HomeMy WebLinkAbout6065RESOLUTION NO. 6065
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND THE DEPARTMENT OF THE ARMY RELATING TO THE
CONSTRUCTION OF CERTAIN FLOOD CONTROL WORKS
AND FACILITIES AT FOUNTAIN CREEK, PUEBLO,
COLORADO AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE THE AGREEMENT FOR AND
ON BEHALF OF THE CITY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Agreement dated July 27, 1987 between the City of Pueblo,
a Municipal Corporation and The Department of the Army, a copy of
which is on file in the City Clerk's office, having been approved
as to form by the City Attorney, is hereby approved.
gPrTTr)M 7 _
The President of the City Council is hereby authorized and
directed to execute for and on behalf of the City the Agreement
and the City Clerk is directed to affix the seal of the City
thereto and attest same.
INTRODUCED: July 27, 1987
KENNETH HUNTER
Councilman
ATTEST: APPROVED:
f f /
J
C y Clerk President of the City Council
LOCAL COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
THE CITY OF PUEBLO. COLORADO
FOR CONSTRUCTION OF
THE FOUNTAIN CREEK. PUEBLO. COLORADO PROJECT
THIS AGREEMENT, entered into this day of
. 1987, by
and between the DEPARTMENT OF THE ARMY (hereinafter referred to as the
"Government "). acting by and through the Acting Assistant Secretary of the
Army (Civil Works), and the CITY OF PUEBLO, a Municipal Corporation
(hereinafter referred to as the "local sponsor ").
WITNESSETH. THAT:
WHEREAS. the Fountain Creek. Pueblo. Colorado project was authorized for
construction in the Water Resources Development Act of 1986, Public Law 99-
662, Section 401; and
WHEREAS, the Water Resources Development Act of 1986. Public Law 99 -662.
specifies the cost - sharing requirements applicable to the Fountain Creek.
Pueblo. Colorado project; and
WHEREAS. the Fountain Creek. Pueblo. Colorado project was approved in the
Chief of Engineers' Report dated December 23. 1981; and
1
l�
WHEREAS, Public Law 99 -500 appropriated funds for initiation of
construction of the Fountain Creek, Pueblo. Colorado project in Fiscal Year
1987; and
WHEREAS. the local sponsor has the authority and capability to furnish the
cooperation hereinafter set forth and is willing to participate in project
cost - sharing and financing in accordance with the terms of this Agreement;
NOW. THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS
For purposes of this Agreement:
1. The term "project" shall mean the Fountain Creek. Pueblo, Colorado,
project recommended in the Chief of Engineers' Report approved December 23.
1981. and further defined in the Phase I General Design Memorandum dated March
1981. and the Phase II General Design Memorandum dated April 1985. The project
shall include all flood control and recreation features as described below.
(a) The flood control purpose consists of all the features of the
project which are not recreation features. Flood control features include, but
are not necessarily limited to, all lands. easements, rights -of -way. and
railroad, utility and facility alterations and relocations required for the
channel improvement and levee and flood wall construction. The flood control
features consist of approximately 11.500 feet of channel improvement. 8.800
feet of east bank levee. 900 feet of west bank levee, 700 feet of east bank
flood
wall. and 400
feet of west bank
flood wall. which will provide one
half
of one
percent chance
flood protection
to the downtown area of Pueblo to
the
west and to the adjacent east side residential area between 15th Street and
the confluence of Fountain Creek with the Arkansas River.
(b) The recreation purpose consists of the recreation facilities,
including Recreation Area No. - 1 ( picnic tables and shelters) located near the
2
upstream end of the project along the east levee and Recreation Area No. 2 (
picnic tables. picnic shelters. and a seating area) downstream from 8th Street
along the west side of the channel. A trail system will connect existing trail
facilities located downstream and upstream of the project and will include a
pedestrian bridge over Fountain Creek.
