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HomeMy WebLinkAbout1994 Ordinance No. 003ORDINANCE N0.2._ SERlES OF 191M BY AUTHORITY COUNCIL BILL NO. fi INTRODUCID BY COUNCIL MEMBER WJGOINS AN ORDINANCE APPROVING A CONTRACT BETWBEN THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD , COLORADO, DEPARTMENT OF PUBLIC WORKS REGARDING HIGHWAY CONSTRUCTION OF WINDERMERE • BPLLEVIEW • NORTH . WHEREAS, authority exiota in the law and funda have been buclceted, appropriated and otherwiae made available and a aufflcient unencumbered balanoo th-r remain ■ available for payment or project tho Local Apncy co ■ta in Fund Number 400, Orpniution Number 9991, Appropriation Code 010, Prqirtm 2000, Functioa 3020, Oqect 2312 l P, Originating Unit 6061, Contract Encumbranca Number /006/ 100) D; and WHEREAS , required approval, clearance and coordination hu been accomplished from and with appropriate agencie■; and WHEREAS, the State and the City o(Englewood claaire to c:ooperete u provided in the Contract on the project for conatruetlon of the utenaion of W-mdermere Street to provide for a continuous frontage roac! on the -t aide of Santa Fe Drive (SH85) from Belleviaw Avenue to Oxford Avenue in Englewoc;d , Colorado, which project ia in the intereat of both the State and the City of Englewood; and WHEREAS, the City ofEnelewood hu a,reed to contribute funda toward the coat al the project; and WHEREAS, the purpoae aflhe Contract is to define the reapective re■ponaibilitie■ or the parties h•reto for the project; and WHEREA5 , the State and the City of Englewood have eatimat.ed the total coat of the work and the City of Enelewood i1 prepared to provide a portion of the project coota : and WHEREAS, the Contract i■ uecuted by the State of Colorado under authority af Sectiona 24-92-101, et seq., 29-1-203, 43-1-110, 43-1-116, 43-2-101 (4) (c) and 43-2-1'4, C.R.S., as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : &dilm..l. The f..ell tract with the State of Colorado Department ofTran1portati011 for highway conatruction of Windermere • Belleview -North and the City of Englewood the Department of Public Works is hereby ....,pt.ed and approved by the E11glewood City Council. The Mayor is authorized to execute and the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood , Colorado. -1 - Saalan..2, The Contract pnorally contain, u rollon: A. The Contract ntabllahn the pnaral provilion1 ror and cleftnea certain ratp0nllibllitin reprdin1 the conatruction or the utonalon of'Wlndarmera Str.et to pnmcle ror e contlnu0111 frontap road on the eut aide or Santa Fe Drive (SH 85) rrom Belleview Avenue to O,rord Avenue In Enalewoocl, Colorado, rthe work") a1 apecifically de1cribed in the plant and 1pecification for the work which an incorporated in the Contract and made a part o( auch Contract. B. The State will provide the pN!liminary engineerin1 for the work, lncludina the preparation or construct.ion plana, apeciflcationa, and eatimate, In accordance with the St.1itc'1 Roadway Deaisn Manual and Standard Specification, ror Road and Bridp Conatruction . The State will afford the City of Enelewoocl ample opportunity to N!view and approve the conatruction plant, 1pecial provision,, and eatimates. The State will provide final a11ambly of conatructlon plan,, apecial provision,, eotimatee and conatruction contract documenta. The State will eatabliah appropriate Diaadvantqed Bualneu Enterpriae coala for the conatruction contracl(a). The State, in conjunction with the City of En 11lewoocl, will advertiH the call for bid• and award the conatruction contracl(1) to the low responalble bidder(a). C. The State or Colorado will provide construction engineorinc during the conatruction of the work. Said construction enslneering will include field and office engineering, lnapection and material t.estin1, traffic control, and the auperviaion ol'the construction ofthia project. The State wm inform the City or Englewood of any conatruction contract modification, N111>,lting from the construction engineeri_ng. On completion or the work, the State will aehedule a final inspect.ion of the work with the construction contractor and the Cili), or Englewood . Baaed upon that inapection, the City or Enelewoocl will Indicate · • writing ita concurrence or non-concurrence of the aatilfactory penonnance or the work . Penormance or the work in accordance with the planl and 1pecification1 will be deemed to be aatisfactory . Upon aatiafactory penormance or the work, the State will effect contract close out procedurea, includinc advertiaing for and seUlement cf claims . D. Upon aatisfactory penormance and completion of the work to be penormed under the Contract, the State ,hall 1ubmit a final N!Capitulation of the work co.ta to the City of'Englewoocl and a billing ror the work coata due from the City ofEnelewoocl to the State. Interim funds, until the