HomeMy WebLinkAbout2006 Ordinance No. 019•
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ORDINANCE NO. II.I
SERIES OF 2006 Lr
CONTRACI: HQ, C/-T-~ b iii
BY AUTHORITY
COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED AGREEMENT REG ARDING DESIGN AND CONSTRUCTION OF
MAINTENANCE IMPROVE~•ENTS TO WEST HARVARD GULCH. CITY OF
ENGLEWOOD, BETW EEN THE CITY OF ENGLEWOOD . COLORADO AN D TH E
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT .
WHEREAS. the City of Denver approached the City of Englewood reque sting
Engl ewoo d's participati on in extending the existing Harvard Gulch Trail System 10 the South
Plane Ri ver in 2002: and
WHEREAS. the present trail ends near Englewood's City limit line in !he Nurthwesl
Greenbelt casl of Raritan S1ree1: and
WHEREAS. Urban Drainage And Flood Contro l Dis1ric1 has commilmenls 101aling
$1. I 07 .377 for the project which includes !he City of Eng lewood's contribution of $88 ,000
wh ich ha s been previously budgeted: and
WHEREAS . th e pas sage of this Ordinance authorizes the lnlergove rnme111al "Agreem ent
Regarding Design And Cons1ruc1ion Of Maintenance Impro ve ments To West Han•ard Gulch .
City Of Englewood" between !he Urban Drainage and Flood Con trol District and th e City of
Englewood . Co lorado defining re sponsibi litie s and financial commitments related to the
construction of the West Harvard Gulch Trai l:
NOW. THERLFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE (ITV OF
ENGLEW00O, COLORADO , AS FOLLOWS:
.5wk!n_l . The Intergovernmental Agreement between !he City of Englewood, Co lorado
and the Urban Dr:-;nage and Flood Contro l District that define s responsibilities and financial
commitments related to the construction of the West Han•ard Gulch Trail. auached as
"Exhibit A", is he n;by accepted and approved by !he Eng lewood Ci ty Council .
~-TI,, Mayor is authorized lo execute and !he City Clerk to ailest and sea l the
lntergovemmenln l Agreement for and on behalf of the City of Englewood. Co lorado.
Introduced . read in full, and passed on firs! reading on the 5th da y of June . 2006 .
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Published as a Bill for an Ordinance on the 9th day of June, 2006 .
Read by title and passed on final reading on the 19th day of June , 2006 .
Published by title as Ordinance No .f.t_. Series of 2006, on the 23rd day of June. 2006.
I, Loucri shia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce"ify that
the above and foregoing is 9.!r'• copy of the Ordinance passed on mal reading and published
by title as Ordinance No . [_[, Series of 2006 . •
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AGREEMENT REGARDING
DESIGN AND CONSTRUCTION OF
MAINTENANCE IMPROVEMENTS TO
WEST HARVARD GULCH, CITY OF ENGLEWOOD
Agreement No. 06-03.03
THIS AGREEMENT, made this _____ day of _______ , 2006 . by and
between URBAN DRAINAGE AND A..OOD CONTROL DISTRICT (hereinafter called "DISTRICT")
and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES;"
WITNESSETH :
WHEREAS, the Colorado General Assembly in 1979 and 1983 amended 32-l l-217(1)(C),
Colorado Revised Statutes 1973 to authorize DISTRICT to levy up to four-tenth (.4) mill for the
maintenance and preservation of floodways and floodplains within DISTRICT; and
WHEREAS, 32-11-203 , Colorado Revised Statutes 1973, as amended in 1979 and 1983, further
authorizes DISTRJCT's Board of Directors to institute a systematic and uniform program of preventive
maintenance for such floodways and floodplains within DISTRICT ; and
WHEREAS, DISTRICTS Board of Directors , pursuant to such authorization . adopted a budget for
.. J06 (Resolution No. 67, Series of 2(1()5) which includes funds for preventive maintenance of drainage
and flood control facilities within DISTRICT; and
WHEREAS , DISTRJ, ·s•, Board of Directors reviewed and authorized expenditures for the 2006
Maintenance Work Program (Resolution No. 83, Series of 2005); and
WHEREAS, DISTRICTs Board of Directors authorized the Executive Director to contract for
those services necessnry to implement the 2006 Maintenance Work Program (Resolution No. 83 , Series
of 2005); and
WHEREA 5, DISTRICTs Board of Directors adopted a policy that se ts forth DISTRICT policy
regarding the maintenance of drainage and flood control faciliti es within DISTRICT \Resol ution No . 41,
Series of 1978); and
WHEREAS, CITY requested DISTRICT maintenance funds and DISTRICT included in the 2006
Maintenance Work Program a work item to participate in the design and construction of maintenance
improvements; and
WHEREAS, PARTIES desire to proceed with design and construction ol maintenance
improvements to West Harvard Gulch (hereinafter called "PROJECT").
