HomeMy WebLinkAbout2006 Ordinance No. 031•
•
•
ORDINANCE NO . _Jl_
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 24
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING A CONTRACT ENTITLED AGREEMENT
REGARDING DESIGN , EASEMENT ACQUISITION AND CONSTRUCTION
RELATED TO THE BIG DRY CREEK TRAIL BETWEEN LEHOW AVENUE
AND BROADWAY BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND
THE SOUTH SUBURBAN PARKS FOUNDATION.
WHEREAS, in 1994 Englewood, Littleton and South Suburban Parks Foundation
cooperated in the preparation of a plan to install a bike trail along Big Dry Creek
from the South Platte River to the Higbline Canal; and
WHEREAS, a master plan was developeJ with the proposed trail alignment,
phasing and fundraising recommendations : and
WHEREAS, six segments of construction bave taken place , completing the trail
sysiem from the Mary Caner Greenway at the South Platte River to Lebow Avenue ;
and
WHEREAS, the Englewood City Council approved Ordinance No. 60, Series of
2003 approving an Intergovernmental Agreement (IGA) with COOT regarding
funding the construction of the project ; and
WHEREAS, the Englewood City Council approved a motion to award a
construction contract for Phase I Trail improvements in March of 2004 ; and
WHEREAS, the segment from Lebow to Broadway (Phase II) is currently in the
final design stage and bas presented challenges obtaining right-of-way easements thus
Phase II will be constructed in stages; and
WHEREAS, South Suburban Parks Foundation has taken the lead role in the
fundraising for the trail system, receiving fund ing from a variety of sources inch1~;:.g
contributions from private donors, grants from Arapahoe County and contributions
from the Cities of Englewood and Littleton; and
WHEREAS, Englewood has applied for funds that South Suburban Parks
Foundation is not eligible to receive directly, these include Federal Transportation
Funds and contributions from the Urban Drainage and Flood Control District; and
WHEREAS, Englewood applied to the Denver Regional Council of Governments
(DRCOG) for fcdcral funds and agreed to be the "local project sponsor" for two
segments (Phase I and Phase II) from Fox to Broadway ; and
WHEREAS, Englewood received $600,000 in Fcdcral Funds towards the total
estimated project cost of $1,400,000 and South Suburban Parks Foundation agreed to
cover the entire local match of $8,000 ; an.I
-1-
9b I
WHEREAS , Soulh Suburban Pub Foundation bu been reimbunina Ena)ewood for
all out of pocket expenae1 related to the project 1ince 2002, lhe puuae of lhi1
Ordinance will formalize Soulh Suburban Pub Foundation'• cornmillllent to
reimbune Enalewood in a timely manner;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~. The Agreement between lhe City of Enalewood, Colorado and lhe
Soulh Subwban Parks Foundation fonnalizes Soulh Suburban Parks Fo1mdation
reimbunement to lhe City of Englewood, lhe matching funds for design , construction
and easement acquisition for lhe bi& Dry Creek Trail Pbue II-Lebow to Broadway,
attached as "Exhibit A", is hereby accepted and approved by lhe Englewood City
Council.
~-The Mayor is aulhorized to execute and the City Clerk to attest and seal
lhe Agreement for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on lhe 71h day of August, 2006 .
Published as a Bill for an Ordinance on lhe 11th day of Augu st, 2006 .
Read by title and passed on final reading on the 21st day of August, 2006 .
Published by title as Ordinance No. &f. Series of 2006, on the 25th day of
August , 2006.
1/ V
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
cenify that the above and forego ing is a true copy of the Ordi~anc used on final
reading and published by title as Ordinance No3,Z., Series 2 .
-2 -
•
•
•
•
•
•
AGREEMENT
THIS AGREEMENT, entered into this __ day of=-c:-.,-~. 20_ by an d
between t 1e CITY OF ENGLEWOOD, whose address is I 000 Engl ewood Parkway,
Englewood, Colo rado 80110 and SOUTH SUBURBAN PARKS FOUNDATION, INC ., whose
address is 6631 South Universily Boolevard, Centennial, Colorado R0l21.
