HomeMy WebLinkAbout2013-088-11/05/2013-AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER RESOLUTION 2013-088
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
CONSTRUCTION OF CERTAIN STORMWATER IMPROVEMENTS IN THE
WEST VINE BASIN
WHEREAS, in 1997, the City and Larimer County entered into an intergovernmental
agreement for coordinated stormwater management, assigning responsibilities to each entity
related to needed stormwater improvements in the West Vine Basin (the "IGA"),- 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
Larimer County; and
WHEREAS, City staff and Larimer County representatives have determined that certain
stormwater improvements are needed in the West Vine Basin due to existing conditions and
Latimer County's North Shields Street widening project; and
WHEREAS, in conjunction with the County project, which began in 2011, City staff
identified stormwater improvements that needed analysis and design under the City and
County plans, including construction of an outfall channel and a regional detention pond in
the north Shields Street area; and
WHEREAS, in 2012, the City and the County entered into an amendment to the IGA
to share the analysis and design costs for the outfall channel, with the understanding that a
further amendment would occur prior to construction of the outfall channel; and
WHEREAS, staff of both jurisdictions have prepared a proposed Supplemental
Intergovernmental Agreement Between the City and Latimer County for the Construction of
Specific West Vine Basin Stormwater Improvements ("Supplemental IGA") that provides for the
sharing of costs for the construction 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.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of November A.D. 2013.
Mayor Pr6ITem
ATTEST:
OF FORT
City Clerk
cOLQRAO0
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EXHIBIT A
SECOND SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT FOR
FUNDING OF
CONSTRUCTION OF SPECIFIC WEST VINE DRAINAGE BASIN
IMPROVEMENTS
THIS SECOND SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT
(the "Agreement") is made and entered into this day of 2013,
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 Latimer County Public Works
Department(the "County").
I. 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 previously supplemented the 1997 Agreement in
April 2012 for purposes of the design of a portion of the West Vine Project
("2012 IGA Amendment"); and
C. The parties to this Agreement wish to adopt an additional supplement to the 1997
Agreement for purposes of the construction of a portion of the West Vine
Project, due to changed circumstances since 1997; and
D. The parties to this Agreement have the authority pursuant to Article XN, Section
13 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.
E. The West Vine Basin ("Basin") Master Drainage Plan, a component of the West
Vine Project, was completed in 2002 and has been adopted by both the City and
the County.
F. The Basin is located both within the City and within the County, with the
majority of the basin 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.
G. 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
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authorized to use these fees for the analysis, design, and construction of drainage
improvements to the Basin.
H. The City and the County each have authority to assume primary responsibility
for managing the design and construction of improvements to the Basin.
1. The parties agree it is in their best interests to work cooperatively in the
construction of drainage improvements to the Basin, particularly with regard to
the northern portion of a stormwater outfall channel from a proposed Forney
stonmwater detention pond at the intersection of Taft Hill Road and West Vine
Drive northeast to the Cache la Poudre River, west of Shields Street.
J. The City currently retains under contract a qualified engineering design
consultant (the "Consultant") who is completing the final design of drainage
improvements within the Basin (this work to be referred to as the "West Vine
Outfall Project" or "Project"). The City also retains under contract a qualified
construction contractor (the "Contractor") who is able to construct the West Vine
Outfall Project in collaboration with City and County staff.
K. The City, County, the City's Contractor, and the Consultant have estimated the
cost to complete construction of the West Vine- Outfall Project to be
approximately $2,301,000 (Two Million Three Hundred and One Thousand
Dollars). The scope of the construction of the Project will include improvements
to the Basin beginning at West Vine Drive, west of North Shields Street, .
proceeding north until intersecting with the Cache la Poudre River at a location
in the vicinity of the North Shields Street Bridge over the Cache la Poudre River.
L. 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 Contractor.
M. This Agreement sets out the terns under which the parties will cover the costs
for the construction of the West Vine Outfall Project, as part of the West Vine
Project in the 1997 Agreement. Subsequent sharing of costs for the future design
and construction of the stormwater improvements within the Basin, west of
North Taft Hill Road will be agreed to in writing by the City and County-under
the auspices of this Agreement.
