HomeMy WebLinkAboutResolution-2006-0013
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 13
Series of 2006
TITLE:
A RESOLUTION APPROVING AN AGREEMENT REGARDING
FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE
AND FLOOD HAZARD AREA DELINEATION FOR LENA
GULCH, ALONG WITH APPROVING EXPENDITURE OF FUNDS
IN THE AMOUNT OF $80,000 FOR THE PROJECT
WHEREAS, a standard agreement between Urban Drainage and Flood Control
District, Adams County, City of Wheat Ridge, Jefferson County, City and County of
Denver and City of Golden has been prepared regarding funding of Major Drainageway
Planning Update and Flood Hazard Area Delineation for Clear Creek, and
WHEREAS, the estimated cost of the study is $160,000, with the District
financing 50% of the total project; and
WHEREAS, the City of Wheat Ridge is responsible for financing 50% of the total
project, and,
WHEREAS, the City's share of the project will be $80,000, and
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Aqreement Approved
The Agreement Regarding Funding of Major Drainageway Planning Update and
Flood Hazard Area Delineation for Lena Gulch be approved
Section 2. Expenditure Approved
The expenditure of not to exceed $80,000 is hereby approved from CIP account
#30-302-800-841, for the purpose of the Major Drainageway Planning Update and
Flood Hazard Area Delineation for Lena gulch
Section 3. Effective Date
This Resolution shall be effective immediately upon adoption
DONE AND RESOLVED this'jf[V'-- day of !Ylaru/'-'
,2006
ATTEST
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JeyY ~TiJlliO, Mayor
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AGREEMENT REGARDING FUNDING OF
MAJOR DRAINAGEW A Y PLANNING AND FLOOD HAZARD AREA DELINEATION
FOR LOWER LENA GULCH
Agreement No. 06-01.22
THIS AGREEMENT, made this day of ,2006, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT")
and CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); (hereinafter DISTRICT and
WHEAT RIDGE shall be collectively known as "PARTIES");
WITNESSETH THAT
WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No 14, Series of
1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning
measures; and
WHEREAS, DISTRICT has previously established a Work Program for 2006 (Resolution No. 82,
Series of 2005) which includes master planning; and
WHEREAS, DISTRICT, in cooperation with Cities of Golden, Lakewood and Wheat Ridge and
Jefferson County, in 1975 completed a master plan for Lena Gulch; and
WHEREAS, DISTRICT, in cooperation with Cities of Golden and Lakewood and Jefferson County,
in 1994 completed an update of the master plan for Upper Lena Gulch, and
WHEREAS, PARTIES now desire to proceed with development of an updated drainageway master
plan and a Flood Hazard Delineation report for Lower Lena Gulch (hereinafter called "PROJECT"); and
WHEREAS, PARTIES desire to acqUire mapping needed to conduct the engineering studies for
PROJECT, and
WHEREAS, PARTIES desire to engage an engmeer 10 render certain technIcal and professional
advice and to compile information, evaluate, study, and recommend design solutions to such drainage
problems for PROJECT which are m the best interest of PARTIES
NOW, THEREFORE, in consideration of the mutual promises contained herem, PARTIES hereto
agree as follows.
SCOPE OF AGREEMENT
This Agreement defines the responsibilitIes and finanCial commitments of PARTIES with respect to
PROJECT
2 PROJECT AREA
DISTRICT shall engage an engineer and obtain mappmg as needed to perform or supply necessary
servIces in connection Wlth and respecting the plannmg of a drainageway master plan for the area
and watershed shown on the attached Exhibit A dated January, 2006, (hereinafter called "AREA")
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3 SCOPE OF PROJECT
The purpose of PROJECT is to develop a drainageway master plan including hydrologic information
and the locations, alignments, and sizing of storm sewers, channels, detentIOn/retention basins, 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 alternates 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. Conceptual alternate plans shall be developed such that
comparison with other alternates can be made.
Drainage system planning shall be done in two phases by the engIneer engaged by DISTRICT,
culminating in a drainageway master plan report. During the first phase, the selected engineer shall
perform all studies and data gathering needed to prepare an alternatives evaluation report containing
a brief PROJECT description, study history, schematics of alternatives developed, their costs, and a
discussion of the pros and cons of each alternate. A single alternate will be selected by PARTIES
after the review and evaluatIOn of the alternatives evaluation report. During the second phase, the
engineer shall be directed to prepare a preliminary design for the selected alternative, which shall be
included in the final drainage way 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, and related services and contingencies mutually agreeable to
PARTIES Project costs are estimated not to exceed $160,000
6. FINANCIAL COMMITMENTS OF PARTIES
PARTIES shall each contribute the following percentages and maxImum amounts for PROJECT
costs as defined In Paragraphs 5
DISTRICT
WHEAT RIDGE
Percentage
Share
50 00%
5000%
Maximum
Contribution
$80,000
$80,000
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7 MANAGEMENT OF FINANCES
Payment by DISTRICT of$80,000 and by WHEA'f RIDGE of$80,000 shall be made to
DISTRICT subsequent to executIOn of this 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 PAR TIES, and as defined herein.
DISTRICT shall provide a penodic accounting of PROJECT funds as well as a penodic
notification to WHEAT RIDGE 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.
In 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 changes shall be approved that
increase the costs beyond the funds available in the PROJECT fund unless and until the additional
funds needed are committed by PARTIES by an amendment to this Agreement.
