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HomeMy WebLinkAboutC08-303AGREEMENT BETWEEN EAGLE COUNTY, COLORADO; EAGLE-NAIL METROPOLITAN DISTRICT; EAGLE-NAIL PROPERTY OWNERS ASSOCIATION; COLORADO WATER CONSERVATION BOARD; STONE CREEK FLOODPLAIN COMMITTEE FOR THE STONE CREEK FLOODPLAIN MAPPING PROJECT This Agreement is entered into on this ~_ day of 0~~~~~, 2008 by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic ("County"), the EAGLE-NAIL METROPOLITAN DISTRICT, by and through its Board of Directors, EAGLE-NAIL PROPERTY OWNERS' ASSOCIATION, by and through its Board of Directors, COLORADO WATER CONSERVATION BOARD, by and through its Board of Directors, and the STONE CREEK FLOODPLAIN COMMITTEE, a subcommittee of the EAGLE-NAIL PROPERTY OWNER'S ASSOCIATION, by and through its constituents, collectively known as the "Parties." RECITALS: WHEREAS, the Federal Emergency Management Agency ("FEMA") has issued certain Flood Insurance Rate Maps for floodplain delineation in conformance with the National Flood Insurance Program ("NFIP"); and WHEREAS Flood Insurance Rate Map numbers 08037C0651D and 08037C0632D, with effective dates of December 4, 2007, contain a Zone "A" Special Flood Hazard Area ("SFHA") delineation for Stone Creek and Golf Club Creek as shown in area maps included in Exhibit "A," attached hereto and incorporated herein by this reference; and WHEREAS, the accuracy of those particular SFHA designations has been called into question, due to approximate mapping techniques, inaccurate source maps, and other unknown conditions; and WHEREAS, numerous Eagle Vail residents, by virtue of the potentially inaccurate SFHA designations, may have had their structures inaccurately designated within the SFHA, and are now required to purchase mandatory floodplain insurance coverage in conformance with the National Flood Insurance Reform Act of 1994; and WHEREAS, numerous other Eagle Vail residents, by virtue of not having an accurate SFHA delineated, may be subject to an increased flooding risk that has not been identified; and WHEREAS, the FEMA has stated that it will not accept Letters of Map Amendment for individual property owners to remove themselves from a SFHA designation, but will only accept a community driven Letter of Map Revision ("LOMR"); and WHEREAS, the Parties desire to jointly fund the preparation of a LOMR, which will require the preparation of a detailed floodplain study for the area, including a revised LOMR (the "Project"); and WHEREAS, the Parties have requested the County's assistance in soliciting and selecting a consultant to perform services related to the Project and desire the County to enter into an agreement with such a consultant for this purpose; and WHEREAS, the Parties have agreed to contribute to a funding account to fund this Project as follows: County: $8,333.00; Property Owners: $5,000.00; Metro District: $5,000.00; Committee: $6,667.00; and CWCB: $25,000 as a 50% matching funds grant that shall be allocated from purchase orders upon receipt of pay applications; and WHEREAS, it is understood and agreed by the Parties that the costs for the Project shall be allocated as follows: County: 16.667%, Property Owners: 10%, Metro District: 10%, Committee: 13.333%, CWCB: 50% NOW, THEREFORE, in consideration of the mutual conditions contained herein, the Parties agree as follows: FLOODPLAIN STUDY PROJECT. The County shall solicit, select and contract with a consultant specializing in the study of floodplain delineations, FEMA processes, and public outreach (the "Consultant") to provide all services required for the Project, per the "Request for Proposals," attached hereto as Exhibit "B." A selection committee consisting of not more than one interested member from any of the Parties shall aid the County in selecting the Consultant for this Project. 