HomeMy WebLinkAbout2014 Ordinance No. 042;
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ORDINANCENO. t./-J._
SERIES OF 2014
CONTRAC"I: NO, l07.,. 2b \'.\
BY AUTHORITY
COUNCIL BILL NO. 43
INTRODUCED BY COUNCIL
MEMBER MCCASLIN
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD
ENTITLED ENGLEWOOD BUS STOP IMPROVEMENT COOPERATIVE AGREEMENT .
WHEREAS, in July 2013 RTD issued a "call for applications" for small local governments to
submit funding requests to improve or repair transit facilities, i.e. repair bus pads, curb and
gutter, and sidewalks adjacent to bus stops; and
WHEREAS, the City of Englewood submitted an application request for $35,000 to repair bus
pads and associated curb and gutter at four locations: 1) Broadway at Chenango (sou!h,bound), 2)
Broadway at Chenango {northbound), 3) Downing at Hampden (northbound), and 4) Broadway
at Floyd (southbound); and
WHEREAS, in November 2013 RTD notified the City that the funding had been approved;
and
WHEREAS, the final IGA for $35,000 was delivered to Englewood in June 2014; and
WHEREAS, the IGA requires that all work for this project be completed by December 31,
2014;and
WHEREAS, due to the short timeframe to design, advertise, award, and construct this project
before winter the City desires to proceed as quickly as possible so as not to risk losing the grant
funding for this project; and
WHEREAS, no federal funds will be used for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood hereby authorizes an
intergovernmental agreement entitled "Englewood Bus Stop Improvement Cooperative
Agreement" attached hereto as Exhibit A.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Agreements on behalf of the City of Englewood.
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Introduced, read in full, and passed on first reading on the 21st day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25th day of
July, 2014.
Published as a Bill for an Ordinance on the City•s official website beginning on the 23rd day of
July, 2014 for thirty (30) days.
Read by title and passed on 6na1 reading on the 4 th day of August, 2014.
Published by title in the City's official newspaper as Ordinance No. ~eries of 2014, on
the 8th day of August, 2014.
Published by title on the City•s official website beginning on the 6th day of August, 2014 for
thirty (30) days. '~
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c:.. -~dy P. Penn, Mayor
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the -
above and foregoing is_,a }!,Ue copy of the Ordinance passed on final readin d published by
title as Ordinance No. -7£;-Series of 2014. -G
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• ENGLEWOOD BUS STOP IMPROVEMENT COOPERATIVE AGREEMENT
AGREEMENT made this __ day of ____ , 2014, by and between the City of
ENGLEWOOD, hereinafter referred to as "City", and the REGIONAL TRANSPORTATION
DISTRICT, a political subdivision of the State of Colorado, hereinafter referred to as "RTO."
W I T N E S S E T H:
WHEREAS, the City and RTD have determined a need for certain transit related
improvements, defined in Section One hereof as the "Project"; and
WHEREAS, the parties hereto desire to participate in certain funding, construction,
installation and maintenance duties concerning the Project as described herein; and
WHEREAS, the City is responsible for the management and control of certain property
upon which the Project will be constructed, such property as shown on the attached Exhibit A;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
SECTION ONE
THE PROJECT
The Project consists of improvements and repairs to transit stops located at Broadway @
Chenango !Southbound), Broadway @ Chenango !Northbound), Downing @ Hampden Ave.
!Northbound) and S. Broadway @ Floyd Ave. !Southbound).
RTD
SECTION TWO
RTD'S OBLIGATIONS
A. The RTD has reviewed the estimates as provided by the City and found them to be fair
and reasonable, see Exhibit A.
8. RTD shall inspect the completed Project and prepare a punch-list of any unsatisfactory
or incomplete Project work.
C. In the year that funds have been appropriated by the RTD Board of Directors, RTD will
provide funding for the cost of the Project construction in an amount not to exceed
thirty five thousand Dollars ($35,000), as its one-time cash contribution towards the
Project. RTD shall remit such funds to the City within sixty (60) days of receipt of
billing which may be submitted upon completion, final inspection and acceptance of
the project. RTD shall not be required to fund any part of the Project for which it has
given timely notice of disapproval.
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SECTION THREE
CITY OBLIGATIONS
A. The City will provide RTD with final Project plans, specifications and estimates no later
than 60 days prior to commencement of work on the Project Site.
B. The City will construct the Project no later than December 31, 2014. Construction
shall be in accordance with RTD details, specifications and COOT standards.
C. The City shall be responsible for all necessary permits and/or variances to build and
maintain the Project. The City or its agents shall be responsible to complete the
construction of the Project.
D. The City shall require any contractor to indemnify, defend and hold RTD harmless from
all third-party claims, costs or demands concerning or arising from the Project.
E. The City or its agent or contractor must obtain the following insurances and keep them
in force for the duration of the construction period, with the limits as indicated.
1. General Liability: $1,000.000.00 combined single limit per occurrence for
bodily injury, personal injury, and property damage. If a Commercial
General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
2 . Automobile Liability: $1,000,000.00 combined single limit per occurrence
for bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Statutory Workers'
Compensation limits, Employers Liability limits of $1,000,000.00 per
occurrence.
