HomeMy WebLinkAboutResolution 2016-0009CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. ~
Series of 2016
TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH THE
URBAN DRAINAGE FLOOD CONTROL DISTRICT
REGARDING FUNDING OF MAJOR DRAINAGEWAY
PLANNING AND FLOOD HAZARD AREA DELINEANTION FOR
SLOAN'S LAKE DRAINAGEWAY AND TRIBUTARIES
WHEREAS, a standard agreement between Urban Drainage and Flood Control
District, City of Edgewater, City of Wheat Ridge, City and County of Denver and City of
Lakewood has been prepared regarding funding of Major Drainageway Planning and
Flood Hazard Area Delineation for Sloan's Lake Basin and Tributaries; and
WHEREAS, these entities recognize the need for a study update to reflect
changes that have occurred in the basin over the years since the original plan was done
in 1977, and to accurately project flood limits; and
WHEREAS, the estimated cost of the study is $250,000, with the District financing 50%
of the total project; and
WHEREAS, the City of Wheat Ridge's portion of project funds contribution would
be 8.5% of the project cost in the amount of $17,000;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
Section 1. Agreement Approved.
The Agreement Regarding Funding Major Drainageway Planning and Flood Area
Delineation for Sloan's Lake Basin and Tributaries be approved.
Section 2. Effective Date I -~ '> -I~ .
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this fl.~ day of 9.cvrt.M~"''--, 2016.
("I A ~161fhyor
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AGREEMENT REGARDING FUNDING OF
MAJOR DRAJNAGEWA Y PLANNING AND
FLOOD HAZARD AREA DELINEATION FOR
SLOAN'S LAKE DRAINAGEWA Y AND TRIBUTARIES
Agreement No. 15-11.14
THIS AGREEMENT. made by and between URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT (hereinafter called "D ISTRICT"), CITY AND COUNTY OF DENVER, a municipal
corporation of the State of Colorado (hereinafter called "DENVER"), CITY OF LAKEWOOD, a home
rule municipal corporation ofthe State of Colorado (hereinafter called "LAKEWOOD"), and CITY OF
WHEAT RIDGE (hereinafter called "WHEAT RIDGE"): (hereinafter DENVER, LAKEWOOD, and
WHEAT RIDGE shall be collectively known as "PROJECT SPONSORS" and DISTRICT and PROJECT
SPONSORS shall be collectively known as "PARTIES");
WITNESSETH THAT:
WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of
I 970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning
measures; and
WHEREAS, DISTRICT has previously established a Work Program for 2016 (Resolution No. 56,
Series of20 I 5) which includes master planning; and
WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan and
a flood hazard area delineation (FHAD) report for Sloan's Lake Drainageway and tributaries (hereinafter
called "PROJECT"); and
WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for
PROJECT (Resolution No. 62, Series of 20 I 5); and
WHEREAS, PARTIES desire to acquire survey needed to conduct the engineering studies for
PROJECT; and
WHEREAS. PARTIES desire to engage an engineer to render certain technical and professional
advice and to compile infonnation, evaluate, study, and recommend design solutions to such drainage
problems for PROJECT which are in the best interest of PARTIES.
NOW, THEREFORE. in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
I. SCOPE OF AGREEMENT
This AGREEMENT defmes the responsibilities and financial commitments of PARTIES with
respect to PROJECT.
2. PROJECT AREA
DISTRICT shall engage an engineer and obtain mapping as needed to perfonn or supply necessary
services in connection with and respecting the planning of PROJECT ofthe area and watershed
shown on the attached Exhibit A dated November 2015, (hereinafter called "AREA").
3. SCOPE OF PROJECT
The purpose of PROJECT is to develop a drainageway master plan and FHAD report, including
hydrologic information and the locations, alignments, and sizing of storm sewers, channels.
detention/retention basins, regional water quality facilities, and other facilities and appurtenances
needed to provide efficient stormwater drainage within AREA. The proposed work shall include,
but not be limited to, mapping; compilation of existing data; necessary field work; and
development and consistent evaluation of all reasonable alternatives so that the most feasible
drainage and flood control master plan can be determined and justified for AREA. Consideration
shall be given to costs, existing and proposed land use, existing and proposed drainage systems,
known drainage or flooding problems, known or anticipated erosion problems, stormwater quality,
right-of-way needs, existing wetlands and riparian zones, open space and wildlife habitat benefits,
and legal requirements. Schematic alternative plans shall be developed such that comparison with
other alternatives can be made.
