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HomeMy WebLinkAbout2001 Ordinance No. 076• • • ORDI ANCE NO. "Jk SERLES OF 2001 BY AUTHORITY COUNCIL BrLL NO. 79 I NTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINAJ CE AUTHORIZIN Al'-1 TNTERGOVERNMENTAL AGREEMENT EN1'ITLED ·· AGREEMEN'l' REGARDI G FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL JMPROVEMEN'l'S FOR BIG DRY C REEK AT ALLEN WATER TREATMENT PLANT' BETWEEN THE URBAN DRAINAGE A1iD FLOOD CO TROL DISTRICT AND THE CTTY OF ENGLEWOOD. WHEREAS, Urban Drainage and Flood Control District co mpleted and upds t<!d mapping of Big Dry Creek in 1997; a nd WHEREAS . informatio n from this new study identi£ied the Alle n Water Tre&tme n t Plant as being located within the Oood plan of Big Dry Creek; and WHEREAS, ae part of the major improvements to the Allen Treatment Plant completed in 2000, the En11lewood Utilities Department included con.struction of a floo<lwall to protect the treatment facility; a nd WHEREAS, Big Dry Creek bank protection ia r equired to eliminate the Oood plain desj gnation; a nd WHEREAS. Urban Drainage m et with Englewood prior to construction of the flood wall and agreed in principle to fund a portion of the bank protection project; and ~VHEREAS, the bank protection project may include : s tripping topsoil, installing ripr.ip to protect the bank, replace topsoil and s eeding; N OW, THEREFORE. BE IT ORDAINED BY THE CITY CO CIL OF THE CITY OF E:NGLEWOO D. COLORADO. AS FOLLOWS: Si:i;wmJ.. The City Council of the City of Englewood, Colorado hereby authorizes the l ntergovernn:.ental Agreement e ntitled • Agreement Regarding Final Design and Con,truruoa Of Drainage And Flood Control Improvements For Big Dry Creek At Allen Water Trentment Plant" between the Urban Drainage and Flood Control D1atrict and the C ity of Englewood, a copy of which is marked as "Exhibit A " and a tta che d h ereto. ~-The Mnyor and the City Clerk are hereby a uthorized to sign a nd attes t s aid lntergove rnm.ent:tl Agree ment on behalf of the City of Englewood. lntr u ced. read in full , a 11d passed o n fir t rea ding on the 19"' day of ~ovember. 2 0 0L -I - 10 b vi Published aa a Bill for an Ordinance on the 23rd day of November, 2001. Read by title and passed on final rendins on the 3rd day of December, 2001 . Published by title as Ordinance No . Lk., Serie• of 2.00 l , on the 7th day of December, 2001 . I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoin1 ia a true COel .or the Ordinance pa on final reading and published by title as Ordinance No . .Ls,,., Series 2001 -2- • • .. • AGREEMENT REGAJlDING FINAL DESIGN L fD CONS :RUCTION OF DRAINAGE AND FLOOD C.C NTROL IMPROVEMENTS FOR. BlG DRY CREEK T LEN WATEil TREATMENT PLANT Agreement No. 0 I -07 .04 TIIlS AGREEMEl'IT, made: this _____ day of _______ _, 2001. by and between URBAN DRAlNAGE AND FLOOD COl'ITROL DISTRICT (hereinafteT called "DISTRICT') and CITY OF ENGLEWOOD (hc:mn:i.tl:er called "CITY') and collectively known '-"' "PARTIES"; WlTNESSETH : WHERE.-1-S . DI STRICT. in I policy statement p1ev1ously adopted (Resolution , o . 14. Series o f 19 /0 :ind Resolution No. 11, Series of 1973) e;,cprcssed :m intent to assist public b<-.dies which have heretofore enlcted floodplain regulation me:isur~; an•J WHEREAS, PARTIES participated ,n a joint planning study entitled "Big Dry "reek (ARAPCO) & Tnbucir1>-s MaJor Drainageway Planning Phase -8: ~liminary Design Report" by WRC Eng ineering. L,c .. dated Apnl, 1998 (hereinafter cared "PL->.N"); and \ HEREAS. PA.RTlES now desire to procce<i with the design lOd construction of drainage :ind flood c ontrol 1mprovemen1s for Big Dry Creek lt Allen Water Tre:ument Pl:i.n1 (hereinafter called "PROJECT'); :ind WHEREAS, DISTRICT has adop1cd at a public he:iring a Five•Y= Capital Improvement Progr.im (Res1Jluc .i n No . 