HomeMy WebLinkAbout2023 Ordinance No. 004
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BY AUTHORITY
ORDINANCE NO. 04 COUNCIL BILL NO. 75
SERIES OF 2022/2023 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY
ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD
CONTROL IMPROVEMENTS FOR DRY GULCH FROM YALE
AVENUE TO UNIVERSITY BOULEVARD BETWEEN THE URBAN
DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY
OF ENGLEWOOD.
WHEREAS, the Urban Drainage and Flood Control District D/B/A Mile High
Flood District (“District”) in a policy statement previously adopted (Resolution No. 14,
Series of 1970), expressed an intent to assist public bodies which have heretofore enacted
floodplain zoning measures; and
WHEREAS, the District and the City Of Englewood (“City”) participated in a
joint planning study titled “Harvard Gulch and Dry Gulch Major Drainageway Plan” by
Matrix Design Group, dated December 2016 (“Plan”); and
WHEREAS, the Parties now desire to proceed with the design, right-of-way
acquisition and construction of drainage and flood control improvements for Dry Gulch
from Yale Avenue to University Boulevard in accordance with the Plan (“Project”); and
WHEREAS, the District has adopted at a public hearing a Five-Year Capital
Improvement Program (Resolution No. 79, Series of 2021) for drainage and flood control
facilities in which the Project was included in the 2022 calendar year; and
WHEREAS, the District has adopted a Special Revenue Fund Budget for
calendar year 2022 subsequent to public hearing (Resolution No. 76, Series of 2021)
which includes funds for Project; and
WHEREAS, the District’s Board of Directors has authorized the District
financial participation for the Project (Resolution No. 86, Series of 2022); and
WHEREAS, the cost of the Project is not to exceed $550,000 dollars with each
Parties’ share being $275,000 dollars; and
WHEREAS, City Staff seeks City Council authorization to enter into an
Intergovernmental Agreement with the District regarding final design, right-of-way
acquisition, and construction of drainage and flood control improvements for Dry Gulch
from Yale Avenue to University Boulevard.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an
Intergovernmental Agreement regarding final design, right-of-way acquisition, and construction of
drainage and flood control improvements for Dry Gulch from Yale Avenue to University Boulevard
between the Urban Drainageway and Flood Control District and the City of Englewood, Colorado, as
attached hereto as Exhibit A.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes of sustaining any and all
proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or
order which can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
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F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of
any documents by said officials shall be conclusive evidence of the approval by the City
of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 12th day of December,
2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 15th day of December, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 14th day of December, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of January, 2023.
Published by Title in the City’s official newspaper as Ordinance No. 04, Series of
2022/2023, on the 6th day of January, 2023.
Published by title on the City’s official website beginning on the 5th day of
January, 2023 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Othoniel Sierra, Mayor
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ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 04, Series of 2022/2023.
Stephanie Carlile
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AGREEMENT REGARDING
FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD
Agreement No. 22-11.07
Project No. 107346
THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF
ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES";
WITNESSETH:
WHEREAS, DISTRICT, in a policy statement previously adopted (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, PARTIES participated in a joint planning study titled "Harvard Gulch and Dry Gulch
Major Drainageway Plan" by Matrix Design Group, dated December 2016 (hereinafter called "PLAN");
and
WHEREAS, PARTIES now desire to proceed with the design, right-of-way acquisition and
construction of drainage and flood control improvements for Dry Gulch from Yale Avenue to University
Boulevard (hereinafter called "PROJECT"); and
WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement
Program (Resolution No. 79, Series of 2021) for drainage and flood control facilities in which PROJECT
was included in the 2022 calendar year; and
WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year
2022 subsequent to public hearing (Resolution No. 76, Series of 2021) which includes funds for
PROJECT; and
WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for
PROJECT (Resolution No. 86, Series of 2022); 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.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. SCOPE OF THIS AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2. SCOPE OF PROJECT
A. Final Design. PROJECT shall include the final design of improvements in accordance with
the recommendations defined in PLAN. Specifically, the final design of facilities shall
extend from approximately Yale Avenue to University Boulevard, as shown on Exhibit A.
