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HomeMy WebLinkAbout2014 Ordinance No. 050• ORDINANCE NO. t!1) SERIES OF 2014 BY AUTHORTIY COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO PARTICIPATE IN THE PROJECT DESCRIBED IN THE "AGREEMENT REGARDIN"G CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATIE RIVER AT OXFORD A VENUE", 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 P ARTICJP ANTS. 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"; and 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, in April, 2014 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" which added the County to the Project; and WHEREAS, this proposed ordinance adds the City of Englewood, the City of Sheridan and South Suburban Parks District as funding partners for the final design; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 9biii Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the City of Englewood's participation in an intergovernmental agreement between Urban Drainage and Flood Control District, Colorado Water Conservation Board, 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, Agreement No . 11-07.25B attached hereto as Exhibit A Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the City of Englewood's participation in an intergovernmental agreement between Urban Drainage and Flood Control District, Colorado Water Conservation Board, 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 Agreement the .. River Run Park South Platte River Enhancements Principles of Cooperation Endorsed by the Partnering Jurisdictions, May 2014" outlining the Project goals attached hereto as Exhibit B. Section 3. 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,'' for and on behalf of the City Council of the City of Englewood, Colorado. Section 4. The Mayor and City Clerk are hereby authorized to sign and attest, "River Run Park South Platte River Enhancements Principles of Cooperation Endorsed by the Partnering Jurisdictions, May 2014," for and on behalf of the City Council of the City of Englewood, Colorado . Section 5. There are no federal funds are 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 6th day of October, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of October, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of October~ 20 14 for thirty (30) days. Read by title and passed on final reading on the 20 th day of October, 2014. Published by title in the City's official newspaper as Ordinance No.~ Series of 2014, on the 24th day of October, 2014. Published by title on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. . Penn, Mayor • • 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 2014 . AMEND:MENTTO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLA TIE RIVER AT OXFORD A VENUE Agreement No. 11-07 .25B TIIlS AGREEMENT, made this _____ day of ______ __, 2014, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called ''DISTRICT"), COLORADO WATER CONSERVATION BOARD (hereinafter called "CWCB"), ARAPAHOE COUNTY (hereinafter called "COUNTY"), CI1Y OF ENGLEWOOD (hereinafter called "ENGLEWOOD"), CllY OF SHERIDAN (hereinafter called "SHERIDAN"), SOUTH SUBURBAN PARKS AND RECREATION DISTRICT (hereinafter called "SSPR"), and collectively known as "PARTIES"· •.· WI1NESSETH: WHEREAS, DISTRICT and 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" (AgreementNo.11-07.25A) dated April 17, 2014; and • WHEREAS, DISTRICT, CWCB and COUN'IY have agreed to add ENGLEWOOD, SHERIDAN and SSPR as a funding partners; and WHEREAS, PARTIES now desire to add additional funding for final design; and WHEREAS, PARTIES desire to increase the level of funding by $1,892,000; and WHEREAS, the County Commissioners of COUNTY, the City Councils 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, TIIEREFORE, 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: 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. \dcm\agmmt\ll\110725B 1 I H I a -I- A B. It is understood that PROJECT costs as defined above are not to exceed $3,092,000 without amendment to this Agreement PROJECT costs for the various elements of the effort are estimated as follows: mM AS AMENDED AS PREVIOUSLY AMENDED . 1. Final Design $ 900,000 $ 900,000 2. Construction 2,192,000 300,000 3. Contingency -0--0- Grand Total $3,092,000 s1,200.ooo 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 C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Previously Additional Maximum Share ~ontribu~d ~QDtnJ2utiog C2ntributi211 DISTRICT 2S.77% $ 797,000 $ -0-$ 797.000 CWCB 4.82% $ 149,000 $ -0-$ 149,000 COUNTY 50.00% $ 254,000 $1,292,000 $1,546,000 SHBRJDAN 8.09% $ -0-$ 250,000 $ 250,000 ENGLEWOOD 3.23% $ -0-$ 100,000 $ 100,000 SSPR 8.09% $ -0-$ 250,000 $ 250,000 TOTAL l00.00% $1 ,200,000 $1,892,000 $3,092,000 ENOLEWOOD's contribution to the project is $130,000 directly contracted with CONSULT ANT to design the Broken Tee Trailhead located on the northeast comer of Oxford Avenue and the South Platte River. 2. Paragraph S. 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 Resolutjon 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 -$1,546,000, SHERIDAN -$250,000. ENGLEWOOD -$100,000; SSPR-$250,000; DI~TRICT-$797.000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of \dcm\agmmt\11\l 107258 2 • • • • 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 CWCB, COUNTY, SHERIDAN, ENGLEWOOD, and SSPR of any unpaid obligations. Any interest earned by the monies contnbuted 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. Paragraph 13. CONTRACTING OFFICERS AND NOTICES is deleted and replaced as follows: 13. CONTRACTING OFFICERS AND NOTICES A. B. C. D. E. F. 0. The contraeting officer for CWCB shall be the Account, 1313 Sherman Street, Room 721, Denver, Colorado 80203. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. The contracting officer for COUNlY shall be the Director of Open Space and Intergovernmental Relations, 6924 S Lima Street, Centennial, Colorado 80112. The contracting officer for SHERIDAN shall be the City Manager, 4101 S Federal Boulevard, Sheridan, Colorado 80110 . The contracting officer for ENGLEWOOD shall be the Capital Projects Administrator, 1000 Englewood Parkway, Englewood, Colorado 80110. The contracting officer for SSPR shall be the Executive Director, 6631 S. University Boulevard, Centennial, Colorado 80121 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 PARTIES 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 mailed, end 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. H. 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 PROIBCT undertaken pursuant to this Agreement Each representative shall coordinate all PROJECT •related issues between PAR TIES, 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 CWCB. Said \dcm\agnnnt\11\110725B 3 representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement or any amendments or addenda to this Agreement 4. 