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HomeMy WebLinkAbout2003 Ordinance No. 082• ORDINANCE NO . o!--- SERl ES OF 2003 BY AUTHORITY CONTRACT. NO, I11-J.003 COUNCIL BILL NO . 81 INTRODUCED BY COUNC IL MEMBER BRADSHAW AN ORDINANCE APPROVING THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN URBAN DRAINAGE AND FLOOD CONTROL DISTRlCT, THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER AND SANIT A TJON DISTRICT FOR DESIGN AND CONSTRUCT ION OF DRAINAGE AND FLOOD CONTROL IMPROVEME NTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH. WHEREAS, a Master Plan of Drain age for Marcy Gulch was originally prepared in 1985 for the Mnrcy Gulch drainage basin in Highlands Ranch ; and WHEREAS , Urban Drainage , Centennial Water and Sanitation District and the City of Eng lewood now wish to proceed with design and construction of the drainage and flood control improvements for the area ; and WHEREAS, erosion has exposed the pipe an d the coming sp ring runoff rains could cause Englewood's existi ng sipho n structure to fail which would prevent water from being delivered to • either Highlands Ranch or the Allen Filter Plant; and • WHEREAS , Englewood owns the spi llway necessary to protect the pipe from Marcy Gulch waters; and WHEREAS, Urban Drain age and Flood Contro l is proposing to con struct a new spillway and replace the existing City Ditch pipe with 48" reinforced concrete pipe which wi ll allow the City Ditch to curry up to 59 CFS ofraw water. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLO'.l.ADO, TI-IA T: Section I . The Eng le wood Ci ty Counci l hereby approves the Agreement by and between the Urban Drainage and Flood Contro l Distri ct, th e Cit y of Englewood, Colorado, and Centennia l Water and Sanitation District for design and construction of drainage and flood control improvem en ts for Marcy Gulch at fnglewood's City Ditch . Sec ti on 2. The Mayor and City Clerk arc hereby auuorizcd to sign and aucst said Agreemen t for and on behalf of the City of Englewood . Introduced, read in full, and pass ed on first reading on the 11• day of November 2003. Published as a Bill fo r an Ordinance on the 21" day of November , 2003 . Read by title and pa ssed on fi.1a l reading on the I st day of Dec ember , 2003 . 10 b iv • Published by title as Ordinance No . J'A , Series of 2003, o I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that U1e above and foregoing~ copy of the Ordmancc pas don fi reading and published by utle as Ordinance No eries of 2003. ~ 1.ri • • • AGREEMENT REGAR.DING DESIGN AND CONSTRUCT IO N OF DRAJNAGE AND FLOOD CONTRO L IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD DITCH Agreement No . 03-10 .09 THIS AGRE E!l,IENT , made this _____ day of ________ , 2003, by and between URBAN DR.AlNAGE AND FLOOD CONTRO L DISTRICT (hereinafter called "DISTRICT"), CITY OF ENGLEWOOD (hereinafter called "C ITY") and CENTENNIAL WATER. AND SANITATION DISTRICT (hereinafter ca lled "WATER DISTRICT") collectively known as "PARTIES"; WITNESS ETH : WHEREAS, DISTRICT, in a policy sta tement previously adopted, (Re so lution No. 14, Series of 1970 and Resolution No . 11. Series of 1973) expressed an intent to assist public bodies which have here tofore en acted floodpla in regu lation measures; and WHEREAS , a drainage master plan en v le d "Master Plan of Drainage, fo r Marcy Gulch" was prepared in 1985 for the Marcy Gulch draina l < oasi n in Hi ghlands Ranch (hereinaft er l lled "PLAN"); and WHERE AS, PARTIES now desire 10 proceed with design and cons truction of Jra inage and flood co ntrol improve ments for Marcy Gulch at the Engle wood Ditc h (he reinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolut ion No . 80 , Series of2003) for drainage and flood control facilities in which PROJECT was incl uded in the 2003 calendar year; and WHEREAS, DISTRICT has heretofore ad opted a Spec ial Revenue Fund Budget fo r calendar year 2003 sub seque nt 10 public hearing (Resolution No . 6S, Series of 2003) whi ch includes fun ds fo r PROJECT; and WHEREAS, DISTRICT's Board of Directors hos authorized DISTR.J CT financial participation fo r PROJECT (Re solution No . 