2. The term "total project costs" shall mean all costs incurred by the
local sponsor and the Government directly related to construction of the
project. Such costs shall include, but not necessarily be limited to. actual
construction costs. costs of applicable engineering and design, continuing
planning and engineering costs incurred after October 1. 1985, supervision and
administration costs. costs of project construction contract dispute
settlements or awards. costs of relocations of railroad bridges or approaches
thereto and the value of lands, easements, rights -of -way. relocations, and
dredged material disposal areas provided for the project by the local sponsor,
but shall not include any costs for betterments or operation and maintenance.
(a) The term "total project flood control costs" shall mean that portion
of the total project costs assigned to the flood control purpose which is
currently estimated to be $7.9 million.
(b) The term "total project recreation costs" shall mean the separable
portion of the total project costs assigned to the recreation purpose which is
currently estimated to be $700.000.
3. The term "period of construction" shall mean the time from the
advertisement of the first construction contract to the time of acceptance of
the project by the Contracting Officer.
4. The term "Contracting Officer" shall mean the Commander of the U.S.
Army Engineer District. Albuquerque. or his designee.
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5. The term "highway" shall mean any highway. thoroughfare, roadway,
street. or other public or private road or way.
ARTIC II - OBLIGATIONS OF THE PARTIES
a. The Government. subject to and using funds provided by the local
sponsor and appropriated by the Congress. shall expeditiously construct the
project. applying those procedures usually followed or applied in Federal
projects. pursuant to Federal laws, regulations. and policies. The local
sponsor shall be afforded the opportunity to review and comment on 'all
contracts, including relevant plans and specifications. prior to the issuance
of invitations for bids. The local sponsor also shall be afforded the
opportunity to review and comment on all modifications and change orders prior
to the issuance to the contractor of a Notice to Proceed. The Government will
consider the views of the local sponsor. but award of the contracts and
performance of the work thereunder shall be exclusively within the control of
the Government.
b. When the Government determines that the project, or functional
element thereof, is complete. the Government shall turn the project or
element over to the local sponsor. which shall accept the project or element
and be solely responsible for operating. maintaining, and rehabilitating the
project in accordance with Article VIII hereof.
c. As further specified in Article VI hereof. the local sponsor shall
provide, during the period of construction. a cash contribution of 5 percent
of total project flood control costs.
d. As further specified in Article III hereof. the local sponsor shall
provide all lands. easements. rights -of -way. and dredged material disposal
areas. and perform all relocations and alterations of buildings. utilities.
highways, railroads. bridges (other than railroad bridges and approaches
4
thereto), sewers, and related and special facilities determined by the
Government to be necessary for construction of the project.
e. If the value of the contributions provided under paragraphs c. and d.
of this Article represents less than 25 percent of total project flood control
costs, the local sponsor shall provide during the period of construction an
additional cash contribution in the amount necessary to make its total
contribution toward total project flood control costs equal to 25 percent of
total project flood control costs.
f. As further specified in Article VI hereof. the local sponsor shall
provide, during the period of construction, a cash contribution equal to 50
percent of total project recreation costs.
g. The local sponsor shall provide water for establishment and
maintenance of an irrigation system for recreation purposes.
h. No less than once each year the local sponsor shall inform affected
interests of the limitations of the protection afforded by the project.
i. The local sponsor shall publicize floodplain information in the area
concerned and shall provide this information to zoning and other regulatory
agencies for their guidance and leadership in preventing unwise future
development in the floodplain and in adopting such regulations as may be
necessary to prevent unwise future development and to ensure compatibility
with protection levels provided by the project.
j. The local sponsor shall provide, maintain, and operate a flood
warning system that would adequately warn floodplain residents of possible
flooding.
k. The local sponsor shall prescribe and enforce ordinances or
regulations to prevent obstruction of or encroachment on the project that
E
1.
would reduce the level of protection it affords or that would hinder its
operation and maintenance.
1. The local sponsor shall. prior to construction of the project. agree
to participate in and comply with applicable floodplain management and flood
insurance programs.
M. The local sponsor shall administer and assure access to the
recreation facilities and lands to all on an equal basis.
