HomeMy WebLinkAbout2018 Ordinance No. 030ORDINANCE NO. 30
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 3 7
INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
DOUGLAS AND THE CITY OF ENGLEWOOD/ENGLEWOOD McCLELLAN
RESERVOIR FOUNDATION
WHEREAS, pursuant to the provisions of Article XIV, Section I 8(2)(a) of the Colorado
Constitution, Section 29-1-203, C.R.S., there is established a means whereby governmental units
may cooperate or contract with one another to make the most efficient and effective use of their
powers and responsibilities; and
WHEREAS, Englewood Mclellan Reservoir Foundation ("'EMRF") oversees the development of
City owned property surrounding McClellan Reservoir;
WHEREAS, EMRF wishes to conclude the Plaza Circle project which includes Plaza Circle -
Phase I, and Plaza Drive east intersection;
WHEREAS, the construction of this project will provide necessary access to Highlands Ranch
Filing No. 157, Commercial Lots 3, 4, and 5, and will provide access to develop the real property
located entirely within Highlands Ranch Filing No. 157;
WHEREAS, Douglas County normally requires an irrevocable letter of credit to ensure
completion of the necessary infrastructure for any development occurring in the County; and
WHEREAS, EMRF is legally unable to provide such a letter and hence Douglas County has
agreed to accept an intergovernmental agreement in lieu of such letter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The Intergovernmental Agreement between the Board of County Commissioners of
the County of Douglas and the City of Englewood/Englewood McClellan Reservoir Foundation,
attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized lo execute and attest said Agreement for and on behalf of the
City of Englewood.
Introduced, read in full, and passed on first reading on the 5th day of November, 2018.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of
November, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 7•h day of
November, 2018
Read by Title and passed on final reading on the l 9th day of November, 2018.
Published by Title in the City's official newspaper as Ordinance No. 30, Series of 2018, on
the 22nd day of November, 2018.
Published by title on the City's official website beginning on the 21 st day of
November, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after pub · cation followi
ATTEST:
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 30, Series of 2018.
11120/2018 EMRF DOUGCO IGA
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD AND THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF DOUGLAS REGARDING THE DESIGN,
CONSTRUCTION, AND MAINTENANCE
OF PLAZA CIRCLE -PHASE II
IMPROVEMENT PROJECT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made
and entered into this __ day of _______ , 2018, by and between the City
of Englewood, Colorado, a Colorado home rule municipality ("City"), and the Board
of County Commissioners of Douglas County, Colorado ("County"), hereinafter
collectively referred to as 11 Parties."
RECITALS
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a),
and Section 29-1-203, C.R.S., the City and the County may cooperate or contract
with each other to provide any function, service, or facility lawfully authorized to
each;
WHEREAS, this Agreement shall apply to the improvements for Plaza Circle
between Plaza Circle -Phase I and Plaza Drive -east intersection, as shown on
Exhibit A, ("Project"), attached hereto and incorporated herein by this reference;
WHEREAS, the construction of Plaza Circle is necessary to provide access to
Highlands Ranch Filing No. 157, Commercial Lots 3, 4 and 5, in order to develop the
real property located within the entirety of Highlands Ranch Filing No. 157;
WHEREAS, The Englewood Mclellan Reservoir Foundation (11DeveloP.er"),
which was incorporated pursuant to the Colorado Revised Nonprofit Corporation Act
by the City of Englewood, Colorado, to oversee the development of property around
McClellan Reservoir to protect the stored water supply therein, desires to design and
construct the Project;
WHEREAS, Douglas County normally requires an irrevocable letter of credit
to ensure completion of necessary infrastructure for any development occurring in
the County;
WHEREAS, the Englewood Mclellan Foundation is legally unable to
provide such a letter, and the Parties have agreed in lieu of such letter this
Intergovernmental Agreement shall control the proposed development; and
WHEREAS, the Parties hereto intend to set forth the terms of design,
construction, and maintenance of the identified Project.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties hereto agree as follows:
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I. Project lmP-rovements. All aspects of the Project, to include but not
limited to the drainage, commercial collector roadway, and intersection
improvements, will be designed and constructed in accordance with County
standards.
