HomeMy WebLinkAbout1997 Ordinance No. 010J.
ORDINANCE NO ./ 0
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO . 7
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE MEDIAN OF STATE HIGHWAY 285 , BETWEEN THE
COLORADO DEPARTMENT OF TRANSPORTATION (CDOT ) AND THE CITY
OF ENGLEWOOD , COLORADO .
WHEREAS, federal aid safety funds have been made available for the
engineering and construction of a raised median on State Highway 285 from Jason
Street to Cherokee Street; and
WHEREAS, at the City of Englewood's request, the project includes widening the
intersection of State Highway 285 and Jason Street to provide a dedicated right turn
lane onto Jason Street; and
WHEREAS , the City of Englewood's contribution of $20,000 , will specifically
support costs for widening this intersection; and
WHEREAS , the City's contribution has been funded by previous Council action;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
S e ction 1. The Intergovernmental Agreement between the Colorado Department of
Transportation (CDOT ) and the City of Englewood, Colorado , attached hereto as
"Exhibit A," is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Intergovernmental Agreement for and on behalf of the City of Englewood ,
Colorado .
Introduced, read in full , and pas sed on first reading on the 20th day of January,
1997 .
Published as a Bill for an Ordinance on the 23rd day of January, 1997 .
Read by title and passed on final reading on the 3rd day of F e bruary, 1997 .
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Published by title as Ordinance No. /.Q, Series of 1997, on the 6th day of
February, 1997.
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No. !fl, Series of 97.
Loucrishia A. Ellis
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SHE 2854-057 (10301)
MEDIAN SH 285
W. OF JASON TO CHEROKEE
Englewood/Region 6 (TDR)
Routing No. 97 HA6 01027
CONTRACT
THIS CONTRACT, made this __ day of ____ _; 1997, by and between
the State of Colorado for the use and benefit of Tiffi COLORADO DEF ARTivfENT OF
IT-.ANSPORTATION, hereinafter referred to as the State or CDOT, and the CITY OF
ENGLEWOOD, 3400 South Elati Street, Englewood, CO 80110, FEIN: 846000583,
hereinafter referred to as the Local Agency or the City,
WHEREAS, authority exists in the law and funds have been budgeted, appropri-
ated and othen·vise made available and a sufficient unencumbered balance thereof
remains available for payment of project and Lccal Agency costs in Fund Nliffiber 400,
Appropriation Code 010, Contract Encumbrance Number 10301, (Contract Encumbrance
Amount: $0.00); and
Vv'HEREAS, l'equireq. approval, clearance and coordination has been accomplished
from and with appropriate agencies; and
v\THEREAS, pursuant to Title I, Part A, Section 1007 of the Intermodal Surface
Transportation Efficiency Act of 1991, and 23 C. F. R. as amended, certain Federal funds
have been, and will in the future be, allocated for projects eligible under the Surface
Trunsportation Program for elimination of hazards, hereinafter referred to as "the
program"; and
WHEREAS, federal-aid safety funds have been made available under the program
in project SHE 2854-057 for the engineering and construction of a raised median on SH
285 from the west of Jason Street to Cherokee Street in the City of Englewood, Colorado,
hereinafter referred to as "the Work"; and
WI-IEREAS, the matching ratio for this federal-aid project is 90% federal-aid funds
to 10% State funds, it being understood that such ratio applies only to such costs as are
eligible for federal participation; and
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WHEREAS, in connection with this federal-aid project, the City of Englewood
desires that the intersection of SH 285 and Jason Street be widened; and
WHEREAS, the State and the City consider it to be in their mutual interest to
cooperate in this project; and
WHEREAS, the State and the City desire to set forth their respective obligations
and responsibilities with respect to the funding of the work, including the additional
intersection widening desired by the City; and
WHEREAS, the City is prepared to provide a iump sum contribution of $20,000.00
to the project for the intersection widening it desires within 30 days of the execution of
this conu·act, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the City, a copy of which is attached hereto
and made a part hereof; and
'WHEREAS, said ordinance or resolution also establishes foe authority under
which the City enters into this contract; and
WHEREAS , this contract is executed by lhe State under authority of Sections 24-
16-101 et seq., 24-92-101 , et seq., 29-1-203 , 43-1-110 , 43-1-116, 43-2-101(4)(c) and 43-2-144,
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C.R.S ., as amended.
