HomeMy WebLinkAbout1981 Ordinance No. 037.,. ..
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ORDINANCE NO. J ·1
SERIES OF 1981
BY AUTHORITY
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT
COST OF REPLACEMENT OF THE SOUTH PLATTE RIVER
LITTLE DRY CREEK.
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER KEENA
CITY OF ENGLEWOOD AND
PROVIDING FOR SHARED
DRIVE BRIDGE OVER
WHEREAS, the City of Englewood has, by virtue of Ordinance
No. 20, Series of 1980, entered into an agreement with the State
Department of Highways; and
WHEREAS, Urban Drainage and Flood Control District agrees
to assist in replacing South Platte River Drive bridge over
Little Dry Creek.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. That the Clty of Englewood, Colorado, and the Urban
Drainage and Flood Control District shall, and hereby do, enter
into a contract for engineering and construction needed to replace
the South Platte River Drive bridge over Little Dry Creek in the
City of Englewood. This agreement is contingent and dependent
upon an agreement between the City and the State Department of
Highways, dated November 10, 1980, increasing maximum federal share
to $305,370. City shall pay $43,065 and District shall pay
$43,065. Maximum project cost is estimated to be $391,500. A
copy of said contract, consisting of four (4) typewritten pages
is attached hereto and incorporated by reference.
Section 2. The City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the City of Englewood, Colorado, to
subscribe his name to said contract for and in behalf of the City
Council and the City and the Director of Finance, ex officio City
Clerk-Treasurer to attest the same.
Introduced, read in full, and passed on first reading on
the 6th day of April, 1981.
Published as a Bill for e.n Ordinance on the 8th day of
April, 1981 .
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Read by title and passed on final reading on the 20th day
of April, 1981.
Published by title as Ordinance No.~Series of 1981,
on the 22nd day of April, 1981.
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Attest:
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
fore9oin9 is a true, accurate and complete copy of the Ordinanc:J:1 passed on final reading and published by title as Ordinance No. ,
Series of 1981.
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A~REEMENT REGARDING LITTLE ORY CREEK -
SOUTH PLATTE RIVER DRIVE CROSSING IMPROVEMENT
Agreement No. 81-3.2
TH IS AGREEMENT, made this day of _______ _
1981 by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter
called "DISTRICT") and the CITY OF ENGLEWOOD (hereinafter called "CITY··);
WITNESSTH:
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, a drainage master plan entitled "Major Drainageway Planning,
Little Ory Creek," by McCall-Ellingson & Morrill, Inc., Consulting Engineers,
dated February 1974 has been completed in cooperation with CITY, DISTRICT,
Greenwood Village, Cherryhills Village, Arapahoe County, and Douglas County;
and.
WHEREAS, DISTRICT has adopted, subsequent to a public hearing, a Five-
Year Capital Improvement Program (Resolution No. 51, Series of 1980) which
includes flood control improvements in CITY on little Dry Creek during 1981;
and
WHEREAS, federal funds have been made available through Section 135 of
the Federal Highway Act of 1976 as amended (Safer-Off-System Roads Program)
for the replacement of the So. Platte River Drive Bridge over little Dry
Creek within CITY; and
WHEREAS, federal-aid funds for this project are limited to $305,370,
or the normal pro rata share of 78% of total project costs, whichever dollar
amount is less• and
WHEREAS, total project costs are estimated to be $391,500 which
includes engineering and construction; and
WHEREAS, the local share of estimated project costs is 22% of $391,500
or $86,130 which is to be shared on a 50-50 basis by CITY and DISTRICT; and
WHEREAS, the Board of Directors of the District tResolution No. 47,
Series of 1980) and the CITY Council (Ordinance No. 20, Series of 1980 and
Ordinance No. 6, Series of 1981) have approved participation in the pro-
ject by the DISTRICT and CITY;
NOW, .THEREFORE, in consideration of the mutual promises contained herein,
the Parties agree as follows :
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1. SCOPE OF THIS AGREEMENT
This Agreement defines the responsibilities and financial comnitments
of CITY and DISTRICT with respect to the engineering and construction work
required to replace the So. Platte River Drive bridge over Little Dry Creek
in CITY. CITY and the State Department of Highways have entered into an
agreement defining certain c011111itments of CITY and the State Department of
Highways. The agreement between CITY and DISTRICT entered into herein is
contingent and dependent upon the agreement between CITY and the State
Department of highways dated November 10, 1980 as amended to increase the
maxilllMll Federal share to $305~370 which is made a part hereof by reference
as if attached hereto.
