HomeMy WebLinkAbout1981 Ordinance No. 042Jl1'
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ORDINANCE NO. J/~
SERIES OF 1981
BY AUTHORITY
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COUNCIL BILL NO. 45
INTRODUCED BY COUNCIL
MEMBER KEENA
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO, AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT PROVIDING
FOR CONSTRUCTION OF FLOOD CONTROL IMPROVEMENTS ON LITTLE DRY CREEK.
BE IT ORI'AINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. City Council of the City of Englewood hereby approves
a contract titled "Agreement Regarding Construction of Improvements
to Little Dry Creek (Arapahoe), Schedule I Agreement No. 81-4.2"
consisting of five typewritten pages, attached hereto and incor-
porated herein by reference, which generally provides as follows:
1) City and District shall improve Little Dry Creek from
confluence with South Platte River upstream to Santa Fe Drive.
2) District shall pay $374,850 and City shall pay $374,850
District shall hold funds in special account and make periodic
payments therefrom .
3) City shall administer the construction contract, conduct
bidding process and coordinate construction.
4) City shall own completed facility and maintain facility.
District shall assist in maintenance to the extent funding is
available.
Section 2. City Council of the City of Englewood hereby author-
izes the Mayor and Director of Finance, ex officio City Clerk-
Treasurer, to approve and attest the same for and on behalf of the
City of Englewood.
Introduced, read in full, and passed on first reading on
the 18th day of May, 1981.
Published as a Bill for an Ordinance on the 20th day of
May, 1981.
Head by title and passed on final reading on the 1st day
of June, 1981 •
Published by title as Ordinance No. ---st~ , Series of 1981,
on the 3rd day of June, !981.
~?ft(Ph <Jfui\eL. OS~Mayor
Attest:
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I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No. ~, Series of 1981.
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AGREEf'ENT REGARDING
CONSTRUCTION OF IMPROVEMENTS TO LITTLE DRY CREEK (ARAPAHOE),
SCHEDULE I
Agreement No. 81-4.2
THIS AGREEMENT, made this day of , 1981,
by and between the CITY OF ENGLEWOOD (hereinafter cal led "CITY") and the URBAN
DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT")i
WITNESSETH:
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 flood plain zoning measures• and
WHEREAS, CITY. where the improvements are located, has adopted flood plain
regulations for Little Dry Creeki and
WHEREAS, the DISTRICT, CITY, Cherry Hills Village, Greenwood Village, the
County of Arapahoe and County of Douglas cooperated in the preparation of a
drainage master plan for Little Dry Creek entitled "Major Drainageway Planning,
Uttle Dry Creek" by McCall-Ellfogson and Morrill, Inc., dated February, 1974,
and;
Wllll~EAS, the DlSHHCT has adopted at a public hearing a 5-year capital
improvement program (Resolution No. 51, Series of 1980) that includes the con-
struction of drainage and flood control facilities for Little Dry Creek in the
CITY in the 1981 calendar year; and
WHEREAS, CITY and DISTRICT are jointly having prepared final design and
delineation of required right-of-way for flood control in.,rovements on little
Dry Creek within CITY by Sellards and Grigg, Inc. (Agreement No. 79-6.7 dated
July 12, 1979)i and
WHEREAS, the DISTRICT has heretofore adopted a special revenue fund budge~
for the calendar year of 1981 subsequent to public hearing (Resolution No. 44,
Series of 1980) which includes funds for the construction of flood control
improvements on Little Dry Creek from South Platte River to Santa Fe Drive• and
WHEREAS, DISTRICT Board has authorized DISTRICT financial participation for
construction of flood improvements on Little Dry Creek from South Platte River
to Santa Fe Drive (Resolution No. 21, Series of 1981)i
NOW, THEREFORE, in consideration of the im.1tual promises contained herein
Parties agree as follows:
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1. SCOPE OF THIS AGREEMENT
This Agreement defines responsibilities and financial co11111itments of
the CITY and DISTRICT with respect to construction of flood control iqirovements
on Little Dry Creek as defined herein.