77. Series of 2000) for drainage and flood control facilities in which PROJECT was included in the 200 I calendar year. and WHEREAS, DISTRICT has herc1ofore adopted a Special Revenue Fund Budget for calendar y~r :?00 I subsequent to public h=ng (Resolution No. 70, Series of 2000) which includes funds for PROJECT: and \ H ERE AS. DISTRlCTs Board of Directors has authonzed DISTRICT financ ial participation for PROJECT 1Reso lut10n No. 65 , Series of 1999 and Resolution No. 85 , S :es of2001); and WHEREAS, lhe City Council of CITY :ind the Board of Directors of DISTRICT have :iuthorized. by 3ppropri:mon or resolution, :1l1 of PROJECT coses of the resp ..... tive PARTIES. NOW. THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto 3grec 1s follows ; I. 2. SCOPE OF THIS AGREEMENr Tn ,s A~emcnt de lines the rcsponsi biliues :1nd tinanci3I commitmencs of PARTIES with respect 10 PROJECT. SCOPE OF PROJECT A . Final Desigp . PROJECT s~l1 include 1he fin3! design of improvements in accordance with the recommendations defined in 1he PL~. Specifically. the final d.es,gn of fac .tities shall extend fr om approximately PLAN Slllrioo 37 .,. 40 10 PLA."1 Sta1ion 4 J .,. 00, as shown on E.-uubi1 A . ~flOIOjO,I 3 . 4. n. Construcrion. PROJECT shall include comD'IICtion by DlSTR.ICT of the draina&e and 0ood control i mprovements as set forth ill the final desip. PUBLIC NECESSITY PARTIES agree that the: work performed pursuant to this Agreement is necessary for the he:ilth. safety, comfort. convenience. and w:lfare of all the people of the Stnte, a.'ld is of particular ~efit 10 the inhabitants ofDISTIUCT and the property therein. PROJECT COSTS AND Af.LOCHION OF COSTS A. PARTIES :agree that for the purposes of this Agreement PROJECT costs shall consist of :ind be limited to the following : I . Final design services; 2. Constn.1ction of improvements; 3. Contingencies mutually agreeable to PARTIES B . ii is understood that PROJECT costs as defined above are not 10 exceed S32,000 wi1hou1 1mcndmenr to this Agreement. Project costs for the various elements of the effort :ire estimated as follows : I. 2. .!IlM AMOUNT F inal Design Construction Grand Toial 532.000 -O-• S32,000 •Monies for construction will be added by amendment 10 th.is Agreement at a later date. This bre:i.kdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total cxpendirures do not exce::d the nu.ximum contribution by all PARTlES plus ac crued interest. C. DISTRICT sh.all con.tribute: 50% of PROJECT costs and CITY shall conm'butc: 50% of PROJECT costs. Based on total PROJECT costs. the maximum cost to each pany shall be: DISTRICT share CITY share TOTAL Pvticipation $16,000 Sl6,000 532,000 5. MA'iAGEMENT OF FINANCES :\3 set forth in DISTRlCT policy (Resolution , o . 11, Series of 1973 and Resolution No. 49 , Series of 19 ), the cost s haring sh:i.11 be after sub1r.1cting state, federal. or other sources of funding from third panics. Ho wever, monies CITY may receive from federal funds, the Federal Revenue Sharing Prognm. the Federal Community Development Program, or such '· • • • • • similar dis=tionacy prov,uns :is approved by DISTRICTs Board ofDirc:c:ton may be conside~ :is and applied toward CfITs share: of improvement costs. P:iymcn1 ofe,ich party's full share (CITY -$16,000; DISTR1CT-Sl6,ll00) shall be: made to DISTRICT subsequ.ert to c:xc:curion of this ApHment and within 30 days of, e<?uc:st for payment by DISTRICT. The paymenrs by PARTIES shall be hc:ld by DISTRICT in :1. special fund to pay for incrc:mc:nts of PROJECT u authorized by PARTIES. and as defined herein. DISTIUCT shall provide: a periodic accounting of PROJECT fw!ds as well as a periodic notification to CITY of any unpaid oblia:i.uons . Any interest c:imed by the monies connibutcd by PARTIES shall be accrued to the spc:cial fund "St:lblishcd by DISTRICT tbr PROJECT and such interest shall be used only for PROJECT upon approwl by the contracting officers (Paragraph 12). Within one yc:ir of completion o f PROJECT if there: o.re monies including interest e:imed rema ining which o.re no1 comm irred. obli gated. or disbursed. e:JCh pany shall receive :i shllrc: of such monies. which sharc:s shall~ computed as were the onginal shnres (DISTRJCT SO%; CITY 50%). 