HomeMy WebLinkAbout2013 Ordinance No. 033•
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ORDINANCE NO. ~ g
SERIES OF 2013
BY AUTHORITY
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED " AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEW AY
PLANNING AND FLOOD HAZARD AREA DELINEATION FOR BIG DRY CREEK
(DOWNSTREAM OF COUNTY LINE)" BETWEEN THE URBAN DRAINAGE AND FLOOD
CONTROL DISTRICT, GREENWOOD VILLAGE AND THE CITY OF ENGLEWOOD .
WHEREAS, Englewood participated in the last comprehensive analysis of Big Dry Creek in
1998;and
WHEREAS, Urban Drainage and Flood Control District (UDFCD) programmed a new study
of the Big Dry Creek Drainageway from County Line Road to the South Platte River; and
WHEREAS, the project will include new mapping of Big Dry Creek from County Line Road
to the Platte River, development of a Mater Plan, and defining the Flood Hazard Area; and
WHEREAS, the cost sharing proposal is favorable to the City of Englewood and benefits the
Englewood citizens with: Identifying design storm flows for future improvements (i.e. crossing
structures); identifying areas needing stabilization; identifying regional water quality
opportunities; and Floodplain management for future development; Hydrologic information and
locations, alignments, and sizing of storm sewers, channels, and detention/retention basins; New
mapping of flood hazard areas and limits; and Cost estimates for budgeting purposes; and
WHEREAS, there are no Federal Funds being used as this project will be funded by funds
received from the Urban Drainage and Flood Control District, the Southeast Metro Stormwater
Authority, the City of Greenwood Village and the City of Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement entitled "Agreement Regarding Funding of Major Drainageway
Planning and Flood Hazard Area Delineation for Big Dry Creek (Downstream of County Line)"
between the Urban Drainage and Flood Control District, Southeast Metro Stormwater Authority,
Greenwood Village and the City of Englewood, a copy of which is marked as "Exhibit A" and
attached hereto.
Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said
Intergovernmental Agreement on behalf of the City of Englewood .
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Section 3. No federal funds are being used for the Major Drainageway Planning and Flood
Hazard Area Delineation for Big Dry Creek project.
Introduced, read in full, and passed on first reading on the 15th day of July, 2013.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19 th day of
July, 2013.
Published as a Bill for an Ordinance on the City's official website beginning on the l 7lh day of
July, 2013 for th irty (30) days.
Read by title and passed on final reading on the 5th day of August, 2013.
Published by title in the City's official newspaper as Ordinance No33, Series of 2013, on
the 9th day of August, 2013 .
Published by title on the City's official website beginning on the 7th day of
August, 2013 for thirty (30) days.
P. Perm, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing i~ J:.rue copy of the Ordinance passed on final reading and published by
title as Ordinance No.5_.6_,: Series of 2013.
Loucrishia A. Ellis
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AGREEMENT REGARDING FUNDING OF
MAJOR DRAINAGEW AY PLANNING AND
FLOOD HAZARD AREA DELINEATION FOR
BIG DRY CREEK (DOWNSTREAM OF COUNTY LINE)
Agreement No. 13-06.02
THIS AGREEMENT, made this _____ day of ________ , 2013, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
SOUTHEAST METRO STORMWATER AUTHORITY (hereinafter called "SEMSWA"), CITY OF
GREENWOOD VILLAGE (hereinafter called "GREENWOOD") and CITY OF ENGLEWOOD
(hereinafter called "ENGLEWOOD"); (hereinafter SEMSW A, GREENWOOD and ENGLEWOOD shall
be collectively known as "LOCAL SPONSORS" and DISTRICT and LOCAL SPONSORS shall be
collectively known as "PARTIES");
WITNESSETH THAT:
WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No . 14, Series of
1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning
measures; and
WHEREAS, DISTRICT has previously established a Work Program for 2013 (Resolution No. 57,
Series of 2012) which includes master planning; and
WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan and
flood hazard area delineation (FHAD) for Big Dry Creek downstream of County Line Road (hereinafter
called "PROJECT"); and
WHEREAS, PARTIES desire to acquire mapping needed to conduct the engineering studies for
PROJECT; and
WHEREAS, PAR TIES desire to engage an engineer to render certain technical and professional
advice and to compile information, evaluate, study, and recommend design solutions to such drainage
problems for PROJECT which are in the best interest of PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2 . PROJECT AREA
3.
DISTRICT shall engage an engineer and obtain mapping as needed to perform or supply necessary
services in connection with and respecting the planning of PROJECT of the area and watershed
shown on the attached Exhibit A dated April 2013, (hereinafter called "AREA") .
