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Resolution 2016-52
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Resolution 2016-52
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Last modified
3/12/2021 4:16:19 PM
Creation date
11/2/2016 9:51:25 AM
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Template:
City Council Records
Doc Type
Resolution
Ord/Res - Year
2016
Ord/Res - Number
52
Original Hardcopy Storage
7D6
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RES 2016-52
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AMENDMENT TO <br />AGREEMENT REGARDING <br />FINAL DESIGN, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION <br />OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR DRAINAGEWAY A-2, <br />CITY OF LOUISVILLE AND CITY OF LAFAYETTE <br />Agreement No 11-04 03F <br />Project No 100287 <br />THIS AGREEMENT, made this ' day of NoJeArc , 2016, by and <br />between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), <br />CITY OF LOUISVILLE (hereinafter called "CITY"), and CITY OF LAFAYETTE (hereinafter called <br />"LAFAYETTE") and collectively known as "PARTIES", <br />WITNESSETH <br />WHEREAS, DISTRICT, CITY, and LAFAYETTE have entered into "Agreement Regarding Final <br />Design, Right -of -Way Acquisition and Construction of Drainage and Flood Control Improvements for <br />Dramageway A-2, City of Louisville" (Agreement No 11-04 03) dated July 21, 2011, as amended, and <br />WHEREAS, improvements along PROJECT are being constructed by CITY, and PARTIES desire <br />to reimburse CITY for construction costs, and <br />WHEREAS, the City Councils of CITY and LAFAYETTE and the Board of Directors of <br />DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective <br />PARTIES <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto <br />agree as follows <br />1 Paragraph 5 MANAGEMENT OF FINANCES is deleted and replaced as follows <br />5 MANAGEMENT OF FINANCES <br />As set forth in DISTRICT policy (Resolution No 11, Senes of 1973, Resolution No 49, <br />Series of 1977, and Resolution No 37, Series of 2009), the funding of a local body's share <br />may come from its own revenue sources or from funds received from state, federal or other <br />sources of funding without limitation and without pnor DISTRICT approval <br />Within 30 days of request for payment by CITY, DISTRICT shall remit to CITY 50% of the <br />costs attributed to PROJECT, up to a maximum amount of $3,468,427 plus accumulated <br />interest CITY shall provide a periodic accounting of PROJECT funds as well as a penodic <br />notification to DISTRICT of any unpaid obligations <br />2 Paragraph 8 MANAGEMENT OF CONSTRUCTION is deleted and replaced as follows <br />8. MANAGEMENT OF CONSTRUCTION <br />A Costs. Construction costs shall consist of those costs as incurred by the lowest <br />acceptable bidder(s), including detour costs, licenses and permits, utility relocations, <br />and construction related engineering services as defined in Paragraph 4 of this <br />Agreement <br />\dcm\agrmnt\11/110403F 1 <br />
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