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NOW, THEREFORE, in consideration of the mutual promises con tai ned herein , PARTIES ngree
as follows:
SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT .
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2. SCOPE OF PROJECT
3.
PROJECT will consist of design and construction of drainage and trail improvements from BNSF
railroad track west approximately I 500 L.F.
PUBLIC NECESSITY
PARTIES agree that the work ptrformed 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
lo the inh abitants of DISTRICT and the property therein .
4. PROJECT COSTS
s.
A. Dc[jnjtjon of PROJECT Cost s. PARTIES agree 1ha1 for the purposes of this Agreement
PROJECT costs for Paragraph 2. SCOPE OF PROJECT shall consist of, and be limited 10,
engineering services ; construction services; and construction related services for the
drainage, Oood control, sewer reloca1ior.s , •nd trail and parks improvements portions of
PROJECT.
B. Estimated PROJECT Costs . The estimated costs associated with PROJECT as defir..-.d
above are as follows:
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I. Engineering Services
2. Construction
Total
AMOUNT
$ 25 ,000
150,000
~i 75,000
This breakdo wn of costs is for estimating purposes only . .::osls may vary between the
various elements r f the effort without amendment lo this Agreement provided the Iota I
expenditures do not exceed the maximum contribution b) all PARTIES plus accrued
interest.
ALLOCATION OF COSTS AND FINANCIAL COMMITMENTS OF PARTIES
PARTIES shall each contribute lhe following percentages and maximum amounts for elements of
PROJECT as defined in Paragraphs 2 and 4 of this Agreemeut:
DISTRICT
CITY
TOTAL
Maximum
Con1rjbu1ion
$ 87,000
$ 88,000
$t7S,000
Pavmenl of CITY 's share ($88 ,000) shall be mad e lo DISTRICI N bsequent to execution of this
Agreement and within 30 days of request for paymen t by DISTRICT . DISTRICT's share
($87,000) has already been placed in the special fund account set up for PROJECT. The payments
by PARTIES shall be held by DISTRICT in a special fund 10 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 CITY of any unpaid obliga:io ns. Any interest
earned by the monies contributed by PARTIES shall be accrued lo the special fund established by
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DISTRICT for PROJECT and such interest shall be used only for PROJECT and will not require
an amendment to this Agreement.
Within one year of completion of PROJECT if there are monies including interest earned
remaining which arc not commiued, obligated , or dispersed, each pany shall receive a share of
such monies, which shares shall be computed as were the original shares.
MANAGEMENT OF DESIGN
A. DIS TR ICT shall contract for and be responsible for the management, administration, and
coordination of the engineering services for design . This will include final design, utility
coordination, surveying, bid preparation , addendum preparation , bid opening , and
recommendation of award.
B. DISTRICT, contractin g officer or representative shall be the on ly individual authorized 10
direct or redirect, by amendmcnt(s) agreed 10 by PARTIES, the agreement for de si gn of
PROJECT.
C. DISTRICT shall have the authority to meet with and guide the engineer in design mailers
related strictly to drainage and flood control. Any direction given lo the engineer by
DISTRICT reg•rding those mailers must first have the concurrence of PARTIES .
D The contract doct1ments must be reviewed and approved by all PARTIES before
construction can begin. Any changes to the approved contract documents require the
concurrence of PART!r!S.
E. The engineer shall be required to submit 10 PARTIES a design rcpon including all
hydrologic data, hydraulic calculations, design criteria, structural data and calculations, and
other peninent and appropriate design information, calculations , and criteria used and/or
developed during the course of the design after all PARTIES review and approve final plans
and specifications.
F. PARTIES shall each receive al least one set of vellum reproducible plans and one set of
construction specifications. An electronic co py of the plans and specifications shall also be
provided .
G. DISTRICT shall be responsible for acqui sition of all local , state and federal permits as
needed .
H. In the event that ii becomes necessary and Jdvisable to change the scope or detail of the
work to be performed under this Agreement, such changes shall be rejected or approved in
writing by the contracting officers . No design amendments shall be approved that increase
th e costs beyond the funds available in the project fund, including interest earned on those
fun ds, unless and unt il the additional funds needed to pay for the added costs arc co mmilled
by all PARTIES by amendment to this Agreement.
7. MANAGEMENT OF CONSTRUCTION
A. ~-Construction costs shall consist of those costs as incurred by the lowest acceptable
bidder(s) including detour costs , licenses and pennits, utility n:locations, and constructi on
notated engineering services as defined in Paragraph 4 of this Agreement.
B. Construction Management and Pavment
I. DISTRICT shall administer and coordinate the construction-n:laled work as provided
hen:in .
