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HomeMy WebLinkAbout1997 Ordinance No. 002• ORDINANCE NO .~ SERIES OF 1996/1997 BY AUTHORITY COUNCIL BILL NO . 82 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS ON BIG DRY CREEK AT WINDERMERE, CITY OF ENGLEWOOD -UDFCD AGREEMENT NO. 96-10.05 ," BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, the City of Littleton, the City of Greenwood Village, Arapahoe County, Douglas County, and the Urban Drainage and Flood Control District participated in a drainage master plan for Big Dry Creek which recommended certain improvements at Windermere Street; and WHEREAS, the recommended improvements are to be constructed by the Colorado Department of Transportation (CDOT) as part of the Windermere roadway improvements; and WHEREAS, the Agreement covers financial commitments related to bridge construction and channel improvements on Big Dry Creek at South Windermere Street; and WHEREAS , Urban Drainage and Flood Control District will make payments to CDOT in the amount of $150 ,000 .000 for these improvements; and WHEREAS, the City of Englewood's share for the Windermere Street improvements has been traded for landscaping on South Santa Fe; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the Urban Drainage and Flood Control District and the City of Englewood , Colorado , attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood , Colorado. Introduced, read in full, and passed on first reading on the 16th day of December , 1996 . -1- 10 b iii Published as a Bill for an Ordinance on the 20th day of December, 1996 . Read by title and passed on final reading on the 6th day of January, 1997 . Published by title as Ordinance No.6_, Series of 1997, on the 9th day of January, 1997. I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy o,.f the Ordinance passed on final reading and published by title as Ordinance No . a!::,., Series of 1997 . Loucrishia A. Ellis -2- • AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS ON IllG DRY CREEK AT WINDERMERE, CITY or ENGLEWOOD UDFCD Agreement No. 96-10 .05 TlllS AGREEMENT, made this--------day of ______ , 1996, by and between the CITY OF ENGLEWOOD (hereinafter called "CITY") and the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), also collectively known as "PARTIES"; WITNESS ETH: WHEREAS, DISTRICT, in policy statement previously adopted by the Board of Directors of this DISTRICT (Resolution No . 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, CITY has enacted floodplain regulations; and WHEREAS, CITY, DISTRICT, Cities of Littleton and Greenwood Village and Counties of Arapahoe and Douglas have cooperated in the preparation of a drainage master plan for Dig Dry Creek which recommended certain improvements al Windermere Street; and WHEREAS, CITY is entering into an agreement with the Colorado Department of Transportation (CDOT) for constrnction of the improvements along Ilig Dry Creek al Windermere; and WHEREAS, CITY requests the DISTRICT share in the costs allocated to CITY by COOT for the nig Dry Creek al Windermere improvements; and WllEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 59 Series of 1995) for drainage and flood control improvements in which construction of flood control improvements for Big Dry Creek al Windermere in CITY was included in the 1996 Calendar Year; and WllEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for Calendar Year 1996 subsequent 10 p11blic hearing (Resolution No . ~9 Series of 1995) which includes adequate funds for construction of drainage and flood control improvements for flig Dry Creek al Windermere within CITY; and WllEREAS, DISTIHCT Board of Directors authoriied the financial participation for design and constrnction of drainage and flood control improvements for Ilig Dry Creek at Windermere within CITY (Resolution No . 74, Series of 1996); and WI IEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation nr resolution the maximum project cost of the respective PARTIES; NOW, TIIEREPORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows: I. Sf:OPE or TlllS Al.REEMENT This Agreement defines the responsibilities and financial commitments of the PAH.TIES to this A!;recmcnt with respect to construction of drainage and flood control improvements for Big Dry Creek at Windermere (see Exhibit A) within CITY and as defined herein . 2. Sf:OPE Of PROJl'.CI 96-10 .05 The project will include construction by COOT of the drainage and flood control improvements on Dig Ory Creek at Windermere Street as approved by DISTHICT and CITY consisting of a new cross drainage structure and channel improvements . I! x H I B I T A 3. Construction shall be in conformance with Paragraph 8. MANAGEMENT OF CONSTRUCTION. PUBLIC NECESSITY DISTRICT and CITY 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 are of particular benefit to the inhabitants of the DISTRICT and CITY and the property therein. 4. PROJECT COSTS 5. 