2. COST SHARING. The Parties agree to pay all costs related to the Project according to the following breakdown, provided that the Total Cost does not exceed $50,000.00 (the "Maximum Price"). Par Shared Amount Percenta e Count U to $8,333.00 16.667% Pro ert Owners U to $5,000.00 10% Metro District U to $5,000.00 10% Committee U to $6,667.00 13.333% CWCB U to $25,000 50% TOTAL COST U to $50,000 100% NOT TO EXCEED AMOUNT. The Parties acknowledge that the actual cost may be less than the Maximum Price; in such case the amount paid shall be in accordance to the percentage as set forth above. If, at any time, the actual cost exceeds the Maximum Price, the County shall inform all 2 Parties as to the amount over the Maximum Price and the reasons for the cost increase. Only after all Parties have agreed in writing to authorize these additional funds and have provided the additional funds shall the Project proceed. If one or more of the Parties does not agree to authorize additional funds to complete the Project, the remaining of the Parties may re-negotiate their proportional share to be contributed and upon the written agreement of the remaining Parties, the Project may proceed. 4. NOTICE TO PROCEED AND COMPLETION TIME. If the selected Consultant's proposed cost is $50,000 or less, the County shall issue a Notice to Proceed to the Consultant for the Project. Completion Time for the Project shall be no later than April 30, 2010, including the FEMA LOMR completion. As a condition precedent to the issuance of the Notice to Proceed, the County shall request that all Parties deposit with the County their proportional share to fund the Project as described in Paragraph 2 above, and all said deposits shall have been paid to and received by the County. 5. FUNDING OF THE PROJECT. Each Party individually represents and warrants to the other Parties that each has duly budgeted, appropriated and has in reserve and on or before the date that this agreement is executed that it will deliver sufficient funds to the County to be placed in a segregated or designated account or subaccount ("Funding Account") to meet its financial obligations hereunder. The County shall be responsible for contracting with the Consultant. The County shall not contract with the Consultant until all funds have been received from each of the Parties, with the exception of the CWCB grant; attached as Exhibit "C" and incorporated herein by this reference. Upon receipt of valid pay applications, the County will invoice CWCB for their proportionate share, and upon receipt of the funds from CWCB, the County will pay the Consultant's fee utilizing the Funding Account, approved by the County, in substantial compliance with the County's standard bill paying procedures. The County shall provide monthly breakdowns to each Party in accordance with the Consultant's invoices and shall detail each Party's respective share as based upon the percentages as set forth in Section 2 herein. 6. FINAL RECONCILIATION. Within thirty (30) days of completion of the Project, County shall prepare and present to the Parties a final reconciliation ("Final Reconciliation") setting forth the Project costs and expenditures. If excess funds are available in the Funding Account, the County shall, within thirty (30) days of completion, remit payment to all Parties based on each Party's percentage allocation of costs actually contributed as set forth herein. 3 ASSIGNABILITY. This agreement shall be binding upon the respective Parties hereto, their successor or assigns, and may not be assigned by anyone without the prior written consent of the respective Parties hereto. RELATIONSHIP OF THE PARTIES. By executing this Agreement, no Party shall be deemed to assume any liability for intentional or negligent acts, errors, or omissions of another Party or any officer or employee thereof. No agent, employee or volunteer of any Party hereto shall be deemed an agent, employee or volunteer of any other Party under this Agreement. Nothing herein is intended to or waives any Party's immunities at law, including provisions of the Governmental Immunity Act. 9. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law, nor does any Party waive its immunities at law, including immunity granted under the Colorado Governmental Immunity Act. 10. NONWAIVER OF RIGHTS. No waiver of default by the Parties of any of the terms, covenants, and conditions hereof to be performed, kept and observed by the other Parties shall be construed, or shall operate as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained, to be performed, kept and observed by the other Parties. 