N. The City and County agree to amend the calculation of payments by each entity
under the 1997 Agreement to reflect a mutually agreeable payment structure, in
lieu of a payment format based solely on fees collected by each entity within the
Basin. The payment structure hereafter will be based on a comparison of available
funds to respective project needs. This amended payment process will be utilized
for all future phases of construction within the Basin, though the exact cost-
sharing balance may vary slightly between projects.
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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 to share the costs associated with
completing the construction of improvements to the West Vine Basin.
2. A document describing the cost estimate associated with constructing the
West Vine Outfall Project is marked as Exhibit "A"and attached hereto and incorporated
by reference. The total cost estimate for the construction of the West Vine Outfall
Project is approximately$2,301,000 (Two Million Three Hundred and One Thousand
Dollars).
3. As of the date of this Agreement, the City has paid or will pay a portion of
the costs associated with the construction of the Project, estimated to be approximately
$1,201,000 (One Million Two Hundred and One Thousand Dollars) out of its own
funds. As of the date of this Agreement, the County has paid or will pay a portion of the
costs associated with the construction of the Project, estimated to be approximately
$1,100,000(One Million One Hundred Thousand Dollars) out of its own funds.
4. Upon execution of this Agreement, the County shall transfer to the City no
less than$612,500 (Six Hundred and Twelve Thousand and Five Hundred Dollars). Per
the April 2012 IGA Amendment, the City is crediting the County for one-half(1/2) the
cost of the previous completed Design Phase with this transfer. The County will transfer
such funds from the Basin stormwater fees it has collected. This transfer shall be made
such that the funds are available prior to the Notice of Award to the Contractor to begin
work on the construction of the Project.
5. The County authorizes the City to pay and the City agrees to pay the
Contractor's fees and expenses for completing the construction of the Project from those
funds transferred by the County from its Basin storm water fees, provided that the Fort
Collins City Council approves an appropriation ordinance authorizing such expenditure.
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6. The City shall maintain accurate accounts of all Project construction
expenditures that are paid from the fees transferred by the County. The City shall
provide to the County information detailing incremental and total Project construction
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.
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S. The City and County shall each designate a representative to serve on the
Project construction team. The City and County will cooperate in the oversight of the
construction process. Such oversight shall include input by appropriate technical
specialists from both the City and the County staff.
9. Furthermore, conceptual desilm work for the Basin has been completed by
the Consultant per the 2012 IGA Amendment. This conceptual design work encompasses
the Project from the confluence with the Cache la Poudre River northwest through Vine
Drive, and west to the City-owned Forney Pond at the southeast comer of Vine Drive and
Taft Hill Road. The City and County agree that as additional stormwater funds become
available, that they, by mutual agreement, may continue to complete the final design of
the Project, acquire the necessary easement or rights-of-way, and construct improvements
for the project area described above.
10. The City accepts no responsibility or liability for the services to be
performed by the Consultant or the Contractor.
It. Due to City and County boundaries that have changed since the 1997 IGA,
the City and County agree to amend Section 4.D of the 1997 Agreement to reflect a
mutually agreeable payment structure, in lieu of a payment format based solely on the
percentage of basin fees collected by each entity within the Basin. Future cost sharing
between the City and the County for work within the Basin will be based upon mutually
agreeable cost participation, including considering available funds to respective project
needs, regardless of stormwater basin fees collected by either entity. This amended
payment process will be utilized for future phases of design and construction within the
Basin, though the exact cost-sharing balance may vary slightly between projects. The
specific cost participation agreements will be reduced to writing in the form of addenda
to this Agreement or separate memoranda of understanding between the parties
referencing this Agreement.
12. The City's and County's financial obligations under this 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
by either party 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.
13. 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.
14. This Agreement, incorporating the 1997 Agreement and 2012 IGA
Amendment, shall constitute the entire understanding of the parties hereto with regard to
the subject matter hereof.
[Remainder of Page Intentionally Left Blank]
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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
BOARD OF COMMISSIONERS OF
LARIMER COUNTY, COLOR-ADO
For the use and benefit of the Larimer
County Engineering Department
By:
Name Title
ATTEST:
County Clerk
APPROVED AS TO FORM:
County Attorney
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