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 authoriz.ed signatories as of the date and year first above written. (SEAL) ATTEST: \dcm\agrmnt\11\110725B 4 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ____________ _ Title Executive Director Date. ___________ _ • • • • (SEAL) A1TEST: APPROVED AS TO FORM: CWCB Attorney State of Colorado County of Denver COLORADO WATER CONSERVATION BOARD By ___________ _ Title. ___________ _ Date. ___________ _ The foregoing instrument was acknowledged before me this ( date} by (Name and Title of Position). Notary's Official Signature) (Commission Expiration Date) \dcm\agmmt\11\110725B s For tho Board of County Commissioners ARAPAHOE COUNTY By:, _____________ _ Authorization pursuant to Resolution 120113 Title: Djrector, Open Space and Intergoyemental Relations Date: ________________ _ \dcm\agnnnt\11\1107258 6 • • • (SEAL) AITEST: \dcm\agmmt\11\1107258 CITY OF SHERIDAN By __________ _ Title, __________ _ Dato __________ _ 7 (SEAL) ATIEST: \dcm\alffmt\11\11072.58 8 CI'IY OF ENGLEWOOD By __________ _ TWe __________ _ Dam. __________ _ (SEAL) ATrEST: \dcm\agnml\11\110725B 9 SOUTH SUBURBAN PARKS AND RECREATION DISTRICT By __________ _ Title __________ _ Date. __________ _ River Run Park Sout~ Platte River Enhancements Prlnclples of Cooperatf 011 Endorsed by the Partnering Jurisdictions, May 2014 . . A vibrant river environment that Is Integrated with the surrounding community ta br,ng new ecant;,mlc, cultural, recreational and natural opportunities. • ' I I • -Vision pf the Sau~h Platte Working Group The Vision: Beginning In 2008 the key Jurisdictions with a stake In the future of the South Platte River Corridor formed the South Platte Working Group under the auspice of Arapahoe County Open Space. The group saw that there are exciting opportunltle~ to slgnlflcantly Improve the reach of the River bulldlng an th~ success of the Mary Carter Greenway and other efforts. · After successfully completing the 1st phase of the East Bank Trail from S. Prince Street to Union In 2011, the group turned Its focus to the reach from Union Just north of Oxford Avenue. Proposed Improvements Include: a new east bank tra.11; In-river boating Improvements and riparian enhancements; landscaping and creation of a major new trallhead/park at Oxford. Not only wlll these Improvements enhance recreatlonal opportu~ltles along the river, they wlll also :help promote, over the longer term, community redevelopment with significant potential econo_mlc benefits. This effort has Its genesis when the Colorado Water Conservation Board (CWCB) and Urban Drainage and Flood Control District (UDFCD) Identified that the existing drop structures up and down stream of Oxford Avenue on the South Platte River (SPR) were In need of replacement due to water flowlns under the drops. In pursulns the drop structure Improvements, UDFCD reached out to the local agencies to see If there was Interest In enhancing the project by leveragln1 their fundln1 for a more comprehensive river corridor enhancement. At a meetln1 held In February 2012 with potentlal project partners, this vision for the reach from Oxford to Union was presented and called River Run. During this meeting the partners embraced and recognized the benefits of a bigger vi slon-to reengage the river as a treasured resource for the communlty-recreatlonally, environmentally and economlcally. Shortly after the February meeting Arapahoe County Open Space (ACOS) challenged the newly convened South Platte Working Group 2 (SPWG2) to leverage $5 mlllfon dollars of open space funding to make the vision a reality. -Key Goals Include: • Maintain 100-Year Flood Conveyance • Increase Trail Conductivity and Capacity along the Mary Carter Greenway • Optimize River, Aquatic, and Riparian Health • Create New Recreation Features on Land and In the Water with Better Accessibility and Comfort Facllltles • Enhance property values. The Plan and Guldellnes: The South Platte River Enhancements effort reflects planning and guidelines of quality reflected In several key documents Including: The River Run Park Plan (Union to OxfordL South Platte Rfver Vision Plan {2014} and The South Platte Working Group Statement of Purpose, 201.3. Fundln1: It Is recognized that this project may cost $10 MIiiion to $15 Mllllon, The partners Intend to support raisins funds from both outside and local sources to the best of their abllltles. The partners also support and endorse grant applications to potential grant sources such as GOCO, Urban Drainage and Open Space programs. This process recognizes that commitments each year must be consistent with respective local Jurisdictional capital budgeting and grant wrftJns priorities. Coordination of Implementation: Urban Drainage and Flood Control District {assigned to Laura Kroeger, P.E.) will take responsibility for coordinating project Implementation lncludlng overseeing, planning, design, and construction as well as budget management phasing and public Information. This Includes managlns consultants and contractors In coordination with all of the appropriate officials and agency staff with the Jurisdictions. All activities will be with the assumption that each Jurisdiction must ultimately approve any built Improvements that are part of this plan. The coordination effort also makes reference to The Implementation Strategy {published under separate cover} the details out key Implementation functions, activities and guidelines that serves and an aid to the consultants, the contractor(s) and local Jurisdictional staff personal In designing and building the Improvements. Stewardship and Upkeep: • The project partners embrace working together toward a long term stewardship process that promotes a healthy river, an attractive setting, a quality recreational experience and enhanced economic development potentials. The partners also envision an appropriate allocation of operations and maintenance tasks. South Suburban Parks and Recreation wlll maintain the tralls, upland landscaping and other amenities within Its Jurisdictional boundaries and as prescribed by the applicable Intergovernmental agreemepts. Urban Drainage and Flood wlll maintain the ln•rlver Improvements. Englewood wlll maintain the major planned trallhead and park at Oxford Avenue. Law enforcement, fire and rescue and other existing responsibilities will remain with the appropriate municipal entitles within their Jurisdictional boundaries Tlmlna: The goal of the partners Is to begin construction by the fall of 2015 Partnarf n1 Jurisdictions Supportln1 This Vision: City of Englewood City of Sheridan South Suburban Parks and Recreation Arapahoe County Urban Drainage and Flood Control Colorado Water Conservation Bd • • River Run Park South Platte River Enhancements • Principles of Caop~ratlo~ Endorsed by the Partnerln1 Jurisdictions, M~y 2014 A vibrant river environment that Is Integrated with the surrounding community to br(ng new economic, cultural, r,aeatlanal and natural opportunities. . . . -Vision pf the So~ Platt, Working Group The Vision: Beginning In 2008 the key Jurisdictions with a stake In the future of the South Platte River Corridor formed the South Platte Workln1 Group under the auspice of Arapahoe County Open Space. The group saw that there are exciting opportunltleJ to slgnlflcantly Improve the reach of the River building on th~ success of the Mary Carter Greenway and other efforts. After successfully completlns the 1st phase of the East Bank Trail from S. Prince Street to Union In 2011, the group turned Its focus to the reach from Union Just north of Oxford Avenue. Proposed Improvements Include: a new east bank trall; In-river boatlna Improvements and riparian enhancements; landscaping and creation of a major new trallhead/park at Oxford. Not only wlll these Improvements enhance recreational opportunities along the river, they will also :help promote, over the lonaer term, community redevelopment with significant pot,!ntlal econo_mlc benefits. Thls effort has rts genesis when the Colorado Water Conservation Board (CWCB) and Urban Drainage and Flood