HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2010 - ITEMS RELATING TO THE I-25/SH392 INTERCHANGE PROJE DATE: December 21, 2010 LL AGENDA ITEM SUMMARY
STAFF: Darin Atteberry _
Rick Richter
T COLLINS CITY COUNCIL
Items Relating to the 1-25/SH392 Interchange Project.
A. Resolution 2010-077 Approving an Intergovernmental Agreement Between the City of Fort Collins and the
Town of Windsor Pertaining to the Development of the Interstate 125/State Highway 392 Interchange,
Including Provisions for Cost and Revenue Sharing, Annexation and Land Use Development.
B. Resolution 2010-078 Approving a Contract With the Colorado Department of Transportation(CDOT)and the
Town of Windsor Concerning The Funding,Construction and Maintenance of Improvements to the 1-25/State
Highway 392 Interchange.
EXECUTIVE SUMMARY
The City and the Town of Windsor have collaborated to plan and design the 1-25/SH-392 Interchange Project (the
"Project"). The final design is complete and funds have been identified for construction. Staff from the City and
Windsor have been working to develop an intergovernmental agreement between the City and the Town of Windsor,
as well as negotiate contract language with CDOT. regarding construction, maintenance and ownership of the
interchange. The intergovernmental agreement between the City and Windsor defines the process for review of
development and redevelopment proposals, sets out cost sharing, puts in place reimbursement and maintenance
through fees, and establishes revenue sharing.
Resolution 2010-077 approves an Intergovernmental Agreement between the City of Fort Collins and the Town of
Windsor and defines the review of development and redevelopment proposals, cost sharing and reimbursement
through development impact fees and establishes revenue sharing between the two communities.
Resolution 2010-078 approves a contract between CDOT,the City of Fort Collins, and the Town of Windsor defining
construction, maintenance, and ownership, identifying construction and right of way funding responsibilities, and
outlining maintenance responsibilities.
BACKGROUND / DISCUSSION
City Council and the Windsor Town Board have held five joint work sessions to discuss the 1-25 and State Highway
392 Interchange Improvements, System Level Study(1601 Process), and design. The System Level Study for the
interchange was approved by the Colorado Transportation Commission on January 21, 2009. This approval, along
with a previous IGA, has allowed the Project to move into the final design phase. The accelerated design process for
this Project was completed in January 2010. This accelerated design process made this Project "shovel ready,"
thereby enhancing the possibility of obtaining funding for construction.
The design followed the intent of the guiding principles adopted by the City Council and the Town Board in August of
2008, specifically the community character guiding principle that states: "The 1-251392 Interchange is an important
'gateway'feature for both Fort Collins and Windsor. It is viewed as Fort Collins'southern gateway and the main
gateway into the Town of Windsor. The design of the interchange, sensitivity to view sheds and associated land
development shall enhance the gateway concept."
The total construction and right-of-way cost for the Project is estimated at $27.5 million. On May 20, 2010, the
Colorado Transportation Commission authorized the allocation of$20 million for the construction of the Interchange.
CDOT had previously identified $2.5 million of state FASTER funds to be used for right-of-way acquisition. The
funding gap to be addressed by the local communities is$5 million.
December 21, 2010 -2- ITEM 18
The City and Town of Windsor Intergovernmental Agreement
The essential terms of the intergovernmental agreement with the Town of Windsor are that the municipalities will:
• Create a Corridor Activity Center("CAC') in the area of the Interchange including properties in the City and
Windsor, and provide for the potential modification of the boundaries of the CAC as may be agreed upon by
the parties with input from the surrounding property owners;
• Designate approved land uses in the CAC, and provide that these land uses will be incorporated in the land
use codes of each municipality by March 31, 2011;
• Create and adopt joint design standards for the CAC by March 31, 2011;
• Cooperate in reviewing development approvals for properties within the CAC;
• Contribute $2.5 million, each, for the Project;
• Create a CAC Development Fee that will allow both the municipalities to recover their respective$2.5 million
investment as development or re-development occurs in the CAC;
• Establish a Public Improvement Fee("PIF")to be charged on retail sales in the CAC,which revenues will be
used for the construction and maintenance of public improvements and services in the CAC;
• Identify the amount of the PIF, develop a list of public improvements and services for which the PIF may be
used, and provide for credits for existing developer-installed improvements, by March 31, 2011;
• Share incremental increases in sales tax and real property tax revenues within the CAC by allowing the
municipality where the revenue is generated to retain 65%, while sharing 35%with the other municipality;
• Agree not to annex properties on the opposite side of Interstate 25; and
• Use mediation or, if necessary, binding arbitration to resolve any disputes that arise under the IGA.
The City,Town of Windsor, and Colorado Department of Transportation Contract
The Interchange improvements will be constructed by CDOT and the contract with Windsor and CDOT addresses the
following construction details:
• The City and Town will each contribute$2.5 million to the re-construction and no further contribution will be
required without additional formal action by the governing bodies;
• The Interchange includes certain design enhancements that exceed CDOT standards and maintenance for
these design enhancements will be the responsibility of the City and Town; and
• The City and Town will have a representative monitoring and reviewing the Interchange construction.
FINANCIAL/ ECONOMIC IMPACTS
The estimated total cost of the Project is $27,500,000, which is to be funded as follows:
State FASTER Funds Contribution (Right-of-Way) $ 2,500,000
Federal HIRE Funds Contribution $20,000,000
Fort Collins Funds Contribution $ 2,500,000
Windsor Funds Contribution $ 2,500,000
Total Funds: $27,500,000
As noted above,the two communities agree to share the Property Tax Increment and Sales Tax Increment generated
by properties and businesses located within the boundaries of the Corridor Activity Center(CAC).
During a time frame from 2002 through 2006, there was an average of 50 crashes annually at the interchange. With
the improvements it is estimated that this number of crashes will be reduced by 30%on an annual basis. This would
result in an overall safety savings of$225k per year or$5.63 million present value dollars through year 2035.
December 21, 2010 -3- ITEM 18
ENVIRONMENTAL IMPACTS
One of the guiding principles adopted by Council in 2008 (Resolution 2008-080), states:
Environmental Sustainability/Resource Protection:Ensure that interchange improvements occur
in such a way that it minimizes environmental impacts to the greatest extent possible and protects
the physical and natural environment in and around the interchange including but not limited to the
Fossil Creek Reservoir Area.
Subsequently, the City of Fort Collins and Town of Windsor have jointly agreed that the Project will mitigate wetland
impacts at a 3:1 ratio, this meaning that the estimated 0.4 acres of impacts from the Project will be mitigated with the
creation of 1.2 acres of new wetlands. The cost of the mitigation will be borne by the City. The City will be reimbursed
for up to $165,000 of that cost from PIF revenues.
The Project will have a positive impact on long-term air quality. The Design Team has estimated that adding sidewalks
and bike lanes and improving the traffic flow will increase the number of people walking and biking and reduce delays
along SH-392 (Carpenter Road).
The utility portion of the Project includes improvements to stormwater quality with the installation of facilities to remove
suspended solids and hydrocarbon contaminants from roadway drainage prior to discharge into receiving waters.
The Interchange improvement will result in congestion reduction of 15 million fewer vehicle hours of travel resulting
in $168 million in savings through 2035. Over 14 million gallons of fuel will be saved through year 2035 as a result of
improved traffic flow.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BOARD / COMMISSION RECOMMENDATION
The Transportation Board and the Planning and Zoning Board have been briefed on the Project during the design
phase and will receive updates as the Project progresses.
PUBLIC OUTREACH
Staff has met multiple times, most recently on December 2,2010,with property and business owners within the CAC.
Public outreach will continue through the phases of the Project.
ATTACHMENTS
1. Corridor Activity Center Map
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RESOLUTION 2010-077
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF FORT COLLINS AND THE TOWN OF WINDSOR PERTAINING
TO THE DEVELOPMENT OF THE INTERSTATE I25/STATE HIGHWAY 392
INTERCHANGE, INCLUDING PROVISIONS FOR COST AND REVENUE
SHARING, ANNEXATION AND LAND USE DEVELOPMENT
WHEREAS, the City of Fort Collins (the "City") and the Town of Windsor (the "Town')
share a common interest in the development of the area surrounding the Interstate 25/State Highway
392 interchange ("Interchange"), and have been engaged in discussions with the Colorado
Department of Transportation ("CDOT") regarding the reconstruction of the Interchange; and
WHEREAS,the efforts of the City,the Town and CDOT have resulted in the appropriation
of substantial funding by CDOT for the re-construction of the Interchange; and
WHEREAS, the City and the Town have each appropriated the balance of the funding
necessary for such reconstruction in the amount of$5 million; and
WHEREAS, the City and the Town anticipate that upon the reconstruction of the
Interchange, the surrounding area will undergo significant change, including commercial and other
development; and
WHEREAS, the City and the Town have negotiated an Intergovernmental Agreement to
reflect the respective financial contributions of the Parties to the reconstruction of the Interchange,
to provide for orderly land use and development in the surrounding area,to ensure that development
pays its own way, and to provide for a revenue sharing formula between the City and the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that entering into the Windsor IGA is in
the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute the Windsor IGA in
substantially the form shown on Exhibit "A," attached hereto and incorporated herein by this
reference, subject to such modifications as the City Manager may, in consultation with the City
Attorney,deem necessary or desirable to protect the interests of the City and effectuate the purposes
of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of December A.D. 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE DEVELOPMENT OF THE
INTERSTATE I25/STATE HIGHWAY 392 INTERCHANGE
THIS AGREEMENT is entered into this day of , 2010, by
and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the
"City"), and the Town of Windsor, Colorado, a Colorado home rule municipality (the
"Town"), collectively referred to herein as the "Parties".
