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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 ......c:~~. City Clerk Ot p ... "-~ 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: 2 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. 3 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. 4 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. 5 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. 6 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. 7 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] 8 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 )> ~ Cll Cll 3 Cll ~ z ? -VI ..!.. --~ t/) r 0 >.., ~r~;:s.. t/)8 C) r ._~ ~oo ~~(Tl 0~~~ ~~z~ z;:s..~~ >G;mO C) ~> tTl)>>~ ~o-<z >tTl -<rf!o >z>.., zrn2~ O:i> ~:jzz C,?oa tcZ;:s..O C"TTZO ~oo.., ~~ (/)