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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2017 - RESOLUTION 2017-047 AUTHORIZING THE MAYOR TO EXECUAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 16, 2017 City Council STAFF Jeff Mihelich, Deputy City Manager Laurie Kadrich, Director of PDT SUBJECT Resolution 2017-047 Authorizing the Mayor to Execute a First Addendum to the Intergovernmental Agreement with Colorado State University Related to an On-Campus Stadium. EXECUTIVE SUMMARY The purpose of this item is to approve an amendment to the intergovernmental agreement (IGA) between the City of Fort Collins and Colorado State University (CSU) regarding infrastructure improvements and neighborhood relationships related to the on-campus stadium. In 2015 Council authorized the original agreement in an effort to mitigate potential construction and operational impacts of the stadium. The addendum is proposed to update the infrastructure improvements, identify who will be paying for the improvements and other operational modifications related to the neighborhood relationship section of the agreement (the neighborhood relationship section established the Stadium Advisory Group (SAG) and related funding.) STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On December 2, 2014, Council approved a Mitigation Report for an on-campus stadium, and stated the City’s intent to enter into an IGA with CSU that identified key impacts and mitigation strategies, and determines responsibilities for costs incurred. On March 17, 2015, Council adopted Resolution 2015-037 authorizing execution of the IGA. On October 27, 2015 staff presented information regarding key elements of the IGA, progress made on capital and operational planning and the formation of the SAG. Since that time, both CSU and City staff have worked to complete many aspects of the agreement and identified additional infrastructure projects that were needed. During the October work session staff reported on three (3) potential IGA amendments for future consideration - those included: • Shield/Elizabeth Grade Separated Crossing • Waste Water Construction • Prospect/College intersection This amendment proposes to substitute amended sections in their “entirety” so some paragraphs remain the same and others are modified from the first agreement - redlined version attached. All amendments pertain to project and cost updates. Nearly all the amendments pertain to infrastructure projects however there is one proposed change in the Neighborhood Relationships Section that provides language to clearly identify CSU as being responsible for the operational funding of the Stadium Advisory Group. Key Changes to Infrastructure include: Agenda Item 13 Item # 13 Page 2 Waste Water: detailed project design, construction management and cost-split for sanitary sewer improvements under Whitcomb Street from Lake Street to Wallenberg Drive. The City agrees to design and manage the improvements; CSU will reimburse costs for this work and pay all other project costs. Storm Water: new section outlining the improvements needed for City worker access, construction of an outfall pond, cost-share due to increased capacity requested by City, clarification of stadium water detention. Electrical Feed: clarifies CSU payment for providing secondary electrical feed into the main campus. Prospect and Centre: clarifies that a second left turn will be utilized during game day operations if necessary; otherwise space will be utilized for full bike lanes. Identifies an underpass at Prospect Road for bicycles and pedestrians rather than a grade-separated crossing that was an option in the first agreement. Shields and Elizabeth: identifies that CSU will construct an underpass on the south side of West Elizabeth. CSU will pay all costs except for right of way permit and inspection fees, and an upgraded bicycle/pedestrian crossing signal on West Elizabeth. City costs estimated at $330,000. Improvements to Prospect and College: clarifies CSU responsibilities as part of the approved plans for the CSU Medical Center project. College Avenue and Lake: identifies City will construct, at City’s cost, the modification of the left turn. Washington and Laurel Street: identifies CSU will construct an enhanced pedestrian crossing and refuge median with a rapid flashing beacon at their cost. Sherwood and Laurel: CSU will construct an enhanced crossing and include a Pedestrian Hybrid Beacon or HAWK signal. Lake Street: clarifies several bike and pedestrian improvements to be made by CSU at their cost. Main Campus: identifies several pedestrian improvements to be made by CSU at their cost and clarifies that improvements related to the low stress Pitkin Bike network will be managed, funded and constructed by the City. Parking improvements: clarifies that CSU will continue the operation of the main campus Lake Street parking garage, and complete construction of an additional main campus parking garage (400 spaces), add parking off Research Boulevard (900 spaces) and include a westbound right turn land. All improvements funded by CSU and independent of the Stadium project. Signage Improvements: no changes were made from the first agreement. Traffic Responsive Signal System: implementation delayed until stadium event traffic is fully understood. Alternative Transportation Support and Growth: no changes. A project status update document has been provided and attached for review. CITY FINANCIAL IMPACTS Approximately $330,000 in City funds will be needed to complete work at the Elizabeth and Shield intersection; City funded portions include traffic, bike and pedestrian signals and permit fees. CSU is allocating approximately $10 million towards the project. Other work that will be completed by the City is planned or programmed maintenance and includes work at College and Prospect and Lake and Prospect. The other “major” projects identified in the amendment are 100% CSU funded. PUBLIC OUTREACH Agenda Item 13 Item # 13 Page 3 There has been no public outreach specific to the proposed amendments. ATTACHMENTS 1. Proposed Addendum, with changes shown (PDF) 2. Update on Infrastructure Projects (PDF) 3. Powerpoint presentation (PDF) 1 INTERGOVERNMENTAL AGREEMENT RELATED TO AN ON-CAMPUS STADIUM THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), dated ____________, 2015, is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”), and THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY (“CSU”). The City and CSU are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. The City is a home-rule municipality that was first settled by non-native homesteaders in the mid-1800’s, was originally platted as a town site in 1866, and became the seat of Larimer County government in 1868. In 1873 the town of Fort Collins was incorporated. Fort Collins has a current population of more than 150,000, having grown steadily over the last 55 years from a 1960 population of 25,000. B. The City is home to CSU, and they share a long and successful history. CSU was originally founded as the Agricultural College of Colorado in 1870, and the school first opened its doors in 1879, with two faculty members. Over the last 40 years, the CSU on-campus student population has increased from 18,000 to over 25,000, with 1,700 faculty members, and approximately 4,625 staff members. CSU is the largest employer in northern Colorado. C. Such substantial growth inherently has required and will continue to require improvements and enhancements by the City and CSU to transportation and utilities infrastructure. CSU benefits from the quality of Fort Collins, and Fort Collins benefits economically and culturally from CSU. D. In 1912, CSU opened Colorado Field, located near College between Pitkin and Edwards, which was the on-campus home to CSU’s football team. It had a 5,000 seat grandstand and a press box, and was used for competition through 1967. In 1968, CSU opened Hughes Stadium, located at the base of the foothills, and Hughes Stadium has been the home of the CSU football team to date. E. CSU currently manages game day operations at Hughes Stadium. Those documented efforts include regular coordination with various groups from the City, Larimer County and the State of Colorado. Before each football season, CSU representatives, including representatives from the CSU Athletics Department, the CSU Police Department, and CSU emergency management personnel, meet with representatives from Fort Collins Police Services, Poudre Fire Authority, the City Traffic Operations Department, Larimer County Sheriff’s Office, the Colorado State Patrol, and Poudre Valley Hospital/University of Colorado Health to plan home football game day operations. Those game day operations include planning for security arrangements, emergency and medical response, as well as traffic and parking plans. In addition, before each home football game, CSU hosts a meeting with those same individuals to coordinate the specific operations for the upcoming football game. CSU follows a similar approach when ATTACHMENT 1 2 planning and managing events on the CSU main campus, including basketball and volleyball games and special events at Moby Arena. F. For several years, CSU has given serious consideration to the construction and operation of a new on-campus stadium located on CSU’s main campus. On December 5, 2014, following hours of public comment and discussion among the Board of Governors of the Colorado State University System, the Board approved the recommendations of CSU President Tony Frank to go forward with the planning, development, financing and construction of an on- campus multi-use stadium facility at CSU to be located at West Lake Street and Meridian Avenue. CSU anticipates the stadium facility will host CSU home football games beginning with the 2017 season. G. On December 4, 2014, the City Council passed Resolution 2014-109, stating that the construction of an on-campus stadium would present impacts to the City and to the neighborhoods adjacent to the proposed stadium, and directing the City Manager to negotiate an intergovernmental agreement with CSU regarding those impacts. CSU and the City have engaged in numerous discussions regarding the impacts of an