RECITALS
WHEREAS,the City and the Town are situated on opposite sides of Interstate 25
and are both committed to planned and orderly development; to regulating the location
and activities of development which may result in increased demand for services; to
providing for the orderly development and extension of urban services; to simplifying
governmental structure when possible; to promoting the economic vitality of both
municipalities; to protecting the environment; and to raising revenue sufficient to meet
the needs of their citizens; and
WHEREAS, on June 28, 1999, the City and the Town entered into two
intergovernmental agreements relating to the annexation of properties in one another's
jurisdictions; and
WHEREAS, these agreements were limited in their duration; and
WHEREAS, the parties wish to expand and make permanent their agreement
relating to annexations in one another's jurisdiction; and
WHEREAS, the City and the Town have been in regular contact with the
Colorado Department of Transportation ("CDOT") about the sub-standard condition of
the Interstate 25/State Highway 392 Interchange ("Interchange"), and the importance.of
that Interchange to the City and the Town and is an integral part of the regional
transportation network and a critical gateway to both communities; and
WHEREAS, in recent years, the capacity of the Interchange has been significantly
impacted by state and regional growth, as well as local growth in Windsor and southeast
Fort Collins, so that the Interchange is unable to handle current traffic capacity during
peak hours; and
WHEREAS, the Interchange is characterized by numerous design and operational
deficiencies and substandard safety features, including the absence of any transit
facilities; and
WHEREAS, on March 22, 2006 the City and Town entered into an
intergovernmental agreement (the "March 22"d Agreement") that, among other things,
defined a Corridor Activity Center in the immediate vicinity of the Interchange (the
"CAC"); and
WHEREAS, the March 22, 2006 Agreement also sets forth the willingness of the
City and the Town to work cooperatively toward developing a comprehensive
development plan for the CAC and surrounding areas, to explore financing mechanisms
for reconstructing the Interchange, and to evaluate potential revenue sharing alternatives;
and
WHEREAS, in 2008, the City and the Town authorized the execution of two
additional intergovernmental agreements, the purposes of which were to pursue funding
for the Interchange and expedite its design and approval by CDOT, and also passed
resolutions reaffirming their commitment to continued cooperation in the planning,
design and construction of the Interchange and approving certain basic principles related
to that cooperative effort, including a commitment to long-term, equitable sharing of
revenues derived from new development within the CAC; and
WHEREAS, because of the proximity of the two municipalities on either side of
the Interchange, the way in which the Interchange is reconstructed and the way in which
the property within the CAC is developed will affect the economic and environmental
well-being of both communities; and
WHEREAS, for the foregoing reasons, the City and the Town have worked
diligently with each other and with CDOT, as well as various elected federal officials,
landowners, local officials, and others to promote and fund the design and construction of
improvements to the Interchange; and
WHEREAS, the efforts of the City and the Town have been successful, and the
majority of the funding is now in place to allow the immediate construction of
improvements to the Interchange, subject only to the appropriation of the remaining
funds to be contributed by the City and the Town; and
WHEREAS, the City and Town wish to provide for increased coordination of
planning and managing development within the CAC, cost sharing for construction of
Interchange improvements, revenue sharing, operation and maintenance of certain
Enhanced Improvements, providing needed services in the Interchange area, and
resolving any conflicts arising with regard to these topics; and
WHEREAS, the City and the Town have both adopted the Northern Colorado
Regional Communities I-25 Corridor Plan, which establishes a shared vision for
development of property adjacent to Interstate 25; and
WHEREAS, the Colorado Constitution, Section 29-20-101 et seq., of the
Colorado Revised Statutes, and the Charters of both the City and Town authorize the City
and the Town to enter into mutually binding and enforceable agreements regarding the
joint exercise of planning, zoning and related powers.
Page 2 of 16
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the Parties hereto agree as follows.
SECTION 1. DEFINITIONS
In this Agreement, unless a different meaning clearly appears from the context,
the following definitions shall apply:
1.1. "Agreement" means this Agreement and it attachments.
1.2. "City" means the City of Fort Collins, Colorado.
1.3. "CDOT" means the Colorado Department of Transportation.
1.4. "Corridor Activity Center" or "CAC" means that joint planning area referred to
above and more fully described on Exhibit "A," attached hereto and incorporated herein
by this reference; as such description may be amended by the Parties pursuant to Section
2 below.
1.5. "Developable Land" means that portion of each parcel of real property within the
CAC upon which buildings, infrastructure or other improvements may lawfully be
constructed, taking into consideration the physical characteristics of the property and all
applicable state and local laws and regulations.
1.6. "Development Proposal" means an application for the development of a parcel of
land within the CAC that will, when approved and constructed, result in an increase of
traffic in the CAC.
1.7. "Effective Date" means the date that the last party signs this Agreement, or ten
days after the final approval by the last governing board of the City or Town.
1.8. "Enhanced Improvements" means those improvements to the Interchange that
will be maintained by the City and the Town as shown on Exhibit "A" and Exhibit "A-I"
to that certain agreement between CDOT, the City, and the Town (the "CDOT IGA")
regarding the funding, construction and maintenance of the Interchange improvements.
1.9. "Interchange" means the Interstate 25 and State Highway 392 interchange.
1.10. "Public Improvement Fee" or "I'll"' means the public improvement fee to be
more fully described in the PIF Covenant.
1.11. "PIF Covenant" means a declaration of covenants by which a developer of
property for retail use within the CAC agrees to impose and implement a Public
Improvement Fee.
Page 3 of 16
1.12. "PIF Revenue" means that revenue derived from the imposition and collection of
a PIF in accordance with this Agreement and the PIF Covenant.
1.13. "Project" means the construction by CDOT of a new Interchange at Interstate
Highway 25 and Colorado State Highway 392.
1.14. "Property Owner" means and includes the fee owner of the property as well as
any developer or other agent of the fee owner who, acting with the knowledge or consent
of the fee owner, submits an application for approval of a Development Proposal or
Redevelopment Proposal for such property.
1.15. "Property Tax Increment" means the net new revenue generated by property taxes
on real property located within the boundaries of the CAC, using a base rate of 9.797
mils, as applied to the assessed valuation developed by Larimer County as of the
Effective Date as the baseline.
1.16. "Redevelopment Proposal" means an application for the redevelopment of a
parcel of land within the CAC that will, when approved and constructed, result in an
increase in traffic in the CAC beyond that generated by the development currently in
place.
1.17. "Sales Tax Increment" means the net new sales tax revenues generated by sales
within the boundaries of the CAC, using a base rate of 2.25% and the amount of tax
revenue received in the twelve (12) months immediately preceding the Effective Date as
the baseline.
1.18. "Town' means the Town of Windsor, Colorado.
SECTION 2. CONFIGURATION OF THE CAC
For the purposes of this Agreement, the Parties have agreed upon the boundaries of the
CAC. The Parties acknowledge that, as the construction of the Project proceeds, and
development of the properties surrounding the Interchange commences, it may be
necessary for the Parties to agree upon amendments to the boundaries of the CAC so as to
include additional properties benefited by the construction of the Project. It is the
intention of the Parties to conduct a fair and inclusive process with regard to any such
proposed amendments, respecting the needs and desires of the surrounding Property
Owners, as well as the Parties, and taking into consideration any changed conditions in
the area of the Interchange. Any such amendments shall be adopted by the governing
bodies of the Parties by resolution, and upon such adoption the amended CAC area shall
become the CAC area for all purposes under the provisions of this Agreement, including
but not limited to Sections 3, 4, 5 and 6 below.
SECTION 3. REVIEW OF DEVELOPMENT AND
REDEVELOPMENT PROPOSALS
3.1. Permitted uses. Land uses within the CAC shall be limited to those uses shown
on Exhibit `B" attached hereto and incorporated herein by this reference. All zoning
Page 4 of 16
ordinances or other legislation needed to implement the regulation of land uses as shown
on Exhibit "B" shall be presented to the respective governing bodies of the Parties no
later than March 31, 2011.
3.2. Applicable Standards. The Parties have heretofore adopted standards and
guidelines for development of the properties adjacent to Interstate 25, both individually
and cooperatively, and have adopted various land use plans for that area, including the
Northern Colorado Regional I-25 Corridor Plan (2001). On or before March 31, 2011,
the governing bodies of the Parties shall each adopt more specific, mutually acceptable
design standards for the CAC (the "CAC Design Standards"). In the event that the
Parties have been unable to agree upon, and adopt mutually acceptable design standards
for the CAC on or before said date, then the question of the development and approval of
such standards shall be resolved pursuant to the mediation/arbitration process described
in Section 8 below.
3.3. Review and Approval of Site Specific Development Proposals.
3.3.1 In order to promote and maintain the commitments of the City and Town
with regard to development within the CAC, the Parties hereby jointly
agree to the following review process for Development or Redevelopment
Proposals for property within the CAC.
a. Neither the City nor Town shall, without the prior written consent
of the other Party, approve the construction of any improvements within
the CAC which are inconsistent with the CAC Design Standards.
b. Plans and specifications for any Development or Redevelopment
Proposal on land located within the CAC that are received by either Party
after the Effective Date shall, no later than thirty (30) business days prior
to taking action, be submitted by the Party having jurisdiction over the
proposal to the other Party for review and comment; provided, however,
that the Parties may mutually agree to a shorter or longer review and
comment period.
C. Such plans and specifications shall include a brief written
description of the Development or Redevelopment Proposal and the
surrounding vicinity, development maps and graphics, and renderings of
all proposed improvements.
d. The receiving Party shall review the materials and respond to the
other Party with written comments within the aforementioned thirty (30)
business days. Each party agrees that it shall use its best efforts to provide
comments in a timely fashion. However, the Parties expressly agree that
any delay in submitting comments shall not require the delay of hearings
or decisions by the party having jurisdiction over the Development
Proposal.
Page 5 of 16
e. The Parties shall designate a single point of contact for the
communication of materials and comments contemplated by this Section.
f. The review and comment provided for herein is intended to be
cooperative in nature, and is not intended to be binding upon the party
having jurisdiction to grant, modify, or deny a Development or
Redevelopment Proposal and shall not preclude the approval of any such
proposal that is consistent with the CAC Design Standards and the
provisions of this Agreement.
3.3.2. Notice of Incentives.
In the event that either Party extends, or agrees to extend, to any applicant
for approval of a Development or Redevelopment Proposal within the
CAC, any financial or other incentives in connection with such
Development or Redevelopment Proposal, such Party shall provide the
other Party with a detailed description of such financial or other incentives
prior to the formal approval of the same, excluding only such information
as is proprietary in nature. The provision and funding of any such
incentives shall be the sole responsibility of the Party having jurisdiction
over the Development or Redevelopment Proposal, unless the Parties
agree to the contrary in a written amendment to this Agreement.
SECTION 4. COST SHARING
4.1. Initial Funding of the Project.
4.1.1 The Parties understand and agree that the Project will be constructed and
managed by CDOT, and that CDOT has estimated the total cost of the
Project, inclusive of the acquisition of required rights of way, to be $27.5
million. In order to fully fund the Project, each of the Parties shall, by
ordinance or resolution adopted by their respective governing bodies,
appropriate $2.5 million towards the cost of the Project, and pay such
amounts to CDOT pursuant to an agreement with CDOT to be executed by
the Parties on or after the Effective Date (the "CDOT IGA"). The City
may, in its discretion, pay for the cost of enhanced wetland mitigation on
the west side of Interstate 25, and the Town shall have no obligation to
help fund such mitigation. The Parties shall attempt to recover their
respective Two Million Five Hundred Thousand Dollar ($2,500,000)
contributions to the cost of the Project from the Property Owners in the
CAC, upon the development or redevelopment of their properties,
pursuant to the provisions of Section 4.2 below. The City shall also
attempt to recover the cost it incurs in connection with the foregoing
wetland mitigation through the imposition of the PIF by retailers situated
within that portion of the CAC that is within the City's territorial limits.
Page 6 of 16
4.1.2. Where shall be no further contributions to the Project by the Parties except
by a written amendment to this Agreement that is adopted by the
governing bodies of both Parties.