11. SEVERABILITY. It is understood and agreed by and between the Parties that if any covenant, condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, or otherwise appears to be invalid, such invalidity shall not affect the validity of any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice any of the Parties in their respective rights and obligations contained in the remaining valid covenants, conditions and provisions of this Agreement. 12. INTEGRATION. This Agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire Agreement between the Parties hereto. No prior or contemporaneous addition, deletion or other amendment shall have any force of effect, unless embodied herein in writing. 13. MODIFICATION. Modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall not be valid unless in writing and duly executed by the Parties herein. 4 14. CAPTIONS. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 15. INDEMNIFICATION. To the extent allowable by state law, the Parties agree that each shall indemnify the other, their officers, employees and agents from and against any claims, damages, losses or expenses which are the result of negligent acts or omissions of their respective officers, employees or agents in connection with this Agreement. 16. GOVERNING LAW AND JURISDICTION. This Agreement and all disputes arising hereunder shall be governed by the internal laws of the State of Colorado and the Parties agree that venue and jurisdiction over any claim arising from this Agreement shall lie in the courts of the Fifth Judicial District of Colorado. In the event of litigation, the prevailing Party shall be entitled to its attorney's fees and costs. 17. APPROPRIATION LIMITATION. The Parties hereto agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available as set forth in Section 2. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of each of the Parties. Should any of the Parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by any of the Parties to this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to in respect of any period after December 31, 2008 without an appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget law (C.R.S. 29- 1-101 et. Seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 18. NOTICES. Any notice required under this Agreement may be personally delivered or mailed in the Unites States Mail, first class postage prepaid to the Party to be served at the following addresses: a. COUNTY: Eagle County Engineering Department, Attention: Greg Schroeder, PO Box 850, Eagle CO, 81631. Facsimile: (970)328-8789. b. EAGLE-NAIL METROPOLITAN DISTRICT: PO Box 5660, Avon, CO 81620. Facsimile (970)949-0520. 5 c. EAGLE-NAIL PROPERTY OWNERS ASSOCIATION: PO Box 1282, Avon, CO 81620. Facsimile (970)748-0863. d. COLORADO WATER CONSERVATION BOARD: Attention: Kevin Houck, 1313 Sherman Street, Room 721, Denver, CO 80203. Facsimile (970)866-4474. e. STONE CREEK FLOODPLAIN COMMITTEE: c/o Eagle- Vail Property Owners Association, PO Box 1282, Avon, CO 81620. Facsimile (970)748-0863. Notices personally served shall be deemed served on the date of delivery. If mailed, such notice shall be deemed to be given when deposited in the United States mail, with postage thereon prepaid. If transmitted by teletype, electronic message, facsimile or other wire or wireless communication, such notice shall be deemed to be given when the transmission is completed. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // 6 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures this c7~ day of Ot.~e~- , 2008. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS O~ F,pGLE cGG ~e ~ _ Clerk to the Bo rd of County wRp~c P ter F. Runyon, Chairman Commissioners Ih4i '. ;,~-..--~-- : ICS of ~ ATTEST: EAGLE-NAIL METROPOLITAN DISTRICT ATTEST: ATTEST: Y ~~~~~~~ EAGLE-NAIL PROPERTY OWNERS' ASSOCATION By: STONE CREEK FLOODPLAIN COMMITTEE (Signed by EVPOA) By: 7 € I~~1 ~ s~ ~f€g~ ~~ 3 ~ ~ l 3 l i g $~ ~SZ g s~ ~~~~ €~ e $ i~ 9 ;9 ~t~ ii ;;~~ a ~ ~ @ ~ E ~ ~ ~ j g ~ ~ 1 9 € 3 9 S~ ~$~~ i@ ~ ~ ~ := iB's' Q a s ~ ~~ ~af $ " ~ ~ ~ $ j t ; 9 ~~ ~ ~ s ~i ~ ~ a ~ ~ 'sa ~ 8 ~$ a~ 3 ~ ~ ~F F€ 5 p .~~ `~ ~ ~ _` I g i s _~ F s~ g6 i a ti $s i ~ ~ ~ s 4. 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AND INCORPORATYD AREAS PANEl682 OF 11YE ~..