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Home My WebLink About1981 Ordinance No. 012• • • OR DINANCE NO. 12 SERIES OF 198 BY AUTHO RI TY COUNCIL BILL NO. 11 I NTRODUCED BY COUNCIL MEMBER BRADSHAW A ORD! ANCE AP P ROV ING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGI ONAL TRANSPORTATION DISTRICT APPROVING A GRANT UNDER THE REG I ON AL AID URBAN SYSTEM APPLICATIONS FOR MODIFICATION OF T HE NORTHEAST CURB RADIUS AT THE INTERSECTION OF ELATI STREET AND GIRARD AVEN UE. WHEREAS, the Ci ty of En g lewood made application to the Regional Tran sport ation Distri ct for construction improvements and repairs on Re g ional Transportation District bus routes; and WHEREAS , Regio nal Transportation District approved an application for improvements and repairs on Regional Trans- portation Dis tric t bus route s . NOW, THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO: Section 1. Th a t an agre ement between the City of Englewood an t e Regional Tra nsportat i on District, titled "Regional Transportation Di strict Regional Aid Urban Systems", which provides for t he implementation of transit-related road improve- ments and a t otal pro j ect cost o f $1,050,of which the Regional Transportation Di strict shall pay $900, for modification of the Northeast curb radius at the i ntersection of Elati Street and Girard Avenue within the City of Englewood, Colorado, with concrete curb a nd gutter with added strength, whereby City shall provide right-of-way, design construction and engineering ser- vices, obtain appraisals and permits, complete the same and obtain Regional Transportation District final inspection and written acceptance on or before December 31, 1981. Thereafter, City shall mai ntain the improveme nts and permit Regional T r ansportation District to us e the aforedescribed improvements without additional cost for a period of not less than five years, and in the event the City interrupts, eliminates or inter- feres with Re gion a l Transpor ta t i on District's use of said improvement, the City shall refu n d to the Regional Transportation District gra nt funds received , prorated over a five-year period of time, and whereby the City sha ll hold harmless Regional Transportation Distr i ct as a r esu lt of performance of the agree- ment by the Ci ty of Englewood i n that the City shall perform the contr act in c ompliance with a ll applicable laws. A copy of said agreement is attached he reto as Exhibit A . ,, J • • • Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood and the Director of Finance, ex officio City Clerk-Treasurer, to set their hands and seals to the foregoing-described instru- ment for and on behalf of the City Council of the City of Englewood. Introduced , read in full, and passed on first reading on the 5th day of January, 1981. Published as a Bill for an Ordinance on the 7th day of January, 1981 . Read by title and passed on final reading on the 19th day of January, 1981. Publi shed by title as Ordinance No. 1981, on the 21s t day of January, 1981 . Attest: ex 12 , Series of I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl ewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final read ing and published by title as Ordinance No. 12 , Series of 1981 . -2- REGIONAL TRANSPORTATION DISTRICT \ REGIONAL AID URBAN SYSTEM AGREEMENT A RffM~T made t l\1 1 __ day of --------' 1910, by and bet n THf CITY OP ENGLEWOOD, hereln&fter referred to as "Grantee," and t Rf AL TRAN SPORTATION DISTRICT, a polltlcal aubdlvislon of the State of Color.., herlinaftw referred to u "RTD." WITNESSETHa H!ll!AS, the Rm hu establllhed a Rqlonal Aid Urban SYttem ("RAUS") fund fot the purpoM of implementln& tranait-related roadway lmprovement11 and ~R!AS. the Grantee hu filed an 11PPllcation attached hereto marked !Jr.hi t A and incorporated by reference u lf fully aet forth herelns and WHU!AS, the Board of Dlrectora of the RTD hu approved the uae of RTD Joc:.l ~for the Proj ect deKribed in Exhlblt A1 and WHElll!AS. the partla hereto desire to implement capital improvements deJcrlbed herelft. 0 , THr.Jl!.FORE, in consideration of the mutual promisea contained herein, and for other pd and valuable conalderation, the receipt and sufficiency of ch are hereby acknowledced, the parties agree u follows: SECTION ONE PURPOSE The purpoee of thil Aareement is to usist the Grantee in implementin& the tr t -related road lmprovement(a) described below (herelnafter aometimea referred to u "the Pro ject"). The Grantee, ln tum, wlll carry out the Project ln cordance wlth the terms of this Agreement. I I nt .. ·.