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Home My WebLink About2006 Ordinance No. 030• • • ORDINANCE NO . 30 SERIES OF 2006 -- BY AUTHORITY COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANl" AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CONSTRUCTION AGREEMENT REGARDING CONSTRUCTION OF THE TRAIL EXPANSION AND BUFFER PROJECT Rl:LATED TO THE MARY CARTER GREENWAY TRAIL BET.VEEN THE CITY OF ENGLEWOOD, COLORADO AND THE SOUTH SUBURBAN Pt.Q.KS DISTRICT . WHEREAS , in 2003 the Englewood City Council approved the South Platte River Open Space Plan ; and WHEREAS, the Englewood City Council approved the 2005 Open Space budget including match funding for this project as part of the Multi-Year Capital Project budget; and WHEREAS , in January 2005 the Englewood City Council approved the intergovernmental Agreement to participate in the Arapahoe County Open Space $bareback Program that provides the match funding; and WHEREAS, this project is designed to improve and expand the section of the Trail approximately from the Sheridan-Englewood border at West Girard Avenue north to the Englewood-Denver border at West Bates Avenue, approximately one-half mile of the Trail; and WHEREAS, the greenway Expansion and Buffer Project has three primary purposes , which arc to increase the capacity, safety and aesthetics of the Trail; and WHEREAS , the Arapahoe County Open Space and Trails Board (OSTB) selected this trail project to receive S217,530 of Grant funding in their 2005 round of grant funding requests; and WHEREAS, Englewood has budgeted $125 ,000 of Englewood's share of Open Space Shareback Funds for this project that will remain in place for construction and contingencies ; and WHEREAS, the proposed South Suburban Intergovernmental Agreement provides S125,000 of funding for the project while lea ving the City responsible for the trail construction ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~. The Intergovernmental Agreement between the City of Englewood, Colorado and the South Suburban Parks District entitled Construction Agreement, attached as "Exhibit A', is hereby accepted and approved by the EnaJewood City Council . -1- 11 b iii ~-The Mayor is authorized to execute and the City Clerk to attest and seal • the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 24'' day of July, 2006 . Published as a Bill for an Ordinance on the 28th day of July, 2006 . Read by title and passed on final reading on the 7th day of August, 2006 . Published by title as Ordinance No .-30, Series of 2006 , on the I Ith day of Augus~ 2006. I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby cenify that the above and foregoing is a true CO.PY of the Ordinan e passed on final reading and published by title as Ordinance No .~. Series of 2 . -2- • • • • CONSTRUCTION AGREEMENT THIS AGREEMENT is made this __ day of ____ ~ 2006, by and between the City of Englewood, a Colorado home rule municipality chartered under Article XX of the Colorado Constitution and located within Arapahoe County ("City"), and the South Suburban Park and Recreation District, a quasi-municipal cmporation and political subdivision of the State of Colorado , organized pursuant to Title 32 , C.R.S . ("District"). RECITALS WHEREAS, the City, in conjunction with the District, did submit an Arapahoe County Open Space, Parks, and Trails Grant Application earlier this year for a proj ect to in~r:,ase the capacity of the Mary Carter Greenway within the jurisdiction of the City; and WHEREAS, this project is designed to improve and expand the section of the Trail approximately from the Sheridan-Englewood border at West Girard Avenue north to the Englewood-Denver border at West Bates Avenue . This section comprises approximately 1/2 mile of the Trail , and the Greenway Expansion and Buffer Project has three primary purposes, which are to increase the capacity, safety, and aesthetics of the . Trail . The Project will add an 8 foot-wide crusher fints extension next to the existing Trail sc,uth of Dartmouth Avenue for use by walkers and runners. The section of the Trail north of Dartmouth Avenue does not provide sufficient room for crusher fines , so a 5 foot wide concrete path will be added adjacent to the existing Trail for use by pedestrians . The result will be a separation between walkers and runners, and users on bikes and roller blades (in total , the "Greenway Expansion and Buffer Project"); and WHEREAS, the total estimated cost of the Greenway Expansion and Buffer Project described above is $342,530 . A grant in the amount of $217,530 has been authorized by the Arapahoe County Open Spa ce, Parks, and Trails Grant Program, leaving a matching fund requirement of$125,000, which the District is prepared to provide in return for the City overseeing the construction of the Project, and bearing the risk of funding any cost overrun which may occur; and WHEREAS, Section l 8(2)(a), Article XIV of the Colorado Constitution , Section 29 -1-203, C.R.S., Section 31-15-101 , C.R.S., and Section 32-1-1001 , C.R.S., empower the City and the District to enter into intergovernmental ag reemen ts with one another to provide intergovernmental services and facilities (including the sharing of costs) and the incurring of debt, when so authorized by their respective governing bodies and as lawfully authorized by each Party to govern the provision of such services and facilities to the inhabitants and visitors of the City and the District. AGREEMENT NOW, THEREFORE, in considemtion of the covenants , promises, and • agreements contained hereai, the adequacy of which i& hereby acknowledged, the Pa tles agree as follows: I . District agrees to , and does hereby, appropriate and reserve $125,000 to be paid to City as needed to accomplish the Greenway Expansion and Buff er Project, estimated to cost a total of $342 ,530 pursuant to the Grant Application to the Arapahoe County Open Space, Parks, and Trails Grant Program, as more fully described within said Grant Application . 