4.2. Reimbursement through a Development Impact Fee.
4.2.1 In recognition of the cost sharing between the Parties required by Section
4.1 above, and in further recognition of the principle that development and
redevelopment should pay its own way, the Parties shall each enact a CAC
Development Fee (the "Fee"), which shall be an impact fee imposed upon
all properties in the CAC for which a Development Proposal or
Redevelopment Proposal is approved. The purpose of the Fee shall be to
repay the Parties for their contributions to the construction of the Project.
Accordingly, the total amount of revenue to be generated by the Fee shall
not exceed Five Million Dollars ($5,000,000), plus any adjustment for
inflation or deflation made in accordance with Section 4.2.3 below unless
additional contributions are made in accordance with the provisions of this
Agreement.
4.2.2 Each Property Owner within the CAC shall, as a condition of the issuance
of the first building permit issued pursuant to each phase of any
Development Proposal or Redevelopment Proposal for his or her property,
pay a proportionate share of the Fee. The amount of each Property
Owner's share shall be determined by the Parties no later than March 31,
2011, and shall be calculated on the basis of the amount of Developable
Land contained within each parcel of property. The amount paid by each
affected Property Owner shall be adjusted annually in accordance with the
Denver/Boulder Consumer Price Index.
4.2.3 The Parties shall, within sixty (60) days after collecting any Fee revenues
from Property Owners, deposit such revenues into a CAC Development
Fee Revenue Fund ("Fee Revenue Fund") to be established and
administered by one of the Parties pursuant to a written administrative
agreement approved by the Town Manager and the City Manager, which
agreement shall include a provision whereby the Parties will equitably
share the costs incurred in administering the Fee and managing the Fee
Revenue Fund. The amounts deposited into the Fee Revenue Fund shall
be disbursed annually to the Parties in equal amounts, without regard to
whether the properties that generated the Fee revenues are located with the
territorial limits of the City or the Town. Such disbursements shall
continue until the City and the Town have been fully reimbursed for their
initial contributions, adjusted for inflation.
4.2.4 Either Party may elect to forego the collection of all or any portion of the
Fee amount due from a particular Property Owner in exchange for the
Property Owner's provision of a reciprocal benefit to such Party, which
benefit may include, but need not be limited to, the setting aside or
Page 7 of 16
dedication to the public of a portion of the Developable Land within the
parcel for purposes such as wetlands, open space, parks or other
improvements or amenities. In the event that either party elects to forego
the collection of any Fee amounts pursuant to this provision, such Party
shall nonetheless pay into the Fee Revenue Fund the full amount of the
Fee that would have been due from the Property Owner had such election
not been made.
4.3. Funding the Maintenance of the Enhanced Improvements and Additional
Infrastructure and Services within the CAC through a Public Improvement Fee.
4.3.1 The Parties anticipate that CDOT will fund the cost of maintaining all
Project improvements except the Enhanced Improvements, and that the
cost of maintaining the Enhanced Improvements will be borne by the
Parties. In order to fund this cost, and in order to reimburse the City for its
cost for wetland mitigation, and in order to provide an ongoing funding
source for any additional infrastructure or services within the CAC that the
Parties may wish to provide for the benefit of the properties within the
CAC, each of the Parties shall require, as a condition of approval of any
Development Proposal or Redevelopment Proposal for a retail use within
the CAC, that the Property Owner or developer require all retailers within
such development to collect from their customers a Public Improvement
Fee. The PIF shall be established in accordance with the provisions of a
PIF Covenant to be approved by the Parties on or before March 31, 2011.
The PIF Covenant, once executed, shall be recorded with the Larimer
County Clerk and Recorder.
4.3.2 The Property Owner shall be responsible for ensuring that each retailer
located within the development collects the PIT at the point of sale and
remits the same to the Party having jurisdiction over the property in the
same manner as sales taxes are remitted.
4.3.3 The rate of the PIF shall be established at no more than 0.5%. The precise
amount of the PIT, the improvements and services to be funded by PIF
Revenues, the transactions subject to the PIF, and all other particulars
related to the PIF shall be agreed upon by the Parties no later than March
31, 2011, and all such improvements and services shall be shown on a
"CAC List of PIF Improvements and Services." No Development
Proposal or Redevelopment Proposal shall be approved by either Party
until the amount of the PIF and the CAC List of PIF Improvements and
Services have been approved by the governing bodies of the Parties by
resolution or ordinance unless a particular Property Owner submitting a
Development Proposal or Redevelopment Proposal agrees in writing to
impose the PIF at such time as the Parties have agreed upon the amount of
the same, have adopted the CAC List of Improvements and Services, and
have so notified the Property Owner.
Page 8 of 16
4.3.4 Within sixty (60) days after receiving any PIT Revenue, the receiving
Party shall deposit the PIF Revenue into a PIF Revenue Fund to be
established by the Parties and administered by one of the Parties pursuant
to a written administration agreement approved by the Town Manager and
the City Manager, which agreement shall include a provision whereby the
Parties will equitably share the costs incurred in administering the PIF
Revenue Fund; provided, however that the City may first reimburse itself
for the wetland mitigation referenced in Section 4.1.1 above, up to a
maximum amount of One Hundred Sixty-five Thousand Dollars
($165,000), from PIF Revenues generated by properties within its
jurisdiction before depositing subsequent PIF Revenues into the PIF
Revenue Fund.
4.3.5 The monies deposited into the PIF Revenue Fund shall be expended solely
for the purpose of defraying the costs of the improvements and services
shown on the CAC List of PIF Improvements and Services. Once all such
improvements have been constructed and services commenced, the
amount of the PIF shall be reduced to an amount commensurate with the
cost of maintaining, repairing and replacing said improvements and
continuing said services for such period of time as may be determined by
the parties to be reasonably necessary to serve the properties within the
CAC and maintain the appropriate level of infrastructure and services
therein.
4.3.6 If any Property Owners have previously constructed capital improvements
within the CAC that are shown on the CAC List of PIF Improvements and
Services, the fair market value of such improvements shall be credited
against the amount of PIF that is due from retailers whose businesses are
directly benefitted by such improvements. Said market value shall be
determined as of the date that the first PIF payment is due from any such
retailer. This "PIF Credit' shall be subject to the following terms and
conditions and also subject to any additional administrative regulations
that may be established by the Town Manager or City Manager:
a. If a PIF Credit has not been exhausted within ten (10) years of the
date of issuance of the first building permit for which a PIF was due to be
imposed under the provisions of this Article, or within such other period
as may be agreed upon in writing by the Parties, such PIF Credit shall
lapse.
b. A Property Owner or developer claiming entitlement to a PIF
Credit shall apply for the same prior to or at the time of application for the
issuance of any building permit for the development in question, which
application shall be on a form provided by the Town or City for such
purpose. Upon receipt of such application, the Town Manager or City
Manager shall determine, in writing, the maximum value of the PIF Credit
Page 9 of 16
that may be applied against the PIF due to be imposed by the PIF
Covenant.
4.3.7 No later than December 31, 2030, the governing bodies of the parties will,
formally consider whether to continue the PIF at its then current rate,
revise the amount of the PIF, or terminate the PIF altogether.
4.3.8 The Parties acknowledge that the Property Owners within the CAC are
directly affected by the amount of the PIF, the purposes for which the PIF
Revenues will be expended, and the period of time that the PIF will
remain in effect. Accordingly, the Parties are committed to continuing to
receive input from such Property Owners, as well as all other affected
parties, during the period of time that the PIF List of Improvements and
Services is being formulated. In the event that the Town Manager and the
City Manager agree, in their discretion, that such input warrants an
amendment to the provisions of this Section 4.3., the Parties shall formally
consider such an amendment on or before March 31, 2011.
SECTION 5. REVENUE SHARING
5.1. Terms and Conditions. In addition to sharing the PIF Revenues as provided in
Section 4.3. above, the Parties shall, pursuant to the following terms and conditions, share
the Property Tax Increment and Sales Tax Increment generated by properties and
businesses located within the boundaries of the CAC.
5.1.1 All tax revenues generated by the Property Tax Increment and Sales Tax
Increment shall be deposited by each Party in a separate account and shall
not be intermingled with any other funds of that Party.
5.1.2 Sixty-five percent (65%) of the Property and Sales Tax Increment
revenues generated in the CAC shall be retained by each Party for use as
that Party sees fit. The remaining thirty-fix percent (35%) of such
revenues shall be transferred to the other Party within sixty (60) days of
December 31 of each year. Annual statements showing calendar year total
receipts of all such revenues from each of the Property Owners and
retailers within the CAC shall be shared with the other Party within thirty
(30) days of December 31 of each year, and the Parties agree that these
statements are being disclosed solely for tax-related purposes and are
therefore to remain confidential.
5.1.3 Any interest earned on deposits in the account described in Section 5.1.1
above shall remain the property of the Party that collected the revenue
upon which the interest was earned and shall not be shared.
5.1.4 The share distribution shall begin on the Effective Date.
Page 10 of 16
5.1.5 Any increase or decrease in the sales or property tax rates of either the
City or the Town shall not affect the Property Tax Increment or the Sales Tax
Increment due from the City or the Town for the revenue sharing purposes of this
Section.
5.1.6 In the event either the City or the Town creates one or more exemptions
from sales taxes or property taxes, and such exemption(s) results in a reduction in
the amount of revenue collected by such Party in the CAC, the Party creating the
exemption(s) shall include the exempted amount in its calculation of the amount
of Property and Sales Tax Increment revenue that is due to the other Party under
this Section as if the exemption(s) had not been created.
5.1.7 To the extent permitted by law, this sharing of revenues shall continue in
perpetuity.
5.2. Cooperation in Attracting New Development. The Parties acknowledge and agree
that they may need to cooperate in an effort to attract desirable development. Nothing
herein shall preclude the Parties from entering into a subsequent agreement modifying the
within Section and creating incentives for development in the CAC beneficial to both
Parties. This shall include, but shall not be limited to, an agreement to reduce or
eliminate the revenue sources identified in this Section. Any such agreement shall be in
writing and set forth the terms under which a modification of this Section will occur.
5.3. Bonding. Nothing in this Agreement is intended to restrict either Party from
being able to utilize its sixty-five percent (65%) share of the Property Tax Increment
revenue and Sales and Use Tax Increment revenue as collateral or use in underwriting
any bond, note, debenture, or other municipal borrowing.
SECTION 6. INSPECTION OF RECORDS.
The City and the Town shall each have the right to inspect and audit the tax revenue and
fee collection records of the other pertaining to this Agreement. If any discrepancy is
discovered, the auditing Party shall provide written notice, including a copy of the audit
report, to the other Party. Any amount due must be paid within thirty (30) days following
the written notice or the Parties must engage in negotiations regarding the discrepancy. If
a mutual agreement is not reached in sixty (60) days, the provisions of Section 8 below
will apply.