ARTICLE III - LANDS. FACILITIES. AND RELOCATION ASSISTANCE
a. Prior to the advertisement of any construction contract. the local
sponsor shall furnish to the Government all lands. easements. and rights -of-
way. including suitable borrow and dredged material disposal areas. as may be
determined by the Government to be necessary for construction of the project.
and shall furnish to the Government evidence supporting the local sponsor's
legal authority to grant rights -of -entry to such lands.
b. As the local sponsor is acquiring fee title estates for flood control
project purposes, in the land necessary to support the recreation facilities.
no additional interests in land will be needed to support recreational
development.
c. The local sponsor shall. should dredged materials disposal areas be
necessary. provide or pay to the Government the full cost of providing all
retaining dikes. wasteweirs. bulkheads. and embankments. including all
monitoring features and stilling basins. determined by the Government to be
necessary for construction of the project.
d. Upon notification from the Government. the local sponsor shall
accomplish or arrange for accomplishment at no cost to the Government of all
alterations and relocations of buildings. highways. railroads. bridges (other
than railroad bridges and approaches thereto). storm drains. utilities.
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cemeteries. and other facilities, structures, and improvements determined by
the Government to be necessary for construction of the project.
e. The local sponsor shall comply with the applicable provisions of the
Uniform Relocations Assistance and Real Property Acquisition Policies Act of
1970. Public Law 91 -646. approved January 2. 1971. in acquiring lands.
easements. and rights- of-may for construction and subsequent operation and
maintenance of the project. and inform all affected persons of applicable
benefits, policies. and procedures in connection with said Act.
ARTICLE IV - VALUE OF LANDS AND FACILITIES
a. The value of the lands. easements, and rights -of -way to be included
in total project costs and credited toward the local sponsor's share of total
project costs will be determined in accordance with the following procedures:
1. If the lands. easements. or rights -of -way are owned by the
local sponsor as of the date this Agreement is signed. the credit shall be the
fair market value of the interest at the time such interest is made available
to the Government for construction of the project. The fair market value shall
be determined by an appraisal, to be obtained by the local sponsor. which has
been prepared by an independent and qualified appraiser who is acceptable to
both the local sponsor and the Government. The appraisal shall be reviewed and
approved by the Government.
2. If the lands, easements. or rights -of -way are to be acquired by
the local sponsor after the date this Agreement is signed. the credit shall be
the fair market value of the interest at the time such interest is made
available to the Government for construction of the project. The fair market
value shall be determined as specified in subparagraph 1. above. If the local
sponsor pays an amount in excess of the appraised fair market value. it may be
entitled to a credit for the excess if the local sponsor has secured prior
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written approval from the Government of its offer to purchase such interest.
3. If the local sponsor acquires more lands. easements. or rights-
of-way than are necessary for project purposes, as determined by the
Government. then only the value of such portions of those acquisitions as are
necessary for project purposes shall be included in total project costs and
credited to the local sponsor's share.
4. Credit for lands. easements. and rights -of -way in the case of
involuntary acquisitions which occur within a one -year period preceding the
date this Agreement is signed or which occur after the date this Agreement is
signed will be based on court awards. or on stipulated settlements that have
received prior Government approval.
5. For lands. easements. or rights- of-way acquired by the local
sponsor within a five -year period preceding the date this Agreement is signed.
or any time after this Agreement is signed. credits provided under this
paragraph will also include the actual incidental costs of acquiring the
interest. e.g.. closing and title costs. appraisal costs. survey costs,
attorney's fees. plat maps. and mapping costs. as well as the actual amounts
expended for any relocation assistance provided in accordance with the
obligations under this Agreement.
6. As a result of actions performed by the local sponsor on behalf
of the project (i.e.. rezoning. and demolition of existing structures) on
certain of the lands the local sponsor is providing for the project. the fair
market value formula may not accurately reflect the credit the local sponsor
should receive for providing these certain lands. Therefore. subject to
Government review and approval. the credit given the local sponsor for these
lands will be the local sponsor's actual purchase price. plus the local
sponsor's actual incidental-costs of acquiring and providing the lands.
