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HomeMy WebLinkAboutResolution-1994-1406 RESOLUTION NO. 1406 SERIES 1994 TITLE: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT; "AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE ACCESS IMPROVEMENTS FOR LENA GULCH AT LEWIS MEADOWS PARK", AGREEMENT NO. 94-05.01 WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT. WHEREAS, the city of Wheat Ridge has budgeted the project to construct park improvements for Lewis Meadows Park in 1994; and WHEREAS, the improvements will include maintenance access along Lena Gulch for the Urban Drainage and Flood Control district; and WHEREAS, the City of Wheat Ridge desires to fund these improvements jointly with Urban Drainage and Flood Control District. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY COUNCIL THAT: The Mayor and City Clerk be authorized to sign the intergovernmental agreement between the City of Wheat Ridge and the Urban Drainage and Flood Control District; "Agreement Regarding Design and Construction of Maintenance Access Improvements for Lena Gulch at Lewis Meadows Park", Agreement No 94-05.01. DONE AND RESOLVED THIS 23rd DAY OF May 1994. ~~ Dan wilde, Mayor ATTEST: CJ~ ' \ Wanda Sang, city Clerk AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE ACCESS IMPROVEMENTS FOR LENA GULCH AT LEWIS MEADOWS PARK Agreement No. 94-05.01 THIS AGREEMENT, made this {- J I : day of -''1-1 i.. '-0- ~, 1994, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter calIed "DISTRICT") and the City of WHEAT RIDGE (hereinafter calIed "CITY"); 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, DISTRICT, CITY, City of Golden, City of Lakewood and Jefferson County conducted a joint planning effort for Lena Gulch by Wright McLaughlin Engineers, dated June, 1975 (hereinafter calIed "PLAN"); and WHEREAS, DISTRICT and CITY now desire to proceed with the design and construction of maintenance access improvements to Lena Gulch at Lewis Meadows Park; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 66, Series of 1993) for drainage and flood control facilities in which design and construction of maintenance access improvements in the Lena Gulch area of CITY was included in the 1994 Calendar Year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for Calendar Year 1994 subsequent to public hearing (Resolution No. 47, Series of 1993) which includes funds for design and construction of maintenance access improvements on Lena Gulch in CITY; and WHEREAS, DISTRICT Board has authorized DISTRICT financial participation for design and construction of maintenance access improvements on Lena Gulch in CITY (Resolution No. 23, Series of 1994); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, alI of the project cost of the respective Parties. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereto agree as folIows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of CITY and DISTRICT with respect to the design and construction of maintenance access improvements in the Lena Gulch at Lewis Meadows Park area of CITY and as defined herein. 2. SCOPE OF PROJECT Final Design and Construction. The project will consist of the final design and construction of maintenance access improvements, in accordance with the recommendations defined in the PLAN, as part of the CITY's Lewis Meadows Park Improvements. SpecificalIy, the final design and construction of facilities shalI extend from Swadley Street to Union Street. 3. PUBLIC NECESSITY CITY and DISTRICT 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 the property therein. 05/18/94 1 4. PROJECT COSTS A. Definition of Proiect Costs. DISTRICT and CITY agree that for the purposes of this Agreement, project costs for the scope, as defined in Paragraph 2. above, shaH consist of, and be limited to, final design, construction and construction related services for the drainage and flood control portions of the project. This includes, but not limited to, consultant design services, the construction contract to the lowest responsible bidder, construction engineering, traffic control, and utility relocations. B. Estimated Proiect Costs. The estimated costs associated with the project as defined above are as follows: 1. Final Design $ 14,400 2. Construction $ 95.850 Total $ 110,250 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. 5. ALLOCATION OF COSTS AND FINANCIAL COMMITMENTS OF DISTRICT AND CITY DISTRICT and CITY shall each contribute the following percentages and maximum amounts for elements of project as defined in Sections 2 and 4 of this Agreement: Percentage Share Maximum Contribution DISTRICT 31.75% $35,000 CITY 68.25% $75,250 In accordance with Resolution No. II, 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, Impact Assistance Funds or such similar discretionary programs as approved by the DISTRICT's Board may be considered as and applied toward CITY's share of improvement costs. The DISTRICT, upon presentation of a billing by the CITY for work accomplished, shall remit within 30 days 31. 75 % of that portion of the billing attributed to channel improvements on Lena Gulch to the CITY up to a maximum amount of $35,000 plus interest accumulated on the DISTRICT's share of funds. 