2. DISTRICT shall adve1tise for construction bids, conduct a bid opening, pn:pan:
construction contract documents , and award construction contract(s).
3. DISTRICT shall requin: the contractor to provide adequate liability insurance that
includes CITY. The contractor shall be n:quin:d to indemnify CITY . Copies of the
insurance coverage shall be provided to CITY .
4. DISTRICT shall coordinate field surveying ; staking ; weekly inspection of work;
testing; engineering; pn:paration of survey control points and explanatory sketches;
n:vision s of contract plans ; shop drawing n:view ; pn:paration of n:producible record
drawings; and final inspection as requin:d to construct PROJECT. DISTRICT shall
assun: that construction is performed in accordance with the construction contract
documents including approved plans and specifications and shall accurately n:cord
the quantities and coSIS n:lative then:to. Copies of all inspection n:polts shall be
furnished to CITY as requested.
5. PARTIES shall have access to the site during construction at all times to observe the
progress of work and conformance to construction contract documents incl uding
plans and specifications .
6. DISTRICT shall n:view and approve contractor billings and pn:pan: paltia l and final
payments. DISTRICT shall remit payment 10 contractor based on approved billings.
7. DISTRICT shall prepan: and issue all wrilten change or work orders to the contract
documents .
8. PARTIES shall jointly conduct a final inspection and accept or n:ject the completed
PROJECT in accordance with the contract documents .
9. DISTRICT shall provide CITY a set of n:producible n:cord drawings if requested .
C. Constructjon Change Orders. In the event that it becomes necessary and advisable to
change the scope or detail of the work to be performed under the contract(s), such changes
shall be n:jected or approved in writing by the contracting officers . No change orders shall
be approved that increase the costs beyond the funds available in the project fund, including
inten:st earned on those funds , unless and unti l the additional funds needed to pay for the
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added costs are commilted by all PARTIES by amendment to this Agreement. •
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8 . OWNERSHIP AND MAINTENANCE
PARTIES agn,e that CITY shall own and be responsible for maintenance of the completed and
accepted PROJECT . PARTIES further agree 1ha1 DISTRICT. at CITY"s request, shall assist CITY
with the maintenance of all facilities constructed or modified by virtue of this Agreement to the
ex1en1 possible depending on availability of DISTRICT funds . Such maintenance assistance shall
be limited to drainage and Oood control features of PROJECT . Maintenance assistance may
include activities such as keeping now areas free and clear of debris and silt , keeping culverts free
of debris and sediment, repairing drainage and Oood control structures such as drop structures and
energy dissipaters , and clean-up measures after periods of heavy runoff. The specific nature of the
maintenance assislance shall be set forth in a memorandum of understanding from DISTRICT lo
CITY, upon acceptance of DISTRICT's annual Maintenance Work Program .
DISTRICT shall have right-of-access 10 right-of-wa y and storm drainage improvements at all times
for observation of Oood control facility conditions and for maintenance when funds arc available.
9. TERM OF AGREEMENT
The term of the Agreement shall commence upon final execution by all PARTIES and shall
terminate one year after 1he final payment is made to the cons truction contractor and lhe final
accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5
herein .
I 0. !JA!illJIY
Each party hereto shall be re sponsible for any suits, demands , costs or actions al law resulting
from its own acts or omissions and may insure against such possibilities as appropriate .
11 . CONTRACTING OFFICERS AND NOTICES
A. The contracting officer for CITY shall be the Capital Projects Administrator, 1000
Englewood Parkway , Englewood, CO 80110.
B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
Avenue, Suite 156B, Denver, CO 80211.
C. Any notices , demands or other communications required or permiued to be given by any
provision of thi , Agreement shall be given in writing, delivered personally or sent by
registered mail . ;,os1age 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 lime
10 time designate by wriuen notice to the other party given when personally delivered or
mailed, and shall be considered received in lhe 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.
D. The contracting officers for PARTIES each agree to designate and assign a project
rep resentative to act on the behalf of said PARTIES in all mailers related to PROJECT
undertaken pursuant to this Agreement . Each representative shall coordinate all
PROJECT-related issues between PARTIES, shall allend all progress meetings, and shall be
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responsible for providing all available PROJECT-related file information to the engineer
upon requeat by DISTRICT or CITY . Said represenlltives will have the authority for all
approvals, authorizations, notices or concurrences required under this Agreement or any
amendmenll or addenda to this Agreement.
12 . AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
or modifications to lhis Agreement shall be in writing and executed by PARTIES hereto 10 be
valid and binding.
13 . se.,JiRABil.JIY
If any clause or pro•, ision herein contained shall be adjudged lo be invalid or unenforceable by a
court of compelenl juri sdiction 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.
14 . APPUCABLELAWS
This Agreement shall be governed by and construed in accordance with the laws of the S111e of
Colorado . Venue for any and all legal actions regarding the transaction covered herein shall lie in
District Court in and for the County of Denver, State of Colorado .