8
including expenses incurred for demolition, provided these costs are
reasonable. suditable. and allocable.
b. The costs of relocations or modifications of utilities or facilities
that will be included in total project costs and credited towards the local
sponsor's share of total project costs shall be that portion of the actual
costs incurred by the local sponsor as set forth below:
1. Highways and Highway Bridges: Only that portion of the cost as
would be necessary to construct substitute bridges and highways to the design
standard that the state of Colorado would use in constructing a new bridge or
highway under similar conditions of geography and traffic loads.
2. Utilities and Facilities (Including Railroads): Actual
relocation costs, less depreciation, less salvage value, plus the cost of
removal. less the cost of betterments. With respect to betterments. new
materials shall not be used in any relocation or alteration if materials of
value and usability equal to those in the existing facility are available or
can be obtained as salvage from the existing facility or otherwise. unless the
provision of new material is more economical. If. despite the availability of
used material. new material is used, where the use of such new material
represents an additional cost, such cost will not be included in total project
costs.
c. Pursuant to section 104 of P.L. 99 -662. the local sponsor has applied
to thq Secretary of the Army for credit for certain flood control work it
accomplished prior to November 17. 1986. including work done in clearing land
for project purposes. If the Secretary. in applying guidelines now being
promulgated to implement section 104. determines that the local sponsor is
entitled to credit against its share of total project costs for this project.
this Agreement shall be amended to reflect the Secretary's determination.
9
ARTICLE V - CONSTRUCTION PHASING AND MANAGEMENT
a. To provide for consistent and effective communication between the
local sponsor and the Government during the term of construction, the local
sponsor and the Government shall appoint representatives to coordinate on
scheduling, plans, specifications, modifications, contract costs. and other
matters relating to construction of the project.
b. The representatives appointed above shall meet as necessary during
the term of project construction and shall make such recommendations as they
deem warranted to the Contracting Officer.
C. The Contracting Officer shall consider the recommendations of the
representatives in all matters relating to the project. but the Contracting
Officer. having ultimate responsibility for construction of the project, has
complete discretion to accept. reject, or modify the recommendations.
ARTICLE VI - METHOD OF PAYMENT
a. The local sponsor shall provide. over the term of construction. the
amounts required under Article II. c.. II. e.. and II. f. of this Agreement.
Total project costs are presently estimated to be $8,600.000. In order to meet
its share. the local sponsor must provide a total cash contribution presently
estimated to be $1,320,000.
b. The local sponsor shall provide its required cash contribution in
proportion to the rate of Federal expenditures over the term of the
construction period in accordance with the following provisions:
1. For purposes of budget planning. the Government shall notify the
local sponsor by June 1 of each year of the estimated funds that will be
required from the local sponsor to meet its share of project costs for the
corresponding Government fiscal year.
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2. Sixty (60) days prior to the award of the first construction
contract. the Government shall notify the local sponsor of its share of
project costs, including costs attributable to the project incurred prior to
the initiation of construction. for the first fiscal year of construction.
Within 30 days thereafter. the local sponsor shall verify to the satisfaction
of the Government that it has deposited the requisite amount in an escrow
account acceptable to the Government, with interest accruing to the local
sponsor.
3. For the second and subsequent fiscal years of project
construction, the Government shall, 60 days prior to the beginning of the
fiscal year, notify the local sponsor of its share of project costs for that
fiscal year. No later than 30 days prior to the beginning of the fiscal year,
the local sponsor shall make the necessary funds available to the Government
through the funding mechanism specified above. As construction of the project
proceeds. the Government may adjust the amounts required to be provided under
this paragraph to reflect actual project costs.
4. If at any time during the period of construction the Government
determines that additional funds will be needed from the local sponsor to meet
its required share of project costs, the Government shall so notify the local
sponsor and the local sponsor, within 30 days from receipt of notice, shall
make the necessary funds available through the funding mechanism specified
above.
