HomeMy WebLinkAbout2000 Ordinance No. 024ORDINANCE NO.~
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO . 24
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING THE "CONTRACT AMENDMENT#'!' TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO AND THE STATE OF COLORADO FOR THE USE ANO BENEFIT OF
THE DEPARTMENT OF TKANSPORTATION (COOT) FOR THE CONSTRUCTION
ANO FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON
BROADWAY BETWEEN U.S. 285 AND YALE AVF.NUE IN THE CITY OF
ENGLEWOOD .
WHEREAS , the City Council of the City of Eng 1ewood pa88ed Resolution No. 3,
Series of 1996, whlcl, a.-horigd the City to apply for Federal funds under the
lntermodal Sil" -i ~'\ion Efficiency Act (!STEA); and
WHEREAS, in 1997 the City initiated the South Broadway Corridor Action P/an:
and
WHEREAS , the City Council of the City ofEnglew~ paaaed Ord.ins;..;, No. 11,
Series of 1998 authorizing an Intergovernmental Contract between COOT and the City
for the design of the project of widen and create medians on Broadway between U.S.
285 and Yale Avenue ; and
WHEREAS , the City Council of the City Of Englewood p888ed Or.!inance NO. 66 ,
Series of 1999, amending the basic contract dated August 6, 1998, in o,der to add the
construction budget for the project deacribed in the previously executed contrar.t; and
WHEREAS, the paaaage of this Ordinance covers wording changes to Amendment
#1 related to the construction of "South Broadway Widening and Medians"
WHEREAS, this proposed Amendment does not change the financial commitments
detailed in Amendment #1 which provides for the Federal Participating Funds to be
$2 ,980 ,000 .00 , the State Participating Funds to be $3 70,000.00 , and Englewood's
Participating Funds to be $375 ,000 .00 and Englewood 's Non-Participating Funds to
be $4 ,767 .00 , for a Total of $3 ,729 ,767 .00;
NOW, THEREFORE, BL ,T ORDAINED BY THE c;·rv CC IJ NCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
llw:li.wl...l. The City Council of the City of Englewood , Colorado , hereby authorizes
the "Contract Amendment #2" to an intergovernmental agreement with the State of
Colorado for the use and benefit of the Department of Transportation (COOT) for the
construction and funding of the project to widen and create medians on Broadway
betwe en U.S. 285 and Yale Avenue in the City of Englewood , attached as "Exhibit A".
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10 b xii
~. The Mayor ia authorized to tacute and the City Clerk to atteat ar, ..,al
the "Contract Amendment #Z' to the interiovommental aareement with CDoT fn.r , .,d on behalf of the City of Enclowood, Colorado .
Introduced , read in full, and paaaed on firat reading on the 20th day of March 2000.
Publiohed aa a Bill for an Ordinance on the 24th day of March, 2000.
Read by title and paaaed on final reading on Lhe 3rd day of April, 2000 .
Published by title as Ordinance No~ Series of 2000 , on the 7th day of April, 2000.
·'Vi7 . cf~
~Clerk
I, Loucria!,ia A. Ellia, City Cluk oftbe City of Englewood, Colorado, hereby certify
that the abo-,e and foragoing ia a true copy of the Ordinance paaaed on final reading
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STU 2854-071 (11999)
WIDENINO BROADWAY: US 285 TO YALE A VENUE
City ofEn1lwood/R6 (JR!)
CONTRACT AMENDMENT #2
'00 HA6 00071
.. u:,
THJS AJvlENDMENT, is made this __ day of ______ _, 19_, by and
between the State of Colorado for the use and benefit r., the Depamnent of Transponation
hereinafter refe:red 10 as "the State" or "COOT" and the CITY OF ENGLEWOOD , STATE OF
COLORADO . 3400 South Elati Stree t, Englewood, CO 801 IO , FEIN: 846000583 hereinafter
referred 10 as the "Loc:il Agency ".
