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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/19/2016 - ITEMS RELATING TO THE FOSSIL CREEK TRAIL - COLLEGAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY April 19, 2016 City Council STAFF Jason Stutzman, Civil Engineer III SUBJECT Items Relating to the Fossil Creek Trail - College Avenue to Shields Street Project. EXECUTIVE SUMMARY A. Resolution 2016-036 Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Fossil Creek Trail from College Avenue to Shields Street. B. First Reading of Ordinance No. 050, 2016, Appropriating Unanticipated Grant Revenue from Great Outdoors Colorado (GOCO) in the Capital Projects Fund for the Fossil Creek Trail-College Avenue to Shields Street Project. The purpose of this item is to authorize the City Manager to enter into an intergovernmental agreement with Great Outdoors Colorado (GOCO) for purposes of accepting grant funding and to appropriate the grant funds for the construction of the Fossil Creek Trail from College Avenue to Shields Street. GOCO has awarded the City a $1,000,000 trail grant. The proposed project would complete a major connection of the Fossil Creek Trail from College Avenue to Shields Street. The project involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad. The trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street. The layout of the trail has been discussed with appropriate City staff and area residents. Design of the trail tunnel underpass phase of the project has reached the final stage. Construction of the trail tunnel underpass will begin in 2016. GOCO requires a City resolution authorizing the City to enter into the grant agreement. Pursuant to the grant agreement the City has until June 2017 to complete the project. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION In both 1996 and 2008, the City’s Parks and Recreation Policy Plan identified this section of the Fossil Creek Trail as part of the master plan. The trail segment on Fossil Creek Wetlands Natural Area is shown on the Fossil Creek Natural Areas Management Plan, which was completed in 2005. The City has been working with BNSF for several years to get approval of the City’s plans for the underpass, and obtain the necessary easements from the railroad to complete the work and operate and maintain the underpass on BNSF’s property. The GOCO grant agreement requires the City to operate, manage and maintain the project in a reasonable state of repair for at least 25 years, subject to annual appropriations. The City must also place a sign at the project site acknowledging GOCO’s assistance. Agenda Item 7 Item # 7 Page 2 CITY FINANCIAL IMPACTS Construction of the underpass is expected to cost approximately $2,700,000. Capital funding for the construction of the underpass was budgeted from the Conservation Trust Fund in years 2015 and 2016. Obtaining this grant will offset trail funds needed to complete the project. Funds for public art were set aside for the underpass project from the appropriation of the Conservation Trust Fund money in accordance with the City Code requirements for Art in Public Places (APP). The total trail construction project, including the tunnel underpass, is estimated to cost approximately $4,200,000. Staff will be submitting a budget offer for the remaining funds needed in the 2017-18 budgets. Additional funding for APP will be included in that budget to bring the total APP funding for the project up to 1% of the total project budget. Operation and maintenance funding for the project will be about $10,000 per year and will be budgeted starting in the 2017 Parks budget. BOARD / COMMISSION RECOMMENDATION The trail connection was included in the 2013 Paved Recreational Trail Master Plan, which was reviewed by the multiple boards, including the Parks & Recreation Board and the Land Conservation and Stewardship Board. Project updates have been reviewed by the Parks and Recreation Board and the Land Conservation and Stewardship Board as the project has progressed over the last few years. PUBLIC OUTREACH The 2008 Parks and Recreation Policy Plan included an opportunity for the community to review a map showing future trails including the Fossil Creek Trail segment from College Avenue to Shields Street. The 2013 Paved Recreational Trail Master Plan included this proposed trail segment in information presented to the community for their review. Citizen responses in the 2013 Paved Recreational Trail Master Plan listed the Fossil Creek Trail from College Avenue to Shields Street segment as one of the top three needed new trail projects ATTACHMENTS 1. Location map (PDF) 2. Detailed location map (PDF) HARMONY ROAD HORSETOOTH ROAD TRILBY ROAD COLLEGE AVENUE SHIELDS STREET ATTACHMENT 1 Spring Canyon Community Park 3.5 miles Pub ub uublic lic licc cccccc R.RRO RRR.R O .W. W Proposed Trail Alignment Tra TTTrail iilll Eas Ea Eaa eme em nt Are Areaa Proposed Trail Underpass @ BNSF Railrway Proposed Trail Alignment Proposed Neighborhood Trail Connection Fossil Creek Community Park 1.5 miles EXIST TTING