City Council Agenda and Packet 2015 10 13 BUDGET

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INTERGOVERNMENTAL AGREEMENT POTABLE WATER INTERCONNECT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement ") is made and entered into this day of 2015 (the "Effective Date "), by and between THE CITY OF LOUISVILLE, a Colorado municipal corporation ( "Louisville "), and SUPERIOR METROPOLITAN DISTRICT NO. 1 ( "SMD1 "), a Colorado special district. Louisville and SMDI are hereafter referred to from time to time individually as the "Party" or collectively as the "Parties." WITNESSETH WHEREAS, the Parties own and operate independent municipal potable water distribution systems; WHEREAS, the Parties wish to design and construct an interconnect between the two distribution systems located in the approximate vicinity of Marshall Road and the Howard Berry Water Treatment Plant, to allow each Party to provide water to the other in certain circumstances (the "Interconnect "); WHEREAS, in this Agreement, the Party providing the water through the Interconnect shall be referred to as the "Seller" and the Party consuming the water shall be referred to as the "Buyer "; and WHEREAS, the Parties are authorized by Article XIV, § 18 of the Colorado Constitution and C.R.S. § 29 -1 -201, et seq., to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Cost Share. The cost to design, construct, and maintain the Interconnect shall be shared as follows: 50% by SMD1 and 50% by Louisville. 2. Design Phase Lead Agency. SMD 1 shall be the lead agency for the design phase and shall contract with an engineering consultant for design of the Interconnect, which consultant shall be agreed upon by both Parties. Design meetings shall be held only if representatives from the engineering consultant, Louisville, and Superior are present. SMDI shall provide Louisville with the design plans and specifications for the Interconnect for Louisville's review, comment and approval, which approval shall not be unreasonably withheld. Louisville shall reimburse SMD1 for 50% of the total design costs within 30 days of receipt of an itemized invoice from SMDI . 3. Construction Phase Lead Agency. Louisville shall be the lead agency for the construction phase and shall enter into an agreement with a contractor for construction of the Interconnect, which contractor shall be agreed upon by both Parties. Construction progress meetings shall be held only if representatives from the engineering consultant, Louisville, and Superior are present and, if applicable, contractor representatives. Superior shall reimburse 8