HomeMy WebLinkAbout1988 Ordinance No. 024I
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ORDINANCE NO. ~
SERIES OF 1988
BY AUTHORITY
CCXJ?CIL BILL NO. 25
INrRaXX::ED BY COUNCIL
MEMBER HATHAWAY
AN CIIDINANCE APPRCJlll'.N:; A.1'J J\GREE2oEn' BE'lWEEN THE CITY OF ENGLEW:XlD .AND URBAN
DRAIN/1,GE AND FLCX)!) CCNI'ROL DIS'IRICT REXiARDmG DESIGN AND CXNSTRUCTION OF
Dfv\INllGE AND FL<XlD CXNI'ROL IMPROVEMENTS FOR LITl'LE DRY CREEK FRCM SANTA FE
DRIVE 'IO CINDERELLA CITY.
';\1HEREAS, t.11e City of Englewood (City) and t he Urban Drainage and Fl~.
Contro l District (District) h2ve j ointly corrpleted construction of channel
in;,rovem:nts on Little Dry Creek from South Platte River upstream to Santa Fe
Drive, fron Broa dway to Clarkson, and a detention facili ty at Englewood High
School; and
WHEREAS, City and the Colorado Department of Highways have designed the
c hannel irrprovements on Little Dry creek frcm Santa Fe Drive to Cinderella
City as part of a larger project to realign the Santa Fe and Rio Grande
Railroads, a Dartmouth Ave. grade separation with the railroads, and Santa Fe
Drive improverrents from EVans to Harrpden; and
WHERE..1\S, City and District desire to proceed with construction of
drainage and flood control inprovements on Little Dry creek from Santa Fe to
Cinderella City;
NCW, THEREFURE, BE IT ORDAINED BY THE CITY CXXJNCIL OF 'lliE CITY OF
~, COLCRADO, THAT:
Section 1. The agreenent between the City of Englewood and the Urban
Drainage and Flood control District titled "Agreement Regarding Design and
construction of Drainage and Flood control Inprovements for Little Dry Creek
(ARAPCO), Santa Fe Avenue to Cinderella City (Agreement No. 88-05.01)" for
Little Dry Creek inprovements frcrn South Santa Fe to Cinderella City is
approved. Said Agreem:!nt provides generally:
1. Con struction o f drainage and flood control inprovements frcm Santa
Pe upstr eal'Tl to Cfoderella City on Little Dry creek to be in conformance with
the final design pre ,;>are d by Cil2M Hill for the COlorado Departm:nt of
Ilighways .
2 . Proj ect c o sts, as defined in said Agreement, are estimated not to
exceed $575,000 with Urban Drainage and Flood control District to contribute a
maxi.mt.11'\ of $12 5,000 plus i nterest earned, City's share to be $125,000, or on a
50-50 basis if total District and City share is tmder $250,000, with the
reroaining cost to be provided b y the Colorado Department of Highways.
3. City shall = and be respons ible for IT'aintenance of the property
upon which this project is built with assistance by the District for
maint enance as its f unds are avai lable, and the right-of-way, to be used for
flood control purposes, may not be a ltered without approval of the District as
lone, as the use remains for flood control.
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4. If the u s e i s changed in the future and the property is disposed of
wi.t hout District 's a)J!:lr oval, the construction cost attributable to the
District s halJ. be returned to the Distric t.
5. City and Colorado Departnent of Highways will enter into an
agreement regarding work required for construction o f channel inprovements
with .;1cc ess hy Di s trict f o r obst?rvation of the progress of construction.
1ns 1-oect ion of construct ion shall be jointly by City and District. District
shal l eiso have access f or observation of drainage and flood control and
m·intenance.
6. City agrees to regulate and control the floodplain of Little Dry
creek in the City of Englewood as prescribed by the National Flood Insurance
Prcararn.
7. '.Ille City shall have the respon:,ibility to carry out any public
relations program necessary to inform reilidents along Little Dry Creek as to
th~ purpose, proposed facilities, and irrp:;i.ct on them.
