HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 03/19/2024City of Fort Collins Page 1 of 11 City Council Summary Agenda
City Council
Regular Meeting Agenda
March 19, 2024 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Heather Walls
City Attorney City Manager Interim City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring March 2024 as Fix a Leak Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS – None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
Page 1
City of Fort Collins Page 2 of 11
• Each speaker will be allowed to speak one time during public comment. If a speaker comments
on a particular agenda item during general public comment, that speaker will not also be entitled
to speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any wr itten
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain
and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the February 6, 2024 and February 20, 2024
Regular Meetings.
The purpose of this item is to approve the minutes of the February 6, 2024 and February 20, 2024
regular meetings.
2. Second Reading of Ordinance No. 032, 2024, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on February 20, 2024, appropriates
$18,025.20 in philanthropic revenue received through City Give. These miscellaneous gifts to
various City departments support a variety of programs and services and are aligned with both
Page 2
City of Fort Collins Page 3 of 11
the City’s strategic priorities and the respective donors’ designation. In 2019, City Give, a
formalized enterprise-wide initiative was launched to create a transparent, non-partisan
governance structure for the acceptance and appropriations of charitable gifts.
3. Second Reading of Ordinance No. 033, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for the Future Design and Construction of the Fossil Creek Trail
Spur.
This Ordinance, unanimously adopted on First Reading on February 20, 2024, appropriates
partial funding for the future construction of the Fossil Creek Trail spur. This revenue is
contributed from the developer. This trail spur is identified in the South College Corridor Subarea
Plan as “City built and maintained.” The easement for the future trail spur was secured during the
development review process of the Fort Collins Nissan-Kia project. Per the South College Avenue
Access Control Plan, this trail is of regional significance and the Developer agreed to contribute
their proportional share of the public access trail project in the amount of $35,000. The Developer
was required to provide the funds prior to issuance of the project’s first building permit. The design
and construction date of the future trail spur at this time is unknown.
4. Second Reading of Ordinance No. 034, 2024, Authorizing Transfers of Appropriations for
the Xeriscape Incentive Program.
This Ordinance, unanimously adopted on First Reading on February 20, 2024, supports
businesses, homeowner associations (“HOAs”) and other commercial properties pursuing costly
landscape projects that reduce water use long-term through the Xeriscape Incentive Program by
utilizing $75,104 in existing 2024 appropriations to fund the City’s match requirement under this
grant project.
5. Second Reading of Ordinance No. 035, 2024, Authorizing the Release of Restrictive
Covenants on Property at 2850 Sykes Drive, Developed by Fort Collins Habitat for
Humanity.
This Ordinance, unanimously adopted on First Reading on February 20, 2024, authorizes the
termination of the HOME Investment Partnership Funding Development Contract with Fort Collins
Habitat for Humanity (Habitat) and release the Agreement of Restrictive Covenants Affecting Real
Property on the single-family home located at 2850 Sykes Drive. Termination of the contract and
release of the Agreement of Restrictive Covenants is required for Fort Collins Habitat for Humanity
to move forward with the sale of the home to the buyer.
6. Second Reading of Ordinance No. 036, 2024, Approving the Vacation of a Portion of Two
Easements Originally Dedicated in that Certain Replat of Coachlight Plaza PUD.
This Ordinance, unanimously adopted on First Reading on February 20, 2024, approves the
vacation of a 1,077 square foot portion of two easements (8’ Electrical Easement and an 8’
Telephone Easement) (the “Easements”) that are no longer required by the City because they are
currently located beneath a newly constructed building envelope.
7. Second Reading of Ordinance No. 037, 2024, Authorizing the Conveyance to N College
1311, LLC, of a Portion of the City Property Designated as the Future Hickory Detention
Pond in Exchange for Adjoining Property and Other Valuable Consideration.
This Ordinance, unanimously adopted on First Reading on February 20, 2024, permits the
conveyance of approximately 1.31 acres (57,064 sf) of City property (the “Conveyed Parcel”) to
N College 1311, LLC, (“Owner”), as well as a possible temporary construction easement or
license to enter, and acceptance of Natural Habitat Buffer Zone on City property, in exchange for
Page 3
City of Fort Collins Page 4 of 11
approximately 2.43 acres (105,723 sf) of Owner’s adjoining property (the “Received Parcel”) and
other valuable consideration.
8. Items Relating to the Laporte Avenue Multimodal Improvement Project.
A. Resolution 2024-025 Authorizing an Amendment to an Existing Intergovernmental Agreement
between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for
the Laporte Avenue Multimodal Improvement Project.
B. First Reading of Ordinance No. 038, 2024, Making Supplemental Appropriations, Appropriating
Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte Avenue
Multimodal Improvement Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend Colorado Department of
Transportation (CDOT) funds for the Laporte Avenue Multimodal Improvement Project (Laporte
Project). The funds will be used for construction of improvements along Laporte Ave from
Fishback Avenue to Sunset Street. If approved this item will: 1) authorize the Mayor to execute
an amendment to the Intergovernmental Agreement (IGA) for the Laporte Project with CDOT; 2)
appropriate $2,500,000 of Transportation Alternative grant funds for the Laporte Project; 3) use
$122,727 from the Bicycle Infrastructure Improvements Community Capital Improvement
Program (CCIP Bike Program) as part of the local match; 4) use $102,273 from the Pedestrian
Infrastructure Improvements Community Capital Improvement Program (CCIP Pedestrian
Program) as part of the local match; 5) appropriate as part of the local match contribution
$223,425 from the Transportation Capital Expansion Fee Reserves (TCEF); 6) appropriate as
part of the local match contribution $222,750 from General Fund Reserves; 7) appropriate $1,755
(0.78% of the TCEF amount of the 1% contribution for the artwork portion of APP) fr om TCEF
Reserves to the Art in Public Places Program; 8) appropriate $495 (0.22% of the TCEF amount
of the 1% contribution to APP) from the Transportation Fund Reserves to the Art in Public Places
Program; 9) appropriate $2,250 (1% of the General Fund amount) from the General Fund to the
Art in Public Places Program.
9. Items Relating to a State Grant for Clean Energy Vehicles.
A. First Reading of Ordinance No. 040, 2024, Making a Supplemental Appropriation in the
General Fund of Grant Funds from the Colorado Department of Public Health and Environment
and Appropriating Prior Year Reserves in the Water Fund to Support Transitioning City Fossil
Fuel Vehicles to Clean Energy Vehicles.
B. Resolution 2024-027 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the Colorado Department of Public Health and Environment for the
Receipt of Grant Proceeds for Clean Energy Vehicles.
The purpose of these items is to support the City of Fort Collins (City) in transitioning fossil fuel
vehicles to clean energy vehicles as a measure of reducing greenhouse gas emissions to achieve
maximum air quality benefits for the people of Fort Collins and Colorado.
The City was awarded $910,000 from the State’s Clean Fleet Vehicle and Technology (CFVT)
grant program in support of the City purchasing clean energy vehicles that align with vehicles
approved through the State’s CFVT grant program. The awarded funds will support purchase of
approved vehicles, with the City contributing the remaining needed funds. Based on needs of City
departments, Operation Services and departments within City Utilities will be funding the
additional funds needed for purchase of approved vehicles.
Page 4
City of Fort Collins Page 5 of 11
Approval of these items would support the City in transitioning fossil fuel fleet vehicles to clean
energy by:
● Authorizing the Mayor, by Resolution, to execute an Intergovernmental Agreement (IGA) with
the State of Colorado for purchase of approved clean energy fleet vehicles;
● Appropriating $910,000 of unanticipated grant revenue from the State of Colorado’s CFVT grant
program; and
● Appropriating $96,504 from Water Fund reserves.
10. Items Relating to the Power Trail and Harmony Grade Separated Crossing Project.
A. Resolution 2024-028 Authorizing an Intergovernmental Agreement Between the City of Fort
Collins, Colorado, and the Colorado Department of Transportation for the Power Trail and
Harmony Grade Separated Crossing Project.
B. First Reading of Ordinance No. 041, 2024, Making Supplemental Appropriations in the Capital
Projects Fund of Colorado Department of Transportation Alternative Program Grant Funds and
the Congestion Mitigation and Air Quality Grant Funds, for the Power Trail and Harmony Grade
Separated Crossing Project.
The purpose of this item is to enable the City to receive and expend federal pass-thru funds for
the Power Trail and Harmony Grade Separated Crossing Project (the Project). The funds will be
used for construction of a pedestrian and bicycle underpass located approximately 500 feet west
of the intersection of Harmony Road and Union Pacific Railroad. If approved this item will:
Authorize the Mayor to execute an Intergovernmental Agreement (IGA) for the Project with the
Colorado Department of Transportation (CDOT);
Appropriate $800,000 of unanticipated Transportation Alternative Program (TAP) grant funds for
the Project; and
Appropriate $2,700,000 of Congestion Mitigation and Air Quality (CMAQ) grant funds for the
Project.
Previously appropriated funds will be used for local match requirements.
11. First Reading of Ordinance No. 042, 2024, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities, Tourism Programming, and
Convention and Visitor Program Services.
The purpose of this item is to appropriate $560,178, of which $392,125 is proposed for Convention
and Visitors Bureau, $140,044 is proposed for Cultural Development and Programming Activities
(Fort Fund), and $28,009 is proposed for Tourism Programming (Fort Fund) all from unanticipated
2023 Lodging Tax revenue collections.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities. Anticipated revenue is projected through each Budgeting for
Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections.
For 2023, total Lodging tax revenues collected came in $560,178 above projected collections.
12. First Reading of Ordinance No. 043, 2024, Appropriating Prior Years Reserves Received in
the General Fund By City Give for Fort Collins Police Services for the 2024 Police Leaders’
Summit.
The purpose of this item is to request appropriation of $30,000 in philanthropic revenue received
Page 5
City of Fort Collins Page 6 of 11
by City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit as designated
by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
13. First Reading of Ordinance No. 044, 2024, Appropriating Prior Year Reserves Received By
City Give for Fort Collins Police Services for the Safe Futures Initiative.
The purpose of this item is to request appropriation of $80,000.00 in philanthropic revenue
received by City Give for Fort Collins Police Services for the Safe Futures initiative.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
14. First Reading of Ordinance No. 045, 2024, Making a Supplemental Appropriation in the
General Fund of the Internet Crimes Against Children Grant in Support of Fort Collins
Police Services Cyber Crimes Unit.
The purpose of this item is to support the Fort Collins Police Services’ Cyber Crimes Unit by
appropriating $6,585 of unanticipated grant revenue awarded by the Colorado Springs Police
Department.
15. First Reading of Ordinance No. 046, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify Terminology Regarding Control Valves and Water Service and Fire
Lines.
The purpose of this item is to clarify and make consistent certain terminology in City Code. This
item will remove “curb stop” from City Code, to be replaced by “control valve.” Replacement of
this terminology removes any potential assumption that a water control valve on a service or fire
line must have proximity to a street or sidewalk curb to define ownership of the valve and of the
line extending from the valve.
16. First Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery Charges
for Use of Water Available Under Fort Collins Utilities’ Raw Water Interests for 2024
Through March 2027.
The purpose of this item is to obtain Council approval for the proposed formulas for calculating
rental rates and delivery charges for Fort Collins Utilities’ (Utilities) raw water supplies for the next
three years, including proposed rental rates and delivery charges for fully consumable water. The
rates and charges would be effective through March 2027. Setting the rates and charges via
formula ensures Utilities can recoup the ownership and administrative costs for rented supplies
and provides planning certainty for the agricultural rental community.
Proposed formulas for most supply sources remain consistent with those from the previous rental
rate and delivery charge ordinance (Ordinance No. 038, 2021). Staff is recommending an
increase in the rental rate and delivery charge for fully consumable water to be in line with market
conditions for this type of water. In addition, staff is recommending the rental rate for Water Supply
and Storage Company supplies to be 130% of assessment versus the prior rate of assessment
plus a flat administration fee. These are the only changes to rental rates and delivery charge
methods.
Page 6
City of Fort Collins Page 7 of 11
17. Items Relating to Water Service for the Northern Colorado Regional Airport’s New
Terminal.
A. Resolution 2024-029 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, the City of Loveland and the Fort Collins-Loveland Water District for the
Purchase of a Water Tap for the New Terminal at the Northern Colorado Regional Airport.
