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.
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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
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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
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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
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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
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