6. FINAL DESIGN The contracting officers for PARTIES, :is defined under ParaiJ'llph I 2 of this Agreemen t. shall sclcc1 an cngmcer mutu:1ll y agree:ible IO both PARTIES. DISTRICT shall contrJCI with selected engineer and shall supervise :ind coordinate the final design subject to approval of the contractina officer for CITY. Payment for fina l design services shall be: made by DlSTRlCT 11.S the work progresses &om the PROJECT fund esmblished :is set forth above. Final design services shall consist of. but not be limited to, the following: A. Preparation of a work plan schedule identifying the riming of m:ijor elements in the d:-::~: B . Preparation of derailed consrrucrion dr:iwings :md specifications; C. Preparation of an es11 0-uHe of probable c onstru.ction C'lStS of the work covered by the pl:ins and specifications; D . Preparation of :in appropriate construction schedule. DISTRlCT sh:ill provide any written work product by the engineer IO CITY. 7. MANAGE;'v!ENT OF CONSJRUCUON A . ~-Construction c osts shall consist of those costs as incun-ed by th e lowest acceptable b1ddcr(s ) including detour costs, licenses and perrruts. utilicy rclocanons, and construction related cng,ncering servic"s as defined in P:ingnph ~ ofch1s Agrccmc:n, . B . Construction :'\lf;inagemen1 ll)d ?avment 1. DISTRlCT, wnh the assiscmce of CITY . ~1-:111 administer and coordinate the construcnon-rclaced work as provi ded herc:in . '\da\apa:mnl\Clt070.& 3 c. 2 . DISTRICT, with as.sistance '111d approval of CITY, shall atlvertise fo construction bid.,; conduct a bid open!nr; prepare consll'UCtion contract documcn1S : and award construction con1ract(s). J . DISTRICT. w ith assistance ofCTTY, shall coordinate field surveying; staking; inspection; testing; and engineering as requirtd to construct the proposed drainllge improvements. D I.STRICT, with assis1ance of CITY, shall assure !hat construction is performed in accordan'1: with the construction contract documenlS including app roved plans and specifications and shall accurately record the quantities and coslS relative thereto. Copies of all inspection reports shall be fum is hed 10 CITY on a weekly bas,s. At CITY's option. DISTRICT shall retain an engineer co perform alt or a part -,f these durie~. 4. DISTRICT. with approval of CITY. shall contr.Jct wi th and pro·. 'de the services of rhe design engineer for basic engineering constru.:tion services to include ai ·nuum preparation: survey cona-ol poin1S; eitplanatory sketches: re visions of contr.1c t drawm1s: shop drawing review; as-constructed drawings: weekly int, .,;tion of work: and fi nal inspection. 5. PARTIES shall have acces>', 10 the site dui:ing construction at all times 10 observe the progress of work 31\d conformance to construction contract documents including plans and specifica-ri ons. 6. DISTRICT shalt review and :ipprove contractor billings and send them to CITY for a pprov:LI . DISTRICT shall rc,:nit payment to contractor baso:d on b illings approved by P ARTIES. 7. DISTRICT. with a ss,stance and wnttcr concurrence by CITY. shall prepare and issue all written chor;ge or work ortlc-rs 10 th~ contract documents . 