8. '.Ille term of the Agreerrent shall c-:mnence upon final execution by all
p arties and shall terminate two years after final payr.ent is made to the
contractor except for the ownership of Property and Limitation of Use,
O,mership and r-".aintenance, and Floodplain Regulations. Tennination earlier
rrrust be by 30 days• written notice with no contingent, outstanding contracts
~nd costs shared and subject to each party's contribution.
9. All demands, notices, or other ccmnunications required or permitted
to be given must be to the Director of Engineering Services for the City and
to t.'1e Executive Director of District as set forth in the Agreement. All
a;rendrents must be in writing and executed by the parti e !:"! to the 1\greellent.
10. 'n"le Agreerrent may not be assigned or transfered, it shall be
governed by the laws of the State of Colorado, and shall. bind and inure to the
!:>enefit of the parties thereto and to their respective successors and
permitted assigns.
11. '.Illere shall be no discrimination in ent)loyr.ent by City or District
solely beca= of race, creed, color, religion, sex, age, national origin or
ances try; the nondiscrimination clause shall be a provision in all sub-
c ontracts thereunder.
Section 2. The Mayor and City Clerk are hereby authorized to sign and
a ttest said Agreement f o r and on behalf o f the Cit y Council and the City of
Englewood.
Introduced, read in full, e.nd passed on first reading on the 18th day of
July, 1!188.
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Published as a Bill for an ordinance on the 20th day of July, 1988.
R0ad by title and passed on final reading on the 1st day of August,
1988.
Published by title as ordinance No. £, Series of 1988, on the 3rd day
of August, 19 88.
I, Patricia H. crow, City Clerk for the City of Englewood, Colorado,
hereby certify the above and foregoing is a true copy of the ordinance passed
on final reading and published by title as Ordinance No. ~ Series of
1988. ~ IJ-tu~Lfx #~
Patricia H. Crow
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A~REEMENT REGARDING DESIGN AND CONSTRUCTION
OF DkAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
LITTLE DRY CREEK (ARAPCO), S~NTA fl AVENUE TO CINDERELLA CITY
(Agreement No. 00-05.01)
TIIIS AGREEMENT, iaade this ______ day of _________ , 1988,
by and between the URBAN DRAINAGE AND FLOOD CONTkOL DISTRICT (hereinafter called
"DISTRICT") and the CITY OF ENGLEWOC (hereln~fter called •,lTY").
WITNESSETH:
WHEREAS, DISTRICT, Ir. a policy stateaient pr1 ,v1ously ~.:;;;;!~d (Resolution No.
14, Serles of 1970 and Resolution No. 11, Serles ni 197a), expressed an 1ntr.nt
t o assist public bodies which have heretofore enacted fi:,ndr,latr . 1.11nlng
measures; and
WHEREAS, CITY, DISTRICT, Cherry 11111s Village, Greenwood Village, Arapahoe
County, and Douglas County cooperated In the preparation of • dralnageway uster
plan for llttle Dry Creek (ARAPCO) e~tltled, "Major Ora1nageway Planning, Little
Dry Creek" by McCall, Ellingson, and Morrill, Consulting Engineers, dated
February 1974; and
WHEREAS, CITY and DISTRICT have jointly proceeded with and coapleted
construction of channel 1aprovet1ents on little Dry Creek (ARAPCO} fr011 the South
Platte River upstre .. to Santa Fe Drive,• detention facility at Englewood High
School, and channel linproveaents from Broach.~y to Clarkson; and
WHEREAS, CITY and Colorado Departlllent of Highways have designed the cMnnel
linprovements on Little Dry Creek fr0111 Santa Fe to Cinderella City as part of a
larger project to realign the Santa Fe and Rio Grande Railroads,• Dartaouth
grade separation with 'the railroads, and Santa Fe Avenue hnproveaents fr011 Evans
to Haa,pden; and
WHEREAS, CITY and DISTRICT wish to proceed with construction of drainage
and flood control 1inproveinenu on Little Dry Creek fr011 Santa Fe to Cinderella
City; and
WHEREAS, DISTRICT has adopted at a publ le hearing a Five-Year Capital
linproveaient Progru (Resolution No. 61, Serles of 1987) for drainage and flood
control fac111t1es In which funds for construction of 1inproveaents on Little Dry
Creek (ARAPCD) 1n Englewood are included therein; and
WHEREAS, DISTRICT has heretofore had adopted s Special Revenue Fund Budget
for Calendar Year 1988 subsequent to publ tc hearing (Resolution No. 50, Serln
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of 1987) as -nded (Resolution No. 60, Serles of 1987) In which funds for
drainage and flood control l•proveinents on Little Dry Creek (AWCO) In
Englewood were Included; and
WHEREAS, DISTRICT Board has authorized DISTRICT financial participation f~r
construction of drainage and flood control linprov-nts on Little Ory Creek
(ARAPCO) frOII Santa Fe to Cinderella City (Resolution 22, Serles of 19811).
