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O-2008-8
AN ORDINANCE
AUTHORIZING THE REDEVELOPMENT OF RAY ROSS PARK INCLUDING A SUPPLEMENTAL APPROPRIATION TO THE 2008 ANNUAL BUDGET AND THE TRANSFER OF SUPPLEMENTAL FUNDS FROM THE CONSERVATION TRUST FUND TO THE OPEN SPACE FUND, AND DECLARING AN EMERGENCY
WHEREAS, Article XII, Section 8 of the City Charter allows City Council to make supplemental appropriations by ordinance during the fiscal year for unanticipated revenues and expenditures required for the operation of the City using monies not anticipated in the adopted budget that have become available to the City; and
WHEREAS, the Department of Community Resources has received reimbursable grants from Jefferson County Open Space and Great Outdoors Colorado in an amount totaling $850,000 after the adoption of the 2008 budget; and
WHEREAS, by Invitation to Bid No. 2731 the City of Lakewood advertised for bids for the Ray Ross Park Redevelopment, and bids were opened on March 11, 2008; and
WHEREAS, the lowest responsible bidder has been determined to be ECI Site Construction Management, Inc., which has submitted its base bid in the amount of three million, seven hundred eighty-eight thousand, two hundred sixty-seven dollars and seventy-nine cents ($3,788,267.79) pursuant to City specifications and instruction, and the City desires to accept the bid of said bidder; and
WHEREAS, the City desires to accept several alternatives to the bid to the amount of Seven hundred ten thousand, three hundred thirty-one dollars and fifty-six cents ($710,331.56) to complete the park improvements; and
WHEREAS, the Conservation Trust Fund has un-appropriated funds available to assist in the completion of this project in the amount of $135,000; and
WHEREAS, the purchasing policies in the City of Lakewood Municipal Code Chapter 3.04.085 require the City Council's approval of Capital Improvement Projects with a cost of $500,000 or more; and
WHEREAS, the purchasing policies in the City of Lakewood Municipal Code Chapter 3.04.090 require the City Council's approval of any unbudgeted purchase, and any purchase with a change in funding source, that is over $50,000; and
WHEREAS, the City Council finds that the effect of any substantial delay in
commencing the project will have on the timing of completion warrants the immediate
passage of this Ordinance in order to protect the health, safety and welfare
of the residents of the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood,
Colorado, that:
SECTION 1. In accordance with Section 12.8 of the Lakewood Home Rule Charter, there is hereby appropriated from the Open Space Fund an amount not to exceed $850,000 using grant revenues for the redevelopment of Ray Ross Park.
SECTION 2. In accordance with Section 12.8 of the Lakewood Home Rule Charter, there is hereby appropriated from the Conservation Trust Fund reserves an amount not to exceed $135,000 to be transferred to the Open Space Fund for the redevelopment of Ray Ross Park.
SECTION 3. In accordance with Lakewood Municipal Code Chapter 3.04.085, the City Council hereby approves the Capital Improvement Project for the Redevelopment of Ray Ross Park at a cost not to exceed $5,000,000.
SECTION 4. In accordance with Lakewood Municipal Code Chapter 3.04.090, the City Council hereby approves the unbudgeted purchase and/or purchase with a change in funding source, at a cost not to exceed $5,000,000, as needed for the Ray Ross Redevelopment Project.
SECTION 5. The bid of three million, seven hundred eighty-eight thousand, two hundred sixty-seven dollars and seventy-nine cents ($3,788,267.79) for Base Bid items along with the Add Alternatives A, B, C, D, F, and G in the amount of Seven hundred ten thousand, three hundred thirty-one dollars and fifty-six cents ($710,331.56) for the Ray Ross Park Redevelopment as described in Invitation to Bid No. 2731 is hereby accepted according to specifications as delineated in the Invitation to Bid.
SECTION 6. The City Manager is hereby authorized to execute, and the City Clerk to attest, a contract with the said bidder in form approved by the City Attorney in the amount of four million, four hundred ninety-eight thousand, five hundred ninety-nine dollars and thirty-five cents ($4,498,599.35). The City Manager is hereby further authorized to execute, and the City Clerk to attest, if necessary, change orders to said contract, in form approved by the City Attorney, which shall not exceed, in the aggregate, five million dollars ($5,000,000).
SECTION 7. The City Treasurer is hereby authorized to make payment to ECI Site Construction Management, Inc., in accordance with the terms of said contract.
SECTION 8. This Ordinance is necessary for the immediate preservation of the
public peace, health and safety of the City of Lakewood because it is necessary
to hold the bid process and insure the project is completed in a timely manner.
SECTION 9. Emergency. This ordinance shall take effect upon the Mayor's signature.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 24th day of March, 2008; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 27th day of March, 2008; set for public hearing on the 14th day of April, 2008; read, finally passed and adopted by the City Council on the 14th day of April, 2008, and signed, and approved by the Mayor on the 15th day of April, 2008.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
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