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Home My WebLink AboutResolution-1996-1558 RESOLUTION NO. 1558 Series 1996 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 based on actual bid prices, the Urban Drainage and Flood Control District has made available an additional $37,500 above the $255,000 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 Projects Fund, Unallocated Fund Balance to cover the matching share of the cost of permanent improvements. Capital City's 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 23rd day of September, 1996. ~~ DAN WILDE, MAYOR AMENDMENT TO AGREEMENT REGARDING DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF DRAINAGE A}..TJ) FLOOD CONTROL IMPROVEMENTS FOR LENA GULCH SCHEDULE V, CITY OF WHEAT RIDGE UDFCD Agreement No. 95-05.09B THIS AGREEMENT, made this 21rd day of Spptpmlwr , 1996, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (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 Ju]y 14, 1995 as amended by UDFCD Agreement No. 95-05.09A dated January 5, 1996; and WHEREAS, design has been completed and DISTRICT has bid the improvements to Lena Gulch Schedule V and total costs are estimated to be $585,000; and WHEREAS, and additional $75,000 (DISTRICT - $37,500; WHEAT RIDGE - $37,5(0) is needed to construct the improvements; and WHEREAS, DISTRICT and CITY desire to proceed with the construction of improvements to the next phase of Lena Gulch Schedule V within CITY; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 59, Series of 1995) 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. 49, 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, Series of 1995 as amended by Resolution No. 53, Series of 1995 and Reso]ution No. 1558, Series of 1996); 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 herem, 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 projcc~ costs ~~aE consist (,f and De limited to the followipg' 95-05.09B 1 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 $585,000 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 75,000 3. Construction 422,600 4. Construction Engineering 39,700 5. Contingency 13.300 Grand Total $585,000 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 DISTRICf share $292,500 CITY share $292,500 TOTAL $585,500 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICf policy (Resolution No. 11, Senes 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 Sharing 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 - $292,500; DISTRICT - $292,500) 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 herein. DISTRICT shall provide a periodie accounting of project funds as well as a periodic notifieation to CITY of any unpaid obligatIOns. Any interest e,'lfIled by the monies contributed by DIST~ICT 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). 95-05.09B 2 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 shall receive a share of such monies, which shares shall be computed as were the original shares (DISTRICT 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 ::~T: f 9V~~4-<~ By Title Executive Director Date CITY OF WHEAT RIDGE (SEAL) By ~~ ~~ 7/2..'!/7b A TrEST: Title Date Aym~AsleFoRM:\ ///1 ~/utiJjj(]/}f7 /b-~t/ City Attorney - 95-05.09B 3