on-campus stadium and both the City and CSU agree that mitigation of these impacts can be addressed through an intergovernmental agreement addressing operational planning, infrastructure, improvements, transit operations, parking and traffic issues, law enforcement and security services, as well as neighborhood relationships. H. In connection with CSU’s planning for the new stadium, CSU and the City have evaluated stadium-related impacts in order to develop plans and commitments for mitigation of such impacts, as described in this Agreement, including but not limited to operational planning, infrastructure, improvements, transit operations, parking and traffic issues, law enforcement and security services, as well as neighborhood relationships. I. The conduct of significant events in the on-campus stadium facility will have certain impacts to the CSU campus and the surrounding neighborhoods, and as set forth herein, CSU agrees to be responsible for mitigating the impacts that are directly related to the construction and operation of the on-campus stadium facility. However, it is CSU’s position that it is not responsible for any current City infrastructure inadequacies, nor for any improvements that may be desired by the City yet are not directly related to the construction and operation of the new on-campus stadium facility. J. The Parties have jointly identified the need and responsibility to evaluate and manage the existing pedestrian and bicycle traffic entering, exiting, and traversing campus, as well as the increase in such traffic created by the use of the stadium. The Parties also acknowledge the mutual goal of promoting bike and pedestrian safety both on- and off-campus. This responsibility, in conjunction with the Parties’ mutual commitment to reducing vehicle traffic, will be achieved by the improvement of access points around campus, including both grade-separated crossings and same-grade crossings. The safety and management of pedestrian and bicycle traffic will be further achieved by a multi-modal approach to event operations. By emphasizing public transit, as well as implementing best efforts to disperse and spread out peak arrival and departure flows, the Parties can avoid unnecessary infrastructure costs while ATTACHMENT 1 3 maximizing the stadium’s benefit to CSU and the City. The precise impact of the pedestrian and other traffic generated by the use of the stadium on the surrounding campus, neighborhoods and public services and infrastructure cannot be perfectly predicted, even leading up to the stadium opening. The Parties agree to continue to work together in good faith to identify impacts and common needs, and to develop plans for mitigating such impacts going forward. K. For the purposes of this Agreement the Parties have deemed the terms “campus” and “main campus” to mean generally the approximately 200 acre area southwest of the intersection of College Avenue and Laurel Street that is used by CSU for academic purposes, administrative purposes and other programs and activities associated with CSU. The terms “campus’ and “main campus” are not intended to have a particular legal or interpretive significance as used in this Agreement. L. CSU is recognized locally and nationally as a “green” university, and makes substantial efforts in both construction and normal operations to minimize impact on the environment. In 2015, CSU received the highest score ever reported on the Sustainability Tracking, Assessment and Reporting System (“STARS”), earning CSU the title of the most sustainable university in the country. The City of Fort Collins is also recognized for its green initiatives and energy conservation. Both Parties approach new construction and operational efforts with the same commitment to the environment that helped earn these accolades. M. As set forth in this Agreement, the City and CSU agree to take specific steps to mitigate the impacts related to the construction and operation of a new on-campus multi-use stadium facility, and agree to continue to collaborate and coordinate together in order to advance these objectives. NOW, THEREFORE, the Parties agree as follows: 1. Term. The term of this Agreement will begin on the date it is fully executed by the Parties (the “Effective Date”) and shall continue until June 30, 2020, provided that the Agreement shall be automatically extended for successive five (5) year terms until either party gives written notice to the other of its intent to terminate this Agreement at the end of its then- current term. Such notice shall be given at least sixty (60) days prior to the end of the then- current term. The Parties have agreed to review and update this Agreement as needed through the adoption of addenda, as more specifically described below. 2. Use of the Stadium. A. Uses. CSU contemplates using the new on-campus stadium facility (the “Stadium”) for several purposes, including but not limited to football practices and games, other CSU NCAA sports, club sports practices and games, intramural practices and games, band and cheerleading practices, athletic camps, as well as special events such as welcome and orientation events, graduation ceremonies, distinguished speakers, and occasional concerts, and various academic and student support purposes, many of which already occur in other CSU locations, including on the main campus. ATTACHMENT 1 4 B. Major Events. For purposes of this Agreement, a “Major External Event” is defined as a ticketed event, for which tickets are offered for sale to the public, featuring a performance external to CSU, at which attendance is anticipated to exceed 12,000 persons. For purposes of this Agreement, a “Major CSU Event” shall mean any event held at the Stadium that is expected to take place (and ultimately does take place) in the Stadium that, based on past experience, advance ticket sales or other reasonably accurate and publicly available information, is reasonably expected to attract 12,000 or more attendees who are primarily CSU students, faculty, staff, alumni, donors, or supporters and their respective family members and guests, including but not limited to CSU football games, commencement, or new student orientation. CSU agrees not to hold a Major External Event in the Stadium for the first two calendar years after the Stadium’s substantial completion. Following the initial two-year period, CSU anticipates hosting no more than one (1) Major External Event in the third year, no more than two (2) Major External Events in the fourth year, and no more than three (3) Major External Events in the fifth year. CSU agrees to give the City notice of at least sixty (60) days prior to any Major External Event at the Stadium, and to review each Major External Event with the City, both before and after it occurs. If significant problems are discovered through good faith discussions, CSU agrees to discuss with the City a possible limit on the number or extent of future Major External Events. 3. Stadium Event Management. A. Regular Coordination. CSU agrees to continue communicating and coordinating with the City and Larimer County and other relevant agencies for all Major CSU Events and Major External Events held at the Stadium (either referred to as a “Major Event”). In addition, CSU agrees to work with the City to develop, no later than one year in advance of the first Major Event, a Major Event Coordination and Operations Plan (“the Plan”) to provide a framework for management of Major Events, based upon the size, nature and timing of such events. It is anticipated that the Plan will also assist CSU and the City in establishing a framework for planning and coordinating other events that are not considered Major Events but are anticipated to alter the pattern or volume of pedestrian, transit or other traffic flows, or otherwise impact the public facilities serving the CSU campus. The Parties agree to work cooperatively to review and update the Plan from time to time in coordination to reflect the information developed through experience with events and operation of the Stadium. The Plan will also identify a process and mechanism for a game-day communications plan to provide for communication of game- day concerns and coordination, and will generally identify costs of operations expected to be incurred by the City and required in connection with Major Events, to facilitate discussion of and planning for reimbursement of those expenses by CSU. B. Law Enforcement and Security. CSU will coordinate the provision of law enforcement and other security for Major Events at the Stadium. CSU agrees to be responsible for additional costs, if any, that are directly associated with the provision of law enforcement and security for Major Events, as set forth in writing for each specific Major Event. In addition, CSU agrees to consult with local law enforcement agencies ATTACHMENT 1 5 about entering into a Special Event Mutual Assistance Agreement or other agreement intended to coordinate and arrange for cooperation in connection with Major Events at the Stadium or other events anticipated to result in significant law enforcement and security needs which exceed CSU’s ability or desire to solely provide. In planning for and responding to emergencies on campus, including at the stadium, CSU utilizes a comprehensive Emergency Response Plan, which incorporates the National Incident Management System (“NIMS”), and coordinates with all other appropriate law enforcement agencies. C. Traffic and Parking. CSU and the City agree to encourage multi-modal methods of transportation, such as walking, bicycles, buses, and shuttles, as well as vehicles, to the Stadium for Major Events. CSU is developing a traffic management and campus parking plan for Major Events at the Stadium (the “Traffic/Parking Plan”), and CSU agrees to confer with the City about the Traffic/Parking Plan and any amendments, additions or replacements of or to said Plan. The Parties agree to work together in good faith, in continuation of the spirit of current practices, regarding such approvals and such a Plan. The Parties acknowledge that the initial Traffic/Parking Plan will be based on the expectations for the initial operation of the Stadium, and that any