HomeMy WebLinkAbout20172823.tiffRESOLUTION
RE: APPROVE AGREEMENT TO CONTRIBUTE FOR SOUTH PLATTE RIVER
IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - MIDDLE SOUTH PLATTE
RIVER ALLIANCE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement to Contribute for South
Platte River Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Middle South Platte River Alliance,
commencing August 16, 2017, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement to Contribute for South Platte River Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and the Middle South Platte River Alliance be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:ditAvu.p't,e,
Weld County Clerk to the Board
BY:
�.
eputy Clerk to the Board
APPAS TO
Attorney
Date of signature: 01 / t 4 / I ?
Cc FI/QCTCOw/ (3G)
c/o-1 (I 1
Julie A.1Cbzad, Chair
Steve Moreno, Pro-Tem
EXCUSED
Sean P. Conway
Barbara Kirkmeye
2017-2823
BC0050
AGREEMENT TO CONTRIBUTE
FOR SOUTH PLATTE RIVER IMPROVEMENTS
THIS AGREEMENT is made and entered into this /%'day of , 2017, by
and between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, Colorado whose address is P.O. Box 758, 1150 "O"
Street, Greeley, Colorado 80632, hereinafter referred to as "the BOCC," and the Middle South
Platte River Alliance, whose address is PO Box 614, Loveland, CO, 80539, hereinafter referred
to as -Alliance."
WITNESSETH:
WHEREAS, the Alliance is a 501(c)(3) nonprofit, consisting of a diverse group of
stakeholders brought together following the 2013 floods to envision a healthier and more flood
resilient corridor in north central Colorado, specifically addressing a more than 20 mile stretch of
the South Platte River in Weld County between the confluence of the St. Vrain and Cache la
Poudre Rivers, and
WHEREAS, the Alliance plans to make certain river improvements detailed in the
attached Exhibit "A," hereinafter referred to as the "Project," and
WHEREAS, the Project will benefit the health, safety and welfare of the citizens of Weld
County, and therefore the BOCC desires to contribute the sum of $61,569.29 toward the Project
as stated in Exhibit A, and $11,430.71 for irrigation associated with the project for a not to
exceed amount of $73,000, and
WHEREAS, the BOCC is authorized to enter into this Agreement by and through Section
3-8 and C.R.S. Sec. 29-1-203 for the purpose of achieving the health, safety and welfare of the
citizens of Weld County.
NOW TI IEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date first written above to and until
such time as the Project described herein shall be completed.
2. DESCRIPTION OF IMPROVEMENTS: The improvements are described in the attached
Exhibit A.
3. CONTRIBUTION BY THE BOCC: The BOCC agrees to pay to pay the Alliance the
sum of $61,569.29 as a contribution to Project as set forth in Exhibit A, and $11,430.71
for irrigation associated with the project for a not to exceed amount of $73,000,
4. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto,
constitutes the entire Agreement between the parties hereto with respect to the subject
matter herein, and shall be binding upon said parties, their officers, employees, agents
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O2O/ 7- at2-,3
and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors ands assigns of said parties.
5. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in the Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services
or benefits under this Agreement shall be incidental beneficiary only.
6. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall
be held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall
be construed and enforced without such provision to the extent that this
Intergovernmental Agreement is then capable of execution within the original intent of
the parties hereto.
7. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the
entire Intergovernmental Agreement and understanding between the parties to this
Intergovernmental Agreement and supersedes any other Intergovernmental Agreements
concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, notation, renewal, or other alteration of or to this
Intergovernmental Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No breach of any
term, provision, or clause of this Intergovernmental Agreement shall be deemed waived
or excused, unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party hereto, or waiver of, a
breach by any other party, whether express or implied, shall not constitute a consent to,
waiver of, or excuse for any other different or subsequent breach.
8. NOTICES: All notices required herein shall be mailed via First Class Mail to the
parties' representatives at the addresses set forth above.
9. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §§24-10-10l et seq., as applicable now or hereafter
amended.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
of the day and year first hereinabove written.
ATTEST: dderdte/t)
COMMISSIONERS
WELD COUNTY Clerk
By:
(Deputy) C
BOARD OF COUNTY
WELD COUNTY, COLORADO
ulie A. Cozad, Chair
AUG 1 6 2017
MIDDLE SOUTH PLATTE RIVER
ALLIANCE
By:
Page 3 of 3
,20/7-0025
EXHIBIT A SCOPE OF WORK
GRANTEE and FISCAL AGENT (if different)
Middle South Platte River Alliance
PRIMARY CONTACT
Chloe Lewis
ADDRESS
PO Box 614
Loveland, CO 80539
PHONE
970-313-8235
PROJECT NAME
SH 60
GRANT AMOUNT
TOTAL BUDGET
NRCS 75% Share
State Share 12% Share
Weld County 12% Share
INTRODUCTION AND BACKGROUND
$492,554.30
$369,415.73
$ 61,569.29
$ 61,569.29
The SH60 project, located in Weld County, CO, is immediately upstream (west) of the SH60
bridge over the South Platte River southeast of Milliken, CO. During the 2013 flood on
Colorado's front range, the bridge retained sediment and debris which exacerbated public health
and safety concerns in addition to increasing bank erosion and problematic floodplain impacts.
This project proposes to construct the following improvements:
• Installation of river training structures including bendway weirs upstream of the SH60
bridge
• Installation of anchored woody toe revetment and aquatic habitat features in the
project limits, and
• Revegetation of the floodplain surfaces within the project limits.
