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Home My WebLink About08928RESOLUTION NO. 8928 A RESOLUTION APPROVING A PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE UNITED STATES OF AMERICA RELATING TO THE FOUNTAIN CREEK LEVEE REHABILITATION PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Project Cooperation Agreement dated February 14, 2000 between the City of Pueblo and the United States of America relating to the Fountain Creek Levee Rehabilitation Project, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Project Cooperation Agreement in the name of the City of Pueblo. ATTEST: City rk INTRODUCED: February 14, 2000 By Robert Schillin Councilperson AP OVED: President of the City Council US- CORPS -EX- OFFICE ID:505 -342 -3197 FEB 25'00 16:17 No.004 P.02 PROJECT COOPERATION AGREEMENT BETWEEN THE United States of America And CITY OF PUEBLO FOR REHABILITATION OF FLOOD CONTROL WORKS For FOUNTAIN CREEK LEVER REHABILITATION' PROJECT TE115 AGREEMENT, entered into this 1 day of L.,, ,Aot , / , 2-000, ley and between THE UNITED STATEN OF AMERICA (hereinafter called the " Government ") represented by Commander, U.S. Army Corps of Engineer (USACE) , nlbuqucrque District, executing this agreement., and the City of Pueblo, Pueblo Colorado, (hereinafter called the "Sponsor "), W 1TNESSETH THAT: WHEREAS, Public Law 99, 84th Congress, approved 28 June 1955, authorized the chief of Engineers in the repair or restoration of any flood c:orrtrol works threatened or destroyed by recent floods, including the , ;t:rengt.heniag, raising, extending, or other modificat.iori thereof as may be nocessaty at the discretion of the Chief of Engineers for the adequate functioning of the work for flood control, damaged or destroyed by wind, wave, or water action of other than an ordinary nature whert in the. discretion of the Chief of Engineers such repairs and ro.storation are warranted for the adequate functioning of the structure; and WHEREAS, the Sponsor has requested in writing, assistance in the repair or rnstoration of the flood control work structure damaged a.4 described by the written roquest for assistance, and the Sponsor qualifies for assistance in accordance with the estab].i.:ahed policie,' of the U` ACE:; and WHERFA5, the subject rehabilitation project is a federal flood works with a prior written agreement, with Lhe Focal Sponsor, delineating their obligations and subject rehabilitation will. be accomplishod. at 100% Federal cost. NOW, TKERE:FORF, the parties agree as follows: 1. The Government will perform the work described in its scope of work which is made part of thin agreement. 2. The Sponsor agrees, in consideration of the Government providing assistance, to fulfill the requirement of non - Federal cooperation roquired by the USACE regulations, to wit: US- CORPS -EX- OFFICE ID:505 -342 -5197 FEB 25'00 16:18 No.004 P.03 a. Provide without cost to the Government all lands, ea.,Qmrnts and rights- o.f. -ways neues5ary for the repair and restOratiCTi of the flood control works and for the use of borrow area and /or spoil arras. This provi.nion will also include the access to and from the floc)d C:ontro,Z works or structures, the borrow sites, and spoil areas. b. Mold and save the Government free from damages due to the ropy it ar restoration work, except damages due to the fault or negligence of the Government or its contractors. C. Be fami 1 i ar° With the policies and procedures of the USACEs Inspection Program, participate in the program's periodic inspection, and maintain without cost to the Government the flood control work irl a manner Satisfdctory to the Government and in accordance with the prescribed r.eyula of the Inspection Program, d. Give the Gove- rT 1111 :nt a right to enter, at r e timE * ancf is a reasonable manner, upori land which the SP031SOr owns or controls, for access to the flood control works or structuures for the purpose of inspection. 3. The Sponsor fur.thcr agrees to provide any mitigation e;iteaS as required to accomplish said work as provided in paragraph 2.a. oL this agreement. 4. Thin, agreement remains in effect indefinitely, Termination of this agreement will be automatic if the Sponsor is removed from t.hn USAC:E Inspection Proyrdrri clue to the ;3porimor' 6 non - comp 1 iancc with the policies and procedures of the Inspection Program. 5. ATTACHMENTS; a. Exhibit A - Written request for assistance from the Sponsor. b. Exhibit B - Government scope of Work. 6. IN WITNESS W11FREOF, the parties hereto agreement of the day and year first above THE UNITED STATES OF ME RICA 71I6MA.Z N. FALLIN Li.euLenant CoI OTIel, EN District Enginccr Address: DEPARTMENT OF THE ARMY Albuquerque District, Corps ,of Engineers 4101 Jefferson Plaza, Northeast Albuquerque, New Mexico 87109 -3435 have executed this, wr17 `SPONSOR �C6rinnc Koehler Pres dent of City Counci' Address: Post Office Box 1421 Pueblo, Colorado 81002 -1427 US— CORPS —EX— OFFICE ID:505- 342 -3197 FEB 25'00 16:18 No.004 P.04 RCVIQW & Approved ror. Legal vufficicncy f :M cuouns%p US- CORPS -EX- OFFICE ILA :505 -342 - 3197 FEB 25'00 16:18 No.004 P.05 �a Clty of Pueblo OFFICE OF THE C ITY COUNCIL May 10, 1999 k:XH1 BI.T A Lt. Colonel Tom Fallin Department of the Army Albuquerque District, Corps of Engineers 4101 Jefferson Plaza, NE Albuquerque, New Mexico 87109 -3435 Re: Fountain Creek Flood Damage Dear Colonel Faltin, The recent flooding conditions on Fountain Creek have caused some damage to the Fountain Creek flood control project that was constructed by the Army Corps of Engineers and completed in July 1989_ This damage includes eroded rip -rap bank protection at 13 Street, on the west side of the channel, and a washed -out concrete pedestrian trail at the south and of the project. In addition, we are very concerned about the significant debris buildup within the channel, and its potential impact on downstream bridges in the event of future flooding. Another concern is siltation, and its effect on the channel capacity. When City staff observed the elevation of debris lines along the channel bank at 13 Street, they indicated that it did not appear that there is sufficient capacity within the current channel to contain the 200 year flood for which the flood control project was designed. The City of Pueblo hereby requests that under Public Law 84 -99, the Army Corps of Engineer provide assistance in evaluating and repairing damages to the flood control project, debris removal, and evaluation of current channel capacity. if channel capacity is found to be less than that of the initial flood control project the City requests assistance to reestablish the necessary channel capacity to avoid future flooding. Please contact Mr. Tom Cvar, City Director of Public Works with any questions and to arrange any site visits. He can be reached at 719-543.2$60. Your help in this emergency situation will be greatly appreciated. Sin ce y , . l - fkx_' Corinne Koehler President ofCity C oun cil CK:gc pc: Tom Cvar, Director of Public Works P,O, Box 1427 Pueblo, Colorado 111002 -1427 (719) 545.0551 US- CORPS- EX- l7FFICE ID :505- 342 -3197 FEB 25'00 16:19 No.004 P.06 EXHIBIT B Scope of Work For FOUNTAIN CREEK LEVEE REHABILITATION PROJECT The rehabilitation work would repair two small damaged areas of stream bank protection that total about 745 foot to pre -flood conditions. The work woi.ild include ro- armoring the damaged flood control site with 2600 cubic yard of riprap.