8. PARTIES shall Jointly conduct :i final inspectio:, and accept or reject the completi:d PROJECT 1n ac cordance with the contract documents . 9 . DISTRICT shall provide CITY a scr ,,fvcllum reproducible "as-constructed" dr:iwings. Construction Change On!en. In the l!Vent ihat it becomes necessary and advisable to change the scope or detail of the work t0 be performed under the cont:racc(s), such changes shall be rej ected or approved in Miring by the contracting officers. No change orders shall be approved that incn:asc the costs l-cyond [he funds available in the project fund . including interest earned on those funds. unless and until the addicional funds needed co pay for che ac,ded costs arc commi ncd by all PARTIES. 8. MAIN[ENA NCE • • PARTIES agree cha t CITY s hall own :ind be responsib le for maintCR3Rce o f the completed • and accepted PROJECT. PARTIES further ~gree that DISTRICT, at CITY's request. shall :issist C ITY with the maintenance o f all fac ili ties constructed or modified by virtue of this • • • Agreerm:111 to the c:<.tent possible depending on ava.ilabiliiy of DISTIUCT funds. Such maintenance .u.sistance shall be limited ro dnin.at ~ ;u-.d flood con1r0I tc:ai:ures of PROJECT . Maintenance usistance may inc lude activilies such .u keeping now= free and cleo.r of debris :ind silt. keeping culvc:ns free of debris and seduncnt, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up m ures after periods of heavy runoff. The specific na.cure of the rnaintc:nance :issistance shall be: set fonh in a memorandum of undc:rstanding from DISTRICT to CITY. upon accepta.nce of DISTRICTs 3nnual Maintenance Work l'Togram. DISTRICT shall have right-of-access to right-of-way and stonn dr:unage improvement.; at all ti mes for ob~uv3tion of flood control fa c ility conditions and for maintc:nanc r when tunds are available. 9 . E.OQDPLAIN REGULATION CITY agrttS to regulau: and control the floodplain of Big Dry Creek wi1h in CITY in the maJTaer prescnbed by the National Flood Insunr:ce i'Togr.un and prescribed regul:itions thereto as :i mmimwn. PARTIES 1,r.de,-stand and agree, however, that CITY C3Mot obligate itself by contract to c:,.ac:1se its. police powers. If CITY fails ro regulate i.iie floodplam of Big Dry Creek with.in CITY 1n the maMer prescribed by the National Flood Insurance l'Togram and prescribed regul:mons thereto as a m inimum, DlSTRJCT may c:,:crcise its power to do so and CITY shall cooperate fully. 10 . TERM OF AGREEMENT The term of this Agreement shall commence upon final e:,:ecunon by all PAR.Tl.ES and shall terminat, :wo ye:irs :i.fter the final payment is made to lhc constrUcrion concra<:tor and the fina l :ic c ounting of funds on deposit 31 DISTRICT is provided to all PARTIES pursuant to P=gnph 5 herein. e:tcept for Pnragraph 9 . FLOODPLAlli REGULATION and Pa.ragr.iph 8. ~ENA,"ICE. wh1.:h shall run in pcrpenmy. 1 1. LIABILITY ~ch parry hereto sh:111 be responsible for any suits, demands, costs or :i.crions at !aw resulMg from its 0"'11 acts or omissions and may insure apinst such r,ossibilities as appropriate. 12. CONTIL.\CTTNG OFFICERS .\ND :'10TICES A. The contracting officer for CITY shall be the Ciiy Mayor, 1000 Englewood Parkway. Engkwood. Colo,,Y:'.o 80110. B . The c ontrllcring offic er for OlSTRJCT shall be the: E:<c:cutive Director. 