C. The Government will draw on the escrow account provided by the local
sponsor such sums as it deems necessary to cover contractual and in —house
fiscal obligations attributable to the project as they are incurred, as well
as project costs incurred by the Government prior to the initiation of
construction.
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d. Upon completion of the project and resolution of all relevant
contract claims and appeals, the Government shall compute the total project
flood control costs and total project recreation costs and tender to the local
sponsor a final accounting of its share of total project flood control costs
and total project recreation costs.
1. In the event the total contribution by the local sponsor is less
than its minimum required share of total project costs at the time of the
final accounting, the local sponsor shall. within 90 calendar days after
receipt of written notice. make a cash payment to the Government of whatever
sum is required to meet its minimum required share of total project costs.
2. In the event the local sponsor has made cash contributions in
excess of 5 percent of total project flood control costs and has provided
lands, easements. rights -of -way and relocations which when added to the actual
cash contribution made by the local sponsor exceed 25 percent of total project
flood control costs and results in the local sponsor's having provided more
than its required share of total project flood control costs as set forth in
Article II.e. of this Agreement. the Government shall within 90 days of the
final accounting, subject to the availability of appropriations. return said
excess of cash contributions to the local sponsor; provided. however, the
local sponsor shall not be entitled to any refund of the 5 percent cash
contribution required pursuant to Article II.c. hereof.
3. Additionally. in the event the value of lands. easements,
rights -of -way, relocations, and dredged material disposal areas provided by
the local sponsor when added to the required cash contribution of 5 percent of
the project flood control costs exceeds 50 percent of total project costs
allocable to the flood control features. the Government shall. subject to the
12
availability of appropriations, refund such excess to the local sponsor within
90 days of the final accounting.
4. In the event the local sponsor's total contribution for
recreation under this Agreement exceeds 50 percent of total project costs
allocable to recreation, the Government shall, subject to the availability of
apprppriations. return the excess to the local sponsor within 90 days of the
final accounting.
ARTICLE VII - DISPUTES
Before any party to this Agreement may bring suit in any court concerning
an issue relating to this Agreement. such party must first seek in good faith
to resolve the issue through negotiation or other forms of nonbinding
alternative dispute resolution mutually acceptable to the parties.
ARTICLE VIII - OPERATION, MAINTENANCE, AND REHABILITATION
a. The local sponsor shall operate, maintain, replace, and rehabilitate
the project or functional elements upon completion in accordance with
regulations or directions prescribed by the Government.
b. The local sponsor hereby gives the Government a right to enter. at
reasonable times and in a reasonable manner, upon land which it owns or
controls for access to the project for the purpose of inspection. and, if
necessary. for the purpose of completing. operating, repairing, maintaining.
replacing, or rehabilitating the project. If an inspection shows that the
local sponsor for any reason is failing to fulfill its obligations under this
Agreement without receiving prior written approval from the Government. the
Government will send a written notice to the local sponsor. If the local
sponsor persists in such failure for 30 calendar days after receipt of the
notice. then the Government shall have a right to enter. at reasonable times
and in a reasonable manner.,upon lands the local sponsor owns or controls for
13
access to the project for the purpose of completing. operating. repairing,
maintaining. replacing. or rehabilitating the project. No completion.
operation. repair. maintenance. replacement. or rehabilitation by the
Government shall operate to relieve the local sponsor of responsibility to
meet its obligations as set forth in this Agreement. or to preclude the
Government from pursuing any other remedy at law or equity to assure faithful
performance pursuant to this Agreement.
ARTICLE IR - RELEASE OF CLAIMS
The local sponsor shall hold and save the Government free from all
damages arising from the construction. operation, and maintenance of the
project, except for damages due to the fault or negligence of the Government
or its contractors.
ARTICLE R - MAINTENANCE OF RECORDS
The Government and the local sponsor shall keep books. records,
documents, and other evidence pertaining to costs and expenses incurred
pursuant to this Agreement to the extent and in such detail as will properly
reflect total project flood control costs and total project recreation costs.
