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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. _ 1 _ 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 - 2 - 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 Pagel of 5 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. Page 2 of 5 ' l 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. J 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. Page 3 of 5 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] Page 4 of 5 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 Page 5 of 5