73, Series of 2003); and WHEREAS , the City Co unc il of CITY , the Board of Dir ectors of WATER DISTR.J CT and the Board of Directors of DISTRICT have authorized , by appropriati on or resolution. all of PROJECT costs of the respe ct1V e PARTIES . NOW , THEREFORE, in co nsi deration of the mutual prom ises co ntai ned herein . PARTIES hereto agree as fo llo ws: I. SCO PE OF AG REE MENT Th is Agreement defines the re spons ibilit ies and fin,ns iol co mmitments of PARTIES with re spect 10 PROJECT . 2. SCOPE OF PROJECT A. Fin al De sign . PROJECT shall incl ude the final de sign of improvemen ts in accordance with the recomme ndations de fi ned in PLA N. Specifically, the final design of fa ci lit ies shall be al ldcs~ptctmMl 1009 the Englewood Ditch to include a drop structure and enlargement of the siphon, as shown on fahibitA . • B. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood control im, rovcmcnts as set forth in the final design. 3. PUBLIC NECESSIT'( PARTIES agree that the work performed 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 to the inhabitants of DISTRICT and the property therein . 4 . PROJECT COSTS AND ALLOCATION OF com A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: I. Final design services; 2. Construction of improvements ; 3. Contingencies mutually agreeable lo PARTIES . B. It is understood that PROJECT costs as defined above arc not to exceed $22 ,480 without amendment lo this Agreement. PROJECT costs for the various clements of the effort arc estimated as follows : ITEM AMnUNI I. Final Design $22,480 2. Constructi0n -0-• 3. Contingency -0- Grand Total $22,480 • It is intended that funds for construction of PROJECT shall be amended lo this Agreement at a future date . This breakdown of costs is fo r est imating purposes only . Costs may vary between the various clements of the effort without amendment to this Agreement provided the total e<pcnditurcs do not exceed the ma,imum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum perce nt and dollar co ntribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 0% s -0 - CITY 56¾ 12 ,550 WATER DISTRICT 44¾ 9,930 TOTAL l00¾ $22,480 \da\apmnl'(I) I 009 5. • 6. 7 . • MANAGEMENT OF FINANCES As se t forth in DISTRICT policy (Resolution No . 11 , Series of 1973 and Reso lutio n No. 49, Series of 1977), the cost sharing sh all be after sub tracting state, federal, or other sources of funding from third parti es . However, monies CITY and WATER DISTRICT may receive from federal funds, th e Federal Revenue Shari1 ,g Program, the Federal Community De ve lopment Program, or such similar discret ,onary programs as ep prnvd by DISTRICT's Board of Directors may be considered as and applied toward CITY's and WATER DJSTRICT's share of improvement costs. Payment of each party's fu ll share (CITY · $12,550; WATER DISTRICT-$9 ,930; DISTRICT-$0) shall be made to DISTRICT subsequent to execution of this Agreement an~. wi thin 30 days of request for payment by DISTRICT. The payments by PARTIES sha ll be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES , and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT fund s as well as a periodic notificatio n to CITY and WATER DISTRICT of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest sha ll be used only for PRO JECT upon approval by the contrac ting officers (Paragraph I 3). Withi n one yea r of complet io n of PROJECT if there are monies including interest earned remain ing which are not committed , obligated, or di sbursed , each party shall re ceive a share of such mon ies, which sh ares shall be computed as were the origina l shares . FINAL DESIGN The contract ing officers for PARTIES, as defined under Paragraph 13 of th is Agreement, shall sel ect an en gi neer murually agreeable to both PARTIES . DISTRICT sha ll contract wi th sel ected engineer ond sha ll supervise and coordinate the final design including righ t-of-way de line atio n subject to approval of the contracting officer for CITY and WATE R DISTRICT . Payment for final design shall be made by DISTRI CT as the work progresses fro m the PROJECT fund established as