Loading...
HomeMy WebLinkAboutResolution-1998-1689 RESOLUTION NO, 1689 Series of 1998 TITLE. A RESOLUTION AUTHORIZING AN 1NTERGOVERJ"ij\lENTAL AGREEMENT WHEREAS, SectIon 14.2 of the Home Rule Chcrrter of the CltV of Wheat Rldrre - "" prOVides express authonty to enter IIlto intcrgm-erm11ental agreements prO\!ldmg for cooperative efforts between governments; and \VHEREAS, the annual runoff has been causlllg annual mallltenance and backwater problems resultmg III a portion of the \Vheat RIdge Green Belt Trail to become useless forcing users of saId trail to enter upon mumcipal streets and state highways near the confluence of Clear Creek WIth Lena Gulch, and WHEREAS, the resldentwl and commerctill propertIes III the vlclllity of the cont1ucnce are presently wlthm the 100 year flood plam; and WHEREAS, in response to a request from the CIty, the Urban Drainage and Flood Control Distnct has made available $25,000 of Capital deSign funds for design of the ultimate solution to the problem based on the Lower Clear Creek. Master Drainage Plan to contam the 100 year flood vvithin the banks of Clear Creek and provide a safe pedestrian crossing under Kipling Street; and WHEREAS, the utll1zatlOn of Capital flmds made aVilllable by the Urban Dramage and Flood Control DIstrict requires matchlllg funds fi'om the City of Wheat RIdge, and WHEREAS, suffiCIent funds are aVailable in the City's Capital Projects Fund, t\.liseellaneous Dralll<Jge Projects account to cover the CIty's matching share 01'$25,000; NOW, THEREFORE, BE IT RESOLVED that. Sec The mayor of the CIty of Wheat RIdge is hereby authonzed to execute an intergovernmental agreement WIth the Urban Drainage and Flood Control Distnct to deSIgn a solutIOn to the confluence of Clear Creek and Lena Gulch to proVIde for a contllluous trilll system and t100d control based on the Lower Clear Creek Master Plan dated October 1981 DONE AND RESOLVED THIS 9th day of November, 1998 (': \~/. \" t '( I' I . Gretchen Cerveny, Mayor ~ C :. J \ \ \ I I I '-i. ../~ IVY'-- Attest: .L.... AGREEMENT REGARDING PRELIMINARY DESIGN OF DRAINAGE AND FLOOD CONTROL Th-1PROVErv1ENTS FOR CLEAR CREEK AT KIPLING, CITY OF WHEAT RIDGE Agreement No 97-0904 THIS AGREEMENT, made this day of , 1998, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (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 flood pI am regulation measures; and WHEREAS, DISTRICT, CITY, Adams County and the City of Arvada cooperated m the preparation of the "Major Drainageway Planning Lower Clear Creek Phase B" by Wright- McLaughlin Engineers, dated October 1981 (hereinafter referred to as "PLAN"); and WHEREAS, DISTRICT and CITY desire to proceed with the preliminary design of drainage improvements for Clear Creek at Kipling; and WHEREAS, DISTRICT has adopted at a public hearing a Five- Year Capital Improvement Program (Resolution No 87, Series of 1997, as amended) for drainage and flood control facilities in which design of drainage and flood control improvements in the Clear Creek area of CITY was included; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for Calendar Year 1998 subsequent to public hearing (Resolution No 72, Series of 1997) which includes adequate funds for preliminary design of dramage and flood control improvements on Clear Creek in CITY, and WHEREAS, DISTRICT Board of Directors has authorized DISTRICT financial participation for the preliminary design of dramage and flood control improvements for Clear Creek at Kipling, City of Wheat Ridge (Resolution No 101, Series of 1998), 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 herem, the Parties hereto agree as follows. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of CITY and DISTRICT with respect to the design of drainage and flood control improvements in the Clear Creek at Kipling area of CITY and as defined herein. 2. SCOPE OF PROJECT The project will consist of the preliminary design of improvements along Clear Creek. SpecIfically, the preliminary design of facilities shall extend from downstream of the Lena Gulch confluence to upstream of KIpling (See ExhibIt A) 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 CITY and the property therein. d<slagreemnl\970904 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: I Preliminary design services. 2. Contingencies mutually agreeable to DISTRICT and CITY B, It is understood that project cost as defined above are not to exceed $50,000 for preliminary design without amendment to this Agreement. 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: TOTAL Participation $25,000 $25,000 $50,000 DISTRICT share CITY share 5 MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, 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 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 - $25,000; DISTRICT - $25,000) 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 10) A. Preliminary Design. The contracting Officers for DISTRICT and CITY, as defined under Paragraph 10 of this Agreement, shall select an engineer mutually agreeable to both parties. DISTRICT shall contract with selected engineer and shall supervise and coordinate the preliminary design subject to approval of the Contracting Officer for the CITY Payment for preliminary design shall be made by DISTRICT as the work progresses from the project fund established as set forth above. B Proiect Completion. 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. PRELIMINARY DESIGN This phase of the project will consist of preliminary design of improvements along Clear Creek. Specifically, the preliminary design shall extend along Clear Creek from downstream of the Lena Gulch confluence to upstream of Kipling Street using the deslagreemnl\970904 2 recommendations contained in the PLAN. 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 preliminary design. B Preparation of conceptual drawings, definition of required rights-of-way, and report. C. An estimate of probable construction costs of the work covered by the conceptual plans. D. The DISTRICT will provide any written work product by the engineer to the CITY. 7 FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of Clear Creek 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 Clear Creek 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. 8 TERM OF THE AGREEMENT The tenn of this Agreement shall commence upon final execution by all PARTIES and shall tenninate two years after the final payment is made to the Engineer and the final accounting of funds on deposit at the DISTRICT is provided to both PARTIES pursuant to Paragraph 5 herein, except for Paragraph 7. FLOODPLAIN REGULATION, which shall run in perpetuity. 