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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 \dc m\llgrmnt\1 4 140804A • 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. \Jcm\ugrmnt\ I -1 \ 140ll04i\ 2 1. \II other tcnm. and conJitinn' 111 \grc~·rnt:nt \Ju l ·l ·OX.04 ... h;~ll rt:main in full force and effect \\ III.KI I-ORI. P·\R rll "''hcn!IO h..t\~o: cau-.cd thi' llhtrumcntto ~ e'cwtcd b) propcrl~ authoritt:d ''~naton~..-... a" of the dah: and ~ c.tr liro.t JOO\.C \HIItcn . t lUJAN DR \INAU!:. A \ID It OOD CO\ rROL Dl<., I RIC I (Sl:\1 I a~E:/ILL. 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