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.
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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.
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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
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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
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