HomeMy WebLinkAbout1981 Ordinance No. 014•••
•
•
•
14 ORDINANCE NO .
SERIES OF 19 a -=-1--
BY AUTHORITY
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER NEAL
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 THE
DIF ICATION OF THE NORTHWEST CURB RADIUS AT THE INTERSECTION OF
BROADWAY AND FLOYD AVENUE.
WHE REAS, the Ci ty of Englewood made application to the
.egi onal Transportation District for construction improvements
a repairs on Regional Transportation District bus routes; and
WHEREA S, Regional Transportation District approved an .
application for improvements and repairs on Regional Transporta-
tion District bus routes.
NOW, T HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That an agreement between the City of Englewood
and the Regional Transportation District titled "Regional Trans-
portation District Regional Aid Urban Systems Agreement", which
provides for the implementation of transit-related road improve -
ments and a total project cost of $1,150, of which the Regional
Transportation District shall pay $1,000, for modification of
the Northwest curb radius at the intersection of Broadway and
Floyd Avenue within the City of Englewood, Colorado, with
concrete curb and 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
Regiona l Transportation District final inspection and written
a c ceptance on or before December 31, 1981. Thereafter, City
shall maintain the improvements and permit Regional Transporta-
tion District's use of the aforedescribed improvements without
additiona l 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 refu nd to Regional Transportation District grant
funds received, prorated over a five-year period of time, and
whereby the City shall hold harmless Regional Transportation
Distr ict as a result of performance of the agreement by the City
of Englewood in that the City shall perform the contract in
compl iance with all applicable laws. A copy of said agreement
is attached hereto as Exhibit A •
•
•
•
•
ORDINANCE NO . 14 ---SERIES OF 1 981
BY AU THORITY
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER NEAL
AN ORDINANC E APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
CO LORADO, AN D THE REGIONAL TRANSPORTATION DISTRICT APPROVING A
GRA T UNDER T HE REGIONAL AID URBAN SYSTEM APPLICATIONS FOR THE
DI FICAT ION OF T HE NORTHWEST CURB RADIUS AT THE INTERSECTION OF
BROADWAY AND FLO YD AVENUE.
EREAS, the Ci ty of Engl e wood made application to the
cq o n 1 Tra nspo r ta tion District for construction improvements
r p airs on Regional Transportation District bus routes; and
WHEREA S, Re g ional Transportation District approved an .
application for improvements and repairs on Regional Transporta-
tion Distric t bus routes.
NOW, T HERE F ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLE WOOD, COLORADO:
Section 1. That an agreement between the City of Englewood
and the Regio n al Transportation District titled "Regional Trans-
portation Dis t rict Regional Aid Urban Systems Agreement", which
p r ovides for the implementation of transit-related road improve -
men ts and a total project cost of $1,150, of which the Regional
Transportation Di strict shall pay $1,000, for modification of
the Northwes t curb radius at the intersection of Broadway and
Floyd Avenue within the City of Englewood, Colorado, with
concrete c urb and gutter with added strength, whereby City shall
provide right-of-way, design construction and engineering ser-
vices, o btain appraisals and permits, complete the same and obtain
Re gional T r a nsportation Distri ct final inspection and written
a c cep tance on or be f ore December 31, 1981. Thereafter, City
s h all mainta in the i mp rovements and permit Regional Transporta-
tion Di strict 's use of the afo r edescribed improvements without
add it ional cost f or a perio d of not less than five years, and,
i n the even t the City inte r rupts, eliminates or interferes with
Regional T ransportation District's use of said improvement, the
City s h all refund t o Regional T r ansportation District grant
funds received, prorated over a five-year period of time, and
whereby the City shall hol d ha rmless Regional Transportation
District 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 a p plica ble laws. A copy of said agreement
is attached hereto as Exhib it A .
•
•
•
•
S c t i on 2. That the City Counci l of the City of Englewood,
Co lo r do, hereby au horizes the May or of the City of Englewood
and the Director of Finance , ex officio City C lerk-Treasurer,
to set their hands an d seals t o the foregoing-d escribed
instrument for and on e half of the City Council of the City
of Englewood.
Introduced , read in full, an d passed on first reading
on the 5th day of January, 1981.
Published as a Bill for an Ordinance on the 7th day
of January , 19 81.
Read by title and passed on final reading on the 19th
day of January, 1981.