Traffic/Parking Plan will likely require modifications over time, depending upon attendance, traffic patterns, and the availability of public transportation, as well as the evaluation of impacts based on experience with events at the Stadium. The Parties agree to review and develop plans to address costs associated with heightened or special parking enforcement in areas around the campus on Major Event days as part of post-event review process described below in Section 8(B), and on an ongoing basis. D. City Public Transportation Services. CSU agrees to purchase at the City’s generally established price and/or rate for provision of contractual transit services, and the City agrees to the extent of its practical and legal ability to provide, additional City public transportation services, particularly additional services from Transfort, including MAX bus rapid transit service, to assist with managing the flow of people to and from Major Events at the Stadium. Such additional public transportation services will be provided to CSU upon appropriate notice and subject to available capacity, provided that the City shall use its best efforts to plan for such additional capacity in advance based on the information provided to the City by CSU, and shall not unreasonably withhold such services. CSU and the City agree to discuss on a regular basis those supplemental transportation services to be requested by CSU and provided by the City for Major Events at the Stadium. E. Litter and Trash. CSU agrees to establish and implement litter abatement and removal practices for all events held at the Stadium that will include provision of sufficient recycling and disposal receptacles and related attendee education. CSU agrees to consult with the City about any such litter abatement plan, and any amendments, additions or replacements of or to such a plan, and is committed to working with the City, the SAG and the neighborhoods in the vicinity of the Stadium to identify and address litter and trash problems that result from Major Events or other types of events at the Stadium. ATTACHMENT 1 6 F. Game-Day Activities. CSU agrees to establish and support the ongoing efforts of a working group comprised of CSU staff representatives and at least one City staff representative, to evaluate and develop plans for the conduct of game-day events and activities, including tailgating, which CSU intends to encourage and provide opportunities for on the campus (rather than in adjacent neighborhoods). The working group will consult with the City regarding matters of shared interest and concern, and CSU will share plans for the conduct of game-day events and activities with the City and integrate those plans into the Major Event Coordination and Operations Plan. 4. Neighborhood Relationships. A. Stadium Advisory Group. CSU and the City agree to support and participate in the creation and maintenance of have created a Stadium Advisory Group (“SAG” or “the Group”) to examine actual impacts and community interactions as the Stadium is put to use. The SAG shall be established by the Parties within six months of execution of this Agreement, and shall be comprised of no fewer than nine persons, no fewer than six of whom shall be affiliated neither with the CSU organization nor the City organization, except that they shall be jointly appointed by the City Manager of the City and the President of CSU. Of said unaffiliated members, no fewer than two shall be members of the local business community. The City shall have no fewer than one representative, and CSU shall have no fewer than two representatives on the SAG. The SAG will be created in good faith, and any recommendations will be considered by both parties as future decisions related to the Stadium, its operations, and impacts, are made. The Parties will cooperate in good faith to maintain the SAG, and any recommendations will be considered by both parties as future decisions related to the Stadium, its operations, and impacts are made. The SAG will meet at least twice yearly, before and following the football season, to review and assess Stadium issues impacting the local residents. CSU is responsible for operating the SAG and any costs associated herewith. B. Good Neighbor Fund. CSU recognizes the construction and subsequent use of the Stadium may have impacts on the neighborhoods adjacent to the University, both expected and unexpected. In the spirit of partnership and responsibility, CSU will conduct fundraising efforts to establish a Good Neighbor Fund (“the Fund”), administered and maintained by CSU or an associated foundation or other appropriate entity, for the sole purpose of supporting efforts to lessen any undesirable or unanticipated effects on City neighborhoods. The stated goal of this fund is an endowment of $750,000, with the endowment income to be committed in whole or part to such ameliorative efforts. However, during the fundraising process or until the expiration of this Agreement, whichever is shorter, CSU will commit up to $37,500 annually to proposals submitted in the spirit of the Fund. Such funds will be allocated and disbursed at CSU’s discretion, through a process to be determined at a later time taking into account input from the City and the SAG. ATTACHMENT 1 7 5. Infrastructure and Related Improvements. The project titles and descriptions in this section are for reference only, and have been specified and defined more thoroughly elsewhere through direct staff-level discussions between the Parties. Such details may change through mutual written assent external to this Agreement, via the ongoing cooperative efforts as described herein. All City infrastructure shall be designed and constructed in accordance with the applicable standards and specifications. The Parties acknowledge that the final extent and nature of improvements required may be modified as needed to serve or address the impacts of the Stadium and related improvements as finally designed. In addition, the Parties acknowledge that it will be necessary for the Parties to further discuss and determine the allocation of responsibility for actual construction, as opposed to funding, of improvements. A. Coordination of Construction. Both parties acknowledge that the construction of the Stadium and the surrounding improvement projects will create a temporary disruption for local residents, the City, CSU staff, and CSU students. As it is in the best interest of the citizens and thereby the Fort Collins community, the City and CSU will offer their respective assistance in good faith when necessary to accommodate the improvements described herein. Accordingly, CSU agrees to consult and partner with the City regarding CSU construction plans, schedules and related operational modifications, in order to ensure that any required impacts on, or management of, public facilities or services are addressed. CSU shall be responsible for the costs of repair, restoration or replacement, to City standards, of City facilities damaged as a result of CSU’s construction activities or related impacts. B. Utilities. CSU agrees that City-furnished utility service to the Stadium and any related improvements are subject to compliance with all terms and conditions for utility service, payment of all applicable rates, fees and charges, and construction of required infrastructure in accordance with applicable City standards and specifications. Based on the proposed design and service level for the Stadium as of the time of this Agreement, CSU understands that it will be required to fund or to construct the following improvements and any other utility improvements determined to be necessary for the construction and operation of the Stadium: (1) Waste Water a. Sanitary sewer installation by CSU under Whitcomb Street from Lake Street to Wallenberg Drive to provide capacity for the Stadium plus replacement of existing collection system under Whitcomb Street due to the congested right of way. Existing services and collection systems to the existing Whitcomb Street system shall be reconnected to the new sanitary sewer main, except those services which will be decommissioned with the demolition of eight houses on the east side of Whitcomb Street between Lake and Prospect as part of an adjacent project. ATTACHMENT 1 8 b. Downstream pipe upgrade replacements to provide capacity improvements necessary to serve the stadium and maintain any currently existing excess capacity for future needsCSU shall reimburse the City for a formal analysis of and final report describing the impacts of the on-campus stadium on the downstream Spring Creek sewer trunk system. This report identified a constrained segment of the Spring Creek sanitary sewer system crossing Timberline Road. c. Or an alternate design of either or both items a. and b., as mutually approved by the City and CSUThe City shall manage design and construction services for the project. CSU shall reimburse the City for all costs associated with the design, alternative analysis, project management, construction, and associated services to address the cause of the flow constraint. d. Final reimbursement shall be based on actual costs. (2) Storm Water a. Replace and construct portions of an existing 42” University-owned and University-maintained storm sewer from point of connection at stadium, at approximately Lake Street and Whitcomb Street, south and east to a new water quality pond located near Center Avenue and Bay DriveCSU will reroute the existing City storm main to avoid the new stadium footprint, such realignment to fall within the existing City storm easement to allow access by City workers. b. CSU will Cconstruct a new water quality outfall pond from the 42” University-owned pipe described above. c. The City and CSU have agreed to the construction of a larger water quality pond that will benefit both entities. The City shall reimburse CSU for a portion of costs associated with the design, project management, construction, and associated services to complete the water quality facility, outfall, spillway, and landscape improvements. Total reimbursement shall be based on actual final costs and split based on flow contribution to the facility, with 52% of costs assigned to CSU and 48% of