Control District (UDFCD) Identified that the existing drop structures up and down stream of Oxford Avenue on the South Platte Rlver (SPR) were In need of replacement due to water flowing under the drops. In pursulna the drop structure Improvements, UPFCD reached out to the local agencies to see If there was lnterest In enhancing the project by leveraging their funding for a more comprehensive river corridor enhancement. At a meetlns held In February 2012 with potentlal project partners, this vision for the reach from Oxford to Unlon was presented and called River Run. Durln1 this meeting the partners embraced and recognized the benefits of a bigger vision-to reenga1e the river as a treasured resource for the community-recreationally, envlronmentally and economlcally. Shortly after the February meetln1 Arapahoe County Open Space {ACOS) challenged the newly convened South Platte Working Group 2 (SPWG2) to leverage $5 million dollars of open space funding to make the vision a reality • ' . X H :. + B -Key Goals Include: • Maintain l~Year Flood Conveyance • Increase Trail Conductivity and capacity alon1 the Mary carter Greenway • Optimize River, Aquatic, and Riparian Health • Create New Recreation Features on land and In the Water with Better Accesslblllty and Comfort Facilities • Enhance property values. Th• Plan and Guld•llnes: The South Platte River Enhancements effort reflects plannln1 and suldellnes of quality reflected In several key documents lncludlns: The River Run Park Plan (Union to Oxford], South Platte River Vision Plan (201.4} and Th• South Platte Worlclng Group Statement of Purpost1, 2013. Funding: It Is recognized that this project may cost $10 MIiiion to $15 Mllllon. 1111 partners Intend to support raisins funds from both outside and focal sources to the best of their abllltles. The partners also support and endorse grant appllcatlons to potential grant sources such as GOCO, Urban Drainage and Open Space prosrams. This process recognizes that commlbnents each year must be consistent with respective local Jurisdictional capital budgeting and grant writing priorities. Coordination of Implementation: Urban Drainage and Flood Control District {assigned to Laura Kroeser, P.E.) wlll take responstblllty for coordinating project fmplementatlon lncludln1 overseeing, planning, design, and construction as well as budget management phasln1 and publlc Information. This Includes managing consultants and contractors In coordination with all of the appropriate officials and agency staff with the Jurisdictions. All activities will be with the assumption that each Jurisdiction must ultimately approve any built f mprovements that are part of this plan. The coordfnatlon effort also makes reference to U!e lmalementatlon Strqteqy {published under separate cover} the details out key Implementation functions, activities and guidelines that serves and an aid to the consultants, the contractor(s) and local Jurfsdlctlonal staff personal In desl1nln1 and building the Improvements. Stewardship and Upkeep: • • • The project partners embrace working together toward a long term stewardship process that promotes a healthy river, an attractive setting, a quality recreational experience and enhanced economic development potentials. The partners also envision an appropriate allocatlon of operations and maintenance tasks. South Suburban Parks and Recreation wlll maintain the tralls, upland landscaping and other amenities within Its Jurisdictional boundaries and as prescribed by the appllcable Intergovernmental agreeme!"lts. Urban Drainage and Flood will maintain the In-river Improvements. Englewood wlU maintain the major planned trallhead and park at Oxford Avenue. Law enforcement, fire and rescue and other existing responslbllltles wUI remain with the appropriate munlclpal entitles within their Jurlsdlctlonal boundaries Tlmln1: The goal of the partners Is to begin construction by the fall of 201S Partnerln1 Jurisdictions Supportln1 This Vision: City of Englewood City of Sheridan South Suburban Parks and Recreation Arapahoe County Urban Drainage and Flood Control Colorado Water Conservation Bd • • COUNCIL COMMUNICATION Date Agenda Item Subject October 6, 2014 9 a i River Run Drainage and Flood Control Intergovernmental Agreement and Memorandum of Understanding Initiated By Staff Source Department of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION A City that provides diverse cultural, recreational and entertainment opportunities. A safe, clean, healthy and attractive City. A progressive City that provides responsive and cost efficient services. • September 15, 2014 -Staff provided City Council an update on the River Run Intergovernmental Agreement, the Memorandum of Understanding and the Project Implementation Plan. • March 3, 2014 -A resolution appropriating funding for the River Run Project in the amount of $1 00,000 was approved by City Council. • January 21, 2014 -The South Platte Working Group provided a presentation to City Council regarding the scope of the River Run Project. • August 8, 2013 -Staff provided City Council with an update on the River Run Project. • August 15, 2011 -Intergovernmental Agreement with Arapahoe County accepting grant funding for the Riverside Trailhead Design. RECOMMENDED ACTION Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental Agreement joining the existing agreement for construction of drainage and flood control improvements; setting the City's contribution of 2014 funding for the project; and approving a partnership Memorandum of Understanding with the South Platte Working Group 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 from C-470 south to the Englewood city limits on the north. The intent is to ( provide better accessibility to the river for recreational use. Some of the parties included in this group are the City of Englewood, the city of Sheridan, the 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. In April 2012, Arapahoe County pledged up to $5,000,000 in seed money to help leverage new dollars for river restoration, recreational opportunities and environmental enhancement of the South Platte River. Each entity that receives project support from this funding source will be required to provide a 50% match for its projects. Over the last eighteen months, Mayor Penn, former City Manager Gary Sears and I have been representatives to this group on behalf of the City of Englewood. The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford Avenue. We have titled this portion of the project as the "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, screening of unsightly views along the river, improvements for fishing and recreation access and development of the area (northeast corner of Oxford Avenue and the South Platte River} at Broken Tee Golf Course. Intergovernmental Agreement -This is a partnership agreement between the City of Englewood, the City of Sheridan, Urban Drainage Flood Control District, the State Water Conservation Board, Arapahoe County and the South Suburban Parks and Recreation District. The agreement formalizes the 2014 funding of $100,000 to the River Run Project from the City of Englewood. The contribution was made from the Open Space Fund Balance and approved by City Council with the passage of Resolution 38, Series of 2014. The agreement also acknowledges the City's contribution of $130,000 for the design of the Riverside Trailhead. The funding sources for that project include a $50,000 grant from Arapahoe County