HomeMy WebLinkAboutResolution-1995-1501
RESOLUTION NO. 1501
Series 1995
TITLE:
A RESOLUTION AUTHORIZING AN AMENDMENT TO RESOLUTION
NO.1477; A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT FOR PERMANENT IMPROVEMENTS TO LENA GULCH.
WHEREAS, Section 14.2 of the Home Rule Charter of the City of
Wheat Ridge provides express authority to enter into
intergovernmental agreements providing for cooperative efforts
between governments; and
WHEREAS, the recent continuous rainfall for 16 days caused
flooding from Lena Gulch and concomitant flood damage downstream of
the Maple Grove Reservoir; and
WHEREAS, in response to a request from the City, the Urban
Drainage and Flood Control District has made available an additional
$115,000 above the $140,000 enumerated in Resolution 1477 for
permanent improvements to Lena Gulch; and
WHEREAS, the utilization of the funds made available by the
Urban Drainage and Flood Control District requires matching funds
from the City of Wheat Ridge; and
WHEREAS, sufficient funds are available in the City's Capital
Projects Fund, Unallocated Fund Balance to cover the City's matching
share of the cost of permanent improvements.
NOW, THEREFORE BE IT RESOLVED that:
Sec. 1. The Mayor of the City of Wheat Ridge is hereby
authorized to execute an amended intergovernmental agreement with the
Urban Drainage and Flood Control District to complete the next reach
of flood control improvements to Lena Gulch Schedule V.
DONE AND RESOLVED THIS 11th
day of December, 1995.
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DAN WILDE, MAYOR
ATTEST:
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WANDA SANG, CITY CLERK
AMENDMENT TO
AGREEMENT REGARDING
DESIGN, RIGHT-OF-WAY ACQUISmON AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
LENA GULCH SCHEDULE V, CITY OF WHEAT RIDGE
UDFCD Agreement No. 95-05.09A
THIS AGREEMENT, made this c:; -tk day of ,Tt;v,v.' \~ ' 1996,
by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRI T (hereinafter
called "DISTRICT") and the CITY OF WHEAT RIDGE (hereinafter called "CITY") and
collectively known as "PARTIES";
WITNESSETH:
WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14,
Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public
bodies which have heretofore enacted floodplain regulation measures; and
WHEREAS, DISTRICT and CITY have entered into "Agreement Regarding Design,
Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for
Lena Gulch Schedule V, City of Wheat Ridge" (UDFCD Agreement No. 95-05.09) dated July
14, 1995; and
WHEREAS, DISTRICT and CITY have now completed final design revisions and a
more accurate estimate of costs of right-of-way and construction have been determined; and
WHEREAS, DISTRICT and CITY desire to proceed with the construction of
improvements to the next phase of Lena Gulch Schedule V within CITY at a total estimated
cost of $510,000; and
WHEREAS, DISTRICT and CITY desire to increase the level of funding by $230,000
($115,000 each) such that the project can proceed; and
WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital
Improvement Program (Resolution No. 63, Series of 1994 as amended) for drainage and flood
control facilities in which construction of flood control improvements in the Lena Gulch area
of CITY was included; and
WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for
Calendar Year 1996 subsequent to public hearing (Resolution No. 48, Series of 1995) which
includes funds for construction of flood control improvements on Lena Gulch Schedule V in
CITY; and
WHEREAS, DISTRICT Board has authorized DISTRICT financIal participation for
design, right-of-way acquisition and construction of flood control improvements on Lena
Gulch Schedule V in CITY (Resolution No. 29, Senes of 1995 as amended by Resolution No.
53, Series of 1995); and
WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have
authorized, by appropriation or resolution, all of the project cost of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
PARTIES hereto agree as follows:
1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and
replaced as follows:
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. CITY and DISTRICT agree that for the purposes of this Agreement project
costs shall consist of and be limited to the following:
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1. Design modification.
2. Delineation, description and acquisition of required rights-of-way/
easements.
3. Construction of improvements.
4. Contingencies mutually agreeable to DISTRICT and CITY.
B. It is understood that project cost as defined above are not to exceed $510,000
for design modifications, right-of-way acquisition, and construction without
amendment to this Agreement.
Project costs for the various elements of the effort are estimated as follows:
ITEM AMOUNT
1. Design Modifications $34,400
2. Right-of-way 49,000
3. Construction 372,300
4. Construction Engineering 19,300
5. Contingency 35.000
Grand Total $510,000
This breakdown of costs is for estimating purposes only. Costs may vary
between the various elements of the effort without amendment to this
Agreement provided the total expenditures do not exceed the maximum
contribution by all PARTIES plus accrued interest.
C. DISTRICT shall contribute 50% of project cost and CITY shall contribute
50% of project costs. Based on total project costs, the maximum cost to each
Party shall be:
ParticipatIOn
DISTRICT share $255,000
CITY share $255,000
TOTAL $510,000
2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows:
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. 11, Series of 1973 and
Resolution No. 49, Series of 1977), the cost sharing shall be after subtracting state,
federal, or other sources of funding from third PARTIES. However, monies
CITY may receive from Federal funds, the Federal Revenue Shanng Program, the
Federal Community Development Program, or such similar discretionary programs
as approved by the DISTRICT's Board may be considered as and applied toward
CITY's share of improvement costs.
Payment of each party's full share (CITY - $255,000; DISTRICT - $255,000)
shall be made to DISTRICT subsequent to execution of this Agreement and within
30 days of request for payment by DISTRICT. The payments by DISTRICT and
CITY shall be held by DISTRICT in a special fund to pay for increments of the
project as authorized by DISTRICT and CITY, and as defined herem. DISTRICT
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 DISTRICT and CITY shall be accrued to the special fund
established by DISTRICT for this project and such interest shall be used only for
this project upon approval by the Contracting Officers (paragraph 13).
In the event that upon completion of the project, there are monies including interest
earned remaining which are not committed, obligated, or disbursed, each party
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shall receive a share of such monies, which shares shall be computed as were the
original shares (DISTRICf 50%; CITY 50%) within one year of completion of the
project.
3. All other terms and conditions of Agreement No, 95-05.09 shall remain in full force and
effect.
WHEREFORE, the PARTIES hereto have caused this instrument to be executed by
properly authorized signatories as of the date and year first above written.
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
(SEAL)
1
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By '. ,/ r:..A) / if I (~-v-----
A TIEST:
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Title Executive Director
Date
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CITY OF WHEAT RIDGE
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Date
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~. O'{'{ElJill.ASTOFO~~, .,(
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City Attorney ..
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