IIOW, lHEREFORE, In conslder1tlon of the a,tual proatses contahied herein,
the Parties agree as follows:
1. SCOPE OF TII IS AGREEMENT
This Agreement defines the responsibilities and financial c-ltaents
of CITY and DISTRICT with respect to construction of drainage and
flood control IIIProveaents on Little Dry Creek (AR»CD) within and
adjacent to CITY as defined herein.
2. SCOPE OF IMPRQVEHENTS
The project shall consist of construction of drainage and flood
control 11111rove111tnts froa Santa Fe upstre,a to Cinderella City
(Channel Station 11+0D to Channel Statton 19+50) on Little Dry Creek
(ARAPCO) (See Exhtblt A). The drainage and flood control 11111rov-ts
shall be constructed essentially In confomance with the ftnal design,
defined as "Little Dry Creek Channel laiprov-nts, Santa Fe to
Cinderella City" prepared by CH2M Hill for the Colorado Departaent of
Highways except for •lnor changes as agreed by all parties.
3. PUBLIC NElESSITY
CITY and DISTRICT agree that the work performed pursuant to this
Agreement ts necessary for the health, safety, coafort, conve ~lence,
and welfare of all the people of the State, and are of particular
benefit to the Inhab i tants of the DISTRICT and the property therein.
4 . PROJECT COSTS
4.1 CITY and DISTRICT agree that for the purposes of this AgreeMnt
project costs shall consist of, and be ll ■lted to :
a) Construction cost as incurred In the lowest acceptable
b1d(s) fr011 contractor(s) and authorized written change or
work orders.
b) Detour costs
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c) Utility relocation costs
d) Licenses and penn1 ts
e} Field surveying, staking, insper.t ·l,;1n, and Ntertals testing.
f) Contlngen~1es lilulually agreeable to CITY and DISTRICT.
4.2 It ts understood that project costs as defined above are
estimated not to exceed $575,000.00. Project costs for the
various ele11mts of the effort are estimated as follows:
Construction Related Costs
I} Construction
2) Construction field surveying,
staking, Inspection, and materials
test Ing (IDS of 1)
3) Contingencies (lOS of 1•2)
Grand Total
$475,20D
$ 47,520
$ 52,280
$575,000
This breakdown of costs Is for estimating purposes only. Costs MY
vary between_ the various el-nts of the effort without -ndlllent to
this Agreeaent provided the total expenditures do not exceed the
maxl11ua contribution by all Parties.
S. ALLOCATION OF COSTS AND FINANCIAL COtlllTIIENTS OF DISTRICT AND CITY
Based on estimated project costs of $575,000, DISTRICT shall
contribute a maxi-of $125,0DO plus Interest earned and CITY shall
contribute t _he balance of required funds esttuted to be $450,000.
