HomeMy WebLinkAbout2003 Ordinance No. 028...
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ORDIN AN CE NO . )j{_
SERIES OF 200 3
BY AUTHORITY
CONTRAct NCI, .J.7-J...o o ;i
10 b iv
COUN C.1L BILL NO . 24
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT,
ENTITLED "AMENDMEl\'"f TO AGREEMEl\'"f REGARD ING FINAL DESIGN AND
CONSTRUCTION OF DRAIN AGE AND FLOOD CONTROL IMPROVEMENTS FOR BIG
DRY CR.EEK AT ALLEN WATER TR.EA TMEl\'"f PLANT' BE.1W EEN THE UR.BAN
DRAINAGE AND FLOOD CONTROL DISTRICT AND THE cr~Y OF ENGLEWOOD,
COLOR.ADO .
WHEREAS , Urban Drainage and Flood Co ntrol District comp leted and updated mapping
of Big Dry Cn:ek in 1997 ; and
WHEREAS, in format ion from this new study identifi ed the Allen Water Treatment Plan
as being loc ated within the flood plain of Big Dry CfC Ck ~ and
WHEREAS, as part of the major improvements to Allen Treatment Plan comp leted in
2000, the Utilities Department inc luded constru ction of a fl oodwall to protect th e treatment
facility ; and
WHEREAS. Big Dry Creek bank protection is ;equircd to protect the 0oodwal l and
eliminate the fl ood plain designation : and
WHEREAS , Urban Drainage and the City Utilities Dcpanmcnt selected "Tu rf
Reinforcement Bank Protection " to stabilize the creek bank while be ing less di sruptiv e to the slope
and exi sting vegetatio n.
NOW, THEREFORE . BE IT ORDAINED BY TI-IE CITY COUNCIL OF THE CITY
OF ENGLEWOOD. CO LOR.ADO , AS FOL LOWS ;
~-The City Cou ncil of the Ci ty of Englewood, Co lorado hereby authorizes the
Int ergovernmental Agreement enti tled "Amendment to Agreemen t Regarding Final Design and
Con struction of Drai nage And Flood Control lmprovcm :nts for Big Dry Creek at Allen Water
Tre atment Plant" be tween the Urban Drainage and Flood Control Di strict and the City of
Englew ood . a copy of whic h is marked as ''Ex hi bit A" and attnchcd hereto .
Sttlum.2.. The Mayor and 1hc Ci ty Clerk arc hereby authorized 10 sign and attest said
Intergovernmental Agreemen t on behalf of the City of Engl ewood .
Int roduced, read in fu ll, and po.ssed on first reading on the 17"' day of March, 2003 .
Published as a Bill for an Ord inance on the 21 11 day of March, :!003 .
Read by title and passed on final reading on lhc 1• day of April, 2003.
Published by tit le as Ordinance No.){_, Series of 2003 , on the I 1• day of April , 2003 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the
above and forogoing iiY,lnle copy of the Ordinance II final reading and published by title
as Ordinance No . .t:Z:L, Series of 2003.
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AMDIDMENT TO
AGREEMENT REGARDING
FINAL DESIGN AND CONSTRUCTION OF
DRAINAGE AND FLOOD CONTROL IMPROVF..i\'1ENTS FOR
BIG DRY CREEK AT ALLEN WATER TREATMENT PLANT
Agreement No . 0l-07 .04A
THIS AGREEMENT, made this _____ day of ______ ~ 2002 by and
EXHIBIT A
between URBAN DRAINAGE AND FLOOD CONTROL DlliTRICT (hereinafter called "DISTRICT")
and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES";
WITNESS ETH :
WHEREAS, PARTIES have ontered into "Agreement Regarding Final Design and Construction of
Drainage and Flood Control lmprovomontS for Big Dry Creek at Allen Water Treatment Plant"
(Agreemont :-fo . 01-07 .04) dllted Docember 31. 2001, as amended: and
WHEREAS. PARTIES now desire to construct improvements; and
WHEREAS , PARTIES desire to increase the love! of funding by Sl 77,000; and
WHEREAS . DISTRICT , Board ofDirectors has authorized additional DISTRICT financ ial
participation for PROJECT (Rosolution No. 53, Sories of ~002); and
WHEREAS. the City Council of CITY and the Board of Directors of DISTRICT have authorized,
by appropriation or resolution. all of PROJECT coStS of the respective PARTIES .