•. ~icoMea°ESo UECEMlEREI, YB07 Rehld ~~y E+~IRLw Agmy EXHIBIT B STONE CREEK FLOODPLAIN STUDY PROJECT REQUEST FOR PROPOSALS August 25, 2008 Eagle County Engineering Department PO Box 850 500 Broadway Eagle, CO 81631-0850 (970)328-3560 www.eaglecounty.us ~t~GL~ COUNTY Stone Creek Floodplain Study Project August 25, 2008 STONE CREEK FLOODPLAIN STUDY PROJECT SCOPE OF SERVICES and REQUEST FOR PROPOSALS Background Eagle-Vail is an unincorporated community within Eagle County, located along the I-70 corridor between the Towns of Avon and Vail. Originally platted in the early 1970's, the community consists of approximately 1,500 lots containing single-family, multi-family, and commercial uses. An 18-hole golf course is contained within the community, and Stone Creek flows north to northwest through the community and golf course. Stone Creek and the associated Golf Course Creek flows approximately 1.5 miles throughout the golf course and neighborhood. See the attached area map of the Eagle- Vail study area. The study area consists of the corridor from the confluence with the Eagle River to the residential limit and golf course extent in the southeast corner. In 1977, Eagle County joined the NFIP. 1978 saw the first iteration of flood hazard maps, of which Stone Creek was not mapped. The 1983 FIRM release contained an approximate Zone A mapping of Stone Creek. Eagle County became a DFIRM compliant community in 2007. The 2007 mapping update contained many large mapping efforts including the Eagle River, lower Colorado River, Roaring Fork River, Gore Creek, and portions of Brush Creek. Stone Creek was not updated in the 2007 mapping, and still used the original 1983 approximate Zone A delineation. The accuracy of the approximate Zone A has been in question due to portions of the SFHA existing entirely outside of the creek boundary. The location of this SFHA has been particularly troublesome to many Eagle-Vail residents who are required by mandatory purchase guidelines for their mortgages to obtain flood insurance. Furthermore, other residents, by virtue of not having an accurate SFHA delineated, may be endangered due to flooding risk. A normal process to exclude a structure from a SFHA if the property owner believes their structure to not be within is FEMA's LOMA process. FEMA has recognized that the SFHA along Stone Creek is inaccurate, and will only accept a community based LOMR submittal to properly delineate the SFHA. Scope The County has partnered with the Eagle-Vail Metropolitan District, the Eagle- Vail Property Owners' Association, the Colorado Water Conservation Board, and the Stone Creek Floodplain Committee seeking funds for this project. The Floodplain Committee consists of several of the homeowners that are currently affected by the mapping inaccuracy and may be currently paying a high premium through their mortgage provider for floodplain insurance. The CWCB has offered a matching funds grant to assist on this project. The County shall administer the project with the selected consultant. The consultant shall perform the following services: Page 2 of 9 Stone Creek Fooodplain Study Project August 2S, 2008 1. Gather all site data relevant to performance of the below mentioned services. a. The following data is available to the consultant for this project: i. Eagle County has 2 foot interval aerial topography from its 1998 aerial mapping. The County also has 1998 1' resolution digital aerial mapping, and 1994 0.5' resolution digital aerial mapping. GIS data including parcels, streams, building footprints, plat maps, etc. are also available. ii. Eagle County's current DFIRM mapping, FIRM maps, FIS reports. iii. Plats, covenants, and other public records are available from the County. iv. A 1986 floodplain study performed by the CWCB for Stone Creek. v. Eagle-Vail Metropolitan District has 2 foot aerial topography. vi. HEC-RAS data for the Eagle River b. The consultant may need to acquire other sources of data, including, but not limited to: i. Detailed field survey information, including lowest adjacent grades ("LAG") to flood prone structures. ii. Photographs of the site. iii. Streamflow information. 