2. City agrees to undertake the acquisition of the $217,530 approved as :u1 Arapahoe County Open Space, Parks, and Trails Grant toward this Proj e.~t; and along with the contribution from District, to undertake and absorb all cos ts of th e contracting, inspection, and completion of the Greenway Expansion and Buffer Project, and to process all bookkeeping, accoun dng, and reporting necessary to comply with the Grant terms and conditious. 3. 4 . The Greenway Expansion and Buffer Project will be built to the standards and specifications of the City and the District. Should a conflict arise between the specifications of City and District , the more restrictive of the specifications shall apply. Should the direct costs of the Greenway Expansion and Buffer Project be less than the $342,530 , District shall be credited with the cost savings . Should the cost of the Project exceed the estimated total Project costs , City shall pay any such overages, up to $100 ,000 . Any other excess costs shall be negotiated between the Parties, and made the subject to an addendum to this Agreement. 5. This Agreement shall be for a period of ONE (I) YEAR, to September 2007. Should the Greenway Expansion and Buffer Project not be completed within that one-year period, this Agreement may be renewed for an. additional two (2) years through written notice from the City to the District with an explanation of the reason for delay . 6. Each Party, to the extent permitted by law and subject to all immunities, defenses, and other protections afforded to the Parties pursuant to the Colorado Governmental Immunity Act, Section 24-10-10 I, et seq., C.R.S., to indemnify and hold hannless the other Party, its agents and employees from and against any and all claims from third parties for damages, loss, injuries, liabilities and expenses for personnel injury or property damage , relating to or arising out of the Greenway Expansion and Buffer Project, resulting from the indemnifying Party's negligence . 2 • • 7. • • 8. • Any notice or communication pursuant to fuis Agreement should be given in writing, delivered or mailed to : South Suburban Parle and Recreation District c/o H. William Woodcock, Manager of Planning/Construction 6631 South Univenity Boulevard Centennial, Colorado 80121 (303) 795-6531 (tel.) (303) 798-3030 (fax) City of Englewood c/o Gary Sears, City Manager 1000 Englewood Parlcway Englewood, CO 80110 (303) 762-2310 (tel.) (303) 762-2408 (fax) City of Englewood c/o Mark Graham, Senior Planner, Project Manager Community Development Department I 000 Englewood Parkway Englewood, CO 80110 (303) 762-2353 (tel.) (303) 783-6895 (fax) This Agreement represents the entire agreement between the Parties . Only an instrument in writing signed by the Parties may amend this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Intergovernmental Funding Agreement. Attest: CITY OF ENGLEWOOD By:~"""'- 01gaWosytl,ayor Date : _______ _ SOUTH SUBURBAN PARK.AND RECREATION DISTRICT By: ------------ Date : _______ _ 4 • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 24, 2006 11 a ill South Suburban Parks & Recreation Mary Carter Greenwa y Trail Construclion Agreement Initiated By: I Staff Source: Community Development Department Mark Graham, Senior Planner PREVIOUS COUNCIL ACTION/ COUNCIL GOALS • On July 21, 2003 , Council approve d the South Platte Ri ve r Open Space Plan. • Council approved the 2005 Open Space budget including match funding for this project as part of the Multi-Year Capital Project budget. • On January 14, 2005, Council approved th, ~A to participate in the Arapahoe Co unty Open Space Shareback program that provi <i< .. tne match funding . • On August 15, 2005, Council approved the 11 'A with Arapahoe County for Open Space Grant Funds for the Mary Carter Greenway Trail Expansion and Buffer. • • The project supports two Council Outcomes: • 1. Provi ding and maintaining quality infrastructure. 2. Providing di verse cultural , recreational and entertainment opportunities. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance for Englewood to enter into a Construction Agreement with the South Suburban Parks and Recreation District (South Suburban) for the purpose of constructing trail improvements for bicyclists and pedestrians along the South Platte River . In the proposed agreement, South Suburban is pledging $125,000 as the match funding for the tra •: :,roject. BACKGROUND AND ANALYSIS The Arapahoe County Open Space and Trails Board (OSTB) selected this trails project to receive $217 ,530 of Grant funding in their 2005 round of grant funding requests . The City has budgeted $125,000 of Englewood's share of Open Space Shareback Funds for this project that will remain in place for construction and contingencies. The proposed South Suburban Construction Agreement provides $125 ,000 of funding for project while leaving the City responsible for the trail construction. South Suburban maintains the Mary Carter Greenway Trail in Arapahoe County . FINANOAL IMPACT The Project cost estimate Is $342 ,530, based on preliminary englneerins-With th is Construction Agreemen~ South Suburban Is providing $125,000 of match funding for a $217,530 grant from Arapahoe County. Englewood Is budgeting $125 ,000 for cost overruns and contingencies . ATTACHMENTS 8111 for an Ordinance • • •