SCOPE OF PROJECT
The purpose of PROJECT is to develop a drainageway master plan and FHAD, including
hydrologic information and the locations, alignments, and sizing of storm sewers , channels ,
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detention/retention basins, and other facilities and appurtenances needed to provide efficient
storm water drainage within AREA. The proposed work shall include, but not be limited to,
mapping; compilation of existing data; necessary field work; and development and consistent
evaluation of all reasonable alternatives so that the most feasible drainage and flood control master
plan can be determined and justified for AREA. Consideration shall be given to costs, exi s ting and
proposed land use, existing and proposed drainage systems, known drainage or flooding problems ,
known or anticipated erosion problems, stormwater quality, right-of-way needs, existing wetlands
and riparian zones, open space and wildlife habitat benefits, and legal requirements. Conceptual
alternate plans shall be developed such that comparison with other alternates can be made.
Drainage system planning shall be done in two phases by the engineer engaged by DISTRICT,
culminating in a drainage master plan report. During the first phase, the selected engineer shall
perform all studies and data gathering needed to prepare an alternatives analysis report containing a
brief PROJECT description, study history, schematics of alternatives developed, their costs, and a
discussion of the pros and cons of each alternative. A single alternative will be selected by
PARTIES after the review and evaluation of the alternatives analysis report. During the second
phase , the engineer shall be directed to prepare a preliminary design for the selected alternative,
which shall be included in the final drainage master plan report.
4. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is ofparticularbenefit
to the inhabitants of PAR TIES and to their property therein.
5 . PROJECT COSTS
PAR TIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be
limited to, mapping, master planning, FHAD and related services and contingencies mutually
agreeable to PARTIES. Project costs are estimated not to exceed $250,000.
6. FINANCIAL COMMITMENTS OF PARTIES
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PARTIES shall each contribute the following percentages and maximum amounts for PROJECT
costs as defined in Paragraphs 5:
Master Plan
Percentage Share
DISTRICT
SEMSWA
GREENWOOD
ENGLEWOOD
TOTAL
MANAGEMENT OF FINANCES
50 .00%
35.50%
8.50%
6.00%
100.00%
Maximum
Contribution
$100,000
$71,000
$17,000
$12,000
$200,000
FHAD
Contribution
$50,000
$50,000
Payment by DISTRICT of $150,000, by SEMSW A of $71,000, by GREENWOOD of $17,000 and
by ENGLEWOOD of $12,000 shall be made to DISTRICT subsequent to execution of this
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8.
Agreement and within thirty (30) calendar days of request for payment by DISTRICT. The
payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of
PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic
accounting of PROJECT funds as well as a periodic notification to LOCAL SPONSORS of any
unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued
to the special fund established by DISTRICT for PROJECT and such interest shall be used only for
PROJECT and will not require an amendment to this Agreement.
In the event that it becomes necessary and advisable to change the scope of work to be performed,
the need for such changes shall first be discussed with PARTIES, and their general concurrence
received before issuance of any amendments or addenda. No changes shall be approved that
increase the costs beyond the funds available in the PROJECT fund unless and until the additional
funds needed are committed by PARTIES by an amendment to this Agreement.
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or dispersed, each party shall receive a share of
such monies, which shares shall be computed as were the original shares.
PROJECT MAPPING
Upon execution of this Agreement DISTRICT will solicit priced proposals for mapping services
and engage the mapping firm submitting the lowest priced proposal that is also judged by
DISTRICT to be responsible and qualified to perform the work. DISTRICT reserves the right to
reject any proposal and to waive any formal requirements during the evaluation of the proposals.
DISTRICT will administer the contract with the mapping firm. The mapping services contracted
by DISTRICT will provide for topographic mapping at a 2-foot contour interval and a scale of
I-inch= 100-feet.
9. MASTER PLANNING AND FHAD
Upon execution of this Agreement, PAR TIES shall select an engineer mutually agreeable to
PARTIES . DISTRICT, with the approval of LOCAL SPONSORS, shall contract with the selected
engineer, shall administer the contract, and shall supervise and coordinate the planning for the
development of alternatives and of preliminary design.
10. PUBLISHED REPORTS AND PROJECT DATA
DISTRICT will provide to each of LOCAL SPONSORS one copy of the draft FHAD report and
one copy of the final FHAD report and one copy of the final conceptual design report in Electronic
Master Plan ( ePlan) format.
Upon completion of PROJECT, electronic files of all mapping, drawings , and hydro logic and
hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to any
LOCAL SPONSORS requesting such data.