2. Produce a detailed floodplain study, suitable for submission to FEMA for the LOMR process. a. The study shall contain hydrology characteristics for the Stone Creek watershed, with the appropriate flood frequency calculations. b. The study shall contain hydraulic calculations for the Stone Creek and Golf Club Creek corridors that pass through the subdivision. A FEMA accepted hydraulic modeling software package shall be utilized, such as HEC-RAS. Page 3 of 9 Stone Creek Floodplain Study Project August 25, 2008 The detailed study shall produce maps and profiles for the 10, 50, 100, and 500 year hydrology detailing the BFE, Zone AE SFHA, and floodway as suitable for FEMA's LOMR process. d. The study shall analyze all flood control measures within the study area, including the Stone Creek Easement channel located west of Hole #2, and identify its utilization. The study shall make recommendations for any feature, such as bridges, culverts, channel specifics, etc. that could impair the flooding characteristics within the study area, and shall show on a map and profile the results of those recommendations. f. The study shall be made available in hard copy format, and in electronic format (PDF) for the purpose of distribution of copies. Additionally, all electronic data formats for all data involved in this project shall be deliverable to the County on electronic media, in its original format. Assist the County in a series of stakeholder meetings with the above mentioned Parties in the presentation of the findings of the detailed floodplain study, the FEMA LOMR submission process, the public review process, and the final mapping revision. The consultant shall have good public speaking and interpersonal skills capable of explaining the technical merits of the floodplain study to all stakeholders. b. The consultant shall work with the stakeholders prior to the LOMR submission to minimize any technical challenges during the public notification phase. c. The consultant shall be knowledgeable with NFIP insurance requirements, including grandfathering conditions, preferred risk policies, premium refund procedures, and changes in the SFHA as it affects new or existing structures and property owners. 4. Submit a LOMR application to FEMA and ensure a turnkey completion and adoption of the revised FIRM. a. The consultant shall have expertise in the FEMA LOMR process, and shall have demonstrated proficiency in working with FEMA. b. The consultant shall respond to any comments or clarifications from FEMA on the LOMR application. c. The consultant shall respond accordingly with any technical challenge during the public notification process. Page 4 of 9 Stone Creek Floodplain Study Project August 25, 2008 Qualifications The consultant shall have the necessary experience with all aspects of floodplain modeling and FEMA processes. The consultant shall demonstrate their ability by referencing similar studies and submissions they performed. The consultant shall be a Registered Professional Engineer within the State of Colorado. Evaluation Criteria: Respondents should address each of the evaluation criteria listed below and provide specific examples of projects they have undertaken that demonstrate their qualifications: 1. The consultant's experience and knowledge of the hydraulics and hydrology for floodplain studies, and the FEMA processes. Provide specific examples of relevant work and all applicable contact information, including owner, contractor, and other parties. 2. Specific references of personnel that will be directly working on this project, and references to previous pertinent projects. 3. Consultant's overall approach to this specific project, including a detailed work plan. 4. Ability to undertake and complete the project in a timely manner and within the project budget. The project deadline is April 30, 2010, which includes the FEMA LOMR completion. Submission and Selection Criteria: Respondents must include the following: Name, address, and phone number of project personnel and their experience. 2. Point of contact references for previous projects, with phone numbers. The County reserves the right to investigate references submitted in the RFP. 3. Demonstration of experience for the above mentioned Scope of Work items, including anecdotal evidence. 4. A detailed project schedule containing key milestones, submission deadlines, and project completion dates. 