HomeMy WebLinkAbout2015 Ordinance No. 043•
ORDINANCE NO . .t2.
SERIES OF 2015
BY AUTIIORITY
COUNCil.. Bil..L NO. 48
INTRODUCEDBYCOUNCil..
MEMBER Gil..LIT
AN ORDINANCE AUTIIORIZING AN AMENDMENT TO AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH
PLATTE RNER AT OXFORD A VENUE AGREEMENT NO. 11-07.25C BETWEEN THE CITY
OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE
COLORADO WATER CONSERVATION BOARD, AND 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 Avenue 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. 11-07.25B" 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 Avenue" (Agreement No. 11 07.25C)
dated March 2, 2015; and
WHEREAS, the Colorado Water Conservation Board• s contribution for design have been
fulfilled and will no longer will be party to the Agreement; and
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WHEREAS, the Parties now desire to add additional funding for final design to increase the
level of funding by $3,020,000; 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 passage of this proposed ordinance approves an Intergovernmental Agreement
amending the previous Agreement (Ordinance No. 50, Series of2014) which established funding for
the River Run Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, TIIAT:
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. 11-07.25C, 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 hnprovements for South Platte River
at Oxford Avenue" Agreement No. 11-07 .25C, 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 5th day of October, 2015 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of
October, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of
October, 2015 for thirty (30) days.
Read by title and passed on final reading on the 19th day of October, 2015.
Published by title in the City's official newspaper as Ordinance No. :E, Series of 2015, on the
22nd day of October, 2015 .
Published by title on the City's official website beginning on the 21st day of
October, 2015 for thirty (30) days.
ATTEST:
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and fore~oj.gg is a true copy of the Ordinance passed on final reading and published by title as
Ordinance No.~ Series of 2015.
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AMENDMENT TO
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLATIE RIVER AT OXFORD AVENUE
Agreement No. 11--07.2SC
THIS AGREEMENT, made this _____ day of ______ ....J 201S1 by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
ARAPAHOE COUNTY (hereinafter called "COUNTY1 1
)1 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";
WITNESSETII:
WHEREAS. DISTRICT end COLORADO WATER CONSERVATION BOARD (hereinafter
called "CWCB") have entered into "Agreement Regarding Construction of Drainage end Flood Control
Improvements for South Platte River at Oxford Avenue" (Agreement No. 11-07.2S) dated December 8,
2011 ; and
WHEREAS, DISTRICT, CWCB and COUNTY have entered into "Agreement Regarding
Construction of Drainage end Flood Control Improvements for South Platte River at Oxford Avenue"
(Agreement No. 11-07.25B) dated April 171 2014; and
WHEREAS, DISTRICT, CWCB and COUNTY have entered into "Agreement Regarding
_____ Constructi~ of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue"
(Agreement No. 11 07.2SC) dated March 2, 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 final design; and
WHEREAS, PARTIES desire to increase tho level of funding by $3,020,000; end
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:
1. Paragraph 4. PROffiCT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows:
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
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X
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B
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A
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2. Construction of improvements;
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3. Contingencies mutually agreeabl<i to PARTIES.
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B. It is understood that PROJECT costi as defined abovo are not to exceed $6,112,000
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without aµiendment ~o this Agreement
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PROJECT costs for tho various elemonts of tho effort are estimated as follows! IImd . : ; . ' ' .. . . ... ' '. AS AMENDED AS PRBVIOUSU'
. . . . ' ..
AMENDBD
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1. Final Design $1,470,000 $900,000
2. Construction
<
... 4,642,900 2,192,000
3. Con~gcm~ '.:0--0-
·,
Grand. Total $6,112,~ $3,092,000.
'. ' .
This breakdown of costs is for estimating pwposqa only. Costs may vary between tho
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various elements o.f the effort without amendment to this Agreement provided tho
total ~enditmm' do not exceed the m-.~ contribution by all p .ARTIES plus
acaued interest
C. Based on total PROJECT costs, the maximum percent and do~ contribution by each
party shall be!
Percentage Previously Additional Maximum
Sbm Contn'buted C2nmbutiog ~mlW°butiQD
' '
DISTRICT 2S.31% $797,00~ $750,000 $1,547,000
CWCB 2.44~ $149,000 S-0-$149,000
COUNlY 47.30% $1,546,000 $1,345,000 $2,891,000
SHERIDAN 10.23% $250,000 $375,000 $625,000
ENGLEWOOD 10.63% $100,000 $550,000 $650,000
SSPR 4.09% $250,000 $-0-$250,000
TOTAL 100.00% $3,092,000 $3,020,000 $6,112,000
The City ofEnglewood contn'bution to tho project is $130,000 directly contracted
with CONSULTANT to design the Broken Teo Trailhead located on tho northeast
comer of Oxford Avenue and the South Platto River.
2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows:
s. 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), tho funding of a local body's ono-
balf share may come from its own revenue sources or ftom funds received ftom state, federal
or other sources of funding without limitation and without prior Board approval.