To the extent permitted by law, all tax and revenue collection information which is
obtained by and pursuant to the inspection and audit provisions of this Agreement shall
be deemed privileged, confidential and proprietary information and is being disclosed
solely for tax-related purposes, including the calculation of revenue sharing payments
pursuant to this Agreement.
The Parties agree that they will not disclose any information to any person not having a
legitimate need-to-know for purposes authorized by this Agreement.
Page 11 of 16
The period of limitation for the recovery of any funds payable under this Agreement shall
be three (3) years from the date on which the payment is due. Upon the expiration of this
period of limitation and any action for collection or recovery of unpaid revenue sharing
funds shall be barred.
Each Party and its authorized agents may, upon thirty (30) days' advance written notice
to the other, audit the other's records of those taxes and fees which are collected within
the CAC and which are being shared pursuant to this Agreement.
SECTION 7. ANNEXATION
7.1. Amendment of Growth Management Area Boundaries. In order to promote
ongoing cooperation and collaboration between the Parties with respect to land use
planning on both sides of Interstate 25, ,and to further the purposes contained in C.R.S.
Section 31-12-102 of the Municipal Annexation Act of 1965, the Parties agree that
Interstate 25 shall become the boundary between the Fort Collins Growth Management
Area ("FCGMA") and the Windsor Growth Management Area ("WGMA").
Accordingly, after the Effective Date, neither Party shall annex, or accept any petition to
annex, property within the other Party's growth management area as amended in
accordance with this provision. Nor shall either Party annex, or accept any petition to
annex, or include within its growth management area, the right-of-way for Interstate 25
adjacent to the other Party's growth management area without the prior written consent
of the other Party. Any future amendments to the contiguous boundaries of the FCGMA
and the WGMA shall be made only if agreed upon in writing by both Parties.
7.2. County Approval of GMA Boundary Amendments. Both Parties have heretofore
entered into intergovernmental agreements.with Larimer County that establish the growth
management areas of the Parties, which agreements provide for, among other things, the
way in which development applications for properties within the FCGMA and the
WGMA will be processed by Latimer County. Accordingly, in order to ensure the
cooperation of Latimer County in implementing the provisions of this Section, each Party
shall, within one (1) year of the Effective Date, seek the approval of Latimer County to
amend its agreement with Larimer County so as to reflect the amendments to the
FCGMA and WGMA required hereunder. However, the failure of Latimer County to
approve either or both such amendments shall not affect the obligation of the Parties to
refrain from annexing territory within the FCGMA, the WGMA or the right-of-way for
Interstate 25 as required in Section 7.1 above.
7.3. Effect on Prior Annexation Agreements. The provisions of this Section shall
supersede and take precedence over any conflicting provisions contained in those certain
agreements between the Parties entitled "Intergovernmental Agreement (Regarding
Annexations East of Interstate Highway 25)" and "Intergovernmental Agreement
(Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to
Fossil Creek Reservoir), both of which are dated June 28, 1999.
Page 12 of 16
SECTION 8. MEDIATION/ARBITRATION
8.1. Enforceability of Agreement. The parties acknowledge that agreements between
municipalities for the purposes set forth herein are mutually binding and enforceable. The
parties likewise acknowledge that the unique nature of agreements between
municipalities often require equally unique remedies to ensure compliance with the
provisions of such agreements while preserving the obligations of the parties to one and
other and promoting the continued existence and effectiveness of such agreements. It is
the intent of the parties to this Agreement to provide enforcement remedies through a
combination of'alternative dispute methodologies including mediation and binding
arbitration, and thereby eliminate the necessity of judicial enforcement of this
Agreement. Nothing herein shall be deemed to preclude either party from seeking judicial
enforcement of any mediation agreement reached between the parties or binding
arbitration order entered as a result of the alternate dispute methodologies set forth
herein.
8.2. Mediation/Arbitration Process in General. Should either party fail to comply with
the provisions of this Agreement, the other party, after providing written notification to
the non-complying party, and upon the failure of the non-complying party to achieve
compliance within forty five (45) days after said notice, the issue of non-compliance shall
be submitted to mediation and thereafter, assuming no resolution has been reached
through the mediation process, shall be submitted to binding arbitration. The mediation
and binding arbitration processes shall be in accordance with the provisions hereinafter
set forth. These mediation and arbitration provisions shall be in addition to questions of
non-compliance as aforesaid, apply to all disagreements or failure of the parties to reach
agreement as may be required by the terms of this Agreement. This shall include, but
shall not be limited to, the creation of joint land use designs and standards, approval or
rejection of Development Proposals, and disputed matters concerning shared revenues.
8.3. Sharing of Costs. All costs of the mediationibinding arbitration process shall be
divided equally between the Parties.
8.4. Mediation Process. The dispute resolution process shall commence with the
appointment of a mediator who shall be experienced in matters of local government and
the legal obligations of local government entities. In the event the parties are unable to
agree upon a mediator within fifteen (15) days of the commencement of the process, each
party shall within five (5) days appoint an independent third party, and the third parties so
appointed shall select a mediator within fifteen (15) days of their appointment. Mediation
shall be completed no later than sixty (60) days after a mediator is selected by the parties
or by the independent third parties. The procedures and methodology for mediation shall
be determined by the mediator, but shall be in compliance with applicable law.
8.5. Binding Arbitration Process. In the event the parties are unable to reach
agreement through the mediation process, the matter in dispute shall be submitted to
binding arbitration. The parties agree that the order resulting from the arbitration process
shall be deemed a final and conclusive resolution of the matter in dispute. The parties
shall agree on the appointment of an arbitrator who shall be experienced in matters of
Page 13 of 16
local government and the legal obligations of local government entities. It is understood
and agreed that the parties may agree upon the appointment of that person who conducted
the mediation portion of this process as the arbitrator, but are not bound to do so. In the
event the parties are unable to agree upon an arbitrator within fifteen (15) days, each
party will appoint an independent third party, and the third parties so appointed shall
select a mediator within fifteen (15) days of their appointment. Arbitration shall be
completed no later than ninety (90) days after an arbitrator is selected by the parties or by
the independent third parties. The procedures and methodology for binding arbitration
shall be determined by the arbitrator, but shall be in compliance with applicable law.
SECTION 9. CONTINGENT ON APPROPRIATIONS
The obligations of the City and Town do not constitute an indebtedness of the City or
Town within the meaning of any constitutional or statutory limitation or provision. The
obligations of the City and Town for payment of the Sales Tax Increment under this
Agreement shall be from year to year only and shall not constitute a mandatory payment
obligation of the City or Town in any fiscal year beyond the present fiscal year. This
Agreement shall not directly or indirectly obligate the City or Town to make any
payments of Sales Tax Increment beyond those appropriated for any fiscal year in which
this Agreement shall be in effect. The City and Town Manager (or any other officer or
employee at the time charged with the responsibility of formulating budget proposals) is
hereby directed to include in the budget proposals and appropriation ordinances
submitted to the City Council and the Town Board, in each year prior to expiration of this
Agreement, amounts sufficient to meet its obligations hereunder, but only if it shall have
received such amounts in the form of Sales Tax Increment, it being the intent, however,
that the decision as to whether to appropriate such amounts shall be at the discretion of
the City Council and Town Board.
SECTION 10. MISCELLANEOUS
10.1. Amendment. This Agreement is the entire and only agreement between the
Parties regarding the sharing of(1) costs for the Project; and (2) net new tax revenues and
PIF generated with the CAC boundaries. There are no promises, terms, conditions, or
other obligations other than those contained in this Agreement. This Agreement may be
amended only in writing signed by the Parties.
10.2. Severability. Except as otherwise provided in this Agreement, if any part, term,
or provision of this Agreement is held by the courts to be illegal or otherwise
unenforceable, such illegality or unenforceability will not affect the validity of any other
part, term, or provision of this Agreement and the rights of the Parties will be construed
as if that part, term, or provision was never part of this Agreement.
10.3. Colorado Law. This Agreement is made and delivered with the State of Colorado
and the laws of the State of Colorado will govern its interpretation, validity, and
enforceability.
Page 14 of 16
10.4. Jurisdiction of Courts. Personal jurisdiction and venue for any civil action
commenced by any of the Parties to this Agreement for actions arising out of or relating
to this Agreement will be the District Court of Larimer County, Colorado.
10.5. Representatives and Notice. Any notice or communication required or permitted
under the terms of this Agreement will be in writing and may be given to the Parties or
their respective legal counsel by (a) hand delivery; (b) deemed delivered three business
days after being deposited in the United States mail, with adequate postage prepaid, and
sent via registered or certified mail with return receipt requested; or (c) deemed delivered
one business day after being deposited with an overnight courier service of national
reputation have a delivery area of Northern Colorado, with the delivery charges prepaid.
The representatives will be:
If to the City: City Manager
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80524
With a copy to
City Attorney
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80524
If to the Town: Town Manager
Windsor Town Hall
301 Walnut Street
Windsor, CO 80550
With a copy to
Town Attorney
c/o Town Manager
Windsor Town Hall
301 Walnut Street
Windsor, CO 80550
10.6. Good Faith. In the performance of this Agreement or in considering any
requested approval, acceptance, or extension of time, the Parties agree that each will act
in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably
withhold, condition or delay any approval, acceptance or extension of time required or
requested pursuant to this Agreement.
10.7. Authorization. The signatories to this Agreement affirm and warrant that they are
fully authorized to enter into and execute this Agreement, and all necessary action,
notices, meetings, and hearings pursuant to any law required to authorize their execution
of this Agreement have been made.
Page 15 of 16
10.8. Assignment. Neither this Agreement nor the City or Towns' rights, obligations or
duties may be assigned or transferred in whole or in part by either Party without the prior
written consent of the other Party.
10.9. Execution in Counterparts. This Agreement may be executed in multiple
counterparts, each of which will be-deemed an original and all of which taken together
will constitute one and the same agreement.
10.10. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, are strictly reserved to the Parties and nothing in this
Agreement shall give or allow any claim or right or cause of action whatsoever by any
other person not included in this Agreement. It is the express intention of the Parties that
no person and/or entity, other than the undersigned Parties, receiving services or benefits
under this Agreement shall be deemed any more than an incidental beneficiary only.
10.11. Recordation of Agreement. The City shall record a copy of this Agreement in the
office of the Clerk and Recorder of Larimer County, Colorado.
10.12. Execution of Other Documents. The Parties agree to execute any additional
documents and to take any additional actions necessary to carry out the terms of this
Agreement.
