HomeMy WebLinkAbout2017 Ordinance No. 041ORDINANCE NO. 41
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 42
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
(IGA) "AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR
BIG DRY CREEK DIVERSION PIPELINE" -AGREEMENT NO.17-05.17
PROJECT NO.100327, BETWEEN THE URBAN DRAINAGE ANO FLOOD
CONTROL DISTRICT AND THE CITY OF ENGLEWOOD.
WHEREAS, the citizens of the City of Englewood have expressed a desire for softer
water for their consumptive use; and
WHEREAS, currently the City's water intake is located downstream of where Big Dry
Creek intersects with the South Platte River; and
WHEREAS, waters carried by Big Dry Creek directly impact the hardness and quality of
the water the City diverts for consumptive use, and creates treatment issues at the Allen
Filter Plant; and
WHEREAS, to mitigate these impacts, the City studied adding a softness process to
address the hardness issue, which would have had capital costs as well as operating and
maintenance costs over the life of the softness process; and
WHEREAS, during the study surrounding the softness process, decades old plans
were discovered showing a diversion structure and pipe that would intercept the flows of
Big Dry Creek and divert them around the City's Union Avenue Intake; and
WHEREAS, in 2015 Mclaughlin Whitewater was retained to perform a preliminary
design and permitting process resulting in producing the required permits from the US
Army Corps of Engineers, Federal Emergency Management Agency, and approval for the
Colorado Water Conservation Board; and
WHEREAS, a preliminary design of the diversion structure and completed diversion
pipeline design have been completed as well as a hydropower vault to provide for the
generation of electricity for future bike path illumination; and
WHEREAS, Urban Drainage and Flood Control District (UDFCD) is already on site
engaged in the construction of Phase II of the River Run project; and
WHEREAS, UDFCD has been using Naranjo Civil Constructors in all three phases of
the River Run Project, due to their competitive pricing and the fact that they are a premier
contractor for this type of diversion pipeline work; and
WHEREAS, the entire cost of the diversion will be $400,000.00 and will be fully funded
by the 2013 Denver Water settlement which stipulates that the funds be used to alleviate
water hardness; and
WHEREAS, the passage of this Ordinance authorizes an Intergovernmental Agreement
for the Urban Drainage and Flood Control District to construct the Big Dry Creek Diversion
Pipeline and hydropower vault construction.
WHEREAS, no Federal or State funds will be used in this project.
NOW, THEREFORE, BE 1T 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 Construction Of Improvements for Big Dry
Creek Diversion Pipeline -Agreement No. 17-05.17 Project No. 100327, between the
Urban Drainage and Flood Control District and the City Of Englewood, attached hereto
as Exhibit 1.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the
Intergovernmental Agreement Regarding Construction of Improvements for Big Dry Creek
Diversion Pipeline, 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 19th day of June, 2017.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd
day of June, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the 21st
day of June, 2017 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of July, 2017.
Published by Title in the City's official newspaper as Ordinance No. 41, Series of 2017,
on the 6th day of July, 2017.
Published by title on the City's official website beginning on the 5th day of July, 2017 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after ing final passage.
ATTEST:
2
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. 41, Series of 2017.
~eCarlile
3
AGREEMENT REGARDING
CONSTRUCTION OF IMPROVEMENTS
FOR BIG DRY CREEK DIVERSION PIPELINE
CITY OF ENGLEWOOD
Agreement No. 17~05.17
ProjectNo. 100327
Exhibit A
nns AGREEMENT, dated J,.11 3 1 2,0 l'7 , by and between
URBAN DRAINAGE AND FLOOD CONTROL~ TRI CT (hereinafter called "DISTRICT") and CITY
OF ENGLEWOOD (hereinafter called 11ClTY11) and collectively known as "PARTIES";
WITNESSETH:
WHEREAS, DISTRlCT, in a policy statement previously adopted, (Resolution No. 14, Series of
1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have
heretofore enacted floodplain regulation measures; and
WHEREAS, PARTIES have identified a stormwater need and now desire to proceed with
construction of improvements for Big Dry Creek Diversion Pipeline (hereinafter called "PROJECT"); and
WHEREAS, the City Council of CITY has authorized, by appropriation or resolution, all of
PROJECT costs.
