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Home My WebLink About1999 Ordinance No. 066.... • • • ORDINANCE NO.~ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE AUTHORIZING THE "CONTRACT AMENDMENT #1" TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE CONSTRUCTION AND FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U .S. 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD . WHER~AS, the City Council of the City of Englewood passed Resolution No. 3, Series of 1996, which authorized the City to apply for Federal funds under the Intermodal Surface Transportation Efficiency Act (!STEA); and WHEREAS , in 199 7 the City initiated t h e South Broadway Corridor Action Plan; and WHEREAS, the City Council of the City of Englewood passed Ordinance No. 41 , Series of 1998 authorizing an Intergovernme ntal Contract between CDOT 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 passage of this Ordinance will amend the basic contract dated August 6 , 1998, in order to add the construction budget for the project described in the previously executed contract; and WHEREAS , this proposed Amendment provides for the Federal Participating Funds to be $2 ,980 ,000.00, the State Participating Funds to be $370 ,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 , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado , hereby authorizes the "Contract Amendment #1" to an intergovernmental agreement with the State of Colorado for the use and benefit of the Department of Transportation (CDOT) for the construction and funding of t he project to widen and create medians on Broadway between U .S. 285 and Yale Avenue in the City of Englewood, attached as "Exhibit A". Section 2. The May or is authorized to execute and the City Clerk to attest and seal the "Contract Amendment #1 " to the intergovernmental agreement with CDOT for and on behalf of the City of Englewood , Colorado . Introduced, read in full, and passed on first reading on the 1st day of November , 1999. -1- Published as a Bill for an Ordinance on the 5th day of November, 1999. Read by title and passed on final reading on the 15th day of November, 1999 . Published by title as Ordinance No.6.h_, Series of 1999, on the 19th day of November, 1999. {tJJI!:~~ I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop¥ ~f the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 1999. -2- ..... • • • ,, • • STU 2854-071 (11999 ) WIDENING BROADWAY: US 285 TO YALE A VENUE City of Englwood/R6 (JRI) CONTRACTA~IEND1\1ENT#l 00 HA6 00037 THIS ANIEND.MENT , is made this __ day of , 19_, by and between the State of Colorado for the use and benefit of the Department of Transportation hereinafter referred to as "the State" or "CDOT" and the CITY OF ENGLEWOOD , STATE OF COLORADO, 3400 South Elati Street, Englewood , CO 80110, FEIN: 846000583 hereinafter referred to as the contractor. FACTUAL RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code 010, Organization Number 9991 , Program 2000 , Function 3301 , Object 2312 lP , Phas e C , Reporting Category 6240, Contract Encumbrance Number 11999 , (Contract Encumbrance Amount: $3 , 173 ,750.00) . 2. Required approval , clearance, and coordination have been accomplished from and with appropriate agenc ies ; and 3. The partie s entered into a contract dated August 6 , 1998 , for the design project for widening Broadway at US 285 to Yale A venue, including new signalization of the 285 Broadway Ramps , modifications to two ramps and associated improvements , and reconstructing Broadway to accommodate raised medians from US 285 to Yale , more fully described in Exhibit A attached to the Basic Contract, Routing Number 98 HA6 01077. 4. The basic contract is still in effect and provides for changes to its terms and conditions by written supplemental contract; and 5. The parties now desire to amend the basic contract to add construction budget for the project described in th e pre viously executed contract, Routing Number 98 HA6 0 I 077 . 6 . This Amendment is entered into pursuant to the provisions of Sections 24 -3 0-1401 et seq., 43-1-106 , and 4 3-1-110, as amended . NOW THEREFORE, it is hereby agreed that • 1. Cons iderat ion for this Amendment to the Basic Contract dated Augu s t 6 , 1998 , Routing Number 9 8 HA 6 01077 , consists of the payments which s hall be made pursuant to this I!! x H I B I T A Amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this Amendment is supplemental to the Basic Contract, which is, by this reference, incorporated, and made a part hereof, and attached as Exhibit A, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply 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 following respects only: a. Section V.A., Project Funding Provisions, shall be amended as follows: V. PROJECT FUNDING PROVISIONS l. Paragraph A, of Section V of the basic contract shall be deleted and a new paragraph A shall be substituted which shall read as follows: A. The Local Agency has estimated the total cost of the work to be $3,729,767.00 , which is to be funded as follows: 1. BUDGETED FUNDS a) Federal Participating Funds (80% of $3,725 ,000.00) b). Local Agency Participating Share (10. l % of $3 ,725,000.00) c). Stace Participating Share (9.9% of $3,725,000.00-NOT TO EXCEED) d). Local Agency Non-participating funds TOTAL BUDGETED FUNDS $2,980,000.00 $ 375,000.00 $ 370,000.00 $ 4,767.00 $3,729,767.00 2. Paragraph B of Section V of the basic contract shall be deleted and a new paragraph B shall be substituted which shall read as follows: B. The matching ratio for the federal participating funds for this project is 80% federal-aid funds to 10 . l % Local Agency funds, and 9.9% state funds, it being understood that such ratio applies only to the $3,725,000.