CITY OF FORT COLLINS
Mayor
ATTEST:
City Clerk
TOWN OF WINDSOR,
Mayor
ATTEST:
Town Clerk
Page 16 of 16
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CITY OF FORT COLLINS
GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS
These map products and all underlying data am developed bar use by the City of Fort Collins for r1s; internal purposes only. Employment • Collinsof
and were not designed or intended for general use by members ofthe public Tine City malves no representation or
warranty as to its accuracy,Loneliness, or completeness, and! in locifficular, its accuracy in labeling or displaying Fort Collins
dimensions, cultures, proiderty boundaries. or placement a location of any, map features thereon THECRYOFFORT
COLLINS MAI(ES NO WARRANTY OF MERCHANTABILITY ORWARRAINTY FOR FITNESS OF USE FOR All Windsor GMA
Printed :PARTICULAR PURPOSE, EXPRESSED OR IMPLIED.WITH RESPECT TO THESE MAP PRODUCTS OR THE
UNDERLYING DATA AM uses ofthese map products, map applications, or data accepts them AS 13,WITH ALL GIS
FAULTS. and assumes all desidonsibillty of the use thereof, add further covenants and agrees to hold Me City harmless
from and against all damage, loss, or liability among man any use of this map product, in considerawn a Me City s having
made ME information available Independent verification of all door contained herein should the obtained by any users of Parcels
theseproducts. orunderlyingdonal The City dideolaims, and shall nor be held liable for any and all damage, loss, or
fiathifinly whether direct. indirect, or consequenticil, which anses or may anse"in these map products or Meuse thereof by any person or county
2010
Exhibit B
Intergovernmental Agreement- Pertaining to the Development of the
Interstate 1-25/Colorado Highway 392 Interchange
Permitted Uses in the Corridor Activity Center
Land Use Table
Lodging
Retail Store
Multi-Family Mixed-Use
Mixed Used Residential
Offices/Financial
Retail Establishment/Big Box
Small Scale Rec./Events Center
Standard Restaurant
Personal/Business Service Shops
Health Club
Schools-PrivateNocational Colleges
Drive Thru Restaurants
Fast Food Restaurants
Grocery/Supermarket
Medical Center/Clinics
Entertainment Facilities/Theaters
Tele-Communication Equipment, excluding freestanding towers
Cultural Venues
Fuel Sales Convenience Stores
Hospital
Long Term Care Facilities
Adult Day Care Centers
Unlimited Indoor Recreation
December 13,2010 Land Use Table
RESOLUTION 2010-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A CONTRACT WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND
THE TOWN OF WINDSOR CONCERNING
THE FUNDING, CONSTRUCTION AND MAINTENANCE OF
IMPROVEMENTS TO THE I-25/STATE HIGHWAY 392 INTERCHANGE
WHEREAS,the Interstate 25/State Highway 392 Interchange("Interchange"),located
at Exit 262,borders the western limits of the Town of Windsor("Town")and the southeastern limits
of the City of Fort Collins ("City"); and
WHEREAS, the City and the Town have worked cooperatively in recent months to finalize
the design plan for improvements to the Interchange (the"Plan")and to identify sufficient funding
to finance the construction of those improvements; and
WHEREAS,the City and the Town have negotiated a contract with the Colorado Department
of Transportation ("CDOT") to construct the improvements to the Interchange in accordance with
the Plan (the "Contract"); and
WHEREAS,on this same date,the City Council has adopted Resolution 2010-077 approving
an intergovernmental agreement between the City and the Town that establishes a Corridor Activity
Center adjacent to the Interchange (the "CAC"), approves certain land uses within the CAC,
establishes a process for developing design standards for improvements within the CAC, provides
for the imposition and collection of impact fees and public improvement fees, and also provides for
revenue sharing between the City and Town with regard to sales tax revenues generated within the
CAC; and
WHEREAS,the City Council believes that it is in the best interests of the City to enter into
the contract with CDOT and the Town.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that entering into the Contract is in the best
interests of the City.
Section 2. That the Mayor is hereby authorized to execute the Contract in substantially
the form shown on Exhibit "A," attached hereto and incorporated herein by this reference, subject
to such modifications as the City Manager may, in consultation with the City Attorney, deem
necessary or desirable to protect the interests of the City and effectuate the purposes of this
Resolution.
Section 3. That by the terms of this Resolution, the City Council specifically
acknowledges and affirms that it has, through Ordinance No. 111, 2010, properly appropriated
sufficient funds to satisfy the City's obligations under the Contract.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of December, A.D. 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT A
(Local $CDOTWRK) Rev 10/03
Project IM 392A-012 (16639) 11 HA4 25823
SH 392 & I-25 Interchange Reconstruction 331000382
City of Fort Collins and the Town of Windsor
IGA 93 —Construction, Maintenance & Ownership
Region 4 (rp)
CONTRACT
THIS CONTRACT made this_day of 20___,by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred
to as the "State" and the CITY OF FORT COLLINS, Colorado, hereinafter referred to as the
"City", CDOT Vendor#: 2000023, and the TOWN OF WINDSOR, Colorado, hereinafter referred
to as the"Town", CDOT Vendor 2000340, the City and the Town are hereinafter referred to as the
"Contractor" or the "Local Agency." The parties hereto may be collectively referred to as "the
Parties".
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project
and Local Agency costs in Fund Number 400, Function 3301, GL Acct. 4231200011. WBS
Element and 16639.20.10, (Contract Encumbrance Amount: $0.00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to
provide maintenance and construction of highways that are part of the state (or local agency)
highway system.
4. The Parties hereto jointly anticipate a project for the reconstruction of the ramps and SH 392
overpass over I-25, the relocation of the west frontage road and the associated improvements in the
vicinity of the existing interchange and by the date of execution of this contract, a preliminary
CDOT Form #463 describing the general nature of the work will be completed by the Parties. It is
understood and agreed that the Parties may revise this form before the Work begins as a result of
jointly agreed upon design changes. CDOT shall perform the Work described in form#463.
5. The Parties have made funds available for project IM 392A-012, (16639) which shall consist of
Reconstruction of the ramps and overpass at the interchange of I-25 and SH 392 and the relocation
of the west frontage road, referred to as the "Project" or the "Work." Such Work will be
performed in Fort Collins and Windsor, Colorado, specifically described in Exhibit A.
Page 1 of 12
6. The Local Agency has funds available and desires to provide $5,000,000 of the funding for
the work. Copies of ordinances and/or resolutions adopted by the City of Fort Collins and the
Town of Windsor acknowledging the availability of such funds and appropriating same for this
project are attached hereto and incorporated herein as Exhibit`B".
7. The Parties have estimated the total cost of the work and are prepared to provide the required
funding required to complete the work in accordance with the terms and conditions of this
Contract, and the City of Fort Collins and the Town.of Windsor hereby represent that they are
legally authorized to enter into this Contract in accordance with Section 4 of this Contract.
8. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-
101(4)(c) and 43-2-144, C.R.S. and Exhibit B.
9. The Parties hereto desire to agree upon the division of responsibilities with regard to the project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of Reconstruction of the overpass
structure and ramps, relocation of the west frontage road, in Fort Collins and Windsor, Colorado,
as more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such
conflicts or inconsistencies shall be resolved by reference to the documents in the following order
of priority:
1. This contract
2. Exhibit A(Scope of Work)
3. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on
the date made, whichever is later. The term of this contract shall continue through the
completion and final acceptance of the Project by the State, FHWA and the Local Agency.
Section 4. Project Funding Provisions
A. The Parties have estimated the total cost of the work and are prepared to provide the funding
for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by
the authorized representatives of the Local Agency, which expressly authorizes the Local
Agency to enter into this contract and to expend its funds for the project. A copy of this
ordinance or resolution is attached hereto and incorporated herein as Exhibit B.
Page 2 of 12
B. The Parties have estimated the total cost of the work to be$25,000,000 which is to be funded
as follows:
State Contribution $20,000,000
Local Agency Funds $5,000,000
Total Funds: $25,000,000
C. The "Total Funds" as recited above shall be the maximum amount to be paid by the
Parties, unless such amount is modified by a written amendment. It is understood and agreed by
the Parties hereto that the total cost of the work is the best estimate available, based on the design
data as approved at the time of execution of this contract.
D. The Parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from all sources, as applicable. Should these sources fail to
provide necessary funds as agreed upon herein, the contract may be terminated by either party,
provided that any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur as a
result of such termination.
Section 5. Project Payment Provisions
A. The Local Agency will provide the agreed upon funding for this project in accordance with
the provisions of Section 4 of this Contract, and subsequent modifications thereto agreed upon
by the Parties.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
1. Upon receipt of each bill from the State, the Local Agency will remit to the State
the amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may be agreed between the Parties hereto, the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal
amount from future apportionment due the Local Agency from the Highway
Users Tax Fund and to pay such funds directly to the State. Interim funds, until
the State is reimbursed, shall be payable from the State Highway Supplementary
Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the
payment which was not made in a timely manner, until the billing is paid in full.
The interest shall accrue for the period from the required payment date to the date
Page 3 of 12
on which payment is made.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit D describes the Work to
be performed and assigns responsibility of that Work to either the Local Agency or the State.
The"Responsible Party" as referred to in this Contract means the Responsible Party as identified
in the Local Agency Contract Administration Checklist in Exhibit D.
A. Design [if applicable]
1. If the Work includes preliminary design or final design (the "Construction
Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the
"Plans"), the responsible party shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the
Work.
b. prepare final design (Construction Plans) in accord with the requirements
of the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
C. prepare special provisions and estimates in accord with the State's
Roadway and Bridge Design Manuals and Standard Specifications for
Road and Bridge Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the
construction contract except by agreement in writing between the Parties.
The Plans shall be considered final when approved and accepted by the
Parties hereto, and when final they shall be deemed incorporated herein.
B. Construction
1. The Responsible Party shall perform the construction in accordance with the
approved design plans and/or administer the construction. all in accord with the
Local Agency Contract Administration Checklist. Such administration shall
include project inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing
and inspection activities; preparing and approving pay estimates; preparing,
approving and securing the funding for contract modification orders and minor
contract revisions; processing contractor claims; construction supervision; and
meeting the Quality Control requirements of the FHWA/CDOT Stewardship
Agreement, as described in the Local Agency Contract Administration Checklist.
Page 4 of 12
2. If the State is the Responsible Party:
a. it shall appoint a qualified professional engineer, licensed in the State of
Colorado, as the State Agency Project Engineer (SAPE), to perform that
administration. The SAPE shall administer the project in accordance with
this contract, the requirements of the construction contract and applicable
State procedures.
b. if bids are to be let for the construction of the project, the State shall, in
conjunction with the Local Agency, advertise the call for bids and upon
concurrence by the Local Agency will award the construction contract(s)
to the low responsive, responsible bidder(s).
(1) in advertising and awarding the bid for the construction of a
federal-aid project, the State shall comply with applicable
requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and
C.R.S. § 24-92-101. et seq. Those requirements include, without
limitation, that the State/contractor shall incorporate Form 1273
(Exhibit H) in its entirety verbatim into any subcontract(s) for
those services as terms and conditions therefore, as required by 23
CFR 633.102(e).
(2) the Local Agency has the option to concur or not concur in the
proposal of the apparent low bidder for work on which competitive
bids have been received. The Local Agency must declare its
concurrence or non-concurrence within 3 working days after said
bids are publicly opened.