2. Review and AP-P-roval. The County shall have the right to review,
approve and collect review fees for the construction plans and reports related to work
for the Project, prior to construction.
3. Project Construction.
a. The Developer has appropriated or allocated funds in their
reserve for the Public Improvements associated with this project in the
amount of $965,131.00 as per the Engineer's opinion of cost attached hereto
as Exhibit B, and as referenced in the letter of September 4, 2018, attached
hereto as Exhibit C. ln the event the Developer, or the contractor on behalf of
the Developer, fails to comply with all pem1it conditions and County criteria
or receives a violation notice of noncompliance for the project, the County
may exercise the right to stop any further work until such issues have been
remedied.
b. County will require Developer to construct the Project
improvements in accordance with the approved construction plans and reports
for the Project.
4. Permitting and InsP-ection. County shall be responsible for issuing all
permits for grading and construction of roadway and stormwater facilities and
providing the inspections related to said permits. Developer shall provide written
Notice of Change to County Engineering Services of all change orders requested for
design and construction approval.
5. Probationa!Y. and Final Accentance of the Project. Prior to the
issuance of probationary acceptance, Developer shall provide to County all
testing information, reports and as-builts as required by County's standards.
Prior to the issuance of final acceptance, County shall provide an inspection
of the Project. If County finds, upon inspection, that the Project is
substantially free of defects in materials and workmanship and has been
repaired and maintained as and to the extent required in this Agreement, the
County shall issue a letter evidencing final acceptance of the Project.
6. Access Points. Access points onto Plaza Circle, within the Project,
shall be approved by the County.
7. Maintenance ResP.onsibilities for the Project:
a. Subsequent to preliminary acceptance and subject to
accessibility, the County Department of Public Works Engineering may elect
to relieve Developer of street sweeping and snow removal responsibilities.
Specific reductions or releases of responsibility must be in writing by the
Public Works Engineering Director.
b. County shall be responsible for all roadway and drainage
maintenance, snow removal and street sweeping, related to the Project, once
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final acceptance has been granted.
8. Termination of the Project. Parties agree that if Developer is not
allowed to proceed with the Project on or before December 31, 2018
("Project Deadline"), then this Agreement shall automatically terminate.
9. Time for Perfonnance. Parties acknowledge and agree that the Project
shall be substantially completed and open for use by the traveling public within
twelve ( 12) months after Developer is allowed to proceed with the Project.
10. Remedies. Parties acknowledge and agree that each party may
exercise all rights and remedies in law or in equity, by a decree in specific
performance, or such other legal or equitable relief as may be available.
11. Notice. Any notice required or permitted by this Agreement shall be
in writing and shall be deemed to have been sufficiently given for all purposes if sent
by certified mail or registered mail, postage and fees prepaid, addressed to the party
to whom such notice is to be given, at the address set forth below, or at such other
address as has been previously furnished in writing, to the other party. Such notice
shall be deemed to have been given when deposited in the United States mail.
City of Englewood: Utilities Director
Englewood Civic Center
1000 Englewood Parkway, 3rd Floor
Englewood, CO 80110
Douglas County: Department of Public Works -Engineering
Engineering Services Director
I 00 Third Street
Castle Rock, Colorado 80104
12. AP-IiroP-riation. Pursuant to C.R.S. § 29-1-110, the financial
obligations of the City contained herein which are payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available.
13. No Waiver of Governmental lmmunit)'. Act. The Parties hereto
understand and agree that the City and the County, their commissioners, officials,
officers, directors, agents and employees, are relying on, and do not waive or intend
to waive by any provisions of this Agreement, the monetary limitations or any other
rights, immunities and protections provided by the Colorado Governmental
Immunity Act, C .R.S . § 24-10-101, et seq., as from time to time amended, or
otherwise available to the City and the County.