B. First Reading of Ordinance No. 048, 2024 Authorizing the Conveyance of a Permanent Non -
Exclusive Domestic Waterline Easement on Property Jointly Owned by the City of Fort Collins
and the City of Loveland at the Northern Colorado Regional Airport for the New Airport Terminal
Facility.
The purpose of Resolution A is to authorize the City Manager to execute an intergovernmental
agreement for the purchase of a water tap from the Fort Collins-Loveland Water District for water
service at the Airport’s new terminal. Ordinance B would authorize a conveyance of an easement
to the water district to allow for a water service line for the terminal. The easement is over a portion
of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort
Collins and the City of Loveland.
18. Resolution 2024-030 Adopting the City of Fort Collins 2024 Strategic Plan.
The purpose of this item is to formally adopt the 2024 Strategic Plan. The adopted plan will guide
the 2025-2026 Budgeting for Outcomes process. All adopted Council Priorities have been
included in the 2024 Strategic Plan.
19. Resolution 2024-031 Authorizing the City Manager to Execute an Agreement Between the
City of Fort Collins and the State of Colorado Regarding Implementation of Portions of the
Fish and Wildlife Mitigation and Enhancement Plan for the Halligan Wat er Supply Project
(Cheat Grass and Big Horn Sheep Collaring).
The purpose of this item is to seek Council approval of a proposed agreement (“Agreement”)
between the City and the State of Colorado acting through Colorado Parks and Wildlife (“CPW”)
regarding certain aspects of the Halligan Water Supply Project (“Halligan Project”). The purpose
of this Agreement is to implement Section 4.2.3.18 (Bighorn Sheep Habitat Improvements) and
Section 4.2.3.19 (Bighorn Sheep Collaring Study) of the Halligan Project’s Fish and Wildlife
Mitigation and Enhancement Plan (“Mitigation Plan”), under which 1) the City intends to transfer
funds to CPW; and 2) habitat treatments and bighorn sheep monitoring are to be started at least
two years in advance of construction. Based on the City’s expected construction schedule, the
Parties desire to begin implementing those Mitigation Plan sections early in 2024 before a full
agreement related to the Mitigation Plan is expected to be completed.
CPW will use the funds for chemical treatment to abate invasive cheat grass. CPW will use its
best efforts to treat a minimum of at least 500 acres with a focus on the Lower Unit of the State
Wildlife Area. CPW may additionally use the funds for the installation of up to two remote passive
water sources on the State Wildlife Area. Any funds not needed for the cheat grass treatment or
the water sources installation may be used by CPW for habitat treatment on additional acreages
within the State Wildlife Area.
CPW will also use the funds for the purpose of supporting a GPS (global positioning system)
collaring and monitoring study of bighorn sheep from the Lone Pine herd that will include tracking
their movements and habitat use, and conducting disease testing, before, during, and immediately
after Halligan Project construction.
Page 7
City of Fort Collins Page 8 of 11
20. Items Relating to Appointments to Various Boards and Commissions.
A. Resolution 2024-032 Making Appointments to the Active Modes Advisory Board.
B. Resolution 2024-033 Making Appointments to the Affordable Housing Board.
C. Resolution 2024-034 Making Appointments to the Air Quality Advisory Board.
D. Resolution 2024-035 Making Appointments to the Art in Public Places Board.
E. Resolution 2024-036 Making Appointments to the Building Review Commission.
F. Resolution 2024-037 Making Appointments to the Citizen Review Board.
G. Resolution 2024-038 Making an Appointment to the Cultural Resources Board.
H. Resolution 2024-039 Making Appointments to the Disability Advisory Board.
I. Resolution 2024-040 Making Appointments to the Economic Advisory Board.
J. Resolution 2024-041 Making Appointments to the Energy Board.
K. Resolution 2024-042 Making an Appointment to the General Employees Retirement
Committee.
L. Resolution 2024-043 Making Appointments to the Human Relations Commission.
M. Resolution 2024-044 Making Appointments to the Human Services and Housing Funding
Board.
N. Resolution 2024-045 Making Appointments to the Land Conservation and Stewardship Board.
O. Resolution 2024-046 Making Appointments to the Natural Resources Advisory Board.
P. Resolution 2024-047 Making Appointments to the Parks and Recreation Board.
Q. Resolution 2024-048 Making Appointments to the Senior Advisory Board.
R. Resolution 2024-049 Making Appointments to the Transportation Board.
S. Resolution 2024-050 Making Appointments to the Water Commission.
T. Resolution 2024-051 Making Appointments to the Women and Gender Equity Advisory Board.
U. Resolution 2024-052 Making Appointments to the Youth Advisory Board.
The purpose of this item is to fill vacancies on various Boards and Commissions.
In 2023, the City Council adopted a Code of Conduct and updated Boards and Commissions
Policy, along with other policies and procedures that apply to service on City boards and
commissions. Each board and commission appointee is required to acknowledge and accept
these requirements in order to take appointed office. Each Resolution provides that no person
appointed may take office until they have completed the required acknowledgement and
acceptance of the Code of Conduct and the applicable laws and policies that govern service on
City of Fort Collins boards and commissions.
Page 8
City of Fort Collins Page 9 of 11
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
21. Strauss Lakes Metropolitan Districts Conceptual Review Hearing.
The purpose of this item is to conduct a Conceptual Review Hearing pursuant to the City Policy
for Reviewing Service Plans for Metropolitan Districts (Metro District Policy) to allow Council and
members of the public to provide preliminary comments in response to an applicant’s Letter of
Interest so that the applicant may better determine whether or not to submit a formal application
and what a formal application should include.
Metropolitan Districts (Metro Districts) must provide exceptional public benefits in a variety of
categories to gain Council approval. Staff evaluates the Metro Districts’ proposed public benefits
guided by the current 2021 Council-approved Metro District Policy, which includes a score card
related to housing and residential development. The City’s Metro District Policy requires this
Conceptual Review Hearing with Council to give the applicant the opportunity to present its
proposal and to seek feedback from Councilmembers and the public about the proposed Metro
Districts, which the applicant may use to determine whether to submit a formal application.
Hearing Process Overview
The process for reviewing and considering approval of Metro Districts generally proceeds as
follows:
1. Applicant submits Letter of Interest
Page 9
City of Fort Collins Page 10 of 11
2. Staff reviews Letter of Interest and provides an informal, non-binding response
3. Council Conceptual Review is conducted, where Council considers and discusses the public
benefits proposed in the Letter of Interest
4. If Applicant decides to proceed, Applicant submits formal application for Metro District(s) along
with Service Plan
5. Staff reviews application and Service Plan
6. Council Finance Committee reviews submittal and provides feedback to applicant
7. Council considers application and Service Plan at a public hearing
As stated in the Metro District Policy, if it so chooses to do so, Council may consider a motion at
the conclusion of the hearing to express its opinion whether the service plan of the Strauss Lakes
Metro Districts, as proposed, should be brought forward to Council for its formal consideration.
That motion may also include any recommendations Council may have concerning what should
or should not be included in the applicant’s formal application. However, the Policy also clearly
states that any such motion adopted and any comments, suggestions, or recommendations made
by any Councilmember concerning the proposal will not bind or otherwise obligate any
Councilmember or other City decision maker to any course of conduct or decision in any
subsequent formal application under the Policy. Sample motions are provided below.
It should be noted that the Council is not required to adopt a motion related to the Metro
Districts, and the Conceptual Review Hearing is meant solely for Councilmembers to
provide feedback on the proposed Metro Districts and is not meant for the Council to
comment on, or make specific recommendation regarding, any development aspects that
may later come to Council for review and decision-making.
Strauss Lakes is a proposed mixed-use development at the northeast corner of Horsetooth Road
and Ziegler Road proposed by Cottonwood Land and Farms, LLC (“Cottonwood”). On February
5, 2024, Cottonwood submitted a revised Letter of Interest outlining the public benefits to be
provided by the proposed Strauss Lakes Metropolitan Districts, pursuant to the City’s Metro
District Policy. Staff finds the applicant’s proposed public benefits generally conform with the
requirements of the Metro District Policy, however, all elements of the proposed public benefits
will require additional analysis by staff to confirm they meet the requirements of the Metro District
Policy. Staff will provide a final assessment and recommendation on the Strauss Lakes Districts
upon formal submittal.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
Page 10
City of Fort Collins Page 11 of 11
Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
Page 11
PROCLAMATION
WHEREAS, the citizens of Fort Collins strive to practice water conservation in their
homes and at work; and
WHEREAS, Fort Collins Utilities offers a variety of water conservation programs,
services and educational tools for adults and youth; and
WHEREAS, the average home may waste an average of 70 gallons per hour of water every
year due to running toilets, dripping faucets and other leaks if not regularly maintained; and
WHEREAS, Fix a Leak Week, through the Environmental Protection Agency’s
WaterSense program, encourages Americans to check their household fixtures for any leaks and
repair them; and
WHEREAS, Fort Collins Utilities is a WaterSense partner and has developed and
maintained the Water Efficiency Plan; and
WHEREAS, water efficiency, customer service, environmental protection, economic
development, and safety awareness are priorities for the community.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the month of March 2024, as
FIX A LEAK MONTH
in Fort Collins to urge citizens to find and fix leaks and use water efficiently.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 19th day of March, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Page 12
Item PP 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Heather Walls, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 6, 2024 and February 20, 2024 Regular
Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the February 6, 2024 and February 20, 2024 regular
meetings.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, February 6, 2024
2. Draft Minutes, February 20, 2024
Page 13
Item 1.
City of Fort Collins Page 292 City Council Proceedings
February 6, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
None scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
ABSENT
Councilmember Julie Pignataro
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Interim City Clerk Heather Walls
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including the following discussion
items:
Item 29 – Making Appoints to Boards and Commissions Liaison and Council Committee
Appointments.
Item 30 – Appeal of the Planning and Zoning Commission decision approving the Polestar
Development
Page 14
Item 1.
City of Fort Collins Page 293 City Council Proceedings
F) COMMUNITY REPORTS
None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Hania Sakkal, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza. Sakkal listed local organizations which support the resolution.
Sue Ellen Klein, urged Council to adopt a resolution in support of a ceasefire in Gaza and stated the
issue is humanity. Klein stated to be silent is to be complicit and Fort Collins leadership needs to be
courageous and bold.
Aaron D. Lerner, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza stating the number of people killed thus far is equivalent to 52% of the residents of Fort Collins.
Alex Scott, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza
stating it is a local issue as Woodward manufactures components used in the munitions being sent to
Israel. Additionally, Scott noted Council has previously adopted resolutions concerning world and
national issues.
Dr. Watson Saltis, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire
in Gaza stating the occurrences in Gaza are equivalent to genocide.
Madeline Grigg, Fort Collins resident and teacher, urged Council to adopt a resolution in support of a
ceasefire in Gaza and cited statistics indicating an average daily death count of 250.
Ash W., Fort Collins high school senior, discussed lessons about negative events in history that occur
to ensure they do not occur again. Ash urged Council to adopt a resolution in support of a ceasefire
in Gaza.
Isabella Zapata, Fort Collins residents, urged Council to adopt a resolution in support of a ceasefire
in Gaza stating we cannot stand for genocide.
G Inguata, Fort Collins resident, opposed shutting down the shelter at the Mennonite Church and
urged Council to adopt a resolution in support of a ceasefire in Gaza.
Christinia Eala, Fort Collins resident, stated historical trauma will weigh on all of us and urged Council
to adopt a resolution in support of a ceasefire in Gaza and opposed shutting down the shelter at the
Mennonite Church.
Dory LeCount, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza.
Hayley Lucci-Rimer, urged Council to adopt a resolution in support of a ceasefire in Gaza and provided
statistics linking Fort Collins to the conflict. Lucci-Rimer stated the war violates international
humanitarian law.
Janie Stein, Fort Collins resident, expressed gratitude for the other speakers and urged Council to
adopt a resolution in support of a ceasefire in Gaza.
Victoria Zawitkowski, Fort Collins resident, spoke of the atrocities of the Holocaust and urged Council
to adopt a resolution in support of a ceasefire in Gaza. Zawitkowski noted Council adopted several
previous resolutions related to national events and stated our city’s taxes pay more than $2 million
toward Israel’s weapons.
Page 15
Item 1.