Drainage system planning shall be done in three phases by the engineer engaged by DISTRICT,
culminating in a drainage master plan report. During the first phase, the selected engineer shall
perform all data gathering and modeling needed to prepare the baseline hydrology section of the
master plan report containing an introduction, study area description and hydrologic analysis
description. During the second phase, the engineer shall perform all studies and data gathering
needed to prepare the alternatives analysis sections of the master plan report containing a hydraulic
analysis discussion, schematics of alternatives developed and their costs, along with a discussion of
the pros and cons of each alternative and a recommended plan. A single alternative will be selected
by PARTIES after the review and evaluation of the alternatives analysis report. The FHAD report
preparation and submittal will be concurrent with the second phase of the master plan. During the
third phase, the engineer shall be directed to prepare a conceptual design for the selected alternative
and prepare the conceptual design section of the master plan report.
4. 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.
5. PROJECT COSTS
PARTIES agree that for the purposes of this AGREEMENT PROJECT COSTS shall consist of,
and be limited to, mapping, master planning, FHAD and related services and contingencies
mutually agreeable to PARTIES. Project costs are estimated not to exceed $250,000 with $85,000
secured by PROJECT SPONSORS under this AGREEMENT and the remaining funds secured by
DISTRJCT and others under separate agreement.
6. FfNANClAL COMMITMENTS OF PARTIES
PARTIES shall each contribute the following percentages and maximum amounts for PROJECT
COSTS as defined in Paragraph 5:
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Master Plan
Percentage Share
DlSTRICP 50.00%
EDGEWATER• 7.50%
DENVER 21.50%
LAKEWOOD 12.50%
WHEAT RIDGE 8.50%
TOTAL 100.00%
•Funds secured under separate agreement.
Maximum
Contribution
$100,000
$15,000
$43,000
$25,000
$17.000
$200,000
FHAD
Contribution
$50,000
$50,000
Notwithstanding any other provision ofthis AGREEMENT, PARTIES' max.imum payment
obligation shall not exceed the financial commitments stated herein. PARTIES are not obligated to
execute an agreement or any amendments for any further services or costs beyond that specifically
described in this AGREEMENT. Any services performed or costs incurred beyond those set forth
herein are performed without authorization under this AGREEMENT.
DENVER'S payment obligation, whether direct or contingent, extends only to funds appropriated
annually by the Denver City Council, paid into the Treasury of DENVER, and encumbered for the
purpose of this AGREEMENT. DENVER does not by this AGREEMENT irrevocably pledge
present cash reserves for payment or performance in future fiscal years, and this AGREEMENT
does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial
obligation of DENVER.
7. MANAGEMENT OF FINANCES
Payment by DENVER of $43,000, by LAKEWOOD of $25,000, and by WHEAT RIDGE of
$17,000 shall be made to DISTRICT subsequent to execution ofthls AGREEMENT and within
thirty (30) calendar 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 PROJECT 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 PROJECT and
will not require an amendment to this AGREEMENT.
ln the event that it becomes necessary and advisable to change the scope of work to be performed,
the need for such changes shall first be discussed with PARTIES, and their general concurrence
received before issuance of any amendments or addenda No material changes to this scope of
PROJECT or changes that increase the PROJECT COSTS beyond the funds available in the
PROJECT fund shall be approved unless and until the additional funds needed are committed by
PARTIES by an amendment to this AGREEMENT.
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Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or dispersed, each PARTY shall receive a share of
such monies, which shares shall be computed in accordance with the percentage shares recited in
Paragraph 6 of this Agreement.
8. PROJECT MAPPfNG
No new mapping is anticipated under this AGREEMENT for PROJECT. Upon execution of this
AGREEMENT. PROJECT SPONSORS shall provide copies of the most recent mapping within
their jurisdictional area in digital format to DISTRICT to the extent such mapping is available
without additional cost.