SECTION FOUR
NOTICE OF COMPLETION
The City shall give the RTD written notice of completion of the Project upon its
completion.
SECTION FIVE
PROHIBITED INTERESTS
No officer, member, or employee of the RTD, and no members of its governing body, and
no other public official or employee of the governing body of the locality or localities included
within the District, during his or her tenure or for one year thereafter, shall have any interest,
direct or indirect, in this Agreement, or the proceeds thereof.
RTD -2 -
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SECTION SIX
INDEPENDENT CONTRACTORS
It is expressly understood and agreed that the RTD and the City do not intend to act for or
in place of the other, and do not intend to be and shall not in any respect be deemed agents of
each other, but shall each be an independent entity.
SECTION SEVEN
NO THIRD PARTY BENEFICIARY
Nothing herein shall be construed as giving rise to any rights or benefits to any third-party.
The RTD and the City expressly disclaim any intent to create any third-party beneficiary status or
rights in any person or entity not a party to this agreement.
RTD
SECTION EIGHT
MISCELLANEOUS
A. Notices -Any notice to be given hereunder shall be deemed given when sent by
registered or certified mail to the addresses below:
RTD
James A. Stadler
Department of General Counsel
1600 Blake Street
Denver, CO 80202
CITY OF ENGLEWOOD
Dave Henderson
Deputy Public Works Director
1000 Englewood Pkwy.
Englewood, CO 80110
B. Severability -Should any provision of this agreement be declared invalid by any court
of competent jurisdiction, the remaining provisions hereof shall remain in full force and
effect regardless of such declaration.
C. Equal Employment Opportunity -In connection with the performance of this
Agreement, the City, or its agent, contractor or RTD shall not discriminate against any
employee or applicant for employment because of race, color, creed, national origin,
sex, age, or disability. The City or its agent, contractor and RTD shall take affirmative
action to insure that applicants are employed, and that employees are treated during
employment without regard to their race, color, creed, national origin, sex, or age.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. 1 12112, the City or it's agent, contractor and RTD will
comply with the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act", 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities.
D. Agreement Binding -This Agreement shall benefit and be binding upon the successors
and assigns of the parties hereto.
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E. laws to Apply -The Project shall be carried out in accordance with the laws of the A
State of Colorado and all applicable Federal laws & regulations . W
F. Amendment -This Agreement may not be amended except in writing by mutual
agreement of the parties, nor may rights be waived except by an instrument in writing
signed by the party charged with such waiver.
G. Any RTD or City financial obligation contained herein that may extend beyond the
applicable party's current fiscal year as of the date of execution hereof is subject to
budgeting and irrevocable appropriation by the governing body of such party, and shall
be of no effect without such budgeting and appropriation.
IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day
and date first above written.
APPROVED AS TO LEGAL FORM
FOR THE REGIONAL
TRANSPORTATION DISTRICT
By: -------------leg a I Counsel
ATTEST:
By:-----------
RTD
Loucrishia A. Ellis
City Clerk
REGIONAL TRANSPORTATION DISTRICT
By: --------------Phi Iii p A. Washington
General Manager
Regional Transportation District
CITY OF ENGLEWOOD:
By: --------------
Randy P. Penn
Title: -------------Mayor
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• EXHIBIT A
CONSTRUCTION COSTS 2013
SB Broadway al Chenango NB Broadway al Chenango 3490 S. Downing 3315 s. Broadway
Desaiplion of Hem Unit C4sl Per Unit QUANTITY Tolal Cost of Hem QUANTITY Tolal Cost alllem QUANTITY Tolal Cost al Item QUANTITY Tolal Cost al Ham
Remove Vertical Curb & Gullet' LF s1.n 45.00 S3411.65 25.00 SUM.25 49.3D S383.D6 46.5D S361.31
Remove walk SF S1.95 S0.00 134.60 S262.47 $0.00 $0.00
Remove Curbwalk LF S12.95 $0.00 SO.OD $0.00 SO.OD
Remove Mono LF $12.95 20.50 $265.48 29.90 $387.21 $0.00 $0.00
Remove Industrial Tv"" B LF $12.95 $0.00 SO.OD S0.00 $0.00
Remove 4' -wide V-Pan LF $12.95 SO.OD $0.00 $0.00 $0.00
Remove Concrete Crossn:1n SF $2.63 48.00 $126.24 135.00 $355.05 $0.00 $0.00