9. 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. 10 CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Director of Public Works, City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, CO 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 pennitted 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 design undertaken pursuant to this Agreement. Each representative shall coordinate all design related issues between DISTRICT and CITY, shall attend all progress meetings, and shall be deslagreemnl\970904 3 responsible for providing all available project related file information to the engineer upon request by DISTRICT or CITY. Said representatives will be responsible to coordinate all approvals, authorizations, notices or concurrence required under this Agreement or any amendments or addenda to this Agreement. 11 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, 12. 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 shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 13. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 14. 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. 15. 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. 16 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. 17 TERMINA TroN 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. 18 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. 19 NO DTSCRIMTNA TION 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 dcslagreemnt\970904 4 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) By ATTEST: Title Executive Director Date CITY OF WHEAT RIDGE By deslagreemnl\970904 5 EXInDlT A \J " \.J' \l' \ rJ [] . I 11 INNEL I' , " jO. t" ROAO , J II ~ I" III "LOW WA,TER CftOSS1HG _ ~ (l I 'i'Yl [_I tlfSrRt:~1.t Of I EllA I (el of) .11 _GULCHCO/lmOL"'- I ('\ "--STRUCTURE....' i5 ~i"'! ~ j ,\ Cl /f'.50C.-i l") ill I::J(') rJl [I i.' L_ .....:.'- _~_ ~:-=_: . _.Jr.\;',,_ ~ ,-- t'I' Ol-:::'l ~I n[1 I 1~, n '~:I ~; ij-.IS 10 fll~ j I \J II. I -. ,n i: .Il I " . n [J ,I \ ' i r I zoo 100 0 200 .~ I:k) ~ 100 ..00 - ORIGI/lAL SCALE ,". 200' :tlNEL (STA 544>00) 5+00 ~ '.'\\, . IMPROVEO CHANNEL CotlOlTIONSn STA ~40>OO TO STA ~~9'OO _ j DESIGN DISCHARGE '4. ~OO CFS I AVG. CHANNEL VELOCITY 110 FPS 102 71 CFS FPS FT - ~...~ ~ ~-- ., I '. . _~. ; I .~ ~_ ) III,.~ o. UABAN ORAINAGE AND FLOOD CONTROL DISTRICT BQUNO....RY OOuGL.J.S \ \ o , 10 r------ $w.... ~... VICINITY MAP c1rcll19g ~ /;; -' j ~ ~ ? c " r Cl : ~ ~_ H @; ~ ~ r ~ i f' NO: ~ ~~~~ r.; r- t ~ . " :~:~ , "".... <;' ~ ;'; ~ ~$0g ~t3t ?~01 I ~~m ~r1"~ ~~1 l B os ~ >~O" 2n~~ r~'~; ,. g r ~ o o c Z ~ ~ C :0 rn l> z 0 :0 l> Z l> G) [T1 ~ ;; l> Z 0 'Tl 8 0 (') ~ ., 0 0 z ;i:l 0 r 0 Ui ~ ~ <> ~~ ..., o 'l o ~ ,. ~ ;; o ,. l> o 'l o ~ " I ~ ,. ~ ~ o Q ~ ~ lu " 0 ~ I E <> 0 r ~ [T1 0 l> ~ :0 Z ,. Q ~ (') " ,. :0 ~ [T1 ~ [T1 r ,. ^ Z Z Z Q ~ o. t~ ~a Zm Z~ ~~ r ~ ~5 ~-, ~ g ~~ ):vr'l ___:ti _ ~ 0 ~I~~i- (/1 ~ 0~_%>>] N~m ~~~~ ~- ~ ~~b~ ; ~ ~~o~ ~ ~ ::o:P %>> C ~~d~ ~ 5 S VI ~ I :tI S~~n e -< \SI. 0 0 o~z O~o w- . -; o g~ ~o ~ ~ ~ '",l} EXHIBIT A ill I (J}CD()U1Z CfTlD::r:O CD Zm-i LcnmfTI rl'J(JlfTl-l Of"l11) ...... ......O--i:vr dd~~U; ::or::tlo o "'~ Ior'lUll> ~~~~~ G) III Z. -~ Z. m-lrrlzG) ~rrlC>- o~ III -',z"1J1:>- 6G'l~i:: Z r,. -u=ii~ c -~ ~~~~ QP::U"ll fJlr-<r ~r ,. ~ "Z , zzz 00- -; Z Q + I \1 \ I ~Iir ~\: I~, I 'I I ~ t , o o I -!