11. TERM OF THE AGREEMENT
The term of this Agreement shall commence upon final execution by all PARTIES and shall
terminate two years after the final master planning report is delivered to DISTRICT and the final
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accounting of funds on deposit al DISTRICT is provided to all PARTIES pursuant to Paragraph 7
herein.
12. LIABILITY
Each party hereto shall be responsible for any suits , demands , cost s or action s at law resultin g from
it s own acts or omi ss ion s and may in sure again s t such po ss ibilities as appropriate .
13. RESPONSIBILITIES OF LO CAL SPONSORS
Each L OCA L SP ON SOR agrees to desi gnate and ass i gn a PRO JEC T repre sentative to act on its
behalf in all matters rel at ed to PROJECT. Said representative shall coordinate all PROJECT-
related is sue s between PARTIES , shall attend all progress meetings, and shall be responsible for
providing all available PROJECT-related file information to the engineer upon request by
DISTRICT. Said representative shall have the authority for all approvals, authoriz ations , notices,
or concmTences required under thi s Agreement with the exception of the authority to ex e cut e thi s
Ab,TJ.·eement or any amendments or addend a to thi s Agreement , unle ss specifically authmi z ed to do
so by the LO CAL SPONSOR bein g repres ented .
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LOCAL SPONSORS agre e t o re view all dra ft reports and to provide comments within 21 calendar
days after the draft reports have been provided by DISTRICT to LOCAL SPONSORS. LOCAL
SPONSORS al so agree to evaluate the alternatives presented in the alternatives analysis report, to
select an alternative , and to notify DISTRICT of their decision(s) within 60 calendar days after the
alternatives analysis report is provided to L OCA L SPONSORS by DI STIU C T. •
14 . RESPONSIBILITIES OF DIS T RI CT
Notwithstanding any of the pro vision s of the Agreement, the Executiv e Director of DISTRICT,
after coordination with LOCAL SPONSORS , shall be the only individual authorized to direct or
redirect the effort funded under thi s Agreement. DISTRICT may appoint a Project Director who
shall represent the Executive Director in matters related to PROJECT . DISTRICT shall be
responsible for coordinating with LOCAL SPONSORS the information developed by the various
consultants hired by DISTRICT and for obtaining all concurrences from LOCAL SPONSORS
needed to complete PROJECT in a timely manner.
15 . AMENDMENTS
This Agreement contain s all of the tenn s agreed upon by and among PARTIES . Any amendments
to this Agreement shall be in writing and executed by PARTIES hereto to be v alid and binding.
16 . SEVER.ABILITY
If any clause or provi sion 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.
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This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Venue for any and all legal actions arising under the Agreement shall lie in the District
Court in and for the County of Denver, State of Colorado.
18. 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.
19 . BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and
to their respective success ors and permitted assigns.
20 . ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement ma y be enforced in law or in equity,
by decree of specific performance or damages, or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
21 . TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) days written notice by any party to this
Agreement, 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.
22. 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 ofrace, 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.
23. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
LOCAL SPONSORS 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 each LOCAL
SPONSOR and/or DISTRICT.
24. 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 expres s intention of PAR TIES that
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any person or party other than any one of LOCAL SPONSORS or DISTRlCT receiving services or •
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
25. ILLEGAL ALIENS
PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C .R.S. el
seq . The following language shall be included in any contract for public services : "The Consultant
or Contractor shall not and by signing this Agreement certifies that it does not lmowingly employ
or contract with an illegal alien to perform work under this Agreement. Consultant or Contractor
shall not enter into a subcontract with a subcontractor that fails to certify to the Consultant or
Contractor that the subcontractor shall not knowingly employ or contrnct with an illegal alien to
perform work under this public contract for services. Consultant or Contractor affinns that they
have verified through participation in the Colorado Employment Verification program established
pursuant to 8-17.5-102 (5)(c) C.R.S. or the Electronic Employment Verification Program
administered jointly by the United States Department of Homeland Security and the Social Security
Administration that Consultant or Contractor does not employ illegal aliens. Consultant or
Contractor is prohibited from using these procedures to undertake pre-employment screening of job
applicants while the public contract for services is being performed.
In the event that the Consultant or Contractor obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal alien, the
Consultant or Contractor shall be required to:
A Notify the subcontractor and PARTIES within three days that the Consultant or Contractor
has actual knowledge that the subconh·actor is employing or contracting with an illegal alien;
and
B . Terminate the subcontract with the subcontractor if within three days of receiving the notice
required the Subcontractor does not stop employing or conh·acting with the illegal alien;
except that the Consultant or Contractor shall not terminate the contract with the
Subcontractor if during such three days the Subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien.