Published by title as Ordin ance No. 14 , Series of
1981, on the 21st day of Jan uary, 1981. ---
~~ Mayor
Attest:
ex
I, Ga ry R. Higbee, ex officio City Clerk-Treasurer of
t he City of En glewo od, Colorado, hereby certify that the above
and foregoing i s a true, accurate, and complete copy of the
Ordinance passed on final reading and published by title as
Ordinance No. 14 , Series of 1981 .
-2-
REGIONAL TRAN SPORTA TION DISTRICT
REGIONAL AID URBAN SYSTEM
AGREEMENT
AGREEMENT made thls __ day of--------' 1980, by and
bet een THE CI TY OF ENGLEWOOD, hereinafter referred to as "Grantee," and
the RE<;lONAL TRANSPORTATION DISTRICT, a poUtkal subdivision of the State
of Colorado, hereinafter referred to as "RTD."
WITNESSETH:
HERE AS, the RTD has est&bllshed a Regional Aid Urban System ("RAUS")
fund for the purpose of im plementing transit-related roadway improvements; and
HERE.AS, the carantee has filed an application attached hereto marked
Exhibit A and Incorporated by reference as If fully set forth herein; and
WHEREAS, the Board of Directors of the RTD has approved the use of RTD
loc:al funds for the Project described in Exhibit A; and
HEREAS, the parties hereto deslre to implement capital improvements
bed herein.
OW, THE REFORE, in consideration of the mutual promises contained
here n, and for other good and valuable consi deration, the receipt and sufficiency
of ch are hereby acknowledged, the parties agree as follows:
SECTION ONE
PURPOSE
The purpose of this Agreement Is to asslst the carantee in implementing the
tr&Nit-related road im provement(s) described below (hereinafter sometimes
referred to as "the Project"). The Grantee , in turn, will carry out the Project ln
accordance with the terms of thls Agreement.
·~
I r.
!
i.t· ' ,, '
I
I
I
I
.. ' ' .
... .. ::. ...
·' ,· :: .~,.J .
,. ·,
,•. ··.
''. . ··· ..
,, ,I'
' .... .:
. '
"':
.·r.~ •: • ·t .
•, ... ·. , . .• 1
~ . : :~ ,. . I i ,· ·,. •
I
i
1,: ...
' . . . . \
•. "'',\'I ,
... \ ...
~· .... ·: ..
f ,.·
EC TI ON TWO
THE PROJEC T
Th e Proj ect consi sts of modif ication of the northwest curb radius at the
ntersection o f Broadway and Floy d Ave nue, as more particularly described in
Exhibit A a ttached hereto.
SECTION THREE
THE GRANT
The RTD will pr ovi de the Grantee t he total cost of the project or EIGHT
THOUSAN D AND N0/100 DOLLARS ($&,000.00) whichever ls less.
a. Where the Grantee performs the Project work through iU own
work force, the R TD will provide the Grant funds on the basis of
i nvoices received and approved by the RTD for time and materials
expended.
b. Where the Grantee performs the Project work through a contrac-
tor, the RTD will provide the Grant funds on the basis of the contract
award prlce as may be modified by ch&nge orders approved by the RTD.
c . Where the Project work is part of a larger apltal improvement,
the RTD will provide the Grant funds on the basis of the unit prices bid
as part of such larger contract and RTD approval of costs for items
which may not be identified in the larger contract.
SECTION FOUR
ELIGIBLE COSTS
Co t s el igible for re imbursement by the RTD under this grant Agreement are
limi ted to the actual cost of design and c onstruction of the approved Project, and
t .ctual cost of the acq ui s ition of re&I property for the approved Project.
SE C TION F lV E
GRANTEE RE QU lREMENTS
a . The Crantee will prepare any ne c essary right-of-way or other real
property cqu isitlon ins t ruments for the Project.
I '" ;· .
'
... ! '
.. ·.~
~. . .'. \
' '_,.,
,. . . ·''
.. . :·.
. ... ~· .·
·-t .•
..... .
I
''
~· .: ~:.: ." \ '
. '
:
;
.,
. .