Open Space and $80,000 matching funds from the City's Open Space Fund. Memorandum of Understanding for the Principles of Cooperation -The Memorandum of Understanding for the Principles of Cooperation is a formal acknowledgement of the vision, coordination, and partnerships for all entities involved with the River Run Project. FINANCIAL IMPACT The Financial Impact has already been addressed with the following actions: Funding Amount -$100,000 Funding Source - Funding Amount -$130,000 Funding Sources - LIST OF ATTACHMENTS River Run Park -Project Implementation Plan 2014 Open Space Fund (Resolution 38, Series of 2014) $50,000 Grant from Arapahoe County Open Space $80,000 Open Space Shareback Funds 2011 Agreement Regarding Construction of Drainage and Flood Control Improvements Proposed Bill for an Ordinance ' ,. • • • River Run Park Oxford to Union Project Imple1nentation Plan DCM -Reducing Flood Risks by Promoting Healthy Stream Systems Maintain 100-yr flood protection Increase regional _ _..., trail connectivity ~;ii:::l and cap.city along Mary Carter Greenway Optimize river, aquatics, and riparian health Create new recreation features on land and in water w ith better accessibility and comfort facilities Partners • Arapahoe County • City of Englewood • City of Sheridan •SSPR •CWCB • UDFCD River Run Park Oxford to Union Project ltnpletnentation Plan Budget • Desl1n $1,200,000 Schedule • Design Dec • 2014 • Construction Oct • 2015 to 2017 • Construction $12,000,000 DCM -Reducing Flood Risks by Promoting Healthy Stream Systems • • • • Table of Contents Section 1. Charter Introduction ..................................................................... 4 1.1 Executive Summary ........................................................................... 4 Section 2. Project Overvie,v ............................................................... , ......... 7 2.1 Project Summary .............................................................................. 7 2.1 Project Goals, Business Outcomes, and Objectives ....................................... 8 2.3 Project Scope .................................................................................. 9 2.4 Milestones .................................................................................... 11 2.5 Agency Coordination ....................................................................... 12 2.6 Public Outreach ............................................................................. 15 2.7 Project Cost Estimate and Sources of Funding .......................................... 16 2.8 Dependencies ................................................................................. 16 2.9 Project Challenges, Assumptions, and Constraints ..................................... 17 -Section 3. Project Organization ................................................................... 18 3.1 Project Governance ......................................................................... 18 3.2 Project Team Structure .................................................................... 20 3.3 Roles and Responsibilities .................................................................. 21 Section 4. Project References ...................................................................... 22 Section S. Glossary and Acronyms ................................................................ 22 DCM -Reducing Flood Risks by Promoting Healthy Stream Systems Section 1. Charter Introduction 1.1 Executive Summary .. There are exciting opportunities to significantly improve the reach of the South Platte River from just south of Union Avenue to just north of Oxford A venue . Proposed improvements include: a new east bank multi-use trail; in-river boating improvements and riparian enhancements; landscaping and creation of a major new trailhead/park at Oxford. Not only will these improvements enhance recreational opportunities along the river, they will also help promote, over the longer term, community redevelopment with significant potential economic benefits. This effort has its genesis when the Colorado Water Conservation Board (CWCB) and Urban Drainage and Flood Control District (UDFCD) identified that the existing drop structures up and down stream of Oxford Avenue on the South Platte River (SPR) were in need of replacement due to water flowing under the drops. In pursuing the drop structure improvements, UDFCD reached out to the local agencies to see if there was interest in enhancing the project by leveraging their funding for a more comprehensi ve rive r corridor enhancement At a meeting held in February 2012 with potential project partners. this vision for the reach from Oxford to Union was presented and called River Run. During this meeting the partners embraced and recognized the benefits of a bigger vision--to reengage the river as a treasured resource for the community-- recreationally. environmentally and economi ca lly . Shortly after the February meeting Arapahoe County Open Space (ACOS) challenged the newly convened South Platte Working Group 2 (SPWG2) to leverage $5 million dollars of open space funding to make the vision a reality. The vision of the group is: A vibrant river environment that is integrated with the surrounding communities to bring new economic, cultural, recreational and natural opportunities. The SPWG2 conducted a charretle and report that incorporated previous planning studies, solicited input from a broad group of stakeholders and highlighted opportunities along each reach of the river. River Run is one of the projects identified in early planning and emphasized in the charrctte report. It wa s cited as the ca ta lyst to move fo rward the mission of the working group through the project specific goals and objectives. River Run Regional Park Goals Create a Unique Regional Park £rperience that Celebrates the River. ► Maintain 100-Year Flood Conveyance DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 4 • • • • ► Increase Trail Conductivity and Capacity along the Mary Carter Greenway ► Optimize River, Aquatic, and Riparian Health ► Create New Recreation Features on Land and in the Water with Better Accessibility and Comfort Facilities Major Milestones ► Review the Project with City Councils and Boards ► Signed Inter-Governmental Agreement to fund design ► Preliminary Design Drawings Submitted to all Review Agencies ► Selection of Contractor ► Submittal to USACE Flood Readiness Branch and 404 permit application ► Public Meeting ► Final Design Approved by Local Review Agencies and Stakeholders ► Signed Easements, Permits and Approvals to Build River Run Park Improvements ► USACE Readiness Branch and 404 permit approval ► Signed Inter-Governmental Agreement to fund construction ► Partners Agree to a Management, Operations, and Maintenance Plan ► Construction ► Ribbon Cutting and Opening of Completed Phases Key Risks ► Securing adequate funding over a four year period by multiple agencies ► Securing the easements and approvals ► USA CE Readiness Branch approval of woody vegetation within the IO0-year flood channel and within the riprap ► USA CE Readiness Branch approval of vegetation maintenance plan ► High water nows in the river during construction ► Construction dewatering due to potential water contaminants ► Construction excavation in area of a known landfill DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 5 ► Allocation and management of adequate in-river flows for both water based recreation, habitat, and aesthetics