NOW, THEREFORE, it is hereby agreed that:
I. PROTECT DESCRIPTION
"The project" or "the Work" under this contract shall consist of engineering and
construction of a raised median from west of Jason Strcrt to Cherokee Street in
t11e City of Englewood, Colorado, and shall include widening of the intersection
of SH 285 and Jason Street. The specific portion of the project to which t.1Le City
of Englewood is contributing is the widening of the aforementioned intersection
at SH 285 and Jason Street.
II. PROfECT FUNDING PROVISIONS
A . The total cost the Work is estimated to be $425,399.00 which is to be
funded as follows:
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a.
b.
c.
d.
Federal participating funds:
(90% of $392,749.00)
State participating share:
(10% of $392,749.00)
State non-participating
share:
Local Agency lump
sum contribution:
Total Funds:
$353,456.00
$39,273.00
$12,670.00
$2 0,000 .00
$42.~,456.00
B. The City shall convey its lump sum contribution of $20 ,000 .00 to CDOT
withir1 30 da ys of the execution of this contrac t.
C. The City's $20,000 .0 0 contribution to the Wor k shall be used b y CDOT for
widening the intersection at SH 285 and Jason Street.
D. Unless the aforemen ti on ed intersection wide!lh-ig is eliminated from the
Work L.i-.e City's contribution of $20,000.00 shall be completeiy non-
refundable.
E. The City shall not be responsib le for ar~y additional fundi..'lg fo r the
aforementioned intersection wideci...'lg . If li.,_e cost of the intersection
widening exceeds $20 ,000.00 CDOT will cover any cost overru.ru:;.
F. The parties hereto agree that this contract is contingent upon all funds
designated for the project herein being made available from federal, State
and Local Agency sources. Shouid these sources, either fedcrai or Local
Agency, fail to provide necessary funds as agreed upon herein, the contract
may be terminated by either party, provided that any party terminating its
interest and obligations herein shall not be relieved of any obligations
which existed prior to the effective date of such termination or which. may
occur as a result of such termination.
Ill STATE COMMTIMENTS
A. The State will provide liaison with the Local Agency through the State's
Region 6 Transportation Director, 2000 South Holly Street, Denver, CO
80222, 303-757-9251. Said region Transportation Director will also be
responsible for coordinating the State's activities under this contract.
B. The State will use the funds contributed by the City for the widening of
the intersection of SH 285 and Jason Street and subject to fulfilling this
commitment the State shall have no obligation to refund or repay to the
City any pmf.on of the City's $20,000.00 contribution to the project.
C. Plans and specifications for the Work, including the intersection widening,
shall be the responsibility of CDOT.
IV. LOCAL AGENCY COM1v1IThIENTS
A. The City shall contribute $20,000.00 in lump sum to CDOT within 30 days
of the execution of this contract.
V. GENERAL PROV1SIONS
A. The term of this contract shall begin on the date of the State Controller
approval (the "effecti"t.Te date"), as evidenced by t.1>.e date first written abo"t.re,
and shall continue t.1traugh the campietion of t:.1-.te Y\/ork and fir1al
acceptance by CDOT.
B. The terms and conditions of this agreement shall be binding upon the
parties unless modified by a written amendment or written supplement
executed by the parties hereto .
C. This contract shall inure to the benefit of and be binding upon the parties,
their successors, and assigns.
D . This contract is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition,
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deletion, or other amendment hereto shall have any force or effect unless
embodied in a written supplemental contract executed and approved
pursuant to the State Fiscal Rules.
E. To the extent that this contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the
contract, the terms of this contract are severable, and should any term or
provision hereof be declareu invalid or become inoperative for any reason,
such invalidity or failure shall not affect t."le validity of any other term or
provision herc:of. The waiver of any breach of a term hereof shall not bz
construed as a waiver of any other term, or the same term upon
subsequent breach.
F. 'Ibis contract i.s subjec t to such modifications as may be requ ired b y
changes in federal or State law, or their implementing regulatio~. Any
such required modific a tion shall automatically be incorporated into and be
part of this contrac t on the effective date of such change as if fully set forth
herein. Except as ma y be prov ided above , no modification of this contract
shall be effective unless agreed to in writing by both parties in an
amendment to tbis contra.ct that is properly executed and approv ed ht
accordance 1Nit.1:. appli cab le iaw .