The Government and the local sponsor shall maintain such books. records.
documents, and other evidence for a minimum of three years after completion of
construction of the project and resolution of all claims arising therefrom.
and shall make available at their offices at reasonable times. such books,
records. documents, and other evidence for inspection and audit by authorized
representatives of the parties to this Agreement.
ARTICLE RI - FEDERAL AND STATE LAWS
In acting under its rights and obligations hereunder, the local sponsor
agrees to comply with all applicable Federal and state laws and regulations,
including section 601 of Title'VI of the Civil Rights Act of 1964 (Public Law
14
88 -352) and Department of Defense Directive 5500.II issued pursuant thereto
and published in Part 300 of Title 32, Code of Federal Regulations, as well as
Army Regulation 600 -7. entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the Department of the Army."
ARTICL %II - RELATIONSHIP OF PARTIES
The parties to this Agreement act in an independent capacity in the
performance of their respective functions under this Agreement. and neither
party is to be considered the officer, agent, or employee of the other.
ARTICLE XIII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or resident commissioner. shall
be admitted to any share or part of this Agreement, or to any benefit that may
arise therefrom.
ARTICLE XIV - COVENANT AGAINST CONTINGENT FEES
The local sponsor warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon agreement or
understanding for a commission, percentage. brokerage. or contingent fee,
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the local sponsor for the purpose of securing business.
For breach or violation of this warranty. the Government shall have the right
to annul this Agreement without liability. or. in its discretion, to add to
the Agreement or consideration. or otherwise recover the full amount of such
commission. percentage. brokerage. or contingent fee.
ARTICLE BV - TERMINATION OR SUSPENSION
a. If at any time the local sponsor fails to make the payments required
under this Agreement, the Secretary of the Army shall terminate or suspend
work on the project until the local sponsor is no longer in arrears. unless
the Secretary determines that continuation of work on the project is in the
15
interest of the United States. Any delinquent payment shall be charged
interest at a rate. to be determined by the Secretary of the Treasury, equal
to 150 per centum of the average bond equivalent rate of the 13 —reek Treasury
bills auctioned immediately prior to the date on which such payment became
delinquent. or auctioned immediately prior to the beginning of each additional
3 —month period if the period of delinquency exceeds 3 months.
b. If the Government fails to receive annual appropriations in amounts
sufficient to meet project expenditures for the then — current or upcoming
fiscal year. the Government shall so notify the local sponsor. After 60 days
either party may elect without penalty to terminate this Agreement or to
suspend performance thereunder. and the parties shall conclude their
activities relating to the project and proceed to a final accounting in
accordance with Article DI.
c. Notwithstanding any other provision of this Agreement, if the award
of any contract for construction of the project would result in the total
obligations and expenditures for construction of the project exceeding
$9.030.000. the award of that contract and subsequent contracts shall be
deferred until such times as both parties to this Agreement agree to resume
construction of the project.
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ARTICLE XVI - NOTICES
a. All notices, requests, demands. and other communications required or
permitted to be given under this Agreement shall be deemed to have been duly
given if in writing and delivered personally. given by prepaid telegram. or
mailed by first -class (postage- prepaid), registered, or certified mail. as
follows:
If to the local sponsor:
Lewis A. Quigley
City Manager
City of Pueblo
PO Boa 1427
Pueblo, CO 81002 -1427
If to the Government:
Commander
U.S. Army Engineer District, Albuquerque
PO Boa 1580
Albuquerque, NM 87103 -1580
b. A party may change the address to which such communications are to be
directed by giving written notice to the other in the manner provided in this
section.
c. Any notice, request, demand, or other communication made pursuant to
this Article shall be deemed to have been received by the addressee at such
time as it is personally delivered or on the third business day after it is
mailed. as the case may be.
ARTICLE XVII - CONFIDENTIALITY
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To the extent permitted by the law governing each party, the parties
agree to maintain the confidentiality of exchanged information when requested
to do so by the providing party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
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ENT OF THE ARMY
Wl �'!