City of Fort Collins Page 294 City Council Proceedings
William Timpson, Fort Collins resident, stated violence needs to be ceased and provided examples of
wars that ended in ceasefire.
President of the Islamic Center of Fort Collins, spoke in support of a ceasefire to spare lives of innocent
children and urged Council to adopt a resolution in support of a ceasefire in Gaza.
Kevin Cross, Northern Colorado Alliance for a Livable Future, expressed horror regarding the Israeli
government’s response to the Hamas attacks and urged Council to adopt a resolution in support of a
ceasefire in Gaza to end the genocide that is occurring.
Jonah Salehi, Chair of the Labor Committee for DSA Fort Collins, urged Council to adopt a resolution
in support of a ceasefire in Gaza.
Ashton Schmidke, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire
in Gaza citing Woodward’s manufacturing of Israeli weapons and local tax dollars going to Israel.
Elizabeth Lucci-Rimer, Fort Collins resident, urged Council to adopt a resolution in support of a
ceasefire in Gaza and commented on parents and children living through the atrocities.
Beth (no last name given), Fort Collins resident, speaking for a friend, spoke of the horror of children
being fallout of political disagreement.
Jessica Olson, Fort Collins resident and CSU student, urged Council to adopt a resolution in support
of a ceasefire in Gaza stating we should be proud of our community and we should speak for the
people who cannot speak for themselves.
Nika Linn, Fort Collins resident, read a letter from a former Fort Collins resident who is currently in the
occupied West Bank discussing the atrocities of the ongoing genocide of the Palestinian people. The
letter also urged Council to adopt a resolution in support of a ceasefire in Gaza.
Victoria Tochtrop, Fort Collins resident and CSU student, urged Council to adopt a resolution in
support of a ceasefire in Gaza and discussed the ethnic cleansing of the Armenian people.
Crystin Hypnar, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza and stated not all Jews support Israel.
Quinn Miller, Fort Collins resident, stated a child is killed in Gaza every 5 minutes. Miller urged Council
to adopt a resolution in support of a ceasefire in Gaza and commented on Council’s previous adoption
of resolutions related to national issues.
Joshua Keen, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza stating Fort Collins should stand for peace and the genocide needs to cease.
Blaine Crowe, Fort Collins resident, played video of names the Palestinian children that have been
killed thus far and noted Council adopted a ceasefire resolution for Ukraine.
Claire Kopp, Fort Collins resident, stated we need to acknowledge that our land was taken by force
and expressed heartbreak over the suffering and genocide in Gaza. Kopp stated the Israeli
occupation needs to stop now and urged Council to divest from connections with companies that
support the occupation.
Kimberly Baker Medina, Fort Collins resident, urged Council to adopt a resolution in support of a
ceasefire in Gaza stating it is anti-violence, anti-war, and anti-genocide, not anti-Semitic.
Dana Guber, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza stating her family fled the Holocaust.
Page 16
Item 1.
City of Fort Collins Page 295 City Council Proceedings
Brett Pavel, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza.
Shaylee Jennings, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire
in Gaza stating watching the news and images of the injured and dead is horrifying.
Nura Elmagbari, Fort Collins, urged Council to adopt a resolution in support of a ceasefire in Gaza as
a plea for humanity.
J Brown, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza
and opposed the planned eviction of the unhoused from the Mennonite Church in June.
Connor Flynn, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza.
Sabrina (no last name given), urged Council to adopt a resolution in support of a ceasefire in Gaza
and spoke about Fort Collins’ direct role in the war.
Quinn Mitchell, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza and shared a video regarding children killed in Gaza.
Rorey King, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza.
Esme Holden, Fort Collins resident, opposed the proposed eviction of unhoused individuals from the
Mennonite Church and opposed the sweeping of homeless encampments without warning.
Jase Peter, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza.
Zoe R., Fort Collins resident and Jewish community member, urged Council to adopt a resolution in
support of a ceasefire in Gaza.
Kimberly Connor, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire
in Gaza and stated local tax dollars are going directly to fund the Israeli military. Connor noted the
resolution also calls for the release of Israeli hostages.
Trevor Rothanzl, Fort Collins resident, urged Council to adopt a resolution in support of a permanent
ceasefire in Gaza and relayed experiences of relatives.
Steve Ramer, Fort Collins Mennonite Fellowship pastor and Fort Collins resident, urged Council to
adopt a resolution in support of a ceasefire in Gaza.
Ally Eden, Fort Collins resident and granddaughter of a Holocaust survivor, stated her brother lives in
the West Bank. She stated that while she realizes Fort Collins has no jurisdiction over the federal
government, there is power in voices and adopting a resolution in support of a ceasefire in Gaza will
amplify those voices.
Giselle Hirschfeld, descendent of a Holocaust victim, spoke of ancestral trauma and urged Council to
adopt a resolution in support of a ceasefire in Gaza.
Michael May, co-chair of CSU’s YDSA, stated over 70 cities have called for ceasefire resolution and
urged Council to adopt a resolution in support of a ceasefire in Gaza. May noted 70% of the housing
in Gaza has been destroyed.
Kaori Keyser, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza.
Page 17
Item 1.
City of Fort Collins Page 296 City Council Proceedings
Nancy York, Fort Collins native, spoke of the control Israel has over Gaza and stated the current
situation is a clear case of genocide. York urged Council to adopt a resolution in support of a ceasefire
in Gaza.
August-Carter Nelson, Fort Collins resident and co-chair of the Fort Collins DSA, urged Council to
adopt a resolution in support of a ceasefire in Gaza and spoke of the Palestinian experience in
America.
Grace Hudgens, Fort Collins resident, spoke of feeling hopeful that a difference can be made and
urged Council to adopt a resolution in support of a ceasefire in Gaza.
Jo Carroll, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza.
Linda Breen, Larimer County resident, stated we should all have the courage to stand against
genocide. Breen urged Council to adopt a resolution in support of a ceasefire in Gaza.
Stefanie Berganini, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire
in Gaza stating the United States is willfully enabling genocide to happen. Berganini stated all elected
officials have a moral responsibility to act.
Louisa Kimmell, Fort Collins resident and Jewish American, urged Council to adopt a resolution in
support of a ceasefire in Gaza.
Hannah Spring, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza noting some of the technology being used by Israel is directly tied to Fort Collins corporations.
Lindsey Garchar, Fort Collins resident, stated we are privileged that we can choose whether to engage
in the images of the war and expressed horror that our residents contribute nearly $2.5 million in
federal taxes to Israel’s weapons and that Fort Collins’ corporations make Israel’s genocide possible.
Garchar also opposed the eviction of those housed at the Mennonite Church.
Sam Seiniger, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza.
Greg Zoda, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in Gaza
stating a ceasefire confirms that all people have equal worth.
Cheryl Distaso, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza stating the testimony that has occurred this evening should compel that action. Distaso stated
this is a matter of stepping up in leadership positions to do anything possible to stop an unfolding
genocide and to act with humanity.
Ashley Garchar’s sister, Fort Collins resident, read a written statement from Garchar urging Council
to adopt a resolution in support of a ceasefire in Gaza.
Shiloh Kenway, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza and stated this is a local issue.
Rich Stave, Fort Collins resident, questioned the transparency and fairness of referees per Item No.
19, First Reading of Ordinance No. 019, 2024, Amending Article III of Chapter 19 of the Code of the
City of Fort Collins Regarding Municipal Court Referees, and questioned how the public provides
input.
Ruth Inglis-Widrick, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire
in Gaza and spoke of being assaulted by an individual who had been abused by his parents. Inglis-
Widrick expressed concern about the effect of war on the children in Gaza.
Page 18
Item 1.
City of Fort Collins Page 297 City Council Proceedings
Anne Hudgens, Fort Collins resident, stated governments are often on the wrong side of history.
Hudgens commented on reading about the Holocaust as a child and questioning how people could
stand by and not act.
Renae Mart, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza.
Terry Iverson, CSU professor and Fort Collins resident, commented on visiting Gaza and on the
hospitality of the Palestinian people. Iverson urged Council to adopt a resolution in support of a
ceasefire in Gaza.
Sabrina Herrick, Fort Collins resident, discussed the sweep of a homeless encampment outside the
Murphy Center in December of 2022 and opposed the eviction of individuals from the Mennonite
Church.
Christina Swope, Fort Collins resident, stated she is tired of feeling powerless knowing tax dollars are
funding the crimes in Gaza. She stated a ceasefire resolution speaks to the intent of most Fort Collins
residents.
Oliver Vollmer, Fort Collins resident, urged Council to adopt a resolution in support of a ceasefire in
Gaza.
Joe Kissell, Fort Collins resident, thanked Council for their work and urged Council to adopt a
resolution in support of a ceasefire in Gaza noting not one person opposed the resolution tonight.
Public comment concluded at 8:04 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson thanked the speakers and stated Fort Collins has a long history of taking
stands on national and global issues. He commented on other resolutions adopted by Council,
including one in opposition to apartheid in South Africa and one opposed to the placement of MX
missiles in Wyoming, among others. He stated there is nothing legally stopping the Council from
taking a stand and stated he would support passing a resolution calling for an immediate and
permanent ceasefire in Gaza. He encouraged Council to take the action as soon as possible.
Mayor Pro Tem Francis thanked the speakers and noted the Human Relations Commission is
considering this item on Thursday. She recommended letting the Commission do its work and make
a recommendation to Council.
Mayor Pro Tem Francis requested an update on the temporary certificate of occupancy at the
Mennonite Church. Marcus Coldiron, Chief Building Official, stated Council approved an emergency
ordinance allowing facilities to act as community-based shelters during the Covid pandemic and that
ordinance ended on October 16, 2022; however, it was determined the use of community-based
shelters would be an important resource to maintain, therefore a building permit process was created
to continue temporary use of facilities to act as shelters. Since that time, staff has determined the
process would be clearer if it were codified; therefore, in the interim, the determination has been made
to allow continued use under the temporary use provisions of the Building Code for these facilities to
act as community-based shelters in 2024. Coldiron discussed the Building Code requirements that
would typically be necessary for overnight uses.
Councilmember Potyondy thanked the speakers and expressed support for the Human Relations
Commission providing a recommendation on the ceasefire resolution.
Councilmember Canonico also thanked the speakers and expressed support for the Human Relations
Commission providing a recommendation on the ceasefire resolution.
Page 19
Item 1.
City of Fort Collins Page 298 City Council Proceedings
Clerk’s Note: Mayor Arndt called for a break at 8:12 p.m. The meeting resumed at 8:30 p.m.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Mayor Pro Tem Francis withdrew Item No. 15, First Reading of Ordinance No. 015, 2024,
Appropriating Philanthropic Revenue Received Through City Give for Park Planning and Development
to Fund Pickleball Site Feasibility and Community Engagement, from the Consent Agenda.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the January 16, 2024 Regular Meeting.
The purpose of this item is to approve the minutes of the January 16, 2024 regular meeting.
Approved.
2. Second Reading of Ordinance No. 001, 2024, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waterfield
Fourth Filing Developer for Construction of Suniga Road, Vine Drive, and Merganser Street
Improvements as Part of Waterfield Fourth Filing Phases 1 through 4; and for the
Dedication of Suniga Road Right-of-Way.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, appropriates
$1,413,645 of Transportation Capital Expansion Fee (TCEF) Funds for expenditure from the
Transportation Capital Expansion Fee Program Budget to reimburse the Waterfield Fourth Filing
developer, DFC Waterfield, LLC (Developer), for its oversizing construction of Suniga Road, Vine
Drive, and Merganser Drive. As part of Phases 1 through 4 of the Waterfield Fourth Filing, the
Developer has constructed Suniga Road as a four-lane arterial, Vine Drive as a collector, and
Merganser Drive to City standards as part of its development requirements. Per Section 24-112
of the City Code, the Developer is eligible for reimbursement from TCEF funds for the oversized,
non-local portion of Suniga Road, Vine Drive, and Merganser Drive not attributed to the local
portion obligation. Additionally, the Developer has dedicated Suniga Road right-of-way as a four-
lane arterial from its western boundary to Timberline Road and is also eligible for reimbursement
from TCEF funds for the oversized, non-local portion of Suniga Road right-of-way.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 002, 2024, Appropriating Funds for Change Management
Resources to Support Legislative Management Software Implementation Funds.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, appropriates
$375,000 of general fund reserves to contract with Prosci, Inc., to provide change management
support for the Legislative Management Software project throughout its implementation in 2024.