5. Cost to provide the services described herein and hourly rates for project personnel. Page S of 9 Stone Creek Floodplain Study Project August 25, 2008 Consultants interested in performing the professional services requested must submit the following information: Six (6) copies of their proposal. Proposals shall not exceed (8) 8'h"x11" pages, or 4 double sided pages, submitted in a sealed envelope, labeled "Stone Creek Floodplain Study" 2. One CD containing a PDF version of the proposal. Proposals shall be addressed to: Eagle County Engineering Department ATTN: Greg Schroeder, Senior Project Engineer PO Box 850 500 Broadway Eagle, CO 81631-0850 All proposals shall be received by Friday, September 19, 2008, at S:OOpm. Proposals may be sent via US Mail, FedEx, UPS, or hand delivered. Faxed or emailed proposals will not be accepted. Proposals will be evaluated by a selection committee. Eagle County reserves the right to reject any or all proposals. Questions regarding this request for proposals should be directed to Greg Schroeder, Senior Project Engineer at (970)328-3560, g_red.schroeder~a~,eaglecounty.us. This RFP and associated information is available on Eagle County's website at http://www.eaglecounty.us/rfp.cfm. On-Site Project Walkthrough Meeting An on-site project walkthrough meeting will be conducted at 3:OOpm on Wednesday, September 3, 2008 for any interested party seeking more information on the project. The meeting is non-mandatory, but is encouraged. Meet at the Golf Clubhouse, at 431 Eagle Drive. (see enclosed map) Page 6 of 9 Stone Creek Floodplain Study Project August 25, 2008 Eagle Vail Area Map Page 7 of 9 Conflu9n~cewithEag~ Rivej Eagle-Vail Area Map (Endin oint of stud limits Stone Creek Easement Channel b A ~q b 0 300 600 1,200 1,800 2,400 Feet Stone Creek Floodplain Study Project August 25, 2008 Map to Golf Clubhouse, 431 Eagle Drive ,`~` 1, _. ~ __. [ gle a' ~ ~"'-- "- - - ~If Club ~due~ '~A4r La - ~- - ,~""' ' .:.., _ -,c C ~ine Carcle ~^ ~ o® _ ~ . ~~'~{' - 6tP q~c .a' ~ :r'Eagle-Vad '- - peg- ~ ~' Common Area Syd~ ~~~.` - 1; ~~, Coph~ RC .~ -~_ Dr Ro. _Da!sy_Lri 4c _ ' Ntanv'0~ - - ~a04e Q' ~~®~~ ~ . ' ~D Page 9 of 9 EXHIBIT C GRANT LETTER FROM COLORADO WATER CONSERVATION BOARD (CWCB) Message-ID: <OODCF507C02998439E000CCF135FDOF30116F107@DNRDENEXCLO1.naturenet.state.co.us> In-Reply-To: <FSF6E1795795694589AF7189051A2E4AO1D07084@VIRTEXCHANGE.ecg.eaglecounty.us> From: Houck, Kevin [Kevin.Houck@state.co.us] Sent: Monday, October 06, 2008 10:37 AM To: Greg Schroeder <Greg.Schroeder@eaglecounty.us> Subject: RE: Stone Creek Floodplain RFP Greg- I just wanted to provide formal notification to you that a purchase order for $25,000 should be completed during the month of October for your use in the Stone Creek floodplain study. The PO request and scope have been submitted to our accounting staff for issuance. I anticipate this to be finalized in the next 2-3 weeks. Although it hasn't been issued yet, I do not foresee any problems with getting it cut. This purchase order is unilateral and will not require a signature from your end. I will provide a copy of the purchase order to you once issued. Once issued, you may request reimbursement upon submittal of Eagle County invoices to the Colorado Water Conservation Board. Your reimbursement will be limited to $25,000, and the performance period will expire on June 30, 2010. I have not included the LOMR submittal task in this purchase order in order to prevent dragging out the completion and closeout, so please use funds from this account for the other tasks associated with this project. If you have any questions, or need anything else, please don't hesitate to contact me. While I have no desire to be involved in the day-to-day administration of this project, I ask that you keep me in the loop throughout the project so I am simply aware of what is going on. Of course, I will be happy to provide any assistance, review, attendance at public meetings, etc., upon your request. Kevin Houck, PE, CFM Senior Engineer Colorado Water Conservation Board Watershed Protection and Flood Mitigation Section 1313 Sherman Street, Room 721 Denver, CO 80203 Tel: (303) 866-3441, x3219 Fax: (303) 866-4474 Email: kevin.houck@state.co.us // ORIGINAL EMAIL MESSAGE TRUNCATED -NOT APPLICABLE //