Remove Concrete Al...., Pavina SF $2.63 $0.00 SO.OD so.oo $0.00
Saw Concrete LF SZ.22 7.50 $16.65 20.DO $44.40 5.0D $11.10 5.00 S11 . 10
SawAsDhalt lF $2.22 72.00 S159.84 55.00 $122.10 58.50 $129.87 46.90 $104.12
Remove Asllhalt SF $1.95 72.00 S140.4D 55.00 S107.25 58.50 S114.08 188.90 S3B8.36
Vertical Curb & Gutlsf LF S15.58 65.50 S1020.49 55.00 S856.90 49.30 $766.09 46.50 S724.47
Slooe Back Verticle Curb & Gutter LF S17.84 SO.OD SO.OD SO.DO SO.OD
4" Concrete Walk SF $3.24 so.OD 134.60 $436.10 $0.00 SO.DO
6" COnaete Walk SF $4.80 SO.OD SO.OD S0.00 SO.OD
8" COnaete walk SF S&.47 SO.OD so.DO SO.OD SO.DO
4"CurbWalkl LF $20.72 SO.DO SO.OD SO.OD SO.DO
6" Curbwalk I LF S20.72 SD.OD SO.OD SO.OD $0.00
8" Curbwalk I LF S25.90 SD.00 SO.OD SO.DO SO.DO
4" Curbwalk II LF S28.12 SO.OD $0.00 $0.00 SO.DO
6" Curbwalk II LF $28.12 SD.DO $0.00 $0.00 SO.OD
e• Curbwalk U LF S33.31 $0.00 SD.OD SO.OD SO.DO
4"Mono LF $30.23 SO.DO 29.BO S903.88 $0.00 $0.00
&"Mono LF S30.23 SD.OD SO.DO S0.00 so.oo
B"Mono LF S35,37 20.50 $725.09 SO.DO SO.OD SD.DO
Construct lnduslrial Tv"" •e• LF S32.39 SO.OD SO.DO SO.OD SO.DO
4'-Wde V•Pan LF S1B.13 SO.OD SO.DO SO.OD SD.OD
Curb Ramn EA S595.00 $0.00 $0.00 SO.DO SO.DO
Construct Crossn11n SF S12.00 500.00 $BODO.DO 400.00 $4 800,.00 358.00 S4 296.00 143.00 S1 716.00
Concrete .o.u.u Pavina SF SB.47 SO.DO S0.00 SO.DO so.oo
Ashoalt Pat.ch TONS $111.03 1.76 $195.41 1.35 $149.89 1.40 $155.44 1.12 $124.35
Compacted Gravel Basec:ourse TONS SZ0.39 SO.OD SO.DO SO.OD $0.00
Construd Chase Section EA $1,285.00 SO.DO SO.OD SO.OD SO.DO
Construct Inlet EA S2,384.40 SO.DO so.DO SO.DO so.oo
Adiust Manhole EA S359.80 SO.OD SO.DO so.oo SO.DO
Remove Brick Pavers SF $1.95 S0.00 $0,00 S0.00 SO.OD
R.eolacement Tree EA $591.10 SO.OD SO.DO SO.DO SO.OD
Rem Tree & Stumps <=12" Dia EA S976.60 $0.00 SO.OD $0.00 SD.OD
Rem Tree & Slumos <=24" Dia EA S1 439.20 SO.DO $0.00 $0.00 $0.00
Rem Tree & Slumos <=36" Dia EA S1 696.20 SO.OD $0.00 SO.OD SO.OD
Rem Tree & Slumos <=48" Dia EA $1,953.20 SO.DO SO.DO SO.OD SD.DO
Rem Tree & Slumos ><18" Dia EA S1 516.32 SO.DO SO.OD SO.OD SO.DO
SUBTOTAL: $1999.24 S8.619.SO $5157.64 $3 409,70
30% contingency: $2,699.77 $2,585.86 $1,757.29 $1,022.!11
TOTAL: $11699.02 $11.205.35 S7 614.93 $4..4132.61
GRAND TOTAL: $34,951.91
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
July 21, 2014 Intergovernmental Agreement with
11 a i RTD for Transit Stop Improvements
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Deputy Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council Action.
RECOMMENDED ACTION
Staff recommends Council approve a Bill for an Ordinance to enter into an Agreement with the Regional
Transportation District (RTD) for improvements and repairs to four transit stops.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In July, 2013, the RTD issued a "call for applications" for small local governments to submit funding
requests to improve or repair transit facilities. Typically, these funds are used to repair bus pads, curb and
-gutter, and sidewalks adjacent to bus stops.
Staff submitted an application by the deadline in August, 2013. Our application requested $35,000 to
repair bus pads and associated curb and gutter at four (4) locations: 1) Broadway at Chenango
(southbound), 2) Broadway at Chenango (northbound), 3) Downing at Hampden (northbound), and
4) Broadway at Floyd (southbound). Needed repairs include removing and replacing the concrete bus pad
and curb and gutter, as well as necessary asphalt repairs.
RTD notified us in November, 2013 that our funding request was approved. RTD submitted a draft IGA in
May, 2014 and the final draft was delivered in June. No local matching funds are required for this project.
Staff believes the $35,000 will cover all costs associated with the project.
This Agreement requires we complete the project by the December 31, 2014. Typically, Public Works
discussed projects such as this with City Council at a Study Session prior to bringing forward at a regular
meeting. In this case, due to the delay in receiving the Agreement from RTD, our timeframe to design,
advertise, award, and construct the project (before winter) is very short. Staff desires to proceed as quickly
as possible so as not to risk losing grant funding for the project.
FINANCIAL IMPACT
The total estimated cost for the project is $35,000. RTD will reimburse the City for the total project cost,
not to exceed the $35,000 estimate.
LIST OF ATTACHMENTS
Bill for an Ordinance