Loading...
HomeMy WebLinkAbout2012-046-06/26/2012-AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER RESOLUTION 2012-046 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY FOR THE ANALYSIS AND DESIGN OF CERTAIN STORMWATER IMPROVEMENTS IN THE WEST VINE BASIN WHEREAS, in 1997, the City and Latimer County entered into an intergovernmental agreement for stormwater cooperation assigning responsibilities to each entity related to stormwater improvements in the West Vine Basin; and WHEREAS, in 2004, the City Council adopted the West Vine Basin Master Drainage Plan ("West Vine Plan"), including areas located in the northwest portion of the City and in Latimer County; and WHEREAS, City staff and Larimer County representatives ("Staff') have determined that certain stormwater improvements are needed in the West Vine Basin in light of existing circumstances and a road improvement project; and WHEREAS, in Staffs' opinion, the stormwater improvements that should immediately be analyzed and designed include the construction of an outfall channel and a regional detention pond; and WHEREAS, Staff has prepared a proposed Supplemental Intergovernmental Agreement Between the City and Latimer County for the Analysis and Design of Specific West Vine Basin Stormwater Improvements ("Supplemental IGA") that provides for the sharing of costs for the analysis and design of an outfall channel and a regional detention pond in the West Vine Basin;and WHEREAS, the City and the County are authorized by Article XIV, Section 18 of the Colorado Constitution and Section 29-1-102,et. seq. of the Colorado Revised Statutes,to enter into intergovernmental agreements for the purpose of providing any service or performing any function which each can perform individually; and WHEREAS,the City Council has determined that it is in the best interests of the City to enter into the Supplemental IGA. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the Supplemental IGA,in substantially the form shown on Exhibit A, attached hereto and incorporated hereby by this reference, with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines'to be necessary and appropriate to protect the interests of the City. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 26th day of June A.D. 2012. Mayor ATTEST: Interim City Clerk EXHIBIT A SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF ANALYSIS AND DESIGN OF SPECIFIC WEST VINE DRAINAGE BASIN IMPROVEMENTS THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this day of 2012, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City") and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO for the use and benefit of the Larimer County Public Works Department (the "County"). 1. RECITALS A. The parties to this Agreement entered into an Intergovernmental Agreement for Stormwater Cooperation in 1997 (hereafter referred to as "1997 Agreement") assigning responsibilities to the City and the County related to the West Vine Project and the 1997 Agreement remains in effect except with regard to terms and conditions related to the Dry Creek Project; and B. The parties to this Agreement wish to supplement the 1997 Agreement for purposes of the design and possible construction of a portion of the West Vine Project due to changed circumstances since 1997; and C. The parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. B. The West Vine Basin ("Basin") Master Drainage Plan was completed in 2002 and has been adopted by both the City and the County. C. The Basin is located both within the City and within the County, with the majority of the area being within the County. The area of the Basin within the County is within the City's Growth Management Area (GMA) and is expected to be annexed by the City in the future. D. The City and the County both collect stormwater fees from properties located within their respective areas of the Basin. Both the City and the County are authorized to use these fees for analysis, design, and construction of drainage improvements to the Basin. E. The City and the County each have authority to assume primary responsibility for managing the design and construction of improvements to the Basin. Page 1 of 5 F. The parties agree it is in their best interests to work cooperatively in the analysis, design, and construction of drainage improvements to the Basin, particularly with regard to a stormwater outfall channel from a proposed Forney stormwater detention pond at the intersection of Taft Hill Road and West Vine Drive northeast to the Cache la Poudre River, west of Shields Street. G. The City currently retains under contract a qualified engineering design consultant (the "Consultant") who is able to analyze and describe options for designing drainage improvements within the Basin (this work to be referred to as the "Alternative Analysis Phase"). When an alternative selection is made, the Consultant is also able to complete the final design work (this work to be referred to as "Final Design Phase".) The City also retains under contract a qualified construction contractor (the "Contractor") who is able to provide the City construction cost estimates and advice on constructability issues. H. The City, County, the City's Contractors, and the Consultant have estimated the cost to complete both the Alternative Analysis and Final Design Phases to be approximately $560,000 (Five hundred and sixty thousand dollars). The scope of the Alternative Analysis and Final Design Phases collectively will include improvements to the Basin beginning west of Taft Hill Road at the proposed Forney Regional Detention Pond, proceeding northeasterly until intersecting with the Cache la Poudre River at a location in the vicinity of North Shields Street. I. The City and County agree the City will assume primary responsibility, with close coordination by the County, in determining the scope of work and budget to be issued to the Consultant. J. This Agreement sets out the terms under which the parties will cover the costs for the Alternative Analysis and Final Design Phases. Subsequent amendment to this Agreement or a separate agreement may be necessary to address the terms and conditions including the sharing of costs for the construction of the designed stormwater improvements within the West Vine Basin. II. CONSIDERATION NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: III. TERMS 1. The City and the County intend ultimately to evenly split the costs associated with completing all phases, including the analysis, design and construction, of improvements to the West Vine Basin. 