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HomeMy WebLinkAbout2020 Ordinance No. 007BY AUTHORITY ORDINANCE NO.7 SERIES OF 2020 COUNCIL BILL NO. 07 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD REGARDING A US-85 PLANNING AND ENVIRONMENTAL LINKAGE STUDY ON US-85, BETWEEN C-470 AND I-25/ALAMEDA, AND PROVIDING FOR LOCAL FUNDING TOWARD THE PROJECT. WHEREAS, Colorado Revised Statutes (C.R.S.) Sections 43-2-102 and 103, require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and C.R.S. 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; WHEREAS, the State, and the City of Englewood in its role as local entity/local agency, have agreed that a focused Planning and Environmental Linkage Study (PEL) is the correct next choice for assessing the needs of US 85, as funding for improvements to the corridor has yet to be identified, the existence of problems or concerns with the corridor have been identified, and a focused PEL will complete the evaluation/recommendation for a part of US 85 that is currently missing from two other studies (US 85 south of C-470 to I-25/Alameda); WHEREAS, The City of Englewood, in its role as Local Agency, is prepared to provide the funding for the Project, as evidenced by this ordinance when duly passed and adopted by the City Council, which expressly authorizes the City of Englewood to enter into an Agreement for and to expend its funds for Contribution to this project; WHEREAS, The City's portion of costs under this agreement are $61,800.00; WHEREAS, The passage of this Ordinance will authorize the City of Englewood and the Colorado Department of Transportation (CDOT) to enter into the attached agreement and proceed with this project. 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 Director of Public Works to enter into an agreement with the Colorado Department of Transportation for a US-85 Planning and Environmental Linkage Study on US-85, between C-470 and I-25/Alameda, and providing for $61,800.00 in funding toward the project, as more fully described within the contract attached hereto as Exhibit A. Section 2. The funds for the US-85 Planning and Environmental Linkage Study on US-85, between C-470 and 1-25JAlameda are as budgeted annually in the Department of Public Works. Introduced, read in full, and passed on first reading on the 18'h day of February, 2020. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20d' day of February, 2020. Published as a Bill for an Ordinance on the City's official website beginning on the 191h day of February, 2020. Read by Title and passed on final reading on the 2nd day of March, 2020. Published by Title in the City's official newspaper as Ordinance No. 7, Series of 2020, on the 5th day of March, 2020 Published by title on the City's official website beginning on the 4th day of March, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, ATTEST: St nie Carlile, City Clerk 1, Stephanie Carlile, 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. 7, Series of 2020. tephanie Carlile PO #: 471001549 Routing #: 20-HAI-ZH-03088 (Local $CDOTWRK) PROJECT: 0852-117 (23143) CONTRACT REGION: 1 (DZ) THIS CONTRACT, executed this _ day of by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation ("State" or "CDOT") and CITY OF ENGLEWOOD, 1000 Englewood Parkway. 3rd Floor, Englewood, Colorado, 80110-2373, CDOT Vendor M 0002000021 ("Local Agency"), and the State and the Local Agency together shall be referred to as the "Parties." RECITALS 1. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.. 2. Section 43-2-102 and 103, C.R.S require the State to maintain state highways (including where such highways extend through a city or an incorporated town), and 43-2-135 describes certain specific responsibilities of the State and affected local entities (respectively) with respect to state highways that are also part of a local street system; 3. The Local Agency has estimated the contribution and is prepared to provide the funding required for their contribution toward the Project, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this agreement and to expend its funds for the Contribution 4. The Local Agency has funds available and desires to provide $61,800.00 in funding for the Work. 5. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 6. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The work under this Contract shall consist of the US-85 Planning and Environmental Linkage study on US-85, between C-470 and I-25/Alameda, and the Local Agency shall provide their Contribution toward the Project, in Englewood, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This Contract 2. Exhibit A (Scope of Work) 3. Other Exhibits in descending order of their attachment. Section 3. Term This agreement shall be effective upon approval of the CDOT Chief Engineer or designee. The term of this agreement shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency, or June 30, 2025, whichever occurs sooner. Section 4. Project Funding Provisions Document Builder Generated Page 1 of Rev. 12/09/2016 PO #: 471001549 Routing #: 20-HAI-ZH-03088 A. The Local Agency has estimated the total cost of the Contribution and is prepared to provide its funding, as evidenced by an the signing of this Contract, which expressly authorizes the Local Agency the authority to expend its Contribution toward the Project. B. The contribution is estimated to be $61,800.00. C. The maximum amount payable by the Local Agency under this contract shall be $61,800.00 unless such amount is increased by an appropriate written modification to this contract executed by the Parties hereto before any increased cost is incurred D The Parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources 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.. Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this agreement. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: I. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Section 6. State and Local Agency Commitments The Scope of Work (Exhibit A) describes the work to be performed. A. Design [if applicable] 1. If the work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the State shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. Document Builder Generated Page 2 of 7 Rev. 12/09/2016 PO #: 471001549 Routing #: 20-HAI-ZH-03088 B. Construction [if applicable] 1. If the work includes construction, the State shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work (Exhibit A). Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement. 