ING CONNEE EECTI ECTION O Foss Fossil il Cr rre reek Trail Unde Underp rp ppass @ Coll College ege Aven ve v ue EXIS EX EXI X TING T NG CONN ONN ONNNEECTI ECTION ON Maso Masonnn Trai Traill and BRT Corr orr orr idor dor dorr EXIS EXX TING TINGG CONN CO CCONNECTI ECTI CCCTI TI TION ON Foss Fossiil oss il Cree Creekkkkkk Tra T iill Unde ndeeerpas rpas rpasssss @Shie Shi Shields Stre St et ett ttt SSSSSSSSSSSSSSkkkkkkkkkkkkkkkyyyyyyyyyyyyyyywwwwwwwwwwwwwwwaaaaaaaaaaaaayyyyyyyyyyyyyyyyyyyyy NNNNNNNNNNNNNNNeeeeeeeeeeeeeeeeee iiiiiggggggggggggggggghhhhhhhhhhhhhhhhhhbbbbbbbbbbbbbbooooooooooooooooooooorrrrrrrrhhhhhhhhhhhhhhhhhooooooooooooooooooooooooooooooooooddddddddd dddddddddddddddddddddsssssssssssssssss SSSSSSSSSSSSSSSSSccccccccccccc ccccccccccccceeeeeeeeeeeennniiiiicccccccccccccccccc KKKKKKKKKKKKKKKKKKKKKKnnnnnnnnnnnnnnnooooooooooooollllls sssssssss NNNNNNNNNNNeeeeeeeeeeeeeeeeeeeeeeeeeiiiiiiiiii iiiiiiiiiiigggggggggggggggggghhhhhhhhhhhhhhhhbbbbbbbbbbbboooooooooooorrrrrrrrrrrrrrrrrhhhhhhhhhhhhhhhhhooooooooooooooooooooooooodddddddddd dddddddddddsssssssssssssssssssss Ad AAd AAAAddder er eer Es Essta EEEE ta taaate te tesss Ne NNe NNNe Neig ig iggghb hb hhb bbbbbbbbbbbbbbbor or orrrhhho ho hooood od AAAAAAAAAAAAAAAApppppppppppppppppp pppppppppppppppllllleeeeeeeeeeeeeewwwwwwwwwwwwwwwwwoooooooooooooooooooooooooooooodddddddddddddd NNNNNNNNNNNNNNNNNNNNNeeeeeeeeeeeiiiiiiiiiiiiiiigggggggggggggggg gggggghhhhhhhhhhhhhhhhhhhhhhhhhhhhhbbbbbbbbbbbbbbbbbbbbbbbbooooooorrrrrrrrrhhhhhhhhhhhhhhhhhhhhhhhhhhoooooooooooooooooooooooooooooooodddddddddddddddddddddddddddssssssssssssssssssss sssssssssssss CCCCCCCCCCCCCCCCCCCllllllllllaaaaaaaaaaaaaaaaaarrrrrrrrrrrrrreeeeeeeeeeeeeeeeeeeeennnnnnnnndddddddddddddddddddddooooooooooooooooooooooooo oooooooooooonnnnnnnnnnnnnnnnnnnnn HHHHHHHHHHHHHHHHHiiiiiiiiiiiiiiiiilllllllllllllllllllllllllllllllllsssssssssss NNNNNNNNNNNNNNNNNNNNeeeeeeeeeeeeeeeeeeiiiiiiiiiiiiiiggggggggggggggggggggghhhhhhhhhhhhhhhhhhhhhbbbbbbbbbbbbbbbboooooooooooooooorrrrrrrrrrrrrrrrrr rrrrrrrrrrrrhhhhhhhhhhhhhhhhhhhhhhhooooooooooooooooooooooooooooooooooddddddddddddddddddddsssssssssssssssssss FUTURE Regional Trail Connection to Loveland City of Fort Collins Project Location Map ATTACHMENT 2 -1- RESOLUTION 2016-036 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE FOSSIL CREEK TRAIL FROM COLLEGE AVENUE TO SHIELDS STREET WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund (GOCO) is a political subdivision of the State of Colorado, which invests a portion of the net proceeds of the Colorado Lottery in the State’s parks, wildlife, open space and recreational resources; and WHEREAS, in 1994 GOCO created a statewide grant program through which eligible entities could apply for grants for local government parks and outdoor recreation projects; and WHEREAS, in 2014 the City applied to GOCO for a Paths to Parks trail grant to help fund the connection of the Fossil Creek Trail from College Avenue to Shields Street (the “Project”); and WHEREAS, on June 19, 2014, GOCO approved the City’s application and awarded the City a $1,000,000 grant for the Project; and WHEREAS, the total cost of the Project, which includes construction of an underpass under the Burlington Northern Santa Fe Railroad tracks, is approximately $4,200,000; and WHEREAS, capital funding for construction of the underpass, which is expected to cost approximately $2,700,000, was appropriated from the Conservation Trust Fund for 2015 and 2016, and the GOCO funds will be used to offset those funds; and WHEREAS, the GOCO Grant Agreement, a copy of which is attached and incorporated herein as Exhibit “A” (the “Grant Agreement”), requires a resolution, adopted by the grantee’s governing body, authorizing the execution of the Grant Agreement and approving its terms and conditions; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as grant agreements, to provide any function, service or facility, under Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203 of the Colorado Revised Statutes; and WHEREAS, the Grant Agreement further requires the City to operate, manage and maintain the project in a reasonable state of repair for at least 25 years, subject to annual appropriations, and to place a sign at the Project site acknowledging GOCO’s assistance; and WHEREAS, City staff recommends that the City Council approve the Grant Agreement as described herein. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to enter into the Grant Agreement with GOCO, obligating the City to use the $1,000,000 in grant proceeds for construction of the Fossil Creek Trail connection from College Avenue to Shields Street, in substantially the form attached as Exhibit A; and that the terms of the Grant Agreement are approved, together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the best interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of April, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk GRANT AGREEMENT PROJECT: Project Title: Fossil Creek Trail - College Avenue to Shields Street Contract Number: 14364 Completion Date: June 19, 2017 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund 303 East 17 th Avenue, Suite 1060 Denver, CO 80203 Grantee: City of Fort Collins RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as “GOCO” or the “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State’s parks, wildlife, open space and recreational resources. B. In 1994, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects to which Grantee responded with a detailed application (the “Project Application”). C. Grantee submitted a Project Application to the Board which contemplates the execution of the project entitled and described above (the “Project”). The Project is briefly described in the Project Summary attached hereto as Exhibit A. The parties acknowledge that they have on file a complete copy of the Project Application, which is incorporated herein. D. The Board approved Grantee’s Project Application on June 19, 2014, subject to the execution of a detailed grant agreement, and subject to the terms and conditions set forth herein. The parties intend this agreement to be the detailed final grant agreement required by the Board (the “Agreement”). DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD EXHIBIT A 2 AGREEMENT NOW, THEREFORE, in consideration of the parties’ mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into the terms of this Agreement. 2. Representations and Warranties of Grantee. a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. b. Grantee’s governing body has authorized entering into this Agreement as evidenced by the resolution attached hereto as Exhibit B. c. Grantee does not own the property or properties on which the Project is to be located (the “Property”). Therefore, the agreement attached hereto as Exhibit E between Grantee and the Property’s owner continues in effect and unmodified throughout the term of this Agreement.. 3. Grant and Project. Subject to the terms and conditions set forth in this Agreement, the Board hereby awards to Grantee a sum not to exceed $1,000,000.00 (the “Grant”). The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the final plans, specifications, designs and uses approved by the Board. 4. Project Scope. Grantee shall not materially modify the Project or the Project budget (attached hereto as Exhibit C, the “Budget”) without the prior written approval of the Executive Director of GOCO (“Executive Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion. Any material modification to the Project undertaken without GOCO’s prior written consent may be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO’s approvals related to the Project. 6. Completion Date. Grantee shall complete the Project and submit its Final Report no later than (the “Completion Date”) which is 36 months after the Board’s approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO’s Overdue Grants Policy, a summary of which is attached as Exhibit D (“Overdue Grants Policy”). If Grantee determines with reasonable probability that the Project will not or cannot be completed by the Completion Date or any extended completion date, Grantee will promptly DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 3 so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. 7. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for the Project as reflected in the Budget and as required by GOCO policy, and shall provide such evidence of the same as GOCO may require in its reasonable discretion. 8. Disbursement of Funds. a. Progress Payment: Grantee may opt to receive a portion of the Grant funds after starting but prior to completing work on the Project (a “Progress Payment”). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date (“Progress Report”). The Progress Report must be submitted using GOCO’s Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed GOCO’s percentage of expected overall costs (as determined by the GOCO-approved budget) applied to the value of documented eligible expenses or 50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. b. Final Payment: Once the Project is complete, Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project (the “Final Report”). The Project is “complete” when all facilities, trails or other improvements included in the Project have been built and are ready for their intended use. The Final Report must be submitted using GOCO’s Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO’s review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant (the “Final Payment”), subject to any reductions contemplated by any provision of this Agreement. 9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below, the Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for the cost of fixed assets, including construction of new facilities, and enlargement or renovation of existing facilities. The Grant and all matching funds may not be used to pay for maintenance costs, administrative costs (such as salaries associated with administering the Grant, office supplies, telephone, or travel expenses), non-fixed assets (such as athletic or maintenance equipment), or any other costs deemed to be ineligible by the Board, at the Board’s sole discretion. b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 4 c. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the Project to which GOCO has not agreed may result in a reduction in the Grant. “Material modifications” may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. 10. Waiver. The Executive Director or the Executive Director’s designee may in such person’s discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and 16 of the Agreement, or may permit performance of one or more of such obligations subsequent to disbursement. 11. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant is subject to GOCO’s determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in its discretion, including, but not limited to, adequate reserves, funding requirements and/or commitments for other past, current and future grants, and past, current and future GOCO operating expenses and budgetary needs. 12. Project Operation and Maintenance. a. Subject to annual appropriations, Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the purposes specified and for the useful life of the Project in the Project Application, in accordance with product warranties and/or the generally accepted standards in the parks/recreation community, and provide and maintain access to the Project and to the Property, regardless of the Property’s ownership. The Grantee has estimated a useful life of 25 years in the project application. b. Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by Grantee under Paragraph 21, below. c. GOCO shall not be liable for any cost of maintenance, management or operation of the Project. d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. e. The Grantee’s administrative staff shall present to the Grantee during the Grantee’s annual budget process a request for an appropriation sufficient to meet the financial obligations of the Grantee presented by this Agreement. The Grantee will use its best efforts to fully consider such appropriation and the Parties understand that Board is relying upon fair and full DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 5 consideration of annual appropriation in its decision to extend its resources and the grant hereunder, and enter into this Agreement. In the event that the Grantee fails to appropriate sufficient funds to meet the obligations of this Agreement, the Grantee shall provide notice to the Board of the specific reason(s) for any decision not to appropriate funding. Grantee’s administrative staff shall notify the Board of any recommendation not to fund or to partially fund the annual appropriation necessary to fulfill Grantee’s obligations hereunder. 13. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the term specified in Section 12. Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 14. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee hereby assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor preferences, preferred vendor programs, equal employment opportunity, use of competitive bidding, permits, approvals, and other similar requirements. To the extent permitted by law, Grantee will indemnify and hold the Board harmless from any liability for any failure to comply with any such applicable requirements. 15. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, or any other basis prohibited by local, state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, during the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 16. Publicity and Project Information. a. Grantee shall erect and maintain a sign at a prominent location on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. i. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards. Plans shall be submitted to the Board for review and approval prior to completion of the Project. ii. The Board may withhold Final Payment pending evidence of placement of permanent signage. b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 6 c. Grantee shall cooperate with the Board or the Board’s designee in advance in preparing public information pieces related to the Project. d. Grantee shall give the Board the right and opportunity to use information gained from the Project. e. Grantee shall give the Board a minimum 30 days’ notice of Project grand openings, dedications, or other events. f. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. g. Grantee shall provide quality digital photographs or printed photographs, if unable to provide digital photographs (collectively, “Photographs”) of the completed Project with the Final Report. For the avoidance of doubt, all Photographs taken by Grantee of the Project constitutes a “work made for hire” pursuant to the U.S. copyright law (17 U.S.C. Section 201(b)) Grantee agrees that all copyrights and other property rights, in the Photographs developed by Grantee in conjunction with the Project are further owned by GOCO and Grantee hereby forever and irrevocably assigns to GOCO, without further consideration, all right, title and interest in such copyrights and other proprietary rights. Grantee agrees that GOCO, its successors and assigns, shall have the exclusive right to file copyright applications in the United States and throughout the world to the Photographs, or any portion thereof, in the name of GOCO. Grantee hereby agrees that GOCO, its successors and assigns may act as attorney-in-fact to execute any documents that GOCO deems necessary to record this grant with the United States Copyright Office or elsewhere. Grantee agrees to execute any and all documents reasonably requested by GOCO to enforce its rights under this provision. h. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 17. Liability. a. Grantee shall be responsible for, and to the extent permitted by law (including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s performance of this Agreement. Grantee hereby waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, the Board, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 7 Property, and that GOCO neither possesses nor controls the Project, the Property, nor the operations of the Project. b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protection provided to the Board under the Colorado Governmental Immunity Act (“CGIA”) as amended or as may be amended in the future (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. The Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board, its members, officials, agents and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of the Board, its members, officers, agents and employees. 18. Audits and Accounting. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, and operation of the Project. The accounts, documents, and records related to the Project shall be retained by Grantee for not less than five (5) years following the date of disbursement of funds under this Agreement. The Board, or its designated agent, shall have the right, upon reasonable notice to Grantee, to audit the books and records of Grantee which pertain to the Project and to the use and disposition of the Grant. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records hereunder. 19. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 20. Withdrawal of Board Funding; Termination of Agreement. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made if the Board determines in its discretion that: a. facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical; b. any material modifications in the scope or nature of the Project have occurred from that which was presented in the Project Application and such material modifications have not received the prior written approval of GOCO; c. any statement or representation made by Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material respect; DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 8 d. the results of GOCO’s review of the Progress Report, or the Final Report are not acceptable to GOCO; e. the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in the Board’s judgment, make the Project impracticable; f. the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee’s matching funding are reduced; g. title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use. 21. Breach. a. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, the Board may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following: i. Prior to payment of Grant: A. Withdraw the Grant and terminate this Agreement; and, B. Deny Grantee eligibility for participation in future Board grants, loans or projects. ii. After payment (partial or full) of Grant: A. Deny Grantee eligibility for participation in future Board grants, loans or projects; B. Seek specific performance of Grantee’s obligations under this Agreement; C. Receive reimbursement in full of disbursement made under the Grant. b. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event GOCO must pursue any remedy hereunder and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 22. Good Faith. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be material to the other party. DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 9 23. Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board, which consent shall be in the discretion of the Board. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee’s ongoing obligations under this Agreement. 24. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and County of Denver. 25. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee or other relationship between the parties hereto other than independent contracting parties. Except as permitted under the remedies provisions hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. 26. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision, other than those as to which it is found to be invalid, shall remain in full force and effect. 27. Time is of the Essence. Time is of the essence in this Agreement. 28. Survival. The terms and provisions of this Agreement and the parties’ covenants hereunder shall survive the funding of the Grant and the completion of the Project. 29. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted by telecopy or e-mail as if they were original signatures. 30. Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee, and that no third party beneficiaries are intended. 31. Construction. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. 32. Waiver. The failure of either party to enforce a term hereof shall not be deemed a waiver of such term or right of enforcement as to that breach or any subsequent breach of the same, similar or different nature. No waiver shall be enforceable hereunder unless signed by the party against whom the waiver is sought to be enforced. 33. Entire Agreement. Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes to this Agreement shall be valid DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 10 unless made as an amendment to this contract, approved by the Board, and signed by the parties. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of [[SertifiDate_2]]. STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND City of Fort Collins By: [[SertifiSStamp_2]] By: [[SertifiSStamp_1]] Lise Aangeenbrug Title: [[SertifiTitle_1]] Executive Director *NOTE* Signee should be same individual authorized to sign grant agreement in attached resolution (EXHIBIT B) DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD EXHIBIT A Project Summary Applicant: City of Fort Collins County: Larimer Log Number: 14364 Project Title: Fossil Creek Trail - College Avenue to Shields Street Funding Summary: Applicant Funding Partner(s) Funding GOCO Grant Amount $1,000,000.00 Total Project Cost $2,657,035.00 Project Description: The City of Fort Collins is request GOCO funds to construct 1.25 miles of concrete trail. Project components include a 70-foot long railroad underpass and three 10-foot wide steel pedestrian bridges to cross Fossil Creek. A soft surface trail will run adjacent to the paved trail. Staff and Peer Reviewer Comments: This trail segment will complete the Fossil Creek Trail from its start at Spring Canyon Community Park to Fossil Creek Community Park spanning a distance of nearly 6.5 miles. This new trail segment will provide connection to two, 100 acre community parks, three large natural areas, three area schools, one environmental education center, and connection to the City• s trail system where users can enjoy access to an additional 17 city natural areas and eight city parks. This trail will also connect to the regional Poudre River Trail. Completion of the Fossil Creek trail is the #1 ranked priority out of 20 priorities identified by the community in the City• s Paved Recreation Trail Master Plan. Additionally, as part of the City• s Parks and Recreation Policy Plan, residents ranked paved recreational trails as the top most important outdoor facility to be added, expanded or improved. It is good to see successful collaboration between the City and the Burlington Northern Santa Fe Railroad (BNSF). The City has been working with BNSF for nearly one and a half years to get this Score Summary Rank: 3 Overall Score: .00 GOCO Staff Score: Reviewer Average: DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD 12 project completed. BNSF has formally authorized the City to proceed with construction of the pedestrian and bicycle underpass. The trail underpass has reached the 60% design phase with BNSF• s crossing process. Final plans will be submitted as the fourth step and should be approved in June 2014 by the railroad. DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD EXHIBIT B RESOLUTION (REQUIRED) DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD EXHIBIT C BUDGET DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD Source of Funds Date Secured GOCO Grant Applicant Match Partner Match Amount of CTF Total Funding($) CASH Great Outdoors Colorado 6/1/2014 $1,000,000.00 $1,000,000.00 City of Fort Collins Jan-14 $3,223,306.47 $3,223,306.47 [List Partner] $0.00 [List Partner] $0.00 [List Partner] $0.00 $1,000,000.00 $3,223,306.47 $0.00 $0.00 $4,223,306.47 IN-KIND [List Source] $0.00 [List Source] $0.00 [List Source] $0.00 TOTAL SOURCE OF FUNDS $1,000,000.00 $3,223,306.47 $0.00 $0.00 $4,223,306.47 Number of Units Cost Per Unit Total Funding ($) GENERAL CONDITIONS $738,750.00 Mobilization/Demobilization 1.00 $ 369,000.00 $369,000.00 Construction Surveying 1.00 $ 25,000.00 $25,000.00 SWMP Plan/Inspection & Maintenance 1.00 $ 9,300.00 $9,300.00 Tracking pads, silt fence, wattles, 1.00 $ 7,550.00 $7,550.00 Concrete wash-out 1.00 $ 6,400.00 $6,400.00 Construction Activity Vibration Monitoring 1.00 $ 11,600.00 $11,600.00 Railroad Track Monitoring 1.00 $ 26,700.00 $26,700.00 Railroad BNSF Track Flagging 1.00 $ 250,000.00 $250,000.00 Railroad Training 1.00 $ 7,500.00 $7,500.00 Railroad Insurance/Bonds/Permits 1.00 $ 25,700.00 $25,700.00 SITE WORK $262,100.00 Access Road - East side 1,950.00 $ 18.40 $35,888.00 Access Road - West side 1,000.00 $ 27.61 $27,606.16 Construction Fencing & Widen Gate @ College Avenue 2,500.00 $ 15.34 $38,341.88 Staging Area (150'x150') - Clear & Grub / Excavation/Base 1.00 $ 57,359.46 $57,359.46 Topsoil Stockpile & Replace (east & west) 1.00 $ 6,032.46 $6,032.46 Temp culvert access - 30" RCP