Council Finance Committee recommended this move forward to Council at their December 19
meeting.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 003, 2024, Authorizing Transfers and Reappropriation
of Funds Previously Appropriated for the Utilities’ Grid Flexibility Programs.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, approves the
funding of grid flexibility programs through the appropriation of prior year reserves and
reappropriation of previously approved Light and Power funds. The ordinance does not
appropriate any new funding, but rather optimizes previously appropriated funds to accelerate
progress toward Our Climate Future (OCF) goals.
Adopted on Second Reading.
Page 20
Item 1.
City of Fort Collins Page 299 City Council Proceedings
5. Second Reading of Ordinance No. 004, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Environmental Services Radon Program.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, supports the City’s
Environmental Services Radon program by:
● Appropriating $9,000 of unanticipated grant revenue awarded by the Colorado Department of
Public Health and Environment (CDPHE); and
● Utilizing matching funds in the amount of $6,000 from existing 2024 appropriations for this grant
project.
In December 2023, CDPHE awarded the City $9,000 under the CDPHE Indoor Radon grant
program. The City will provide an additional $6,000 in required matching funds. The award funds
and City’s matching funds will support radon testing and mitigation programs to protect public
health for the Fort Collins community.
Pursuant to the State of Colorado Purchase Order Terms and Conditions, and in accordance with
Section 1-22 of the City Code, the City Manager has accepted the grant agreement. The $9,000
are federal funds from the Environmental Protection Agency being passed through to the City by
CDPHE.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 005, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Timberline Recycling Center Infrastructure and
Efficiency Improvements.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, supports Timberline
Recycling Center (TRC) infrastructure and efficiency improvements by:
● Appropriating $294,853 of unanticipated revenue awarded by the Colorado Departments of
Public Health and Environment’s Front Range Waste Diversion Enterprise (FRWD); and
● Transfer $28,393 matching funds from existing appropriations in the Capital Projects Business
Unit for the project.
The grant funds and matching funds will support replacement of equipment that has exceeded its
useful life, as well as incorporation of new infrastructure to provide a safe, accessible and
functional recycling facility. Contribution to the Art in Public Places (APP) Program is not required
due to grant restrictions.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 006, 2024, Authorizing Transfers and Appropriating
Related Funds for the Oak Street Stormwater Improvements Project.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, appropriates
funding for the construction of the Oak Street Stormwater Improvements Project. It will fund the
construction contract with the general contractor; contracts for resident engineering and
construction management services, permitting and internal project support and management;
construction contingency (~4%) and funding for the Art in Public Places (APP) program. The
construction contingency included herein is less than the typical amount that would normally be
associated with this size of contract (10-15% is typical). If additional contingency funds are
needed in the future, those funds would be requested to be appropriated from the Stormwater
Reserve Fund.
Page 21
Item 1.
City of Fort Collins Page 300 City Council Proceedings
The total amount being requested for appropriation is $39,962,815:
● Construction Contract $36,645,015
● Construction Support (Resident Engineer, Construction Manager, Permitting and Internal
Support) $1,720,000
● Construction Contingency $1,550,000
● APP Program $47,800
The Stormwater Utility Enterprise Board adopted Ordinance No. 011, 2023 (First Reading on
September 19, 2023, and Second Reading on October 3, 2023) authorizing bond issuance in the
Stormwater Fund for the construction of the Oak Street Stormwater Improvements project.
Following the sale and closing of the bonds, gross proceeds in the amount of $40.4M were
deposited into the Stormwater Fund reserves on October 31, 2023.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 007, 2024, Amending Article II of Chapter 5 of the Code
of the City of Fort Collins to Exempt Plumbing Fixtures from Permits and Inspections.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, amends City Code
to exempt plumbing fixture replacements, such as sinks, faucets, drains, showers, tubs, and
toilets from the permit requirements under Chapter 5 of the City Code, for the following reasons:
Colorado State does not require permits for this type of work, very few fixture replacements are
currently done with a permit, there are no concerns with life or safety, and requiring permits
creates additional barriers and cost impacts to improving indoor water efficiency.
Adopted on Second Reading.
9. Second Reading of Ordinance No. 008, 2024, Authorizing the Conveyance of a Permanent
Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport for the New Airport
Terminal Facility.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, authorizes a
permanent non-exclusive utility easement over a portion of the Northern Colorado Regional
Airport property owned jointly by the City of Fort Collins and the City of Loveland to allow for the
installation and maintenance of electrical infrastructure for the new Airport terminal facility.
Adopted on Second Reading.
10. Second Reading of Ordinance No. 009, 2024, Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Salary of the City Manager.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, amends City Code
to establish the 2024 salary of the City Manager. Council met in executive session on December
19, 2023, to conduct the performance review of Kelly DiMartino, City Manager, and to consider
the salary market analysis for this position.
Adopted on Second Reading.
Page 22
Item 1.
City of Fort Collins Page 301 City Council Proceedings
11. Items Relating to the Fort Collins Police Services Victim Services Unit.
A. First Reading of Ordinance No. 010, 2024, Making a Supplemental Appropriation from the
Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the
Fort Collins Police Services Victim Services Unit.
B. First Reading of Ordinance No. 011, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Under the Federal Victim of Crime Act in the General Fund
for the Fort Collins Police Services Victim Services Unit.
The purpose of these items is to provide funding for the Victim Services Unit of Fort Collins Police
Services for victim advocacy services which are required under the Colorado Victim Rights
Amendment for victims and witnesses of crime and their supporting family members.
The Victim Services Unit has been awarded a $70,000 Victim Assistance and Law Enforcement
(VALE) grant for the period from January 1, 2024 to December 31, 2024. The VALE grant is
awarded through the Eighth Judicial District Board to help fund services provided by the Victim
Services team. This grant will fund one part-time victim advocate, as well as 65% of the salary for
a contractual 40-hour per week victim advocate.
The Victim Services Unit has also been awarded a 24-month grant in the amount of $47,959 for
the period from January 1, 2023 to December 31, 2024, by the Colorado Division of Criminal
Justice under the Federal Victim of Crime Act (VOCA). This grant will help fund services provided
by the Victim Services Unit. These funds will be used to pay 35% of the salary for a contractual
victim advocate who provides crisis intervention services for sexual assault victims between the
school ages of kindergarten through 12th grade.
Adopted both Ordinances on First Reading.
12. First Reading of Ordinance No. 012, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant for the Fort Collins Police Services Forensic Services Unit.
The purpose of this item is to support Fort Collins Police Services’ Forensic Services Unit work in
the prevention and investigation of serious injuries and deaths caused by illegal synthetic opiate
poisoning and for disrupting synthetic opiate distribution by appropriating $40,000 of unanticipated
grant revenue from the Colorado Department of Public Safety, Division of Criminal Justice (DCJ).
Adopted on First Reading.
13. First Reading of Ordinance No. 013, 2024, Appropriating Philanthropic Revenue Received
by City Give for the Renovation of the Historic Carnegie Library.
The purpose of this item is to request an appropriation of $214,000 in philanthropic revenue
received by City Give for the renovation of the historic Carnegie Library as designated by the
donor.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Adopted on First Reading.
Page 23
Item 1.
City of Fort Collins Page 302 City Council Proceedings
14. First Reading of Ordinance No. 014, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Youth Sports Programming and Services.
The purpose of this item is to request an appropriation of $15,550 in philanthropic revenue
received through City Give for Recreation to benefit income-qualified youth sports programming
and services.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Adopted on First Reading.
15. First Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Park Planning and Development to Fund Pickleball Site Feasibility
and Community Engagement.
The purpose of this item is to request an appropriation of $40,000 in philanthropic revenue
received by City Give for Park Planning & Development, for site feasibility and community
engagement toward a future City-owned pickleball complex.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Pulled from Consent. Adopted on First Reading.
16. First Reading of Ordinance No. 016, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Mulberry Pool Replacement Feasibility Study.
The purpose of this item is to appropriate $78,000 from Recreation Reserves to fund the Mulberry
Replacement Feasibility Study. This study is in partnership with Colorado State University
Athletics (CSU), who will be funding 50% of the study.
Adopted on First Reading.
17. First Reading of Ordinance No. 017, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Purchase of Ponies and Sheds at Lee Martinez Farm.
The purpose of this item is to appropriate $72,000 from Recreation Reserves to purchase ponies
and replace sheds at the Lee Martinez Farm.
Adopted on First Reading.
18. First Reading of Ordinance No. 018, 2024, Appropriating Prior Year Reserves for
Compensation of the Mayor, Mayor Pro Tem and Councilmembers.
The purpose of this item is for a General Fund supplemental appropriation to fund 2023-2024
Budget Offer 28.12 - City Council Voter Approved Pay Increase for fiscal year 2024. This budget
request was not funded in the 2023-2024 Adopted Budget since the election results of the 2022
City-Initiated Charter Amendment No. 1 (Council Compensation) ballot initiative would not be
known until after first reading of the City’s annual appropriation ordinance for 2023. The initiative
was approved by Fort Collins voters and this action is to appropriate the increased spending in
the General Fund to implement the ballot initiative for the salary increases in 2024.
Adopted on First Reading.
Page 24
Item 1.
City of Fort Collins Page 303 City Council Proceedings
19. First Reading of Ordinance No. 019, 2024, Amending Article III of Chapter 19 of the Code
of the City of Fort Collins Regarding Municipal Court Referees.
The purpose of this item is to amend the City Code to clarify that municipal court referees may
hear cases involving camera radar and red light photo citations. Defendants in this type of case
would have a choice to have a hearing with a referee in a more informal setting or a hearing in
front of a municipal judge. The proposed Code changes would also allow the Chief Judge in the
future to authorize referees to hear cases involving other zero-point infractions.
Adopted on First Reading.
20. Items Relating to Amending City Code to Adjust for Inflation the Following Fees: Capital
Expansion Fees; Transportation Expansion Fee; Electric Capacity Fee; Water Plant
Investment Fee; Sewer Plant Investment Fee; and Stormwater Plant Investment Fee.
A. First Reading of Ordinance No. 020, 2024, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Increase for Inflation the Capital Expansion Fees and Transportation Expansion
Fee.
B. First Reading of Ordinance No. 021, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. First Reading of Ordinance No. 022, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
D. First Reading of Ordinance No. 023, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fee.
E. First Reading of Ordinance No. 024, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Plant Investment Fees.
The purpose of this item is to make annual inflation adjustments effective March 1, 2024,
associated with the City’s Capital Expansion Fees, Transportation Expansion Fee, Utility Plant
Investment Fees, and Electric Capacity Charge.
Adopted on all Ordinances on First Reading.
21. First Reading of Ordinance No. 025, 2024, Adopting the 2024 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
The purpose of this item is to adopt the 2024 Larimer County Regional Transportation Capital
Expansion Fee Schedule.
Adopted on First Reading.
22. First Reading of Ordinance No. 026, 2024, Authorizing the Purchasing Agent to Enter into
a Contract for Professional Services in Excess of Five Years for the Proposed Oak Street
Stormwater Improvements Project.
The purpose of this item is to authorize the City’s purchasing agent, pursuant to City Code Section
8-186(a), to enter into contracts greater than five years in length, for professional services for the
proposed Oak Street Stormwater Improvements Project. The contract authorized under the
proposed ordinance could be extended up to the life of the project. Design for the project began
in 2020, construction is anticipated to begin in 2024 with a 2-year duration, and project close-out
may take several months, making the overall duration of the project seven (7) years or more.
Under this scenario and without this proposed ordinance, the design contract would expire while
Page 25
Item 1.
City of Fort Collins Page 304 City Council Proceedings
the project is under construction, a situation that would result in logistical and cost ramifications
for the City and the project.
Adopted on First Reading.
23. First Reading of Ordinance No. 027, 2024, Authorizing the Mayor to Execute an Easement
Agreement with Larimer County, the City of Loveland and South Fort Collins Sanitation
District Regarding an Existing Sewer Line on Long View Farm Open Space.
The purpose of this item is to seek authorization to approve conveyance of a sewer line easement
to South Fort Collins Sanitation District (SFCSD) across Long View Farm Open Space. This
easement is intended to formally document an existing sewer line that was installed in 1981 prior
to the purchase of Long View Farm Open Space.