I.
2.
3.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
SCOPE OF PROJECT
PROJECT shall include construction by DISTRICT of the improvements as set forth in the final
design including vegetation establishment Project limits are as shown on Exhll>it A.
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 DISTRICT and the property therein.
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and
be limited to the following:
l. Construction of improvements;
2. Contingencies mutually agreeable to PARTIES.
B. It is understood that total PROJECT costs as defined above are not to exceed $400,000
without amendment to this Agreement
\dc111\agrmnt\l 7\l 70517 I
5.
PROJECT costs for the various elements of the effort are estimated as follows:
rrnM
1. Construction
Total
AMOUNT
$400,000
$400,000
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, if applicable.
C. Based on the flood control construction PROJECT costs, the maximum percent and dollar
contribution by each party shall be:
Percentage Maximum
Share Contribution
DISTRICT 0.00% $ -0-
CITY 100.00% $400,000
TOTAL 100.00% $400,000
MANAGEMENT OF FINANCES
CITY will pay 100% of the costs of the construction improvements. Cost shall not exceed
maximum amount of approved funds without CITY approval.
6. FINAL DESIGN
The design of PROJECT has been provided by CITY.
7. MANAGEMENT OF CONSTRUCTION
A. Costs. Construction costs shall consist of those costs as incurred by the most qualified
contractor(s) including detour costs, licenses and permits, utility relocations, and
construction related engineering services as defined in Paragraph 4 of this Agreement.
B. Construction Management and Payment
1. DISTRJCT, with the concurrence of CITY, shall administer and coordinate the
construction-related work as provided herein.
2. DISTRICT, with concWTence of CITY, shall select and award construction
contract(s).
3. DISTRICT shall require the contractor to provide adequate liability insurance that
includes CITY. The contractor shall be required to indemnify CITY. Copies of the
insurance coverage shall be provided to CITY.
4. DISTRJCT, with assistance of CITY, shall coordinate field surveying; staking;
inspection; testing; acquisition of right-of-way; and engineering as required to
construct PROJECT. DISTRJCT, with assistance of CITY, shall assure that
construction is performed in accordance with the construction contract documents
including approved plans and specifications and shall accurately record the quantities
\dcm\agrmnt\17\170S 17 2
8.
and costs relative thereto. Copies of all inspection reports shall be furnished to
COUNTY on a weekly basis.
5. PARTIES shall have access to the site during construction at all times to observe the
progress of work and conformance to construction contract documents including plans
and specifications.
6. DISTRICT shall review and approve contractor billings. DISTRICT shall remit
payment to contractor based on billings.
7. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or
work orders to the contract documents.
8. PARTIES shall jointly conduct a final inspection and accept orreject the completed
PROJECT in accordance with the contract documents.
C. Construction Change Orders. In the event that it becomes necessary and advisable to change
the scope or detail of the work to be performed under the contract(s), such changes shall be
rejected or approved in writing by the contracting officers. No change orders shall be
approved that increase the costs beyond the funds available in the PROJECT fund, unless
and until the additional funds needed to pay for the added costs are committed by all
PARTIES.
MAINTENANCE
PARTIES agree that CITY shall own and be responsible for maintenance of the completed and
accepted PROJECT.
DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times
for observation of flood control facility conditions and for maintenance when funds are available.
9. TERM OF AGREEMENT
The term of this Agreement shall commence upon final execution by all PARTIES and shall
terminate after the final payment is made to the construction contractor
10. 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.
11. CONTRACTING OFFICERS AND NOTICES
A. The contracting officer for CITY shall be the Director of Utilities, l 000 Englewood
Parkway, Englewood, Colorado 80110.
B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
A venue, Suite 156B, Denver, Colorado 80211.
C. Any notices, demands or other communications required or permitted to be given by any
provision of this Agreement shall be given in writing, delivered personally or sent by
registered mail, postage prepaid and return receipt requested, addressed to PAR TIES at the
addresses set forth above or at such other address as either party may hereafter or from time
to time designate by written notice to the other party given when personally delivered or
\dctn\agrmllt\17\170517 3
mailed, and shall be considered received in the earlier of either the day on which such notice
is actually received by the party to whom it is addressed or the third day after such notice is
mailed.
