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HomeMy WebLinkAbout2016 Ordinance No. 008ORDINANCE NO. <j' SERIES OF 2016 BY AUTHORITY COUNCIL Bil,L NO. 6 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) "AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS" - AGREEMENT NO. 16-01.17 PROJECT NO. 105987, BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the quality of stormwater runoff has direct impacts on our lakes and streams; and WHEREAS, polluted waters hurt stream health and limit recreation opportunities for the surrounding community; and WHEREAS, increased flows from urbanization threaten stability of streams and result in additional maintenance efforts; and WHEREAS, to mitigate these impacts, communities arc charged with ensuring that post­ construction stormwater best management practiced (BMP's) are constructed and maintained properly; and WHEREAS, Urban Drainage and Flood Control District (UDFCD) assists with this effort by monitoring various BMPs to determine the efficiency of pollutant removal and stormwater reduction; and WHEREAS, the RivcrRun Trailhead site located at Broken Tee Golf Course in Sheridan, Colorado is an ideal research site due to its high visibility and the configuration of the bioretention basin and will provide a field test for new growing media specified in the USDCM; and WHEREAS, the visibility of the site will provide public awareness component to the importance of stormwater quality and serve as a good example of how to integrate stormwater quality within the landscape; and WHEREAS, the Urban Drainage and Flood Control District is authorized to provide funding support of municipal stormwater activities (Resolution No. 61, Series of 2015) for calendar year 2016, which includes funds for the design, construction, continued field testing and the development of design guidance of stormwater best management practices for use in this i-egion; and WHEREAS, no Federal or City funds will be used for this project, it is fully funded by the UDFCD;and 1 WHEREAS, the passage of this ordinance authorizes an intergovernmental agreement for funding of Bioretention Demonstration Project for Stormwater Quality and Quantity Data Gathering and Analysis and specifies Urban Drainage and Flood Control District in providing all instrumentation, personnel and equipment necessary to monitor stormwater for a minimum of 10 years. NOW, TIIEREFORE, 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 Bioretention Demonstration Project for Stormwater Quality and Quantity Data Gathering and Analysis -Agreement No. 16-01.17 Project No. 105987, between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the Agreement Regarding Funding ofBioretention Demonstration Project for Stormwater Quality and Quantity Data Gathering and Analysis, 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 1st day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of February, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of February, 2016 for thirty (30) days. Read by title and passed on final reading on the 16th day of February, 2016. Published by title in the City's official newspaper as Ordinance No. 8', Series of 2016, on the 18th day of February, 2016. Published by title on the City's official website beginning on the 171ll day of February, 2016 for thirty (30) days. ATTEST:Joe Jefferson, Mayor 2 I, Loucrishia A. Ellis, 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.$, Series of 2016 . 3 AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16�01.17 Project No. 105987 THIS AGREEMENT, made this ____ day of _______ __, 2016, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"}, and CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter DISRICT and ENGLEWOOD shall be collectively known as "PARTIES''); WITNESSETH THAT: WHEREAS, DISTRICT is authorized to provide funding s�pport of municipal stormwater activities (Resolution No. 61, Series of2015) for calendar year 2016, which includes funds for the design, construction, continued field testing and the development of design guidance of stormwater best management practices (BMPs) for use in this region; and WHEREAS, ENGLEWOOD is constructing a bioretention best management practice (BMP) and is willing to work with DISTRICT to provide facilities necessary for DISTRICT to gather stonnwater quality and quantity data relating to the BMP such that its effectiveness as a stonnwater BMP may be quantified (hereinafter called 11 PROJECT"). NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: I.SCOPE OF PROJECT 2. ENGLEWOOD and DISTRICT will work together to produce mutually acceptable construction drawings and specifications for a bioretention BMP. ENGLEWOOD shall construct PROJECT in conformance with the construction drawings and specifications. ENGLEWOOD shall allow DISTRICT access to the area of the BMP, access to pipe outfalls, forebay, and all other components related to the BMP and monitoring equipment for a period ofno less than ten (10) years. DISTRICT shall pay ENGLEWOOD for the construction offeatures requested by DISTRICT for the purpose of monitoring, and shall provide all instrumentation, personnel, and other resources necessary to monit or stonnwater quality and quantity associated with the ENGLEWOOD BMP for a period often (10) years within DISTRICT funding constraints. DISTRICT shall provide maintenance consisting of the items described in Exhibit A for the time period that DISTRICT monitors the BMP. COSTS PARTIES agree that for the purposes of this Agreement project costs shall consist of, and be limited to, services in support of Paragraph 1: SCOPE OF PROJECT and related services and contingencies mutually agreeable to PAR TIES. 3.MANAGEMENT OF FINANCES (Section intentionally omitted) plan\Agrecmcnt\16\160117 l 4. 