set fo rth abo ve. Final design services shall consist of, but not be limited 10 . the foll owi ng : A. Preparation of a wor): plan schedu le identify;ag the timing of major elemen ts in the design ; B. Prep arati on of deniled constructio n plans an d spe cificat ions; C. Preparation of an es timate of probable con structi on costs of the work covere d by the pl ans nnd spec ificatio ns ; D. Preparation ofan app rc priate construct ion sc hedule. DI STR ICT sha ll provide any written work pr od uct by th', engi neer to CITY and WATER DISTRICT . OWNERSHIP OF P)(QPERTY AND LIMlTAT IOI\ OF US E CITY shall own th e pro pert y either in fee or non-re voc able easement and sha ll be re sponsible for same . It is specific all y und ,,m~od that the right-of-way is bei ng used fo r drainage and fl ood co ntro l purpo ses. The prope rt ies upon which PROJECT is constructed shall not be use d for any purpose th at shall dimini sh or preclu de ,ts use fo r dra inage and flood contro l purpo ses. CITY may not di spo se of or change the use of the properties without approval of DISTRICT . If, in the future , CIT Y disposes of an y port ion of or all of the propertie s acquired upon which PROJECT is construc ted pursuant to th is Agreement ; changes the use of an y portion or all of the properties upon whi ch PROJECT is constructcrl pu rs uant to this Agreement ; or mod ifie s an y of the im pro vemen ts located on any portion of the properties up on which PROJECT is constructe d pursuant to this Agreement; and CITY ha s not obtained the wrinen app roval of DISTRICT prior to such act ion, CITY sha ll take any and all act ion nec essary to re verse said unauthorized activity and return the properties and improvements thereon , acquired and constructed pursuant to this Agree ment , to the ownershi p and condition they we re in immediately prior to th e unauthorized activity at CITY's sole expense . In the event CITY breache s the terms and provisions of th is Paragrap h 7 and docs not vo luntaril y cure as set forth above , DISTRICT sha ll have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. 8. MANAGEMENT OF CONSTRUCTION A. Costs . Con struction costs sha ll con sist of tho se costs as incurred by the lowe st acceptab le bidder(s) including detour co sts, licen se s and permits , utili ty relocations, and construc tion related engineering services as defined in Paragraph 4 of this Agree ment. 8 . Construction Management and Payment I. DISTRICT, with the assistance of CITY and WATER DISTRICT , shall administer and coordinate the co nstruction-related work as provided herein. 2. DISTRICT, with assistance and ap prova l of CITY and WATER DISTRICT , shall advertise for co nstruc tion bid s; conduct a bi d opening ; prepare co nstruction contract documents ; and award construct ion contract(s). 3. DISTRICT shall require the contractor to pro vi de adequate liability insurance tha t incl ud es CITY and WATER DISTRICT . The contractor shall be requir ed to indemnify CITY and WATER DISTRICT . Copies of the insuran ce coverage shall be provided 10 CITY and WATER DISTRICT . 4. DISTRICT , with assistan ce of CITY and WATER DISTRICT , shall coordinate field surv eyi ng; sta kin g; in spectio n; te sting ; ac qui sition ofright •of•\V ay; and engineeri ng as req uired to constru ct PROJECT . DISTRICT , with assis tance of CITY and WATER DISTRICT, shall assure that con stru ction is performed in accordance with .the construct io n contract documents including approved plan s and spcc ifi cat io:,s and shall accuratel y record the quantities and costs relati ve thereto . Copies o: all inspe ction reports shall be furn ished to CITY and WATER DI STRICT on a weekly basi s. DISTRICT shall retain an en gi neer to perform all or a part of the se dutie s. S. \d cs\agmmn1\0l 1009 DISTRICT , wi th appro val of CITY and WATER DISTRICT , shall contrac t with and pro vide the services or the des ign en gi neer for ba sic engineering construc ti on serv ic es to include addendum prepar:it ion ; surve y control points : exp lanatory sketche s; • • • • re vi sions of co ntract plans; sho p drawing review; as-built pl ans; weekly inspection of work; and final inspection. 