Estimated Total Costs are between $12 -$14 Mi I lion. DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 6 • • • Section 2. Project Overview 2.1 Project Summary River Run brings together several separate planned projects by multiple agencies along the Oxford Union reach. South Suburban Parks and Recreation, along with many partners, have been diligently working on making the final connection of the east bank trail of the Mary Carter Greenway Trail. Meanwhile, E nglewood had applied for a grant from Arapahoe County Open Space to develop a preliminary design for trailhead/park on the east side of Oxford Avenue with traffic access through the Broken Tee entrance. With those two projects, along with CWCB and UDFCD, it was the opportune time to bring all of these projects together into one river park improvement. By combining project efficiencies in design services, meetings/coordination, reviews, permitting. and construction services. a cost and time savings is realized for all project partners. The combined river park project also allows for more leveraging of public funds and grant opportunities, plus the ability to not only meet the smaller project objectives, but deliver a regional urban river park attraction like no other in Arapahoe County. The major project sponsors are listed in alphabetical order . ► Arapahoe County Open Space ► Colorado Water Conservation Board ► Englewood, City of ► Sheridan, City of ► South Suburban Park and Recreation District ► Urban Drainage and Flood Control District The major project stakeholders are the sponsors above, their constituents and specifically the property/business owners adjacent to the project, Trout Unlimited, future developers, and residents in other surrounding communities . DCM -Reducing Flood Risks by Promoting He althy Stream Systems 7 2.1 Project Goals, Business Outcomes, and Objectives No. Goals Objectives Business Outcom es • In-stream design elements will • No increased risk of flood I. Maintain I 00-yr Fl ood Protection not cause a rise in the water impacts to surrounding surface elevation for the I 00-yr design now. property owners • Positive trai I experience fo r all users Increase Trail Conductivi ty and • Construct 10-ft wide concrete • Safer trail crossings at Union trail on the east side of the and Oxford 2. reducing crowding along the river that goes under Union Mary Carter Greenway Trail • Park users will have a looped Ave. and Under Oxford Ave. trail along both banks of the river , connected by pedestri an bridges at Union and Oxford • Reshape the active channel to helter replicate a natural stream • Healthier and more diverse Optimize River. Aquatic and system with mo ving water at plant species and increased 3. Riparian Health low flows , step and pool fish /a quatic habitat sequences, and emergent benches that support a variety • Better aesthetic experience of native plants. • DCM -Redu c ing Flood Risks by Promoting Healthy Stream Systems 8 • • No. Goals Create New Recreation Features on Land and in the Water with 4. Better Accessibility and Comfort Facilities 2.3 Project Scope 2.3.1 Scope Definition See the attached Scope of Work 2.3.2 Exclusions Activities out of Scope I. Re-evaluating Regional Trail Alignments 2. Modification lo the Union Boat Chutes Objectives Business Outcom es • Rebuild the existing 2 drop structures into 6 lower head • Water users of all types will drop structures that will come to River Run Park to include recreational features -recreate. Wave Shapers for boaters and • People of all abilities will have surfers/body boarders & water an opportunity to interact with chutes for kids to play on. the water. • Provide ADA access down to • River Run Park will be a the cobble beach and into the gathering place as well as a river bottom at Oxford. destination that engages the • Build a riverside park and users with the river, trails trailhead that includes a network , and comfort facilities. pavilion, parking, restroom • Users will have a memorable facilities, picnic areas, and experience with the uniqueness secondary trails down lo the of the art and education piece, water. as well as local business • Regrade and relandscape the support and interest in the park. now desolate river corridor into • A new park selling along the a 45-acre park-like setting. river will become an amenity • Public art and signature attracting potential new entrances and signage that commercial and residential celebrates the area's history development. and contributions. Comments 1. Alignments have already been vetted through Mary Carter Greenway Trail Master Planning Process 2. Determined at beginning of process to not include due to budgets and could be easily separated out into its own project 3. Reconfiguring the Union West Side Trail Entrance 3. Determined at beginning of process to not include from Parking due to budgets and could easily be separated out into its own project DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 9 • DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 10 2.4 Milestones Project Milestone Description Expected Date Building project consensus and support to move forward Fa112013 1. Meet with City Councils and Boards with preliminary design with the understanding of On-going potential project costs updates ., Signed Inter-Governmental Agreement to Fund Design Need funding for design services Jan.2014 3. Preliminary Design Drawings Solicit early input on design and preliminary level to Submitted to all Review Feb.2014 Agencies minimize comments at final design Contractor to be part of the design process to utilize their 4. Selection of Contractor experience and knowledge at a time when savings can be Feb.2014 realized 5. Submittal to USACE Flood Start the review process as soon as possible to address Readiness Branch and 404 March 2014 Pennit Application several sets of review comments 6. Public Meetings/Web Site and July-Sept. 2014 Media Engage public support of project On -going updates 7. Final Design Approved by Nov. 2014 Local Review Agencies 8. Signed Easements and Permits Nov. 2014 9. USACE Readiness Branch and March 2015 404 Permit Approval 10. Signed Inter-Governmental Jun .2015 Jan. 2016 Agreement to fund construction Jan. 2017 11. Construction Fall2015to Summer 2017 12. Agreed to Management and Define roles and responsibilities and resource allocation O&M Plan for long-tenn operation and maintenance of March 2015 improvements • DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 11 • 2.5 Agency Coordination CWCB Deliverable Responsible Review Due Date Project Requirements Tum Member Time Prcliminal') Re, icw Comments Preliminary Drawings Joe Busto I Month S/l/?014 Finul Rei ic1, Comments 90% Design Dra11ings Joe Busto I Month Approval Signature on CnnDocs Final Design Drawings Joe Busto 2 Weeks Sheridan Project Requirements Deliverable Responsible Rel·iew Due Date Team Member Time Prcliminar) Rei iew Cummenls Prcliminal) Dr.iwings Ben Nielsen I Month S/1/2014 rinal Review Comments 90% Design Drawings Ben Nielse n I Month Electrical l'cnnit 90% Design Drawings 13cn N iclscn GESC l'cnnit 90% Design Drawing s Ben Nielsen Access l'cnnit 90% Design Drawings Ben Nielsen Appro1 al Signature on Con Docs Final Design Drawing s. Ben Nielsen - Eng~wood Deliverable Responsible Review Due Date Projccl Requirements Team Member Time Prcl iminury Re, icw Comments Preliminary Drawings Ben Nielsen I Month Final Re, ie11 Comments 90% DL".Sign Drawings Ben Nielsen I Month Apprmal Signature on ConDocs Final Design Drawings Ben Nielsen • DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 12 Littleton Deliverable Responsible Re,·iew Due Dale Project Requirements Team Member Time Preliminal) Re\'iew Preliminol)' Drawings Ben Nielsen I Month Commen1s final Re, iew Commcnls 90% Design Drawings Oen Nielsen I Month Appro\'al Signuturc on Final Design Drawings Oen Nielsen I Month CnnDocs SEMSWA Deli,·erable Responsible Rniew Due Date Project Requirements Team Member Time GESC l'ennit through Letter to Arapahoe County Oen Nielsen 3 Month Shcridun and GESC Plans USACE .. Delinrable Responsible Review Due Date Project Requirements Team Member Time 404 Permit Application Moneka. 