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HomeMy WebLinkAbout2019-R-2 RESOLUTION NO. 2019-ER- BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE RESOLUTION COMMITTING FUNDING TO RECONSTRUCTION OF CANE RUN PUMP STATION WHEREAS, the City of Jeffersonville ("City"), the Jeffersonville-Clarksville Flood Control District ("District"), the Town of Clarksville ("Town"), and the Clarksville Redevelopment Commission ("Commission") are parties to an Interlocal Agreement ("Agreement") calling for the reconstruction of the Cane Run Pump Station ("the project"); and WHEREAS, pursuant to the Agreement, both the District and the Commission have each committed up to $2 million towards the project; and WHEREAS, the current estimated cost of the project is $6 million; and WHEREAS, the Common Council of the City of Jeffersonville finds it beneficial for the City to contribute towards the project to reduce flooding; NOW THEREFORE, IT IS HEREBY ORDAINED, by the Common Council of the City of Jeffersonville that the City hereby commits a total of $2,225,000.00 to the project, $1,112,500.00 of which to come from the City of Jeffersonville and $1,112,500.00 of which to come from the City of Jeffersonville Sewer Board. IT IS HEREBY FURTHER ORDAINED that the Mayor of the City of Jeffersonville is hereby authorized to execute all documents necessary to carry out the terms of this Resolution. This Resolution shall be in full force and effect from and after its adoption and approval. Adopted this / L day of . 2019. EDZASTAWNY President rST: VICKI CONLIN, Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this / day of al0„,Q , 2019. VICKI CON , Clerk This Resolution approved and signed by me this ay f , 2019. MIKE ORE, Mayor FIRST AMENDED INTERLOCAL AGREEMENT BETWEEN AND AMONG THE CITY OF JEFFERSONVILLE,INDIANA, THE JEFFERSONVILLE- CLARKSVILLE FLOOD CONTROL DISTRICT,THE TOWN OF CLARKSVILLE, INDIANA, AND THE CLARKSVILLE DEPARTMENT OF REDEVELOPMENT WHEREAS, IC 36-9-2-8 through IC 36-9-2-13 authorize the City of Jeffersonville ("City") and the Town of Clarksville ("Town") to establish, vacate, maintain, and control watercourses, to change the channel of, dam, dredge, remove an obstruction in, straighten, and widen a watercourse, to regulate the taking of water, or causing or permitting water to escape, from a watercourse, to regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse, to regulate the introduction of any substance into a watercourse or onto its banks, and to purify the water in a watercourse; and, WHEREAS, IC 36-9-29-1, et seq., authorizes the City, acting through the Jeffersonville Flood Control District ("District"), to construct or install the flood control works necessary to exclude, divert, remove, reduce, or prevent flood waters caused by the overflowing of watercourses or by storm or surface waters in or about the District and to construct or elevate highways and bridges necessary to provide reasonable traffic facilities through or over any structures constructed as part of the flood control works; and, WHEREAS, IC 36-7-14-1, et seq., and IC 36-7-25-1, et seq., authorize the Clarksville Department of Redevelopment ("Department") to undertake the clearance, replanning, and redevelopment of areas needing redevelopment assessment, planning, replanning, remediation, development, and redevelopment of economic development areas; and, WHEREAS, the City, the Town, the District and the Department desire to enter into this agreement to facilitate the following for the parties: (i) the construction of a replacement for the District's Cane Run Pump Station ("Project"); (ii) the approval of an amendment to the City's Long Term Control Plan for its wastewater utility; and, (iii) the development by the Town and the Department of the South Clarksville Redevelopment Area. NOW, THEREFORE, the City, the Town, the District, and the Department hereby covenant and agree as follows: Section 1. Subject to Section 14 herein, the Town and the Department will jointly fund up to Two Million Dollars ($2,000,000), the District will fund up to Two Million Dollars ($2,000,000), and the City will fund Two Million Two Hundred Twenty-five Thousand Dollars ($2,225,000) ($1,112,500 each from the City and Sewer Board) of the construction and construction inspection costs for the replacement of the District's existing Cane Run Pump Station ("Project"). Subject to Section 14 herein, the District will fund all design, engineering and permitting costs for the Project, subject to the issuance of bonds by the District in accordance with applicable provisions of Indiana law. The District will use its best efforts to issue bonds up to a maximum amount of Two Million Dollars ($2,000,000) not later than May 31, 2020. I\12409652.1 Section 2. If at: 30% of design, 60% of design, or both 30% and 60% of design, it appears that the construction costs of the Project will exceed Six Million Two Hundred Twenty- five Thousand Dollars ($6,225,000), the City, the Town, the Department, and the District will engage in good faith negotiations regarding the best method in which to cover additional costs and may retain an additional engineering firm to conduct value engineering. The cost of the value engineering services will be divided equally between the Town and the District. Section 3. Following the receipt of bids, review and the determination of the lowest responsive and responsible bid has been determined, but prior to the issuance of a notice to proceed to the successful bidder, the Town and City shall each deposit One Million Dollars ($1,000,000) into