State is reimbursed , shall be payable from State Highway Supplementary Fund (400). Billings and payment will be made under State Project No . NH 0853-018. E. The State hea estimated the total cost or the work to be $3,300,000. The Local Ageney will n,mit to the State a lump aum or$500,000 within 30 daya aft.er receipt of the State billing for the City or Englewood share th e costa of the work. All costa of the work in ncess of$500,000 shall be bome by the Stale. The State will bill the City of Englewood aft.er the project ia accepted by th e State and approved by the City or Englewood in accordance with the Contract. F. The State shall maintain all books,1iocumenta, papen, accounting records, and other evidence pertaininc to coat ■ incurred on the project and 1hall make 1uch materials available for inspection at all reasonable times during the project period and for thn,e years from the date o(final payment by the City orEnglewoocl to the State. Copiea or such record1 shall be furnished at the request of the City of Englewood for the City's permanent records . -2 - 0 . Th o f;tata will provide llalaon with the Clt;y of Enslt•oocl throuah tho State'• Jltclon Transportation Director, or hi1 duipN(1), ftecion 6, 2000 South Holly Strtet, De 11~r. Colorado 80222. Said ftecion Transportation mr-r or hl1 dellcneo, wi ll a l be n1pon1ible for coordinatin1 th e State'• activitiu under the ContracL H. The Contract may not be amended except in writin1 by the mutual aereement of the parti11 in a manner conlli1tent with all applicable laws and reeulation,. No riehta may be waived ucept by an instrum ent cl writin1 llcned by the parties chareed with such waiver. I. All of the covenants and provi1ion1 hen,of shall inun to the benefit of and be binding upon the partie ■, their 1ucceaaon and ulli111 1. J . The agreement shall be contingent upon all fund, needed for the project be ing made available from State and the City of Englewood aourcea u applir.able. Should e it.her of the aourc11 fail to provide all of the neceuary funda a, agreed upon hen,under for the project, 1h11 agreoment may be terminated by either party with respect to the project. Any party terrninatine ita intereltl and obligation, set forth in the agreoment shall not be r eli eved of any financial obliption1 which exi st.ad prior to the effective date of such termination or which may occur u a n,ault of auch termination . K . The term oft.he contnct ,hall continue through the completion oft.he project by the State and n,ce ipt by the State of final payment from the City of Englewood . L. It is expn,ssly understood and agreod that enforcement of the term, and condition• of the contract, and all rieh ts tf action relating to such enfon:ement, ahall be strictly n,aerved to the City of K."lglewood and the State, and not.hine contained in the contract thall give or allow an y auch claim or right of action by any ot.hn or third peraon on such contracL It ia lhe e:rpre.u intention of the City of Englewood and the State that an, peraon ot.h e:c than the City or the State nceiving service , or benefits under the Contract a.hall b, deemed to be an incidental beneficiary only. M. The City of Englewood n,preaenta and warrants that it hu taken al l action a that are nece asary or that are required by ita proc:edun,1 , bylaw1, or applicable law, to legally authorize the underlligned signatory to uecute the Contract on behalf of th e City ofE"lglewood and to bind the City of Englewood to the term, of the ContncL Introduced, n,ad in full , and puaed on first n,ading on the 17th day of January, 1994 . Publish ed as a Bill for an Ordinance on the 20th day of January, 1994. Read by title and passed on final reading on the 7th day of February, 1994. -3 - Publiahed by titlo u Ordinance No..i. Serieo or 1894, on the 10th day or February, ATTEST : J I, Patricia H. Crow, City Cler, ,f tht City o(En&lewood, Colorado, horeby certify that the above and rorqoine io a trv,, co;.• of the Ordinance puled on final readinc and publi ■hed by title a■ Ordinance No . ....:)_, Seri11 or 1994 . -4- NH 0853.:.018 IHNDERMERE, BELLEVIEW -NORTH (LUMP SUM) CONTRACT THIS C•.)NTRACT, made this day of 1 9 ___ , by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the CITY OF ENGLEWOOD, STATE OF COLORADO, her~inafter referred to as the contractor or Local Agency, WHEREAS, authority exi sts i n the law and funds have been budgeted, appropri ated and otherw',e made available and a sufficient unencumbered balance thereof remains available for payment of project and LOcal Agency costs in Fund Number 400, Organization Number 9991 , Appropriation Code 010, Program 2000, Function 3020, Object 2312 l P, Originating Unit 6061, Contract Encumbrance Number/_dd~/ [00] D (Contract Encumbrance Amount $0); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS, the State and Local Agency desire to coo~erate