9 Month ERO flood Readiness Approval Minor Modilicutinn Oen NielS'-'fl I-year Submittal Denver Water Dclinrable Responsible Review Due Dute Project Requirements Team Member Time Prcliminu1;· Re, icw l'rcliminal)' Dr.mings Ben Nielsen I Month Comments Final Re,ie\\ Cnmmcnts 90% Design Drawings Ben Nielsen I Month Apprm al Sign.1ture on Final Design Dmwings Ben Nielsen I Month CnnDocs DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 13 • COOT Delh·erable Responsible Rc\iew Due Dale Project Requirements Team Member Time l'rcliminal') Re\ icw Prcliminul') Drnwings Ben Nielsen 1 Month Comments final Rc\'iC\I Comments 90% Design Dr.iwings Ben Nicl~'fl I Month ApprO\al Signature on Final Design DrJ\\ in gs Ben Nielsen I Month ConDocs I I • DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 14 2.6 Pu blic Outreach Responsible Outreach Form Audience Purpose and Formal Team ()ale Member Cit) Council und BCC Elected ofliciuls Keep informed of progress Laura Continual Meetings und support funding Kroeger Fux Sheet Project Team. Stukeholdcrs. One-sheet of paper wilh Laura Jul) 2014 Elected Ofliciuls und consistent and concise Kroeger General Public project information Website General Public On-line location to look for Bohund Bill Jul) 2014 up to date project infonnution lndhiduul Meetings with Surrounding Property Owners Team members meet with Luum Jul}• surrounding property propert) m1ners on site Kro eger August owners ur place ofhusiness to 2014 lnfonn and engage them in the project News release of Project General Public Publication article that is Luura August short but in fonns and Kroeger 2014 excites public about project to he placed in interested local papers Ad\'crtiscment for Public General Public General mailing and email Laura August Meeting notice inviting people lo Kroeger 2014 public meeting Public Meeting General Public Open house fonnut with Luurn September hoards and small group Kroeger 2014 discussions to inform public of project News release of start of Generul Public Publication article gi\'ing Laurn August construction project deta i Is and Kroeger 2015 outlining construction schedule. DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 15 2.7 Project Cost Estimate and Sources of Funding 2.7.1 Project Cost Estimate See Attached Spreadsheet 2.8 Dependencies Dependency Description Critical Date Englewood is contracling for de sig n of the !railhead directly with McLaughlin Whi1ewater. II is lhe inlenl of the projecl leam to incorporate the trailhead plans into the overall River Run Park plans, so ii is a seamless project USACE needs to amend lhe O&M to include vegetation allowance in lhe reac h in accordance with an approved vegetation mana gement plan . Risks by Promoting Healthy Stream Systems • Contact • DCM -Reducing Flood 16 2.9 Project Challenges, Assumptions, and Constraints 2.9.1 Risks Probabilit Impact Planned Mitigation No. Risks Description y (H/M/L} (H/M/L) Management Plan Utilize the SPWG2 Funding over a 4-year period relationships, keep sponsors I. M H informed and engaged, and by multiple agencies demonstrate funding is being wisely spent Utilize Naranjo to provide true construction costing. look for 2. Construction Costs are on the H H value engineering Rise opportunities throughout the design and construction process Early coordination. provide Securing the easement for the facility operation 3. east bank trail going through H H improvements when practical, Englewood Intake Plan provide pedestrian safety. and political support of the project USACE Readiness Branch Understand what USACE approval of woody vegetation concerns are, early submittal 4. within the IOO-year flood M H and regular calls to gel review channel and within the riprap updates and ensure submi1tal is moving through the process Understand what USACE USACE Readiness Branch concerns are, early submittal 5. approval of vegetation M H and regular calls to get review maintenance plan updates and ensure submittal is moving through the process Schedule in-river construction activities base on research of 6. High water nows in the river M H snowpack and predicted during construction runoff in watershed and releases from Chatfield Reservoir by the USACE Pull state remediation permit early to identify what 7. Dewatering due lo potential H H contaminants need to be tested water contaminants for, develop a treatment if encountered with cost implications OPI Laura Kroeger Naranjo/ Ben Nielsen Bob Seams Laura Kroeger Laura Kroeger Naranjo Naranjo DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 17 Probabllit Impact Planned Mitigation No. Risks Description y OPI (H/M/L) (H/M/L) Management Plan Test pits with en v ironmental Ben Construclion excavation in area lesting, limit excavation in Nielsen 8. of a known landfill L H areas of known landfill material , develop pricing in c ase material is encountered During design anticipate areas Ben Long term maintenance of of weakness and co nsider Nielsen 9. struclures (stairs and wa lls) and M M more robust protect ion as well cobble beach area wilhi n the as how maintenance IO0-yr flood pool operations would work and how lo reduce the costs. 2.9.2 Assumptions The following table lists the items that cannot be proven or demonstrated when this project charter was prepared, but they are taken into account to stabilize the project approach or p lanning. No. The following is assumed: -· - I. USAC E will allow vegetation beyond grasses in the 100-year floo d pool 2. ACOS will be a 50% funding sponsor for project 2.9.3 Constraints T he following table lists the conditional factors the project must respect: No. Category Constraints I. Total project cost goal is up to $14 Million 2. Project limits fall within the USACE PL84 -99 program 3. Broken Tee needs use of the parking lot from Ma)' to September Section 3. Project Organization 3.1 Project Governance Leadership and Oversight Risks by Promoting Healthy Stream Systems DCM -Reducing Flood 18 • • ► This effort represents a partnering among several key jurisdictions and stakeholders (including: Arapahoe County; Englewood, Sheridan; SSPRD; Littleton; UDFCD, SSPRD. CWCB). Ultimately leadership and oversight will come from the partnering entities in the form of periodic and timely { at key decision points} review of planning, design, implementation, fundraising and grant administration. In addition it is recognized that the respective jurisdictions have final say over plans. designs and construction within their boundaries as well as over any near and long term financial and budget impacts Day to Day Project Management ► UDFCD will hold project funding in a Trust and Agency Account and will manage the project as laid out in the IGA. Design and construction services agreements will also be managed by UDFCD, with authorization from