costs assigned to the City. ATTACHMENT 1 9 cd. CSU will Iinstitute storm water detention on the stadium site. Underground detention is an acceptable method. d. Or an alternate design of any or all items a. through c., as mutually approved by the City and CSU. (3) Electrical Feed a. Provide new, second electrical feed into main campus from Laurel StreetCity will provide a new, second electrical feed into main campus from Laurel Street. CSU will pay the difference in costs for providing two circuits at the new Laurel Street location compared to providing two new circuits at the existing electrical feed location at Lake and Mason streets. (3)(4) Natural Gas a. CSU shall be entirely and solely responsible for any natural gas-related infrastructure in cooperation with Public Service Company of Colorado (Xcel Energy). C. Transportation Improvements. CSU agrees to construct or to fund the following improvements to be completed, excepting circumstances beyond CSU’s control, prior to the first Major Event held at the Stadium: (1) Improvements at Prospect Road and Centre Avenue. CSU will construct or perform: a. Addition of a second left turn lane on both the northbound and southbound intersection approaches Centre Avenue widening to accommodate a second left turn lane on both the northbound and southbound intersection approaches on game days, if needed. On non-game days the space may be used for full bike lanes on the north- and southbound approaches unless otherwise decided by the City; b. Grade-separated crossing of Prospect Road for pedestrians and bicycles Underpass at Prospect Road for pedestrians and bicycles. Additional details regarding operation and maintenance of the underpass may be described in a separate written agreement to be negotiated between the parties and executed by the City Manager and University President. (2) Improvements at Elizabeth Street and Shields Street Grade- Separated Pedestrian and Bike Crossing of Shields Street at West Elizabeth Street: ATTACHMENT 1 10 a. Lane improvements CSU will construct an underpass on the south side of West Elizabeth, which may include a prefabricated water-tight box structure, ADA compliant ramps, and terraced plantings. b. CSU will pay all property acquisition and construction costs for the underpass, including the cost of any relocation of existing utilities necessary to accommodate the underpass. c. The City will fund an upgraded bicycle/pedestrian crossing signal on West Elizabeth west of Shields Street estimated to be approximately $80,000. d. The City will pay all engineering department, right of way permit and inspection fees estimated to be approximately $50,000. e. Additional details regarding operation and maintenance of the underpass may be described in a separate written agreement to be negotiated between the parties and executed by the City Manager and University President;. (3) Improvements at College Avenue and Lake Street:At-Grade Improvements at Elizabeth Street and Shields Street. CSU will construct or perform: a. Modification of left turn geometry on northbound College Avenue at Lake Street;Lane improvements separating eastbound left turn lanes from the through lane, widening the westbound approach in the Moby Gym parking lot, and new striping and medians; b. Enhanced pedestrian plaza areas. The City will fund and construct necessary changes to the signal including new signal poles, cabinet relocation, other signal modifications and fiber communications estimated to be approximately $200,000. (4) Improvements at Washington Street and Laurel Street: Improvements to Prospect Road and College Avenue Intersection. a. Enhanced pedestrian crossing; ATTACHMENT 1 11 a. The following improvements will be designed, funded and built by CSU as part of the approved plans for the CSU Medical Center project: i. Modification of southbound right turn lane from College Avenue onto Prospect Road; ii. Addition of a second eastbound left turn lane and median; iii. Relocation of traffic signal pole on the northwest corner of the intersection; iv. Bus stop on westbound Prospect including turn out lane; v. Construction of ten (10) foot wide detached sidewalks with landscaped parkway on the north side of Prospect Road between College Avenue and Mason Street and along College Avenue between Prospect and Lake where possible. b. Any improvements not part of the CSU Medical Center project will be funded and constructed by the City unless otherwise agreed by the parties. (5) Improvements at Sherwood Street and Laurel Street: Improvements at College Avenue and Lake Street. The City will construct, at the City’s cost, the modification of left turn geometry on northbound College Avenue at Lake Street. a. Enhanced pedestrian crossing; (6) Improvements on Lake Street: Improvements at Washington Street and Laurel Street. CSU will construct an enhanced pedestrian crossing on the east side of Washington Street to include a refuge median and pedestrian-activated rectangular rapid flashing beacon (RRFB). a. Bike/pedestrian improvements; (7) Main Campus Pedestrian Improvements Improvements at Sherwood Street and Laurel Street. CSU will construct an enhanced pedestrian crossing on the west side of Sherwood Street ATTACHMENT 1 12 to include a Pedestrian Hybrid Beacon or HAWK (High-Intensity Activated Crosswalk) signal. a. Sidewalk improvements on Whitcomb Street between Prospect Road and Lake Street; b.Sidewalk improvements on Pitkin Street; (8) Parking Improvements (Independent of the Stadium) i. Continued operation of main campus Lake Street parking garage; ii. Construction of additional main campus parking garage (approximately 400 net new parking spaces); and iii. Construction of additional surface parking off of Research Boulevard (approximately 900 parking spaces); Bike and Pedestrian Improvements along Lake Street. a. City shall fund and perform the removal of parking between College and Whitcomb in order to maintain travel lanes and implement buffered bike lanes; b. CSU shall fund and perform sidewalk improvements including: i. A widened and ADA-compliant sidewalk on the south side of Lake Street between Shields Street and Whitcomb Street; ii. A mid-block crossing on the west end of Lake Street that will connect to ADA-compliant sidewalks; iii. A new pedestrian sidewalk on the south side of Lake Street crossing the railroad tracks to connect to the Mason Trail and the MAX bus line; iv. A new sidewalk on the south side of Lake Street between Mason and College; v. Further operational improvements to the intersection of Lake Street and Center Avenue; c. On-street parking, bike lanes, and travel lanes shall remain between Whitcomb Street and Shields Street. ATTACHMENT 1 13 (9) Signage Improvements: Main Campus Pedestrian Improvements. i. Wayfinding signage to new Stadium location; ii. Wayfinding signage to new event parking; iii. Signage in surrounding neighborhoods; and iv. New interstate signage to Stadium; a. Sidewalk improvements on Whitcomb Street between Prospect Road and Lake Street will include an eight (8) foot detached sidewalk to be connected with a six (6) foot sidewalk along Lake Street connecting to Aggie Village; b. Sidewalk improvements on Pitkin Street: i. A new sidewalk on the south side of Pitkin Street at the railroad crossing to connect to the Mason Trail and MAX bus line; ii. A new six (6) foot detached sidewalk on the south side of Pitkin Street between Mason Street and College Avenue; iii. Improved roadway crossings of Pitkin at both Shields Street and College Avenue, pursuant to the Pitkin Low-Stress Bike Network, to be managed, funded, and constructed by the City. (10) Traffic Responsive Signal System to support operational capabilities for Stadium events; CSU Parking Improvements (Independent of the Stadium) a. Continued operation of the main campus Lake Street parking garage; b. Completion of additional main campus parking garage (approximately 400 net new parking spaces); and c. Construction of an additional surface parking lot off of Research Boulevard (approximately 900 parking spaces), which will include a westbound right turn lane from Drake Road onto Research Boulevard. (11) Signage Improvements are anticipated to include: a. Wayfinding signage to new Stadium location; ATTACHMENT 1 14 b. Wayfinding signage to new event parking; c. Signage in surrounding neighborhoods; and d. New trailblazing signage to Stadium from the interstate. (1012) Traffic Responsive Signal System to support operational capabilities for Stadium events, to be designed after the operational plan is fully understood. (1113) Alternative Transportation Support and Growth: ia. Continued funding for Around the Horn and Main-to- Foothills campus shuttles. iib. Employee and student access to MAX rapid transit service. D. Additional or Ongoing Study. CSU and the City recognize that several ideas and suggested efforts have been raised in early planning stages and remain under development. The Parties agree to meet in good faith to discuss any jointly identified needs and solutions as the evaluation process moves forward, and will report on the progress of that evaluation no later than six months after the execution of this Agreement as provided in Section 8(A). The Parties reported on the progress of that evaluation six months after the execution of this Agreement as provided in Section 8(A). The Parties agree that ongoing efforts to evaluate and analyze the need for and feasibility of these improvements will continue to completion and that periodic reports on this ongoing work will be provided to the City Manager and the University President. Project responsibility will be based on specific technical analyses including generally accepted engineering standards which shall be completed as part of this evaluation. The Parties are fully committed to implementing the following projects as soon as practicable: (1) Grade-Separated Pedestrian and Bike Crossings or Other Improvements to Address Crossing Issues: a. Shields Street between Laurel Street and Bennett Court. (1) Prospect Corridor Improvements. Improvements are outlined in West Central Area Plan (WCAP), but multi-modal improvements such as the multi-use path are most beneficial for the Stadium. CSU has incorporated WCAP guidelines in all new, current CSU developments adjacent to Prospect Rd. (2) Prospect Corridor Improvements: a. Improvements are outlined in West Central Area Plan, but multi-modal improvements such as the multi-use path are most beneficial for the Stadium. (2) Intersection Improvements. ATTACHMENT 1 15 a. Lake Street and Centre Avenue intersection will be evaluated to consider vehicular, bike, and pedestrian volumes for potential intersection signalization. (3) Intersection Improvements a. Improvements to Prospect Road and College Avenue intersection; b.Improvements to Lake Street and Centre Avenue intersection. 