FACTUAL RECITALS
I. Authority exiSlS in the law and funds have been budgeted, appropriated and otherwise
made al'ailable and a sufficient unencumbered balance thereof remains available for payment in
Fun,:! Number 400, Appropriation Code 010 , Organization Number 9991, Program 2000, Function
:;::;o I, Object 2312 IP , Phase C, Reporting Category 6240, Contract Encumbrance Number 11999,
(Contract Encumbrance Amount: S0.00).
2. Required approval. clearance, and coordination have been accomplished from and with
appropriate agencies: and
3. The ,anies emere d imo a contract dated August 6, 1998 , (98 H.->.6 0 I Oi7) and Contract
Amendment=!, dated Januai:· 3, 2000, for a project to widen Broadway at L'S 285 to Yale Avenue.
including new signalization of the 285 Broadway Ramps . modiiic~tions 10 two ramps and assoc iated
impro\'em ents . and the reconstruction of Broadway to accommodate raised medians from L'S 285
to Yale. more fully desc:ibed in Exhi bi1 A artached to ~iie Basic Contract. Routing Number 98 HA6
010,i.
4. The Basic Contrae t is still in effect and provides for :~anges to its 1errns and conditior.s
by writt en supplemental contraet: and
5. Tne panics now desire 10 amend the Basic Contrac: to provide that the Loc:i.1 Agency is
the responsible pany for performing the laSks associated "ith construction for the project described
in the pm·i ously executed Basic Contract Rout ing 1'.umber 9S H.->.6 010ii.
6. This .-\mendment is entered into pursuan: 10 the pro,·isions oi Sections c-l-30-140 I et
seq .. 43-1-106. and 43-1-110. as amended .
NO\V THEREFORE, it is hereby agreed that
A
I. Consideration for this Amendment to the 8.Jic Contract wbir.h coaaiJII of the ,.
original contract dated August 6, 1998. Routing Number 98 HA6 01077, and Con~ ~t.
#1, dated January 3, 2000, consists of the work identified in this amendment, the paymenb of which
shall be made pursWlllt.to Amendment #1 and the promises and agreements herein set fonh.
2. It is expressly agreed by the panics that this Amendment is supplemental 10 the Basic
Contraet which is, by this reference. incorporated. and made a pan hereof, and anached as fahibit
A, and all tenns, conditions, and provisions thereof. unless specificaJiy modified herein, an: 10 ~ply
to this Amendment as though they were expressly rewritten, incorporated, and included herein.
3. It is agreed the Basic Contract is and shall be modified, altered. and changed in
the follov.ing respects ortly:
a. Section 11, Proiect Description. of the Basic Contrac: shall be deleted and shall
be substituted v.ith a new Section II which shall read as follows:
II. PROJECT DESCRIPTION
'The project " or "the Work" under this contract shall involve the design and construction of
Project STU 2854-071, which shall consist of widening Broadway at L'S 285 to Yale Avenue.
installing new signalization at the US ~85/Broadway ramps , modifying rwo ramps and
completing the associated improvements . and reconsrructing Broadway to accommodate raised
medi3Ils from L'S 285 to Yale Avenue, here in referred ro as "the project" or 'the Work" in
Englewood , Colorado , as more specifically described in Exhibit A, attached to the Basic Contract
(the Fonn #463 and/or a "Scope of Work") as it may be re vised by the panics in the design
re,·iew process before the project work is acruall y started.
b. Sec tion IV . Work Resoonsibilirv . of the Basic Contract shall he dei<.red and
shall be substituted "ith a new Section IV. which shall read as follows :
I\'. WORK RESPONSIBILITY
The Local .-\gen cy sh:ill be respons ib le to perform all design :llld consrruction tasks required to
complete the Work and the Loc:il Agency shall comply \\ith all applicable te:,ns and conditions
of this contract in performing the Work. including those process and task responsibilities
addressed in the Prc-Co t.structio n and Consrruction .-\dministration CheckliSts attached to the
Basic Con tract . The Loc:il Ag ency shall perform :iii such tasks in accordance with final
approved design and in accordance "ith applicable requirements and standards. including those
in this contract and in applicable law .