6. PARTIES shall have access to th e site during construction at all times to observe the progress of wo. · and co nformance to constructio n contract documents •eluding pl::ms and specifications . 7. DISTRICT sh all review and approve contractor billings and send them to CITY and WATER DISTRICT fo r approval. DISTRICT sha ll remit payment to contractor based on billings approved by PARTIES . 8. DISTRICT, with assistance and wrincn concurren ce by CITY and WATER DISTRICT , sha ll prepare and issue all wrincn change or wo rk orders to the contract documents . 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10 . DISTRICT shall provide CITY and WATER DISTRICT a set of mylar reproducible "as-b uilt" plans . C. Construction Change Orders. In the event that it becomes necessary and ad visable to change the sco pe or detail of the work to be performed under the co ntract(s), such changes shall be rejected or approved in writing by the contract ing officers. No change orders shall be approved that increase the costs be yond the funds available in the PROJECT fund, includi ng in terest earned on th ose funds , unless and until the addi tional funds needed to pay fo r the added costs arc co .. ed by all PARTIES. 9. MAINTENANCE PARTIES agree that CITY and WATER DISTRICT shall own and be responsib le for maintenance of the completed and accepted PROJECT . PARTIES further agree that DISTRICT, at CITY's and WATER DISTRICT'S request, sha ll assist CITY and WATER DISTRICT with the maintenance of all facilities constructed or modified by virtue cf this Agreement to the extent possible de pending on availability of DISTRICT funds . Su ch maintenance assistance shall be limited to drainage and flood control features of PROJECT . Maintenance assi stance may include activities suc h as keeping flow areas free and clear of debris and si lt , keeping culverts free of debris and sediment, repairing drainage and flood control structures suc h as drop structures and energy dissipaters , and clean-up mea sure s afte r periods of heavy runoff. The specific nature of the maintenance assistance .;hall be se t forth in a memorandum of understanding from DISTRICT to CITY and WATER DISTRICT , upon acceptance ofDISTRJCT's annual Maintenance Work Program. DI STRICT shall have right-of-access to right-of-way and storm drainage improvement s at all times for observation of flood control facility co ndit ions and for maintenance when funds arc available . 'des\agrccmn i\0 )1 009 10 . FLOODPLAIN REGULATION CITY and WATER DISTRICT agrees to regulate and control the noodplai n of Marcy Gulch wuhin CITY and WATER DISTRICT in the manner prescnbed by the :--1ational Flood Insurance Program and pre scribed regu lations thereto as a minimum. PART IES understand and agree, however, that CITY and WATER DISTRICT cannot obligate itself by co ntract to e«rcise its police powers. If CITY and WATER DISTRICT fails to regulate the noodplain of Mercy Gulch within CITY and WATER DISTRICT in the manner prescribed by the National Flood Insurance Pro gram and prescribed r<gulations th eretr as a minimum, DISTRICT may exercise its power to do so and CITY and WATER Dl~.TRICT sha ll cooperate fully . 11. TE R.M OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall tcnnina tc two years after the final payment is made to the co nstruction contrac tor ar.d the final acco unting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragrap!1 5 herein, except for Paragraph 10 . FLOODPLAIN REGULATION, Paragraph 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE , and Paragraph 9. MAINTENANCE, "hich sha ll run in perpetuity. I 2. LIABILITY Each party hereto shall be respo nsible fo r any suits , icmands , costs or actions at law resulting from its own acts or omissions and may in sure against such po ssi bilities as appropriate . 