w/ Rip Rap 1.00 $ 9,611.03 $9,611.03 Excavation for Trail 1,025.00 $ 12.27 $12,576.14 Embankment for Trail 1,365.00 $ 12.27 $16,747.73 Final Site Shape & Grade 30,000.00 $ 1.12 $33,740.86 Trail Subgrade Prep Outside Tunnel/Load & Haul-off Excess 1.00 $ 24,196.28 $24,196.28 EAST ARCHED HEADWALL $255,240.00 Install Sheet Piling 1995.00 $ 43.11 $85,994.67 Excavate Face of Headwall 450.00 $ 51.52 $23,182.13 Install Caissons 2.00 $ 7,149.14 $14,298.28 Wall Rebar, Mesh & Installation 9.60 $ 2,523.23 $24,222.96 Shotcrete Headwall Facing 1490.00 $ 69.39 $103,389.15 Railing 79.00 $ 52.57 $4,152.81 WEST ARCHED HEADWALL $273,872.00 Install Sheet Piling 2250.00 $ 40.91 $92,049.01 Excavate Face of Headwall 450.00 $ 48.89 $22,001.96 Install Caissons 2.00 $ 6,785.18 $13,570.37 Wall Rebar, Mesh & Installation 11.30 $ 2,394.77 $27,060.91 Shotcrete Headwall Facing 1750.00 $ 65.86 $115,248.36 Railing 79.00 $ 49.89 $3,941.39 RETAINING WALLS $35,000.00 East Retaining Wall - 110.00 $ - $0.00 West - 100 Year Flood Protection Wal 100.00 $ 350.00 $35,000.00 THRUST PLATFORM & BLOCK $55,000.00 Excavate for Jacking Frame/Work Platform 1.00 $ 5,569.62 $5,569.62 Thrust Block with Mud Slab Floor 1.00 $ 12,009.49 $12,009.49 Thrust Block Helical Piles 8.00 $ 4,351.27 $34,810.13 Demo Thrust Block for Trail 1.00 $ 2,610.76 $2,610.76 14 FEET DIAMETER TUNNEL $761,094.04 Proposed Budget - REVISED PATHS TO PARKS TRAIL INITIATIVE - City of Fort Collins UTILITY RELOCATIONS $100,000.00 F/A Utility Relocation 1.00 $ 100,000.00 1.00 $ 100,000.00 $100,000.00 CONSTRUCTION ADMINISTRATION $371,100.00 DESIGN SERVICES - UNDERPASS ONLY $479,365.24 DESIGN SERVICES - TRAIL (COLLEGE TO SHIELDS) ONLY $100,000.00 EASEMENTS / R.O.W. $30,000.00 $4,223,306.47 No. of Units / Hours Cost Per Unit / Hour Total Funding ($) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,223,306.47 Explanation Requirement Actual Meets Req? GOCO's % of TC 25%/Total Costs $1,055,827 $3,223,306 Yes 10%/Total Costs $422,331 $3,223,306 Yes GOCO % of Total Costs 23.68% USE OF FUNDS - CASH SUBTOTAL IN-KIND Use of Funds Professional Services vendor/service provider vendor/service provider Materials vendor/service provider vendor/service provider vendor/service provider Equipment Minimum Total Match Minimum Cash Match USE OF FUNDS - IN-KIND SUBTOTAL TOTAL PROJECT COST CALCULATION OF MATCH REQUIREMENTS Item vendor/service provider Paths to Parks Trail Initiative Grant March 2014 2 of 2 City of Fort Collins EXHIBIT D OVERDUE GRANTS POLICY DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD GREAT OUTDOORS COLORADO POLICIES & PROCEDURES MANUAL Policy: Overdue Grants Approval Date: June 11, 2013 I) PURPOSE Great Outdoors Colorado (GOCO) understands that there are unforeseen circumstances that may interfere with a grantee’s ability to complete a project by the project completion date set forth in the Grant Agreement. The Overdue Grants Policy outlines the options available to grantees to extend a grant deadline and the procedures associated with submitting grant extension requests. II) POLICY STATEMENT A grantee has two options to extend the project completion date in the Grant Agreement: a staff extension or a Board extension. Staff can grant an extension for at least 90 days and up to the date of the next scheduled GOCO Board meeting beyond that 90 days. If the grantee needs more time than that, the grantee must request a Board extension. GOCO expects the grantee to request the appropriate amount of time needed to complete the project. A grantee can request a second Board extension if needed, although this is not a favorable action. Failure to complete a project by the original due date, or by any extended due dates authorized by staff or Board, may result in the de-authorization of the grant by the Board and a suspension from applying in future grant cycles. III) PROCEDURES A) Staff Extensions x The grantee must submit a request for a staff extension prior to the original project completion date via email or postal mail to GOCO staff. x Requests must include the following: a) grantee name b) project title c) contract number from the grant agreement d) original project completion date e) percent of project completion to date or due diligence items completed to date for land acquisitions f) reason for delay g) estimated date of project completion or closing g) estimated date of final report submission to GOCO, if applicable. x A grantee may only request one staff extension. DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD x If the grantee needs an extension for longer than the time provided by a staff extension, the grantee can forgo the staff extension and request a Board extension. x Staff will notify the grantee via email of the decision to grant or deny the request for a staff extension. B) Board Extensions x The grantee must submit a request for a Board extension prior to the original or staff extended project completion date via email or postal mail. Requests must be addressed to the GOCO Board. x Requests must include the following: a) grantee name b) project title c) contract