(3) by indicating its concurrence in such award, the Local Agency,
acting by or through its duly authorized representatives, agrees to
provide additional funds, subject to their availability and
appropriation for that purpose, if required to complete the Work
under this project if no additional federal-aid funds will be made
available for the project.
C. If all or part of the construction work is to be accomplished by State
personnel (i.e. by force account), rather than by a competitive bidding
process, the State will ensure that all such force account work is
accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR 635, Subpart B, Force Account Construction.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the
Responsible Party will certify in writing to the State that all right of way has been acquired in
accordance with the applicable state and federal regulations, or that no additional right of way is
required.
Page 5 of 12
Any acquisition/relocation activities must comply with: all applicable federal and state
statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation
Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs
as amended (49 CFR Part 24); CDOT's Right of Way Manual; and CDOT's Policy and
Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation
(3109 charges) activities, if any, and right of way incidentals (expenses
incidental to acquisition/relocation of right of way—3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation
(3109 charges)but no participation in incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and
relocation activities (3109 expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Local
Agency's and the State's responsibilities for each option is specifically set forth in CDOT's
Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/.
If right of way is purchased by the Local Agency for a state highway, including areas of
influence of the state highway, the local agency shall immediately convey title to such right of
way to CDOT after the local agency obtains title.
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance
or approval from any utility company, which may become involved in this Project. Prior to this
Project being advertised for bids, the Responsible Party will certify in writing that all such
clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company's facilities whereby
the Work is to be accomplished by railroad company forces, the Responsible Party shall make
timely application to the Public Utilities Commission requesting its order providing for the
installation of the proposed improvements and not proceed with that part of the Work without
compliance. The Responsible Party shall also establish contact with the railroad company
involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B,
concerning federal-aid projects involving railroad facilities, including:
1. Executing an agreement setting out what work is to be accomplished and the
location(s) thereof, and that the costs of the improvement shall be eligible for
federal participation.
2. Obtaining the railroad's detailed estimate of the cost of the Work.
Page 6 of 12
3. Establishing future maintenance responsibilities for the proposed installation.
4. Proscribing future use or dispositions of the proposed improvements in the event
of abandonment or elimination of a grade crossing.
5. Establishing future repair and/or replacement responsibilities in the event of
accidental destruction or damage to the installation.
Section 10. Environmental Obligations
The State shall perform all Work in accordance with the requirements of the current
federal and state environmental regulations including the National Environmental Policy Act of
1969 (NEPA) as applicable.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate portions of the improvements at its own cost
and expense during their useful life as set forth in this contract, in a manner satisfactory to the
State and FHWA. The Local Agency will make proper provisions for such maintenance
obligations each year. Such maintenance and operations shall be conducted in accordance with
all applicable statutes, ordinances and regulations which define the Local Agency's obligations
to maintain such improvements. The State and FHWA will make periodic inspections of the
project to verify that such improvements are being adequately maintained. Maintenance duties
shall be completed as described in Exhibit A, under the section Maintenance obligations.
The Local Agency maintenance responsibilities include maintenance of aesthetic
retaining walls and features and landscaping items further identified in Exhibit B. In the event
that the improvements to be maintained by the Local Agency are not maintained in an
appropriate manner, CDOT reserves the right to notify the Local Agency, and if such
maintenance remains deficient for a period of thirty (30) days after such written notice, CDOT
shall perform maintenance deemed necessary and the Local Agency will reimburse CDOT for
the cost of such maintenance action.
See Attachment A-1 for graphic depiction of landscape areas and enhanced aesthetic
areas with designation of responsibility. .
Section 12. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and
other written materials, which pertain to the costs incurred under this contract. The State shall
maintain such records for a period of three (3) years after the date of termination of this contract
or final payment hereunder, whichever is later, or for such further period as may be necessary to
resolve any matters which may be pending. The State shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the
Local Agency and FHWA to inspect the project and to inspect, review and audit the project
records.
Section 13. Termination Provisions
Page 7 of 12
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written
notice of termination to the Local Agency and specifying the effective date thereof, at least
twenty(20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a
timely and proper manner, its obligations under this contract, or if the Local Agency shall violate
any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have
the right to terminate this contract for cause by giving written notice to the Local Agency of its
intent to terminate and at least ten (10) days opportunity to cure the default or show cause why
termination is otherwise not appropriate. In the event of termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports or other
material prepared by the Local Agency under this contract shall, at the option of the State,
become its property, and the Local Agency shall be entitled to receive just and equitable
compensation for any services and supplies delivered and accepted. The Local Agency shall be
obligated to return any payments advanced under the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the contract by the Local Agency,
and the State may withhold payment to the Local Agency for the purposes of mitigating its
damages until such time as the exact amount of damages due to the State from the Local Agency
is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in
default or that the Local Agency's action/inaction was excusable, such termination shall be
treated as a termination for convenience, and the rights and obligations of the Parties shall be the
same as if the contract had been terminated for convenience, as described herein.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and
that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise
that authority, and to lawfully authorize its undersigned signatory to execute this contract and to
bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local
Agency warrants that such person(s) has full authorization to execute this contract.
Section 15. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,
Region 4, 1420 2"d Street, Greeley, CO 80631. Said Region Director will also be responsible for
coordinating the State's activities under this contract. All communications relating to the day-to-
day activities for the work shall be exchanged between representatives of the State's
Page 8of12
Transportation Region 4 and the Local Agency. All communication, notices, and
correspondence shall be addressed to the individuals identified below. Either party may from
time to time designate in writing new or substitute representatives.
If to the State: If to the City of Fort Collins:
Pete Graham, PE Helen Migchelbrink, PE
CDOT Region 4 City Engineer
Local Agency Engineer 281 N. College Avenue
1420 2"d Street Ft Collins Colorado 80537
Greeley, Colorado 80631 (970) 962- 2514
(970) 350-2126
If to the Town of Windsor:
Dennis Wagner
Town of Windsor
301 Walnut
Windsor, Colorado 80550
Section 16. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the Parties hereto and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of
this contract and all rights of action relating to such enforcement, shall be strictly reserved to the
State and the Local Agency. Nothing contained in this contract shall give or allow any claim or
right of action whatsoever by any other third person. It is the express intention of the State and
the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition
of this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The Parties
understand and agree that liability for claims for injuries to persons or property arising out of
negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and
employees is controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or
hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or
hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the
Page 9 of 12
Parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision or requirement.
Section 21 Entire Understanding
This contract is intended as the complete integration of all understandings between the
Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have
any force or effect whatsoever, unless embodied herein by writing. No subsequent novation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the Parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable as provided herein.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically
be incorporated into and be part of this contract on the effective date of such change as if fully
set forth herein. Except as provided above, no modification of this contract shall be effective
unless agreed to in writing by both Parties in an amendment to this contract that is properly
executed and approved in accordance with applicable law.
Section 24. Disputes
Except as otherwise provided in this contract, any dispute concerning a question
of fact arising under this contract which is not disposed of by agreement will be decided by the
Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be
final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such
written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any
appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be
heard and to offer evidence in support of its appeal. Pending final decision of a dispute
Page 10 of 12
hereunder, the Local Agency shall proceed diligently with the performance of the contract in
accordance with the Chief Engineer's decision. The decision of the Executive Director or his
duly authorized representative for the determination of such appeals wi11 be final and conclusive
and serve as final agency action. This dispute clause does not preclude consideration of
questions of law in connection with decisions provided for herein. Nothing in this contract,
however, shall be construed as making final the decision of any administrative official,
representative, or board on a question of law.
25. Governmental Immunity
Notwithstanding any other provision to the contrary, nothing herein shall constitute a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended.
Liability for claims for injuries to persons or property arising from the negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials, and employees and of the
Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and
the risk management statutes, CRS §24-30-1501, et seq., as amended.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 11 of 12
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTORS: STATE OF COLORADO:
Citv of Fort Collins BILL RITTER,JR.GOVERNOR
Legal Name of Contracting Entity
2000023 By
CDOT Vendor Number Executive Director
Department of Transportation
Signature of Authorized Officer LEGAL REVIEW:
JOHN W.SUTHERS
ATTORNEY GENERAL
Print Name&Title of Authorized Officer
CORPORATIONS: By
Print Name&Title of Authorized Officer
(A corporate attestation is required.)
Approved As To Form:
Assistant City Attorney
Attest(Seal) By
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available)
Town of Windsor
Legal Name of Contracting Entity
2000340
CDOT Vendor Number
Signature of Authorized Officer
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Approved As To Form:
Town Attorney
Attest(Seal)By
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or
such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and
dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or
services provided.
STATE CONTROLLER:
Page 12 of 12
DAVID J.MCDERMOTT,CPA
By
Date
Page 13 of 12
EXHIBIT A
SCOPE OF WORK
A. The Work under this contract shall consist of Construction, Maintenance and Ownership of the
proposed reconstruction of I-25 at SH 392 interchange, in Windsor and Fort Collins, Colorado. The
specific physical improvements that make up the work shall include construction of the ramps,
overpass, subsidiary structures such as retaining walls and slope pavements, highway pavement,
lighting, drainage pipes,detention structures, signing and signalization.
B. The property interests associated with the Interchange under this contract shall include, but not be
limited to the ownership of the following:
1. --Right of way and access control;
2. Ramps associated with the Interchange;
3. Retaining Walls associated with the interchange
4. Physical features and related facilities of the Interchange, including, e.g., the Interchange
Structure, and the Interchange Structure's associated lighting, culverts, etc.;
5. Other Interchange-related facilities, as appropriate, e.g:, bike paths, pedestrian facilities, etc.
C. The division of property interests associated with the Interchange shall be as follows:
1. CDOT shall own all of the Interchange improvements, except the improvements
designated as Local Agency property in sub-paragraph Section 1.C.2,below.
2. Local Agency shall own the landscaping and irrigation beyond minimum CDOT
standard, enhanced architectural features (see Exhibit Al) within the limits of the Interchange
areas.
3. CDOT and the Local Agency shall have the right of access to all of the property
interests associated with the Interchange.
D. Fort Collins and Windsor employees may attend project meetings and direct
costs shall be considered a part of the local match portion of the project funding.
E. The Local Agency shall provide construction management overview on the project
to ensure Local Agency requirements are met and to facilitate formal communications with CDOT
project personnel. The Local Agency representative will communicate with the CDOT project
manager for the purpose of coordination with various city departments, property owners and other
Parties as needed during the course of construction. The Representative may attend project
meetings. The Local Agency shall withhold from billing statements the direct costs accrued by
staff up to the amount of$40,000.
F. In the event of bid savings, if the total participating cost of performance of
the Work is less than $25,000,000, then the amounts of Local Agency and federal-aid
funds will be decreased in accordance with the funding ratio set forth in Section 4(B).