G. It l·s expr.Pc:c:h · ,,,.,r1or-... 0<o...J ar,.,d an-reed .. t...;::i;.. .,,,.,.:r1rc 0 ment of the ter.,.,..,c: arm-1 " ..... _._. •. / -.. --... .::l-\...:. .. 5i Ut-~ --!..!.~ ... ._...... .!..... ... .:..J.~ ·-
conditions of this contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the Locnl Agency and the State,
and not.11i.i.1g contained in this contract shall give or allow any suu.11 claim
or right of action by any other or third person on such contract. It is the
express intention of the Local Agency and the State that any person other
than the local Agency or the State receiving services or benefits under this
contract shall be deemed to be an incidental beneficiary orJy.
H. This contract may be terminated as follows:
(1) Termination for Cause . If, Uu·ough an y cause, foe City fails to fulfill in a
timely and proper manner all obligations unJ.er this contract, or if the City
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violates any of the covenants, agreements, or stipulations of this contract,
CDOT shall thereupon have the right to terminate this contract for cause
by giving written notice to the City of such termination and specifying the
effective date thereof, at least five days before the effective date of such
termination.
(2) Termination for Convenience. If CDOT determines that it no longer serves
the Stai:e's interest to perform the work it may upon 30-day written notice
to tb.e Local Agency to cancel this contract. CDOT shall effect such
terminJ.rion hy giving written n(')ticc of termination to the Lcx;il Agency
and specifyL."Lg the effective date t.~ereof, at least 30 days before the
effective date of suw.11 termination. In that event, COOT shall re f und to the
Ci ty its funding contribution.
(3) Termination Due to Loss of Funding. The parties hereto expressly
recognize that this project is co ntingent upon the funding contri butions to
be made by each of the parties to t.1Lis contract. In the event that such
fLmds o r any part thereof are not made available for the work, CDUT ma y
im.mediatciv terminate or amend this contract. ,
I. Each party represe:nts and warrants t.1tat it has taken all actions that are necessary
or that are required by its procedures, byla'NS, or applicable la~.v , to legall y
authorize the ur1ders i gned signatory to execute t..his contract on behalf of the party
and to bind the party to its terms. The person(s) executing this contract on behalf
of the Local Agency warrant that they have full authorization to execute thi:;
contract.
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IN WTINESS WHEREOF, the parties hereto have executed this contract the
day and year first above written.
ATfEST:
By __ ·---··-
Chief Clerk
ATIEST: (SEAL)
By ______ _
Title _____ _
STATE OF COLORADO
ROY ROMER, GOVERNOR
By_.·-
Executive Director
DEPARTMENT OF TR/\NSPORTA'110N
CITY OF ENGLEWOOD, COLORADO
Title ________ _
Federal Employer Identifa:ation
~umber: 846000583
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Date
Jan uary 20 , 1997
INITIATED BY
COUNCIL COMMUNICATION
Agenda Item
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STAFF SOURCE
Subject
Intergovernmental Agreement with
COOT for SH 285 Median Project
from Jason to Cherokee
Department of Publ ic Works Charles Esterly , D irector of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
To utilize inter-governmental cooperation on projects to benefit all parties .
RECOMMENDED ACTION
Staff recommends passing a bill for an ord inance approving an intergovernmental agreement with the Colorado
Department of Transportation (COOT) to partic ipate in the cost for construction of the SH 285 median project.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Pursuant to the Surface Transportation Program for elimination of hazards , federal aid safety funds have been
made available for the engineeri ng and construction of a raised median on SH 285 from Jason St. to Cherokee St.
At the request of Englewood , the project includes widening the intersection of SH 285 and Jason St. to provide a
dedicated right turn lane in to Jason St The City of Englewood 's contribution will specifically support costs for
widen ing th is intersection .
This project constructs the medians. Landscaping the medians has been funded by previous Council action .
FINANCIAL IMPACT
The total cost of the project will be funded as follows :
Federal participating funds
State participating share
State non -participating share
Local agency lump sum contribution
Estimated total project cost
$353 ,456.00
39 ,273 .00
12,670.00
20 ,000 .00
$425 ,399 .00
The City 's share of $20 ,000 .00 is available in the PIF under funding previously appropriated for th is project.
LIST OF ATTACHMENTS
Bill for an Ordinance
Intergovernmental Agreement with COOT