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B. Right-of-Way Delineation and Acquisition. Right-of-way for the improvements as set forth
in the final design and an estimate of costs for acquisition shall be determined. Maps, parcel
descriptions, and parcel plats shall also be prepared.
C. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood
control improvements as set forth in the final design and vegetation establishment.
3. PUBLIC NECESSITY
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 PARTIES and to their property therein.
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and
be limited to the following:
1. Final design services;
2. Delineation, description and acquisition of required rights-of-way/easements;
3. Construction of improvements;
4. Contingencies mutually agreeable to PARTIES.
B. It is understood that PROJECT costs as defined above are not to exceed $550,000 without
amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AMOUNT
1. Final Design $ 550,000
2. Right-of-way $ -0-
3. Construction $ -0-
4. Contingency $ -0-
Grand Total $ 550,000
This breakdown 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
expenditures do not exceed the maximum contribution by all PARTIES plus accrued
interest, if applicable.
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party
shall be:
Percentage Maximum
Share Contribution
DISTRICT 50% $275,000
CITY 50% $275,000
TOTAL 100.00% $550,000
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5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of
1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may
come from its own revenue sources or from funds received from state, federal, or other sources of
funding without limitation and without prior DISTRICT approval.
Payment of each party's full share (CITY - $275,000; DISTRICT - $275,000) shall be made to
DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment
by DISTRICT. The payments by PARTIES shall 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 funds as well as a periodic notification to CITY 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 shall be used only for
PROJECT upon approval by the contracting officers (Paragraph 13).
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or disbursed, each party shall receive a share of
such monies, which shares shall be computed as were the original shares; or, at CITY request,
CITY share of remaining monies shall be transferred to another special fund held by DISTRICT.
6. FINAL DESIGN
The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall
select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected
engineer and shall supervise and coordinate the final design including right-of-way delineation
subject to approval of the contracting officer for CITY. Payment for final design services shall be
made by DISTRICT as the work progresses from the PROJECT fund established as 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 timing of major elements in the design;
B. Delineation of required right-of-way/easements;
C. Preparation of detailed construction plans and specifications;
D. Preparation of an estimate of probable construction costs of the work covered by the plans
and specifications;
E. Preparation of an appropriate construction schedule.
DISTRICT shall provide any written work product by the engineer to CITY.
7. RIGHT-OF-WAY
CITY, with DISTRICT assistance, shall be responsible for acquiring, subject to approval of
DISTRICT, such land or interests in land needed to implement construction of the drainage and
flood control improvements as defined herein. The cost to be shared by PARTIES for right-of-way
acquisition may include relocation costs of existing occupants. Appraisal costs and costs
associated with condemnation (including outside legal costs) will also be considered a PROJECT
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cost. Right-of-way acquisition by negotiation and / or the exercise of eminent domain shall be in
full compliance with the laws of the State of Colorado. In addition, the right-of-way acquired shall
be in the name of CITY and the conveyancing document shall be promptly recorded in the records
of the Clerk and Recorder of CITY. DISTRICT shall serve as the paying agency.
A. Coordination of Right-of-Way Acquisition. Cost sharing by PARTIES will be based on
supporting documentation such as formal appraisals, reasonable relocation cost settlements,
legal description of the property, and other information deemed appropriate to the
acquisition. Furthermore, cost sharing will be only for the properties, or portions thereof,
approved by PARTIES to be needed for the drainage and flood control portions of
PROJECT. Request for such approval shall include appraisals of property, legal description
of the property, and other information deemed appropriate to the acquisition by PARTIES to
this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of
DISTRICT, and such purchases shall be made with PROJECT funds.
B. Payment for Right-of-Way Acquisition. Following purchase or receipt of executed
memorandum of agreement between CITY and property owner for the needed right-of-way
that commits the property owner to sell property to CITY at a price certain and on a date
certain, CITY shall so advise DISTRICT and request payment as provided above.
DISTRICT shall make payment within 30 days of receipt of request accompanied by the
information set forth above.