as provided her~in on a project for construction of the extension of Windermere Street to provide for a continuous frontage road on the east side of Santa Fe Drive (SH 85) from Belleview Avenue to Oxford Avenue in Englewood, Colorado, hereinafter referred to as "the work ", which project is in the interest of both the State and the Local Agepcy ; and -l- WHEREAS, the Local Agency has agreed to contribute funds toward the cost of the project ; and WHEREAS, the purpose of this contract is to define the respective responsibilities of the parties hereto for the above-described project; and WHEREAS, the State and Local Agency have estimated the total cost of the work and the Local Agency is prepared to provi de a portion of the project costs ; and WHEREAS, the Loca l Agency has passed and adopted an a~propri ate ordinance or resolution , a copy of whi ch is attached hereto and made a part hereof, which provides for Loca l Agenci• participation in the co s ts of the work, and establishes the authority under which the Local Agency enters into this con~ract ; and WHEREAS, this c ontract is executed by tbe Stato under authority of Sections 24-92-101, et seq ., 29-1-203, 43-i-110, 43-1-116, 43-2-101 (4) (c) and 43-2-144, C.R .S., as amended; and NOW , THEREFORE , it is hereby agreed tha '.: 1 . ~his contract establishes the general provisions for and defines certain re s ponsibilities regarding the construction of the extension of Windermere Street to provide for a continuous frontage road on the east s i de of Santa Fe Dr i ve (Sn 85) from Belleview Avenue to Oxford Ave r.ue in En-sl'!'""od, Colorado , ("the work") as specifi cal ly described in the plans and specifications for the ~ork which are incorporated -2- herei.n and made a part hereof l:>y reference . 2 . The State will provide the preliminary engineering tor the work, including the preparation of construction plans, specifications, and estimates in accordance with the State's Roadway Design Manual and Standard Specifications for Road and Bridge Construction. The State will afford the Local Agency ample opportunity to review and approve the construction plans, special provisions, and .,stimates . The State will provide final assembly of construction plans, special provisions, estimates and construction contract documents . The State will establish appropriate Disadvantnged Business Enterpri se (DBE) goal s for the construction contract(s). The State, in conjunction with the Local Agency, will advertise the cal l for b i ds and award the construction contract(s) to the low responsible bidder(s). 3 . The State will provide construction engineering during the construction of the work. Said constructi on engineering will include field and office engineering, inspection and material testing, traffic control, and the s •~ervision of the construction of this project. The !:,r.s te will inform the Local Agency of any construction contract modifications resulting from the construction engineering. On completion of the work, the State wil l schedule a f i nal i n spection of the work wi t h the construction contractor and the Local Agency . -3- Based upc,n that inspection, the Local Agency will indicate in vriting its concurrence or non-concurrence of the satisfactory performance ot' the work. Performance of the vork in accordance ~·ith the plans and specifications will be deemed to be satisfactory . Upon satisfactory performance of the work, the State will effect contract close out procedures , including advertising for and settlement of claims . 4 . Upon satisfactory performance and completion of the work to be performed under this contract, the State shall submit a final recapitulation of the work costs to the Local Agency and a bil ling for the work c osts due from the Local Ag e ncy to the State . Interim funds, until t he State is reim~ursed, shall be payable from State Highway Supplementary Fund (400). Billings and payment will be made under State Project No . NH 0853-018 . 5 . The State has estimated the total cost of the work to be $3,300,000 . The Loca l Agency will remit to the State a lump sum of $500,000 within 30 days a f ter receipt of th, Stnte bil.ling for the Local Agency share of the cost s of the work. All costs of t he work i n ~xcess of $500,000 shall be borne by the State. The State will bill the Local Agency after the project is accepted by the State and approved by the Local Ag .ency in accordance with Paragraph 3. above . 6 . The State shall m&intain all books, documents, papers, accounting records, and other evidence pertaining to . costs incurred on the project and shall make such materials available for inspection at all reasonable times during the project period and for three(3) years from the date of final payment by the Local .Agency to the State . Copies of such records shal l be furnished at the request of the Loca Agen<:'.' for the Local Agency's permanent records . 