Adopted on First Reading.
24. First Reading of Ordinance No. 028, 2024, Approving and Authorizing the Execution of an
Amendment to a Reciprocal Stormwater Drainage Easement Agreement with Sun Foothills
Fort Collins, LLC, and Ratifying the Original Conveyance.
The purpose of this item is to authorize the amendment of that certain Reciprocal Stormwater
Drainage Easement Agreement (the “Original Easement”) dated September 7, 2022, recorded at
Reception No. 20220061510, Clerk and Recorder’s Records, Larimer County, Colorado, by and
between the City and Sun Foothills Fort Collins, LLC (the “Owner”), which originally conveyed a
stormwater drainage easement to the Owner on City property in exchange for the City’s right to
retain stormwater on the Owner’s property. The Amendment to the Original Easement (the
“Amended Easement”) will modify the legal description and revise language pertaining to access
rights. Approval of the Ordinance would also ratify the Council’s prior action in 2022 approving
the easement exchange, the ordinance for which was missing its intended exhibits.
Adopted on First Reading.
25. First Reading of Ordinance No. 029, 2024, Approving the Conveyance of a Temporary
Construction Easement, Dedication of a Permanent, Nonexclusive Water Line Easement,
and Dedication of a Permanent, Nonexclusive Sewer Line Easement, all on City Property,
for the Benefit of the Sun Foothills Fort Collins Development.
The purpose of this item is to approve an Ordinance that would authorize the conveyance of the
following:
1. One (1) temporary construction easement (TCE) to Sun Foothills Fort Collins LLC (the “Owner”)
for the modification of existing grades and current stormwater drainage facilities;
2. One (1) permanent, nonexclusive water line easement to the Fort Collins-Loveland Water
District (the “Waterline Easement”); and
3. One (1) permanent, nonexclusive sewer line easement to the Fort Collins-Loveland Sanitation
District (the “Sewer Easement”).
The easements are located on 17 acres of City property located in the North West 1/4 of Section
13, Township 6 North, Range 69 West, Larimer County, Colorado, being currently held as a City
of Fort Collins Land Bank property (the “City Property”).
Construction pursuant to the TCE will modify existing stormwater facilities. The Waterline
Easement and the Sewer Easement are entitlements required by the City so that the Owner may
proceed with the development of the adjoining lands.
Page 26
Item 1.
City of Fort Collins Page 305 City Council Proceedings
The easements will include the extension of stubbed water, sewer, and drainage improvements
directly onto the City Property resulting in a significant benefit to the City Property.
Adopted on First Reading.
26. Items Relating to the 2024 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
A. First Reading of Ordinance No. 030, 2024, Adopting the 2024 Amended Classified Employees
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with
the Fraternal Order of Police.
B. First Reading of Ordinance No. 031, 2024, Appropriating Prior Year Reserves in the General
Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
The purpose of these items is to recommend changes to the 2024 City Classified Employee Pay
Plan based on an annual market analysis conducted as agreed upon through the 2022-2024
Collective Bargaining Agreement (Agreement) with the Northern Colorado Lodge #3 of the
Fraternal Order of Police (FOP). The Agreement was approved by Council by Resolution on
December 7, 2021. The Agreement specifies a salary data collection method and evaluation
process that includes market data as of early January each year. This data has been collected
and analyzed, resulting in the revised 2024 Amended City Classified Employee Pay Plan.
Adopted both Ordinances on First Reading.
27. Resolution 2024-006 Supporting Grant Application for Local Match Funding in Support of
the Midtown Central Corridor Project.
The purpose of this item is to obtain support for the City to apply for the non-federal match
requirement included in the Department of Transportation’s FY2024 Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) discretionary grant program.
Adopted.
28. Resolution 2024-007 Approving the Appointment of Heather Walls as Interim City Clerk
Effective February 4, 2024.
The purpose of this item is to appoint Heather Walls as Interim City Clerk.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, to approve the
recommended actions on items 1-28 minus item 15 on the Consent Calendar.
The motion carried 6-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
None.
L) STAFF REPORTS
None.
Page 27
Item 1.
City of Fort Collins Page 306 City Council Proceedings
M) COUNCILMEMBER REPORTS
Councilmember Potyondy
Announced a listening session scheduled for February 10th at 11:00 a.m. at the Harmony Library.
Mayor Arndt
Reported on the Northern Colorado Foundation’s report on data concerning northern Colorado
and its rollout today during which she served on a panel of area mayors.
State of the City is scheduled for Monday, February 26 at 6:00 p.m. at the Lincoln Center.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
15. First Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Park Planning and Development to Fund Pickleball Site Feasibility
and Community Engagement.
The purpose of this item is to request an appropriation of $40,000 in philanthropic revenue
received by City Give for Park Planning & Development, for site feasibility and community
engagement toward a future City-owned pickleball complex.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Mayor Pro Tem Francis expressed equity concerns related to part of the Parks Master Plan being
prioritized by a donation through City Give noting this donation was funded by the pickleball
community.
Nina Bodenhamer, City Give Director, discussed the guardrails that are in place to ensure that
donations cannot be used to advance items that are not in the work plan. She stated this particular
donation would fund a feasibility study, not a build prioritization, and it would not move the item
further along in the work of the Parks Department.
Mayor Pro Tem Francis stated the feasibility study itself moves the item forward.
Mike Calhoun, Parks Director, discussed the local history of pickleball and the need to provide
facilities for people to participate in the sport. He detailed the experience with the first courts at
City Park. He noted there have been no other promises associated with the feasibility study, should
it move forward.
Mayor Pro Tem Francis expressed concern with groups being able to advance their focus through
City Give.
Councilmember Canonico asked if pickleball would be moved up in priority if the feasibility study is
done. Calhoun replied the Recreate Master Plan notes that pickleball is below the recommended
level of service whereas other recreation facilities, such as tennis courts and ball fields, are at the
recommended level of service. He noted the community is always surveyed before any plans move
forward.
Bodenhamer noted donations through City Give do not circumvent the budget process.
Councilmember Ohlson stated he will support the item on First Reading but will need to consider
the issue further prior to Second Reading.
Page 28
Item 1.
City of Fort Collins Page 307 City Council Proceedings
Councilmember Canonico moved, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received Through City Give
for Park Planning and Development to Fund Pickleball Site Feasibility and Community
Engagement.
The motion carried 5-1.
Ayes: Mayor Arndt, Councilmembers Canonico, Potyondy, Gutowsky, and Ohlson.
Nays: Mayor Pro Tem Francis.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
29. Resolution 2024-008 Making Board and Commission Liaison and Council Committee
Assignments and Making Appointments to Various External Boards and Authorities.
The purpose of this item is to make Councilmember liaison assignments to City boards and
commissions and Council committees as well as make appointments to external boards and
authorities on behalf of the City.
PUBLIC COMMENT
Rich Stave commented on the importance of oversight of the Planning and Zoning Commission
and stated the Council liaison will play an important role.
COUNCIL DISCUSSION
Mayor Pro Tem Francis stated she has been the liaison to the Commission for the past three
years and would like to remain in the role to continue the work the Commission has been doing.
Councilmember Gutowsky also expressed interest in the liaison role and read a statement
regarding comments that were made at the Council retreat related to her motives for wanting the
role. She stated she would like to serve as the liaison to provide an alternative point of view and
stated she believes it would enhance the high-performing government to have a new person
involved in making appointments to the Commission. However, she stated she does not believe
she has the votes to make her the liaison and conceded the appointment to Mayor Pro Tem
Francis.
Councilmember Canonico moved, seconded by Councilmember Potyondy, to adopt
Resolution 2024-008 Making Board and Commission Liaison and Council Committee
Assignments and Making Appointments to Various External Boards and Authorities,
inserting the name of Emily Francis as the Planning and Zoning Commission liaison.
The motion carried 6-0.
Clerk’s Note: Mayor Arndt called for a break at 8:55 p.m. The meeting resumed at 9:05 p.m.
30. Polestar Village Project Development Plan Appeal.
The purpose of this quasi-judicial item is to consider an appeal of the Planning and Zoning
Commission’s decision on November 17, 2023, approving the Polestar Village Project
Development Plan (#PDP220010). The Appellants filed a Notice of Appeal on December 1,
2023, with supplemental new evidence filed on December 8, 2023, alleging:
● That the Planning and Zoning Commission (P&Z) failed to conduct a fair hearing in that they
considered evidence relevant to their findings which was substantially false or grossly
misleading. The Appellants assert that; 1) Polestar used persuasive language during the hearing
and presented misleading information as well as non-confirmable statements; and 2) Hearing
Page 29
Item 1.
City of Fort Collins Page 308 City Council Proceedings
attendees and council members also did not get to hear all the details of the proposal. The
Appellants offer seven points in support of their assertion.
● That P&Z failed to conduct a fair hearing in that two members were biased against the
appellant by reason of a conflict of interest or close relationship that interfered with their
independence of judgement.
● That P&Z failed to properly interpret and apply relevant provisions of the Land Use Code
including subsections:
○ 3.6.2 (A) and (I) regarding layout and design of streets and drives;
○ 4.5(A), the Purpose statement of the Low Density Mixed Use Neighborhood (LMN) zone
district; and
○ 4.(B) and (C), permitted and prohibited uses in the Low Density Residential zone district.
City Attorney Daggett provided an overview of the appeal and the appeal process.
Paul Sizemore, Director of Community Development and Neighborhood Services, noted a name
spelling error on page 18 of the verbatim transcript of the Planning and Zoning Commission
hearing. He provided an overview of the proposed Polestar project which proposes 20.5 acres of
mixed-use neighborhood on an infill property with 144 dwelling units, a neighborhood center,
mixed-use buildings, a place of assembly, and agricultural support buildings. Sizemore went on
to discuss the timeline of the project and appeal.
Sizemore provided details of the appeal noting it contains three main allegations: that the Planning
and Zoning Commission failed to conduct a fair hearing by considering evidence relevant to its
findings which were substantially false or grossly misleading, that the Commission failed to
conduct a fair hearing because it was biased against the appellant by reasons of conflict of interest
or other close business, personal, or social relationships that interfered with a member’s
independence of judgement, and that there was a failure to properly interpret and apply relevant
provisions of the Land Use Code.
Mayor Arndt requested Councilmembers disclose any potential conflicts of interest or other
possible reasons for recusal.
Councilmember Ohlson stated he has met the previous owners of the property but has not seen
them for years and does not believe he has a conflict.
Councilmember Potyondy stated she knows two of the appellants but did not believe she has a
conflict.
The lead appellant, Charles Thompson, introduced himself. Other parties-in-interest in support
of the appeal also introduced themselves: Eve Enright, Andrew Katz, Jenny Morse, Gina Santoro,
Matt Benson, Melissa Markarian, and Charles Thompson, Sr.
Bob Choate, Polestar Gardens, Inc., Ken Merritt, JR Engineering, Charlie Shoub, Kristina
Vrouwenvelder, and Aisha Martinek introduced themselves as parties-in-interest opposed to the
appeal.
Mayor Arndt recommended time allotments for presentations and rebuttals. She noted there are
two procedural issues that need to be addressed, including that the project applicant objects to
the emails included in the appellant’s December 8 written submittal stating they constitute new
evidence.
Page 30
Item 1.
City of Fort Collins Page 309 City Council Proceedings
Mr. Thompson stated the emails provide evidence that support the claim that proper evidence of
the hearing and information about the development were not received.
Mr. Choate opposed the inclusion of the emails as they came after the Planning and Zoning
Commission hearing was completed. He stated all neighborhood notification requirements were
met.
Mayor Arndt noted new evidence is not generally acceptable.
City Attorney Daggett clarified that the appellant did raise two fair hearing issues and if the emails
related to those, they would be admissible, but if they do not, they would not be.
Mayor Pro Tem Francis and Councilmember Potyondy concurred new evidence should not be
accepted.
City Attorney Daggett clarified there is a process under the Code for the appellant to submit new
evidence, and that was done within the appropriate timeframe. She noted the applicant is not
objecting to the main submittal but the emails that were attached.
Senior Assistant City Attorney Brad Yatabe stated the important consideration is that there are
two fair hearing allegations and after reading the emails, he does not believe they speak to the
allegations directly.
Mayor Pro Tem Francis asked if the emails are already in the Council packet. Yatabe replied in
the affirmative.