2480 West 26th. Avenue. Suite 156B, Denver, Colorado 80211. C. Any nolices. Jem:inds or other communications re qu ired or pcrmioc:d to be given by any provision of th.is Agreement sh.a.II be given in writing, delivered person:illy or sent by registered mail, post:ige prepaid and r!tum receipt requc:s1ed . addressed to P."tRTIES at the adJresscs set forth above or at such other '1ddreu u eilhcr party may hereafter or from time to time designate by written notice to the other party given when personnlly delivered or mailed. and shall be considered received in the earlier of either th~ day on which such notice is acrually recdved by the party to whom it is addressed or the third day after such notice is mailed. D. The contr11cting officers for PAR.TIES each agree to designate and assign a project rep=enurive to act on the behalfofsai.i PARTIES in all m4tters related 10 the designs and construction undenaken punuant to this Agreement. Each representative shall coordinate all design :ind construction-related issues between PARTIES. shall anend all progress meetings, and shall be responsible for providing :Ill available pro;ect-related tile informauon to the engineer upon request by DISTRJCT or CITY. Said representatives shall have the authority for all approvals, authorizations. notices or concurrences required under this Agreement or any amendments or addenda to this Agreement. 13 . AMENDMENTS Th,s Agreement conuins all of the terms agreed upon by .u :d .aw<,nj PARTIES . Any amendments or modifications 10 this Agreement shall be in writing and c.'tecuted by PARTIES hereto 10 be valid and binding. 14 . SEVERABILITY If :my clause o r provision herein contained sh2.ll be adjudged 10 be invalid or unenforceable by a court of competent jurisdicuon ~r by operation of :my applicable law, such invalid u unenforce:ible clause or provision . _II r.01 :iffect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force ond effect. 15 . APPLJCABLE LAWS This .->,.greement shall be governed by and cc.nstrued in 11ccordancc with the l11ws of the S te ofColoroJo. Venue for :iny and all !"gal a~-rions arising under the Agreement shall lie in l. ~ Disrrict Court In and for the County ,if Denver, Sute ofColorad1.1. 16 . ASSIGNABILITY Ne-party to this Agreement shllll assign o r transfer :iny of its rights or obligations hereunder wilhom the prior written consent of the nonass1gning party or parties 10 this Agreement. I i . BrNDf'IJG EFFECT The prcv1 ~1ons of this Agreement shall bmd lllld shall inure to the benefit of PARTIES hereto ond 10 the ir respective success ors :ind pcrmiued 11Ssigns . 18 . ENFORCEABILITY PARTI ES hereto ~gree 1nd acknowledge that this Agreement may be enfon;ed in law or in equity . oy decree or" specific performance or damages , or such oiher legal or equitable relief as ma y be :,v:i ilable subjec t 10 the provisions of u"lc l1w s of the S1ate of Colorado . 0&'1 p ... "Cfflnl,()1070-' 6 • • • • • • 19 TERM[NA TJON OF AGREEMENT llus A~eemcnt may be terminaled upon thtrty (30) day's written notice by any of PARTIES . bu• -=~-ly 1fthcrc arc no ~onnng~-nL outstanding controci.S. If there arc contingent. outst:inding cc:;ntrocis, this Agreement l.'lay only be terminated upon mutual agreement of 1111 PARTIES and only upon the cancellation lf all contingent. outswiding contraets. All costs associated wtth lhe c::mcellalion of the contingent contracts shall be shared between PARTIES 1n the same rano(s ) as were their ... ontributions and subject to the ma.'timum amount ot" ca,h party'.; contribution as set forth herein. 20 . PUBLIC RELATIONS It sh:111 be at CITYs sole discretion to initiate and to carry out any public relations program 10 in fo rm the residents in PROJECT area as 10 the purpose of the propos ed fac11lnes and what imp3ct it may have o n them. Technical and final design rccommenda li ons shall be presented to the public by the selected design engineer. ln any event DISTRICT shall have no responsib ility for a public relauons program. but shall ass ist CITY as needed and appropriate. 