project sponsors. Long-Term Management and Stewardship of Improvements ► In-River Improvements -UDFCD and the CWCB will continue to manage and maintain the river channel -drop structures, bank protection. vegetation, trash & debris removal. ► Trail and Adjacent Landscap ing/Irrigation -SSPRD will manage the trail and related landscaping and irrigation. ► Water Intake at Union -City of Englewood will continue to manage and operate the intake facility including all modifications to intake infrastructure. Trail, landscaping and irrigation management by SSPRD (see above). ► Trailheads (east & west at Oxford)-City of Englewood will manage upland formal trailhead and park areas beyond the trail corridor. ► Park Areas In-River -City of Englewood will manage park areas on the banks along the river at Oxford including access paths, viewing areas. cobble bar/gathering areas. overlooks, and terraced seating. A Wave Shaper in the river is proposed to provide adjustability of water features (waves) to accommodate various water users . Periodic observation and adjustment of the Wave Shaper will be performed by the City of Englewood. In-river structures and bank protection improvements will be managed by UDFCD and CWCB. ► Enforcement & Emergency Response -City of Sheridan. City of Englewood, and Arapahoe County are responsible for fire and rescue and law enforcement within their respective jurisdictional boundaries . DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 19 • 3.2 Project Team Structure The River Run Park Implementation Team is leading the project. ► Joe Busto, CWCB ► Bob Seams, the Greenway Team, Inc. ► Bill Neumann, OHM Design Corporation ► Ben Nielsen. McLaughlin Whitewater Design Group (Merrick & Company) ► Mary Powell, ERO Resources ► Jerry Naranjo, Naranjo Civil Constructors ► Laura Kroeger. UDFCD. The project team·s five primary functions are: ► Planning and Design ► Fund Raising ► Construction ► Partner Engagement • ► Messaging and Marketing DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 20 .. 3.3 Ro les and Responsibilities Project Role Responsibilities Assigned to Oversee overall projl-ct hudget . fundraismg. phasing and pnonties. schedule. deliverables. and outcomes. Coordinate, commumeale. and manage the project and l'tojcct Management direct work of all the consultants. Act as the point person for Stakeholders and Laura t.:rocgcr. uorco Implementation team . Manage funding from Stakeholders including pa} ment 10 lmplcmentauon Team. Seek approvals and permitting on behalf of the Stakeholders. Oversee puhl ic outreach/mcssagmg and panner engagement Oversee and carry out the design of the project lo achieve dcsi rL-tl goals and outcomes. Provide professional cngineenng/des1gn services to plan. design , and oversee constructmn of improvements Prepare. coordinate and assist m obtaining apprmals and permits Manage design consu hants and collaborate with entire Ben Nielsen . MWDG Design Team lmplementauon Team Conduct public outreachfmL'Ssagmg and panner (Lead I engagement Roles by Company · MWDG -lead design firm. river d1.'S1gn. c1v1I engineering: DI IM -Landscape archnccturc. trail and trailhcad design, The Greenway Team - plunnmg/apprmals. fund rJising. messaging. ERO -permittmg/approvuls Construc110n Construct project Engage and collaborate on d1.-s1gn. value engmeering and nsk Jell) Naranj o. NCC management Parucipate and provide mput for trail infrastructure planniny and dL-s1gn Mamtmn South Suburban Par~ and Trail O\\neriManagcr and operate trail facil111es once constructed Provide funding and SL-ck grants Rccrcat10n Dislnct Coordinate and oversee puhlic outreach and mcssagin!,!. Participate. provide input. and make linal approvals for trailhead um! upland purk Tra1lhcad O\\ncr m1r.is1ruc1urc planning and dL-sign. Maintain and orcr,uc 1ra1lhcad facilities once C11y of Englewood constructed Seek grants and pro\·1dc fundmg Prov11Jc fundmg. Coord inate and oversee puhlic outreach and messagmy pcnincnl to tra1lheads and upland parks Ar.ipahoe County Participate m plunnins and desisn l'rm•1de fundmg and assistance for ohtammg Arapahoe C ounl} Open funding from other sources. Assisi with public outreach and messasms Space Engage m/review/upprove planning und des1sn of 1mprovemcn1s m a llmcly City of Sheridan. Cll} of manner Provide lmplemenlalion Team suppon and guidance in oblammg reqmrcd Englewood, Cny of Lill fclon Local Jurisdiction entity approvals and permits to complete the projL'Ct Provide funding and s..-ck Koordinu1im1 . suppon and endorsement of srants. cl, ). grants. Assisi with puhl ic outreach and messasms Rcv1e\1 design suhm11tals SSl'RD (sL-c a lso ·1 r.iil promptly O\mcrlMunai;er aho\'c) Ensasc in planning and dcsiyn of n 1·cr 1mprtl\'emcnts plannmg and design GrJnl R ivcr O1mer nL-cessal}' easements or uyr1.-cmcnls to alltl\\ proJcet on propeny Pnn 1dc fund my (South of Oxford A\'Cnuc) and help m:k gr.mis Assisi in puhhc outreach and messaying Coordmalc CWCU approvals with the USACE RivcrO1mcr Engase in planning and dcsisn of river improvements plann ing and design Gmnt (North of Oxford Avenue) nL'CCSSUI)' casements nr asr•-cments to allm\ proJ1.'CI Provide fundmy and seek C11y nf[nyb rnnd grants. Assisi with public outreach and messaging DCM -Reducing Flood Risks by Promoting Healthy Stream Systems 21 Section 4. Project References More infonnation concerning this project can be found in the following documents: Document Title Version Date Author and Location (link or path) No. Organization Operation and Maintenance Manual -U.S. Army Corps of On file Denver, Colorado -1990 Cha1field Downstream Engineers (Available upon request) Channel Improvement Platte River/Mary Carter Greenway Multi-The Greenway On file -2010 June Use Pathway Projecl Team (available upon request) (Master Plan) Unio n-Oxford South Platte River McLaughlin On file Rehabilitation & -2 013 March Whitewater Design Recreation Group (available upon request) Improvements South Plane Ri ver Run Park Design Report for McLaughlin On file US AC E Minor Section . 2014 March Whitewater Design 408 Modification Group (availabl e upon requ est) Review Section 5. Glossary and Acronyms Term or Acronym Definition -- ACOS Arapahoe County Open Space CWCB Colorado Water Conservation Board IGA lnter-Govemmental Agreement SPR South Platte River SPWG2 South Platte Wo rking Group 2 SSPRD South Suburban Park and Recreat ion District MWDG McLaughlin Whitewater Des ign Group UDFCD Urban Drainage and Flood Con1rol Distric t US/\CE United States Army Co rps o f Engine ers • DCM -Reducing Flood Risks by Promoti ng Healthy Stream Systems 2 2 AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATTE RIVER AT OXFORD A VENUE Agreement No. 11-07.25 THIS AGREEMENT. made this JI, n-1-day of :bECEJ..fdEle.,_ , 2011, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and COLORADO WATER CONSERVATION BOARD (hereinafter called 11CWCB") and collectively known as "PARTIES"; WJTNESSETH: WHEREAS, DISTRICT, 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 participated in a joint planning study titled "Major Drainageway Planning South Platte River, Chatfield to Baseline Road" by Wright Water Engineers, dated November 1985 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with construction of drainage and flood control improvements for the South Platte River at Oxford Avenue (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 68, Series of 20 I 0) for drainage and flood control facilities in which PROJECT was included in the 201 I calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2011 subsequent to public hearing (Resolution No. 69, Series of 20IO) which includes funds for PROJECT; and WHEREAS, DJSTRICT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No._, Series of2011); and WHEREAS, the Board of Directors of the CWCB and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PART(ES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: I. SCOPE OF AGREEMENT This Agreement defines the rnsponsibilities and financial commitments of PARTrES with respect to PROJECT. 