5. 6. 7. TERM OF THE AGREEMENT The term of this Agreement shall commence upon fmal execution by PARTIES and shall terminate ten (10) years after the final execution by all PARTIES and after the final accounting of funds is provided to PARTIES pursuant to Paragraph 3 herein. LIABILITY Each PAR TY 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. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendment s to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 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. 8.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. 9.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. 10.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. 11.ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in Jaw or in equity, by decree of specific perfonnance 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. 12.TERMINATION OF AGREEMENT This Agreement may be terminated only upon agreement of PARTIES, 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 and subject to the maximum amount of each PARTY's contribution as set forth herein. plan\Agreement\16\160117 2 13.NO DISCRIMINATION IN EMPLOYMENT In connection with the perfonnance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compens ation against any person otherwise qualified on the basis of race , color, ancestry, creed, religion, national origin, gender, ag e, military status, sexual orientation. marital status, or physical or mental disability and further agrees to insert the foregoing provision in all subcontracts hereunder. 14.APPROPRlA TIONS Notwithstanding any other tenn, condition, or provision herein, each and every obligation of ENGLEWOOD 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 ENGLEWOOD and/or DISTRICT. 15.NOTHIRDPARTYBENEFICIARIES 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 nothin g 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 p erson or party other than ENGLEWOOD or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written. (SEAL) ATTEST: (SEAL) ATTEST: plan\Agreement\16\ 160117 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Signature. __________ _ Printed Name Pau l A. Hindman Title Executive Director CITY OF ENGLEWOOD Signature. __________ _ Printed Name _________ _ Title:__ ___________ _ AGREEMENT REGARDING FUNDING OF BlORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16-01.17 Project No. 105987 Exhibit A Maintenance services provided by DISTRICT: •UDFCD will observe the condition of the forebay, basin. and outlet approximately 12 times per year and remove sediment and debris as determined appropriate by UDFCD. All sediment and debris removed from the facility will be properly disposed by UDFCD. •UDFCD will conduct infiltration tests approximately once per year over the period of monitoring. If drainage through the media is not adequate, UDFCD will work with CITY OF ENGLEWOOD to determine the appropriate solution and UDFCD will perform the required maintenance or repair including removal and replacement of media if necessary. •At the end of the period of monitoring, UDFCD will develop maintenance recommendations for ENGLEWOOD specific to PROJECT based on observation and practices implemented during the time of monitoring. Maintenance provided by UDFCD does not include maintenance of vegetation such as weeding, pruning. mowing, etc. AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16.01.17 ProjectNo. 105987 nns AGREEMENT, made this ____ day of _______ __, 2016, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT (hereinafter called "DISTRICT"), and CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter DISRICT and ENGLEWOOD shall be collectively known as "PARTIES'1; WITNESSETH THAT: WHEREAS, DISTRICT is authorized to provide funding support of municipal stonnwater activities (Resolution No. 61, Series of 2015) for calendar year 2016, which includes funds for the design, construction, continued field testing and the development of design guidance of stormwater best management practices {BMPs) for use in this region; and WHEREAS, ENGLEWOOD is constructing a bioretention best management practice (BMP) and is willing to work with DISTRJCT to provide facilities necessary for DISTRICT to gather stonnwater quality and quantity data relating to the BMP such that its effectiveness as a stonnwater BMP may be quantified (hereinafter called "PROJECT"). NOW, nIEREFORE, inconsideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1.SCOPE OF PROJECT ENGLEWOOD and DISTRICT will work together to produce mutually acceptable construction drawings and specifications for a bioretention BMP. ENGLEWOOD shall construct PROJECT in conformance with the construction drawings and specifications. ENGLEWOOD shall allow DISTRICT access to the area of the BMP, acc�s to pipe outfalls, forebay, and all other components related to the BMP and monitoring equipment for a period of no less than ten ( 10) years. DISTRICT shall pay ENGLEWOOD for the construction of features requested by DISTRICT for the purpose of monitoring, and shall provide all instrumentation, personnel, and other resources necessary to monitor stormwater quality and quantity associated with the ENGLEWOOD BMP for a period of ten (10) years within DISTRICT funding constraints. DISTRICT shall provide maintenance consisting of the items described in Exhibit A for the time period that DISTRICT monitors the BMP. 2.COSTS 3. PARTIES agree that for the purposes of this Agreement project costs shall consist of, and be limited to, services in support of Paragraph 1: SCOPE OF PROJECT and related services and contingencies mutually agreeable to PARTIES. MANAGEMENT OF FINANCES (Section intentionally omitted) phm\Agleeroent\16\160117 4. s. TERM OF TIIE AGREEMENT The tenn of this Agreement shall commence upon final execution by PARTIES and shall terminate ten (10) years after the final execution by all PARTIES and after the final accounting of funds is provided to PARTIES pursuant to Paragraph 3 herein. LIABILITY Each PAR TY 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. 6.AMEND:MENTS 7. 8. 9. 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. 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 pro visions shall be given full force and effect. 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 thi s Agreement shall be in the State of Colorado and venue for the same shall lie in the County where the Project is located ASSIGNABil..ITY No PARTY to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigningPARTY or PARTIES to this Agreement. 10.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. 11.ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific perfonnance 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. 12.TERMINATION OF AGREEMENT This Agreement may be tenninated only upon agreement of PARTIES, 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 and subject to the maximum amount of each PARTY's contribution as set forth herein. plan\Agr=cnt\16\160117 2 13.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. 14.APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of ENGLEWOOD 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 ENGLEWOOD and/or DISTRICT. 15.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 ENGLEWOOD or DISTRJCT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written. (SEAL) ATTEST: (SEAL) ATTEST: Loucrishia A. Ellis City Clerk plan\Agreement\16\160117 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Signature. __________ _ Printed Name Paul A. Hindman Title Executive Director CITY OF ENGLEWOOD Signature. __________ _ Printed Name Joe Jefferson Title. ___ --"M""a=-y..._o=r _____ _ AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16-01.17 Project No. 105987 Exhibit A Maintenance services provided by DISTRICT: •UDFCD will observe the condition oftbe forebay, basin, and outlet approximately 12 times per year and remove sediment and debris as detennined appropriate by UDFCD. All sediment and debris removed from the facility will be properly disposed by UDFCD. •UDFCD will conduct infiltration tests approximately once per year over the period of monitoring. If drainage through the media is not adequate, UDFCD will work with CITY OF ENGLEWOOD to determine the appropriate solution and UDFCD will perform the required maintenance or repair including removal and replacement of media if necessary. •At the end of the period of monitoring, UDFCD will develop maintenance recommendations for ENGLEWOOD specific to PROJECT based on observation and practices implemented during the time of monitoring. Maintenance provided by UDFCD does not include maintenance of vegetation such as weeding, pruning, mowing, etc . ...• · .... -:::- I. ,,. • L ! I , .d �: It L!-�·�"' : ... • -i r---...:.♦"' .... - lJDf"CO SMlRIDAK COLORADO • � t � I i '· .,_ �-I_ ,;, .. � I TQ L f j SOUTH PLA1TE RlrER RC� Pl Fl NAL Dt::SIGN f� : ..