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It 1s undf!rstood that the actual CITY share will be $125,000 with the
remaining cost to be provided by the Colorado Departaent of Highways
(CDOII}. If project costs after deducting the CDOH share are less than
$250,000, then such project costs shall be sharet1 on a 50-50 bash by
each Party. If total project costs exceed $250,000, DISTRICT'S share
sha 11 be l lmlted to $125,000 plus Interest earned.
In accordance with Resolution 11, Serles of i973 and Resolution 49,
Serles of 1977, the cost sharing shall be after subtracting state,
federal, or other sources of funding, excluding any contribution froa
the DISTRICT. However, ■ontes CITY may receive from the payaent 1n
lieu of taxes for Federal funds, Federal Revenue Sharing Progr•,
Federal COIIIIIUnlty Development Progra■, or such similar discretionary
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progra ■s 1s approved by the DISTRICT's Board NY be contlde"d 11 and
applied toward CITY's share of ll1prov-nts costs.
5.1 Disposition of Funds
The DISTRICT shall hold the DISTRICT funds In I special fund to
pay for lncreinents of the projEct •s 1uthorl1ed by DISTRICT Ind
CITY, and u defined herein, CITY shal 1 provide 1 ■onthly
accounting of project costs as well 11 • periodic notification to
DISTRICT of any unpaid obligations,
Any Interest earned by the ■onles contributed by DISTRICT shall
be accrued to the special fund established by DISTRICT for this
project and such Interest shall be used only for this project.
Any Interest accu■ulated fro■ earnings on DISTRICT funds uy be
used without further approval for the project. CITY shill blll
DISTRICT for DISTRICT'S share of actual work 1ccoap1fshecl up to a
■HI-DISTRICT contribution of Sl2S,OO0 plus Interest avaflable
In special account at DISTRICT.
If the project costs uceed twfce the $125,000 DISTRICT
contribution plus Interest earned on these funds, then the
$125,000 plus Interest contributed by the DISTRICT shall be
transferred to the CITY.
S.2 Ownership of Property and Limitation of Use.
CITY shall own the property upon -.htch this project ts built ind
shill be responsible for inalntenance of sa■e. It ts specfflc11ly
understood that the right-of-way ts to be used for flood control
purposes. The properties acquired for this project shall not be
used for any purpose that will dl ■lnlsh or preclude Its use for
flood contro·1 purposes. The drainage and flood control
l ■provet11en~s constructed under this agreeaent Ny not be altered
without approval of the District. CITY ■ay not dtspose of or
change the use of the properties acquired for this project
wt thout approval of the DISTRICT. 1 f In the future the drainage
and flood control t ■proveaents or the use Is changed to a purpose
not c011patlble with drainage and flood control or the property Is
disposed of, without the D!STRICT's approval, the DISTRICT's
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sha1·e of the construction cost attributable to the DISTRICT shall
be returned to lite DISTRICT.
5.3 Construction
5.31 Costs, Construction costs shall consist of construction
costs as incurred by the lowest acceptable b1dcler(s), detour
costs, licenses and permits, ut111ty relocations, and
construction related engineering services as defined 1n
Section 4 of the Agreement.
~.,2 Construction Management.
5.321 CITY and Colorado Deparllllent of Highways (CDOII) have
indicated they w111 enter into an agreeaent with
respect to work required to const.ruct the Little Dry
Creek (ARAPCO) channel linprove111ents frOII Santa Fe to
Cinderella City. This Agre .. nt entered into herein ts
contingent and dependent upon the execution of an
agreement between CITY and CDOH.
5.322 The DISTRICT shall have access to the site during
construction at all t1•s to observe the progress of
work and confonnance to plans and specifications.
5.323 DISTRICT and CITY shall Jointly conduct a
final inspection and accept the COlljlleted fac111t1es.