21. APPROPRIATIONS 22 . No1w1thst;indi ng any other tern,. condiuon. or provision herein, c:1ch and every obligation of CITY :ind'or DISTRICT st;itcd in this Agreement is s ubj o:cr 10 the requirement of 3 prior appropri auon of fu nds rherefore by the 3ppropriate governing body of CITY and/or DISTRICT. NO THIRD PARTY BENEFICL-\RIES It is ctpressly undCTStood and agreed dun enforcement of the terms and conditions of this Agreement. and 311 ri ghts of:iction relating to such enforcement, shall be strictly reserved to PARTIES . 3nd notlung contained m this .-\~mcnt shall give or :illow any s uch claim or ngh1 of l ction by any other or third person on such Agreement. It 1s 1he e~press intention of PARTIES 1h 01 any person or party o ther than any one of PARTIES receiving services or benefits under tms Agreement shall be d eemed 10 be :in incident:il beneficiary only. WHERE FO R E. PARTIES hereto h:ive c ;i.used th is insll'U.ntent to be: executed by properly a uthorized signatorie s 3S of the dare and yr.:ir first above written. {SEA L) ATTEST . 7 URBAN DRAINAGE AND FLOOD CONTRO L DISTRICT By _____________ _ T irlc E:<ecutjvc Director Dare ______________ _ [SEAL) ATTEST: APPROVED AS TO FORM: Ciry A ctomcy 8 CITY OF ENGLEWOOD By _______ .:.....c..-----• Titlc Mayor Oa~------------- • • • • • AG REn!ENT REGARDING FIN AL DESIGN AND CONSTRUCTION OF DRAil'IAGE .-\ND FT.DOD CONlllOL IMPROVEMENTS FOR BIG DRY C RE EK AT ALLEN WATER TREATMENT PLANT / :,': ~~ :I:· ~~~; ~"-.-~~ ~----~~ -·---·--;.\i; .-... . ' - (l,TIFCD .-\grwnentNo. 01--0 7.04) E.'thibit A • • Dale ovember 19. :001 INITIATED BY COUNCIL COMMU NICATION Agenda Item 11 a iii Subject IG A for Design uf Big Dry Creek Improvements at Allen Water Treatment Pla n t Department of Public Wo rks I STAFF SOURCE Rick Kahm, Capit al Projects Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council 's goal is to utilize intergovernmental cooperati on on projects, which benefi t all parties. RECOMMENDED ACTION Sta ff r ecommends council approval of a Bill for an Ordinance to enter into an agreement with the U r ban Drainage and Ffood Control District The agreement co ers flnanc:ial commitments re lated design of impr ovements to Big D ry Creek a:lj.,cent to the Allen Wat er Treatment Plan L BACKCOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Urban Drainage and Flood Control District c.:o mplet ed an d updated mapping of Big Dry Creek in 1997. lnfor nation from this n ew study idEmtified t he Allen Water Treatment Pla nt as being located within the flood plan of Bi!! D ry Creek. As pa t of th e major improvements to the Allen Treatment Pl an t completed in '.!000 . th e Util:ties Department inclu ded construction oi a floodwall to p rotect th e Ire, tment facility. Howevt;, 8ig Dry C reek b ank protection is required t o eliminate the flood p lain desig,1ation . Urban Drainage sta ff m e t wi th Englewood before cons truction of th e floodwall and agreed in principle to fun d a portion c,f th e bank protection project. The bank protection project may include: stripping topsoil, ins ta lling riprap t o pro tect the bank. replace topsoil. and seeding. Design en gineers will be instru cted to sa ve as many of the existing trees as possible. Stafi applied for funding and the project was budgeted i n U rban Drainage D istrict's 5-ye ar Capital Impr ovement Program. Design funds are programmed for 2001 with construction funding antici pated for 2002 . FINANCIAL IMPACT D esig n services for th is project are S3 2,000. Englewood 's sharta: is 50% o r S 16,000. Prelimi nary construction es t i mate s are i n the S 1 :20,000 ra n ge. Urban Drainage will partici pate 50% for co nstruc tion. An amPndment to cover construction costs will b e presented to Ci ty Council after design is complete in ::!0 0::!. Adequate funds are budgeted fo r des ign and construction through Utilities Allen Treatment Plant ac count 09-03 . • LIST OF ATTACHMENTS Bill for an Ordinan ce l ntergove rnmPntal Agreement