D. 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 CITY. 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.
12. AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid
and binding.
13. 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
14. 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 PROJECT is located.
15. 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.
16. 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.
17. 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 Jaws of the State of Colorado.
18. TERMINATION OF AGREEl'vlENT
This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but
only if there are no contingent, outstanding contracts. If there are contingent, outstanding
\dcm\agrmnt\17\170517 4
contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and
only 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 and subject to the maximum amount of each party's contribution as set
forth herein.
19. EMPLOYMENT STATUS
This Agreement shall not change the employment status of any employees of PARTIES. No party
shall have the right to control or direct the activities of any employees of another related to this
Agreement
20. PUBLIC RELATIONS
It shall be at CITY'S sole discretion to initiate and to cany 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. In any event DISTRICT shall have no responsibility for a public relations program, but
shall assist COUNTY as needed and appropriate.
21. 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 because of race, color, ancestry, creed, religion, national origin, gender,
age, military status, sexual orientation, marital status, or physical or mental disability and further
agree to insert the foregoing provision in all subcontracts hereunder.
22. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY
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 CITY and/or DISTRICT.
23. NO TIIlRD 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 any one of PARTIES receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
24. ILLEGAL ALIENS
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: 11The contractor
certifies, warrants, and agrees that the contractor does not knowingly employ or contract with an
illegal alien who will perform work under this Agreement and will confirm the employment
eligibility of all employees who are newly hired for employment to perform work under this
\dcm\agrmnt\17\170517 5
Agreement, through participation in the United States Department of Homeland Security and the
Social Security Administration E-V erify Program or the Colorado Department of Labor and
. -
Employment (COLE) program established pursuant to 8-17.5-102 (5)(c) C.R.S. The contractor
shall not lmowingly employ or contract with an illegal alien to perform work under this Agreement
or enter into a subcontract with a subcontractor that fails to certify to the contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
Agreement. The contractor shall (a) not use the E-Verify Program or the CDLE program
established pursuant to 8-17.5-102 (5)(c) C.R.S., to undertake pre-employment screening of job
applicants while this Agreement is being performed, (b) notify the subcontractor and DISTRICT
within three days if the contractor has actual lmowledge that a subcontractor is employing or
contracting with an illegal alien for work under this Agreement, ( c) terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) comply with the reasonable request made in the course of an
investigation, undertake pursuant to 8-17.5-102 (5)(c) C.R.S, by the COLE. If the contractor
participates in the CDLE program. the contractor shall, within twenty days after hiring an
employee who is newly hired for employment to perform work under this Agreement, deliver to
DISTRICT a written, notarized affirmation, affirming that the contractor has examined the legal
work status of such employee, 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. If the
contractor fails to comply with any requirement of this Section or 8-17.5-101 et seq. C.R.S,
DISTRICT may terminate this Agreement for breach and, if so terminated, the contractor shall be
liable for actual and consequential damages.
DISTRICT shall notify the Colorado Office of the Secretary of State if the contractor violates this
Section and DISTRICT terminates this Agreement for such a breach.
The contractor aclmowledges that the COLE may investigate whether the contractor is complying
with this Section of the Agreement. This may include on-site inspections and the review of
documentation that proves the citizenship of any person performing work under this Agreement
and any other reasonable steps necessary to determine compliance with the provisions of this
Section."
25. EXECUTION IN COUNTERPARTS-ELECTRONIC SIGNATURES
This Agreement, and all subsequent documents requiring the signatures of PAR TIES 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 PAR TIES to this Agreement. Only the following two fonns 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
\dcm\agnnnt\17\170517 6
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 Uniform Electronic Transactions Act, CRS §§
24-71.3-101 to -121.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written.
Checked By
\dcm\agrmnt\17\170517 7
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ____________ _
Name Ken A. MacKenzie
Title Executive Director
CITY OF ENGLEWOOD
By ____________ _
Name JoJ, J~IS())v
Title m 4':F'
. . . . . . . . . . . . ' . . . . . . .
AGREEMENT REGARDING
CONSTRUCTION OF IMPROVEMENTS
FOR BIG DRY CREEK DIVERSION PIPELINE
CITY OF ENGLEWOOD
Agreement No. 17-05.17
Project No. 100327
Exhibit A
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