Within one year of completion of PROJECT ifthere 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 as were the anginal shares.
8 fROJE(::T MAPPING
Upon execution of this Agreement DISTRICT will solicit priced proposals for mapping services
and engage the mapping finn submitting the lowest pnced proposal that is also Judged by
DISTRICT to be responsible and qualified to perform the work. DISTRICT reserves the right to
reject any proposal and to waive any formal requirements during the evaluation of the proposals.
DISTRICT will administer the contract with the mapping firm. The mapping scrvlces contracted
by DISTRICT will provide for topographic mapping at a 2-foot contour interval and a scale of
I-inch = 100-feet.
9 MASTER PLANNING
Upon execution of this Agreement, PARTIES shall select an engineer mutually agreeable to
PARTIES DISTRICT, with the approval of WHEAT RIDGE, shall contract with the selected
engineer and shall supervise and coordinate the planning for the development of alternates and of
preliminary design.
10 PUBLISHED REPORTS AND PROJECT DATA
DISTRICT wi11 provide to WHEAT RIDGE one copy of the draft alternatives evaluation report,
five copies of the final alternatives evaluation report, one copy of a draft preliminary design report,
and ten copies of the final preliminary design report.
Upon completion of PROJECT, electronic files of all mapping, drawings, and hydrologic and
hydraulic calculations developed by the engineer contracted for PROJECT shall bc provided to
WHEA T RIDGE if requesting such data.
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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 master planning report is delivered to DISTRICT and the final
accounting offunds on deposit at DISTRICT 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 RESPONSIBILITIES OF WHEAT RIDGE
WHEA T RIDGE agrees to designate and assign a PROJECT representative to act on its behalf in
all matters related to PROJECT Said 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 DISTRICT. Said
representative shall have the authority for all approvals, authorizations, notices, or concurrences
reqUIred under thiS Agreement with the exceptIOn ofthe authority to execute this Agreement or
any amendments or addenda to this Agreement, unless specifically authorized to do so by WHEAT
RIDGE.
WHEAT RIDGE agrees to review all draft reports and to provide comments withIn 21 calendar
days after the draft reports have been provided by DISTRICT to WHEAT RIDGE. WHEAT
RIDGE also agree to evaluate the alternatives presented in the alternatives evaluation report, to
select an alternative, and to notify DISTRICT of their decision(s) within 60 calendar days after the
alternatives evaluation report is provided to WHEAT RIDGE by DISTRICT
14 RESPONSIBILITIES OF DISTRICT
NotWIthstanding any of the provisions of the Agreement, the Executive Director of DISTRICT,
after coordination With WHEAT RIDGE, shall be the only individual authonzed to direct or
redirect the effort funded under this Agreement. DISTRICT may appoint a Project Director who
shall represent the Executive Director in matters related to PROJECT DISTRICT shall be
responsible for coordinating with \VI-IEA T RIDGE the information developed by the various
consultants hired by DISTRICT and for obtaIning all concurrences from WHEAT RIDGE needed
to complete PROJECT in a timely manner
IS AMENDMENTS
ThiS Agreement contains all of the terms agreed upon by and among PARTIES 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 junsdlction or by operatIOn of any applicable law, such mvalid 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.
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17. APPLICABLE LA WS
This Agreement shall be governed by and construed m accordance with the laws of the State of
Colorado Venue for any and all legal actions ansll1g under the Agreement shall he in the District
Court in and for the County of Denver, State of Colorado.
18 p,.SSIGNABILITY
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 to this Agreement.
19 BINDING 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
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PARTIES hereto agree and acknowledge that this Agreement may be enforced!61aw Of ih equity,
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by decree of specific performance or damages, or such other legal or equitab~:telief as ID.!X. be \
available subject to the provisions of the laws of the State of Colorado i '" i JAj (; ,
TERMINA TlON OF AGREEMENT , 'IF ' ...
21
This Agreement may be terminated upon thirty (30) days written notice by any party to thiS-
Agreement, but only if there are no contingent, outstanding contracts. Ifthere are contingent,
outstandll1g contracts, this Agreement may only be terminated upon the cancellation of all
contingent, outstanding contracts. All costs associated with the cancellation of the contingent
contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and
subject to the maximum amount of each party's contribution as set forth herem
22. NO DISCRlMINA nON IN EMPLOYMENT
In connection with the performance of work under this Agreement, PARTIES agree not to refuse
to lure. discharge, promote or demote, or to discnmmate 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, mantal status, or physical or mental disability and
further agrees to insert the foregoing proviSIOn in all subcontracts hereunder
23 APPROPRIA TlONS
Notwithstanding any other term, condition, or prOVision herein, each and every obligation of
WHEA T RIDGE and/or DISTRICT stated in this Agreement is subject to the requirement of a
prior appropriation of funds therefore by the appropriate governing body of each LOCAL
SPONSOR and/or DISTRICT
24 NO THIRD PARTY BENEFICIARIES
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 contall1ed 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
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that any person or party other than any WHEAT RJDGE or DISTRICT receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
WHEREFORE, PARTIES hereto have caused this mstrument to be executed by properly
authorized signatures as of the date and year above wfltten.
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
(SEAL)
By.
ATTEST
Title Executive Director
Date
CITY OF WHEAT RIDGE
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Date
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EXHIBIT
LENA GULCH (LOWER) 2005 UPDATE
AND FLOOD HAZARD AREA DELINEATION
January 2006