2. SCOPE OF PROJECT
The project will consist of engineering and construction needed to
replace the South Platte River Drive bridge over Little Dry Creek in CITY.
The project will be designed and constructed so as to be compatible with the
channel design for Little Dry Creek extending from the limits of this pro-
ject upstream to Santa Fe Drive. The construction of the project to which
this agreement pertains will extend from the South Platte River to approxi-
mately 150 feet upstream of the center line of the So. Platte River Drive
bridge.
3. PUBLIC NECESSITY
CITY and DISTRICT agree that improvements authorized pursuant to this
agreement are necessary for the health, safety, comfort, convenience.and
welfare of all the people of the State, and are of special benefit to the
inhabitants of the DISTRICT and the property therein.
4. PROJECT COSTS
Costs to which this agreement pertain are limited to the following:
a. Design and related costs;
b. Construction costs as incurred by the lowest qualified bidder(s);
c. Utility relocation costs;
d. Necessary licenses and permits;
e. Construction field surveying, staking, inspection and supervision,
and materials testing;
f. Contingencies and other costs necessary to construct the project
mutually agreeable to CITY and DISTRICT •
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It is understood that the project costs as defined above ire estimated
not to exceed $391,500.
5. PROJECT COST ANO COST ALLOCATION
CITY and DISTRICT will share in 221 costs with the re11111n1ng 781 to be
pa i d by the federal aid fund through the Colorado State Department of High-
ways. CITY and DISTRICT will each share equally in the 221 of projec t costs.
The total project cost is estimated to not exceed $391,500. On t his
basis, the maxin111 cost to each Party of this agreement is as follows:
DISTRICT -SOS of 221 of $391,500 -$43,065
CITY -501 of 221 of $391,500 -$43,065
The maximum cost to CITY and DISTRICT as set forth above shall not be
exceeded without amendment to this agreement. If total costs exceed $391,500,
any such additional costs, if and as approved by CITY and DISTRICT,
shall be shared on the same basis as the original shares.
6. PAYMENT OF SHARES
DISTRICT shall remit its share of project costs to CITY as costs are
incurred and upon submittal by CITY to DISTRICT of documentation of costs incurred.
7. FLOODPLAIN REGULATIONS
CITY agrees that floodplain regulations for Little Dry Creek through
CITY will remain in effect.
8. OWNERSHIP ANO MAINTENANCE
The Parties agree that CITY shall own the completed facilities. The
Parties further agree that the DISTRICT may assist CITY with the maintenance
of facilities constructed or modified by virtue of this Agreement . Such
maintenance assistance will be limited to the drainage and flood control
features of the project. The specific nature and terms of the maintenance
assistance shall be set forth i n a letter of understanding between the
DISTRICT and CITY . DISTRICT agrees to submit a proposed letter of understanding
to CITY for its review within sixty days following acceptance of the
i mprovement . Maintenance assi s t ance may i nclude activities such as
keeping flow areas free and clear of debris and silt, cutting and controlling
grass and weeds in the channel right-of-way, keeping culverts free of debris
and sediment, repairing drainage and flood control structures such as drop
structures and energy dissipators, repairing eroded sections of channel and
right-of-way and clean-up measures after periods of heavy runoff •
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WHEREFORE, the Parties hereto have caused thfs instrt.rnent to be executed
by properly authorized signatories as of the date and year first herefnabove
written.
(SEAL)
ATTEST:
(SEAL)
ATTEST:
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THE URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By~--------
Title _________ _
Date: _________ _
CITY OF ENGLEWOOD, COLORADO
By'~~~~~~~~-
Title ----------
Datei _________ _