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HomeMy WebLinkAboutResolution 2015-0039CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 Series of 2015 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, THE URBAN DRAINAGE FLOOD CONTROL DISTRICT (UDFCD), AND THE CITY OF GOLDEN REGARDING FUNDING OF A STUDY TO MODIFY THE REGULATORY HYDROLOGY ON CLEAR CREEK WHEREAS, the Cities of Wheat Ridge and Golden, which regulate flood control on Clear Creek as it traverses these cities, have entered into an Intergovernmental Agreement to prepare a CLOMR to modify the regulatory hydrology on Clear Creek; and WHEREAS, these entities recognize the need to modify the hydrology to reflect the historical recorded flow data of Clear Creek to accurately map the floodplain limits; and WHEREAS, the City has entered into a contract with the Urban Drainage and Flood Control District and the City of Golden for the local funding of the project; and WHEREAS, the agreement must be executed to provide funding for the project; and WHEREAS, the City's portion of project funds would be 25% of the project cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. Agreement The agreement between the City, the Urban Drainage Flood Control District, and the City of Golden for IGA No. 15-09.02: Study to Modify the Hydrology on Clear Creek, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same 2. Effective Date. ATTEST: AGREEMENT REGARDING FUNDING OF A STUDY TO MODIFY THE REGULATORY HYDROLOGY ON CLEAR CREEK Agreement No. 15-09.02 . ·~ 1HIS AGREEMENT, made this ftC{,· day of September, 2015, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT'~, CITY OF GOLDEN (hereinafter called "GOLDEN"), and CITY WHEAT RIDGE (hereinafter called ''WHEAT RIDGE"); (hereinafter GOLDEN and WHEAT RIDGE shall be collectively known as "PROJECT SPONSORS" and DISTRICT and PROJECf SPONSORS shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, DISTRicr in a policy statement previously adopted (Resolution No. 14, Series of 1970). e.xpressed an intent to assist public bodies which have heretofore enacted floodplain zoning tneasures; end WHEREAS. DISTRicr bas previously established a Work Program for 20 IS (Resolution No. 51, Senes of2014) which inclt1des operation 11nd maintenance of selected USGS stream gages and maintenance of the regulatory hydrologtc models; and WHEREAS, DISTRlCf AND GOLDEN have previously partnered to commission a preliminary study of the Clear Creek regulatory hydrologic model to detttmine whether an updated model is watTOnted: and WHEREAS, the results ofthnt study indicate that a change to the regularory hydrology based on the long record of StreaJU gage data is warranted and P ARTlES now desire to proceed with development of a Conditional Letter of Map Revision based on hydrology for Cleor Creek from its confluence with the South Platte River to the location of USGS vacated stream gage 06719500 in Clear Creek Canyon upstream of the U.S Highway 6 crossing (hereinafter called "PROJECT"); and WHEREAS. DISTRICT's Board of Directors has authorized DISTRJCT financial participation for PROJBCT (Resolution No. 62, Series of2014); and WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and make recommendations regarding PROJECT which are in the best mterest ofPARTIES. NOW, THEREFORE, in. consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCQPE OF AGREEMENT This Agreement defines the responsibilities and financial cormnitments ofP ARTIES with respect toPROJEcr. 2. SCOPE OF PROJECt The purpose of PROJECT is outlined in Exhibit A. 3. PUBLIC NECESSITY P ART.IES agree that the work performed pwsuaot 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 ofPARTJES and to their property therein. 4. PRomcr COSTS P ARTIBS agree that for the purposes of this Agreement PROJECT costs shall consist of, and be limited to, mapping, hydraulic analyses, and related services and contingencies mutually agreeable to PARTIES. Project costs are estimated not to exceed $40,000 ($31,000 for engineering and $9,000 for FEMA submittal fees). 5. FINANCIAl. CQMMITMENTS OF PARTIES PARTIES shall eacb contnbute the following percentages and maximum amounts for PROJECT costs as defined in Paragraph 4: DISTRICT GOLDEN WHEAT RIDGE TOTAL Percentage Share 62.50% 12.50% 25.00% 100.00% Contribution s2s,ooo• $5.000** $10.000 $40,000 • DISTRICT's share may include $1 0.000 fi·om COOT under separate agreement •• GOLDEN ond DISTRICT each contributed $5.000 to U1e preliminary srudy leading 10 this PROJECT. 6. MANAGEMENT OF FINANCES Payment by DISTRICT of $ZS.OOO, by GOLDEN of $5,000. ond by WHEAT RIDGE of $10,000 shall be made to DISTRICT subsequent to aecution of this Agreement nnd within thirty (30) calendar days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT tn o special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRJCT shall proVlde a periodic accoWlting of PROJECT funds as well as a periodic notification to PRO JEer SPONSORS of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECf and will not require an amendment to this Agreement. lD the event that it becomes necessary and advisable to change the scope of work to be perfonned, the need for such changes shaD first be discussed with PARTIES, and their general concurrence received before issuance of any amendments or addenda. No changes shall be approved that increase the costs beyond the funds available in the PROJECT fund unless and until the additional funds needed are committed by PARTIE$ by an amendment to this Agreement. Within one year of completion of PROJECT if there are monies including mterest earned remaining which are not committed, obligated, or dispersed, each party shall receive a share of such monies, which shares shall be computed as were the original shares. p)ao\Aareement\ 1 S\150902 2 7. PUBLISHED REPORTS AND PROJECT DATA DISTRICT will provide to PROJECT SPONSORS acoess to the draft and fmal electronic report rues and draft and final electronic report files. Upon completion of PROJECT, electronic files of all drawings and hydrologic and hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to PROJECT SPONSORS upon request. 8. TERM OF THE AQREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate two years after the final report is delivered to DISTRICT and the fmal accounting of funds on deposit at DISTRICT is provided to PROJECT SPONSORS pursuant to Paragraph 6 herein. 9. LIABILITY Each party hereto &hall 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. 