WHEREAS, there has been a joint effort by several en tities including South Suburban
Parks Foundation, Inc . and the City of Englewood to create a trail along Big Dry Creek from
the South Platte River to the Highline Canal.
WHEREAS, the City of Englewood is th e project sponsor for the Big Dry Creek Trail
from Fox to Broadway.
WHEREAS , construction of Phase I, Fox to Lehow is comp lete .
WHEREAS , Phase II has presented challenges obtaining Right-Of-Way easements
because two property owners not been receptive to offers.
WHEREAS , a temporary on-street route has been approved by COOT to complete the
link under Broadway . ·
WHEREAS, the on-street route will begin at Lehow to South Delaware, then west on
Rafferty Gardens to Broadway with a ramp being constructed within exi sting Right-Of-Way
adjacent to Broadway for access to the trail.
WHEREAS, the Phase II scope of work wi ll construct 950 feet of the trail beginning
approximately 200 feet west of Broadway and terminating at Greenwood Point Apartments
approximately 750 feet east of Bro adway.
WHEREAS, South Suburban Parks Foundation, Inc. will reimburse Englewood for all out
of pocket and match1ag funds related to the design and construction of the Big Dry Creek
Trail from Fox to Bro:.dway, over and above the amount funded by the COOT/Enhancement
funding.
WHEREAS, Englewood received a $600,000 grant through the Denver Regional
Council of Governments for this project.
WHEREAS , Englewood is responsible for the project and must oversee and contract
for design and construction , per all Federal and State requirement s of the grants from the
Colorado Department of Transportation (COOT) Contract #M395 -0009 (Big Dry Creek
Trail Fox to Lehow) and UDFCD Agreement #05-12 .01 (Property Acquisition elld
Construction of a Maintenance Trail).
WHEREAS, as a part of this joint effort South Suburban Parks Foundation, Inc . has
been reimbursing Englewood for all out of pocket expenses related to the Big D1y Creek Trail
project since 2002, over and above the amount funded by the COOT/Enhancem ent funding .
-1-
!
t
A
WHEREAS, South Suburban Parks Foundation , Inc. agrees to reimburse the City of
Englewood in a timely manner, the match ing funds for design, construction and easement
acquisition for tho Big Dry Creek Trail Phase 11-Lehow to Broadway, subject to mutual
review and approval by both parties of funding requirements or bids before proceeding .
NOW THEREFORE, for mutual consideration, tho receipt of which is hereby
acknowledged, the parties agree as follows:
I. Any fi nal design will be mutually agreed upon by the parties before the bidding
of the project. South Suburban Parks Foundation, Inc. shall review and approve
the bids before the City awards a construction project or purchases an easement.
2. Englewood, as the contracting agency, must pay for construction up front;
therefore, the South Suburban Parks Foundation , Inc. agrees to reimburse the
City of Englewood's out of pocket expenses, and matching funds for all design,
construction and easement acquisition for Phase II of the Big Dry Creek Trail
from Fox to Broadway for the mutually pro-approved amounts over and above
the CDOT grant funding, within sixty (60) days of receipt of an invoice for
these expenses from the City .
3. All notices and communications under tho Contract to be mailed or delivered to
th e City of Englewood shall be to tho following address :
Director of Public Works
City of Englcwo •Jd
1000 Englewoo\! Parkway
Englewood, Cr :0rado 801 :o
All notices and commu :,k •tions pertaining to the r1ntract shall be mailed or
delivered to the South Suburban Parks Foundation, io c. at the following address :
South Suburban Parks Foundation, Inc.
6631 South University Boulevard
Centennial, Colorado 80121
4. The terms and conditions of the Contract shall be binding upon each party, its
successors and assigns .
-2 -
•
•
•
•
•
•
S. Nothing here in shall be conslnled as creating any penonal liability on the part
of any officer or agent of any publ ic body , which may be party hereto, nor shall
it be construed u giv ing any rights or benefits hereunder to anyone other than
the South Suburban Parks Foundation, Inc .
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year
first written above .