Exhibit A
1
OBJECTIVES
The primary objective of the work proposed at the SH60 project, is to protect life and property.
This would be accomplished by increasing channel stability upstream of the bridge and helping
to minimize bank erosion and sediment transport, so that under flood conditions, sediment will
be mobilized through the bridge. The project will also aim to enhance the ecological conditions
of the river. Improvements include bendway weirs; woody toe protection through the use of
rootwads to encourage habitat; and resilient and stable channel banks capable of minimizing
erosion under a wide range of flow conditions.
TASKS
The following tasks are to be carried out to complete construction in accordance with drawings
and specifications.
TASK 1- Removals and Relocations
The work consists of clearing of vegetation and within the limits of grading areas, staging areas,
and access routes. Vegetation and objects designated to remain shall be preserved free from
injury or defacement, including the limbs and rootwads of large wood. The contractor shall retain
and stockpile large boulders encountered during clearing and grubbing for reuse in structures and
bank protection (In -Channel Boulder Features).
TASK 2- Earthwork and Grading
This work consists of excavation and fills within the South Platte River channel and floodplain,
as well as, disposal of excess material off site. This work includes the sorting and stockpiling of
in -situ riprap, larger, alluvial rounded rock and boulder material located in the existing river
bottom, banks, floodplain, and soil piles, to be used in later stages of construction to form river
features. Final grade cuts and fills shall not be steeper than 1.5: 1.
The proposed channel and floodplain shall be formed according to the typical sections and
grading contours as shown on the plans or as directed by the Engineer.
TASK 3- Erosion Control
The Contractor shall develop a Stormwater Management Plan (SWMP) and obtain a construction
stormwater permit and construction dewatering permit from CDPHE as applicable.
Erosion control measures shall be installed and maintained in the locations specified and as
described in the SWMP.
Erosion control measures will consist of, but is not limited to, silt fence, erosion control log,
Exhibit A
2
check dam, or other approved measures needed to satisfy the requirements of the stormwater and
construction dewatering permits. Biodegradable hydraulic fluids shall be used for all heavy
machinery. Contractor will comply with equipment cleaning protocols to prevent the spread of
New Zealand Mud Snails, other aquatic nuisance species (hitchhikers), and noxious plant species
prior to entering the site per requirements of the 404 Permits.
Dewatering temporary excavations will be in accordance with Colorado Department of Health
and Environment dewatering regulations to facilitate construction activities. The Contractor shall
provide all required materials and equipment to facilitate dewatering. On -site materials meeting
specifications may be used within the limits of construction to construct temporary dams and
berms. Other materials such as plastic sheeting and sand bags may also be used if desired by the
Contractor. The Contractor shall dewater, by pumping or by excavating trenches leading to a
positive gravity outlet.
Special Dewatering Provisions for Woody Toe Protection structures: The Contractor shall isolate
the work area from surface waters, and then draw down the groundwater level to an elevation
below subgrade in a manner which will prevent "quick" conditions. The dewatering operation
will be continuous, 24 hours per day, until the affected portion of the woody toe protection is
complete and the groundwater level can be allowed to rise without endangering the stability of
existing or new structures.
The Contractor should anticipate that even with the groundwater level lowered below subgrade
where riprap is to be placed, conditions will be moist and possibly soft and easily disturbed by
the Contractor's activities. The Contractor is responsible to control such conditions and prevent
loosening of the subgrade material and refrain from activities which would make the materials
more permeable and/or inadequate to support the structure.
TASK 4- Channel Work and Stabilization
This work involves work to stabilize eroded streambanks caused by flood flows. Work involves
the installation of 12" riprap along with large woody material and woody toe protection.
Large Woody Material and Woody Toe Protection: This work includes all equipment, materials,
labor, and other costs associated with supplying and installing woody toe protection as indicated
in the plans.
Large woody material (LWM) are trees or tree trunks, preferentially sourced on site, or from
Exhibit A
3
nearby properties, with intact root mass, used to construct woody toe protection and develop
riparian habitat features and for low -flow to bankfull-discharge stabilization.
TASK 5- Revegetation
The work consists of revegetating areas that have been disturbed as part of floodplain benching,
channel grading, debris removal, staging, construction access, or otherwise. This includes
revegetation that is specified as part of bank stabilization treatments. Onsite soil shall be
amended with Biocomp/Biosol and Verdyal in accordance with the plans. This work also
includes furnishing all plants, labor, materials and equipment and performing all work necessary
and incidental to installing container stock, piles and live cuttings as indicated in the plan set.
TASK 6- General
This task includes construction surveying, mobilization, and traffic control required to construct
the project.
SAFETY
The Contractor shall take necessary precautions to ensure the protection of the public.
The Contractor shall furnish, erect, and maintain at its own expense all necessary precautions for
the protection of the Work and safety of the public through and around its construction
operations or prevent public entry to construction areas.
The Contractor is responsible for protection of all public and private property on and adjacent to
the site of the Work. It shall use every precaution necessary to prevent damage to driveways,
trees, landscaping, mailboxes, fences, and other private and public improvements.
PERIOD OF PERFORMANCE
Anticipated implementation of this project requires that construction be completed within 120
days of a signed Financial Assistance (FA) agreement between the Natural Resources
Conservation Service (NRCS) and the Colorado Water Conservation Board.
Exhibit A
4
RE: AGREEMENT TO CONTRIBUTE FOR SOUTH PLATTE RIVER IMPROVEMENTS
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller
APPROVED AS TO FORM:
County Attorne
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