13 . CONTRACTING OFFICERS AND NOTICES A. The co ntracting officer fo r CIT Y sha ll be the City Mayor , 1000 Englewood Parkway, Englewood . Colorado 80110 . B. The contracting officer for WATER DISTRICT shall be the General Manager , Centennial Water and Sa nitation District, 62 Plaza Drive , Highlands Ranch, Colorado 80126. C. The contracting offi cer for DISTRICT shall be the Execut ive Director, 2480 We st 26th Avenue , Suite 156B , Denve r, Colorado 80211. D. An y noti ces , demands or other commun ica tions required or pennittcd to be given by any provision of this Agreement shall be given in writing, del ivered personally or se nt by regis tered mail , postage prepaid and return receipt reque sted, add re ssed to PARTIES at the addresses set fort h above or at such other address as either parry may hereafter or from time to time designate by written notice to the other party given when personall y de li vered or mailed, and shall be co nsidered re ceived in the earlier of either the day on which suc h notice is actually received by the party to whom it is addre ssed or the third day after suc h notice is mail ed. E. The contracting offi cer s for PARTIES each agree to designa te and assign a PROJECT repre sentati ve to act on the behalf of said PARTIES in all matters relatcd tu PROJECT undert aken pursuant to thi s Agreement. Each rep re sentati ve shall coordi nate all • • • • • • PROJECT-re lated 1Ssues between PARTIES , sh all attend all progre ss meet ings , and shall be re spo nS1ble for providing all available PROJECT -related file information to the engineer upon request by DISTRICT or CITY and WATER DISTRICT . Said representatives shall ha ve the authority fo r all approvals , authorizations, notices or co ncurrences req uired under th!S Agreement or any amendments or addenda to this Agree ment. 14. AMENDMENTS Th is Agreement contai ns all of the terms agreed upo n by and among PARTIES . An y amendments or modifications to this Agreement sh all be in writing and execu ted by PARTIES hereto to be va lid and binding. 15 . SEVERABILITY If any clause or provision herein contained shall be adj udged to be invalid or unenforceable by a court of co mpetent jurisdiction or by operation of an y applicable law , such invalid or un enforceable clause or provision shall not affec t the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 16. APPLIC ABLE LAWS This Agreement shall be governed by and co nstrued in accordance with the la ws of the State of Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in Distric t Court in and fo r the City and County of Den ve r, State of Colorado. 17. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obl;gations hereunder without the prio r written consent of the no nassign ing party or parties to this Agreement. 18. Bil'<UING EFFECT The provisions of this Agreement shall bind and sha ll inure to the benefit of PARTIES hereto and to their respect ive suc cessors and pennitted assigns. I 9. ENFORCEAB ILITY PARTIES her eto 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 equ itable relief as may be available su bject to the provisions of the laws of the State of Colorado . 20. TERMINATION OF AGREEMENT This Agreement may ',e terminated upon thi rty (30) day's written notice by any of PARTIES, but only if there arc no co ntingent , outstanding co nrracts . If there arc contingent, outsta nding contracts, th !S Agrce me nt may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent , outstanding con tracts. All costs associated with the cancellation of the co ntingent contracts shall be shared berween PARTIES m the sa me ratio(s) as were their co ntribution s and subje ct to the maxi mum amount of eac h party's contnbu tio n as srt fort h herein . \d cs~a.rccrnru\0)1009 21. PUBLIC RELATIONS It shall be at CITY 's and WATER DISTRJCTs sole di screti on to initiate and to carry out any public rela tions program to inform the re51dents in PROJECT area as to the purpo se of PROJECT and what impact it may have on them . Te chni cal and final des ign recommendatt ~ns shall be pre sented to the public by the selected de si gn engineer . In an y event DISTRJCT shall have no responsibility for a public relations program , but shall assist CITY and WATER DISTRJCT as needed and appropriate . 22 . l:ill.,_l)ISCRIMINATION IN EMPLOYMENT In connection with the performan, . 