Mayor Arndt made a ruling that the emails will be accepted as evidence. She outlined the second
procedural issue related to the project applicant’s objection to the appellant’s failure to properly
interpret and apply the Land Use Code allegations as insufficient to meet the requirements of the
Code and provide adequate notice of the matters on appeal.
Mr. Thompson stated he submitted the Land Use Code provisions that are part of the appeal
within the appropriate timeframe and stated he believed the publicly accessible Land Use Code
provided enough support.
Mr. Choate argued there were no details provided as to how the Codes were misinterpreted.
Mayor Pro Tem Francis stated it is difficult to make a decision based on what the appellant
submitted.
Councilmember Ohlson spoke in favor of allowing the appellant to make his arguments.
City Attorney Daggett outlined the Code language and recommended that if Council proceeds
based on its sense of the applicant’s reaction, that it confer with the applicant as to whether he
has withdrawn his objection or has no further objection.
Mayor Arndt stated she is inclined to follow the Code language.
Councilmembers Canonico and Potyondy concurred and stated it is important that the outlined
procedures for appeals are followed.
Councilmember Ohlson stated he would support that as well.
Councilmember Gutowsky stated appellants sometimes lack guidance as to how to process the
appeal, and that seems to be the case here. She stated the lack of experience of the appellant
should not interfere with the appellants’ ability to state their case.
Page 31
Item 1.
City of Fort Collins Page 310 City Council Proceedings
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, that the
Council dismiss all of the appellants’ failure to properly interpret and apply the Land Use
Code allegation listed in the notice of appeal submitted to the City on De cember 1, 2023,
finding that City Code Section 2-49(B)(4) requires that every notice of appeal shall include
the grounds for the appeal, including specific allegations of error and a summary of the
facts contained in the record on appeal which support such allegations. The allegations
that the Planning and Zoning Commission failed to properly interpret and apply the Land
Use Code set forth in the appellant’s notice of appeal listed only the numbers of certain
Land Use Code sections without providing any specific allegations of error or a summary
of facts contained in the record supporting such allegations. The information provided did
not comply with City Code Section 2-49(B)(4) and did not provide sufficient notice to any
part opposed to the appeal to allow such party to sufficiently prepare to address the
allegations at this February 6, 2024 appeal hearing. Dismissal of the failure to properly
interpret and apply all allegations is required as a matter of fairness to any party opposed
to the appeal and to comply with the City’s adopted appeal procedure.
Councilmember Ohlson stated he feels badly about the vote but noted a previous Council created
an ombudsman position to help regular residents of Fort Collins through the development review
process to help level the playing field with applicants who are often represented by legal counsel.
He stated he would support the motion, however, because the rules do matter.
Mayor Pro Tem Francis noted Council is working on making the appeal process more fair and
equitable, and changes are in the works; however, the Code that is currently in place needs to be
followed.
The motion carried 6-0.
Appellant Presentation
Mr. Thompson provided arguments in support of the appeal stating Polestar’s presentation during
the Planning and Zoning Commission hearing contained inaccuracies and omissions that
significantly impacted the decision-making process of the Commission leading to an unfair
consideration of the project. He stated Polestar relied on traffic data to downplay the impact on
local streets and data collection entailed limited duration and selective monitoring of streets. He
questioned the thoroughness of the traffic impact study.
Mr. Thompson outlined the appeal’s concerns regarding community outreach misrepresentation.
Additionally, he stated Polestar has an HOA, which was not disclosed at the hearing, and current
residents of the Roger’s Park neighborhood, nor greater Fort Collins, will not be allowed to access
the amenities of the proposed new development unless they become members.
Mr. Thompson noted Polestar’s hearing presentation started at 10:30 p.m. and was cut short at
11:08 p.m.; therefore, the rushed presentation led to skipped slides containing pertinent
information for the Commission’s consideration. He also stated Polestar never described
themselves as an investment opportunity, which they outline as a selling point on their website.
Mr. Thompon stated it has been misrepresented that Orchard Place will connect to Overland Trail,
which the plans do not show but which the Commission seemed to expect. He argued the
extended duration of the hearing into the early morning hours contributed to the Commission’s
fatigue and impaired members’ ability to thoroughly assess the proposal and ask pertinent
questions. He also stated the lateness of the meeting disadvantaged working class residents of
Roger’s Park, preventing meaningful participation in the hearing.
Mr. Thompson discussed the appeal’s accusation of bias and stated the claims are not meant to
be an attack on the character of those members; however, he stated two confessions of conflict
of interest by Commission members did raise concerns about their impartiality.
Page 32
Item 1.
City of Fort Collins Page 311 City Council Proceedings
Mr. Thompson noted staff did not find specific comments about fatigue in the record; however, he
stated it was certainly alluded to, particularly given the hearing start time of 10:20 p.m. and
adjournment at 12:48 a.m.
Eve Enright expressed disappointment she is seeing the same reluctance in Council to help the
appellants. She requested Councilmembers keep in mind that they are to be representing
residents.
Jenny Morse noted Chair Katz made a specific statement about the non-regulated land transfer
that occurred resulting in the access problems to the site.
Mr. Thompson concluded by stating that the appeal asserts that the evidence from the Zoom
recording of the Commission hearing reveals falsehoods and misleading information presented
by Polestar influencing the Commission’s decision-making process unfairly. He stated a
reevaluation of the development proposal to ensure a fair and just outcome is necessary. He
noted the Roger’s Park neighborhood understands the land will develop but would like to see the
development be a positive addition to the community.
Applicant Presentation
Mr. Choate stated it is important to recognize that Council’s role is not to decide on the
development plan, but rather on the appeal. He stated if the Planning and Zoning Commission
did not clearly get the decision wrong, he respectfully requested Council defer to the
Commission’s decision.
Mr. Choate provided background on Polestar and stated the property is not gated and is open to
the public. He stated the applicant, Polestar Gardens, is a non-profit entity and one unique aspect
is that a substantial portion of the property will be owned as tenants-in-common. He also noted
the density being proposed is far less than the allowed density.
In terms of traffic, Mr. Choate noted the City’s Traffic Engineers told the project not to include
Orchard and Plum in their traffic impact study. Additionally, he stated these roadways are well
below half of total capacity after full build out of this development.
Mr. Choate reiterated that the appropriate public notice was provided and Polestar held a
neighborhood meeting. He stated there is not a question as to whether Orchard will go through
to Overland; rather the question is related to whether that connection would be required with this
development, and the answer to that question is very clearly ‘no.’ He noted Polestar has no
ownership of that property or ability to acquire it to be turned into a roadway.
Mr. Choate stated neither Commissioner Shepard nor Commissioner York indicated they had a
conflict of interest, rather they disclosed they knew the former owners or others in the area. He
noted there is no connection between the former owners and Polestar and stated the disclosures
made by the Commissioners do not rise to the level of conflict of interest.
Appellant Rebuttal
Mr. Thompson noted Polestar does not provide affordable housing and stated it is an investment
opportunity as per their website. Additionally, he stated that while Polestar claims to be a planned
community of like-minded individuals, there will be no application process for home ownership
and there is no guarantee the investors will live in the development.
Mr. Thompson questioned whether there will be tax exemptions given there will be a place of
worship on the property. He reiterated questions as to why Orchard and Plum were not included
in the traffic impact study. He also questioned what is considered to be common areas that are
accessible by other members of the community.
Page 33
Item 1.
City of Fort Collins Page 312 City Council Proceedings
Andrea Coy stated she organizes the Roger’s Park neighborhood annual event and did attend
the first neighborhood meeting, after which she expressed concern about the process and
procedures. She expressed concern about the challenges of navigating the appeal process and
stated the proposed project does not offer affordable housing as per the City’s goals.
Applicant Rebuttal
Mr. Choate argued the tenants-in-common ownership model does allow for more affordability and
stated the project is well in line with City Plan. He reiterated this hearing is not about the project
but about the appeal.
Brian Dunbar, CSU Institute for the Built Environment Executive Director, spoke on behalf of the
applicant team, and stated the Institute has worked with Polestar to develop sustainable design
and construction guidelines for the development and noted the project could be much more dense
but opted to allow for open spaces. He stated he has found those involved in the development to
be eager to establish community connections and commented on the lifelong nature of the homes
that will be built. Additionally, he stated the project does provide mixed opportunities of housing,
some of which would be more affordable and attainable than others.
Council Questions
Mayor Pro Tem Francis requested clarification on the traffic study. Steve Gilchrist, Traffic
Operations, clarified the intent of the traffic study is to determine whether the existing
transportation system can handle the additional traffic from a development. He stated traffic
studies examine level of service which is based on intersection capacity and this traffic study
examined five intersections which were shown to fully function based on level of service
standards. He stated the City can require additional studies on adjacent streets based on
concerns, and in this case, looked at daily volumes on Louise, Locust Grove, and Kimball.
Councilmember Ohlson asked who sends the neighborhood notices and what checks are in place
to assure those are sent out. Sizemore replied administrative staff within Community Services
and Neighborhood Development prepare address lists and mailings per the methodology
prescribed in the Land Use Code, and the mailing lists are kept as part of the record.
Councilmember Ohlson asked what changes were made to the development based on
neighborhood feedback. Mr. Merritt replied the neighborhood meeting was held in May of 2021
via Zoom and there were not many participants. He stated there were no substantial changes to
the plan because of that meeting, though there may have been more units in the original plan and
one of the internal intersections changed. Additionally, it was determined a heritage cottonwood
tree that was going to be removed would be saved with some changes to the plan.
Councilmember Ohlson asked about the comments made related to the community being
relocated to Fort Collins. Mr. Merritt replied Polestar originally resided in Hawaii and in 2019, a
volcano eruption destroyed their community. In 2020 and 2021, Polestar decided on Fort Collins
for its new location. He noted this is not a closed community and sales and rentals will be open
to anyone.
Councilmember Ohlson noted it is irrelevant to this hearing, but asked staff if they are looking at
any changes to prevent the land transfer that led to the lack of available land for a roadway
connection. Sizemore replied the Code allows for portions of land to be switched around between
property owners for agricultural purposes or for the purpose of land assembly for development.
He stated it is not something that has been identified as problematic at this point, though it is
something that could be examined per Council direction.
Page 34
Item 1.
City of Fort Collins Page 313 City Council Proceedings
Council Discussion
Mayor Pro Tem Francis stated Council is deciding whether a fair hearing was conducted and she
is having difficulty finding grounds to indicate the hearing was not fair.
Councilmember Canonico expressed sympathy with the Roger’s Park homeowners; however, she
did not see any evidence to indicate the Commission’s hearing was unfair or members were
biased.
Councilmember Potyondy stated the bar for bias is high and fatigue is subjective; therefore, she
did not see evidence of a lack of fair hearing.
Councilmember Gutowsky expressed concern that not all slides were presented the night of the
hearing and questioned whether the result of the hearing may have been different had they all
been presented. She questioned whether the hearing was fair if it was not complete.
Councilmember Potyondy asked if the slides were part of the Commission’s packet. Sizemore
replied in the affirmative.
Councilmember Ohlson stated he believed the hearing was imperfect but fair. He expressed
concern that the appeal process does not offer a level playing field and noted improvements are
forthcoming and have been made in the past, citing the change in signage for development
properties.
Mayor Arndt concurred the hearing was fair based on the evidence and testimony and she stated
she did not see evidence of bias.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, that Council find
that the Planning and Zoning Commission conducted a fair hearing in consideration of the
Polestar Village PDP, finding that the appellant did not establish with confident evidence
in the record that any of the fair hearing issues have merit, and further, that based on the
evidence in the record and presented at this hearing, the appeal allegations that the
Planning and Zoning Commission failed to conduct a fair hearing contained in the
appellant’s notice of appeal are hereby denied and dismissed in their entirety.
The motion carried 5-1.
Ayes: Councilmembers Ohlson, Potyondy, and Canonico, Mayor Arndt, and Mayor Pro
Tem Francis.
Nays: Councilmember Gutowsky.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
Page 35
Item 1.
City of Fort Collins Page 314 City Council Proceedings
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:15 p.m.
_______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Page 36
Item 1.
City of Fort Collins Page 315 City Council Proceedings
February 20, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring February 2024 as Black History Month.
Mayor Jeni Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
ABSENT
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Interim City Clerk Heather Walls
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, with the following highlights:
Larimer County Behavioral Health Community Report.