9. MASTER PLANNlNG AND DFHAD
Upon execution of this AGREEMENT. PARTIES shall select an engineer mutually agreeable to
PARTIES. DISTRICT. with the approval of PROJECT SPONSORS, shall contract with the
selected engineer, shall administer the contract, and shall supervise and coordinate the planning for
the development of alternatives and of conceptual design.
I 0. PUBLISHED REPORTS AND PROJECf DATA
DISTRICT will provide PROJECT SPONSORS access to the draft and final electronic FHAD
report files and draft and final electronic report files.
Upon completion of PROJECT, electronic files of all mapping, drawings, and hydrologic and
hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to
PROJECT SPONSORS requesting such data.
11. TERM OF THE AGREEMENT
The term of this AGREEMENT shall commence upon final execution by all PARTlES and shall
terminate two (2) years after the final master planning report is delivered to DISTRICT and the
final accounting of funds on deposit at DlSTRICT is provided to all PARTIES pursuant to
Paragraph 7 herein.
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. CONTRACTfNG OFFICERS
A. The contracting officer for DENVER shall be the Executive Director of Public Works, 201
West Colfax A venue, Department 608, Denver, Colorado 80202.
B. The contracting officer for LAKEWOOD shall be the City Manager, 480 South Allison
Parkway, Lakewood, Colorado 80226.
C. The contracting officer for WHEAT RIDGE shall be the Director of Public Works, 7500
West 29tb Avenue, Wheat Ridge, Colorado 80033.
D. The contracting officer for DlSTRICT shall be the Executive Director, 2480 West 26lh
A venue, Suite I 56B, Denver, Colorado 802 I I.
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E. 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 DISTRJCT 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.
14. RESPONSIBILITIES OF PARTIES
DISTRlCT shall be responsible for coordinating with PROJECT SPONSORS the information
developed by the various consultants hired by DISTRICT and for obtaining all concurrences from
PROJECT SPONSORS needed to complete PROJECT in a timely manner. PROJECT
SPONSORS agree to review all draft reports and to provide comments within 21 calendar days
after the draft reports have been provided by DISTRICT to PROJECT SPONSORS. PROJECT
SPONSORS also agree to evaluate the alternatives presented in the alternatives analysis sections of
the repon, to select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar
days after the alternatives analysis report is provided to PROJECT SPONSORS by DISTRlCT.
15. AMENDMENTS
This AGREEMENT contains all of the terms agreed upon by and among PARTlES. 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 Jaw, such invalid or unenforceable
clause or provision shall not affect the validity of this AGREEMENT as a whole and all other
clauses or provisions shall be given full force and effect.
I 7. 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. Venue for any and all legal actions arising under this Agreement shall be in the
District Court in and for the County of Denver, State of Colorado.
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.
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19. BrNDING 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. TERMTNA TION OF AGREEMENT
This AGREEMENT may be terminated upon thirty (30) days' wrinen notice by any PARTY. but
only if there are no contingent, outstanding contracts. If there are contingent, outstanding
contracts, th.is AGREEMENT may only be terminated upon the cancellation of all contingent,
outstanding contracts. All costs associated "ith the cancellation of the contingent contracts shall
be shared between PARTlES in the same ratio(s) as were their contributions and subject to the
maximum amount of each party's contribution as set forth herein.
22. PUBLIC RELATIONS
It shall be at PROJECT SPONSORS' 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 an} event DISTRICT shall have no responsibility for a public relations program, but
shall assist PROJECT SPONSORS as needed and appropriate.
23. 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(§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or
otherwise available at law or equity.
24. NO DISCRIMTNA TrON 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 agree to insert the foregoing provision in all subcontracts hereunder.
25. APPROPRlA TIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
PROJECT SPONSORS and/or DISTRICT stated in thls AGREEMENT is subject to the
requirement of a prior appropriation of funds therefore by the appropriate governing body of
PROJECT SPONSORS and/or DISTRICT.
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26. NO THIRD PARTY BENEFICIARlES
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 PROJECT SPONSORS or DISTRICT
receiving services or benefits under this AGREEMENT shal l be deemed to be an incidental
beneficiary only.
27. ILLEGAL ALIENS
PARTIES agree that any public contract for services, as defined in C.R.S. § 8-17.5-101, executed
as a result of this AGREEMENT shall comply with the provisions ofC.R.S. § 8-17.5-101, et seq.