6. Environmental Standards for Stadium Construction and Use. The City has provided CSU with the City’s environmental guidelines related to the construction and use of buildings, and CSU has agreed to review and consider those guidelines during CSU’s construction and operation of the Stadium. The Parties acknowledge that these guidelines are merely advisory. CSU generally strives to achieve the standards established by the U.S. Green Building Council for Gold-level certification. In addition, CSU, as part of a larger university goal, seeks to pursue a carbon neutral standard. 7. Noise and Lighting. The parties acknowledge there is potential for the construction and operation of the Stadium to produce noise and intrusive light that may detrimentally impact adjacent streets and neighborhoods. CSU agrees to explore, and to employ to the extent reasonably practicable, best practices and available technology concerning the mitigation of such noise and lighting impacts. CSU agrees to strive to meet the City’s noise ordinances in connection with non-football game events at the Stadium. CSU is committed to receiving input from the SAG, if necessary, to identify and address such problems that result from Major Events or other types of events at the Stadium. 8. Review Procedures and Updates. The Parties acknowledge that they are entering into this Agreement based on their expectations for the initial operation of the Stadium, and that the actual impact of the Stadium cannot be fully known in advance of construction and commencement of use. The Parties agree to meet in good faith for a periodic review of this Agreement and any procedures attendant thereto, at a time and place to be mutually agreed upon. Although the Parties agree to discuss any proposed amendments to the Agreement as part of any periodic review, neither Party is obligated to agree to any subsequent amendment to the Agreement and its provisions. Specifically, the Parties agree: A. The Parties will, within six months of the execution of this Agreement, thoroughly review the expectations, understandings and commitments of the Parties as described herein, including but not limited to a status review of the construction of all improvements described in Section 5, and the evaluation of potential improvements described in Section 5(D). The Parties will report the results of such review to their respective governing bodies and may discuss the adoption of one or more addenda to this Agreement as necessary to document updated requirements for infrastructure improvements and other commitments to reflect the further implementation of this Agreement. Neither Party is obligated to adopt such addenda to this Agreement. ATTACHMENT 1 16 B. The Parties will, beginning no later than one month after the completion of the first football season to be played in the Stadium, thoroughly review the impacts from the use and operation of the Stadium and the effectiveness of the measures described in this Agreement and in the plans and procedures established pursuant to this Agreement, including but not limited to a status review of the construction of all improvements described in Section 5, the evaluation of potential improvements described in Section 5(D), and the evaluation and development of plans for management of Major Event- related impacts, such as game-day tailgating and similar matters. The Parties will report the results of such review to their respective governing bodies, and may negotiate one or more addenda to this Agreement as necessary to document updated requirements for infrastructure improvements and other commitments to address gaps in avoidance or mitigation of impacts or unexpected consequences from the Stadium in light of such review. Neither Party is obligated to adopt such addenda to this Agreement. 9. Existing Rights and Agreements. Nothing in this Agreement shall act to amend, modify, or supersede any annexations, any related agreements or any other agreements, rights, or legal positions by and between the City and CSU external to this Agreement, or to alter in any way their recourse under the same. 10. Liability. Only to the extent permitted by applicable law, each party will be responsible for its own negligent acts or omissions and that of its officers, employees, agents and contractors. Any liability of the City, CSU, or their officers and employees is subject to all the defenses, immunities, and limitations of the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended (the “CGIA”), and to any other defenses, immunities, and limitations to liability available under the law. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by CSU or the City of its governmental and sovereign immunities, as an express or implied acceptance by CSU or the City of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the CGIA, as a pledge of the full faith and credit the State of Colorado, or as the assumption by any of the Parties of a debt, contract or liability of each other in violation of Article XI, Section 1 of the Constitution of Colorado. 11. Default; Dispute Resolution. If any party defaults in its obligations under the terms of this Agreement, a non-defaulting party may give the defaulting party written notice specifying the nature of the default. If the defaulting party has not cured the default within thirty (30) days, or, for a default reasonably requiring more than thirty (30) days to effect a cure, has not commenced a cure within thirty (30) days and pursued it with diligence, the non-defaulting party may terminate this Agreement, provided that, if there is any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof, the parties agree to attempt to resolve the dispute informally before terminating the Agreement. Accordingly, the Parties will first elevate the disputed issues to senior administration, and if the matters are not resolved, the Parties may then engage in mediation or other non-binding dispute resolution methods. The Parties agree that in the event of a breach of this Agreement by either party, except for any breach of the obligations set forth in Section 5(B) herein, the sole remedy of the non-breaching party shall be termination of this Agreement as set forth herein, and neither party shall be liable to the other for any money damages, expenses, costs or attorneys’ fees, and ATTACHMENT 1 17 neither party shall be entitled to seek and both Parties agree to waive the right to pursue any equitable remedies, including but not limited to injunctive relief or specific performance. 12. Notices. Any notice or other communication given by any party to another relating to this Agreement must be hand-delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at its respective addresses set forth below; and such notice or other communication will be deemed given when so hand-delivered or three (3) business days after so mailed, or the next business day after being deposited with an overnight commercial courier: If to the City: City Manager City of Fort Collins Attn: Darin A. Atteberry P.O. Box 580 Fort Collins, CO 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to CSU: Office of the President Colorado State University Attn: President Tony Frank 0100 Campus Delivery Fort Collins, CO 80523-0100 With a copy to: Office of the General Counsel Colorado State University System 01 Administration Building 0006 Campus Delivery Fort Collins, CO 80523-0006 13. Obligations Subject to Appropriation. The obligations of CSU and the City to commit or expend funds in any subsequent fiscal year are subject to and conditioned upon the annual appropriation of funds sufficient and intended to carry out said obligations by the Fort Collins City Council and the Board of Governors of the Colorado State University System, respectively, in the City and CSU’s sole discretion. If the City Council or the Board of ATTACHMENT 1 18 Governors does not appropriate funds necessary to carry out any such obligations, the City or CSU will notify the other party promptly of such non-appropriation. If such non-appropriation results in a material impairment of the City’s or CSU’s rights hereunder, such party may terminate the Agreement, with no further recourse against the other party, by providing thirty (30) days written notice. 14. General Provisions. A. Words of the masculine gender include the feminine and neuter gender; and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and vice-versa. B. This Agreement is to be construed according to its fair meaning and as if prepared by both Parties and is deemed to be and contain the entire understanding and agreement between the Parties. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Agreement unless set forth in writing and signed by the Parties. C. This Agreement cannot be modified or assigned except in writing signed by all parties. D. Subject to the provisions hereof, the benefits of this Agreement and the burdens hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators, successors, agents and permitted assigns. E. This Agreement will be governed by and its terms construed under the laws of the State of Colorado. Any judicial proceedings commenced by a party to enforce any of the obligations, covenants, and agreements contained herein, must be commenced in the Larimer County District Court located in Fort Collins, Colorado. F. Nothing contained herein is deemed or should be construed by the Parties nor by any third party as creating the relationship of principle and agent, a partnership or a joint venture between the Parties, or any employment relationship between the Parties. G. This Agreement is made for the sole and exclusive benefit of the City and CSU, and it is not made for the benefit of any third party. H. If any term or condition of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any way affect any of the other terms or conditions of this Agreement, provided that the invalidity of any such term or condition does not materially prejudice any party in their respective rights and obligations under the valid terms and conditions of this Agreement. I. No party will be deemed in violation of this Agreement if prevented from performing any of its respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of ATTACHMENT 1 19 superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which it is not responsible or that are not within its control. THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: By: Karen Weitkunat, Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY Date: ___________________ By: ________________________________ Tony Frank, President Legal Review: Date: ________________________ By: ____________________________ Jason L. Johnson Deputy General Counsel Colorado State University System ATTACHMENT 1 Status Update 1 CSU-IGA Infrastructure Projects 3/31/2017 Funding Identified Map ID Infrastructure Project Information Completion Deadline N/A Game Day Operational Framework Plan SCOPE: “CSU agrees to working the City to develop, no later than one year in advance of the first Major Event, a Major Event Coordination and Operations Plan (“the Plan”) to provide a framework for management of Major Events, based upon the size, nature and timing of such events. The Plan will also assist CSU and the City in establishing a framework for other events that are anticipated to alter the pattern or volume of pedestrian, transit or other traffic flows, or otherwise impact the public facilities serving the CSU campus.” STATUS: Communication & Implementation phase: Community Outreach/Information sessions Jan. thru Feb. 2017  Transit: Transfort: Parking Services submitted a proposal to provide Game Day transit service for 6 games during 2017. The proposal includes enhanced MAX service, a Centre Avenue parking shuttle, enhanced West Elizabeth service, and a short campus circulator. CSU athletics has tentatively indicated their acceptance of the proposal pending completion of an agreement spelling out the service provision and costs. Transfort is currently drafting an Intergovernmental Agreement to that end for review and approval by CSU in the next few weeks.  Residential Parking Mitigation: Transfort – Parking Services has developed a Stadium Event Residential Parking Permit Program which includes enforcement of permit zones during Game Day and other large events at the stadium. Meetings have been held with neighborhoods surrounding the campus to gain input on the program. Over the next few weeks, neighborhood owners are being asked to vote on the program. Neighborhoods that vote in support will have signs installed throughout spring and summer indicating the additional parking enforcement, and the City will provide permit enforcement during stadium events. While City staff has discussed the parking program with CSU athletics and other staff, the mechanism for how CSU will pay for the additional signs and enforcement has not been determined. Completion: August 2017 ATTACHMENT 2 Status Update 2 College Ave. at Spring Creek – Upsize City Sanitary Main for Stadium Flow – Ditesco SCOPE: Evaluate & analyze condition and operation of existing sanitary sewer system to determine effects of future sanitary flows from the new stadium when it is operational. “Downstream pipe upgrade replacements to provide capacity improvements necessary to serve the stadium and maintain any currently existing excess capacity for future needs.” STATUS:  Connell is finished with the majority of the work.  Landscape restoration and asphalt patch back in Spring 2017. Completion: January 2017 J Elizabeth & Shields St. Underpass & At-Grade Improvements - Tony Flores SCOPE: Improve vehicular, bike, and pedestrian movements and safety by incorporating lane width and geometry improvements, new light signal infrastructure, bike boxes, medians, and enhanced pedestrian plaza areas. As a result, this will provide enhanced operation during game day events. STATUS:  Full Closure of Shields & Elizabeth: February 25th through April 3rd due to utility conflict discovered in the field.  Project is currently on schedule. Completion: August 2017 K Whitcomb – New Sanitary Sewer for Stadium Flow - Lake to Wallenberg Dr. – ICON SCOPE: Install new sanitary sewer for stadium from Lake Street to Wallenberg Drive, replace all existing taps to houses along the way. “Sanitary sewer installation under Whitcomb Street from Lake Street to Wallenberg Drive to provide capacity for the Stadium plus replacement of existing collection system under Whitcomb Street due to the congested right of way. Existing services and collection systems to existing Whitcomb Street system shall be reconnected to the new sanitary sewer main.” STATUS: Complete. COMPLETE D Whitcomb- East Sidewalk - Tony Flores & JVA SCOPE: “Sidewalk improvements on Whitcomb Street between Prospect Road and Lake Street.” Install a new 8’ detached sidewalk along the east side of Whitcomb between Lake and Prospect changing to 6’ detached along Lake Street from Whitcomb to Aggie Village site and 10’ along Prospect from Whitcomb to Aggie Village site. Replace existing curb & gutter, new ADA compliant ramps, landscape and irrigation along parkway, terminating water and gas utility services to existing homes and 15’ pedestrian lighting. COMPLETE ATTACHMENT 2 Status Update 3 STATUS: Complete. R Prospect & College - Intersection Improvements – Milt Brown & JVA SCOPE: CSU will incorporate an enhanced southbound right hand turn lane from College onto Prospect to include a new traffic light signal pole, a bus turn out lane on the north side of Prospect, landscaped median separation between east and west bound lanes on Prospect, and landscaped parkway with an 8’ detached sidewalk into the CSU Health & Medical Center site development. Concurrently, the COFC will be redeveloping the other 3 corners of the intersection. STATUS:  COFC and CSU traffic control/lane closures for phasing have been communicated.  A&P has begun work on northwest corner.  Road closure to complete lane work and median may be delayed due to delay of closure at Shields and Elizabeth. COFC and CSU working through scheduling options. Completion: April 2017 O2 Pitkin Ped Improvements- South Side Sidewalk at RR – Laura Bently & Ditesco SCOPE: “Sidewalk improvements on Pitkin Street.” STATUS:  PUC Application has been approved – Haselden is pricing out this work to complete with the build-out of Pitkin St. and East Drive this spring/summer. Anticipate work occurring between May 15 and July 1.  COFC traffic signal installation: plans to drill caissons in March, boring for underground conduit work to happen by early May. CSU and COFC are coordinating this effort. Completion: August 2017 A A1 A2 A3 Lake Street – Bike & Ped Improvements – Laura Bently, Mortenson & Ditesco SCOPE: “Bike/pedestrian improvements.” 1. College & Lake – Lengthen Northbound Left Turn Lane – COFC STATUS: Complete. 2. South Side Lake Street Sidewalk - ICON STATUS:  Currently under construction. Anticipate completion April 15th. 3. Mid-Block Crossing – Laura Bently & Ditesco & ICON Completion:  COMPLETE  April 2017  March 2017 ATTACHMENT 2 Status Update 4 A4 A5 A6 STATUS:  Currently under construction. Anticipate completion April 15th. 4. Lake Street- Bike & Ped Crossing at RR - Laura Bently & Ditesco STATUS:  PUC Application has been approved.  CSURF & BNSF working to execute easement agreement.  COFC traffic signal installation: plans to drill caissons in March, boring for underground conduit work to happen by early May. COFC and CSU coordinating work. 5. Lake & Center Intersection Improvements – Laura Bently & Ditesco SCOPE: Signalization/Operational scope that should be completed prior to August 2017. STATUS:  Will be collecting bike, pedestrian, and vehicle data during spring/summer/fall 2017.  Consultant interviews for Traffic Engineering consultant in progress.  Finalize design fall 2017/Jan 2018  Bid and award project spring 2018.  Build-out summer 2018 6. New South Side Sidewalk – Mason to College – Milt Brown & A&P STATUS: Complete.  August 2017  August 2018  COMPLETE G New Storm Water Quality Pond - Laura Bently & Olsson Assoc. SCOPE: “Construct a new water quality outfall pond from the 42” University-owned pipe that runs from the Stadium south and east to the outfall near Center Ave. and Bay Drive.” STATUS:  Final outlet structure is in place.  Stone spillway placement will occur through March 2017.  Bath to finish and landscape, etc. March/April 2017 (weather dependent).  City has agreed to reimburse CSU on a 52% CSU to 48% COFC shared construction & design cost of the project. Completion: April 2017 ATTACHMENT 2 Status Update 5 C Sherwood & Laurel and Washington & Laurel –Pedestrian Crossings – Laura Bently & Ditesco SCOPE: “Enhanced pedestrian crossings.” STATUS: Complete. COMPLETE H Main Campus Electric Feed #2 – Laura Bently & Michael Randall SCOPE: “Provide new, second electrical feed into main campus from Laurel Street.” STATUS:  Irrigation work is currently on-going.  Seeding, landscape, and site restoration complete by late April 2017. Completion: April 2017 Traffic Response Signal System – Laura Bently & COFC Traffic Ops SCOPE: Implement technology at intersections “to support operational capabilities for Stadium events.” STATUS:  Need to solidify the game day operational plan to determine at which major intersections need this technology.  COFC and Ditesco confirmed that there is existing fiber at all these intersections. Completion: August 2017 Signage Improvements – Wayfinding – events, neighborhoods, interstate –Fred H. SCOPE: Design and install campus and trailblazing signage specific to stadium and stadium events. “Wayfinding signage to new Stadium location.” STATUS: Fred, David & Jessica will manage this effort and assoc. funding. Completion: August 2017 N Prospect & Center Ave. Underpass – Tony Flores & ACC SCOPE: Design and build a grade separated crossing at Prospect & Center Ave. Improved pedestrian and bike crossing. “Grade-separated crossing of Prospect Road for pedestrians and bicycles.” STATUS: Complete COMPLETE ATTACHMENT 2 Status Update 6 P Parking Improvements- S. College Ave. Parking Structure – Tony Flores & Pinkard SCOPE: “Construction of additional main campus parking garage (approx. 