a designated District account ("Initial Deposit"). When funds available from the Initial Deposit have been reduced to an amount equal to ten percent (10%) of the Initial Deposit, the Town and City shall each deposit the remainder of their pledged amount or an amount equal to thirty-three percent (33%) of the balance of the bid amount ("Final Deposit") into the District account designated for the Initial Deposit. The District, working with its Design Engineer and Project Engineer(both as defined in Section 4), will process all invoices for Project payments equally from funds deposited by the Town, the City and the District. The District will provide copies of all payment requests and approvals to the City and Town. Section 4. The District will retain Lochmueller Group, Inc., to design the Project, obtain required permits, and manage the bidding process ("Design Engineer"). The District will retain Jacobi, Toombs & Lantz, Inc., to provide Project management, including construction inspection ("Project Manager"). The Design Engineer shall use its best efforts to complete the design and obtain required permits from the United States Army Corps of Engineers (USACE") with a maximum period of twelve months from the date on which the contract between the District and the Design Engineer is fully executed. The District, the City, and the Town recognize that the USACE is not required to comply with any particular schedule for permit review and approval. Section 5. The Design Engineer and the Project Manager, pursuant to their respective contracts, will be required to timely prepare and submit written monthly progress reports and host progress meetings on at least a monthly basis either at the District offices or the Project site. The City and Town shall receive copies of all such reports. The City Engineer and Town Manager or their designees, and the Town's engineering consultant may attend the periodic meetings. Section 6. Construction plans and specifications and bid documents will be completed and the District will use its best efforts to receive construction bids by June 1, 2020. The Town shall have the right to review, comment on, and approve, which approvals shall not be unreasonably withheld, all construction plans and bid documents in order to assure that the Project has been designed and will be constructed so as to resolve surcharging and ponding conditions in the Cane River basin, Colgate Park and the Radisson Hotel parking lot when the Ohio River is at or above flood stage to the extent practicable. The District will develop a long- term plan for periodic maintenance of the Cane Run basin to: (i) control vegetative overgrowth or erosion that restricts the flow of water to the Cane Run pump station; and (ii) minimize nuisance odor conditions. The District's long-term plan is subject to the Town's review and approval, which approval shall not be unreasonably withheld. 2 I\12409652.1 Section 7. In consideration of the initial agreement between the parties, the Town has withdrawn its objections, as submitted in the Town's letter dated July 28, 2017, to the City's prior request submitted to the Indiana Department of Environmental Management ("IDEM") and the United States Environmental Protection Agency ("EPA") to: (i) modify its combined sewer overflows ("CSO") long term control plan ("LTCP"), including CSO control levels; and, (ii) extend the City's implementation schedule. The District will use its best efforts to complete the Project by December 31, 2021 and the City will use its best efforts to complete by December 31, 2025, either: (i) the CSO interceptor sewer project identified in the LTCP ("Interceptor Project), which Interceptor Project may be reduced so as to decrease costs of the Interceptor Project to a maximum of Twenty-Six Million Dollars ($26,000,000), subject to approval by IDEM and EPA; or, (ii) another project that will provide the Town with substantially similar relief from CSOs discharged at the Tenth Street Pumping Station into the Cane Run basin through the District's 96-inch line that runs through the Radisson Hotel parking lot and Colgate Park. Section 8. The District and the City agree to cooperate with the Town's plans to develop the South Clarksville Redevelopment Area ("Area") as such plans may involve District flood control improvements, system modifications, or both, so long as the integrity of the District's works and operations are not jeopardized or compromised. The City and the District agree to participate in the approval of such plans through the execution of future agreements on an as- needed basis. Section 9. The redevelopment plan for the Area requires the Town to make or to induce improvements to properties and infrastructure located adjacent to or immediately outside the Town's corporate boundaries, including, without limitation, (i) Hoehn family property known as Water Tower Square; (ii) Carman Industries property on Riverside Drive; (iii) Market Street; (iv) Court Avenue; (v) Missouri Avenue; (vi) Riverside Drive; (vii) Woerner Avenue flood gate modification; (viii) additional floodwall openings to the west of Woerner Avenue; (ix) South Clark Boulevard; and(x) Waterfront Park. Section 10. The Town has identified the following projects and public improvements that will require the District and the City to mutually cooperate with the Town: (i) the execution and delivery of an agreement authorizing the Town to maintain the Court Avenue extension constructed by the Town to the west of Missouri Avenue within the City; (ii) the grant of additional or relocated