6. FINAL DESIGN DISTRICT and CITY agree that the final design prepared by DISTRICT and CITY approved consultant will be used to construct the improvements on Lena Gulch at Lewis Meadows Park. Any changes to the final design, as desired or authorized by DISTRICT and CITY, will require the approval of DISTRICT and CITY. 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE CITY shall own all property required to construct the project described in Section 2 of this Agreement and shall be responsible for maintenance of same. The properties required in order for the CITY to construct this project for this Agreement shall not be used for any purpose that will diminish or preclude its use 05/18/94 2 for flood control purposes. CITY may not dispose of or change the use of the properties so acquired or upon which the project is constructed and/or modify, alter or remove the storm drainage improvements without approval of the DISTRICT. If, in the future, the CITY disposes of any portion of or all of the properties 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 the CITY has not obtained the written approval of the DISTRICT prior to such action, the CITY shall take any and all action necessary 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 the CITY's sole expense. In the event the CITY breaches the terms and provisions of this Paragraph 7. and does not voluntarily cure as set forth above, the DISTRICT shall have the right to pursue a claim against the CITY for specific performance of this portion of the Agreement. 8. MANAGEMENT OF CONSTRUCTION A. The DISTRICT and CITY agree that CITY, with the assistance of DISTRICT, shall be responsible for the administration of the final design as provided herein. DISTRICT shall work with CITY and provide CITY the assistance needed to accomplish final design. B. The DISTRICT and CITY agree that CITY, with the assistance of DISTRICT, shall be responsible for the administration of the construction related work as provided herein. DISTRICT shall work with CITY and provide CITY the assistance needed to accomplish construction. C. CITY, with assistance and approval of DISTRICT, will advertise for construction bids, conduct a formal bid opening, prepare formal construction contract documents, and award construction contracts with approval of DISTRICT. Copies of the Contract shall be provided to the DISTRICT. D. CITY shall require the Contractor to provide adequate liability insurance that includes the DISTRICT. The Contractor shall be required to indemnify the DISTRICT. Copies of the insurance coverage shall be provided the DISTRICT. E. CITY, with assistance of DISTRICT, will coordinate field surveying, staking, inspection, testing and engineering as required to construct the proposed drainage improvements. CITY, with assistance of DISTRICT, will assure that construction is performed in accordance with approved plans and specifications and will accurately record the quantities and costs relative thereto. F. CITY will provide the DISTRICT on a weekly basis with copies of daily inspection reports and on a monthly basis with a copy of the partial payment request. G. DISTRICT shall have access to the site during construction at all times to observe the process of work and conformance to plans and specifications. Any communication concerning the construction shall be to CITY. In no case shall DISTRICT personnel give any directions to the contractor. 05/18/94 3 H. CITY, with DISTRICT concurrence, will prepare and issue all written change or work orders to the contract documents. I. DISTRICT and CITY shall jointly conduct a final inspection of completed improvements and concur in the completion of the project. J. CITY will provide DISTRICT a set of mylar reproducible "as constructed" drawings. 9. CHANGE ORDERS In the event that, in the prosecution of the work under the construction contract(s), it becomes necessary or advisable to change the scope or detail of the work to be performed under the contract(s), a change order must be processed. Such change order shaH be approved in writing by ~ Contracting Officer as defined in Paragraph 15. 10. MAINTENANCE The parties agree that CITY shall own and be responsible for maintenance of the completed improvements acquired by virtue of this Agreement. The parties further agree that DISTRICT shall 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; keeping culverts free of debris and sediment; repairing drainage and flood control structures such as drop structures, and energy dissipators; 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 the floodplain of Lena Gulch within the CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. The 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 Lena Gulch within the CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, the DISTRICT may exercise its power to do so and CITY shall cooperate fully. 12. TERM OF THE AGREEMENT The term of this Agreement shall commence upon final execution by all parties and shall terminate two years after the final payment is made to the construction contractor and the final accounting of funds on deposit at the DISTRICT is provided to CITY and DISTRICT pursuant to Section 5 herein, except for Section 11. FLOODPLAIN REGULATION, Section 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE and Section 10. MAINTENANCE which shall run in perpetuity. 