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HomeMy WebLinkAboutResolution-1995-1485 RESOLUTION NO. 1485 Series of 1995 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WHEREAS, section 14.2 of the City of Wheat Ridge provides express intergovernmental agreements providing between governments; and Home Rule Charter of the authority to enter into for cooperative efforts WHEREAS, the recent continuous rainfall for 16 days caused flooding in Lena Gulch and concomitant flood damage downstream of the Maple Grove Reservoir; and WHEREAS, In response to a request from the city, the Urban Drainage and Flood Control District has made available $110,000 of Capital funds and $100,000 of Maintenance funds for permanent improvements to Lena Gulch; and WHEREAS, The utilization of Capital funds made available by the Urban Drainage and Flood Control District requires matching funds from the city of Wheat Ridge, City of Lakewood, and the Consolidated Mutual Water Company; and WHEREAS, Sufficient funds are available in the City's Capital Projects Fund, Unallocated Fund Balance to cover the City's matching share of the permanent improvements. NOW, THEREFORE, BE IT RESOLVED that: Sec. 1. The Mayor of the City of Wheat Ridge is hereby authorized to execute an intergovernmental agreement with the Urban Drainage and Flood Control District, the city of Lakewood, and the Consolidated Mutual Water Company to replace the drop structure and construct related repairs and improvements to Lena Gulch near 29th and Vivian Street. DONE AND RESOLVED THIS 11th day of September, 1995 b",- [u'~.t ~tc Dan wilde, Mayor ATTEST: , ' )) .elL ,L _ '; &~- wanda Sang, city Cl~~ B. Right-of-Way Delineation and Acquisition. Right-of-way for the improvements as set forth in the final design which are not now in public ownership and an estimate of costs for acquisition shall be determined. Maps, parcel descriptions and parcel plats shall also be prepared. C. Construction. The project will include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design and known as Lena Gulch Schedule V. 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. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. CITY and DISTRICT agree that for the purposes of this Agreement project costs shall consist of and be limited to the following: 1. Design modification. 2. Delineation, description and acquisition of required rights-of-way/ easements. 3. Construction of improvements. 4. Contingencies mutually agreeable to DISTRICT and CITY. B. It is understood that project cost as defined above are not to exceed $280,000 for design modifications, right-of-way acquisition, and construction without amendment to this Agreement. Project costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Design Modifications $30,000 2. Right-of-way 2,500 3. Construction 225,000 4. Contingency 22.500 Grand Total $280,000 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. C. DISTRICT shall contribute 50% of project cost and CITY shall contribute 50% of project costs. Based on total project costs, the maximum cost to each Party shall be: Particioation DISTRICT share $]40,000 CITY share $]40,000 TOTAL $280,000 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. I], Series of 1973 and Resolution No. 49, Series of 1977), the cost sharing shall be after subtracting state, federal, or other sources of funding from third PARTIES. However, monies CITY may receive from Federal funds, the Federal Revenue Sharing Program, the Federal Community Development Program, or such similar discretionary programs OS/23/95 2 as approved by the DISTRICT's Board may be considered as and applied toward CITY's share of improvement costs. Payment of each party's full share (CITY - $140,000; DISTRICT - $140,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by DISTRICT and CITY shall be held by DISTRICT in a special fund to pay for increments of the project as authorized by DISTRICT and CITY, 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 DISTRICT and CITY shall be accrued to the special fund established by DISTRICT for this project and such interest shall be used only for this project upon approval by the Contracting Officers (Paragraph 13). In the event that upon completion of the project, 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 (DISTRICT 50%; CITY 50%) within one year of completion of the project. 6. DESIGN MODIFICATIONS The contracting officers for DISTRICT and CITY, 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 design modifications including right-of-way delineation subject to approval of the Contracting Officer for the CITY. Payment for design modifications shall be made by DISTRICT as the work progresses from the project fund established as set forth above. This phase of the project will consist of design modifications of improvements in accordance with the recommendations defined in the PLAN. Specifically, the final design shall extend from approximately Station 63+50 to approximately Station 69+50. The project shall consist of, but not be limited to, the following: A. A work plan schedule identifying the timing of major elements in the design modifications. B. Delineation of required right-of-way/easements not now in public ownership and estimate of probable cost of right-of-way. C. Preparation of detailed bid package of construction drawings and specifications. D. An estimate of probable construction costs of the work covered by the plans and specifications. E. Preparation