HomeMy WebLinkAbout2017 Ordinance No. 001•
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ORDINANCE NO. _j_
SERIES OF 2016/2017
BY AUTHORITY
COUNCIL BILL NO. 50
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN AMENDMENT TO AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH
PLATTE RIVER AT OXFORD AVENUE AGREEMENT NO . 11-07.25E BETWEEN THE CITY
OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT,
ARAPAHOE COUNTY, THE CITY OF SHERIDAN AND THE SOUTH SUBURBAN PARKS
AND RECREATION DISTRICT REGARDING RIVER RUN TRAILHEAD.
WHEREAS, the purpose of this Agreement is the construction of drainage and flood control
improvements for the South Platter River at Oxford Avenue ("Project"); and
WHEREAS, the implementation Agreement and this Amendment defines the financial
commitments and responsibilities of the parties regarding maintenance of the project; and
WHEREAS, the "Principles of Cooperation" Agreement outlines the implementation strategy
for the South Platte River at Oxford A venue improvement project with the goal of promoting a
healthy river in an attractive setting which creates a quality recreational experience; and
WHEREAS, in 2011 the Urban Drainage and Flood Control District and the Colorado Water
Conservation Board entered into an intergovernmental agreement entitled " Agreement
Regarding Construction of Drainage and Flood Control Improvements for South Platte River at
Oxford Avenue" (Agreement NO. I 1-07.25); and
WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water
Conservation Board and Arapahoe County entered into "Amendment to Agreement Regarding
Construction of Drainage and Flood Control Improvements for South Platte River at Oxford
Avenue -Agreement No. I 1-07.258" which added the City of Englewood, the City of Sheridan
and the South Suburban Parks and Recreation District as participants by the passage of
Ordinance No. 50, Series of 2014; and
WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water
Conservation Board and Arapahoe County entered into "Agreement Regarding Construction of
Drainage and Flood Control Improvements for South Platte River at Oxford A venue"
(Agreement No. 11 07.25C) in 2015; and
WHEREAS, the Englewood City Council authorized an amendment to the Intergovernmental
Agreement regarding the construction of drainage and flood control improvements for South
Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the
Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood, the
City of Sheridan and the South Suburban Parks and Recreation District as participants and added
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additional funding for final design to increase the level of funding by $3,020,000, by the passage
of Ordinance No. 43, Series of2015; and
WHEREAS, the Englewood City Council authorized an amendment to an Intergovernmental
Agreement entitled "Amendment to Agreement Regarding Construction of Drainage and Flood
Control Improvements For South Platte River At Oxford Avenue -Agreement No. 11-07.25D"
between the City of Englewood, Urban Drainage and Flood Control District, Arapahoe County,
City of Sheridan and the South Suburban Parks and Recreation District regarding River Run
Trailhead, by the passage of Ordinance No. 7, Series of 2016; and
WHEREAS, the County Commissioners, the City of Sheridan and the City of Englewood, the
Board of Directors of South Suburban Parks and Recreation District and the Urban Drainage and
Flood Control District have authorized, by appropriation or resolution, all of Project costs of the
respective Parties and establishing funding for the River Run Project; and
WHEREAS, the passage of this proposed ordinance approves an Intergovernmental
Agreement entitled "Amendment to Agreement Regarding Construction of Drainage and Flood
Control Improvements for South Platte River at Oxford Avenue -Agreement No. 11-07 .25E"
amending funding for the River Run Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes "Amendment
To Agreement Regarding Construction of Drainage And Flood Control Improvements For South
Platte River At Oxford Avenue" Agreement No. 11-07.25E, between Urban Drainage and Flood
Control District, Arapahoe County, City of Englewood, City of Sheridan and South Suburban Parks
and Recreation District regarding construction of drainage and flood control improvements for the
South Platte River at Oxford A venue, attached hereto as Exhibit A.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the "Amendment to
Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte
River at Oxford Avenue" Agreement No. 11-07 .25E, 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. Englewood
funds are from Open Space and Shareback funds.
Introduced, read in full, and passed on first reading on the 19th day of December, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of
December, 2016.
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Published as a Bill for an Ordinance on the City's official website beginning on the 21st day of
December, 2016 for thirty (30) days.
Read by title and passed on final reading on the 3rd day of January 2017.
Published by title in the City's official newspaper as Ordinance No. l__, Series of2016/2017,
on the 5th day of January, 2017.
Published by title on the City's official website beginning on the 4th day of
January, 2017 for thirty (30) days.
ATTEST:
I, Stephanie Carlile, Acting 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. J_, Series of 2016/2017 .