The following, or substantially similar, language shall be included in any 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
affirms that they have verified through participation in the Colorado Employment Verification
program established pursuant to §8-I 7.5-1 02(5)(c) C.R.S. or the Electronic Employment
Verification Program administered jointly by the United States Department of Homeland Security
and the Social Security Administration that Consultant or Contractor does not employ illegal
aliens.
Consultant or Contractor is prohibited from using these 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
performing work under this Agreement knowingly employs or contracts with an illegal alien, the
Consultant or Contractor shall be required to:
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. Terminate the subcontract with the subcontractor if within three days of receiving the notice
required the Subcontractor does not stop employing or contracting with the illegal alien;
except that the Consultant or Contractor shall not terminate 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
investigation the COLE is undenak.ing pursuant to its lega.l authority.
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Violation of this section of this AGREEMENT shaJJ constitute a breach of this AGREEMENT and
may result in tennination by PARTIES. Consultant or Contractor shall be liable to PARTIES for
actual and consequential damages to PARTIES resulting from such breach pursuant to §8-17.5-
1 0 I (3) C.R.S. PARTIES shall also report any such breach to the Office of the Secretary of State.
Consultant or Contractor acknowledges that COLE may investigate whether Consultant or
Contractor is complying with the provision of this AGREEMENT. This may include on-site
inspections and the review of documentation that proves the citizenship of any person performing
work under this AGREEMENT and any other reasonable steps necessary to detennine compliance
with the provisions of this section."
28. EXECUTlON TN COUNTERPARTS
This AGREEMENT shall be executed by PARTlES in counterparts and only upon execution of the
responsible counterparts by everyone listed herein shaH this AGREEMENT be treated as executed
by PARTIES.
29. ELECTRONlC SIGNA TVRES AND ELECTRONIC RECORDS
DISTRiCT consents to the use of electronic signatures by PARTrES. This AGREEMENT, and any
other documents requiring a signature hereunder, may be signed electronically by PARTIES in the
manner specified by PARTIES. PARTIES agree not to deny the legal effect or enforceability of this
AGREEMENT solely because it is in electronic fonn or because an electronic record was used in
its formation. PARTlES agree not to object to the admissibility of this AGREEMENT in the fonn
of an electronic record, or a paper copy of an electronic document, or a paper copy of a document
bearing an electronic signature, on the ground that it is an electronic record or electronic signature
or that it is not in its original fonn or is not an original. Notwithstanding the foregoing, nothing
herein shall obligate PARTIES to execute electronically either this AGREEMENT or any
subsequent documents requiring the signatures of PARTIES.
[REMAINDER OF PAGE TNTENTIONALL Y LEFT BLANK]
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Contract Control Number: PWADM-201525874-00
Contractor Name: Urban Drainage and Flood Control District
IN WITNESS WHEREOF. the part1es have set their hands and affixed th~ir seal~ at
Denver. Colorado as of
SEAL
ATTEST:
APPROVED AS TO FORM:
D. Scott Martinez. Attorney for the
City and County of Denver
By ____________________ _
CITY AND COUNTY OF DENVER
By ______________________ _
REGISTERED AND COUNTERSIGNED:
By ____________________ __
By ______________________ _
1111111111111111111111111111111111111111111111111111111111111111
CITY OF LAKEWOOD
(SEAL) By ______________________ __
ATTEST: Title City Manager
Date. _____________________ _
Margy Greer, City Clerk
APPROVED AS TO FORM:
Gregory D. Graham, Deputy City Attorney
APPROVED AS TO CONTENT:
Jay N. Hutchison, Director of Public Works
Larry Dorr, Director of Finance
(SEAL)
ATTEST:
N Date
c\lrk..
Contract Control Number: PWADM-201525874-00
Contractor Name: Urban Drainage and Flood Control District
~ Agreement No. 15-11.14
By:--------
Name: --------(please print)
Title: --------(please print}
ATTEST: I if required I
By: --------
Name: --------(please print)
Title: --------(please print)
1111111111111111111111111111111111111111111111111111111111111111
N W.E
s
EXHIBIT A
Sloans Lake Basin MOP & FHAD
Approximate Study Limits
November 2015
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