HomeMy WebLinkAbout1994 Ordinance No. 016ORDINANCE NO .~
SE!UES OF 1994
BY AUTHORITY
COUNCIL BILL NO . 18
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AUTHORIZING A COOPERATIVE CONTRACT FOR THE DESIGN OF
BELLEVIEW AVENUE SIDEWALKS FUNDING FOR THE CITY OF ENGLEWOOD,
COLORADO AND COLORADO DEPARTMENT OF TRANSPORTATION.
WHEREAS, authority •xists in the law and funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains
ava ilable for payment of the design of Belleview Avenue sidewalks and the City of
Englewood costs in Fund Number 400, Organization Number 9991, Appropriation Code 010,
Pr ogram 2000, Function 3020, Object 2312 1 P, Reporting Category 6040, Contract
Encumbrance Number 104800 (00] Din the amount of$96,385.00; and
WHEREAS, required approval , clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A. Section 1007 (cl of the lntermodal Surface
Transportation Efficiency Act of 1991, certain Federal funds have been and will in the future
be , allocated for the "provision of facilities for pedestrians and bicycles, acquisition of
scenic easements and scenic or historic sites, scenic or historic highway programs ,
landscaping and other scenic beautification, historic preservation, rehabilitation and
operation of historic transportation buildings, structures or facilities (including historic
railroad facilities and canals), preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails), conb·ol and removal of outdoor
advertising, archaeological planning and r•search, and mitigation of water pollution due to
highway runoff."; and
WHEREAS, Federal-aid funds have been made available for a project, identified as
STE M395-0023 for preliminary engineering of sidewalks with handicap accessible curb
cuts along Belleview Avenue from Clarkson Street to Windermere Street in Englewood,
Colorado; and
WHEREAS, the City of Englewood has submitted initial design data (D .O.H. Form
463 ), dated February 17, 1994, to the State setting forth therein preliminary details,
inform ation and estimates of cost of this work, which data has been approved by the State;
a n d
WHEREAS, the matching ration for this Federal-aid project is 83% Federal-aid
funds to 17% City of Englewood funds, it being understood that such ratio applies only to such
costs as are eligible for Federal participation, it being further understood that all non -
partici pating costs are borne by the City of Engl ewood ai 100%; and
WHEREAS. the City of Englewood has estimated the total cost of the work and is
prepared to provide its share of th·e cost as evidenced by this ordinance which establishes the
City's authority to enter into such Contract; and
WHEREAS, the City of Englewood and the Colorado Department of Tra nsportation
agree upon the divi si on of respons ibilities with regard to th e project; and
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WHEREAS, the City of Enrlewood is adequately staffed and suitably equipped lo
undertake and uti1factorily complete portions of the work ; and
WHEREAS, the St.ate certifies that such work can be more advantageously performed
by the c;ty of Englewood ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~ The Contract with the Stale of Colorado Department of Transportation is hereby
accepted and approved by the Englewood City Council. The Mayor is authorized lo execute
and the City Clerk lo attest and seal the Contract for and on behall'ofthe City ofEnrlewood,
Colorado.
SJ:.c.t.i.iw..2. The Contract generally contains as follows :
I. STATE COMMJTMENTS :
A. The State will provid e liaison with the City of Englewood, Colorado through the
State"s Region Transportation Director, Region 6, located at 2000 South Holly
Street, Denver, Colorado 80222. The Transportation Director will also be
responsible for coordinating the State's activities under the Contract. The
Director will also issue a "Notice lo Proceed" lo the City of Englewood for
commencement of the work.
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B . The State will •dminister the City of Enrlewood and Federal-aid share of the
project charges followinr the State's review and approval of such ch.,...,s.
Charres incurrad by the City of Englewood prior lo the date ofFHWA
authorization for the project will not be charred lo the Projecl
11. THE GJTY OF ENGLEWOOD'S COMMJTMENTS:
A . Preliminary enei,neering, design services, preparation or construction plans,
special provisions and estimates in accordance with the State's Roadway and
Bridge Design Manuals and Standard Specifications for Road and Bridge
Construction. Said plans shall include details ofany required detours to prevent
any interference of the construction work and lo protect the traveling public. All
plans produced shall be stamped by a Colorado Registered Professional
Engineer.
B . The City will be respon si ble for the plans being accur ate and complete.
C. The City will be responsible to perform acquisition and relocation assistance for ,
the projecL
D. The City will prepare and submit to the State monthly charges for costs incurred
r elative lo the project. The City will prepnre project charges in accordanca with
the State's standard pol icies , procedures, and standardized billing format a s set
forth in the Contract. Charges incurred by the City prior to the date ofFHWA
authorization of the project will not be charged lo the proje ct.
E . The City shall maintain all books, documents, papers, accountinr records ant'
other evidence pertaining lo costs incurred and lo make such materials available
for insp•,~ion at all reaso,cable times during the contract period and for 3 years
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from the date o( final pa,;ment to the City. CopiH ol 1uch records shall be
fumilhed l,y the City i( requested.
111. GENERAL PB<lYl.fillliS
A. The City has e■timated the total cost o( the preliminary engineering o( aidewalks
with handicap acceuible curb cuts along Belleview Avenue from Clarkson Street
to Windermere Street in Enclewood, Colorado, hereinafter referred to aa "the
work" to be $96,385.00 which is to be funded aa follows:
1. Federal participating funds
(83% of$96,385.00) SS0,000.00
2. City of Englewood
participatin1t funds
(17% of$96,385 .00) $16,185.00
Total Funds $96,385.00
B . The matching ratio for this Federal-aid project is 83% Federal-aid funds to 17%
City of Englewood funds, it bei~sr understood that such ratio applies only to such
co sts as are eligible for Federal pa.-ticipation, it being further understood that all
non-participating cosU are borne b"/ the City of Englewood at 100%. The
performance of the work shall be at no cost to the Sta IL If the total actual cost of
performance of the work exceeds S~o,385.00, and additional Federal funds are
made available for the project, the City of Englewood shall pay 17% o( all such
costs eligible for Federal pa:-ticipa\ion and 100% of all non-participating costs. If
the total actual cost of perfor,nance of the work is less than $96,385.00, then the
amounts of the City of Engl ,wood 1111d Federal-aid funds will be decreased in
acoordance with the funding ratio c.escribed in the Contract.
C . The mromum amount payable to the c;,y of Englewood under the Contract shall
be $80,000.00 (100% of the Federal !'articipating Pnlimina!'y Engineering funds)
,.ml ·ss such amount is increa,;~d by a written supplemental contracL
D . It is understood and agreed by the parties of the Contract that the total cost of the
work stated in the Contract is the best estimate available based on the design data
as approved at the time of execution of the Contract, and that such cost is subject to
revisions agreeable to the p,., ties prior to oid and award.
E. The parties agree that the Contract is contingent upon all funds designated for the
project being made available from Federal and the City of Englewood sources .
Introduced , read in full , and passed on fi rst .-eading on the 18th day of April , 1994.
Published as a Bill for an Ordinance on the 21st day of April , 1994.
Re ad by title and passed on final readin g on the 2nd day of ~.fay, 1994.
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Published by tiUe aa Ordinance No)_(,, Serl11 of 1994,
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
th e above and foregoing is a true COl\lJ of the Ordinance passed on final readine and
published by title as Ordinance No .&, Series of 1994.
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Loucrishia A. Ellis