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HomeMy WebLinkAbout1981 Ordinance No. 013• I • • • • • ORDINANCE NO. 13 SERIES OF 198 1 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT APPROVING A GRANT UNDER THE REGIONAL AID URBAN SYSTEM APPLICATIONS FOR I STALLATION OF CONCRETE BUS PAD ALO NG SOUTH SIDE OF 100 AND 200 BLOCK OF WEST FLOYD AVENUE. WHEREAS, the City of Englewood made application to the Re ional Transportation District for construction improvements and repairs on Regional Transportation District bus routes; and WHEREAS , Regional Transportation District approved an application for improvements and repairs on Regional Transporta- tion District bus routes. NOW, THERE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Se ction 1. That an agreement between the City of Englewood and the Region al Tran sportation District, titled "Regional Transportation District Regional Aid Urban Systems", which provides for the implementation of transit-related road improve- ments and a to tal project cost of $20,600, of which the Regional Transportation District shall pay $18,700, for replacing exist- ing vertical curb and gutter on the south side of the 100 and 200 Blocks of West Floyd Avenue within the City of Englewood, Colorado, with a 5-foot wide concrete curb and gutter with added strength , whereby City shall provide right-of-way, design construction and engineering services, 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 maintain the improve- ments and permit Regional Tran sportation District's use of the aforedescribed improvements without additional cost for a period of not less than five years, and , in the event the City interrupts, eliminates or interferes with Regional Transportation District's use of said improvement, the City shall refund to Regional Transportation District grant funds received prorated over a five-year period of time, and whereby the City shall hold harm- less Regional Transportation Dis trict as a result of performance of the agreement by the City of Englewood in that the City shall perform the contract in compliance with all applicable laws . A copy of said agreement is attached hereto as Exhibit A • Section 2. That the City Council of the City of Englewood, Co orado, he r eby a uthoriz es the Mayor of the City of Englewood and the Director of Finance, ex officio City Clerk-Treasurer, to set their hands and se al s to the foregoing-d e scribed instrument for and on be half of the City Council of the City of Englewood. Introduced, read in full, and passed on first reading o t he 5 t h day of January, 1981. Published as a Bill for an Ordinance on the 7th day o f. .T d uary , 1981 . Read by title and passed on final reading on the 19th day of January, 1981. Pub lished by title as Ordinance No. 1981, on the 21st day of January, 1981. Attest: ex 13 , Series of I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 13 , Series of 1981. -2- . I • .I .. REGIONAL TRANSPORTATION DISTRICT REGI ONA L AID URBAN SYSTEM AGREEMENT AGREEMENT made this day of , 1910, by and between THf CITY OF ENGLEWOOD, hereinafter referred to u "Grantee," and the Rl!GIONAL TRANSPORTATION DISTRICT, a political aubdivilion of the State of Colorado, herelnafter referred to u "RTD." WITNESSETH1 WHl!.R!AS, the RTD hu established a Regional Aid Urban System ("RAUS") fund for the purpa.e of lmplementlng transit-related roadway lmprovemenu, and WHER!AS, the Grantee hu filed an application attached hereto marked !.xhlbit A and incorporated by reference u if fully set forth herel"I and H!REAS, the Board of Directors of the RTD hu approved the use of RTD local funds for the Project described ln !xhlbit AJ and WHEREAS, the parties hereto desire to Implement capital lmprovementa described herein. NO , THEREFORE, in c:onalderatlon of the mutual promises contained her n, and for other good and valuable consideration, the receipt and 1uffidency of ch are hereby acknowledged, the parties agree as follows: SECTION ONE PURPOSE The purpoM of this Agreement is to uliat the Grantee In implementing the transit-related road improvement(s) descri bed below (hereinafter aometlmes referred to u "the Project"). The Grantee, in tum, will carry out the Project ln IC<:ordance wlth the terms of this Agreement. :... .. . . ( ---'"'--: --~ .-,.