MAINTENANCE OBLIGATIONS
Maintenance activities shall be allocated as follows:
A. Hardscape
Exhibit A, Page 1 of 5
EXHIBIT A
CDOT shall, at its own cost and expense, maintain and operate the Hardscape improvements
constructed under this Contract(Interchange roadway), during their useful life.
CDOT Hardscape Maintenance shall include, but not limited to:
CDOT shall perform, at its costs, the Maintenance Activities for the 1-25 mainline roadway,
Interchange Ramps, from edge of pavement line to edge of pavement line, curb line to curb line,
and Ramp guardrails, the SH 392 mainline roadway within the limits of the CDOT right-of-way.
The total cost of all other Maintenance Activities listed below, for the indefinite future, shall be
borne by the Local Agency and shall be at no cost to CDOT. It is understood by the Parties that
the total cost of the Maintenance Activities presumes the Maintenance Activities will be
conducted as prescribed by generally accepted CDOT practices, and will include, as required by
the Policy Directive and as appropriate and unless otherwise excluded in this Contract, the
following features and activities:
CDOT Maintenance Activities(see Exhibit Al for limits of CDOT maintenance area):
Structure#C-17-ER:
a) general maintenance of the new structures
b) rehabilitation of the new structures
c) replacement of the new structures
d) prescribed structural inspection
Pavement and other hard surfaces:
a) surface condition on the ramps from the ramp gores through the ramp termini
b) Surface condition from the outside edge of sidewalk to outside edge of pavement not
including the landscaped portion or the raised medians
Retaining Walls:
a) structural condition of the structural components of the essential retaining walls (as shown in
Exhibit Al)
Traffic Features:
b) all required regulatory, and guide signs on the ramps and SH 392
c) guardrail on the ramps and mainline 392
d) all required traffic striping and pavement markings
e) operation of traffic control equipment
Drainage:
a. existing drainage swales and culverts not affected by additional landscaping
b. major structural maintenance of drainage pipes within CDOT right-of-way
Other:
a) routine maintenance of all roadway surfaces constructed by the project including patching and
paving, snow and ice removal, sanding, and sweeping.
b) any other activities necessary to preserve the functional integrity of the Interchange and the State
Highway system
Exhibit A, Page 2 of 5
EXHIBIT A
CDOT and the Local Agency shall be responsible to perform all tasks, as are identified herein,
which are needed to complete the Maintenance Activities, as described below:
Local Agency Maintenance Activities:
The Local Agency shall perform, at their costs, Maintenance Activities pursuant to Section
43-2-135, Colorado Revised Statutes.: In addition, all new structural elements added as a
result of this project will become the responsibility of FC/W to inspect and maintain as shown
in Exhibit Al. The total cost of all other Maintenance Activities listed below, for the
indefinite future, shall be borne by the Local Agency and shall be at no cost to CDOT. It is
understood by the Parties that the total cost of the Maintenance Activities presumes the
Maintenance Activities will be conducted as prescribed by generally accepted CDOT
practices, and will include, as required by the Policy Directive and as appropriate and unless
otherwise excluded in this Contract,the following features and activities:
1. retaining wall barriers and aesthetic surface features, including, but not limited to,
painting and graffiti removal
2. additional landscaping features and all irrigation components beyond minimum CDOT
standard(further described in Landscape Permit to be submitted prior to construction)
3. additional landscaped drainage areas including cleaning of sediment and debris from
sediment pond areas
4. enhanced architectural and aesthetic treatments including fagades on essential retaining
walls
5. snow and ice removal, sweeping and other activities required to maintain sidewalks and
bike paths behind the curb or edge of pavement
6. Structural repairs on non-essential retaining wall as determined by CDOT Staff Bridge
inspection standards further described below:
Local Agency Structural Maintenance Activities:
The Local Agency shall maintain at its own cost, all new non-essential structures including
portions of retaining walls on the ramps. Inspection requirements include:
Upon completion of the project, a qualified Structural Engineer (as approved by CDOT)
shall certify that the walls have been constructed in accordance with the plans and the
structure will perform as designed.
Any structural deficiencies discovered during the certification process will be identified
and the Local Agency shall take appropriate action to correct such deficiencies. All costs
for as constructed structural inspections and subsequent maintenance activities shall be
home by the Local Agency.
Every 4 years thereafter, or as policy dictates, CDOT shall perform structural inspections of
all retaining walls as defined above. CDOT will provide a report to the Local Agency when
deficiencies are found that require remediation.
If during the life of the non-essential retaining walls the structural integrity appears to be
compromised due to vehicle crashes or deterioration of materials, CDOT shall be contacted
by the Local Agency to the following contact person:
1) State Bridge Branch Manager
4201 E. Arkansas Avenue Denver, CO 80222
Phone(303) 757-9309
Exhibit A, Page 3 of 5
EXHIBIT A
2) State Bridge Inspection Engineer
4201 E. Arkansas Avenue Denver, CO 80222
Phone (303) 757-9188
B. Landscape
1. The Local Agency shall be responsible for maintenance of landscaped features within the
hnterchange, further detailed in a subsequent landscape permit. Said maintenance
responsibilities shall include, but not be limited to approved temporary irrigation,
replacement of dead or diseased sod or other plants, mowing native and temporary
irrigated grasses for aesthetics and weed control purposes, pruning, spraying of
insecticides and fungicides, and trash removal. The Local Agency shall provide all
personnel, equipment and other services necessary to satisfactorily perform such
maintenance responsibilities, at no cost to the State. The water for irrigation for
establishment should be provided by the contractor under the construction contract.
2. The Local Agency shall, at its own expense, repair any damage to new or existing
adjacent structures such as retaining walls, or landscaped features resulting from their
maintenance activities, including damage resulting from broken or damaged irrigation
systems, as soon as possible following the damage.
3. The State reserves the right to determine the conformance of the Landscape Maintenance
by the Local Agency under this Contract. The State will notify the Local Agency in
writing of any deficiency in the work. Upon notice of any deficiency in the Landscape
Maintenance, either: a) by the State; or b) by its own observation; or c) by any other
means, the Local Agency shall take action as soon as possible, but not later than 30
working days after such notice to correct the deficiency and to protect the safety of the
traveling public. In the event the Local Agency, for any reason, does not, or cannot
correct the deficiency within 30 working days, or does not demonstrate that action
satisfactory to cure such default has been commenced and will be completed in a timely
manner, or does not otherwise demonstrate that no deficiency exists, the State reserves
the right to correct the deficiency and to bill the Local Agency for such work.
4. The Local Agency and its agents or contractors shall, during the term of this agreement,
be permitted to enter upon the Interchange for the purpose of performing the maintenance
activities. Local Agency shall use its reasonable efforts to restrict access to the
Interchange to only those persons and equipment necessary to perform the work
described in this agreement. The Local Agency and its agents, employees and assigns
shall not use the mainline roadway of I-25 as a means of ingress or egress to and from the
Interchange with respect to any Landscape Maintenance task to be performed by the
Local Agency pursuant to the terms of this agreement. In lieu thereof, the Local Agency,
its agents, employees, and assigns shall access the 1-25 ROW from the Interchange
Ramps at locations approved by CDOT.
5. The Local Agency shall require any contractors, consultants or agents performing
Landscape Maintenance for the Local Agency under this agreement (hereinafter referred
to collectively as "contractor(s)") to maintain at all times and at such contractor's sole
I xpense, general liability insurance, in the amount of the least $1,000,000.00 per
occurrence, which amount may be in effect as of the date of execution of any contract,
but which amount shall be adjusted from time to time to take into consideration the
changes in the value of money and the changes in the financial risks for which the
insurance is being carried. Such insurance shall be.written by companies of recognized
financial standing which are authorized to do insurance business in the State of Colorado.
Exhibit A, Page 4 of 5
EXHIBIT A
All insurance maintained pursuant to this paragraph shall name the State as an additional
insured, and shall provide that no cancellation or reduction thereof shall be effective until
at least thirty (30) days after receipt by the State of written notice thereof. The Local
Agency shall, upon request, furnish the State with certificates of such insurance.
6. In the event that the Local Agency defaults on its landscape maintenance responsibilities,
the State at its discretion may continue to maintain the landscape in accordance with the
normal standards of the State or may allow the landscaped area to revert to its original
(native) condition. In the event of such default by the Local Agency, the State reserves
the right to bill the Local Agency for its work to cure the default.
7. The Local Agency acknowledges and agrees that the State may, in the future, expand the
I-25 corridor, and in the event of such expansion, the landscaped features and other
improvements being maintained by the Local Agency may be modified by the State. In
the event of such modification, addition to or demolition of the I-25 corridor by the State,
the State shall provide to the Local Agency, at least 180 days prior to the commencement
of any such activities, written notice, which shall include specific descriptions of the
impact of such activities upon the landscaped features. The State and Local Agency,
mutually agree to fully cooperate with one another and to take all steps necessary to
coordinate the activities to be performed by the State so as to minimize the impact upon
and damage to the landscaped features and other improvements installed in the
Interchange and to maximize the salvage and preservation of the landscaping and other
improvements to the Interchange during such work to be performed by the State. At the
Local Agency's option, and after approval by the state by a license agreement or other
appropriate permit, the Local Agency may remove any materials or growing stock
located in such landscaped areas, provided that such removal occurs during the 180-day
notice period.
Exhibit A, Page 5 of 5
EXHIBIT Al
' I I 9:.'LL 7A ;:ALL 7C3
I, 11
WALL 1-\
dt f r;ALL 3B--- '
V LL 2 �9 —�' V:A.LL 6
;CALL 40— :'BALLS
Y1ALL 4C
ViALL 81B 1•
VYALL 4G A
DESIGN MAINTENANCE
WALL STRUCTURE NO. LENGTH HEIGHT RESPONSIBILITY(2)
MSE BLOCK WALLS
WALL 1 WALL-C-17-1 591'-2 3/4" 4'TO 20' A
WALL 2 WALL-C-17-J 723'-2 1/2" 4 TO 20' A
CIP WALLS
WALL 5 WALL-C-17-M 189'-3 3/8" 4'TO 10' A
WALL 6 WALL-C-17-N 135'-0 3/8" 6'TO 10' A
MSE STONE VENEER WALLS
WALL 3A WALL-C-17-K 235'-10 1/2" 8'TO 18' B
WALL 4C WALL-C-17-S 200'-0" 4'TO 13' B
WALL 4D WALL-C-17-L 172'-8 1/4" 4'TO 12' B
WALL 7A WALL-C-17-0 220'-8 1/2" 7'TO 17' B
WALL 8B WALL-C-17-P 108'-9" 4'TO 12' B
EAST ABUTMENT WALL-C-17-R 412'-3 7/8" 6'TO 29' B
WEST ABUTMENT WALL-C-17-Q 450'-0 1/2" 7'TO 29' B
CIP STONE VENEER WALLS
WALL 36 Non-Essential 1 88'-3 1/2" 6' C
WALL 3C Non-Essential 1 8V-11 7/89: 5' C
WALL 4B Non-Essential 1 61'-5 1/8' 6' C
WALL 7B Non-Essential 1 84'-1 1/4" 6'TO 8' C
1. Non-Essential = Aesthetic only wall purpose
2. A = CDOT maintains all elements of the wall;
B = CDOT inspects and maintains structural elements of the wall and
Fort Collins/Windsor maintains stone veneer elements of the wall;
C = Fort Collins/Windsor maintains all elements of the wall.