number from the grant agreement d) original project completion date and if applicable, staff extended project completion date e) percent of project completion to date or due diligence items completed to date for land acquisitions f) reason for delay g) estimated date of project completion or closing g) estimated date of final report submission to GOCO, if applicable. x The Board will consider the request for Board extension at its next scheduled meeting. Staff will notify the grantee via email of the Board’s decision to grant or deny the request for a Board extension. x A grantee can request a second Board extension if additional time is needed beyond that provided by the first Board extension. Requests for a second Board extension will follow all of the procedures listed above. DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD EXHIBIT E INTERGOVERNMENTAL (or other) AGREEMENT (If applicable) DocuSign Envelope ID: A9837BC3-01F9-454C-8F53-71D400D28AAD -1- ORDINANCE NO. 050, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM GREAT OUTDOORS COLORADO (GOCO) IN THE CAPITAL PROJECTS FUND FOR THE FOSSIL CREEK TRAIL-COLLEGE AVENUE TO SHIELDS STREET PROJECT WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund (GOCO) has awarded the City of Fort Collins a $1,000,000 trail grant for the construction of the Fossil Creek Trail from College Avenue to Shields Street (the “Project”); and WHEREAS, the purpose of this item is to appropriate grant funds to the Project; and WHEREAS, the Project would complete a major connection of the Fossil Creek Trail from College Avenue to Shields Street and involves 1.25 miles of new concrete trail and a major tunnel underpass structure at the Burlington Northern Santa Fe (BNSF) Railroad; and WHEREAS, the trail will connect to the existing Fossil Creek Trail just west of College Avenue and terminate at the existing trail on the east side of Shields Street; and WHEREAS, the City has been working with BNSF for several years to get approval of the City’s plans for the underpass, and obtain the necessary easements from the railroad to complete the work and operate and maintain the underpass on BNSF’s property; and WHEREAS, construction of the underpass is expected to cost approximately $2,700,000 in total; and WHEREAS, capital funding for the construction of the underpass was appropriated from the Conservation Trust Fund in years 2015 and 2016 and obtaining this grant will offset trail funds needed to complete the project; and WHEREAS, funding for public art for the underpass portion of the Project was previously appropriated from the Conservation Trust Fund in accordance with the Art in Public Places (APP) provisions of the City Code; and WHEREAS, the total Project including the tunnel underpass and trail construction is estimated to cost approximately $4,200,000; and WHEREAS, staff will be submitting a budget offer for the remaining funds needed in the 2017-18 budgets, including additional funding for APP, with operation and maintenance funding for the Project of about $10,000 per year budgeted starting in the 2017 Parks budget; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous -2- appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue in the Capital Projects Fund the sum ONE MILLION DOLLARS ($1,000,000) for the Fossil Creek Trail-College Avenue to Shields Street Project. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2016, and to be presented for final passage on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk 47-50 Installation of Guide Rails-GBM pilot tube/auger bore 1.00 $ 68,000.00 $68,000.00 Tunnel Shield/Jacking Frame Fabrication 1.00 $ 90,269.79 $90,269.79 Tunnel Set-up 1.00 $ 28,383.80 $28,383.80 14-feet Diameter Casing Pipe - material 70.00 $ 3,430.48 $240,133.94 Tunnel Casing - installation/jacking/welding/lubrication 70.00 $ 3,012.87 $210,900.95 Tunnel Spoils/Grouting & Settlement Allowance 1.00 $ 47,257.87 $47,257.87 67 Tunnel Lining 1.00 $ 45,367.55 $45,367.55 58-62 Concrete Trail inside tunnel - Flowfill/Concret 70.00 $ 439.72 $30,780.14 BRIDGES $217,500.00 65 Foot Steel Pedestrian Prefabricated Bridge 1.00 $ 71,500.00 $71,500.00 50 Steel Foot Pedestrian Prefabricated Bridge 2.00 $ 55,000.00 $110,000.00 Pedestrian Bridge Abutment w/ Helix Pier System 6.00 $ 6,000.00 $36,000.00 CONCRETE PAVING $484,920.00 Colored Concrete Paving - (5 inch thick) 61,260.00 $ 7.00 $428,820.00 C&G along Fossil Creek Parkway 2,700.00 $ 18.00 $48,600.00 ADA Ramp 3.00 $ 2,500.00 $7,500.00 LANDSCAPE AND RESTORATION $47,200.00 Soil Retention Matting 1,000.00 $ 4.00 $4,000.00 Seeding, Mulching &Site Restoration 6.00 $ 4,200.00 $25,200.00 Gravel Path - Larimer County Youth Corp 1.00 $ 15,000.00 $15,000.00 Trail Signage 3.00 $ 1,000.00 $3,000.00 LIGHTING $125,000.00 Electric - Lights, Conduit 1.00 $ 25,000.00 $25,000.00 Transformer & Service 1.00 $ 100,000.00 $100,000.00 Proposed Budget - REVISED TOTAL CASH CONTRIBUTIONS CASH Use of Funds PATHS TO PARKS TRAIL INITIATIVE - City of Fort Collins Paths to Parks Trail Initiative Grant March 2014 1 of 2 City of Fort Collins