96-10.05 A . Definition of Project Costs. DISTRICT and CITY agree that for the purposes of this Agreement, project costs for the scope, as defined in Paragraph 2. above, shall consist of, and be limited to, construction and construction related services. B. Estimated Project Costs . The estimated costs associated with the project as defined above are as follows: Construction & Construction Related a. Construction b. Field Surveying, Staking, Inspection and Materials Testing c. Contingencies Total $413,200.00 41,300.00 45.500.00 $500,000.00 This breakdown of costs is for estimating only. Costs may vary between the various elements of the effort without amendment to this Agreement provided total expenditures do not exceed the maximum contribution by DISTRICT and CITY . ALLOCATION OF COSTS AND FTNANCTAL COMMITMENTS OF DISTRICT AND CTTY A . Maximum Contrihution and Limitations. DISTRICT and CITY shall each contribute the following percentages and maximum amounts for elements of project as defined in Paragraphs 2 and 4 of this Agreement: DISTRICT CITY Percentage Contrihution 30 70 Maximum C ontribution $150,000.00 350.000.00 $500 ,000.00 In accordance with Resolution No. 11, Series of 1973 and Resolution No. 49, Series of 1977, the cost sharing shall be after subtracting state, federal, or other sources of funding, excluding any contribution from the DISTRICT. However, monies CITY may receive from the payment in lieu of taxes for Federal funds, Federal Revenue Sharing Program, Federal Community Development Program , or such similar discretionary programs as approved by the DISTRICT'S Board may be conside red as and applied toward ClTY's share of improvement costs. DISTRICT and CITY understand that CITY's contribution toward the project is being a pplied toward landsca ping on South Sante Fe Drive. 13. Payment and Accounting. The DISTRICT, upon presenta tion of a billing hy CITY from COOT for work accomplished, shall remit within 30 days 303 of the billing to CITY or COOT (at CITY's direction ) up to a maximum e amount of $150,000 .00. 2 6 . FINAL DESIGN The final design of this portion of the Big Dry Creek at Windermere drainage and flood control improvements will be prepared by the Colorado Department of Transportation. Periodic meetings between CITY and DISTRICT will be arranged to review the progress and resolve quest ions. All changes to the design will be directed by CITY only after consultation and agreement with DISTRICT. 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE DISTRICT and CITY acknowledge that the Colorado Department of Transportation has property rights required to construct the project described in Paragraph 2 of this Agreement. If, in the future, CDOT disposes of any portion of or all of the propenies upon which this project is constructed pursuant to this Agreement, changes the use of any portion or all of the properties upon which this project is constructed pursuant to this Agreement, or modifies any of the improvements located on any portion of the properties upon which this project is constructed pursuant to this Agreement, and CDOT has not obtained the written approval of the DISTRICT, and CITY prior to such action , CITY shall cooperate with the DISTRICT in an attempt to reverse said unauthori zed activity and return the properties and improvements thereon, acquired and constructed pursuant to thi s Agreement , to the ownership and condition they were in i mmediately prior to the unauthorized activity . 8. MANAGEMENT OF CONSTRUCTION A. The PARTIES ag ree that the Colorado Department of Transportation shall be responsible for the administration of construction rel a ted work. DISTRICT and CITY shall work with CDOT and provide the assistance needed to accomplish construction. B. DISTRICT and CITY personnel shall have access to the site during construction at all times to observe the progress of work and conformance to plans and specifications. C. DISTRICT shall remit payment to CITY and /or CDOT as set forth in Paragraph 5. D . PARTIES shall jointly conduct a final inspection of completed facilities. E . CITY will provide DISTRICT one set of mylar reproducible "as constructed" drawings once provided by CDOT. 9. CHANGE ORDERS In the event that, in the prosecution of the work under the c onstruction contract (s), it becomes necessary or advisable to change the scope or detail of the work to he performed under the contract(s), a change order must be processed . Such change order shall be approved by each Contracting Officer as de fi ned in Paragraph 15 . In the eve nt that any change orders require monies in add ition to those which have previousl y been deposited a nd committed per Paragraph 5 , the appropriate sh a res of such addi tional cost shall be computed in the same fashion as were the original shares , shall require approval by amendment to this Agreement , and such additional monies shall be committed by all PARTIES prior to the c hange ord e r being issued . 10 . MAINTENANC E 96-10.05 The PARTIES agree that , to the extent permitted by CDOT, CITY shall assume maintenance of the completed improvements within its respective jurisdiction acquired by virtue of this Agreement. The PARTIES further agree that DISTRICT 3 may assist CITY with the maintenance of all improvements constructed or modified by virtue of this Agreement depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of the project. The specific nature and terms of the maintenance assistance shall be set forth annually in a memorandum of understanding between DISTRICT and CITY. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt; cutting and controlling grass and weeds in the channel right-of-way; keeping culverts free of debris and sediment; repairing drainage and flood control structures such as drop structures, and energy dissipators; repairing eroded sections of channel; and clean-up measures after periods of heavy runoff. The DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 11. FLOODPLAIN REGULATION CITY agrees to regulate and control any floodplain of Big Dry Creek within its respective jurisdiction that may be defined in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto, as a minimum. However, it is recognized that this Agreement cannot obligate CITY to exercise, fail to exercise or modify the exercise of its regulatory or police powers . If CITY fail to regulate the floodplain of the Big Dry Creek within its respective jurisdiction in the manner prescribed by the National Flood Insurance Program and prescribed regulation thereto as a minimum, the DISTRICT may exercise its power to do so and CITY shall cooperate fully. 