05/18/94 4 13. 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. 14. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Director of Parks and Recreation, City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033. B. The contracting officer for the DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 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 parties at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. D. The Contracting Officers for DISTRICT and CITY each agree to designate and assign a project representative to act on the behalf of said DISTRICT and CITY in all matters related to the designs and construction undertaken pursuant to this Agreement. Each representative shall coordinate all design and construction related issues between DISTRICT and CITY, 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 will have the authority for all approvals, authorizations, notices or concurrences required under this Agreement or any amendments or addenda to this Agreement unless specifically authorized to do so by CITY or DISTRICT. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among DISTRICT and CITY. Any amendments or modifications to this Agreement shall be reduced to writing and executed by the 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 clause or provision shaH 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. 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 to this Agreement. 05/18/94 5 19. BINDING EFFECT The provisions of this Agreement shall bind and sha1l inure to the benefit of the parties hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY The 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 statutes of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated in writing by any of the Parties, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon mutual agreement of all Parties and only upon the cance1lation of all contingent, outstanding contracts. All costs associated with the cance1lation of the contingent contracts shall be shared between the two Parties, according to the percentages (DISTRICT 31.75 %; CITY 68.25 %) origina1ly set forth herein. 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 the project area as to the purpose of the proposed facilities and what impact it may have on them. Technical and final design recommendations shall be presented to the public by the selected design engineer. In any event the 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, CITY and DISTRICT 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, creed, color, religion, sex, age, national origin or ancestry and further agree to insert the foregoing provision in all subcontracts hereunder. WHEREFORE, the Parties hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (SEAL) i ~. / ._._ I, By 7\/ fl.-.1t .' t/ lL......... ! ATTEST: A ,i J...,.. ,. , //I/';Ir //0';/1 , Title Executive Director Date . "h/c;J)/ 05118/94 6 (SEAL) A TIEST: 0,' \ I ' !\I\'~ ~\ (,,-_ , ,..~j " Wanda Sang City Clerk /"~~', I' ..' <:' ; ',....... ~ , ~ J"\ " , ,"'" : ....~ t \,. ~."I!> ~ . , \. ' >,."~ 1 l" ...; '~",,~....,_ 4;-... i" '- r, ->-,-~ )./ :....</ I" ,-'J; ...<...i.~,/ ----.," ---'" < '\~J .' \ j '" '.: \ .~\ APPROVED AS TO FORM: ~d.J,hMdO~ Kathryn chrQ(ler City Attorney 05/18/94 v 7 CITY OF WHEAT RIDGE By ~~ Dan Wilde Title Mayor Date /),1 <,..(,} , / ')/. I'" 't '7 ~ -~ ;- AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF MAINTENANCE ACCESS IMPROVEMENTS FOR LENA GULCH AT LEWIS MEADOWS PARK Agreement No. 94-05.01 THIS AGREEMENT, made this (. 11 , day of -')It ,-"-..c: _, 1994, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and the City of WHEAT RIDGE (hereinafter called "CITY"); 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, DISTRICT, CITY, City of Golden, City of Lakewood and Jefferson County conducted a joint planning effort for Lena Gulch by Wright McLaughlin Engineers, dated June, 1975 (hereinafter called "PLAN"); and WHEREAS, DISTRICT and CITY now desire to proceed with the design and construction of maintenance access improvements to Lena Gulch at Lewis Meadows Park; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 66, Series of 1993) for drainage and flood control facilities in which design and construction of maintenance access improvements in the Lena Gulch area of CITY was included in the 1994 Calendar Year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for Calendar Year 1994 subsequent to public hearing (Resolution No. 47, Series of 1993) which includes funds for design and construction of maintenance access improvements on Lena Gulch in CITY; and WHEREAS, DISTRICT Board has authorized DISTRICT financial participation for design and construction of maintenance access improvements on Lena Gulch in CITY (Resolution No. 23, Series of 1994); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of the project cost of the respective Parties. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of CITY and DISTRICT with respect to the design and construction of maintenance access improvements in the Lena Gulch at Lewis Meadows Park area of CITY and as defined herein. 2. SCOPE OF PROJECT Final Design and Construction. The project will consist of the final design and construction of maintenance access improvements, in accordance with the