10. CONTRACTING OFFICERS A. The contracting officer for GOLDEN shall be the Director of Public Works. B. The contncting officer for WHEAT RIDGE shall be the Director of Public Works. C. The contracting officer for DlSTRICT shall be the Executive Director, 2480 West 26111 Avenue, Suite 1568, Denver, Colorado 80211 . D. 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 PROJECI' -related file information to the engineer upon request by DISTRICT or PROJECT SPONSORS. 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. 11. RESPONSWILITIES OF PARTIES DISTRICT shall be ~Uponsible for coordinating with PROJECT SPONSORS the information developed by the various consqltants hired by DlSTJUCI' and for obtaining all concurrences from PROJECT SPONSORS needed to complete PROJECT in a timely manner. PROJECT SPONSORS agree to review all draft work products and to provide comments within 21 calendar days after the draft reports have been provided by DlSTRICT to PROJECT SPONSORS. 12. AMENPMBNIS This Agreement contains all of the tenns 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. 3 13. SEVERABD...ITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a coun 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. 14. 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 County where the Project is located. 15. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the no assigning party or parties to this Agreement. 16. Bn;DING EFEECf The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 17. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement maybe 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 !he laws of the State of Colorado. 18. 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, tlus Agreement may only be tenninated 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. 19. PUBLIC RELATIONS It shall be at PROJECT SPONSORS'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 infonnation shall be presented to the public by the selected engineer. In any event DISTRICT wll have no responsibility for a public relations program, but shall assist PROJECT SPONSORS as needed and appropriate. 20. GOVERNMENTAL IMMUNITIES The 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 (Section 24-10-1-1, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity. 4 21. NO PlSCRIMINAilON 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 on the basis of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agrees to insert the foregoing provision in aU subcontracts hereunder. 22. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of PROJECT SPONSORS and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriadon of funds therefore by the appropriate governing body ofPROJECr SPONSORS and/or DISTRICT. 23. NO THIRD PARD' BENEFICIARIES lt is expressly understood and agreed that enforcement of the terms and condibOns of this Agreement, and all rights of action reJating to such enforcement, shall be strictly reserved lO 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 PROJECT SPONSORS or DISTRJCT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 24. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17 .S-1 01 et seq C.R.S. The foUowing language shall be included in aoy contract for public services: "The Consultant or Contractor shall not and by signing this Agreement certifies that it does not knowingly employ or contract with an illegal alien to perform work under this Agreement. Consultant or Contractor shall not enter into a subcontract with a subcontractor that fails to certify to the Consultant or Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract for services. Consultant or Contractor a.ffmns that they have verified or attempted to verify through participation in the Employment Eligibility Verification Program (E-Verify) previously known as the Basic Pilot Program (created in Public Law 208, 104d' Congress, As Amended, and expanded in Public Law 156, 108111 Congress, As Amended, that is administered by the United States Department of Homeland Security that Consultant or Contractor does not employ illegal aliens. Consultant or Contractor shall not use theE-Verify procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. In the event that the Consultant or Contractor obtains actual knowledge that a subcontractor perfonning work under this Agreement knowingly employs or contracts with an illegal alien, the Consultant or Contractor shall be required to: piAn\Acrccmcnt\1 S\ 1 S0902 s A. Notify the subcontractor and PARTIES within three days that the Consultant or Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Termlnate the subcontract with the subcontractor if within three days of receiving the notice required if the Subcontractor does not stop employing or contracting witl1 the illegal alien; except that the Consultant or Contractor shall not tenni.nate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Consultant or Contractor is required under this Agreement to comply With any reasonable request by the Colorado Department of Labor and Employment (COLE} made in the course of an investig11rion the CDLE is undertaking pursuant to to §8-17 .5-1 02(5) C.R.S. DISTRICT may tennioate this agreement for a breach of contract if Consultant or Contractor docs not fuUy and completely comply with these conditions. If this Agreement is so terminated, the Consultant or Contractor shall be liable for actual and consequential damages to P ARTlBS. 25. EXECtmON IN COUNTERPARTS -ELECTRONIC SIGNAIURES This Agreement, and aU subsequent documents requiring the signatures of PARTIES to tllis 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 tlle following two fonns of electronic sigr~atures shall be pemUtted to bind PARTIES ro this Agreement, and all subsequent documents requiring tlle signatures of PARTIES to tllis 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 sigr~er inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shalt be governed by the Uniform Electronic Transactions Act, CRS § 2~71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signat\lr'cS as of the dare and year above written. pbo\A~Clll\1 S\150902 6 crry--eF WHEP(f RhoGE (SEAL) ::. --:J::;r1j'&. of k.Jit.-cJ-~ dc,'- Dat: q /;,I. '?'/I ') plan\AII='"cnl\ I S\ 150902 7 AGREEMENT REGARDING FUNDfNG OF A STUDY TO MODIFY THE REGULATORY HYDROLOGY ON CLEAR CREEK Agreement No. 15-09.02 EXHffiiT A: SCOPE OF WORK • I . ,.. ' . . .. I .. _; .t. ' ... .. ,.,. 1~ c.J .• , •• -#