JGRN S. DOYLE, Jr.
Acting Assistant Secretary of
the Army (Civil Works)
DATE: B//wf
CITY OF PUEBLO
Cr
M. . 7 M ' •
President of
the City Council
DATE: 7Z1 ��-
City Clerk
APPROVED AS TO FORK:
City Attorney
EXHIBIT "A"
CERTIFICATE OF AUTHORITY
I.
. do hereby certify that I am the attorney for
the City of Pueblo. Colorado, that the City of Pueblo. Colorado, is a
legally constituted public body with full authority and legal capability to
perform the terms of the Agreement between the Department of the Army and the
City of Pueblo. Colorado. in connection with the flood control project on
Fountain Creek within and in the vicinity of the City of Pueblo. Colorado. and
is a "non - Federal interest" as defined in Section 221 of Public Law 91 -611.
and that the persons who have executed the Agreement on behalf of the City of
Pueblo. Colorado, have acted within their statutory authority.
IN WITNESS WHEREOF. I have made and executed this Certificate this day of
. 1987.
City Attorney
Colorado Registration No. 1593
20
ERSIBIT ^B
FOUNTAIN CREEK PROJECT
COST ESTIMATE
(October 1986 price levels with inflation through construction)
($1000)
PURPOSE: FLOOD CONTROL
Federal Non - Federal
Feature Cost Cost Total
Lands. Easements.and ROW - 994 994
Relocations - 16 16
Levees and Channel 6.890 - 6.890
Cash Contribution
(970) 970 -
SUBTOTAL 5.920 1.980 7.900
PURPOSE: RECREATION
Recreation 700 - 700
Cash Contribution (350) 350 -
SUBTOTAL 350 350 700
TOTAL, 6.270 2.330 8.600
22
ED
E
City of Pueblo
THOMAS E. JAGGER
City Attorney
127 West, First National Bank Bldg.
PUEBLO, COLORADO 81003
MEMORANDUM
TO:
Members
of
the City
Council and the
City Manager
FROM:
Thomas
J.
Florczak,
Assistant City
Attorney'I
DATE: July 27, 1987
RE: Local Cooperation Agreement - Fountain Creek Project
The resolution and ordinance on the agenda are both presented for
the purpose of approving the statutorily mandated agreement with
the Army for construction of the $8.6 million flood control
project on Fountain Creek. while it is necessary that this
particular agreement be formally adopted by ordinance, it is also
presented with a resolution so that the Government can proceed in
reliance on the resolution in meeting a timetable designed to
allow construction to "commence" before the end of the present
federal fiscal year, and thus demonstrate for Congress the need
for continuing appropriations for the project.
The agreement commits the City to:
(1) provide all lands, easements and rights of way necessary
for the project. [The value of these are presently estimated to
be approximately $1,175,000.1
(2) provide cash contribution of at least 5% of project
construction costs allocable to flood control costs and 50% of
construction costs for recreational facilities; and also provide
additional cash so that the aggregate value of lands and cash
contributed for flood control is at least 25% of project flood
control costs. [Total cash contribution under this formula is
estimated to be up to $1,320,000.1
(3) after completion, forever maintain, repair and rebuild
the facilities as necessary at City's sole expense.
The Agreement is the product of limited negotiation within the
confines of the authorizing legislation and other applicable
federal laws and policies. It is my opinion that the Agreement
reasonably and fairly establishes the City's obligations as
required by such federal laws and policies.
The City's cash contributions will be payable over 2 or possibly 3
federal fiscal years. Approximately $500,000 must be deposited in
escrow by the City within the next 4 to 8 weeks. The U.S. Depart-
ment of Housing and Urban Development has not yet approved an
advance of CDBG funds ( §108 loan application) for this project and
has expressed some indication that the project may not qualify for
a §108 loan. It would therefore be necessary for the City to
obtain these necessary funds from other sources. Subsequent cash
contributions apparently may be made from then current CDBG
entitlement funds, provided the funds are appropriately budgeted.
TJF /jp
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