. .~
·' I
i
t. ·, 'I
. ;
;·
!·
.,
1·
• •" I
l' .·; ~ :
,. .. . :. /
"•,, -'
: ....
b. The Grantee wiU provide design document review, construction inspec-
tion, and engineering services for the Project.
c . The Grantee will obtain any required appraisals, permits, and approvals
and 1U be responsible for aJJ citizen review and public agency coordination.
d. The Grantee wilJ maintain the completed Project.
T Grantee will construct the Project through its own work force or
t to be constructed through formally advertised, tree, open, and competitive
bidding, and in accordance with such additional terms and conditions as the RTD
m y require.
f. To the extent the work to be performed under this Agreement is
per-formed by other-than the employees of the Grantee or other Governmental
entity and the total cost of such work is in excess of FIVE THOUSAND DOLLARS
($J,OOO.OO) the Project Labor Agreement incorporated herein by reference shaJJ
apply.
g . Reimbursement by RTD for eligible costs is expressly contingent upon
completion of the work to be performed under this Agreement on or before
Dec ber )1, 1911. Grantee shaJJ obtain the RTD's final inspection and written
cono.irr ce in the .cceptance of the completed project improvMient on or before
December 31, 1911.
SECTION SIX
DESIGN APPROVAL
The Grantee lhaJJ obtain the RTD's written approval of the final design, cost
estim ates of right-of-way or other real property a~uisition, and cost estimates of
the improvements to be constructed as part of this Project prior to the commence-
ment of acquisition or construction.
SECTION SEVEN
CONTINUING TRANSPORTATION USE
In c:onslderation for this Grant, the Grantee shall permit the RTD free use of
the improvements funded hereunder for transportation purposes for a period of not
l ess than five U) years from the date said improvements are completed and made
available for pubUc use. Jn the event the Grantee interrupts, eliminates, or
Interferes with the RTD's use of said improvements, the Grantee shall immediately
refund to the RTD the full amount of the Grant funds received hereunder, pro-
rated over the five-year period.
-J-
: '
'· .
''
1'. I •.
, ..
".~_ 'j •' :·' .~
\ ''I . ''.• •f
~: 1.. • '
' (
I I . ··. •• . .
I
I
I
I .• i
I
I
I ,
:
'
• I
SECTI N EIGHT
FIN AL INSPECTION
The Grantee shall obtain the RTD 's final inspection and written concu rrence
In the acceptance of completed Project improvemenu.
SECTION NINE
HOLD HARMLESS -RTD NOT LIABLE
rantee, agrees to aave and hold the RTD harmless from and against all suits,
cl aim , and de m ands based upon any alleged damage to property or any alleged
injury to persons (including death) which may occur or be alleged to have occurred
by or on account of any negligent act or omission on the part of the said Grantee,
its IUb<;ontractors, or any of their servants, employees, or agents. The Grantee, at
its o n expense, will settle or defend any claims or litigation arising out of the
performance of thla Agreement.
R TD ahall not be liable for any damage to the Project improvemenu
through the routine use thereof unJeas caused by the negllgence and/or omission of
RTD employees.
SECTIO N TEN
TERMINATION
Ei ther party may terminate this Agreement at any time by giving written
notice apeclfying the date of termination, such notice to be given not Jess 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 reimburse the RTD for all design
funds expended by RTD. In the event the Grantee desires to cancel this Agreement
after Project construction dur ing the initial fi ve (.5) year period, it may do so upon
giving written notice to the RTD, specifying the date of termination, such notice
to be given not less than ninety (90) days prior to the date therein specified. As a
concition precedent to termination after P roj ect construction, the Grantee shall
re imburse the RTD for all Grant funds received under this Agreement, pro-rated
over said fiv e-year period.
SECTION EL.EVE N
PROHIBIT ED INTE RESTS
No off icer, member, r empl oyee of the RTD, and no members of its
goverrung body, and no ot her public official or employee of the governing body of
-4-
1,:•.
I
i
\. ':
I .. ~•.
I
I .
I
I
I
'.
... ,,
"\
· .. "
/
.. ,_ .. •
~1 . ·. •j
. .. , .. :~ .
~.
•
'
•
th ocaUty or loc&lities includ d within the Dbtrict , during rus or h r tenure o r for
on yur ttM:ralt er, lh&ll have any interest, dire c t or indirect, in this Agree ment, or
the proceeds thereof •
ECTION TWELVE
MISCELLANEOUS
1. Notices. Any notice to be given hereunder ahaU be deemed given when
sent by registered or certified mail to the addresses herein contained of the party
to be notilied.