C. Ownership of Property and Limitation of Use. PARTIES acknowledge that CITY owns the
property on which PROJECT is constructed either in fee or non-revocable easement and
shall be responsible for same. It is specifically understood that the right-of-way is being used
for drainage and flood control purposes. The properties upon which PROJECT is constructed
shall not be used for any purpose that shall diminish or preclude its use for drainage and
flood control purposes. CITY may not dispose of or change the use of the properties to
diminish or preclude its use for drainage and flood control purposes without approval of
DISTRICT, which shall not be unreasonably withheld.
If, in the future, CITY disposes of any portion of or all of the properties acquired upon which
PROJECT is constructed pursuant to this Agreement; changes the use to diminish or
preclude its use for drainage and flood control purposes of any portion or all of the
properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any
of the improvements located on any portion of the properties upon which PROJECT is
constructed to diminish or preclude its use for drainage and flood control purposes pursuant
to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to
such action, CITY shall take any and all action necessary within their legal authority to
reverse said unauthorized activity and return the properties and improvements thereon,
acquired and constructed pursuant to this Agreement, to the ownership and condition they
were in immediately prior to the unauthorized activity at no expense to DISTRICT.
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However, CITY shall not be responsible for the actions of third parties that would violate the
provisions of this Paragraph who may have legal rights in the property as long as CITY has
taken reasonable action to stop those actions. In the event CITY breaches the terms and
provisions of this Paragraph 7 and does not voluntarily cure as set forth above, DISTRICT
shall have the right to pursue a claim against CITY for specific performance of this portion
of the Agreement.
DISTRICT may, subsequent to the recording by CITY of any document transferring title or
another interest to property acquired pursuant to this Agreement to CITY, record a
memorandum of this Agreement (Exhibit B), specifically a verbatim transcript of Paragraph
7.C. Ownership of Property and Limitation of Use except for this sub-paragraph which shall
not be contained in the memorandum. The memorandum shall reference by legal description
the property being acquired by CITY and shall be recorded in the records of the Clerk and
Recorder of Arapahoe County immediately following the recording of the document
transferring title or another interest to CITY. CITY authorizes the recording of that
memorandum and acknowledges that the same is meant to encumber the property with its
restrictions.
8. MANAGEMENT OF CONSTRUCTION
A. Costs. Construction costs shall consist of those costs as incurred by the most qualified
contractor(s) including detour costs, licenses and permits, utility relocations, and
construction related engineering services as defined in Paragraph 4 of this Agreement.
B. Construction Management and Payment
1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the
construction-related work as provided herein.
2. DISTRICT, with concurrence of CITY, shall select and award construction
contract(s).
3. DISTRICT shall require the contractor to provide adequate liability insurance that
includes CITY. The contractor shall be required to indemnify CITY. Copies of the
insurance coverage shall be provided to CITY upon request.
4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking;
inspection; testing; acquisition of right-of-way; and engineering as required to
construct PROJECT. DISTRICT, with assistance of CITY, shall assure that
construction is performed in accordance with the construction contract documents
including approved plans and specifications and shall accurately record the quantities
and costs relative thereto. Copies of all inspection reports shall be furnished to CITY
on a weekly basis upon request. DISTRICT shall retain an engineer to perform all or
a part of these duties.
5. DISTRICT, with concurrence of CITY, shall contract with and provide the services of
the design engineer for basic engineering construction services to include addendum
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preparation; survey control points; explanatory sketches; revisions of contract plans;
shop drawing review; as-built plans; weekly inspection of work; and final inspection.
6. PARTIES shall have access to the site during construction at all times to observe the
progress of work and conformance to construction contract documents including plans
and specifications.
7. DISTRICT shall review and approve contractor billings. DISTRICT shall remit
payment to contractor based on billings.
8. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or
work 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 a set of reproducible "as-built" plans.
C. Construction 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
rejected 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
interest earned on those funds, unless and until the additional funds needed to pay for the
added costs are committed by all PARTIES.
9. MAINTENANCE
PARTIES agree that CITY shall own and be responsible for maintenance of the completed and
accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY
with the maintenance of all facilities constructed or modified by virtue of this Agreement to the
extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall
be limited to drainage and flood control features of PROJECT. Maintenance assistance may
include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free
of debris and sediment, repairing drainage and flood control structures such as drop structures and
energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the
maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to
CITY, upon acceptance of DISTRICT's annual Maintenance Work Program.
