HomeMy WebLinkAbout2017 Ordinance No. 044ORDINANCE NO. 44
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 44
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 A VENUE
AGREEMENT NO. 11-07.25F 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
RIVERRUN 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 define the
responsibilities and financial commitments of all of the parties; 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. 11-07.25); 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. 11-07.258" 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
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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 Avenue" (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 additional funding for final design to
increase the level of funding by $3,020,000, by the passage of Ordinance No. 43, Series
of 2015; 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
RiverRun Project; and
WHEREAS, the Englewood City Council authorized an amendment to the
Intergovernmental Agreement entitled "Amendment to Agreement Regarding
Construction of Drainage and Flood Control Improvements For South Platte River At
Oxford Avenue -Agreement No. l l-07.25D" amending funding for the River Run
Project and formalized the 2016 funding of $1,025,000 to the River Run Project from the
City of Englewood.
WHEREAS, the Englewood City Council authorized an amendment to the
Intergovernmental Agreement "Amendment to Agreement Regarding Construction of
Drainage and Flood Control Improvements for South Platte River At Oxford A venue -
Agreement No. l l-07.25E".
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.
l l-07.25F" amending and approving further funding for the River Run Project.
WHEREAS, the Colorado Water Conservation Board's ("CWCB") contribution for
design have been fulfilled and will no longer be a party to the Agreement; and
WHEREAS, the Parties now desire to add additional funding for construction of Phase
III River Improvements; and
WHEREAS, the City of Englewood now desires to increase the size of the West
Parking Lot and the additional cost is $70,000 .00 as set forth in the Project Costs and
Allocation of Costs in the attached amendment, attached hereto as Exhibit A.
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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. l 1-07.25F,
between Urban Drainage and Flood Control District, Board of County Commissioners
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 Avenue, 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. l l-07.25F, 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.
Read by Title and passed on final reading on the 17th day of July, 2017.
Published by Title in the City's official newspaper as Ordinance No. 44, Series of 2017,
on the 20th day of July, 2017.
Published by title on the City's official website beginning on the 19th day of July, 2017
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication fol ing final passage.
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. 44, Series of 2017.
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AMENDMENT TO
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLA TIE RIVER AT OXFORD AVENUE
Agreement No. 1 l-07.25F
THIS AGREEMENT, dated ,[j~ J7, 'l,0/] , by and between
URBAN DRAINAGE AND FLOOD CON OL DISTRICT (hereinafter called "DISTRICT"),
ARAPAHOE COUNTY (hereinafter called "COUNTY"), CITY OF ENGLEWOOD (hereinafter called
"ENGLEWOOD"), CITY OF SHERIDAN (hereinafter called "SHERIDAN"), SOUTH SUBURBAN
PARK 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 11Agreement 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 A venue"
(Agreement No. l 1-07.25A) 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. 11-07.25C) dated December 3, 2015; and
WHEREAS, CWCB's contribution for design have been fulfilled and will no longer be party to the
Agreement; and
WHEREAS, PARTIES now desire to add additional funding for construction of Phase Ill River
Improvements; and
WHEREAS, ENGLEWOOD now desires to increase the size of the West Parking Lot and the
additional cost is $70,000; and
WHEREAS, PARTIES desire to increase the total level of funding by $1,404,000; and
WHEREAS, DISTRICT's Board of Directors reviewed and authorized expenditures for the 2017
South Platte River Work Program (Resolution No. 55, Series of2016); and
WHEREAS, the County Commissioners of COUNTY, the City Council of SHERIDAN and
ENGLEWOOD, and 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:
1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows:
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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:
1. Final design
2. Construction of improvements;
3. Contingencies mutually agreeable to PARTIES.
B. It is understood that PROJECT costs as defined above are not to exceed $13,001,000
without amendment to this Agreement.
C.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AS AMENDED PREVIOUSLY
AMENDED
I. Final Design $ 1,470,000 $1,470,000
2. Construction 11,531,000 10,127,000
3. Contingency -0--0-
Grand Total $13,001,000 $11 ,597,000
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 27.28% $2,847,000 $ 700,000 $3,547,000
CWCB 1.15% $ 149,000 $ -0-$ 149,000
COUNTY 35.77% $4,091,000 $ 559,000 $4,650,000
SHERIDAN 10.19% $1,250,000 $ 75,000 $1,325,000
ENGLEWOOD 13.42% $1,675,000 $ 70,000 $1,745,000
SSPR 12 .19% $ 1,585,000 $ -0-$ 1,585,000
TOTAL 100.00% $11,597 ,000 $1,404,000 $13,001,000
The City of Englewood contribution to the project is $130,000 directly contracted
with CONSUL TANT to design the Broken Tee Trailhead located on the northeast
comer of Oxford A venue and the South Platte River.
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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.
Payment of each party's full share(CWCB-$149,000, COUNTY -$4,650,000, SHERIDAN
-$1,325,000, ENGLEWOOD-$1,745,000; SSPR-$1,585,000; DISTRICT-$3,547,000)
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 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 terms 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.
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ____________ _
Name Executive Director
Title ___________ _
For the Board of County Commissioners
ARAPAHOE COUNTY
By: ______________ _
Authorization pursuant to Resolution 150211
Title: Director, Open Space and Intergovernmental Relations
(SEAL)
ATTEST:
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CITY OF SHERIDAN
(SEAL)
ATTEST:
\dcm\ogrmnt\l l\11072SE
By ____________ _
Title ___________ _
Date ___________ _
5
ITY OF ENGLEWOOD
(SEAL)
ATT~
\dcm\agnnnt\l l\110725E 6
(SEAL)
ATTEST:
\dcm\agrmnt\11\11072SE 7
SOUTH SUBURBAN PARK AND
RECREATION DISTRICT
By ___________ _
Title. ___________ _
Date ___________ _