Exhibit B
CITY OF FORT COLLINS
ORDINANCE
or
RESOLUTION
EXHIBIT "C"
TOWN OF WINDSOR
RESOLUTION NO. 2010-72
A RESOLUTION APPROVING THAT CERTAIN CONTRACT BETWEEN THE TOWN OF
WINDSOR. THE CITY OF FORT COLLINS, AND THE STATE OF COLORADO,FOR THE
USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION,
CONCERNING THE FUNDING, CONSTRUCTION AND MAINTENANCE OF
IMPROVEMENTS TO THE I-25 / SH 392 INTERCHANGE AND ACKNOWLEDGING THE
APPROPRIATION OF FUNDS BY THE TOWN PURSUANT TO THE PROVISIONS OF SAID
CONTRACT
IT IS HEREBY RESOLVED BY THE TO1,VN BOARD OF THE TOWN OF WINDSOR,
COLORADO, AS FOLLOWS:
1. That the Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the CONTRACT between the Town of Windsor.the City of Fort Collins and the State
of Colorado,for the use and benefit of the Colorado Department of Transportation,a copy of which
is attached hereto and made a part hereof by this reference.
2. That the Town of Windsor hereby authorizes the Mayor of the Town to execute
the CONTRACT on behalf of the Town.
3. That by the terms of this Resolution,the Town Board specifically acknowledges and
affirms that it has, through the ordinance approving the Town's budget, properly appropriated
sufficient funds to satisfy the Town's obligations under the CONTRACT.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this
13"'day of December, 2010.
TOwTT OF WINDSOR, COLORADO
John S. Vazquez, Mayor
ATTEST:
Patti Garcia'Tvwvn Clerk
Exhibit D
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT_ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
I 392A-012
SR46606, 16639 4
SSP4028,
SSP4028.
Project Location Date
SH 392 at 1-25 in Larimer County 9/2/2010
Project Description
SH 392&1-25 Reconstruction
Local Agency Local Agency Project Manager
City of Fort Collins and Town of Windsor Rick Richter
CDOT Resident Engineer CDOT Project Manager
Pete Graham Long Nguyen
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement.Section numbers correspond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an W under the responsible party,opposite each of the tasks.The"X"denotes the
party responsible for initiating and executing the task Only one responsible party should be selected.When neither CDOT nor
the Local Agency is responsible for a task,not.applicable(NA)shall be noted..In addition,a"#"will denote that CDOT must
concur or approve.
Tasks that will be performed by Headquarters staff will be indicated.The Regions,in accordance with established policies and
procedures,will determine who W11 perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager,in cooperation with the Local
Agency Project Manager,and submitted to the'Region Program Engineer,lf contract administration responsibilities change,the
COOT Resident Engineer,in cooperation with the Local Agency Project Manager,will prepare and distribute a revised checklist
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
TIP/STIP AND LONG-RANGE PLANS
2.1 1 Review Project to ensure it is consist with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases(CDOT Form 416-Federal-aid Program Data.Requires FHWA X
cmcurten,Xvolvement)
PROJECT DEVELOPMENT
5.1 Prepare Desi n Data-CDOT Form 463 .X X
5.2 Prepare Local Agency/CDOT Inter-Governmental Agreement(see also Chapter 3 X
5.3 Conduct Consultant Selection/Execute Consultant Agreement X
5.4 Conduct Design Scoping Review Meeting X
5.5 Conduct Public Involvement X
5.6 Conduct Field Inspection Review FIR X X
5.7 Conduct Environmental Processes(may require FHWA concurrence/involvement) X X
5.8 Acquire Right-of-Way(may require FHWA concurrenceAnvotvement) X
5.9 1 Obtain Utility and Railroad Agreements X X
5.10 Conduct Final Office Review FOR X X
5.11 Justify Force Account Work by the Local Agency X
5.12 Justify Proprietary,Sole Source,or Local Agency Furnished Items _ X
5.13 Document Design Exceptions-CDOT Form 464 X
5.14 Prepare Plans,Specifications and Construction Cost Estimates X
CDOT Form 1243 09106 Pagel of 4
Previous editions are obsolete and may not be used
Exhibit D, Page 1 of 4
Exhibit D
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA COOT
5.15 Ensure Authorization of Funds for Construction X
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6.1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and X
Construction Contracts(CDOT Region EEO/Civil Rights S ea-alist)
6.2 Determine Applicability of Davis-Bacon Act X
This project❑is ®is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location(Projects located on local roads and rural
minor collectors may be exempt)
CDOT Resident Engineer(Signature on File 'Date
6.3 Set On-the-Job Training Goals.Goal is zero iftotal construction is less than$1 million(CDOT X
Rom EEOICivil Rights Specialist)
6.4 Title VI Assurances X
Ensure the correct Federal Wage Decision,all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the.
Contract(CDOT Resident Engineer) X
ADVERTISE BID AND AWARD
7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks X
72 Advertise for Bids X
7.3 Distribute"Advertisement Set"of Plans and Specifications - X
7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under X
Advertisement
7.5 Open Bids X
7.6 Process Bids for Compliance - - - -- - -
Check CDOT Form 715-Certificate of Proposed Underutilized DBE Participation when the
low bidder meets UDBE goals X
Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and
determine if the Contractor has made a good faith effort when the low bidder does not meet X
DBE goals
Submitrequired documentation for CDOT award concurrence - - X
7.7 Concurrence from CDOT to Award X
7.8 Approve Rejection of Low Bidder X
7.9 Award Contract X
7.10 Provide"Award"and"Record'Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8.1 Issue Notice to Proceed to the Contractor X
8.2 Project Safe X
8.3 Conduct Conferences
Pre-Construction Conference(Appendix B) X
- Pre-survey
. Constriction staking X
. Monumentation X
-^ Partnering(Optimal) X
Structural Concrete Pre-Pour(Agenda is in CDOT Construction Manua X
Concrete Pavement Pre-Paving(Agenda is in COOT Concoction Wnuap X
HMA Pre-Paving(Agenda is in CDOT Construction Manua X
8.4 Develop and distribute Public Notice of Planned Construction to media and local residents X
8.5 Supervise Construction
- A Professional Engineer(PE)registered in Colorado,who will be"in responsible charge of
- construction supervision."
Long Nguyen
Local Agency Professional Engineer or Phone number X
CDOT Form 1243 09106 Paget of 4
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Exhibit D, Page 2 of 4
Exhibit D
RESPONSIBLE
NO. DESCRIPTION OF TASK PARTY
LA CDOT
CDOT Resident Engineer
Provide competent,experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications X
Construction inspection and documentation X
8.6 Approve Shop Drawings X
8.7 Perform Traffic Control Inspections X
8.8 Perform Construction Surveying X
8.9 Monument Right-of-Way X
8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. X
Provide the name and phone number of the person authorized for this task
Rick Richter (9701 221-6798
Local Aqency Representative Phone number
8.11 Prepare and Approve Interim and Final Utility and Railroad Billings X
8.12 Prepare LocalAgency Reimbursement Requests X
8.13 Prepare and Authorize change Orders X
8.14 Approve All Change Orders - X
8.15 Monitor Project Financial Status X
8.16 Prepare and Submit Monthly Progress Reports X
8.17 Resolve Contractor Claims and Disputes X
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task. X
Pete Graham (970)350-2126
CDOT Resident Engineer Phone number
MATERIALS
9.1 Conduct Materials Pre-Construction Meeting - - - X
9.2 Complete CDOT Form 250-Materials Documentation Record
• Generate form,which includes determining the minimum number of required tests and X
applicable material submittals for all materials placed on the project
Update the form as work progresses X
• Complete and distribute form after work is completed X -
9.3 Perform Project Acceptance Samples and Tests X
9.4 Perform LaboratoryVerification Tests X
9.5 Accept Manufactured Products X
Inspection of structural components:
Fabrication of structural steel and pre-stressed concrete structural components X
• Bridge modular expansion devices(0"to 6°or greater) X
• Fabrication of bearing devices X
9.6 Approve Sources of Materials X
9.7 Independent Assurance Testing(IAT),Local Agency Procedures 0 CDOT Procedures
• Generate IAT schedule X
• Schedule and provide notification X
• Conduct lAT X
9.8 Approve mix designs
• Concrete X
• Hot mix asphalt I X
N9 Check Final Materials Documentation X
9.10 Complete and Distribute Final Materials Documentation X
CDOT Form 1243 09106 Page3 of 4
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Exhibit D, Page 3 of 4
Exhibit D
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements X
10.2 Process CDOT Form 205-Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor,and submit to X
EEO/Civil Rights Specialist
10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee X
Interviews, Complete CDOT Form 280
10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the X
"Commercially Useful Function"Requirements
10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.Complete CDOT Form 200- X
OJT Training Questionnaire
10.6 Check Certified Payrolls(Contact the Region EEO/Civil Rights Specialists for trainingrequirements.) X
10] Submit FHWA Form 1391 -Highway Construction Contractor's Annual EEO Report X
FINALS
11.1 Conduct Final Project Inspection.Complete and submit CDOT Form 1212-Final X
Acceptance Report(Resident Engineer with mandatary Local Agency participation.)
11.2 Write Final Project Acceptance Letter X
11.3 Advertise for Final Settlement X
11.4 Prepare and Distribute Final As-Constructed Plans X
11.5 Prepare EEO Certification - - X
11.6 Check Final Quantifies,.Plans,and Pay Estimate;Check Project Documentation;and submit X
Final Certifications
11.7 1 Check Material Documentation and Accept Final Material Certification See Chapter 9 X
11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer X
11.9 Obtain FHWA Form 47-Statement of.Materials and Labor Used... from the Contractor X
11.10 Coon lete and Submit CDOT Form 1212—Final Acceptance Report b CDOT X
11.11 Process Final Payment X
11.12 Complete and Submit COOT Form 950-Project Closure X
11.13 Retain Project Records for Six Years from Date of Project Closure X
11.14 Retain Final Version of Local Agency Contract Administration Checklist X
cc: CDOT Resident Engineer/Project Manager
CDOT Regon Program Engineer
CDOT Region EEO/Civil Rights Specialist
COOT Region Materials Engineer
CDOT Contracts and Market Analysis:Branch
Local Agency Project Manager
CDOT Form 1243 09106 Page4 of 4
Previous editions are obsolete and may not be used
Exhibit D, Page 4 of 4