HomeMy WebLinkAboutResolution 2015-0011CITY OF WHEAT RIDGE , COLORADO
RESOLUTION NO . .11
Series of 2015
TITLE: A RESOLUTION AMENDING AN INTERGOVERNMENTAL
AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT AND THE REGIONAL TRANSPORTATION DISTRICT FOR
THE CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL
IMPROVEMENTS FOR THE ARVADA CHANNEL, BETWEEN MILLER
AND OAK STREET AND THE APPROVAL OF A SUPPLEMEN TAL
BUDGET APPROPRIATION IN THE AMOUNT OF $350,000
WHEREAS , th e City Cou nci l w ishes to cons truct th e Arvada Channel; a nd
WHEREAS , the City has ne gotiated an intergovernmenta l agreement with the Urban
Drain age and Flood Control District and the Regional Transportation District for the local
f unding of t he Project ; and
WHEREAS , the City agrees to fund its portion of t he share in the amou nt of
$350 ,000.
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of W heat
Ridg e, Col orad o, as fo ll ows :
Section 1. Intergovernmental Agreement Approved . The amendment to
Intergovernme ntal Agreement between the City and the Urba n Drainage and Flood Control
District and t he Regional Transportation District for construction of the Arvada Channel is
hereby approved and t he Mayor and City Clerk are authorized and directed to execute the
same.
Section 2. Budget Amended. The City of Wheat Ridge fiscal year 2015 CIP Budget
be amended to t ran sfe r an amoun t of $350 ,000 f rom Ge nera l Fu nd undesignated rese rv es
to line item 30-302-800-834 for the Arvada Channel Imp rovement.
Section 3. Effective Date. This Resolution shall be effective immediately upon
adoption .
DONE AND RESOLVED this qa;, day of , 2015.
ATTEST:
AMENDMENT TO
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
ARVADA CHANNEL (MILLER STREET TO OAK STREET)
CITY OF WHEAT RIDGE
Agreement No. 14-08.04A
TI-llS AGREEMENT. made this day of , 2015, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT").
CITY OF WI I EAT RIDGE (hereinafter called "CITY). and REGIONAL TRANSPORTATION
DISTRICT (hereinafter called "RTD") and collectively known as "PARTIES";
WITNESSETH:
WIIEREAS, PARTIES have entered into "Agreement Construction of Drainage and Flood Control
Improvements for Arvada Channel (Miller Street to Oak. Street" (Agreement No. 14-08 .04) dated
December I I, 2014; and
WI IEREAS , PARTIES now desire to construct drainage and nood control improvements along
Arvada Channel (Miller Street to Oak Street}; and
WIIEREAS, PARTIES desire to increase the level of funding by $500.000: and
WHEREAS. DISTRICT's Board of Directors has authorized additional DISTRICT financial
participation for PROJECT (Resolution No. 71, Series of2014); and
WHEREAS, the City Council of CITY, the Board of Directors of RTD, and the Board of Directors
of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective
PARTIES.
NOW. THEREFORE, in consideration of the mutual promises contained herein. PARTIES hereto
agree as follows:
I. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows:
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist
of and be I imited to the following:
I. Construction of improvements:
2. Contingencies mutually agreeable to PARTIES.
B. It is understood that PROJECT costs as defined above are not to exceed $2.695 ,820
without amendment to this Agreement.
PROJECT costs for the various elements of the cffon are estimated as follows:
ITEM AS AMENDED ORIGINAL
I. Construction* $2.506,200 $1,996,200
2. Contingency (7 .6%) 189,620 199,620
Grand Total $2,695,820 $2.195,820
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• It is anticipated that additional monies may be added in future years by amendment.
This breakdo'~ n of costs is for estimating purposes only. Costs may vary betv.een the
various elements of the effort \\ ithout amendment to this Agreement provided the
total expenditures do not exceed the ma'\imum contribution by all PARTIES plus
accrued interest.
C Based on total PROJECT costs. the maximum percent and dollar contribution by each
party shall be:
Percentage Previously Additional Maximum
Share Contributed Contribution Contribution
DISTRICT 29.6% $ 647,178 $150,000 $ 797,178
CITY 14.8% $ 48,642 $350,000 $ 398,642
RTD 55.6% $1,500,000 -0-$1,500,000
TOTAL 100.00% $2,195,820 $500,000 $2,695,820
The percentages listed above are for reference only. and do not provide any basis for
how additional funding will be pro' ided. RTD's maximum contribution for
PROJECT shall not exceed $1.500.000.
2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows:
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. II, Series of 1973, Resolution No. 49.
Series of 1977. and Resolution No. 37. Series of2009). the funding of a local body's share
rna) come from its own revenue sources or from funds received from state. federal or other
sources of funding without limitation and without prior Board approval.
The payments by CITY and DISTRICT shall be held by DISTR ICT in a special fund to pay
for increments of PROJ ECT as autho rized by PART IES, and as defined herein. DISTR ICT
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 CITY
and DISTRICT shall be accrued to the special fund established by DISTRICT for PROJECT
and such interest shall be used only for PROJECT upon approval by the contracting officers
(Paragraph 13 ).
DISTRICT shall provide CITY and DISTRICT contributions to RTD within 30 days of RTD
giving Notice to Proceed to PROJECT contractor. Execution of a Work Order shall qualify
as Notice to Proceed.
Within one) ear of completion of PROJECT if there are monies including interest earned
remaining which are not commiued, obligated, or disbursed. CITY and DISTRICT shall
receive a share of such monies. which shares shall be computed as were the original shares;
or. at CITY reques t, CITY share of remaining monies shall be transferred to another special
fund held by DISTRICT.
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