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AMENDMENT TO
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLATTE RIVER AT OXFORD AVENUE
Agreement No. 11-07.25E
THIS AGREEMENT, made this _____ day of _______ _, 2016, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
ARAPAHOE COUNTY (hereinafter called "COUNTY"), CITY OF ENGLEWOOD (hereinafter called
"ENGLEWOOD"), CITY OF SHERIDAN (hereinafter called "SHERIDAN"), SOUTH SUBURBAN
PARKS AND RECREATION DISTRICT (hereinafter called "SSPR"), and collectively known as
"PARTIES";
WITNESS ETH:
WHEREAS, DISTRICT and COLORADO WATER CONSERVATION BOARD (hereinafter
called "CWCB") have entered into "Agreement Regarding Construction of Drainage and Flood Control
Improvements for South Platte River at Oxford Avenue" (Agreement No. 11 ~07 .25) dated December 8,
2011; and
WHEREAS, DISTRICT, CWCB and COUNTY have entered into "Agreement Regarding
Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue"
(Agreement No. 11-07.25A) dated April 17, 2014, and
WHEREAS, DISTRICT, CWCB, COUNTY, ENGLEWOOD, SHERIDAN, and SSPR have
entered into "Agreement Regarding Construction of Drainage and Flood Control Improvements for South
Platte River at Oxford Avenue" (Agreement No. l l-07.25C) dated December 3, 2015; and
WHEREAS, CWCB's contribution for design have been fulfilled and will no longer will be party
to the Agreement; and
WHEREAS, PARTIES now desire to add additional funding for construction of Phase II East Bank
Trail Improvements and bring in grant reimbursement money from Phase I; and
WHEREAS, PARTIES desire to increase the level of funding by $2,885,000; and
WHEREAS, the County Commissioners of COUNTY, the City Council of SHERIDAN and
ENGLEWOOD the Board of Directors of SSPR and DISTRICT have authorized, by appropriation or
resolution, all of PROJECT costs of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
I. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows:
4. PROJECT COSTS AND ALLOCA Tl ON OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist
of and be limited to the following:
I. Final design
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A
B.
C.
2. Construction of improvements;
3. Contingencies mutually agreeable to PARTIES.
It is understood that PROJECT costs as defined above are not to exceed $11,097,000
without amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AS AMENDED PREVIOUSLY
AMENDED
l. Final Design $1,470,000 $1,470,000
2. Construction 9,627,000 6,742,000
3. Contingency -0--0-
Grand Total $11,097,000 $8,212,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the
total expenditures do not exceed the maximum contribution by all PARTIES plus
accrued interest.
Based on total PROJECT costs, the maximum percent and dollar contribution by each
party shall be:
Percentage Previously Additional Maximum
Share Contributed Contribution Contribution
DISTRICT 21.15% $2,347,000 $ -0-$2,347,000
CWCB 1.34% $ 149,000 $ -0-$ 149,000
COUNTY 36.87% $2,891,000 $1,200,000 $4,091,000
SHERIDAN 11.26% $ 900,000 $ 350,000 $1,250,000
ENGLEWOOD 15.09% $1,675,000 $ -0-$1,675,000
SSPR 14.29% $ 250,000 $1,335,000 $ 1,585,000
TOTAL 100.00% $8,212,000 $2,885,000 $11,097,000
The City of Englewood contribution to the project is $130,000 dir~ctly contracted
with CONSUL TANT to design the Broken Tee Trailhead located on the northeast
comer of Oxford Avenue and the South Platte River.
2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows:
5. 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 of2009), 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 Board approval.
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Payment of each party's full share (CWCB -$149,000, COUNTY -$4,091,000, SHERIDAN
-$1,250,000, ENGLEWOOD -$1,675,000; SSPR-$1,585,000; DISTRICT-$2,347,000)
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
wel I as a periodic notification to COUNTY 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.
3. All other tenns and conditions of Agreement No. 11-07 .25 shall remain in full force and effect.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written.
(SEAL)
ATTEST:
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UR.BAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ____________ _
Title Executive Director
Date -------------
For the Board of County Commissio ners
ARAPAHOE COUNTY
By: ________________ _
Authorization pursuant to Resolution 150211
Title: Director, Open Space and Intergovemental Relations
Date:, ________________ _
(SEAL}
ATTEST:
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CITY OF SHERIDAN
(SEAL)
ATTEST:
\dcm\agnnnt\l l\110725E
By ___________ _
Title ___________ _
Date ___________ _
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SEAL)
ATTEST:
s
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CITY OF ENGLEWOOD
Ma or
nate -----------
Acting City Clerk
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(SEAL)
ATTEST:
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SOUTH SUBURBAN PARKS AND
RECREATION DISTRICT
By ___________ _
Title, __________ _
Date -----------
• COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
Amendment To
January 3, 2017 9bi Agreement With Urban
Drainage and Flood
Control No.11-07.25E
Initiated By: Staff Source:
Department of Parks, Recreation and Dave Lee, Open Space Manager
Library
PREVIOUS COUNCIL ACTION
• Council Bill No. 5, Ordinance No. 7, Series of 2016 authorizing an amendment to an
agreement regarding construction of drainage and flood control improvements for the South
Platte River at Oxford Avenue Agreement No. 11-07.250 between the City of Englewood,
Urban Drainage and Flood Control District, Arapahoe County, City of Sheridan and the
South Suburban Parks and Recreation District regarding River Run Trailhead.