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total actual cost of performance of the Work exceeds $3,725,000.00, and additional federal funds are made available for the project. the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total actual cost of performance of the Work is less that $3,725 ,000 .00, then the amounts of Local Agency and State and federal-aid funds will be decreased in accordance with the funding ratio described herein. • • 3. The figure of $336,000.00 shall be deleted from Paragraph C of Section V of the • basic contract and the figure of $2,875 ,000.00 shall be substituted. , • • • 4. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or contradiction between the provisions 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 "Special Provisions" shall always be controlling over other provisions in the contractor amendments. The factual representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 5. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. 6. THIS AMENDMENT SHALL NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATE. - IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. STATE OF COLORADO BILL OWENS, GOVERNOR AITEST: By~~~~~~~~~~~ Chief Clerk Contractor: CITY OF ENGLEWOOD Title Mavor ATTORNEY GENERAL KEN SALAZAR BARRY B. RY AN Assistant Attorney General Civil Litigation Section Executive Director, Department of Transportation A ITEST (Seal) BY~~~~~~~~~~- 1.Ducrishia A. Ellis Title City Clerk APPROVALS ST A TE CONTROLLER ARTHURL. BARNHART ... • • • • • • rl" . Date November 1, 1999 INITIATED BY Department of Public Works COUNCIL COMMUNICATION Agenda Item 11 a i STAFF SOURCE Subject Intergovernmental Agreement with COOT for Construction of Broadway Widen i ng and Medians 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 lntermodal Suriace Transportation Efficiency Act (!STEA) on January 2 , 1996. • Ordinance No. 41 , Series 1998 approving and Intergovernmental Agreement with the Colorado Department of Transportation (COOT) regarding funding the design of this project. • Approval of a contract , by motion , with URS Greiner for design of the project. RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance to enter into an agreement with the Colorado Department of Transportation. The agreement covers financial commitments related to the construction of "South Broadway Widening and Medians". BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City applied for and received federal participat ing funds for the design and construction of this project. The project includes the installation of landscaped medians on South Broadway from Yale Ave. to Hwy. 285 . Details of the project were distributed to Council at the September 20 , 1999 study session. In June , 1998, Council approved an Intergovernmental Agreement with COOT to fund the design of this p roject. URS Greiner was selected as the design consultant and the design is in the final stages . This ordinance amends the COOT agreement to include construction of the project . Construction is scheduled to begin in February , 2000. FINANCIAL IMPACT The original Intergovernmental Agreement required the City to contribute a 20 % match to the 80% federal funding. COOT has agreed to contribute 9.9% (not to exceed $370 ,000 ) of the matching funds in exchange for the City accepting South Broadway (Hwy. 285 to our South City Limits) as a local street and removing the roadway from the State Highway system. In addition to the matching funds committed by COOT, the state will pay a one-time cash payment of $130 ,000 . An Intergovernmental Agreement regarding the abandonment of the state highway will be brought to Council in the near future . The total estimated project cost including design and construction administration is $3 ,729 ,767 .00 . Englewood is responsible for 100% of the costs over $3 ,725 ,000. Detailed below is the cost sharing agreement: • Federal Funds State Matching Funds City of Englewood Matching Funds City Overmatch (non-participating) Funds Total 80 % 9.9 % 10 .1% $2 ,980 ,000 370 ,000 375 ,000 4 767 $3 ,729 ,767 Adequate funds are available in the Public Improvement Fund , account 03-36 . LIST OF ATTACHMENTS Proposed Bill for an Ordinance Intergovernmental agreement • •