-1 . Except for the "Spec ial Pro,·isions." in the e\'ent of any conflict. inconsistency.
variance. or contrad icti on between the pro\'isions of this Amendment or any of its attachments or
exhibits. and any of the provisions of the Basic Contract. this Amendment shall in all respects
supersede . govern and control. The "Spec ial Pro"isions " shall always be controlling over other
pro \'isi ons in the contractor amendments . The factual representations in the Special Provisions •
concerning the abse~ce of bribery or corrupt influences :llld personal interest oi State emp lo yees are
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presently reaffbmed.
s. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE
CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING
APPROPRIATED, BUDGETED, AND OTHER.WISE MADE AVAILABLE .
6. THIS AMENDMENT SHALL NOT BE D.iEMED VALID UNTIL IT SHALL
HA VE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR
SUCH ASSISTANT AS HE MAY DESIGNATE .
' -IN WITNESS WHEREOF, the parties bemo have execwed this Amendment oa lbe day first
above wriilm.
STATE OF COLORADO
BILL OWENS, GOVERNOR
ATTEST : By ________ _
Chief Clerk
Contractor:
CITY OF ENGLEWOOD
By ________ _
'nXIIBSJ. Bums
Title
A TTOR.\iEY GBiERAL
KE:-..SALAZAR
By ___ _
GREG JA.\.i.J[~ON
Assistant Attc'llcy General
Ci, ii Litigation Section
By __________ _
Executive Di.-ector,
Department of Transponation
ATTEST (Seal )
By ________ _
Title
APPROVALS
I.coucrishia A. Ellis
City CJerjc
STATE CO NTROLLER
ARTHUR L. BARNHART
By ________ _
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COUNCIL COMMUNICATION
Date Agenda Item
Maruh 20, 2000 11 a ix
INITIATED BY STAFF SOURCE
.,. A Id, JAl.11,11.1'1I ◄
Subject
Amendment #2 lo !GA with COOT
for Cqnstructlon of Broadway
Widening and Medians
Department of Public Works Ken Ross, Director of Public Works
Rick Kahm, Capital Projects Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This action continues implementation of the "South Broadway Action Plan".
Council's goal is to utilize Intergovernmental cooperation on projects that benefit all parties .
Council approved the following regarding this project :
• Resolution No. 3, Series 1996, authorizing the City to apply for Federal funds under the lntennodal Surface
Transportation Ettlciency Act (!STEA) on January 2, 1996.
• Ordinance No. 41, Serles 1998 approving an lmergovemmental Agreement (IGA) with the Colorado
Department of Transportation (COOT) regardlng funding lhe design of this project.
• Approval of a contract, by motion , with URS Greiner for design of the project.
• Ordinance No . 66 , Serles 1999 approving Amendment # 1 to the IGA regarding funding the construction of
this project.
RECOMMENDED ACTION
Slaff recommends council approval of a Bill for an Ordinance entering into an agreement with the Colorado
Department of Transportation. The agreement (Amendment# 2) covers wording changes to Amendment# 1
related to the construction of "South Broadway Widening and Madlans".
BACKGOUND, AUAl YSIS , AND ALTERNATIVES IDENTIFIED
In June , 1998, Council approved IGA with COOT to fund the design of this project. URS Greiner was selected as
the design consultant and the design is complete .
In November. 1999 Council approved Amendment # 1 lo the COOT agreement lo Include funding of the
construction of this project.
The Stale Attorney General's office subsequently reviewed Amendment # 1 and recommended certain wording
changes to COOT . This Amendment # 2 corrects the wording as recommended by i:,e Attorney General's ottlce .
The changes include a better definition of the responsibility for administration of the construction contract and a
more detailed project description .
FINANCIAL IMPACT
This Amendment # 2 does not change the financial commitments detailed In Amendment # 1.
Federal Flmll
State Matching Funds
City ol Englewood Matching Funds
City Ovennatch (non-pa~lclpallng) Funds
Total
LIST OF ATT ACHIIENTS
BIii for an Ordinance
Intergovernmental agreement (Amendment # 2)
80%
9.9%
10.1%
$2,118(),000
370.000
375 .000
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$3 ,729 ,767
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