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.
10. FLOODPLAIN REGULATION
CITY agrees to regulate and control the floodplain of South Englewood Basin within CITY in the
manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a
minimum.
PARTIES understand and agree, however, that CITY cannot obligate itself by contract to exercise
its police powers. If CITY fails to regulate the floodplain of South Englewood Basin within CITY
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in the manner prescribed by the National Flood Insurance Program and prescribed regulations
thereto as a minimum, DISTRICT may exercise its power to do so and CITY shall cooperate fully.
11. TERM OF AGREEMENT
The term of this Agreement shall commence upon the earlier of the date of final execution by all
PARTIES and shall terminate three (3) years after the final payment is made to the construction
contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES
pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULATION,
Paragraph 7.C. Ownership of Property and Limitation of Use, and Paragraph 9. MAINTENANCE,
which shall run in perpetuity.
12. 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.
13. CONTRACTING OFFICERS
A. The contracting officer for CITY shall be the Mayor, 1000 Englewood Parkway, Englewood,
Colorado 80110.
B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
Avenue, Suite 156B, Denver, Colorado, 80110.
C. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all
PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be
responsible for providing all available PROJECT-related file information to the engineer
upon request by DISTRICT or CITY. Said representatives shall have the authority for all
approvals, authorizations, notices or concurrences required under this Agreement. However,
in regard to any amendments or addenda to this Agreement, said representative shall be
responsible to promptly obtain the approval of the proper authority.
14. RESPONSIBILITIES OF PARTIES
DISTRICT shall be responsible for coordinating with CITY the information developed by the
various consultants hired by DISTRICT and for obtaining all concurrences from CITY needed to
complete PROJECT in a timely manner. CITY agrees to review all concept plans, preliminary
design plans, and final plans and specifications; and to provide comments within 21 calendar days
after the drafts have been provided by DISTRICT to CITY.
15. AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding.
16. SEVERABILITY
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
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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.
17. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State
of Colorado and venue for the same shall lie in the CITY where PROJECT is located.
18. ASSIGNABILITY
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 or parties to this Agreement.
19. BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and
to their respective successors and permitted assigns.
20. ENFORCEABILITY
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 equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
21. TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) days’ written notice by any party to this
Agreement, 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 PARTIES in the same ratio(s) as were their contributions.
22. PUBLIC RELATIONS
It shall be at CITY's sole discretion to initiate and to carry out any public relations program to
inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have
on them. Technical information 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.
23. NO DISCRIMINATION 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, gender identity, marital status, or physical or mental
disability and further agree to insert the foregoing provision in all subcontracts hereunder.
24. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY
and/or DISTRICT 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 DISTRICT.
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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
PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES that
any person or party other than any one of PARTIES receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
26. GOVERNMENTAL IMMUNITIES
PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party
of any rights, limitations, or protections afforded to them under the Colorado Governmental
Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at
law or equity.
27. INTENT OF AGREEMENT
Except as otherwise stated herein, this Agreement is intended to describe the rights and
responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer
rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and
responsibilities of the CITY, the DISTRICT or any other entity not a party hereto.
28. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES
This Agreement, and all subsequent documents requiring the signatures of PARTIES to this
Agreement, may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. PARTIES approve the use
of electronic signatures for execution of this Agreement, and all subsequent documents requiring
the signatures of PARTIES to this Agreement. Only the following two forms of electronic
signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents
requiring the signatures of PARTIES to this Agreement.
A. Electronic or facsimile delivery of a fully executed copy of a signature page; or
B. The image of the signature of an authorized signer inserted onto PDF format documents.
Documents requiring notarization may also be notarized by electronic signature, as provided
above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions
Act, CRS §§ 24-71.3-101 to -121.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year written below.
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT D/B/A
MILE HIGH FLOOD DISTRICT
By
___________ Name Laura A. Kroeger
Checked By
Title Executive Director
Date
CITY OF ENGLEWOOD
By
Name
Title
Date
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GREEMENT REGARDING
FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
DRY GULCH FROM YALE AVENUE TO UNIVERSITY BOULEVARD
Agreement No. 22-11.07
Exhibit A
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