··1 --. SECTION TW O THE PROJECT The Project consbu of conatructlon of a concrete but pad on the south side of Floyd Avenue, u more particularly described in Exhibit A attached hereto. SECTION THREI! THE GRANT The RTD will provide the Grantee the tot&l cost of the project or EIGHTEEN THOUSAND SEVEN HUNDRED AND N0/100 DOLLARS ($11,700.00) whichever is Jess . .. Where the Grantee performs the Project work through itl own work force, the RTD wlll provi de the Grant funds on the buls of lnvoic• received and approved by the RTD for time and materials expended. b. Where the Grantee performs the Project work throuah a contrac- tor, the RTD wW provide the Grant funds on the buls of the contract award price u may be mocified by~· orders approved by the RTD. c. Where the Project work ls part of a larger capital lmprovement, the RTD wW provide the Grant funds on the bull of the unlt prices bid u part of such larger contract and RTD approval of COits for Items which may not be identlfied in the larger contrect. SECTION FOUR ELIGIBLE COSTS COits eligible for reimbursement by the RTD under this grant Agreement are limi ted to the ectua1 cost of design and construction of the approved Project. SECTION FIVE GRANTEE REQUIREMENTS L The Grantee will prepare any necessary right-of-way or other rHI property acquisition Instruments for the Project. / I ,; ) b. . . . l The Grantee will provide design document review, c onstruction inipec- 'neerlng aervices for the Project. c. The Grantee will obtain any req uired appraisais, permits, and app ro va.ls and Ube responsible for all ci t izen review nd public agency coordination. d. T Grantee will maintain the completed Project. e . The Grantee wilJ conatruct the Project through its own work force or cause it to be constructed through formall y advertised, free, open, and competitive bidding, and in .ccord.nce wi th such additional terms and conditions as the RID may reqwre. f. To the extent the work to be performed under this Agreement ia performed by other than the employees of the Grantee or other Goverivnental entity and the toi.I COit of IUCh work ii ln excess of FIV2 THOUSAND DOLLARS ($,,000.00) the Project Labor Agreement incorporated herein by reference lhall app Y• a. Reimbunement by R TD few eligible coa ts is expressly contingent upon complet on of the work to be perfcwmed under this Agreement on or before December ll, 1911. Grantee shall obtain the RT011 final inspection and written concurrence in the acceptance of the completed project improvement on or before December li, i911 . S2CTJON SIX D2SIGN APPROVAL The Grantee shall obtain the RTD 's written approval of the final design, cost estimates of rl&ht-of-way or other real property acquisition, and coat estimates of the im provements to be constructed as part of this Project prior to the commence- ment of acquisition or construction. SECTION SEVEN CONTINUING TRANSPORTATION use In consideration for this Grant, the Grantee shall permit the RTD free UH of the improvements funded hereunder for transportation purposes for a period of not lea than five U) years from the date said im provements are completed and made availabie for pubHc use. In the event the Grantee interrupts, eliminates, or Interferes with the RTD's use of u id improvements, the Grantee lhaU immediately refund to the RTD the fu ll amount of the Grant funds receiv ed hereunder, pro- r a ted over the f ive-yeu period. -)- I ... ~ . .: SECTION EIGHT FINAL INSPECTION The Grantee lh&.l l obtain the RTD's final inspection and written concu rrence m the ccptance of completed Project improvements. SECTION NINE HOLD HARMLESS -RTD NOT LIA&LE Grantee, •rea to save and hold the RTD h&rmleu frolt) and against ail auitl, c1alm1, and demands bued upon any aUeged damage to property or any alleged Injury to perlON (including death) which may occur or be aUeged to have occurred by or on account of any negligent act or omission on the part of the said Grantee, 1 ts 9Ubcontr.ctor1, or any of their servants, employees, or agents. The Grantee, at Its own expense, will aettJe or defend any claJma or litigation arill• out of the performance of this Agreement. The R TD IMU not be Uable for any damage to the Project lmprovement1 throucf\ the routine use thereof unless caused by the negUgence and/or omwlon of RTDemploy..._ SECTION TEN TERMINATION Either pwty may terminate this Agreement at any time by giving writtSI notJce specif~ the date of termination, such notice to be given not leu than ninety (90) days prior to the date therein specified. In the event the Grantee desires to cancel this Agreement after R TD has expended funds for design, but before construction has begun, Grantee shall relmbune the RTD for aJ1 design fundl expended by RTD. ln the event the Grantee desires to cancel thi1 Agreement after Project construction clarlng the Initial five U) year period, it may do so upon giving written notice to the RTD, specif ying the date of termination, 1Uch notice to be given not leu than ninety (90) days prior to the date therein specified. As a concltion precedent to termination after Project construction, the Grantee shaU reimbune the RTD for all Grant funds received under this Agreement, pro-rated over said five-year period. SECTION f.LEVEN PROHIBITED INTER~TS No officer, member, or employee of the RTO, and no members of its aovemi,. body, and no other public official or employee of the governing body ol -·-... . . . . ., • • ' • 'I ,,, ' .. ' ..... ,~·' .