All items on the consent agenda were recommended for approval.
The items on the discussion agenda were reviewed.
Page 37
Item 1.
City of Fort Collins Page 316 City Council Proceedings
F) COMMUNITY REPORTS
1. Larimer County Behavioral Health Community Report.
The purpose of this item is to present the Larimer County Behavioral Health Community Report.
Laura Walker, Larimer County Human and Economic Health Director, noted the County’s
Behavioral Health Services Department was funded through a 2018 sales tax initiative and
discussed the four phases of behavioral health services implementation which completed at the
end of 2023 with the opening of the acute care facility at the Longview Campus. She stated an
update of the Community Master Plan for Behavioral Health is the next iteration of the work and
it includes 14 focused recommendations for the next five years. Walker reviewed the
recommendations.
Councilmember Potyondy commended the presentation and work to look at the feasibility for
youth services.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Sharon Shabtai, Fort Collins resident, opposed the adoption of a cease fire resolution stating it would
incite anti-Israel and anti-Jewish sentiments. Shabtai advocated for a City Code provision that restricts
Council involvement in foreign affairs.
Brendon Kelly, Fort Collins resident, discussed the rise in antisemitism since the Hamas attack and
stated a cease fire resolution passed by Council would have no impact on the war but would have a
negative effect on Jewish children in Fort Collins.
Merav Tsubely, Fort Collins resident, opposed the adoption of a cease fire resolution and stated the
Human Relations Commission’s pursuit of a cease fire resolution will only feed antisemitism, hate, and
division.
Nathan Wallace, Fort Collins resident born and raised in Israel, expressed concern about the safety
of Israeli residents in Fort Collins.
Miri Kornfeld, Director of Stand With Us, Fort Collins resident, opposed the adoption of a cease fire
resolution.
Shimrit Yacobi, Fort Collins resident, spoke in support of Israel and in opposition to the adoption of a
cease fire resolution.
Alexis Riggs, Fort Collins resident, commented on the rise in antisemitism and opposed the adoption
of a cease fire resolution.
Elise Mordos, Boulder resident, opposed the adoption of a cease fire resolution.
Tsahi Zidenberg, Fort Collins resident, supported a cease fire but opposed the adoption of a cease
fire resolution.
Jordan Griffith opposed the adoption of a cease fire resolution.
Michelle Gliszinski, Fort Collins resident, spoke in support of Israel.
Dikla Leon, Superior resident, opposed the adoption of a cease fire resolution.
Jason Levi opposed the adoption of a cease fire resolution.
Page 38
Item 1.
City of Fort Collins Page 317 City Council Proceedings
Angela Watson, Fort Collins resident, spoke against the war and in support of Israel.
Jarrett Watson, Fort Collins resident, spoke in favor of Israel and its right to defend itself.
Louann Griffith, Fort Collins resident, stated Council is not qualified to comment on the situation in
Israel and Gaza and opposed the adoption of a cease fire resolution.
Robyn (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Jonah Salehi, Chair of the Labor Committee at DSA Fort Collins, spoke in support of the adoption of
a cease fire resolution.
Nika (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Ali Owens, NoCo Liberation Coalition, spoke in support of the adoption of a cease fire resolution.
Shawn Goodwin, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Dana Guber, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Beth G., Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Shehab Elhaddad, President of Islamic Center of Fort Collins, spoke in support of the adoption of a
cease fire resolution stating the Islamic Center has been involved in its drafting, making it a local
resolution.
Erica Dickson, Fort Collins resident, opposed the adoption of a cease fire resolution and requested
Council focus on the problems in the local community caused by the resolution.
Lori Weinreich, Fort Collins resident, opposed the adoption of a cease fire resolution.
David Weinreich, Fort Collins resident, opposed the adoption of a cease fire resolution.
Cecily (no last name given), Fort Collins resident, read an excerpt from a book regarding Israel and
Fort Collins and supported the adoption of a cease fire resolution.
Sabrina M., Westminster resident, spoke in support of the adoption of a cease fire resolution.
Alex Scott, Fort Collins resident, spoke in support of the adoption of a cease fire resolution and stated
this issue has united the city around peace.
Schaefer Bennett, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Carmen Pauna, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Paul Herman, Fort Collins resident, discussed the divisiveness of the cease fire issue and stated City
Council should not involve itself.
Joshua Keen, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Hannah Spring, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Michael Katz, Fort Collins resident, discussed the divisiveness of the cease fire issue and opposed
Council’s involvement in global issues.
Page 39
Item 1.
City of Fort Collins Page 318 City Council Proceedings
Ella Smith, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Carrie Levi, Fort Collins resident, opposed the adoption of a cease fire resolution and requested
Council adopt a City Code provision that limits Council actions in foreign issues.
Madeleine Grigg, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Dr. M Watson Saltis, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Melanie Van Der Volgen, Fort Collins resident, opposed the adoption of a cease fire resolution and
stated Council should focus on municipal issues.
Cristyn Hypnar, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Michael Weinreich, Fort Collins resident, opposed the adoption of a cease fire resolution.
Ron Vaisbort, Fort Collins resident, opposed the adoption of a cease fire resolution stating it is not a
matter of local concern.
Rev. Dr. Marta Fioriti, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Nancy York, who spoke on behalf of Kimberly Baker Medina, both Fort Collins residents, discussed
statistics related to deaths in Gaza and spoke in support of the adoption of a cease fire resolution.
Aria Hughes, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Hannah (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Leila Einhorn, Fort Collins resident, supported adoption of a cease fire resolution.
Zoe (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
David Roy, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Judy Papenfuss, Fort Collins resident, spoke in support of Israel and opposed the adoption of a cease
fire resolution.
Steve Papenfuss, Fort Collins resident, opposed the adoption of a cease fire resolution.
Bill Timpson, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Aaron Brooks, Boulder resident, spoke of experiencing antisemitism at Council meetings in other
communities and opposed the adoption of a cease fire resolution.
Michelle Landon, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Dolores Williams, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Eli Alberts, Loveland resident, opposed the adoption of a cease fire resolution.
Tyler Gus, Fort Collins resident, played a video showing Israeli families calling for peace.
Aisha G, Greeley resident, spoke in support of the adoption of a cease fire resolution.
Page 40
Item 1.
City of Fort Collins Page 319 City Council Proceedings
Aaron Lerner, Fort Collins resident, spoke in support of the adoption of a cease fire resolution stating
it is a local issue.
Samuel Pisciotta, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Tyler Chrenka, Fort Collins resident, noted Council adopted a resolution related to a cease fire in
Ukraine and questioned how the Gaza situation is different.
Ash W., Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Jennifer Goodrich, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Sterling Linville, Fort Collins resident, displayed a graphic indicating genocide in Gaza and spoke in
support of the adoption of a cease fire resolution.
Maddie Christian, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Isabella Zapata, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Danny Elliott, Westminster resident, spoke in support of the adoption of a cease fire resolution.
Clerk’s Note: Mayor Arndt called for a ten-minute break at 7:36 p.m. The meeting resumed at
7:50 p.m.
Sarah A. Flick, Fort Collins resident, read excerpts from the Hamas charter.
Sue Ellen Klein, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Cori Wong, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Omar Reda spoke in support of the adoption of a cease fire resolution.
Lake Hogan, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Shay Jennings, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
JoEllen Mitchell, Fort Collins resident, opposed the adoption of a cease fire resolution.
Rorey (no last name given), Fort Collins resident, stated speaking truth is not divisive; genocide is.
Michael Korn, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Nura Elmagbari spoke in support of the adoption of a cease fire resolution.
Jonesy Winchell, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Gabrielle Friesen, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Eli (no last name given), resident of Poudre Valley Mobile Home Park, spoke in opposition to the
proposed shelter.
Willie Spellman, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Esme Holden, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Khaled Alali, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Page 41
Item 1.
City of Fort Collins Page 320 City Council Proceedings
Adal Khalil Raja, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Jeff Wright, Fort Collins resident and retired pastor, noted the Human Relations Commission
recommended adoption of a resolution calling for a cease fire, the delivery of humanitarian aid, and
the release of all hostages and encouraged Council to do so.
Kimberly Conner, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Dr. Mohamed Kuziez, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Mary Ehrlich opposed the adoption of a cease fire resolution.
Grace Hudgens, Fort Collins resident, spoke in support of the adoption of a cease fire resolution
stating this is a local issue and noted Council has previously adopted resolutions related to global
issues, including a cease fire in Ukraine.
Ahmad Esmat, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Anya Kaplan-Hartnett, Fort Collins resident, spoke in support of the adoption of a cease fire resolution
and noted Council has previously adopted resolutions related to global issues.
Ali (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Sunflower (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Sheela Turbek, Fort Collins resident, supported adoption of a cease fire resolution.
Ashton Schmidke, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Phoebe Bauer, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Blake Summers, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Quinn Miller, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Kaori Keyser, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Dandelion (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Zach Heath, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Michael May, Fort Collins resident, supported adoption of a cease fire resolution.
Michael Lichtbach, Fort Collins resident, opposed the adoption of a cease fire resolution.
Kristen Switzer, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Julie Rowan-Zoch, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Robin Hutchinson, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Elliot Fladen opposed adoption of a cease fire resolution.
Page 42
Item 1.
City of Fort Collins Page 321 City Council Proceedings
Mai (no last name given), Fort Collins resident, spoke in support of the adoption of a cease fire
resolution.
Lorenzo Gomez, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Elwi Borsum, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Robyn Dolgin, Fort Collins resident, spoke in support of adoption of a cease fire resolution.
Quinn Mitchell, Fort Collins resident, spoke in support of the adoption of a cease fire resolution and
showed a video.
Mohiman Muneer, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Connor Flynn, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Jeremiah Thielke, Fort Collins resident and City employee, spoke in support of the adoption of a cease
fire resolution.
Lindsey Garchar, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Ashley Garchar, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Giselle Herzfeld, Rocky Mountain Peace and Justice Center, spoke in support of the adoption of a
cease fire resolution.
Christinia Eala, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Christina Swope, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Michael Whitcomb, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Zoelle Lane, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Blaine Crowe, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Claire Kopp, Fort Collins resident, spoke on behalf of a Jewish resident in Fort Collins in support of
the adoption of a cease fire resolution.
Elisheva Lane, Fort Collins resident, opposed the adoption of a cease fire resolution.
Salah Abdel-Ghany, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Deborah Kellogg, Fort Collins resident, opposed the adoption of a cease fire resolution.
Riley (no last name given), Larimer County resident, spoke in support of the adoption of a cease fire
resolution.
Rose Lew, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Sophie Dellota, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Hania Sakkal, Fort Collins resident, displayed a photo from Gaza and spoke in support of the adoption
of a cease fire resolution.
Greg Zoda, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Page 43
Item 1.
City of Fort Collins Page 322 City Council Proceedings
Benjamin Skillman spoke in support of the adoption of a cease fire resolution.
Oliver Vollmer, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Cheryl Distaso, Fort Collins resident, noted the Human Relations Commission recommended the
adoption of a cease fire resolution which included humanitarian aid and the release of all hostages.
Distaso urged Council to direct staff to craft a resolution based on the HRC recommendations and to
adopt said resolution.
August-Carter Nelson, Fort Collins resident, spoke in support of the adoption of a cease fire resolution
and noted Council has previously adopted resolutions related to global issues.
Will Risheill, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Silen Wellington, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Deana Munoz, Fort Collins resident, spoke in support of the adoption of a cease fire resolution.
Kaitlin (no last name given), spoke in support of the adoption of a cease fire resolution.
Emil Aiden, Fort Collins resident, opposed the adoption of a cease fire resolution.
John Ramsted stated every justice movement in the history of the country has been divisive and spoke
in support of the adoption of a cease fire resolution.
H) PUBLIC COMMENT FOLLOW-UP
Mayor Arndt commented on hearing compassion, commitment to peace, and freedom of expression
and religion, which are all values of the City. She thanked the speakers and encouraged working
together, embracing differences, and living in peace and understanding. She noted any resolution
would need to be taken up under Other Business.
Councilmember Gutowsky expressed difficulty in choosing a side on the issue and stated the simplest
solution may not be the best solution.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Items Relating to the Fort Collins Police Services Victim Services Unit.