•f• ·"1 ., ' l• l • •. I t .. • f � i ' I l 'i ,C• :/ I I' ·, COUNCIL COMMUNICATION c1.9etlng Date: Agenda Item: Subject: ebruary 16, 2016 9bii Bioretention Demonstration Project RiverRun Trailhead-2"d Reading Initiated By: Staff Source: Department of Parks, Recreation and Dorothy Hargrove, Parks, Recreation and Library Director Library COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The development of parks and access to open space supports the City's mission to promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. PREVIOUS COUNCIL ACTION •No previous City Council Action •City Council strongly encourages protective environmental initiatives. RECOMMENDED ACTION Staff recommends City Council adopt a bill for an ordinance, on second reading, to approve an Intergovernmental Agreement between Urban Drainage and Flood Control District and the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The quality of stormwater runoff has direct impacts on our lakes and streams. Polluted waters hurt stream alth and limit recreation opportunities for the surrounding commun ity. Increased flows from urbanization aaten stability of streams and result in additional maintenance efforts. To mitigate these impacts, communities are charged with ensuring that post-construction stormwater best management practices (BMPs) are constructed and maintained properly. Urban Drainage and Flood Control District (UDFCD) assists with this effort by monitoring various BMPs to determine the efficiency of pollutant removal and stormwater reduction. Collecting these data helps UDFCD develop design criteria and recommend stormwater practices for implementation. UDFCD is actively monitoring stormwater BMPs at the Denver Botanic Gardens, a public school in Denver, the Denver Wastewater Management building, and in the right-of-way of a City of Lakewood neighborhood. UDFCD hopes to add two new sites in 2016. The RiverRun Trailhead site located at Broken Tee Golf Course in Sheridan, Colorado is an ideal research site due to its high visibility and the configuration of the bior etention basin. The site would provide a field test for new growing media specified in the USDCM. The visibility of the site will provide a public awareness component to the importance of stormwater quality and serve as a good example of how to integrate stormwater quality within the landscape. As a result this example pioneers greater appreciation and awareness for the way that water frts into Colorado's urban landscapes. The agreement specifies UDFCD will provide all instrumentation, personnel and equipment necessary to monitor stromwater for a minimum ten (10) years. No City or Federal Funds will be used in this project, and is fully funded by the UDFCD, hence there is no financial impact to the City. FINANCIAL IMPACT No financial impact to the City of Englewood ST OF ATTACHMENTS ·inance COUNCIL COMMUNICATION �eetlng Date:Agenda Item: Subject: ebruary 1, 2016 11aii Bioretention Demonstration Project RiverRun Trailhead Initiated By: Staff Source: Department of Parks, Recreation and Dorothy Hargrove, Parks, Recreation and Library Director Library Joe Sack, Recreation Services Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The development of parks and access to open space supports the City's mission to promote and ensu re a high quality of life, economic vitality, and a uniquely desirable community identity. PREVIOUS COUNCIL ACTION •No previous City Council Action •City Council strongly encourages protective environmental initiatives. RECOMMENDED ACTION Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental Agreement between Urban Drainage and Flood Control District and the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The quality of stormwater runoff has direct impacts on our lakes and streams. Polluted waters hurt stream ealth and limit recreation oppo rtunities for the surrounding community. Increased flows from urbanization eaten stability of streams and result in additional maintenance efforts. To mitigate these impacts, ommunities are charged with ensuring that post-construction stormwater best management practices (BMPs) are constructed and maintained properly. Urban Drainage and Flood Control District (UDFCD) assists with this effort by monitoring various BMPs to determine the efficiency of pollutant removal and stormwater reduction. Collecting these data helps UDFCD develop design criteria and recommend stormwater practices for implementation. UDFCD is actively monitoring stormwater BMPs at the Denver Botanic Gardens, a public school in Denver, the Denver Wastewater Management building, and in the right-of-way of a City of Lakewood neighborhood. UDFCD hopes to add two new sites in 2016. The RiverRun Trailhea d site located at Broken Tee Golf Course in Sheridan, Colorado is an ideal research site due to its high visibility and the configuration of the bior etention basin. The site would provide a field test for new growing media specified in the USDCM. The visibility of the site will provide a public awareness component to the importance of stormwater quality and serve as a good example of how to integrate stormwater quality within the landscape. As a result this example pioneers greater appreciation and awareness for the way that water fits into Colorado's urban landscapes. The agreement specifies UDFCD will provide all instrumentation, personnel and equipment necessary to monitor stromwater for a minimum ten (10) years. No City or Federal Funds will be used in this project, and is fully funded by the UDFCD, hence there is no financial impact to the City. FINANCIAL IMPACT No financial impact to the City of Englewood \ST OF ATT ACHMENTS dinance • I ' .