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HomeMy WebLinkAbout2020 Ordinance No. 021 1 BY AUTHORITY ORDINANCE NO. 21 COUNCIL BILL NO. 20 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) “AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CITY OF ENGLEWOOD” - AGREEMENT NO. 20-02.11 PROJECT NO. 108025, BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the District in a policy statement previously adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; WHEREAS, the District has previously established a Work Program for 2020 (Resolution No. 64, Series of 2019) which includes master planning; WHEREAS, the Parties now desire to proceed with development of a Drainage Way Master Plan report for the City of Englewood (hereinafter called "Project"); WHEREAS, the District’s Board of Directors has authorized District financial participation for Project (Urban Drainage and Flood Control District - Resolution No. 45, Series of 2020); WHEREAS, the Parties desire to acquire mapping needed to conduct the engineering studies for Project; WHEREAS, the Parties desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and recommend design solutions to such drainage problems for Project which are in the best interest of Parties; WHEREAS, the cost of the master plan is $200,000 dollars with Englewood’s share being $100,000 dollars, and coming from the Storm Water Fund 42-1607-54201 – Professional Services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement Regarding Funding of Major Drainage Way Planning for City of Englewood – Agreement No. 20-01.11 Project No. 108025, between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E 2 Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the agreement regarding Funding of Major Drainage Way Planning for the City of Englewood, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Introduced, read in full, and passed on first reading on the 18th day of May, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of May, 2020 Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of May, 2020 for thirty (30) days. Read by Title and passed on final reading on the 1st day of June, 2020. Published by Title in the City’s official newspaper as Ordinance No. 21, Series of 2020, on the 4th day of June, 2020 Published by title on the City’s official website beginning on the 3rd day of June, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk 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. 21, Series of 2020. Stephanie Carlile DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 1 AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CITY OF ENGLEWOOD Agreement No. 20-02.11 Project No. 108025 Agreement Amount $200,000 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter ENGLEWOOD shall be known as "PROJECT SPONSOR" and DISTRICT and PROJECT SPONSOR shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; and WHEREAS, DISTRICT has previously established a Work Program for 2020 (Resolution No. 64, Series of 2019) which includes master planning; and WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan report for the City of Englewood (hereinafter called "PROJECT"); and WHEREAS, DISTRICT’s Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No. 45, Series of 2020); and WHEREAS, PARTIES desire to acquire mapping needed to conduct the engineering studies for PROJECT; and WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and recommend design solutions to such drainage problems for PROJECT which are in the best interest of PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. PROJECT AREA DISTRICT shall engage an engineer and obtain mapping as needed to perform or supply necessary services in connection with and respecting the planning of PROJECT of the area and watershed shown on the attached Exhibit A dated March 26, 2020 (hereinafter called "AREA"). 3. SCOPE OF PROJECT The purpose of PROJECT is to develop a drainageway master plan, including hydrologic information and the locations, alignments, and sizing of storm sewers, channels, detention/retention basins, and other facilities and appurtenances needed to provide efficient stormwater drainage DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 2 within AREA. The proposed work shall include, but not be limited to, mapping; compilation of existing data; necessary field work; and development and consistent evaluation of all reasonable alternatives so that the most feasible drainage and flood control master plan can be determined and justified for AREA. Consideration shall be given to costs, existing and proposed land use, existing and proposed drainage systems, known drainage or flooding problems, known or anticipated erosion problems, stormwater quality, right-of-way needs, existing wetlands and riparian zones, open space and wildlife habitat benefits, and legal requirements. Schematic alternative plans shall be developed such that comparison with other alternatives can be made. Drainage system planning shall be done in three phases by the engineer engaged by DISTRICT, culminating in a drainage master plan report. During the first phase, the selected engineer shall perform all data gathering and modeling needed to prepare the baseline hydrology section of the master plan report containing an introduction, study area description and hydrologic analysis description. During the second phase, the engineer shall perform all studies and data gathering needed to prepare the alternatives analysis sections of the master plan report containing a hydraulic analysis discussion, schematics of alternatives developed and their costs along with a discussion of the pros and cons of each alternative and a recommended plan. A single alternative will be selected by PARTIES after the review and evaluation of the alternatives analysis report. During the third phase, the engineer shall be directed to prepare a conceptual design for the selected alternative and prepare the conceptual design section of the master plan report. 4. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 5. PROJECT COSTS PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be limited to, mapping, master planning, and contingencies mutually agreeable to PARTIES. Project costs are estimated not to exceed $200,000. 6. FINANCIAL COMMITMENTS OF PARTIES PARTIES shall each contribute the following percentages and maximum amounts for PROJECT costs as defined in Paragraphs 5: Master Plan Maximum Percentage Share Contribution DISTRICT 50.00% $100,000 ENGLEWOOD 50.00% $100,000 TOTAL 100.00% $200,000 Each PARTY’S payment obligation, whether direct or contingent, extends only to funds appropriated annually by each PARTY’S governing body, paid into the treasury of that PARTY, and encumbered for the purpose of this AGREEMENT. Each PARTY does not by this Agreement DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 3 irrevocably pledge present cash reserves for payment or performance in future fiscal years. This Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of each PARTY. 7. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (CITY - $100,000; DISTRICT - $100,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 8. PROJECT MAPPING Upon execution of this Agreement DISTRICT will solicit priced proposals for mapping services and engage the mapping firm submitting the lowest priced proposal that is also judged by DISTRICT to be responsible and qualified to perform the work. DISTRICT reserves the right to reject any proposal and to waive any formal requirements during the evaluation of the proposals. DISTRICT will administer the contract with the mapping firm. The mapping services contracted by DISTRICT will provide for topographic mapping at a two-foot contour interval and a scale of 1-inch = 100-feet. 9. MASTER PLANNING Upon execution of this Agreement, PARTIES shall select an engineer mutually agreeable to PARTIES. DISTRICT, with the approval of PROJECT SPONSOR, shall contract with the selected engineer, shall administer the contract, and shall supervise and coordinate the planning for the development of alternatives and of conceptual design. 10. PUBLISHED REPORTS AND PROJECT DATA DISTRICT will provide to PROJECT SPONSOR access to the draft and final electronic report files. DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 4 Upon completion of PROJECT, electronic files of all mapping, drawings, and hydrologic and hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to PROJECT SPONSOR upon request. 11. TERM OF THE AGREEMENT The term of this Agreement shall commence upon the execution by all PARTIES and shall terminate two years after the final master planning report is delivered to DISTRICT and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 7 herein. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for PROJECT SPONSOR shall be the Capital Projects Administrator, 1000 Englewood Parkway, Englewood, CO 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT- related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or PROJECT SPONSOR. Said representatives shall have the authority for all approvals, authorizations, notices, or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with PROJECT SPONSOR the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from PROJECT SPONSOR needed to complete PROJECT in a timely manner. PROJECT SPONSOR agrees to review all draft reports and to provide comments within 21 calendar days after the draft reports have been provided by DISTRICT to PROJECT SPONSOR. PROJECT SPONSOR also agrees to evaluate the alternatives presented in the alternatives analysis sections of the report, to select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar days after the alternatives analysis report is provided to PROJECT SPONSOR by DISTRICT. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 5 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where the Project is located. 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at PROJECT SPONSOR’s sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist PROJECT SPONSOR as needed and appropriate. 23. GOVERNMENTAL IMMUNITIES The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any PARTY of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 6 24. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified on the basis of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agrees to insert the foregoing provision in all subcontracts hereunder. 25. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of PROJECT SPONSOR and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of PROJECT SPONSOR and/or DISTRICT. 26. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than PROJECT SPONSOR or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 27. ILLEGAL ALIENS A. PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: 1. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 2. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5- 101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. 3. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. 4. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that fails to certify to CONTRACTOR that it shall not knowingly employ or contact with an illegal alien to perform work under this Agreement. 5. CONTRACTOR shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E-Verify Program. 6. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while performing its obligation DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 7 under this Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal requirements related to use of the E-Verify Program including, by way of example, all program requirements related to employee notification and preservation of employee rights. 7. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontracctor performing work under this Agreement knowingly employs or contract with an illegal alien, it will notify such subconsultant or subcontractor and PARTIES within three (3) days. CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three (3) days after such notice the subconsultant or subcontractor does not stop employing or contracting with the illegal alien, unless during such three (3) day period the subconsultant or subcontractor provides information to establish that the subconsultant or subcontractor has not knowingly employed or contracted with an illegal alien. 8. CONTRACTOR shall comply with any reasonable request made in the course of an investigation by the Colorado Department of Labor and Employment under authority of § 8-17.5-102(5), C.R.S 9. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, affirms that it has examined the legal work status of such employees, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES. 28. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Colorado Uniform Electronic Transactions Act, §§ 24-71.3-101-121, C.R.S. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Agreement No. 20-02.11 Project No. 108025 8 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director Date CITY OF ENGLEWOOD Name Title Date DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E Linda Olson 6/2/2020 Mayor AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CITY OF ENGLEWOOD Agreement No. 20-02.11 Project No. 108025 Agreement Amount $200,000 DocuSign Envelope ID: C64C2267-1875-4A57-A5C7-3797A9612F6E