14. Additional Documents. The Parties agree to execute any additional
documents or take any additional action that is necessary to carry out the intent of
this Agreement.
15. Colorado Law. This Agreement shall be governed by the laws of the
State of Colorado. Venue for any action hereunder shall be in the District Court,
County of Douglas, State of Colorado, and the Parties waive any right to remove any
action to any other court, whether state or federal.
16. SeP.arate Entities. The Parties enter into this Agreement as separate,
independent governmental entities and shall maintain such status throughout.
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17. No Third-PartY. Beneficiaries. The enforcement of the tem1s and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the Parties, and nothing contained in this Agreement shall
give or allow any such claim or right of action by any other or third person under
such Agreement. Any beneficiary of the terms and conditions of this Agreement are
not intended beneficiaries, but are incidental beneficiaries only.
18. Recitals. The recitals to this Agreement are incorporated herein by
this reference.
19. EntiretY.. This Agreement merges and supersedes all prior
negotiations, representations and agreements between the Parties hereof and
constitutes the entire agreement between the Parties concerning the subject matter
hereof.
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto
as of the date first written above.
ATTEST:
Stephanie Carlile, City Clerk
APPROVED AS TO FORM:
Alison McKenney Brown, City Attorney
APPROVED AS TO CONTENT:
Douglas J . DeBord, County Manager
CITY OF ENGLEWOOD,
COLORADO
, Mayor
BOARD OF COUNTY
COMMISSIONERS
OF DOUGLAS COUNTY
COLORADO
Lora L. Thomas, Chair
ATTEST:
Melissa Pelletier, Deputy Clerk
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APPROVED AS TO FORM:
CONTENT:
Lance Ingalls, County Attorney
Finance
EMRF DOUGCO IGA
APPROVED AS TO FISCAL
Andrew Copland, Director of
EXHIBIT A
DESCRIPTION OF PLAZA CIRCLE -PHASE II IMPROVEMENT
PROJECT
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EXHIBITS
ENGINEER'S OPINION OF COST
EXHIBITC
SEPTEMBER 4, 2018 LETTER ENGLEWOOD McCLELLAN FOUNDATION
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C IUS£RSIDC0.11£R 1DESl:TOl',€MRF DOUGLAS COUNTr /GA WIN Al I I IJOC
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Project: Plaza Crde Extension
-HAR/llS Date: 27-Sep-17 KOCHER
SMITH
Spec SectJon Item Unit Quantity Est. Unit Cost Total Item Code
202 Removal or Inlet (Type R) EACH 1 $ 2,500 $ 2,500
202 Removal or Inlet (Special) EACH 1 $ 2,000 $ 2,000
202 Removal of Pipe LF 36 $ 20 $ 720
202 Removal or Asphalt curb LF 221 $ s $ 1,105
202 Removal or curb and Gutter LF 662 $ 10 $ 6,620
202 Removal of Concrete Pavement SY 88 $ 20 $ 1,760
202 Removal of Asphalt Mat SY 1,747 $ 10 $ 17,470
202 Removal or Ground Slgn EACH 1 $ 200 $ 200
202 Removal of Fence LF 32B $ 9 $ 2,952
203 Unclassified Excavation (CIP) CY 5,010 $ 6.00 $ 30,060
203 Unclassified ExCiivatlon (Haul) CV 2,626 $ 14.00 $ 36,764
207 Topsoil CY 1,200 $ 6.00 $ 7,200
207 Topsoil (Haul) CY ass $ 14.00 $ 11,970