15 . ASSIGNABILITY
No party 10 this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior wriu~n consent of the nonassigning party or parties to this Agreement.
16. BINDING EFFECT
The provisions of thi s Agreement shall bind and shall inure to the benefit of PARTIES hereto and
10 their respective success ors and permiued assigns .
17 . ENFORCEABD,.ITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performance or damages , or such other legal or cqui1able relief as may be
available subject to the provisions of the laws of the S11te of Colorado.
IS . TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) day's wriuen notice by any of PARTIES, but
only if there are no contingent, ou1s11nding contracts . If there are contingent, outsllnding
contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and
only upon the cancellation of all conlingenl, 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 lo the maximum amount of each party's contribution as set
forth herein.
19. PUBLICRELATJONS
It shall be at CITY 's sole discretion lo initiate and 10 carry out any public relations program 10
inform the residents in PROJECT area as 10 the purpose of the proposed facilities and what impact
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it may have on them. Technical and final design recommendations shall be presented to the public
by the selected engineer. In any event DISTRICT shall have no responsibility for a public
relations program, but shall assist CITY as needed and appropriate .
20. NO PISCRIMlNAI!ON 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 because of race , color, ancestry, creed, religion , national origin, gender,
age, military status , sexual orientation, marita l status , or physical or mental di sa bility and further
agree to insert tht foregoing provision in all subcontracts hereunder .
21. APPROPRIATIONS
Notwithstanding any other term, condition, or provi sion herein , each and eve ;y ,,b lig >tion of CITY
and/or DISTRICT stated in this Agreement is subject 10 the ,equircment of a pri or appropri ation of
funds therefore by the appropriate governing body of CITY and/or DISTRICT .
22. NO THIRD PARTY BENE~
It is expressly understood and agreed that enforcement of the terms and cond110011s of thi s
Agreemen t, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES , and nothing contained in this Agre ement shall give or allow an y such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES
that any p<orson or party othe, •han any one of PARTIES receiving services or benefits und er thi s
Agreement shall be deemed to be an incidental beneficiary only .
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatures as of the date and year above wrillen .
(SEAL)
ATTEST :
(SEAL)
ATTEST :
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By
Title Executive Djrcctor
Date
CITY OF ENGLEWOOD
By
Title
Date
• COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
lune 5, 2006 9 a iii Intergove rnmental Agreement with Urban Drainage
and Flood Control Di stri ct for Harvard Gulch Trail
Initiated By: I Staff Source:
Depar lmenl of Publi c Works Ri ck Kahm , Direclor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved an appr op rialion fo r !h e Harvard Gul ch Trail in the 2003 Budg et
RECOMMENDED ACTION
Slaff reco mmends Council approval of a Bill for an Ordinan ce lo enl er inlo an agreemenl wilh 1he
Urba n Drainage and Fl oo d Control Dislri ct (U DFCD). This agreem ent defines res ponsibilities and
financial co mmitm en ts related to th e co nstru cti on of the Wes t Harva rd Gulch Tr ai l.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTll'IED
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In Augusl of 2002, lh e City of Denver approached Engl e,·,u, •d requ est in g our parli ci pali on in
exlending lh e ex isling Ha rvard Gulch Trail Sys lem 10 lhe South Plan e River. Pr esenll y, lhe !rail ends
nea r our City Lirnil Line in !he Norlhwesl Greenb e:1 easl of Raritan Slreet Coun cil budgeled
$88,000 as our con lribu1i on 10 lh e pro ject
D enve r's initia l co nstructi on es tim ate In .'.!002 wa s $260,000. D es ign issues we re discove red th at
subslanlially increase d lh e anticipa1ed com . In 2004, 1h e Urban Drainage and Fl ood Conl rol
Dis lri ct (UDFC D) ag reed lo laKe 1h e le ad and man age 1h e proj ect Th e scope of th e proj ec l now
includes lh e proposed !rail sysle m with two creek cross ings , a 12' X 9' by 42" long Box Cu lve r!
un de r 1h e railroad tr,,c ks , creek imp rove menls , and land sca pe res lorati on.
Pl ,,ns fo r th e proj ec l are 95% compl ele , and UDFCD exp ecls fin al bid doc um enls in a few weeks .
We expec l projecl conslrn clio n co uld begin as ea rl y as 1his fall .
FINANCIAL IMPACT
Engl ewood's conlributio n 10 the proj ec l remains a lump sum amount of $88,000. UOFCD has
commilments totaling S 1,107,377 fo r !he projecl as delailed below:
City of Den ve r
Urban Drainage
City of Engl ewood
$317,3 77
702 ,000
88,00u
LIST OF ATTACHMENTS
Rill for an O rd inance •
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