400 net new parking spaces).” STATUS: Complete. COMPLETE N Prospect & Center – Dual Left Turn Lanes – Tony Flores & AC SCOPE: “Addition of a second left turn lane on both the northbound and southbound intersection approaches at Prospect and Center.” STATUS: Incorporated in Prospect & Center Underpass project. Complete. COMPLETE Prospect Corridor – WCAP – Improvements – Milt Brown & JVA STATUS: Incorporated in CSU Health & Medical Center project Items relative to Max corridor, bike racks and art monument. Completion: April 2017 O1 Pitkin Ped Improvements- South Side Sidewalk – Tony Flores & Pinkard SCOPE: New sidewalk on south side of Pitkin from College to Mason Trail. “Sidewalk improvements on Pitkin Street.” STATUS: Incorporated in S. College Ave. Parking Structure project. COMPLETE. COMPLETE T Parking Improvements – Research Blvd Parking Lot –Laura Bently & Ditesco SCOPE: 900+ space surface parking lot offering improved bike, ped and transit opportunities. “Construction of additional surface parking off of research Boulevard (approx. 900 parking spaces).” COMPLETE M Stadium – Xcel Natural Gas Service – Gene Ellis & Mortenson COMPLETE ATTACHMENT 2 Status Update 7 L City Stormwater Line Reroute for Stadium –Gene Ellis & Mortenson COMPLETE Alternative Transportation – Horn; MC to FC; MAX – Fred H. COMPLETE Further Study Required by IGA *I Lake & Center Intersection Improvements – Further at-grade improvements to manage traffic flows SCOPE: Additional at-grade structural improvements (Concrete pavement, planters/walls, landscape & irrigation). Could be completed summer 2018. STATUS: Concept design and rendering have been completed. Completion: TBD  Noted as future improvement in the IGA ATTACHMENT 2 1 Jeff Mihelich Deputy City Manager May 16, 2017 CSU Stadium Intergovernmental Agreement: First Amendment Transportation; Community and Neighborhood Livability ATTACHMENT 3 CSU – City Agreement 2 IGA signed with CSU April, 2015: • Neighborhood Relationships • Environmental Considerations • Operational Planning • Infrastructure Improvements • Projects Needing More Study ATTACHMENT 3 Proposed First Amendment 3 Amendments to: • Waste Water • Storm Water • Electrical Feed • Transportation o Intersections, Pedestrian, Bicycling, Signals • Parking • Neighborhood Relationships ATTACHMENT 3 Neighborhood Relationships Amending Section 4. Neighborhood Relationships: Adding to the Stadium Advisory Group paragraph that; • “CSU is responsible for operating the SAG and any costs associated therewith.” 4 ATTACHMENT 3 Completed Infrastructure Projects 5 • Stadium Underground Utility Services o Waste Water, Storm Water, Gas • Prospect and Center Intersection o Lane Improvements and Underpass • College and Lake Turn Lane • Laurel Street Enhanced Pedestrian Crossings • Parking Structure and Surface Lot Parking ATTACHMENT 3 Prospect and Center Underpass 6 • Intersection Turn Lanes • Grade Separated Crossing • 100% CSU Funded • Construction Complete ATTACHMENT 3 Completed Intersection and Crossings 7 College and Lake: • Left Turn Lane Improvements • 100% City Funded • Construction Complete Enhanced Pedestrian Crossings: • Laurel at Washington & Sherwood • 100% CSU Funded • Construction Complete Laurel Shields Lake Prospect College ATTACHMENT 3 Completed Pedestrian Improvements 8 Lake Street Sidewalks: • 100% CSU Funded • Construction Complete Except for Stadium Frontage Whitcomb Sidewalk: • 100% CSU Funded • Construction Complete Pitkin Sidewalk: • 100% CSU Funded • Construction Complete Laurel Shields Lake Prospect College Pitkin ATTACHMENT 3 Completed Parking Improvements 9 Surface and Garage Parking: • 100% CSU Funded • New Construction of South College Parking Garage (at Pitkin Street) and Vet Teaching Hospital Surface Lot • 450 New Spaces in Garage • 900 New Spaces in Surface Lot Laurel Shields Lake Prospect College ATTACHMENT 3 Projects Under Construction 10 College and Prospect Intersection: • City and CSU Funded • Turn Lane and Pedestrian Improvements • To be Complete early July, 2017 ATTACHMENT 3 Projects Under Construction 11 Elizabeth and Shields Intersection: • Underpass and Lane Improvements 100% CSU Funded • Intersection Signals and Pedestrian Signals City Funded • To be Complete mid August, 2017 ATTACHMENT 3 Projects in Design 12 Traffic Response Signal System: • To be Complete August, 2017 Signage Improvements: • Stadium Way Finding • To be Complete August, 2017 Lake and Center Intersection: • Multi-modal Improvements • To be Complete August, 2018 Laurel Shields Lake Prospect College Center ATTACHMENT 3 Infrastructure Projects Map 13 ATTACHMENT 3 -1- RESOLUTION 2017-047 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A FIRST ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY RELATED TO AN ON-CAMPUS STADIUM WHEREAS, the City and Colorado State University (CSU) are parties to an Intergovernmental Agreement dated April 13, 2015, regarding the impacts of the new on-campus stadium on the CSU campus and surrounding areas of the City (the “2015 IGA”); and WHEREAS, the 2015 IGA identified multiple areas where improvements to utility and transportation infrastructure would be desirable; and WHEREAS, since the fall of 2015, the City and CSU have worked together to identify in more detail what projects should be done, and responsibility for funding and completing those projects; and WHEREAS, the City and CSU have negotiated a First Addendum to the 2015 IGA that would update the details and costs of multiple projects, as well as identify CSU as being responsible for funding the operational costs of the Stadium Advisory Group (SAG); and WHEREAS, a copy of the proposed First Addendum is attached as Exhibit “A” and incorporated herein by reference; and WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, the Council finds it is in the best interests of the City and in furtherance of the objectives of the 2015 IGA to execute the First Addendum. 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 Mayor is hereby authorized to execute the First Addendum in substantially the form attached hereto as Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of May, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk 1 FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT RELATED TO AN ON-CAMPUS STADIUM THIS FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT (“First Addendum”), dated ______________, 2017, is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”), and THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY (“CSU”). The City and CSU are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. On April 13, 2015 the Parties entered into an Intergovernmental Agreement (“Agreement”) outlining steps the Parties agreed to take to mitigate impacts from the construction and operation CSU’s new on-campus stadium. B. In paragraph 1 of the Agreement the Parties agreed to review and update the Agreement as needed through the adoption of addenda. C. The Parties now wish to so update the Agreement by entering into this First Addendum. NOW, THEREFORE, in consideration of the commitments made in the Agreement and other good and valuable consideration, the Parties agree as follows: 1. Section 4.A. of the Agreement is hereby amended to read as follows: 4. Neighborhood Relationships. A. Stadium Advisory Group. CSU and the City have created a Stadium Advisory Group (“SAG” or “the Group”) to examine actual impacts and community interactions as the Stadium is put to use. The SAG shall be comprised of no fewer than nine persons, no fewer than six of whom shall be affiliated neither with the CSU organization nor the City organization, except that they shall be jointly appointed by the City Manager of the City and the President of CSU. Of said unaffiliated members, no fewer than two shall be members of the local business community. The City shall have no fewer than one representative, and CSU shall have no fewer than two representatives on the SAG. The Parties will cooperate in good faith to maintain the SAG, and any recommendations will be considered by both parties as future decisions related to the Stadium, its operations, and impacts, are made. The SAG will meet at least twice yearly, before and following the football season, to review and assess Stadium issues EXHIBIT A 2 impacting the local residents. CSU is responsible for operating the SAG and any costs associated therewith. 2. Sections 5.B, C and D of the Agreement are hereby amended to read in their entirety as follows: B. Utilities. CSU agrees that City-furnished utility service to the Stadium and any related improvements are subject to compliance with all terms and conditions for utility service, payment of all applicable rates, fees and charges, and construction of required infrastructure in accordance with applicable City standards and specifications. Based on the proposed design and service level for the Stadium as of the time of this Agreement, CSU understands that it will be required to fund or to construct the following improvements and any other utility improvements determined to be necessary for the construction and operation of the Stadium: (1) Waste Water a. Sanitary sewer installation by CSU under Whitcomb Street from Lake Street to Wallenberg Drive to provide capacity for the Stadium plus replacement of existing collection system under Whitcomb Street due to the congested right of way. Existing services and collection systems to the existing Whitcomb Street system shall be reconnected to the new sanitary sewer main, except those services which will be decommissioned with the demolition of eight houses on the east side of Whitcomb Street between Lake and Prospect as part of an adjacent project. b. CSU shall reimburse the City for a formal analysis of and final report describing the impacts of the on-campus stadium on the downstream Spring Creek sewer trunk system. This report identified a constrained segment of the Spring Creek sanitary sewer system crossing Timberline Road. c. The City shall manage design and construction services for the project. CSU shall reimburse the City for all costs associated with the design, alternative analysis, project management, construction, and associated services to address the cause of the flow constraint. d. Final reimbursement shall be based on actual costs. (2) Storm Water a. CSU will reroute the existing City storm main to avoid the new stadium footprint, such realignment to fall within the existing City storm easement to allow access by City workers. b. CSU will construct a new water quality outfall pond from the 42” University-owned pipe described above. 