5.324 CITY will provide DISTRICT a set of •ylar
reproducible "as constructed" drawings,
6. OWNERSHIP AND MAINTENANCE
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The parties agree that CITY shall own or have eas-nt for the
right-of-way and be responsible for culntenance of the coapleted
fac111tles and rights-of-way upon which the project Is built. The
parties further agree that District shall assist CITY with the
111alntenance of all fac111tles constructed or raodlfled by virtue :,f
this AgreeMnt to the extent possible depending on avallab111ty of
DISTRICT funds. Such 111lntenance assistance shall be ll•lted to
drainage and flood control l11111rovet11en t s of the project. The spec1f1c
n. ture of the 1111 I ntenance ass Is tance ,ha 11 be set forth In a
M1110randua of understanding froa DISTRICT to CITY. Maintenance
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uststance inay Include 1cttvtttes suc.,,, u ll:!ept119 flow neas rree Hd
c1tar of debris and silt, cutting and contro111119 9r1ss IN -.Is I ■
H,e ch11.1nel rt9ht •of-111y, keeping culverts f,.. of •brls 1114
sedt11ent, repairing drainage and flood control structures such II drop
structures Md energy dtsstpators, repairing eroded secllOlls of
channel and drainage rtght-of-11ay, and clean-up ••sures after periods
of heavy runoff .
The DISTRICT shall hne right-of-access to right-of-Illy_. by can
for Ll~tle Ory Creek froa Santi Fe to Cinderella City at ell u-for
observation of drainage and flood control taprow-nt coRdltl-Nd
for utntenance when funds are 1vall1b1e.
It Is understood that If CITY abandons this project, as c•strvci.,
at any ti• In the future 11tthout prior approvel of tile DISTRICT, U.
OISTRICT's share of the construction costs expended for this project
shell be returned to the DISTRICT by CITY. Any cllln,es or
aodtflcatlons Nke to this project by any party 111111 be apprvwed by
the DISTRICT or the DISTRICT'S share of the CDIIStrucllon costs
expended shall be returned to the DISTRICT.
7 . FLOODPLAIN REGULATION
CITY agrees to regulate and control the floodp1aln or l1Ule Ory Creek
(ARAPCO) in the City of Englewood In the .. nner prescribed by the
National flood Insurance Progr1■ and prescribed re,ulattons thereto,
u 1 ■Int-. The parties understand and agree, "-nr, thet can
cannot obligate itself by contract to exercise Its poltcy ,-rs. If
City falls to regulate the floodplain of little Dry Creel (MAPCO), I•
the City of Englewood, In the Mnner prescribed by the Natl-1 Flood
Insurance Progra■ and prescribed regullt ton thereto H a ■Int-, the
DISTRICT .. Y exercise Its p-r to do so and CITY shall cooperate
fully.
8. PUBLIC RELATIONS
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It shall be the responsibility of CITY to carry out any PMblic
relations rrogra11 to tnfor■ the residents along little Dry Creel
(ARArCO) u to thl' purroH, propos.ed hctltttes and t ■pact on ti-.
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9, TERMINATION OF AGREEMENT
This Agreement 111y be tenilnated upon Thirty (30) days written notice
by either party, but only If there are no contingent, outstanding
contr,1cts. If there are contlnge_nt, outs.t:tndlng contracts, thts . . .. . . ... . -. ~~~~ ................. ·-· .,,.,~
Agre~111ent 'may only be tenntnated upon the c1nce i l1tlon of 111
contlngen ~. outstanding contracts. All costs associated with the
cancellation of the contingent contracts shall be sh.ared between CITY
and OISTRICT, S.!bject to the 1101-11111unt of each party's
contribution as se t forth herein.
10. TERM OF THE AG~EEMENi
The tenn of thi, Agrel!lllent shall c-nce upon final execution by all
parties and shall teni1lnate two years after the final payant ts 111de
to the contractor herein, except for Section 5.2, Olmershlp of
Property and Limitation of Use, Section 6, OWNERSHIP AIIO MAINTENANCE
and Section 7., FLOOOPLAIN REGULATIONS shill reNln In effect until
dissolved by 11Utu1l consent of all Parties to this Ag...-nt.