of an appropriate construction schedule. F. The DISTRICT will provide any written work product by the engineer to the CITY. 7. RIGHT-OF-W A Y 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 CITY and DISTRICT 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 cost. Right-of-way acquisition shall be in accordance with DISTRICT policy 05/24/95 3 attached hereto as Exhibit B. Within Exhibit B, references to purchasing agency will be references to CITY. In reference to Paragraph 1.d. and 2.d. of Exhibit B, the Purchasing Agency shall pay the reasonable costs of the property owners appraisal only when the Purchasing Agency's appraisal is $5,000 or greater. DISTRICT shall serve as the paying agency. A. Coordination of Right-of-Way Acquisition. Cost sharing by CITY and DISTRICT 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 CITY and DISTRICT to be needed for the drainage and flood control portions of the project. Request for such approval shall include appraisals of property, legal description of the property, and other information deemed appropriate to the acquisition by the PARTIES to this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of DISTRICT. B. Payment for Ri~ht-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 will make payment within 30 days of receipt of request accompanied by the information set forth above. C. Ownership of Property and Limitation of Use. CITY shall own the property either in fee or non-revocable easement and shall be responsible for same. It is specifical1y understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which the Lena Gulch Schedule V project is constructed shall not be used for any purpose that will diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties without approval of the DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired 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 CITY has not obtained the written approval of the DISTRICT, prior to such action, 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 CITY's sole expense. In the event CITY breaches the terms and provisions of this Paragraph 7.C. and does not voluntarily cure as set forth above, the DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. CITY and DISTRICT shall, prior to the recording by CITY of any document transferring title or another interest to property acquired pursuant to this Agreement to CITY, execute a memorandum of this Agreement (Exhibit C), OS/23/95 4 specifically a verbatim transcript of Paragraph 7.C. Ownership of Property and Limitation of Use of this Agreement 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 Jefferson County immediately following the recording of the document transferring title or another interest to CITY. 8. MANAGEMENT OF CONSTRUCTION A. 1&ili. Construction costs shall consist of construction costs as incurred by the lowest acceptable bidder(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Mana~ement and Payment 1. The PARTIES agree that DISTRICT, with the assistance of CITY shall be responsible for the administration of the construction related work as provided herein. CITY shall work with DISTRICT and provide DISTRICT the assistance needed to accomplish construction. 2. DISTRICT, with assistance and approval of CITY, will advertise for construction bids, conduct a bid opening, prepare construction contract documents, and award construction contract(s) with approval of CITY. 3. DISTRICT, with assistance of CITY, will coordinate field surveying, staking, inspection, testing, acquisition of right-of-way, and engineering as required to construct the proposed drainage improvements. DISTRICT, with assistance of CITY, will assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and will accurately record the quantities and costs relative thereto. Copies of all inspection reports will be furnished to CITY on a weekly basis. DISTRICT will retain an Engineer to perform all or a part of these duties. 4. DISTRICT, with approval of CITY, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum preparation, survey control points, explanatory sketches, revisions of contract drawings, shop drawing review, as-constructed drawing, weekly inspection of work and final inspection. 5. DISTRICT and CITY 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. 6. DISTRICT will review and approve contractor billings and send them to CITY for approval. DISTRICT will remit payment to contractor based on billings approved by CITY and DISTRICT. 7. DISTRICT, with assistance and written concurrence by CITY, will prepare and issue all written change or work orders to the contract documents. 8. DISTRICT and CITY shall jointly conduct a final inspection and accept or reject the completed facilities in accordance with the contract documents. OS/23/95 5 9. DISTRICT will provide CITY a set of mylar reproducible "as constructed" drawings. C. Construction Change Orders. In the event that in the prosecution of the work under construction contract(s), 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 including interest earned on those funds, in the project fund unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 9. MAINTENANCE The PARTIES agree that CITY shall own and be responsible for maintenance of the completed facilities and rights-of-way upon which the project is built. The parties further agree that DISTRICT 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 the project. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to 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 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 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. 11. 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 Contractor and the final accounting of funds on deposit at the DISTRICT is provided to both 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. OS/23/95 6 13. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shaIl be the Director of Public Works, City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. B. The contracting officer for the DISTRICT shaIl be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 8021l. 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 personaIly 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 personaIly 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 shaIl 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. 14. AMENDMENTS This Agreement contains all of the terms agreed upon by and among DISTRICT and CITY. Any amendments or modifications to this Agreement shaIl be reduced to writing and executed by the PARTIES hereto to be valid and binding. 15. SEVERABILITY If any clause or provision herein contained shaIl 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 shall not affect the validity of the Agreement as a whole and all other clauses or provisions shaIl be given fuIl force and effect. 16. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions arising under the Agreement shall lie in the District Court in and for the COUNTY of Jefferson, State of Colorado. 17. 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. 18. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of the PARTIES hereto and to their respective successors and permitted assigns. OS/24/95 7 19. 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. 20. 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 cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between the two PARTIES, according to the percentages (DISTRICT 50%; CITY 50%) originally set forth herein. 21. 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. 22. 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. 23. NON-APPROPRIATION Notwithstanding any other term, condition, or provision herein, each and every obligation of the CITY and/or DISTRICT stated in this Agreement is contingent upon a prior appropriation of funds by the governing bodies of the CITY and the DISTRICT. WHEREFORE, the PARTIES hereto have caused this instrument to be ex.ecuted by properly authorized signatories as of the date and year first above written. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (SEAL) By ~J~Tt ~L~ A TrEST' ~gJ~1 Title Executive Director Date '11/4/0, ') , OS/23/95 8 (SEAL) OS/23/95 CITY OF WHEAT RIDGE By Title Date 9 ~~ ~ 7/,,/Qr AGREEMENT REGARDING DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LENA GULCH SCHEDULE V, CITY OF WHEAT RIDGE Agreement No. 95-05.09 Exhibit A o --l W iZ Cl z :;:) o >- WHEAT RIDGE 8 .-: 1II Cl z :J !!: :.: VICINITY MAP: CITY OF WHEAT RIDGE, COLORADO o -- IIlOICAIU uu ...... .. lou.rlOI MA' URBAN OAAINAGE ANQ FLOOD CONTROl OISTRICT IUO ~ ,.COf BOUNDARy GENER AL LOCATION MAP OS/23/95 10 AGREEMENT REGARDING DESIGN, RIGHT-OF-WAY ACQUISmON AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LENA GULCH SCHEDULE V, CITY OF WHEAT RIDGE UDFCD Agreement No. 95-05.09 THIS AGREEMENT, made this I 4+~\ day of ']\, ~ ' 1995, by and between the URBAN DRAINAGE AND FLOOD CONTROL DIS ICT (hereinafter called "DISTRICT") and the CITY OF WHEAT RIDGE (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, DISTRICT and CITY have conducted a joint effort for final design and delineation of required right-of-way for flood control improvements on Lena Gulch within CITY (Agreement No. 77-3.3), dated March 15, 1977 (hereinafter called "PLAN"); and WHEREAS, DISTRICT and CITY have constructed Schedules I, II, III, IV and the first phase of Schedule V; and WHEREAS, DISTRICT and CITY now desire to proceed with the construction of improvements to the next phase of Lena Gulch Schedule V within CITY; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 63, Series of 1994) for drainage and flood control facilities in which construction of flood control improvements in the Lena Gulch area of CITY was included; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for Calendar Year 1995 subsequent to public hearing (Resolution No. 55, Series of 1994) which includes funds for design, right-of-way acquisition and construction of flood control improvements on Lena Gulch Schedule V in CITY; and WHEREAS, DISTRICT Board has authorized DISTRICT financial participation for design, right-of-way acquisition and construction of flood control improvements on Lena Gulch Schedule V in CITY (Resolution No. 29, Series of 1995); 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 responsibiiities and financial commitments of CITY and DISTRICT with respect to the design, right-of-way acquisition and construction of flood control improvements in the Lena Gulch Schedule V area of CITY and as defined herein. 2. SCOPE OF PROJECT A. Final Desien. The project will consist of design modifications and preparation of a bid package for improvements in accordance with the recommendations defined in the "PLAN" prepared by Wright McLaughlin Engineers, dated June, 1981. Specifically, the final design of facilities shall extend from approximately Station 63+50 to Station 69+50 as shown on Exhibit A. 06/29/95 1