NO'V, THEREFORE . in consideration of the mutu,l promises contained herein, PARTIES hereto
agree as follows :
I. Paras'l'lph ~-PR OJECT COSTS AND ALLOC."' TIO N OF COSTS is <leloted and re placed as
follows:
~-PROJECT <'OSTS AND ALLOCATION OF COSTS
·"'· PARTIES as'r« that for tho purposes of this ,.._greement PROJECT costS shall co nsist
of :ind be limitl!d co the following :
I . Final Jest!:rn :;erv1ccs :
2. Consrrui.::uon of improvcmt!n ts:
Co nttngonc ios murually agreeable 10 PARTIES.
B. It IS und erstood tha t PROJE CT cos tS as detinod above are not to exceed 5209,000
w1thuut aml!ndment to this .\greement .
PROJECT costs for the vanous doments of the effort : ost imated as follows:
ITEM
I. Fm:il O!!st!:'ll
Construcnon
~-Cllntingeni.::y
Grand Total
11.MOl,}'.'iT
S 32,000
160,000
17,0 00
5209 ,000
This bre•kdown of costs is for esnmating purposes only . Costs may vary between the
vari ous elements of the effo rt without amendment to this Agreement provided Llie
toml ex pend irures do not exceed th e maximum cona,bution by all PARTIES plus
accrued intere st.
C. Based on tam l PROJECT costs , the mllx1mum percent ll.Od dollar contrib ution by each
party shall be :
Percentage Maximum
~ ~ontribut ion
DISTRICT 50% S104 ,500
CITY 50% 104 ,500
TOTAL 100.00% S209 ,000
2. Paragrllph 5. MANAGEMENT OF FINANCES 1s deleted ll.Od repl•ced as follows:
5. MANAGEMENT OF FINA NCES
As set forth in DISTRICT poli cy (Resolu tio n :S:o. 11. Seri es of ";3 and Re sol utio n No. -19 ,
St!rit!s of l 9i7), the: cost :,;hanni:; shall b~ :iiter jUbtr:1 c:mg :Hatt , (.· ;I! ·:i i. or ocher so urce s of
funding fro m th ird part ies. Ho wever. momes CITY may receive I, ·.01 federal funds , the
Fodera! Revenue Sharing Progra m. the Federal CommunitY De ve lopment Program, or such
si milar disr.,·et ionary pro!,'!':lm5 as app ro ved by DISTRICT', Board oi Dire ctors ma y be
considet<d as and appl ied to ward C!TY's share of improve ment costs.
Pa yment of each partJl'S t'ull sha re (CITY • SI 04,500: DISTRICT . SI 04 ,500) shall be made
to DISTRICT sub sequent to execu tion of this ,\greement and withi n 30 days of req uest for
payment by DISTRICT . The payments by PARTIES ;hall be held by DISTRlCT in a
special t'und to pay fo r incre ments oi PRO JECT as autho ri zed by PARTIES , and as define d
here in. DISTRICT shall provide a period ic acco unt ing of PROJECT funds ,swell as a
periodic notifo:atio n to CITY of :my un pa id obli gations . Any intere st earned by the: mon ies
contrib uted by PARTIES shall be accrued to th e special fund es tabl is hed by DISTRICT fo r
PROJECT and such inter est sha ll be used only for PR OJECT upon approval by the
con tracti ng officers (Para!,>r:lph 13).
Wi th in one ye ar oi com pknon oi PROJECT if there are monies including intere st ea rned
remain mg whi ch are not ..:o mm1 tti:J. obligated. \l r disu.•rscd , e:ich party shall receive a sh~e
of sw.:h monic=s . wh ich sh;.ires sh :.1 1\ be: t,;Omp utcd :is wl!re ·he orig in:il share s.