11. LIABILITY
Each party hereto shall be responsible for any suits, d-«ls, costs
or actions at law resulting from tts own acts or 011lsslons and 111y
Insure against such possibilities as appropriate.
12. CONTRACTING OFFICERS ANO NOTICES
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12.1 The contracting officer for CITY shall be Otrector of Engineering
Services, City of Englet<OOCI, 3400 South Elatt, Englewood, CO
80110.
12.2 The contracting officer for the OISTRICT shall be the Executive
Olrector, 2480 West 26th Avenue, Suite 1568, Oenver, CO 80211.
12.3 Any notices, deiiands, or other c-nlcatlons required or
penaltted to be given by any provision of this Agreeaent shall be
given In writing, delivered personally or sent by certified 11111,
postage prepaid and return receipt requested, addressed to the
contracting officer of the other agency and placed In the U.S.
Postal 111111s as cer tified ull.
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13 . AMENDMENTS
This Agreement contains all of the te.,.s agreed upon by and -g CITI
and DISTRICT. Any ainendlnents or 110dfflcatfons to this Agre-nt s hall
be 1n writing and executed by the parties hereto to 1K valid and
binding .
14. SEVERABILITY
If any clause or provision herein contained shall be adjudged to be
Invalid or unenforceable by a court of c0111petent Jur1sd1ct1on or by
operation of any applicable law, such Invalid or unenforceable clause
or provision shall not affect the validity of the Agre-nt as I whole
and all other clauses or provisions shall be given full force and
effect .
15. APPLICABLE LAWS
This Ag.--nt sha 11 be governed by and construed In accordance with
the hws of I.he State of Colorado .
16. ASSIGNABILITY
No party to this Agreeaent shall assign or transfer any of Its rights
or obligations hereunder without the prior written consent of the
nonass1gn1ng party to this Agreement.
17 . BINDING EFFECT
The provisions of this Agreement shall bind and shall Insure to the
benefit of the parties hereto and t o their respective successors and
pe.,.ftted assigns.
18 . ENFORCEABILITY
The parties hereto agree and acknowledge that this Agre-nt aay be
enforced 1n law or 1n equity, by decree of specific perforaance or
daaages, or such other legal or equitable relief as NY be 1va1lable
pursuant to law In the State of Colorado.
19 . NO DISCRIMINATION IN EMPLOYMENT
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In connection with the perfonnance of work under this Agreeaent, CITY
and DISTRICT agree not to refuse t o hire, discharge, prcaote or
demote, or to dlscrhafnate 1n .alters of c011pensatton 191tnst any
person othen,fse qualified, solely because of race, creed, color,
religion, sex, age, national origin or ancestry and further agree to
insert the foregoing provision 1n all subcontracts hereunder.
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WIICRHORE, the putt es hereto have caused thts lnstruaent to be uecuted by
properly •uthorlzed signatures as of the d1te ind year above written.
(S£1\l)
ATTEST:
(SEAL)
ATTEST:
Approved 1s to Fol"II :
City ATIOIINU
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TIIE URBAN ORA I NAGE AND
FLOOD CONTROL DISTRICT
By ____________ _
Tltle __ ~Exa.:e:.;:c;:.u.::.tl:.:v..:e..;D:;.;l:..:.re;:.c.::.t::o:..:.r __
Date. ___________ _
CITY OF ENGLEWOOD
By ___________ _
Title __________ _
Date ___________ _
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AGREEMENT RC
LITTL[ OF DRAINAGE AHGJ\ROING DC SJG . ORY CR[[K (ARA~c~\00D CONTll~l A~~p~gHsTRUCTION • SAJHA re AVCHII[ V~MCNTS FOR
(Agreement H O CIHOCRCLLA CIT
o. AB-OS .OJ) Y
EXttlBJT A