• Council Bill No . 48, Ordinance No. 43, Series of 2015, authorizing an amendment to the
Intergovernmental Agreement regarding the construction of drainage and flood control
improvements for South Platte River at Oxford Avenue between the Urban Drainage and
Flood Control District, the Colorado Water Conservation Board and Arapahoe County by
adding the City of Englewood, the City of Sheridan and the South Suburban Parks and
Recreation District as participants.
• Resolution No. 87, Series of 2015, authorizing The City's Arapahoe County Open Space
grant application for the construction of the River Run Trailhead Phase II.
• Council Bill No. 25, Ordinance No. 27, series of 2015, authorizing an intergovernmental
agreement with Arapahoe County for the acceptance and use of Open Space grant funding
in the amount of $300,000 for the construction of the River Run Trailhead Phase I.
• Resolution No. 6, Series of 2015, authorizing The City's Arapahoe County Open Space
grant application for the construction of the River Run Trailhead Phase I.
• Council Bill No. 56, Ordinance No. 50, series of 2014, authorizing an Intergovernmental
Agreement regarding the construction of drainage and flood control improvements for South
Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the
Colorado Water Conservation Board and Arapahoe County by adding the City of
Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as
participants.
• Resolution No. 38, Series of 2014, authorizing $100,000 funding for River Run Project
support from Arapahoe County Open Space Fund .
• Council Bill No. 41, Ordinance No. 38, Series of 2011, authorizing an Intergovernmental
Agreement accepting the 201 O Riverside Park Planning grant between Arapahoe County
and the City of Englewood, Colorado.
• Resolution No. 89 Series of 2010, in support of the City's Arapahoe County Open Space
(ACOS) grant application for the Riverside Park Planning grant.
RECOMMENDED ACTION
Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental •
Agreement amending the previous agreement (Council Bill No. 5, Ordinance No. 7, series of
2016), which amended funding for the River Run Project.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Working Group is a consortium of interested parties whose goal is to make
improvements along the South Platte River. The intent is to provide better accessibility to the
river for recreational use. South Platte Working Group members include; City of Englewood,
City of Sheridan, City of Littleton, Arapahoe County, South Suburban Parks and Recreation
District, the Colorado Water Conservation Board, Urban Drainage and Flood Control District, the
Army Corp of Engineers and other interested parties.
The primary focus area for the City of Englewood has been the area between Union Avenue
and Oxford Avenue known as "River Run Project". Key projects in the area include a passive
walking/biking trail on the east side of the river, new kayak chutes in the river at Oxford Avenue,
channelization of the river for faster water flow, improvements for fishing and recreation access
and the development of the River Run Trailhead (northeast corner of Oxford Avenue and the
South Platte River) at Broken Tee Golf Course.
This agreement formalizes the next phase of funding in the amount of $11,097,000 for the
South Platte River Project from Urban Drainage, Arapahoe County, Englewood, Sheridan and
South Suburban Park District. This phase will construct additional river improvements, an east
side trail from Union to Oxford Avenues and additional access to the river.
FINANCIAL IMPACT
There is no financial impact to the City of Englewood for this amendment to the agreement.
Englewood previously contributed 15.09% as a percentage share toward the project or
$1,675,000.00. There are no additional funding contributions anticipated as evidenced in the
tables below from the Amendment to the Agreement.
ITEM AS AMENDED PREVIOUSLY
AMENDED
1. Final Design $1,470,000 $1,470,000
2. Construction 9,627,000 6,742,000
3. Contingency -0--0-
Grand Total $11,097,000 $8,212,000
• Percentage Previously Additional Maximum Share Contributed Contribution Contribution
DISTRICT 21.15% $2,347,000 $ -0-$2,347,000
CWCB 1.34% $ 149,000 $ -0-$ 149,000
COUNTY 36.87% $2,891,000 $1,200,000 $4,091,000
SHERIDAN 11.26% $ 900,000 $ 350,000 $1,250,000
ENGLEWOOD 15.09% $1,675,000 $ -0-$1,675,000
SSPR 14.29% $ 250,000 $ 1,335,000 $1,585,000
TOTAL 100.00% $8,212,000 $2,885,000 $11,097,000
LIST OF ATTACHMENTS
Ordinance