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.