J. All 01her terms and co ndit io ns oi A~'Teement :slo . 01-0 7.04 ;h a;t re main in fu ll fo rce and effect.
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WHEREFORE, ?ARTIES hereto have caused this instrument to be exeeuted by properly
authorized signatories as of the dnte md year first obove written .
(SEAL)
ATTEST:
(SEAL)
ATTEST:
APPROVED AS TO FORM : •-.------City Anomey
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URBAN DRAINAGE AM)
FLOOD CONTROL DISTRICT
By __________ _
Title E.murive Dim;tor
Date. ________ _
CITY OF ENGLEWOOD
By. __________ _
Beverly Bradshaw
Title Mavor
Date, __________ _
• COUNCIL COMMUNICATION
Date Age nda Item
Marci , I 7, 2003 10 a iv
Subjec t
IGA fo r Co nst ru ction of Big Dry
Cree k Improve ments at All en Water
Tr ea tm ent Plant
INITIATED GY
D epartm ent of Publi c Work s I
STAFF SOURCE
Stewa rt Fonda , Direc to r of Util iti es
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
O rdinan ce No. 1, Se ri es 200 1/2002, approved an Intergo ve rnm ental Agre ement w ith th e Urb an D rainag e
and Fl o od Co nt rol Dis tri ct fo r des ign of th e Big D ry Cree k Chann el Im provements at All en Water
Treatm ent Plant.
RECOMMENDED ACTION
Staff recomm ends Co uncil approva l of a Bill fo r an Ordinance am ending th e agreement with he Urban
ei-o rainag e and Flo od C ontro l Di strict. Thi s amen dment cove rs fin ancia l commitments related to
cons tructi on of improvements to Bi g Dry Cree k adjac ent to th e All en Wa ter Treatm en t Pl ant.
BACKGROUND, ANA LYSIS, AND ALTERNATIVES IDENTIFIED
Urban Drai nage and Flood Con trol Distri ct co mpleted and updated mappin g o f Bi g D ry Creek in 199 7.
Info rm ati on fr om thi s new stu dy identi fie d th e Ali en Wa ter Tr eat ment Plant as bein g located w i th in the
fl oo d plain of Big Dry Cree k. As part o f th e major improvements to th e All en Tr ea tm ent Pl ant completed in
20 00, th e Utiliti es Depa rt ment incl ud ed co nstru cti on of a Ooo dwa ll to pro tect th e tr ea tm ent fac il ity.
H owever, Big D ry Cree k ba nk pro tec ti on is required to pro tec t th e Ooodwa ll and eli n ,inat e th e fl ood plain
des ignat ion. Staff appli ed fo r fun ding and th e project w as bu dg eted in Urban Dra in ag e Distri ct's 5-y ea r
Cap ital Impro vement Prog ram .
Urba n Drainage retain ed the ser. ices 01 M ull er Engi nee ring Co mpany to design th e project. Urban
Drainage and th e City evalua ted alt ern ate desig n proposa ls suggested by th e Engin ee r and se lec ted "Tur f
Re inforcement Bank Protection ". This alterna ti ve w ill stab ili ze th e creek bank w hil e be ing less disruptive to
the sl ope and existi ng vege tati on. An y tr ees req uir in g removal will be replaced with new trees.
FINANCIAL IMP ACT
Th e total project cos t is esti mated at $2 09,0 00 (S32,000 fo r design and S 177,000 fo r construction and
co ntin gen cy)
Urban D rainage and Eng lewood equall y share th e cos t o f th is pro ject. Englewood previou;ly bud ge ted and
paid our S 16.000 share fo r desi gn serv ice s
Englewood's 50% share of th e constru ction cos t is $88,5 00. Ad equate funds are budge ted fo r construction
thro ugh Utiliti es Allen Trea tm ent Plant Acco unt 40-1 603-6 11 55.
LIST OF ATTACHMENTS
Bill fo r an Ordinance
Amendment to Intergovernm ent al Ag ree ment
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