· ... SECTION TWO THE P ROJECT The Project consists of modificat ion of the northeast curb radius at the on o1 EJatl St r eet and Girar d Avenu e, as more particularly described in SECTION THREE THE GRANT The RTD wiU provide the Grantee the total cost of the project or l!ICiHT THOUSAND AND N0/100 DOLLARS ($1,000.00) whlchever is less. L Where the Grant• performs che Project work thro"Wh itl own work force, the RTD will provide the Grant funds on the basis of invoices recei ved and approved by the R TD for time and materla11 upended. b. Where the Grantee performs the Project work through a contractor, the RTD wlJI provide the Grant funds on the bu11 of the contr.ct award price a may be mocified by change ordera ..,.,roved by the RTD. c. Where the Project work ls part of a lar1er capital improvement, the RTD will provide the Grant funds on the bu11 of the unlt pricea bid u pen of sU<.'h lar&er contract and RTD approval of COltl for items whlch may not be identified in the lar&• contract. 2CTION FOUR l!LIGl&LE COSTS Costs ell&ible for reimburNment by the R TD under this grant Agreement are llmlted to the actual coat of desl&n and conatructlon of the approved Project, and the ect ual coat of the .cqulsitJon of real property for the approved Project. S!.CTION PIVJ! GRANTEE REQUIREMENTS a . The Grantee wiU prepwe any neceuary right-of -way or other real property .cqulsl tion instruments for the Proj t . ....... ,T"·:- b. The Grantee will provide desig n document review, construction inspec- tion, and engineering 1ervices for the Project. c. e rantee will obt In any requi re d apprala&Js, permits, and approvals and iU be responaible f« &JI citiz n review and public agency coordination. d. The Grantee wW maintain the completed Project. e . The Grantee will construct the Project through its own work force or It to be constructed through form.Uy adverti1ed, free, open, and c:ompetltlve b dding, and In accordance with IUCh additi onal term• and conditions u the RTD may r eq uire. t . To the extent the work to be performed under thl• Agreement ii performed by other ~ the employees of the Grantee or other Goverrvnental entity and the total cost of suc:h work is in excess of FIVE THOUSAND DOLLARS ($,,000.00) the Project Labor Agreement incorporated herein by reference shall apply. I• Reimbunement by RTD for eligible costs Is expreuly contingent upon completlon of the work to be performed under thl1 Agreement on or before December JI, 1911. Grantee shall obtain the RT011 final inlpec:tlon and written c:oncurrence 1n the acceptance of the completed project Improvement on or before December JI, 1911. SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's written approval of the final deaign, cost eltlmates of right-of-way °' other real property acquiaition, and cost estimates of the improvements to be constructed as part of this Project prior to the commence- ment of acquisition or construction. SECTION SE VEN CONTINUING TRANSPORTATION USE In c:ionalderation for this Grant, the Grantee shall permit the RTD free use of the im provements funded hereunder for transportation purposes for• period of not J than flve (') years from the date Nld Improvements are completed and made available for public use. In the e vent the Crantee interrupts, eliminates, or interferes with the RTD's UM of said Improvements, the Grantee lhall lmmedlately refund to the RTD the full amount of the Grant funds received hereunder, pro- rated over the live.year period. -l- .. , ....... l SECTION EIGHT FINAL INSPECTION The Grantee lhaJl obtain the R TD'• final Inspection and written concur e ce In the acceptance of completed Project lmprovementl. SECTION NINE HOLD HARMLESS -RTD NOT LIABLE Grantee, agrees to save and hold the RTO harm!eu from and agalnst &U 1uit1, clalm1, and dsmanda based upon any alleged damage to property or any alleged injury to peraona (including death) which may occur or be alleged to have occurred by or on account of any nqU1ent act or omission on the part of the aald Grantee, l tl aubcontr.ctora, or any of thelr servants, employees, or qents. The Grantee, at i tl own upenM, will aettle or •fend any claims or lltlaatlon arla!ng out of the performance of this Aareement. RTD lhal! not be Hable for any damqe to the Project lmprovementl throuCh t routine UM thereof u.U.11 caused by the negligence and/or omisa!on of RTD empJoy .... Sl!.CTI O N TEN T!RMIN ATION !att.r peny may cermlnate thb Agreement at any tlme by pving written notJce .-elf,.,. the date of termi nation, IUCh notice to be given not le11 than ninety (90) •1• I"' or to the date therein specified. In the event the Grantee dellr• to c an. -1 t s A&reement after RTD hu expended funds for design, but before CON1ruetlon hu Maun. Grantee shall reimburse the RTD for all design fundl expended by R TD . In the went the Grant .. dealr• to cancel thi1 Agreement after Project CONt ruc t on -.rlna the ini tial five U) yew period, lt may do so upon glvh• wrltt., notice to the RTO, apecif ylng the date of termination, auch notice to be gi ven not leM than nlnety (90) days prior to the date therein apecifled. A• a concltlon precedent to termination after Proj ect construction, the Grantee 1hall r e im burse the RTD for all Grant funds received under thls Agreement, pro-rated over said five-year period. SECTION ELl!.VEN PROHIBITED INTERESTS No officer, member, or employee of the RTO , and no members of itl governing body, and no other public offlclai or employee of the governing body of ·•- . I ~ ...... :; .. 