ATTEST :
Loucrishia A. Ell is, City Clerk
ATTEST :
CITY OF ENGLEWOOD
Olga Wolosy,1, Mayor
SOUTH SUBURBAN PARKS
FOUNDATION, INC .
-3-
•
•
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 7, 2006 11 a I Agreement with South Suburban Parks Foundation
for Big Dry Creek Trail
Initiated By: I Staff Source:
Public Works Department Rick Kahm, Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Co uncil approved Ordinance No . 60, Series 2003 approving an Intergovernmental
Agrtement (IGA) with CDOT regarding funding the construction of the project.
• Council approved a motion to award a construction contract for Phase I Trail Im provements
on March 1, 2004.
RECOMMENDED ACTION
Staff recommends Council adopt a Bill for an Ordinance to enter into an agreement with the South
Suburban Parks Foundation (SSPF). This agreement obligates the SSPF to reimburse Englewood for
all out of pocket expenses and local matching funds related to the design, easement acquisition ,
and construction related to the Big Dry Creek Trail between Lehew Avenue and Broadway.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1994, Englewood, Littleton , and SSPF cooperated in the preparation of a plan to install a bik e trail
along Big Dry Creek from the South Platte River to the Highline Canal . A master plan, prepared by
Bob Seams of Urban Edges, Inc., propos~d the trail alignment, phasing, and fundraising
recommendations . Six segments of construction have taken place, completing the trail system from
the Mary Carter Greenway at the Platte Riv er to Lehew Avenue, as detailed below :
Windermere to Bellev iew (Belleview Park segment)
Bdie,iew to Fox (Progress Park segment )
Platte River to Windermere
Brid ge over Platte River
Fox to Lehew Avenue (Phase I)
Completed in 1997 ($450,000)
Completed in 1999 ($200,000)
Completed in 2001 ($592,000)
Completed in 2002 ($307,000)
Completed in 2004 ($520,000)
Th e SSPF has taken the lead role in fundraising for the trail system. They receive funding from a
variety of sources including contributions from private donors, grants from Arapahoe County, and
contributions from the Cities of Englewood and Littleton . In addition, Englewood has applied for
funds that SSPF Is not eligible to receive dlrecdy. These Include Federal Transportation Funds and
contributi ons from thP Urban Drainage and Flood Control District (UDFCD) .
In 2002 Englewood applied to the Denver Regional Council of Governments (DRCOG) on behalf of
SSPf for Federal funds and agreed to be the "local project sponsor " for the two segments (Phase I •
and Phase II) from Fox to Broadway. The project was selected and Englewood received $600,000
In Federal Funds towards the total estimated project cost of $1,400,000 . SSPF agreed to cover the
entire local match ($800,000). Because Englewood Is the "project sponsor", we are responsible for
the project and must oversee and contract for design and construction, per all Federal and COOT
requirements of the grant.
The segment from Fox to Lehow (Phase lj was completed In 2004, utilizing $482,000 of the
$600,000 In available Federal funds .
The segment from Lehow to Broadway (Phase llj is currently in the final design stage . Phase II has
presented challenges obtaining right-of-way easements . Two property owners (Meister and Lehrer)
have not been recepti ve to offers . Due to the easement issues, Phase II will be co nstructed in
stages . The first stage of Phase II will construct 950 feet of trail under Broadway at an estimated
cost of $580,000 . This segment w ill be constructed wi thin existing right-of-way. The other
segments will construct a ramp from Broad way down to the trail and complete the trail through the
Meister and Lehrer properties (pending easement acquisitions).
SS Pf has been reimbursing Englewood for all out of pocket expenses related to the projec t since
2002 ; however, the agreement is informal. n ,;s action will formaliz e SSPF's commitment to
reimburse Englewoo d in a tim el y manner . The match ing funds relat ed to COOT Contract #M395 -
0009 (Big Dry Creek Trail Fox to Lehow) and UDFCD Agreement .l 05 -12.01 (Pr operty Acquisition
and Construction of a Maintenance Trail).
FINANCIAL IMPACT
All of the out of pocket and matching funds for the project will be paid for by the SSPF.
LIST OF ATTACHMENTS
Bill for an Ordinance
•
•