2. Eq al Employmen t Opportunity. In connection with the performance of
trua Agreement , the Grantee shall not discriminate agilinst any employee or
appUcant for employment because of race, color, religion, sex, national origin, age,
marital status, being handicapped, a disadvantaged person, or a disabled or Viet
Nam era veteran. The Grantee shal l take affirmative action to insure that
applicants are employed, and that employees are treated during employment
lthout regard to their race, color, religion, sex, national origin, age, marital
status, being hanclapped, a cisadvantaged person, or a disabled or Viet N&m era
veteran. Such ection shall include, but not be limited to, the following1 em-
p oyment, upgrading, demotion, or transfer; recruitment or recruitment
advertislng; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
). Agreement Binding. This Agreement shall inure to the benefit of and
be binding upon the succeuors and assigns of the parties hereto.
•· Laws to Apply. The Project shall be carried out in accordance with the
laws of he State of Colorado and all applicable Federal laws & regulations •
.5. Amendment. This Agreement may not be amended except In writing by
mutual qreeme nt of the parties, nor may rights be waived except by an Instrument
i n wr i ting signed by t he party charged with such waiv er.
WITNESS WHEREOF, the parties have du y e xecuted this Agreement,
effective the day and date first above wr itten.
PPROVED AS TO LEGA FORM
FOR THE RTO
ATIESTz
REGIONAL TRANSPORTATION DISTRICT
By=-~-:-~=-:-~~~--.'-="~~.,...,.~~~ Ex cutive Director and General Manager
GRA TEE: THE CITY OF ENGLEWOOD
'•
: .. ~ ....
I.
'
.. ,,
') , ' '
' .. ~ ~ '.~ ... ! .
·,
1 w_.~ I ·· .
. :
' . . ~ . .,
.1
·: . \
•• l
...
. ' . •..
.~' . ;
i ~ \I' . -,, . )
i ,.
I .:
I
. '
•
•
•
•
EXHIBIT A
EGIO 'AL A I D URBAN SYS TEM J.\:>p IC A TIOl\I
(Please complete and return by. May 5 • 19 8 0 )
Submitting city, county, agency City of Englewooq.
Address 3 400 outh Elati, Englewood, CO Phono No. __ 7_6_1_-_1_1_4_0 ____ _
3. ame of person RTD should contact regarding this project. ,
Director of Engineering
Gary R. Died Title Seryices Phone No. 761-1140 , ...Bxt.
500
Location of project and description of existing conditions.
(Use one form for !!91 project submitted. Drawings may be attached.)
Project Location: __ N"'"-&.. __...W._..~c ... o .... r..,.n...,.e_r_F .... l.,.o,..y5oe1<...,l .-a.....,.n..,.d__.B ... r...,o..,.a.,.d...,w.....,a,..y __________ _
Description: Existing vertical curb and gutter with 10' adjacent
alk is showing extreme deterioration and failure due to
RTD buses cutting the corner on t~is route.
5 . Project Justification: Removal of part of the vertical curb and gutter
with adjacent walk and replacement with new vertical curb and
gutter and reinforced wa lk would correct his possible hazard •
6. Priority ranking of THIS project among all proposals being submitted by your agency :
t wo f ______________ o --------------------
7. Local Participation (check appropriate spaces)
A. Construction by agency forces kl
to include:
1. Survey and Design k:1
2. Construction Staking kl
3. Construction Inspection kJ
B. Construction by outside contractor( 1) D
to include:
1. Survey and Design 0
2. Construction Documents 0
3. Staking 0
4. Construction Inspection 0
C. A quest RTD Participation ~
to include: (Please specify)
Actual construction cost by contract
Englewood will provide necessary engineering services
(1) If project cost is $5,000 or over the "Project Labor Agreement" applies •
(OVER) Rev. ATO 'l294.11/79
•
•
•
8. Estimated Project Cost
R.O.W. (2 ) Existing
Design (3 ) All engineer by Englewood
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 Div ision
1325 South Colorado Boulevard
Denver, Colorado 80 222
. .
$~~--...¥.o_---~~-----
1 so. o o $ __________________ ~
$1,000.00
$1 ,150.00
150.00
$--------~------~
s1,ooo.oo
Director of ~~gineering 5/9/80
(Title) Services .. ,. (Date)