7 . The State will provide liaison with the Local Age ncy through the State's Region Transportation Director, or his designee(s), Region 6, 2000 South Holly Street , Denver, CO 80222. Said Region Transportation Director or his designee, will also be responsible for coordinating the State 's activi ties under this contract. 8 . This contract may not be amended except in writing by the mutual agreement of the parties in a manner consistent with all applicable laws a ~d regulations . No rights may be waived except by an instrument of writi ng signed by the parties charged with such wa i ver . 9. All of che covenants and provisions hereo f shal l inure to the benefi t of and be binding upon the parties, their successors and assigns . -5- 10. This agreement shall be contingent upon r.ll funds needed for the project bP..ng made available from State and Local Agency sources as applicable. Should either of the sources fail to provide all of the n ~cessary funds as agreed •lpon hereunder for the project, this agreement may be terminated by either party with respect to the project. Any party terminating its interests and obligations set forth in t ,ils ;i.greement shall not be relieved of ~ny finan cial o~l igations which existed prior to tne effective date o f such termination or which may occur as a result of such termi nat i on. 11 . The term of thi s contract shall continue through the completiou of the project by the State and receipt by the State of final payment from the Local Agency . 1 2. It i s e xpressly understood and agreed that e n forcement of the terms and conditions of this contract, and all rights of action relating to such &nforcement, s h all be strictly reserved to the Local Agency and the State, and nothing contained in this contract shall give or allow any such claim or r i ght of action by an·{ other or third person on such contract . It i s the express intention of the Local Agency and the st,.t e that any person other than the Local Agency or t he State receiving servi ces or benefit s under this contract shall be deemed to be an -6- incidental benetici ary only. 13 . The Local Agency represents and warrants that it has taken all action~ that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersi<Jned si•Jnatory to execute this .contract on behalf o·f the Local Agency and to bind the Local Agency to it:1 terms. -7- IN WITNESS WHEREOF, tbe parties hereto have executed tbis contract tbe day and year first above vritten. ATTEST : Chief Clerk ATTEST: By------- Title _____ _ STATE OF COLORADO ROY ROME R, GOVERNOR By-----~•------Executive D:.c rector DEPARTMENT OF TRANSP ORTATION CITY OF ENGLEWOOD, COLORADO By-----------Title __________ _ -8- Date January 17, 1994 INrilA TED BY STAFF SOURCE CO CIL GOAL COUNCIL COMMl/NICATION Ag~nda Item 11 b Department of Public Works Subject Contract to Construct Windermere from Belleview North Charles Ester •v, D irector of Public \, ·orlcs This does not address a specific Council goal , but this a ction will improv transportation wi thin the City. It improves access to ::ilglewood's bu,,;.0 °ss and residenti al areas in the proposed paving district. ISSUE/ ACTION PROPOSED Staff seeks Council support for a bill for an ordinance approving a contract with the Colorado Department of Transportation (COOT) to construct Windermere, Belleview North (Project 1'1H 0853-018). PREVIOUS COUNCIL ACTION Paving District N o . 35 (Navajo Street) was created by Ordinance 1 o . 17, Series of 1992, passed and adopted by City Council on April 20, 1992 . BACKGROUN D The Colorado Department of Transportation conti nues t',eir Santa Fe improvement project, which includes several Santa Fe access closures . Constructi n of Windermere Street will pro,~d e for the continuous frontage road behvcen Btlleview Avenue and Oxford Avenue . STAFF ANALYSIS This co ntract pre ,ides for the construction of the extensinn of Windermere Street to provide for a continuous frontage road on the east s ide of Santa Fe Drive (SH 85) from Bellevic N Avenue to Oxford Avenue . The Colorado Department of Transportation will provide construction engineering, A including field and office engineering, L'I.Specti on and material te!ting, traffic control, and W, the supervision of construction of this prtject. The City will accept the Windermere extension as a part of the City street system and will maintain it. FINANCIAL IMPACT The Colorado Department of Transportation has estimated the total cost of the project to be $3 ,300 ,000 . The City will remit its share to th e Colorado Department of Tr • ortation in a lump s um of 5500,000 upon completion of the prn1~tt. All costs of the projec~ tn excess of $500,000 will be borne by the Colorado Departwt·(lt of Transportation Future maintenance costs of the Windermere ex tension will be the responsibility of the City .