Consultant or Contractor is required under this Agreement to comply with any reasonable request
by the Colorado Deparhnent of Labor and Employment (DEPARTMENT) made in the course ofan
investigation DEPARTMENT is undertaking pursuant to its legal authority.
Violation of this section of this Agreement shall constitute a breach of this Agreement and may
result in termination by PARTIES. Consultant or Contractor shall be liable to PARTIES for actual
and consequential damages to PARTIES resulting from such breach pursuant to §8-17.5-101(3)
C.R.S. PARTIES shall also report any such breach to the Office of the Secretary of State.
Consultant or Contractor acknowledges that DEPARTMENT may investigate whether Consultant
or Contractor is complying with the provision of the Agreement. This may include on-site
inspections and the review of documentation that proves the citizenship of any person performing
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work under this Agreement and any other reasonable steps necessary to determine compliance with
the provisions of this section."
26. EXECUTION IN COUNTERPARTS
This Agreement shall be executed by PARTIES in counterparts and only upon execution of the
responsible counterparts by everyone listed herein shall this Agreement be treated as executed by
PARTIES.
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:
APPROVED:
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ______________ _
Title Executive Director
Date _____________ _
SOUTHEAST METRO STORMW ATER
AUTHORITY
By ______________ _
Title. _____________ _
Date, _____________ _
(SEAL)
ATTEST:
APPIZOVJ~D:
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CITY OF GREENWOOD VILLAGE • By _____________ _
Title _____________ _
Date --------------
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(SEAL)
ATTEST:
Loucrishia A. Ellis, City Clerk
APPROVED :
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CITY OF ENGLEWOOD
By ____________ _
Randv P. Penn
Title Mayor
Date. _____________ _
AGREEMENT REGARDING FUNDING OF
MAJOR DRAINAGEW A Y PLANNING AND
FLOOD HAZARD AREA DELINEATION FOR
BIG DRY CREEK (DOWNSTREAM OF COUNTY LINE)
Agreement No. 13-06.02
EXHIBIT A
Big Dry Creek MDP & FHAD
Approximate Watershed Limits
April 2013
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
July 15, 2013 9 a iii Intergovernmental Agreement with Urban
Drainage and Flood Control District for
Big Dry Creek
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Deputy Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Englewood participated in the last comprehensive analysis of Big Dry Creek in 1998.
• Staff discussed this proposed Agreement with City Council at the July 8, 2013 Study Session.
RECOMMENDED ACTION
Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the Urban
Drainage and Flood Control District (UDFCD).
The agreement covers financial commitments regarding Major Drainageway Planning and Flood Hazard
Area Delineation for Big Dry Creek (downstream of County Line) .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Urban Drainage and Flood Control District (UDFCD) programmed a new study of the Big Dry Creek
Drainageway from County Line Road to the South Platte River. The project request was initiated by the
Southeast Metro Stormwater Authority (SEMSWA), with the Cities of Greenwood Village and Englewood
listed as "local sponsors".
This is the first comprehensive study of Big Dry Creek drainageway since 1998. The project will include
new mapping of Big Dry Creek from County Line Road to the Platte River, development of a Master Plan,
and defining the Flood Hazard Area.
Benefits to our citizens include:
• Identifying design storm flows for future improvements (i.e. crossing structures)
• Identifying areas needing stabilization
• Identifying regional water quality opportunities
• Floodplain management for future development
• Hydrologic information and locations, alignments, and sizing of storm sewers, channels, and
detention/retention basins
• New mapping of flood hazard areas and limits
• Cost estimates for budgeting purposes
Pending funding approval by the other co-sponsors, the project kickoff is anticipated around the first week
of September. The UDFCD will retain the services of a qualified engineering firm to complete the project.
UDFCD will manage the project with regular meetings and updates provided to the project sponsors . The
process is expected to take approximately eight months to complete.
Several factors are considered by the UDFCD when determining the cost-sharing agreement for each
sponsor including who requested the study, the contributing drainage area from each jurisdiction, the •
length of drainageway flowing through each jurisdiction, and the benefit received by doing the study. Staff
finds the cost sharing proposal favorable to the City of Englewood.
FINANCIAL IMPACT
The total estimated cost of the "Master Plan Study" and "Flood Hazard Area Delineation" is $250,000. The
UDFCD proposed funding is detailed below:
UDFCD
SEMSWA
Greenwood Village
Englewood
Total
$150,000
71,000
17,000
12,000
$250,000
Englewood 's $12,000 share will be funded by the City's Stormwater Utility Fund.
LIST OF ATTACHMENTS
Bill for an Ordinance
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