- , I tf.I'--l:'lJ1?J O;U or- ~~'1~'0 r~ r ~3:~~ i:l~\'l::~. 'z;:o ~: Jor 0; rh1rN ~Ui-I~~ "a, ""l'l b3rb "-I,,' :t ~i i niT I, I I ''',' ! ' ~ I---li~ " I" i 01 -l' 0 + (l 0 r 0 "' P :0 ..., 0 " :0 '" O"l e. 0 '" 0 + 0 0 ~ . 0 0 .~ -ljl"(I) "\'1' I ~ Sg 1\\': I \\\ \ 'f\ ~ \ ~. 5J. 'I \ ,I I \, . \D~~ c--< ) . ~~ "\ \ 3\l\'1~ - " ~~ ~-- ': .' < 1 \i'ha~ ~-\-'~- -~--=- '- I n ':0. l'\\\ 33s32-i1 :>;,~-, I, -~ ~;", ',1\')'\\ ~\I'O' (10. \," '\ .~-_.. ",:Jl n 28 <' , 11,,\\ \\\ "'. 1 /'. 5;S;~~ ~~ 1)'1 \1 ~ 1'1 __1\'~ \\\ ,,) \ 1, ^~ ~~ ~~ \'~\\' '\.;,' \~ 'I ~ -{;u ''I" ,.1'\ i '~'\ \':.\\ I~ g \ I~:. 'll '. \ '\ ,. \~ '~~ .---'=- " 7:1: 'T"'\~~3 ,\\ \ ,IX ~; \"(" \;;;.5d....;~ i~~\\\ 1 \ l"~ll -00 . J: iJ,O)~r I ' ~\l S : ~ ~l"1:E.. I 11\ {\\,} <-t P1~ Z \1 I g';~ ~ '~..... /(.\\, ( ) Ul III oZ ,Z l:t\ ~. ,l-I I f ,'~\, < - --\1 a~ p "'. \~\ ~-;1\' i" I \" I I . ,- I' ""I, q';: I~ 'I h1 . \ I 1 ~~ {! I "I' !~rT71I:' ,"~II" :\.. ..':;rrll r,J rll w. \ I ( g 'I \' ::t::l:I ,-Ill) 1ll,~:;U 0 ~-! \ ~ /,,, -rrl t!lf r;"_rn- ;' ~ ~ g~) '~~\\;~ ~\ 'lr ,\ t /rlCA l <"\ lJl [ ) (~~ 11 00+ 21'1 o 0 -1M ~ ./' ,,\j ~-' \ i ~ \ ,); L U . I 2 ~ ~~ ~~!II' 'I \, .\ .JI\I ",' I~( \ ' lli ,,' ~~ d~ l ~ ~ 8~l ~l 1( ~~ if ,,1 ,I I _~fJl ~K~ I ' l ~ 3~J) ',.\\\~ \\ i ~~~\\~:~,,, ,., ',\' ll.~f~;;: r _ C L 11~1~\ rr1l>o -<I ~15 <;;) i (") -I ()l I 0;:0 I I Jil ~ ;QrO 1__ t :i.: C .;0- ~ t;i~fl~'~"i.\',.\ }~0 ,'Ii \ 'i ~ ;; c',~ mLJ I",' \...r <L)~ II \ '\ I ~ Vl 0 ; 11,:-'0:;-, / ./" >::\~~r~:kl\ I ,[I ' ' "lI ~o I (, } \\ ~ \\ ~ I ,\ ~ ;: , i - :: II " \I,~t! fJ ; ~ J( ,( " I: ' ~~ '--^',\~, (-<' J "~I ,,,,~ \. . g ::,;'"~\.~."- ' , .' 'i ~<ii"., : ~fl1;; t~.' ( i' ~Tj~i ,"~ ,z ,l ~ ~Al~~ 'l ',' l~ {" ~i "0 I-J..',fT1 LJ' ["J - g p~~' _/I'>.;~)\l E~~ .t.. l ? 8S"-:.' , / ! I " '. ;1~" \' ',\i 1 '~ 2::.1' ( \,; \( \ I ~!i! "1-<) r ,:,,f; <(r;nll' o \-' (5 I l "J t 1ft5 '; 0 ;;:<!_1~' z, .1 \j :(' " ,iiQ i ) ~~80'I~f\;g,),(, . ~[I / \ ~I i! '1l ~~ni -----,., - ~~ I '- i '~J.; ~:'< J ' !~;~, II\~;~~' - .l ,.; "~;tt' li.")\ ,\\1: ( 0<-;0 ZM"!\~I I"" , U, Zr<1rrl() o::o,'\'tl ~ If'0 (/;: ~"Vl ;:u '-'10::0 51 ~~.. 'J /, : ,I,.,) ~ { & l>J~ o]~ \ ~JJ 0, \ 1 I.. I ( Ol:t:::o ~a ,rTl ~~\)YH,,~, II' j,- ). / ~'"o ;;oll;;'~ I 0\.--<';' I .. I --1 _._/ + ^"lI .-{-< 0 Fl /''.;.J;;! .,..... .. "-~f:, OVl~ 2m n'l :<JrT]i)I,,(/..~~..." _< / (r()l.~ \r1lEQ o3~ Gl~ ~~ S~ \ :~It ~~ ~'~]:l. .~~~~ I g~--~5 ~~ Sti \ \~ ..~ ~)~] (i, (~Ix,~' \0 Z~! ~~ ::.!gll,gL ~-llJrf1 l~r()~~l ~l Ii' *'\ \1~,~~)1 ~ ~~Zi a~ 8~ j ~~ '~~ I f~V\ '1lo: 7>~1 I Ir w~ "B ~~~ffi~ ~l\ 1~;~ \. /. ~ ~ x . ! ,I ) II~~[; ~m ~"'I ,l jg!l;j~r l "I \\ m'" ~p , "',\ 0,. , i' \\\[ ~ ~~ \ ~~l;~ \ \ \ ;>;; ~-_~( _ ~~. d~ '~\ I. !.'. InB Z(/J~l> J l' I f It~l (J) -IMZ , '\ i, ., [{, ~~ag' I ,:lg ! n n I] ILl ,f ; m ~. N '" 0, ~ ~ ""I j l '/i )i ,'1 (t! I ~ 1.' ,: 1\ " ",,,7 ~~~ 21T1Gl G)j-l.n ("\U\~ I J: -~~ \~~~j Zen ~5~ ';u ;%) ~g~ ~ []'~~~ \ \ i:6 ~ ~~U! _~L :1~~-~_ O~f5 <111 -j tOO I l=JnO on u[ ~~--j~111 '-0 ~ r~2S ~ \ :::J~~ \ - - - ~ ~ ~ ;-r ~ 8 - ,mr-,.)J (J \Cb O['~I rrCl<r~[,1c'1 IIII, 11 t ox] 1 \ '~J 0 00 ~ - I ! r J (LJ l'i C-I[~lL ][,]!1 Drll !' ~ 0 1):1 (Id" ~~HI"J (1 '1,1;, cirl' QCJ nn n J p, .. I "rJ ' . i. Ii' n o. g::]L::'_) ('::j, I j,,* -..' ',\ ~r:;31.-1) i 1 .<;.; .~ \\. \ I I", \ ;'iJ~1 [;' Ii , Ji, . '_I .., __ -.___ ,_m.