2. A document describing the cost estimate associated with completing both the Alternative Analysis and Final Design Phases is marked as Exhibit "A" and attached hereto and incorporated by reference. The total cost estimate for both the Alternative Page 2 of 5 Analysis and Final Design Phases combined is approximately$560,000 (Five hundred and sixty thousand dollars). 3. As of the date of this Agreement, the City has paid or will pay any and all costs associated with the Alternative Analysis Phase, estimated to be approximately $145,000 (One hundred and forty-five thousand dollars) out of its own funds. 4. Upon execution of this Agreement, the County shall transfer to the City no less than $487,500 (Four hundred eighty-seven thousand and five-hundred dollars), which is an amount equal to half the cost of the Alternative Analysis Phase and all of the estimated cost of the Final Design Phase. The County is reimbursing the City for half the cost of the Alternative Analysis Phase with this transfer. The County will transfer such funds from the West Vine Basin stormwater fees it has collected. This transfer shall be made such that the funds are available prior to the Consultant beginning work on the Final Design Phase. 5. The County authorizes the City to pay and the City will pay the Consultant's and the Contractor's fees and expenses for completing the Final Design Phase from those funds transferred by the County from its West Vine Basin stormwater fees, provided that the Fort Collins City Council approves an appropriation ordinance authorizing such expenditure. The City will, at such time that payment is required, be responsible for paying one-half(1/2) the cost of any West Vine Basin stormwater construction work that the parties might agree to through subsequent agreement or amendment, provided that such expenditure is authorized through the City's budgeting process. As part of this future construction phase agreement, the City will credit or reimburse the County for one-half(1/2) of the costs and expenses associated with the Final Design Phase. 6. The City shall maintain accurate accounts of all Alternative Analysis and Final Design Phase expenditures that are paid from the fees transferred by the County. The City shall provide to the County information detailing incremental and total Alternative Analysis and Final Design Phase expenditures and the remaining balance of funds on at least a quarterly basis. 7. The City shall notify and obtain the County's consent prior to authorizing any changes in the scope of services or other expenditures that would cause costs to exceed the amount budgeted in Exhibit A. 8. The City and County shall each designate a representative to serve on the Alternative Analysis and Final Design Phases design team. The City and County will cooperate in the review of the analysis, design and creation of the design drawings and specifications. Such review shall include input by appropriate technical specialists from both the City and the County staff. 9. Following completion and acceptance of the Alternative Analysis and Final Design Phases from the consultant, the City and County shall determine if adequate funds Page 3 of 5 are available for the construction of selected improvements to the Basin or to acquire land necessary for the construction of any or all of the improvements to the Basin. If the City and County determine that adequate funding is not available to acquire needed land or to construct the designed improvements, the City shall refund to the County the balance of any unused stormwater fees transferred by the County for the Alternative Analysis and Final Design Phases. If adequate funding is available to acquire land or construct improvements, the balance of the Alternative Analysis and Final Design Project funds shall be incorporated into the construction budget as may be agreed upon by the City and County in a subsequent agreement or as addressed in the 1997 Agreement. 10. The City accepts no responsibility or liability for the services to be performed by the Consultant or the Contractor. 11. The Cities' financial obligations under this Ancillary Agreement are contingent upon the annual appropriation, budgeting and availability of specific funds to discharge those obligations. Nothing in this Agreement shall create a payment guaranty to the County or a debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any similar provisions of the City's charter or ordinances. 12. The City and County intend that this Agreement bind them, their officers and employees. Either party shall be permitted to specifically enforce any provision of this Agreement in a court of competent jurisdiction. 13. This Agreement shall constitute the entire understanding of the parties hereto with regard to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Name Title ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Page 4 of 5 BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO For the use and benefit of the Larimer County Public Works Department By: Name Title ATTEST: County Clerk APPROVED AS TO FORM: Deputy County Attorney Page 5 of 5