1· •. '. •. .. l . " . . . . . - the loaJlty or Joc:allties included within the District, during his or her tenure or for on year the r after, sh&Jl have any interest, direct or indirect, ln this Agreem n t, or .... the proceeds thereof. SECTION TWELVE. MISCELLANEOUS 1. Notices. Any notice to be given hereunder shall be deemed given when sent by regi11ered or certified mail to the addresses hereJn contained of the party to be notified. 2. Equal implorment Opeortun1tr. In connection with the performance of thla A1reement, the Grantee shall not ciacrlmlnate against any employee or applicant for employment becauae of race, color, religion, sex, national origin, age, mar ta1 1tatu1, w,. hanfiapped, a ciaadvantaged person, or a dlaabled or Viet Nam era veteran. The Grantee lhall take affirmative action to insure that appl cants are employed, and that employee1 are treated during employment without regard to their race, color, rell&ion, sex, national origin, age, marital sutua, bein& handicapped, a claadvantaged person, or a claabled or Viet Nam era veteran. Such action shall include, but not be limited to, the followings em- ployment, upsraclng, demotion, or trans1er1 recruitment or recruitment advertislngJ layoU or termlnationi rates of pay or other forms of compensationJ and selection for training, inducing apprentlceahlp. J. A1reement Bin4n&• Thia Agreement shall Inure to the benefit of and be binding upon the succaaors and aulgns of the parties hereto. •• Laws to Ape ly. The Project shall be carried out ln accordance with the laws of the State of Colorado and ail applicable Federal laws & regulations. Amendment. Thi a Agreement may not be amended except in writing by mutual qreement of the parties, nor may ri ghts be waived except by an Instrument ln writ.in& signed by the party charged with such waiver. 1N ITNESS HEREOF, the parties have duly executed thla Agreement, eU tive the day and date first above written. APPROVED AS TO LEGAL FORM FOR THE RTD ATT~Ti &y ____________ _ REGIONAL TRANSPORTATION DISTRICT By E=-x-ec_u..,..t1.,..· v-e""'O""i,_.r_ec_t_o_r_an__,d'"'G .. en_er_il-.M,...anag--.. - GRAN TEE1 THE CITY OP ENGLEWOOD _,_ . I.· . • ~ 'i. ; • .. • EXHIBIT A REG IONAL J-\:O URBAN SYSTE M /~PPLI CATI ON (Please omr1lete and return by May 5 • 19 8 0 1. Submitting city, county, age ncy City of Englewood 2. Address ___ 3,..4;,o..O ........ o_..s ............ E ... l...,a ...... t .. i .... , ........ E ... n .... g~l ...,,e _.w .... o ..... a-d""'"'*"' __._c ... a....__ Phone No. 761-11 40 -·---- 3. Name of person RTD should contact regarding this project. .. Di rector of Engineeri ng Gary R . Diede Title Serui ces Phone No. 4 . Location of project and description of existing conditions. (Use one fonn for!!£!! project submitted. Drawings may be attached.) 761-1140.L Ext. 503 Project Location: __ N_;_•_;;;E;...•;..._C.;;..o=r.;;.;n;..;e;..;r~G=i.;;.r~a;..;;;r;..;d;;,_.;;;;;.n~d~E;..;:l;;..;.a;;;;.t=i-------------- Description : Exi sting vertical curb and gutter with adjacent 9. 5' walk is showing extreme deter ioration and failure is due to RTD cutting this corner short on ~his route. 5. Project Justifi~tion: Removal of part of the vertical curb and gutter and adjacent walk and replacement with new vertical curb and gutter with reinforced walk would correct this public hazard from further deterioration. • 6. Pr iority ranking of THIS projec;t among all proposals being submitted by your agency: four -----------------of ____________________ ___ 7. Local Participation (check appropriate s aces) A. Construction by ayency forces iJ to include: 1. Survey and Design kJ 2. Construction Staking kJ 3. Construction Inspection £] B. Construction by outside contractor( 1 ) D to include: 1. Survey and Design 0 2. Construction Documents 0 3. Staking 0 4 . Construction Inspection D C. Request RTD Parti cipation l;;J to incl ude: (Please specify) Actual construction cost by contract ~nglewood will provide necessary en9ineerin~ services. • ( 1) If project cost is $5,000 or over the "Project Labor Agreement" applies . (OVER) Rev. RTD f)294.11 /79 • • • 8 . Estimated Project Cost R.O.W. (2) Existing Design (3) All engineer services Construction Total Local Funding RTD Funding (2) Applicant prepares required easement or R.O.W. Acquisition. (3) Actual design costs only. When Completed Return to: RTD TSM Division 1325 South Colorado Boulevard Denver, Colorado 80222 $ $ $ $ $ $ Director of Engineering Services (Title) -o- 150.00 900.00 1,050.00 150.00 900.00 5-9-00 (Date)