2. SCOPE OF PROJECT
The project will consist of construction of flood control iq>rovements
on Little Dry Creek from the confluence wtth South Platte River upstream to Santa
Fe Drive. The construction will be in accordance with the approved plans and
specifications prepared by Sellards and Grigg, Inc. and change orders approved
in accordance with section 7 of this Agreement. The construction will extend
from station 0+91 to station 10+25 as set forth on the plans prepared by Sellards
and Grigg, Inc. The plans and specifications prepared by Sellards and Grigg, Inc.
are considered a part hereof by reference, the same as if attached hereto.
3. PUBLIC NECESSITY
The CITY and DISTRICT agree that iq>rovements authorized pursuant to
this Agreement are necessary for the health, safety, comfort and convenience and
welfare of all people of the State and are of special benefit to the inhabitants
of the OISTRICT and the property therein.
4. PROJECT COSTS
4.1 Project costs shall consist and be limited to the following:
A. Construction costs as incurred by the lowest qualified
responsive bidder.
B. Authorized written change or work orders.
C. Utility relocation costs.
D. Necessary licenses and permits, and
E. Construction field surveying, staking, inspection, supervision
and materials testing.
4.2 It is understood that project costs as defined above are estimated
to not exceed $749,700. Estimated project costs are set forth as follows:
A. Construction costs per engineer's estimate: $680,000.00
B. Construction field surveying, staking,
inspection and supervision of materials
testing (5% of A):
C. Contingencies (SS of A and 8):
TOTAL
34,000.00
35,700.00
$749,700.00
These amounts may be increased without further authorization by an amount
est accrued on deposits by CITY and DISTRICT.
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5. ALLOCATION ANO PAYMENT OF PROJECT COSTS
5.1 DISTRICT and CITY each shall contribute SOS of the project costs
as defined above up to a maxilllJffi expenditure of $374,850 plus any accrued interest
on the project funds on deposit with the DISTRICT by each par~. DISTRICT shall
manage the finances to accoo1>1ish the project as set forth herein. Upon execution
of the Agreement, DISTRICT and CITY shall each 1111ke pay111tnt to DISTRICT, within
thirty (30) days, of their respective shares for the esti1111tes cost of the project
which are as follows: DISTRICT $374,850
CITY $374,850
5.2 As set forth in DISTRICT Policy (Resolution No. 11, Series of 1973
and Resolution No. 49, Series of 1977) if 11\Y funding froll Federal, State or other
sources, excluding: contribution from DISTRICT, in lieu taxes for Federal funds,
Federal Revenue Sharing Program, Federal COllllUnity Development Program or such
similar discretionary programs as approved by the Board of the DISTRICTi shall
first be deducted from the project total cost and the shares of CITY and DISTRICT
recomputed on a SOS -SOS basts.
5.3 Payments by the DISTRICT and the CITY shall be held by the DISTRICT
in a specia l fund to pay for increments of the project as authorized by DISTRICT
and CITY. DISTRICT will ~rovide a periodic accounting of project funds as well
as periodic notification to CITY of any unpaid obligation. Ar\Y interest earned
by the monies contributed by the DISTRICT and CITY shall be accrued to the
special fund established by DISTRICT for this project. and such interest shall
be used only for this project. DISTRICT shall disburse payments for construction
and construction engineering per contracts with the low bidder and the selected
engineer respectively as approved by both the DISTRICT and the CITY as set forth
in Section 6 of this Agreement.
5.4 In the event that upon completion of the project, monies, including
any interest earned, shall remain which are not committed, obligated or disbursed,
each party shall receive a fifty percent share of such monies.
5. CONSTRUCTION CONTRACTS
The Parties agree that the CITY, through its Director of Public Works,
or his representative, shall be responsible for the administration of the con-
struction contracts as provided herein. DISTRICT shall work with the CITY and
provide the CITY the assistance needed to accomplish construction.
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6 .l C lTY will adverthe for t:1.rnstructiun bids, .:.>ndud" fonri..tl l'iJ ,1~'c'11in~.
prepJ re fvnnal construction contr.ut doc"'9ents, 1nd .a••rJ "·"mstr"'tion 1.·"mtr~~ts
with .l P~'roval of DISTRICT.