12. TERMINATION OF AGREEMENT This Agreement may be terminated upon Thirty (30) days written notice by either party, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts . All costs associated with the cancellation of the contingent contracts shall be shared between CITY and DISTRICT subject to the maximum amount of each Party's contribution as set forth herein. 13. TERM OF THE AGREEMENT The term of this Agreement shall commence upon final execution by the PARTIES and those Paragraphs concerning the design and construction of the project shall terminate two years after the final payment is made to the construction contractor and the final accounting of funds on deposit at CITY and/or CDOT is provided to DISTRICT pursuant to Paragraph 5 herein, except for Paragraph 11. FLOODPLAIN REGULATION, Paragraph 7. OWNERSmP OF PROPERTY AND LIMITATION OF USE, and Paragraph 10. MAINTENANCE which shall not be terminated. 14. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate . 15. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the City Manager, City of Englewood, 3400 South Elati Street, Englewood, CO 80110. 96-10 .05 4 B. The Contracting Officer for the DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, CO 80211. C. Any notices, demands, or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to the contracting officer of the other agency and placed in the U.S. Postal mails as certified mail. 16. AMENDMENTS This Agreement contains all of the terms agreed upon by and among CITY and DISTRICT. Any amendments or modifications to this Agreement shall be reduced to writing and executed by the parties hereto to be valid and binding. 17. SEVERABfUTY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction 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. 18. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 19. ASSIGNABIUTY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party to this Agreement. 20. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of the parties hereto and to their respective successors and perniitted assigns. 21. ENFORCEABILITY The parties hereto agree and acknowledge that this Agreement may be enforced in Jaw or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 22. PUBLIC RELATIONS It shall be the responsibility of CITY to carry out any public relations program, should CITY desire to do so, and public inquiry responses to inform the residents in the project area as to the project purpose, proposed facilities and impact on them. The DISTRICT will assist CITY, if requested by CITY, with public relations. 23. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, DISTRICT and CITY agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation , marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS 96-10.05 Notwithstanding any other term, condition, or provision herein, each and every obligation of DISTRICT and/or CITY stated in this Agreement is subject to the 5 requirement of a prior appropriation of funds therefor by the City Council of CITY and/or Board of Directors of DISTRICT. 25. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to CITY and the DISTRICT, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or th ird person on such Agreement. It is the express intention of CITY and the DISTRICT that any person other than CITY or the DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, the parties hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written. (SEAL) ATTEST: (SEAL) ATTEST: Loucr i s hi a A . Elli s, City Cl e r k 96-10.05 6 THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Title Executive Director Date. ___________ _ CITY OF ENGLEWOOD By ___________ _ Thoma s J. Burns Title, __ -"M.._.a._.y"'"o.ur _______ _ Date. ___________ _ ' • . • n .. ~. j .. 96-10 .05 AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS ON BIG DRY CREEK AT WINDERMERE, CITY OF ENGLEWOOD UDFCD Agreement No. 96-10.05 EXHIBIT A ~--·-Y.!CIN!Iy MAf: 7 TYPE CF MPAOVCW(NT w-nrt CH,,,..(l /N'f'tin as uoc:u .. .,.. &l.1:4 .r fllAIO•ClA.Yon IUt o I &.Vll'W:l,I ~ 11,,_r. .,.. • ., ., ••.••• '4. !?;:/{·~\: ... #Off: tw. ....... It • --....-. ..... ............................... ___ .... ........................... "' -- '"'"" 0::1sr1,, OtAkl'H Ql V A.H.. lf t ) '""' '" UHo Uuo Utt ' ••n~ /rMl'(.U14_., •1#1'1•1# . . • . ' . Date December 16, 1996 INITIATED BY COUNCIL COMMUNICATION Agenda Item 10 a ii STAFF SOURCE Subject Intergovernmental Agreement with Urban Drainage District for Big Dry Creek at Windermere St. Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovernmental cooperation on projects which benefit all parties. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the Urban Drainage and Flood Control District. The agreement covers financial commitments related to bridge construction and channel improvements on Big Dry Creek at S. Windermere St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood, City of Littleton, City of Greenwood Village, Arapahoe County, Douglas County, and Urban Drainage and Flood Control District participated in a drainage master plan for Big Dry Creek which recommended certain improvements at Windermere St. The recommended improvements are to be constructed as part of the Windermere roadway improvements by the Colorado Department of Transportation( COOT). Urban Drainage agreed to participate in the amount of $150,000 for these improvements. FINANCIAL IMPACT Urban Drainage and Flood Control District will make payments to COOT totaling $150,000. Englewood's share for the Winc;lermere St. improvements have been traded for landscaping on South Santa Fe. No additional appropriations are required for this agreement. LIST OF ATTACHMENTS Bill for an Ordinance Intergovernmental Agreement '