-•· ... -.... ! ;:.,,.:, . ..;_. t i ty or local ities induded wlthin the District, durl g hi !> o:-her tenure or for o ye r ther&fter, shall have any i nterest, ·rect or indi re , in ~h.i s Agreement, o r t he proceeds thereof. SE CTION TWELVE MJSCELLAN EOUS 1. Notices. Any notice to be given hereunder atWJ be deemed given when tent by registered or certified mail t o the addresses herein contained of the party to be notified. 2 . Equ&J Employment Opeortunlty. In connection wi th the performance of . this A&reement, the Grantee lhaU not discriminate against any employee or appllc:Mt for e mploym ent becal.De of race, color, religion, sex, national orlgln, age, marital atatua, being handicapped, a disadvantaged person, or a c:habled or Viet Nam •a veteran. The Grantee ahall take affirmative action to lnlure that applicants are employed, and that employees are treated durln& employment without regerd to their race, color, religion, sex, national orlgln, age, marital si.tus, belna handicapped, a disadvantaged person, or a claabled or Viet Nam era . veteran. Such Ktion ahall lndude, but not be limited to, the followlng1 em- ployment, upsrading, demotion, or transfer; recruitment or recruitment · adverUaln&I layoU or termination; ratea of pay or other forma of compenaationa on for training, lndudln& apprenticeship • ., , I J, Agreement Binding. This Agreement shall inure to the benefit of and be bin upon the successors and assigns of the parties hereto. •· Lawa to Apely . The Project lh&ll be CArried out in accordance with the laws of the State of Colorado and all applicable Federal laws 4t regulations. Amendment. This Agreement may not be amended except in writina by mu agrttment of the parties, nor may rights be waived except by an lnstrurnent n s igne d by the party charged with such waiver. IN ITNESS HE EOF, the part ies have ck.dy executed thls Agreement, eUecti e the day and date first above written. APP O VEO AS TO LEGAL FORM FO THE RTO ATTEST r REGION AL TRANSPORTATION DISTRICT Sy E=-x-ecu--t ,...iv-e""'o"'"a,.., r_ec_t_o_r_an_d,...G=-en-er-al-:-rM..-anag--er- GRANTEEr THE CITY OF ENGLEWOOD ' ~ • • • E IONAL AID URBAN SYS EM A PLICA N (Pf e com plete and return b y. Ma y 5 , 1 9 8 1 . Submitting city, county, agency C j t y of Eng l ewoq d 2. Address 3400 s . Ela t i , Englewood, CO Phone o. 761-1 1 40, Ext. 503 8 011 0 3. of person RTD should contact regarding this projec'I.. Director of N Gary • Di d Ti d Se rvices Engi .a ring Phone No/61 -114 0 t E XT . 503 4. Locafon of project and description of existing conditions. (Use o ne fonn for tach project submitted. Drawings may be a.ttac:hed.) P roject L atioo: _ _.S"'"'o~u.:::t..:.:h:.::s;.::i::.;;d::.oe~.:o-=f~l::..:0::;..0=---=&--=2:..;:..,:0::.-.:b=l-=o;.:c:.:.k:.:s=--W~ • ....:.F..:l::.;;o::;..y~d=--~A:..::v..;:e;;.:.n.:..:u::.;e;:;;_ __ _ Descriptton: Exi ting vertical c urb and gutter on the sou thside f these two b locks and ad jacent asphaltic concrete paving s howing signs of extreme distress and failure due to i ncreased usage of RTD bus es in this area. 5. Project Justification : Rem ova l of the existing curb and gutter ( 2 ft. pan) and rep lacement with new curb and gutter (5 ft wide pan) will give necessary added strength t o areas present l y experiencing displacemen t. Project wil l al so i nclude removal and replace- ment of one catch b~sin and the c rosspan at South Acoma Street. Priority 1 ing of!!:!!§ project among all proposals being submitted by your agency : 7. Locat Particip tio (check appropriate spaces) A. Construction by agen~ forces kJ to include: 1. Survey and Design £:1 2. Construction Staking kl 3. Construction Inspection kl B. Constru ction by outside contractor{ 1 ) 0 t o include: 1. Survey and Design 0 2. Construction Documents 0 3. Staking 0 4. Construction Inspection 0 C. Request RTD Partic ipation kl to inclu de : (Please specify) Actual construction costs by contract Englewood will p rovide ne c essary engineering services. ( 1) If project cost is $5,000 o r ove r the "Project labor Agreement" applies • (OV ER ) Rev . ATD 1)294.11 /79 •• • • • 8 . Estima ted Project Cost A.O. • (2) Existing D ;gn (3 ) All engineering by Englewood Construction Total Local Funding ATD Fundi ng (2) Appl icant prepares required ... men or R.O.W. Acquisition. (3) Ac al design costs only. hen Completed Return to: RTD TSM Division 1325 South Colorado Boulevard Denver, Colorado 80222 -o - $ 1.900.00 $ 18,700.00 $ 20,600.00 $ 1,900.00 $ 18,700.00 Director of Enginee ing Services 5/9/80 (Title) (Date)