2. SCOPE OF PROJECT A. Final Design. The final design of improvements for PROJECT has been completed by DISTRICT. Specifically, the final design of facilities shall extend from approximately 400 L.r-. downstream of Oxford Avenue to 1,000 L.F. upstream of Oxford Avenue, as shown on Exhibit A. \lfcm\11g1m11t\l l\l I 072S B. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design including vegetati~n establishment. 3. PUBLIC NECESSITY PARTIES agree that the work perfonned 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 DISTRJCT and the property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS s. A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Construction of improvements; 2. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $396,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: !IBM AMOUNT 1. Construction $396,000 2. Contingency 0 Grand Total $396,000 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. C, Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum ShAre Contri~ution DISTRICT 15% $297,000 CWCB 25% 99,000 TOTAL 100% $396,000 MANAGEMENT QE ElliAN~ES As set forth in DISTRICT policy {Resolution No. l I, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of2009), the funding of a local body's share may come from its own revenue sources or from funds received from state, federal or other sources off unding without limitation and without prior Board approval. Payment of each party's full share (CWCB -$99,000; DISTRICT-$297,000) 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 \dcm\agrmnt\11\110725 2 , .. • SPWG2 ProjE!ct List .. 9/11/20141:04 PM d Name River Enhancements Downstream of Oxford Trail and Underpasses ' ,,. Trailhead and River Access River EnhancementS Upstream of Oxford 0 Locat ion Pedestrian Brfdge downstream of Oxford to OMford Avenue Pedestrian Bridge downstream of Odord to Pedestrian Bridge upstream of Union Pedestrian Bridge downstream of Oxford to Oxford Avenue Oxford Avenue to approximately 1,700 LF upstream Features River reshaping from Pedestrian Bridge at Broken Tee GC to Oxford Avenue Bridge, two boat chutes, boulder counter weir drop at pedestrian bridge, portage trails, take-outs, river enhancements, cobble beach area downstream of Oxford, and vegetation enhancements. Underpasses at Union and Oxford Avenues, safety lmprovemenu at Intake plant, river access north of Oxford (eastslde only • boulder walls crusher fines path to rlverl, storm drain outfall Improvements, grading of eastside trallhead, concrete trail connection between underpasses. Westside parking lot expansion, eastside parking expansion, waler quality for eastslde !railhead improvements, picnic she lter, restrooms, hardscaping, playground, landscaping, formalize river access (east and west banks north of Oxford), upland plantings screening. Four boat chutes (grouted boulder drops), river enhancements and channel reshap ing, and vegetation enhancementS. River Run Park Schedule Sponsors Cont ribution Contribution Contribut ion Contrlbuticm Contribution Cont rlbutJon Contribution 20 12 2013 20 14 2015 2016 2017 Total Notes Construction Begin ACOS $675,000 $675,000 $1,350,000 • Ask Is from yearly Projects Bill,•• Englewood Ask amounts Fall 2015 to Spring Columbine Valley NA planning money from ACOS SSOk, City of ~u~ted 2016 cwcB• ,_$99,000 $50,000 $50noo $199,000 Englewood $80k. Green cell Indicates Encumbered Funds Englewood•• $25,000 $25,000 budgeted/anticipated dollars, Yellow cell ~~a.fly E-9.cu~~ GOCO $350,00!! $350,000 indicates what the ask is, No color cells indlcacte Littleton NA estimates (no commitment) for the purpose of Sheridan $100,000 S100,0~ $200,000 understanding proposed budget numbers. Design SSPR $25,000 $25,000 of Phase I, II & Ill (except easts lde trailhead ~ improvements in Phase 1111, two boat chutes UOFCD $297,000 $254,000 $551,000 Other $0 (grouted boulder drops), boulder counter wei r Total S396,000 so $1.129,000 $1,175,000 $0 so $2,700,000 drop at pedestri;m bridIe, portaIe trails, take · Check $2,700,000 outs, river enhancements, cobble beach area Budget $2,700,000 downstream of Oxford, Temporary transitions . Needed so Construction Begin ACOS $800,000 $800,000 $800,000 $2,400,000 Green cell Indicates budgeted/anticipated dollars, Fall 201S to Spring Columbine Valley NA Yellow cell Indicates what the llSk i s, No color cells 2017 CWCB ~50llM~ sso,ooo indicate estimates (no commitrnen!I for the Englewood $75,000 S25,000 S25,000 $125,000 purpose of understanding pr oposed budget GOCO so numbers. Underpasses at Union and Oxford Littleton NA Avenues, safety Improvements at Intake plant, Sheridan $100,000 S200,000 $200,000 $500,000 pave trail from 811 Ory Creek through plant, rough $175,000 --$225,000 $225,000 $225,000 -SBS0,000 In river access north of Oxford (eastside only · SSPR UOFCD $75,000 $100,D00 $150,000 $200,000 S525,000 boulder walls crusher fines path to riverl, storm Other so drain outfall Improvements, gradin1 of eastslde Total so so $1,225,000 $1,350,000 $1,450,000 $425,000 S4,450,000 trallhead, water quality at eastslde trallhead, Check $4,450000 parking paving at eastslde trallhead, rough In pads Budget Total $4,800,000 for restroom/shelter, site utilities. Needed $350 ,000 Construction Begin ACOS $550,000 $550,000 $550,000 $1,650,000 Green cell indicates budgeted/anticipated doll ars, Fall 2015 to Spring Columbin e Vall ey NA Yellow cell indicates what the ask is, No col or cells 2017 CWCB -uoooo -$50,000 Indicate estimates (no commitment) for the -Englewood $130,000 S300,000 $300,000 $370,000 $1,100,000 purpose of understandln1 proposed budaet GOCO so numbers . Four boat chutes (grouted boulder Littleton NA dropsl, river enhancements, Wests ide parking Sheridan S25.000 $25,000 $25,000 $25,000 $100,000 expansion, picnic shelter, restrooms, hardscaping, SSPR $25,000 $25,000 $25,000 S75,000 playground, landscap ing, concrete trail connection UDfCD $100,000 $100,000 I S100,000 S300,000 between underpasses, formal ize river access (east Other _s_o_ ;ind west banks north of Oxlordl, u pla nd pl antings Total so $0 $155,000 $1,000,000 S1,000,000 $1,120,000 $3,275,000 scr eening. Check $3,275,000 ----Budget Total S3,300,000 Needed $25 ,000 Construction Begin ACOS $650,000 _ $650,000 $650 ,000 $1,950,000 Green cell Indicates budgeted/anticipated dollars, Fall 2015 to Spring Columbine Valley NA Yellow cell Indicates what the ask Is, No color cells 2017 CWCB $0 indicate estimates (no commitment) for the Englewood $0 purpose of understandinc pro posed budget GOCO $0 numbers Littleton NA Sheridan $2S.Dll'!) _ SS0,000 sso.ooo $50,000 $175,000 SSPR so UDFCO Sl71,000 -$550,000 $sso,ooo ' -$500.000 $1,771,000 Other so Total $0 so $196,000 $1,250,000 $1,250,000 s1.200,000 $3,896,000 Check $3,896.000 Budget Total $3,900,000 Needed $4,000 Total Pr oj!_CI Contribut ion J S396,000 I $0 I s2. 1os.ooo I S4.ns,ooo I S3, 100.000 I $2,745,000 $14,321,000 Check $14 321.000 Total Project Budget $14,700,000