3 c. The City and CSU have agreed to the construction of a larger water quality pond that will benefit both entities. The City shall reimburse CSU for a portion of costs associated with the design, project management, construction, and associated services to complete the water quality facility, outfall, spillway, and landscape improvements. Total reimbursement shall be based on actual final costs and split based on flow contribution to the facility, with 52% of costs assigned to CSU and 48% of costs assigned to the City. d. CSU will institute storm water detention on the stadium site. Underground detention is an acceptable method. (3) Electrical Feed a. City will provide a new, second electrical feed into main campus from Laurel Street. CSU will pay the difference in costs for providing two circuits at the new Laurel Street location compared to providing two new circuits at the existing electrical feed location at Lake and Mason streets. (4) Natural Gas a. CSU shall be entirely and solely responsible for any natural gas-related infrastructure in cooperation with Public Service Company of Colorado (Xcel Energy). C. Transportation Improvements. CSU agrees to construct or to fund the following improvements to be completed, excepting circumstances beyond CSU’s control, prior to the first Major Event held at the Stadium: (1) Improvements at Prospect Road and Centre Avenue. CSU will construct or perform: a. Centre Avenue widening to accommodate a second left turn lane on both the northbound and southbound intersection approaches on game days, if needed. On non-game days the space may be used for full bike lanes on the north- and southbound approaches unless otherwise decided by the City. b. Underpass at Prospect Road for pedestrians and bicycles. Additional details regarding operation and maintenance of the underpass may be described in a separate written agreement to be negotiated between the parties and executed by the City Manager and University President. (2) Grade-Separated Pedestrian and Bike Crossing of Shields Street at West Elizabeth Street. 4 a. CSU will construct an underpass on the south side of West Elizabeth, which may include a prefabricated water-tight box structure, ADA compliant ramps, and terraced plantings. b. CSU will pay all property acquisition and construction costs for the underpass, including the cost of any relocation of existing utilities necessary to accommodate the underpass. c. The City will fund an upgraded bicycle/pedestrian crossing signal on West Elizabeth west of Shields Street estimated to be approximately $80,000. d. The City will pay all engineering department, right of way permit and inspection fees estimated to be approximately $50,000. e. Additional details regarding operation and maintenance of the underpass may be described in a separate written agreement to be negotiated between the parties and executed by the City Manager and University President. (3) At-Grade Improvements at Elizabeth Street and Shields Street. CSU will construct or perform: a. Lane improvements separating eastbound left turn lanes from the through lane, widening the westbound approach in the Moby Gym parking lot, and new striping and medians; b. Enhanced pedestrian plaza areas. The City will fund and construct necessary changes to the signal including new signal poles, cabinet relocation, other signal modifications and fiber communications estimated to be approximately $200,000. (4) Improvements to Prospect Road and College Avenue Intersection. a. The following improvements will be designed, funded and built by CSU as part of the approved plans for the CSU Medical Center project: i. Modification of southbound right turn lane from College Avenue onto Prospect Road; ii. Addition of a second eastbound left turn lane and median; iii. Relocation of traffic signal pole on the northwest corner of the intersection; iv. Bus stop on westbound Prospect including turn out lane; v. Construction of ten (10) foot wide detached sidewalks with landscaped parkway on the north side of Prospect Road between College Avenue and Mason Street and along College Avenue between Prospect and Lake where possible. 5 b. Any improvements not part of the CSU Medical Center project will be funded and constructed by the City unless otherwise agreed by the parties. (5) Improvements at College Avenue and Lake Street. The City will construct, at the City’s cost, the modification of left turn geometry on northbound College Avenue at Lake Street. (6) Improvements at Washington Street and Laurel Street. CSU will construct an enhanced pedestrian crossing on the east side of Washington Street to include a refuge median and pedestrian-activated rectangular rapid flashing beacon (RRFB). (7) Improvements at Sherwood Street and Laurel Street. CSU will construct an enhanced pedestrian crossing on the west side of Sherwood Street to include a Pedestrian Hybrid Beacon or HAWK (High-Intensity Activated Crosswalk) signal. (8) Bike and Pedestrian Improvements along Lake Street. a. City shall fund and perform the removal of parking between College and Whitcomb in order to maintain travel lanes and implement buffered bike lanes; b. CSU shall fund and perform sidewalk improvements including: i. A widened and ADA-compliant sidewalk on the south side of Lake Street between Shields Street and Whitcomb Street; ii. A mid-block crossing on the west end of Lake Street that will connect to ADA-compliant sidewalks; iii. A new pedestrian sidewalk on the south side of Lake Street crossing the railroad tracks to connect to the Mason Trail and the MAX bus line; iv. A new sidewalk on the south side of Lake Street between Mason and College; v. Further operational improvements to the intersection of Lake Street and Center Avenue; c. On-street parking, bike lanes, and travel lanes shall remain between Whitcomb Street and Shields Street. (9) Main Campus Pedestrian Improvements. a. Sidewalk improvements on Whitcomb Street between Prospect Road and Lake Street will include an eight (8) foot detached sidewalk to be connected with a six (6) foot sidewalk along Lake Street connecting to Aggie Village; b. Sidewalk improvements on Pitkin Street: 6 i. A new sidewalk on the south side of Pitkin Street at the railroad crossing to connect to the Mason Trail and MAX bus line; ii. A new six (6) foot detached sidewalk on the south side of Pitkin Street between Mason Street and College Avenue; iii. Improved roadway crossings of Pitkin at both Shields Street and College Avenue, pursuant to the Pitkin Low- Stress Bike Network, to be managed, funded, and constructed by the City. (10) CSU Parking Improvements (Independent of the Stadium) a. Continued operation of the main campus Lake Street parking garage; b. Completion of additional main campus parking garage (approximately 400 net new parking spaces); and c. Construction of an additional surface parking lot off of Research Boulevard (approximately 900 parking spaces), which will include a westbound right turn lane from Drake Road onto Research Boulevard. (11) Signage Improvements are anticipated to include: a. Wayfinding signage to new Stadium location; b. Wayfinding signage to new event parking; c. Signage in surrounding neighborhoods; and d. New trailblazing signage to Stadium from the interstate. (12) Traffic Responsive Signal System to support operational capabilities for Stadium events, to be designed after the operational plan is fully understood. (13) Alternative Transportation Support and Growth: a. Continued funding for Around the Horn and Main-to- Foothills campus shuttles. b. Employee and student access to MAX rapid transit service. D. Additional or Ongoing Study. CSU and the City recognize that several ideas and suggested efforts have been raised in early planning stages and remain under development. The Parties agree to meet in good faith to discuss any jointly identified needs and solutions as the evaluation process moves forward. The Parties reported on the progress of that evaluation six months after the execution of this Agreement as provided in Section 8(A). The Parties agree that ongoing efforts to evaluate and analyze the need for and feasibility of these improvements will continue to completion and that periodic reports on this ongoing work will be provided to the City Manager and the University President. Project responsibility will be based on specific technical analyses including generally accepted engineering standards which shall be completed as part of this 7 evaluation. The Parties are fully committed to implementing the following projects as soon as practicable: (1) Prospect Corridor Improvements. Improvements are outlined in West Central Area Plan (WCAP), but multi-modal improvements such as the multi-use path are most beneficial for the Stadium. CSU has incorporated WCAP guidelines in all new, current CSU developments adjacent to Prospect Rd. (2) Intersection Improvements. a. Lake Street and Centre Avenue intersection will be evaluated to consider vehicular, bike, and pedestrian volumes for potential intersection signalization. 3. The Agreement remains in full force and effect except as modified by this First Addendum. 8 THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: By: Wade O. Troxell, Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY Date: ___________________ By: ________________________________ Tony Frank, President Legal Review: Date: ________________________ By: ____________________________ Jason L. Johnson General Counsel Colorado State University System