\dcm\agnnnl\11\110725A 2
Payment of each party's full share (CWCB -$149,000, COUNTY -$2,891,000, SHERIDAN
• $625,000, ENGLEWOOD-$650,000; SSPR-$250,000; DISTRICT-$1,547,000) shall bo
. .
mado to DISTRICT subsequent to execution of this Agreement and within 30 days of
requc.rt for payment by DISTRICT. Th11 payments by PARTIES shall be held by DISTRICT
in a special fund to pay for increments of PROJECT as authorit.ed by PAR.TIES, and as
• • • p
do fined herein. DISTRJCT shall pcovide a periodic accounting of PROJEC':f funds as well
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as a periodic notification to COUNTY of any unpaid obligations. Ally interest earned by tho
monies contributed by PARTIES shall bo accrued to tho special fund established by
DISTRICT for PROIBCT and such interest shall be used only for PROIBCT upon approval
by the contracting officers (Paragraph 13).
Within ono year of completion of PROJECT ifthare are monies including interest earned
remaining which are not committed, obligated, or disbursed, each party shall receive a share
of such monies, which shm 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 writtmi.
(SEAL)
ATTEST:·
\dcm\qrmnt\ll\11072SA 3
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By-------
Title Ex.ecutjye Director
Dato. __________ _
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For the Board of County Commissioners
ARAPAHOE COUNTY
By: _______________ _
Authorization pursuant to Resolution 120113
Title: Director. Open Space and IntcT&Qvemental Relations
Date:. _______________ _
\dcm\agnnn1\ll\110725A 4
cm OF SHERIDAN
(SEAL}
ATI'EST:
\dcm\apmm\l l\l 10725A s
By~--------
Title1 _________ _
Data1 _________ _
(SEAL)
A'ITEST:
Loµcrishia A. Ellis, City Clerk
\dcm\agrmnt\ll\ll072SA 6
CITY OF ENGLEWOOD
By ___________ _
. Ranqy P • Penn
Title .__.M:a.,1a~y~_o..,,r __ -____ _
pate.._ _________ _
(SEAL)
ATTEST:
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SOUTH SUBURBAN PARKS AND
RECREATION DISTRICT
By __________ _
Title. _________ _
Dam'------------
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
Oct. 19, 2015 9bi Amendment to Agreement
regarding RiverRun Trailhead-
2 Reading
Initiated By: Staff Source:
Department of Parks and Recreation Joe Sack, Recreation Services Manager
PREVIOUS COUNCIL ACTION
• 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 2010 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, on second reading, a bill for an ordinance to approve an
Intergovernmental Agreement amending the previous agreement (Council Bill No . 56,
Ordinance No. 50, series of 2014) which established funding for the RiverRun 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 "RiverRun Project". Key projects in the area include a passive
walking/b iking trail on the east side of the river, new kayak shoots 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 RiverRun Trailhead (northeast comer of Oxford Avenue and the
South Platte River) at Broken Tee Golf Course.
The South Platte Working Group Project Funding Summary Table is included as part of the
2015 Amendment to the Funding Agreement between the City of Englewood, Urban Drainage -
and Flood Control District, the City of Sheridan, South Suburban Parks and Recreation District
and Arapahoe County. The agreement formalizes the 2015 funding of $550,000 to the
RiverRun Project from the City of Englewood.
FINANCIAL IMPACT
Funding Sources:
2015 Arapahoe County Open Space Grant
2015 Conservation Trust Fund
2015 Open Space Fund
Total-
LIST OF ATTACHMENTS
Ordinance
$300,000
$ 75,000
$175,000
$550,000
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
Oct. 5, 2015 llai Amendment to Agreement
regarding RiverRun Trailhead
Initiated By: Staff Source:
Department of Parks and Recreation Joe Sack, Recreation Services Manager
PREVIOUS COUNCIL ACTION
• 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 Trail head 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 2010 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. 56, Ordinance No. 50, series of
2014) which established funding for the RiverRun 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 "RiverRun Project". Key projects in the area include a passive
walking/biking trail on the east side of the river, new kayak shoots 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 RiverRun Trailhead {northeast corner of Oxford
Avenue and the South Platte River) at Broken Tee Golf Course.
The South Platte Working Group Project Funding Summary Table is included as part of the
2015 Amendment to the Funding Agreement between the City of Englewood, Urban Drainage
and Flood Control District, the City of Sheridan, South Suburban Parks and Recreation District
and Arapahoe County. The agreement formalizes the 2015 funding of $550,000 to the RiverRun
Project from the City of Englewood.
FINANCIAL IMPACT
Funding Sources:
2015 Arapahoe County Open Space Grant
2015 Conservation Trust Fund
2015 Open Space Fund
LIST OF ATTACHMENTS
Ordinance
Total-
$300,000
$ 75,000
$175,000
$550,000