n and con structi on ($ I 03,200 des ig n p lu s $4 76,000 constructi on = $579,200). Also, p leas e
note th at CDOT has not used th e correct cost es tim ate. The to tal cost of the p rojec t, incl udi ng
design, is estim ated at $85 1,000 ($1 29 ,000 design and $722 ,000 construction). O ur O verm atch o n
Ex hi bit C-1 sho uld read S 127,000. CD O T is not co nce rn ed wi th the ove rm atching do ll ars as our
IGA states we are res po nsibl e. Chan gin g th is woul d require a co uple of m onth s an d ac ti on by th e
State Tra nsp ort ation Co mmissio n.
Funding fo r th e design and co nstru cti on of th e project is in pl ace as detail ed below:
Federal Fund s
M /W c ontributi on
Publi c Improve m ent Fund
Co nse rv ati o n Trust Fund
Total
$579,200
170,000
77,000
~
$85 1,000
Staff expects to hea r fro m Arap ahoe County Open Sp ace in earl y June regardin g o ur $250,000
applica ti o n to offse t ri sing cost s for o ur tw o brid ge p rojects.
LIST OF ATTACHMENTS
Bridge Location M ap
Bill for an Ordinance
Contrac t Amendm ent N o. I