rights-of-way for improvements to Riverside Drive; (iii) right-of-entry and approval for the Town's planned work within the Cane Run basin to widen South Clark Boulevard and the associated slope stabilization project, including an extension of the District's existing 96-inch line, provided, however, that the extension shall not in any manner reduce the hydraulic capacity of the 96-inch line; (iv) relocation of underground utilities on District property within the corporate boundaries of the Town; (v) relocation of underground utilities and, if required, granting additional rights-of-way for planned improvements to Bridge 160 over Brown Station Way; and (vi) reconstruction of Montgomery Avenue in the Town and Ninth Street in the City to add bike and pedway facilities, with local funding to match Kentuckiana Regional Planning and Development Agency funds apportioned on the basis of constructions costs within the City and the Town, respectively. 3 I\12409652.1 Section 11. The City, inclusive of its boards, departments, and commissions, will take all actions reasonably necessary to review and approve the plans for all improvements proposed by the Town within forty-five (45) days following the submission of the plans by the Town, which approvals shall not be unreasonably withheld, provided only that the plans for improvements demonstrate that the City's facilities will not be adversely affected. The provisions of this section apply to the properties and projects described in Sections 9 and 10 of this agreement, as applicable, and to any other project subsequently proposed by the Town. Section 12. The District will take all actions necessary to review, approve, permit and, if applicable, forward to USACE with favorable recommendation, the plans for all improvements proposed by the Town within forty-five (45) days following the submission of the plans by the Town, which approvals shall not be unreasonably withheld, provided only that the plans for improvements demonstrate that the District's facilities or operations will not be adversely affected. If any planned improvements require prior approval or permitting by USACE before application for approval or permit by the District, the District shall issue such approval or permit within ten (10) days following the issuance of USACE approval or permit. The provisions of this section apply to the properties and projects described in Section 9 and 10 of this agreement, as applicable, and to any other project subsequently proposed by the Town. Section 13. The Department is named an additional party to this agreement for the sole purpose of funding the Town's financial contribution to the Project in accordance with Section 1 of this agreement. The City is named as an additional party to this agreement for the sole purpose of acknowledging the City's obligations under this agreement. The parties shall use their best efforts to obtain all required approvals of the respective municipal councils, boards and commissions with the execution of the agreement by June 30 2019. Section 14. Future Action Required. The parties acknowledge and understand that the parties must take future actions to implement this agreement; that the parties' agreements are subject to and contingent upon compliance with and completion of applicable statutory proceedings, including, without limitation, any applicable public notice and public hearing requirements and any appeal rights; and that the parties' obligations hereunder, and of their respective boards, departments and commissions, are limited, respectively, to working in good faith and using best efforts to effectuate the purposes of this agreement. Section 15. Amendments. A party to this agreement may propose an amendment to this agreement upon sixty(60) days' notice and mutual consent of all the parties. Section 16. Termination. This agreement may not be terminated after and following the earlier of: (i) issuance of notice to proceed to any contractor for any portion of the Project to be funded with the proceeds of bonds, notes, or other obligations; or (ii) the date of issuance of bonds, notes, or other obligations by any of the parties to provide funds for the Project. Section 17. Severability. If any term or provision of this agreement is declared to be invalid, null, void, or unenforceable, the remaining provisions shall not be affected and shall remain in full force and effect. 4 I\12409652.I Section 18. Entire Agreement. This agreement constitutes the entire agreement between the parties and this agreement shall not be modified, amended, altered or changed except as provided by Section 15 of this agreement. Section 19. Binding Effect. Subject to the specific provisions of this agreement, this agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 20. Applicable Law. This agreement shall be governed by and construed under the laws of the State of Indiana and any action to enforce any provision of this agreement may be brought only in the court system of Indiana. Section 21. Counterparts. This agreement may be executed in counterparts. Executed this day of , 2019. CITY OF JEFFE ONVILL , INDIANA By: Michael G. Moore, Mayor Attest: it- if l9 Vicki Conlin, City Clerk JEFFERSONVILLE-CLARKSVILLE FLOOD CONTROL DISTRICT Michael G. Moore, Chairman Attest: Secretary 5 I\1 2409652.1 TOWN OF CLARKSVILLE, INDIANA By: Paul Fetter, Town Council President Attest: Robert P. Leuthart, Clerk-Treasurer CLARKSVILLE DEPARTMENT OF REDEVELOPMENT By: A. D. Stonecipher, President, Clarksville Redevelopment Commission Attest: Paul Fetter, Secretary 6 1\12409652.1