6 .2 CITY will coordinate field suneytng, st1kift9, tni.,.cti~. s~rvi>ion
and te s ting as required to construct the proposed dr1inege i•roYelleftts. CITY
will as sure that 'onstruction is perfo.-..d in 1ccor6Mnce with •PPl'\)¥ed plans
and specifications, ind will accur1tely record U. quantities 1nd costs relative
then~ to .
6 .3 CITY •ith DISTRICT concurrence will prepAre and issue 111 written ch'1n1Je
or wor .. orders to the contrac: t documents.
6 .4 CITY and DISTRICT shall jointly conduct 1 fin1l inspection of cQ111Pleted
fa c il i t i es.
6 .S CITY will provide the DISTRICT with 1 set of ~l1r reproducible •11
built" drawings.
7 . C ONSTRUflJON_qt_A_~!i!. 9~Q.~~S
In the event that, in the prosecution of the wurk under the construction
contract, it becomes necess1ry and advisable to chlnge the S\:ope or det1i1 of
the wo r k to be perfonned under the contract(s). such changes shall be approved
by the CITY and DISTRICT.
In the event that any change orders which are M•ntiuned in the paragraph
i 111 11ed i ately above require funds or monies in addition to those which have previuusly
been dep osited and conmitted, the appropriate shires of such 1ddition1l costs shill
be comp uted in the s1me fashion 1s were th• ortgin1l shires 1s set forth in Section
5 of thi s Agr cenent. Such additional monies shill be deposited by the respective
par ti es i nto the Little Dry Creek (Arapahoe) Special Fund of the DISTRICT prior to
t he chan ge being issued. Such additional funding shall require anendment of this
Agreeme nt only when total costs exceed those set forth in Section 4.2.
8. OWNERSHIP ANO MAtNrENANCE
Parties agree that CITY shall own the cornpleted f1cilities and r1ghts-
of-wily ac quired by virtue of th i s l\yrc cment within their respective boundaries.
The Pa r ties further agree that DISTRICT, subject to the 1v1tl1bility of funding,
s ha ll assist ClTY with the maintenance of 111 facilities constructed or modified
by vi rtue of this Agreement. Such maintenance assistance will be limited to
drainage and flood control features of the project. The specific n1ture and terms
of t he maintenance assistance shall be set forth in a scpar1te memorandllft of
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understanding between DISTRICT and CITY. Proposed memoranda of understanding shall
be submitted by DISTRICT to CITY for their review within sixty {60) days following
the acceptance of the i~rovements. Maintenance assistance may include activities
such as keeping flow areas free and clear of debris and silt. cutting and controlling
grass and weeds in the channel right-of-Wl,Y, keeping culverts free of debris and
sediment. repairing drainage and flood control structures. such as drop structures
and energy dissipators, repair eroded sections of channel and drainage right-of-way,
and clean-up measures after periods of heavy runoff.
9. TERMINATION OF AGREEMENT
This Agreement may only be tenninated upon mutual agreement of both
Parties and only upon the abrogation of all contingent, outstanding contracts.
All costs associated with the cancellation of the contingent contracts shall be
shared between the two Parties.
10. CONTRACTING OFFICERS AND NOTICES
10.1 The contracting officer for CITY shall be Public Works Director,
3400 South Elati. Englewood. Colorado 80110.
10.2 The contracting officer for DISTRICT shall be the Executive Director,
2480 West 26th Avenue. Suite 1568, Denver, Colorado 80211 •
10.3 Any notice relative to this contract shall be deemed delivered when it
is addressed to the contracting officer of the other agency and placed in the U.S.
postal mails as certified mail.
WHEREFORE. the Parties hereto have caused this instrllllent to be executed by
properly authorized signatories as of the date and year above written.
(SEAL)
ATTEST:
(SEAL)
ATTEST:
THE URGAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By __ _
Title Executive Director
Date~~~~~~~~~~~-
CITY OF ENGLEWOOD, COLORADO
e.y __ _
Title Mayor
Date~~~~~~~~~~~
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