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 , crer.d, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and funher agree to insen the foregoing provision in all subcontracts hereunder . 23 . APPROPRIATIONS Notwithstanding an y other term , condition, or provision herein, each and every obligation of CITY and/or DISTRJCT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and or WATER DISTRJCT and/or DISTRICT . 24. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of tlus Agreement , and all rights of action relating to such enforcement, shall be strictl y reserved to PARTIES , and nothing conta ined in thi s Agreement shall gi ve or allow any such cla im or right of action by any other or th ird person on such Agreement. It tS the express intention of PARTIES th at any pers on or pany other than an y one of PARTIES receiving services or benefits under this Agre ement shall be deemed to be an incide ntal benefi ci ary only . WHEREFORE, PARTIES hereto have caused tt js in strument to be execu,:~ · . pro perly authorized signatories as of the date and year fi rst above written. (S EAL) ATTEST : \dcs\a srcc mn t\Ol I 009 URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT By Title Executi ve Djrector Date ____________ _ • • • • • • (Sl:.AL ) ATTEST : Loucrishia A. Ellis City Cl.ttrk (SEAL i ATTEST: \des~srecmn t\Ql \ 009 9 CITY OF ENGLEWOOD By, ---n::=17,:-;,==~----Douglas Garrett Title. ~ayer Date CENTENNlAL WATE R AL'ID SANITATION D[STR!CT By __________ _ Tit le __________ _ Date __________ _ AGRE !:MENT REGARDING DESIGN AND CONSTRUCTION OF DRAINAGE AND FWOD CONTROL IMPRO VEME NTS FOR MARCY GULl ;H AT ENGLEWOOD DIT CH Agre cment No . 03-10 .09 ' Exh ibit A • • D,1 l e Nm e,nb er I 7, ~003 INITI ATED BY tiliti es D ep artmen t COUNCI L COM M U ,'J ICAT ION Age nd a 11cm IOai, Suhjcc t Ot-s ign ,llld Co nstru cti on oi Draina 1c &. Fl oo d Co nt rol lmp rm ement s io r 1\ \,1rcv Gulch I STAFF SOURCE Stewart Fonda , Direc tor o f Uti lities -------------------- COUNC IL GOAL A'JD PREVIOUS COUNCIL ACT ION 1 one. RECOMMENDED ACT ION The Engl ewood Water and Sewer Board, at thei r November I~, ~003 mee ting, reco mm end ed Counci l approva l o f the Agreement Regard in g D esign and Co nstru ction of Drainage anJ Flood Control Improvem en ts fo r Marcy Gulch at City Di tch. BACKGRO UND, AN ALYS IS, ANO ALTE RNATIVES IDENTIFIED A Mas ter Plan of Drainage fo r Marcy Gu lch was o ri ginall y prepared in 1985 for th e Marcy Gulch drai nage basi n in Highla nds Ran ch. Urban D rai nage , Cente nn ial Wate r and Sa nitation Distric t and th e Ci ty of Eng lewood now wis h to proceed with design and cons tru ction of th e d rain age and fl ood cont rol improvements fo r thi s area . Erosio n has exposed the pipe and th e com ing spri ng run off co uld ca use Englewood's e'-:is tin g sip hon stru ctur e to fa il. This wo uld crea te an ern erge ncy situ ati on beca use wa ter could no t be de li ve red to eith er Highlands Ranch or th e All en Filte r Pla nt. Englewood ow ns th e spi ll way tl,at pro tec ts the pipe fr om Marcy Gulch runoff. Urban Drainage and Fl ood Control is propos in g lo co nstru ct ,1 new spi ll w ay, to rep la ce the existin g Ci ty Di tch pipe w ith 48" reinfo rce d co ncre te pipe , and tu co nstru ct J new in let and out let stru cture. Enl arg in g thi s pipe to -1 8" will all ow th e City Di tch to ca rry up to 59 cfs of raw wa ter . Urban Drain age is O\ ersee ing the proje ct and ensurin g fl oo d co ntr ol co11 1pliance. FINANCIAL IMPACT This Jgreemen t is lor th e engineeri ng phase oi th e projec t. and Muller Engine eri ng will desig n th e sp ill w,1y stru cture. Ce nt ennial w ill p,w ior th e design of th e inl et .ind o utl et struc tur es and enl argemen t o r th e Ci ty Ditch pipe 10 -1 8" Eng lewood's portio n is SI ~.5 50 w11h Ce nt ennia l conlribulin g 59,930. Funds io r cons tructi on o i the proJec t \\ ill he prO\ ided b~, an am end ment to lni s agree111~n t at a iuture da te. LIST OF ATTACHME NTS :\gr t:111 nt Rega rding Design and Co nstr uction oi Dr.1111.ige ,md Flood Co ntr ol lmprm emen ts ior ,\\arcv Gui h al Englewood Di tch Bi ll ior rdin~1 rH.:e