2. Subject to Section 5, if the State is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAPE), to perform that administration. The SAPE shall administer the project in accordance with this agreement, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will award the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awarding the bid for the construction of a federal -aid project, the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare its concurrence or non -concurrence within 3 working days after said bids are publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the work under this project if no additional federal -aid funds viill be made available for the project. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 7. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the State will certify in writing that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and Procedural Directives. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges); • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Document Builder Generated Page 3 of 7 Rev. 12/09/2016 PO #: 471001549 Routing #: 20-HAI-ZH-03088 Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Manual. The manual is located at http://www.coloradodot.infolbusiness/manuals/right-of-way. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains title. Section 8. Utilities If necessary, the State will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the responsible party will certify in writing that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company's facilities whereby the work is to be accomplished by railroad company forces, the State shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The State shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart 13, concerning federal -aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 10. Environmental Obligations The State shall perform all work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this agreement at its own cost and expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations. The State and FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this agreement. The State shall maintain such records for a period of three (3) years after the date of termination of this agreement or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This agreement may be terminated as follows: A. Termination for Convenience. The State may terminate this agreement at any time the State determines that the purposes of the distribution of moneys under the agreement would no longer be served by completion of the Document Builder Generated Page 4 of 7 Rev. 12/09/2016 PO #: 471001549 Routing #: 20-HA]-ZH-03088 project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the State shall thereupon have the right to terminate this agreement for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this agreement shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the agreement by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the agreement had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this agreement and to bind the Local Agency to its terms. The person(s) executing this agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this agreement. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2829 W Howard PI, 2nd Floor, Denver, CO 80204. Said Region Director will also be responsible for coordinating the State's activities under this agreement and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: Steve Sherman CDOT Region 1 2829 W Howard PI, 2nd Floor Denver, Colorado 80204 303-512-5986 steve.sherman@state.co.us Section 16. Successors If to the Local Agency: Maria D'Andrea CITY OF ENGLEWOOD 1000 Englewood Parkway. 3rd Floor Englewood, Colorado 80110-2373 303-762-2500 mdandrea@englewoodco.gov Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Document Builder Generated Page 5 of 7 Rev. 12/09/2016 PO #: 471001549 Routing #: 20-HAI-ZH-03088 Section 18. Governmental Immunity Notwithstanding any other provision of this agreement to the contrary, no term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This agreement 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, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 22. Survival of Agreement Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the agreement shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law. Section 24. Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the agreement in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Document Builder Generated Page 6 of 7 Rev. 12/09/2016 O N: 471001549 Routing »: 20-HA I -ZH-03088 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF ENGLEWOOD Jared S. Polls, GOVERNOR Colorado Department of Transportation By: Title: By Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director / *Signature �/� Date: � /Z / Date: 2nd The Local Agency Signature (if Needed] By: Title: *Signature Date: Document Builder Generated Rev. 12/09/2016 Exhibit A Scope of Work 0852-117 23143 LIS85 (Santa Fe) PEL Study, C470 to 1-25/Alameda Work to be performed by Colorado Department of Transportation (CDOT): The proposed project on the US 85 Corridor would be a focused Planning and Environmental Linkage Study. The PEL is the correct choice as funding for the corridor has yet to be identified, most problems or concerns have been identified, it completes the evaluation/recommendation of a missing piece of US 85 between two studies (US 85 south of C-470 and Central 1-25). The study would focus on the issues identified to date by various stakeholders along the corridor (Arapahoe County, Douglas County, City of Littleton, City of Englewood, City of Sheridan, and City & County of Denver) and develop alternatives to address such issues. The study will be the first step in establishing a vision for improvements, operations, and changes within the corridor and will prioritize such for further evaluation, level of NEPA action required, design, and implementation. Another goal would be for consideration of the results/recommendations to be included in various plans (ie DRCOG 2050 Plan, Freight Plan, etc.). The project specifically, would include the following in scope: Project Management and Continuing Requirements Establish Project Team, Technical Committee, Policy Committee and set meetings --Public Involvement Existing Conditions Evaluation (geometrics, crashes, travel demands, traffic ops, structures, drainage/floodplains, bike/ped, etc) Base Mapping, Property ownership --Environmental overview --Purpose and Need and Identifying goals for the Corridor Alternative Development --Screen Alternatives (3 levels likely, Qualitative and Quantitative) --Test Alternatives ----Conceptual design layouts ----Financial Analysis (estimate costs and potential funding packages) Alternative(s) Recommendations with report along with prioritization / phasing of improvements Produce PEL Report Answer FHWA 21 PEL Questions Work to be performed by CITY OF ENGLEWOOD: In order to advance this project, CITY OF ENGLEWOOD agrees to contribute partial funding of the Study. Exhibit A Exhibit B LOCAL AGENCY RESOLUTION OR ORDINANCE Exhibit B