208 Erosion Control LS 1 $ 15,000 $ 15,000
210 Adjust Inlet (Special) EACH 1 $ 800 $ BOO
210 Reset Monument Sign EACH 1 $ 15,000 $ 15,000
210 Reset Solar Collector EACH 1 $ 7,500 $ 7,500
210 Reset Ught Pole EACH 4 $ 1,500 $ 6,000
210 Reset Ground Sllll EACH 3 $ 3S0 $ 1,050
210 Adjust Manhole Rim EACH 7 $ 500 $ 3,500
210 Adjust Valve Box EACH 3 $ 250 $ 750
212 Seeding (Natlve) ACRE 0.1 $ 3,500 $ 2,450
213 Mulching (Crimped Straw) ACRE 0.7 $ 2,500 $ 1,750
307 Reconditioning (12 Inch) SY 7,614 $ 3.00 $ 22,842
403 Hot Mix Asphalt (Grading S) TON 4,145 $ 90 $ 373,050
403 Hot Mix Asphalt (Grading SX) TON 576 $ 100 $ 57,600
412 Concrete Pavement (10 Inch) Sf 34 $ 180 $ 6,120
603 18 Inch Re.inforced Concrete Pipe (Cass Ill) LF 59 $ 100 $ 5,900
603 2 Inch Plastic Pipe Sleeve LF 264 $ 25 $ 6,600
603 3 Inch Plastlc Pipe Sleeve LF 88 $ 35 $ 3,080
603 4 Inch Plastic Pipe Sleeve LF 264 $ 40 $ 10,560
604 lnletTypeC EACH 2 $ 3,500 $ 7,000
604 Inlet Type R ll5 EAOI 2 $ 12,000 $ 24,000
608 Concrete Sidewalk (6 Inch) Sf 1,768 $ 60 $ 106,080
608 Concrete Curb Ramp Sf 45 $ 160 s 7,200
609 Vertical Curb and Gutter LF 2,386 $ 30 $ 71,580
609 Median Curb and Gutter (Spill) LF 26 $ so $ 1,300
609 Gutter Type 2 (8 Foot) LF 18 $ 75 $ 1,350
614 Sign Panel (Cass 1) SF 40.5 $ 25 $ 1,013
614 Sign Panel (Class 2) SF 7.5 $ 40 $ 298
614 Steel Sign Support (2-lnch Round) (Post & Socket) LF 149 $ 22 $ 3,278
625 Construction SUrveylns LS 1 $ 8,000 $ 8,000
626 MoblBzatlon LS 1 $ 40,000 $ 40,000
627 Pavement Marking Paint GAL 31 $ 80 $ 2,480
627 Thermoplastic Pavement Markins SF 203 $ 22 $ 4,466
627 Pre-formed Plastic-Pavement Markins SF 69 $ 35 $ 2,415
630 Traffic Control LS 1 $ 15,000 $ 15,000
Total $ 956,333
EXHIBIT 8-PHASE 2
COSTS.
11/20/2018 Exhibit C
Englewood Mclellan Reservoir Foundation
September 4, 2018
Al Peterson
Douglas County engineering Department
1 00 Third Street
Castle Rock, CO 80104
RE: Highlands Ranch Filing 157 -Plaza Circle Phase II
Dear Al,
This letter is to indicate that the Englewood Mclellan Reservoir Foundation,
acting through the City of Englewood, has appropriated or allocated funds in
our reserve for the Public Improvements associated with this project for
$965,131.00 as per Engineer's Opinion of Cost. The Englewood Mclellan
Reservoir Foundation requests a waiver of the requirement in the PIA for a
letter of credit for the proposed Public Improvements.
In the event that the Foundation or the contractor on behalf of the Foundation
fails to comply with all permit conditions and criteria, or receives a violation
notice of noncompliance for the project, the County may exercise the right to
revoke the waiver of requiring fiscal security. The Foundation will be required
to submit security to the County before any Stop Work Order is rescinded or
any further work may commence on the project site.
Sincerely,
Thomas J. Brennan, PE
President of Englewood Mclellan Reservoir Foundation
!000 Englewood Parkway
Englewood, CO 80110
303-762-2654
EXHIBIT C
Englewood Mclellan Reservoir Foundation
1000 Englewood Parkway
Englewood, CO 80110
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