A. Second Reading of Ordinance No. 010, 2024, Making a Supplemental Appropriation from the
Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the
Fort Collins Police Services Victim Services Unit.
B. Second Reading of Ordinance No. 011, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Under the Federal Victim of Crime Act in the General Fund
for the Fort Collins Police Services Victim Services Unit.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, provide funding
for the Victim Services Unit of Fort Collins Police Services for victim advocacy services which are
required under the Colorado Victim Rights Amendment for victims and witnesses of crime and
their supporting family members.
Page 44
Item 1.
City of Fort Collins Page 323 City Council Proceedings
The Victim Services Unit has been awarded a $70,000 Victim Assistance and Law Enforcement
(VALE) grant for the period from January 1, 2024 to December 31, 2024. The VALE grant is
awarded through the Eighth Judicial District Board to help fund services provided by the Victim
Services team. This grant will fund one part-time victim advocate, as well as 65% of the salary for
a contractual 40-hour per week victim advocate.
The Victim Services Unit has also been awarded a 24-month grant in the amount of $47,959 for
the period from January 1, 2023 to December 31, 2024, by the Colorado Division of Criminal
Justice under the Federal Victim of Crime Act (VOCA). This grant will help fund services provided
by the Victim Services Unit. These funds will be used to pay 35% of the salary for a contractual
victim advocate who provides crisis intervention services for sexual assault victims between the
school ages of kindergarten through 12th grade.
Adopted on Second Reading.
2. Second Reading of Ordinance No. 012, 2024, Making a Supplemental Appropriation from
the Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant for the Fort Collins Police Services Forensic Services Unit.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, supports Fort Collins
Police Services’ Forensic Services Unit work in the prevention and investigation of serious injuries
and deaths caused by illegal synthetic opiate poisoning and for disrupting synthetic opiate
distribution by appropriating $40,000 of unanticipated grant revenue from the Colorado
Department of Public Safety, Division of Criminal Justice (DCJ).
Adopted on Second Reading.
3. Second Reading of Ordinance No. 013, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, requests an
appropriation of $214,000 in philanthropic revenue received by City Give for the renovation of the
historic Carnegie Library as designated by the donor.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 014, 2024, Appropriating Philanthropic Revenue
Received Through City Give for Youth Sports Programming and Services.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, requests an
appropriation of $15,550 in philanthropic revenue received through City Give for Recreation to
benefit income-qualified youth sports programming and services.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Adopted on Second Reading.
Page 45
Item 1.
City of Fort Collins Page 324 City Council Proceedings
5. Second Reading of Ordinance No. 016, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Mulberry Pool Replacement Feasibility Study.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, appropriates
$78,000 from Recreation Reserves to fund the Mulberry Replacement Feasibility Study. This
study is in partnership with Colorado State University Athletics (CSU), who will be funding 50% of
the study.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 017, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Purchase of Ponies and Sheds at Lee Martinez Farm.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, appropriates
$72,000 from Recreation Reserves to purchase ponies and replace sheds at the Lee Martinez
Farm.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 018, 2024, Appropriating Prior Year Reserves for
Compensation of the Mayor, Mayor Pro Tem and Councilmembers.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, is for a General
Fund supplemental appropriation to fund 2023-2024 Budget Offer 28.12 - City Council Voter
Approved Pay Increase for fiscal year 2024. This budget request was not funded in the 2023-
2024 Adopted Budget since the election results of the 2022 City-Initiated Charter Amendment No.
1 (Council Compensation) ballot initiative would not be known until after first reading of the City’s
annual appropriation ordinance for 2023. The initiative was approved by Fort Collins voters and
this action is to appropriate the increased spending in the General Fund to implement the ballot
initiative for the salary increases in 2024.
Adopted on Second Reading.
8. Second Reading of Ordinance No. 019, 2024, Amending Article III of Chapter 19 of the Code
of the City of Fort Collins Regarding Municipal Court Referees.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, amends the City
Code to clarify that municipal court referees may hear cases involving camera radar and red light
photo citations. Defendants in this type of case would have a choice to have a hearing with a
referee in a more informal setting or a hearing in front of a municipal judge. The proposed Code
changes would also allow the Chief Judge in the future to authorize referees to hear cases
involving other zero-point infractions.
Adopted on Second Reading.
9. Items Relating to Amending City Code to Adjust for Inflation the Following Fees: Capital
Expansion Fees; Transportation Expansion Fee; Electric Capacity Fee; Water Plant
Investment Fee; Sewer Plant Investment Fee; and Stormwater Plant Investment Fee.
A. Second Reading of Ordinance No. 020, 2024, Amending Chapter 7.5 of the Code of the City
of Fort Collins to Increase for Inflation the Capital Expansion Fees and Transportation Expansion
Fee.
B. Second Reading of Ordinance No. 021, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
Page 46
Item 1.
City of Fort Collins Page 325 City Council Proceedings
C. Second Reading of Ordinance No. 022, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
D. Second Reading of Ordinance No. 023, 2024, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Sewer Plant Investment Fee.
E. Second Reading of Ordinance No. 024, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Plant Investment Fees.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, make annual
inflation adjustments effective March 1, 2024, associated with the City’s Capital Expansion Fees,
Transportation Expansion Fee, Utility Plant Investment Fees, and Electric Capacity Fee.
Adopted on Second Reading.
10. Second Reading of Ordinance No. 025, 2024, Adopting the 2024 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, adopts the 2024
Larimer County Regional Transportation Capital Expansion Fee Schedule.
Adopted on Second Reading.
11. Second Reading of Ordinance No. 026, 2024, Authorizing the Purchasing Agent to Enter
into a Contract for Professional Services in Excess of Five Years for the Proposed Oak
Street Stormwater Improvements Project.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, authorizes the City’s
purchasing agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than
five years in length, for professional services for the proposed Oak Street Stormwater
Improvements Project. The contract authorized under the proposed ordinance could be extended
up to the life of the project. Design for the project began in 2020, construction is anticipated to
begin in 2024 with a 2-year duration, and project close-out may take several months, making the
overall duration of the project seven (7) years or more. Under this scenario and without this
proposed ordinance, the design contract would expire while the project is under construction, a
situation that would result in logistical and cost ramifications for the City and the project.
Adopted on Second Reading.
12. Second Reading of Ordinance No. 027, 2024, Authorizing the Mayor to Execute an
Easement Agreement with Larimer County, the City of Loveland and South Fort Collins
Sanitation District Regarding an Existing Sewer Line on Long View Farm Open Space.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, seeks authorization
to approve conveyance of a sewer line easement to South Fort Collins Sanitation District (SFCSD)
across Long View Farm Open Space. This easement is intended to formally document an existing
sewer line that was installed in 1981 prior to the purchase of Long View Farm Open Space.
Adopted on Second Reading.
13. Second Reading of Ordinance No. 028, 2024, Approving and Authorizing the Execution of
an Amendment to a Reciprocal Stormwater Drainage Easement Agreement with Sun
Foothills Fort Collins, LLC, and Ratifying the Original Conveyance.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, authorizes the
amendment of that certain Reciprocal Stormwater Drainage Easement Agreement (the “Original
Page 47
Item 1.
City of Fort Collins Page 326 City Council Proceedings
Easement”) dated September 7, 2022, recorded at Reception No. 20220061510, Clerk and
Recorder’s Records, Larimer County, Colorado, by and between the City and Sun Foothills Fort
Collins, LLC (the “Owner”), which originally conveyed a stormwater drainage easement to the
Owner on City property in exchange for the City’s right to retain stormwater on the Owner’s
property. The Amendment to the Original Easement (the “Amended Easement”) will modify the
legal description and revise language pertaining to access rights. Approval of the Ordinance
would also ratify the Council’s prior action in 2022 approving the easement exchange, the
ordinance for which was missing its intended exhibits.
14. Second Reading of Ordinance No. 029, 2024, Approving the Conveyance of a Temporary
Construction Easement, Dedication of a Permanent, Nonexclusive Water Line Easement,
and Dedication of a Permanent, Nonexclusive Sewer Line Easement, all on City Property,
for the Benefit of the Sun Foothills Fort Collins Development.
This Ordinance, unanimously adopted on First Reading on February 6, 2024, approves an
Ordinance that would authorize the conveyance of the following:
1. One (1) temporary construction easement (TCE) to Sun Foothills Fort Collins LLC (the “O wner”)
for the modification of existing grades and current stormwater drainage facilities;
2. One (1) permanent, nonexclusive water line easement to the Fort Collins-Loveland Water
District (the “Waterline Easement”); and
3. One (1) permanent, nonexclusive sewer line easement to the Fort Collins-Loveland Sanitation
District (the “Sewer Easement”).
The easements are located on 17 acres of City property located in the North West 1/4 of Section
13, Township 6 North, Range 69 West, Larimer County, Colorado, being currently held as a City
of Fort Collins Land Bank property (the “City Property”).
Construction pursuant to the TCE will modify existing stormwater facilities. The Waterline
Easement and the Sewer Easement are entitlements required by the City so that the Owner may
proceed with the development of the adjoining lands.
The easements will include the extension of stubbed water, sewer, and drainage improvements
directly onto the City Property resulting in a significant benefit to the City Property.
Adopted on Second Reading.
15. Items Relating to the 2024 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
A. Second Reading of Ordinance No. 030, 2024, Adopting the 2024 Amended Classified
Employees Pay Plan to Update Classified Positions as Provided in the Collective Bargaining
Agreement with the Fraternal Order of Police.
B. Second Reading of Ordinance No. 031, 2024, Appropriating Prior Year Reserves in the
General Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the
Collective Bargaining Agreement with the Fraternal Order of Police.
These Ordinances, unanimously adopted on First Reading on February 6, 2024, recommend
changes to the 2024 City Classified Employee Pay Plan based on an annual market analysis
conducted as agreed upon through the 2022-2024 Collective Bargaining Agreement (Agreement)
with the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). The Agreement was
approved by Council by Resolution on December 7, 2021. The Agreement specifies a salary data
collection method and evaluation process that includes market data as of early January each
Page 48
Item 1.
City of Fort Collins Page 327 City Council Proceedings
year. This data has been collected and analyzed, resulting in the revised 2024 Amended City
Classified Employee Pay Plan.
Both Ordinances Adopted on Second Reading.
16. First Reading of Ordinance No. 032, 2024, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
The purpose of this item is to request appropriation of $18,025.20 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation. In 2019, City Give, a formalized enterprise-wide initiative was
launched to create a transparent, non-partisan governance structure for the acceptance and
appropriations of charitable gifts.
Adopted on First Reading.
17. First Reading of Ordinance No. 033, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for the Future Design and Construction of the Fossil Creek Trail
Spur.
The purpose of this item is to request an appropriation for partial funding for the future construction
of the Fossil Creek Trail spur. This revenue is contributed from the developer. This trail spur is
identified in the South College Corridor Subarea Plan as “City built and maintained.” The
easement for the future trail spur was secured during the development review process of the Fort
Collins Nissan-Kia project. Per the South College Avenue Access Control Plan, this trail is of
regional significance and the Developer agreed to contribute their proportional share of the public
access trail project in the amount of $35,000. The Developer was required to provide the funds
prior to issuance of the project’s first building permit. The design and construction date of the
future trail spur at this time is unknown.
Adopted on First Reading.
18. First Reading of Ordinance No. 034, 2024, Authorizing Transfers of Appropriations for the
Xeriscape Incentive Program.
The purpose of this item is to support businesses, homeowner associations (“HOAs”) and other
commercial properties pursuing costly landscape projects that reduce water use long-term
through the Xeriscape Incentive Program by utilizing $75,104 in existing 2024 appropriations to
fund the City’s match requirement under this grant project.
Adopted on First Reading.
19. First Reading of Ordinance No. 035, 2024, Authorizing the Release of Restrictive
Covenants on Property at 2850 Sykes Drive, Developed by Fort Collins Habitat for
Humanity.
The purpose of this item is to obtain authorization from Council to terminate the HOME Investment
Partnership Funding Development Contract with Fort Collins Habitat for Humanity (Habitat) and
release the Agreement of Restrictive Covenants Affecting Real Property on the single-family
home located at 2850 Sykes Drive. Termination of the contract and release of the Agreement of
Restrictive Covenants is required for Fort Collins Habitat for Humanity to move forward with the
sale of the home to the buyer.
Adopted on First Reading.
Page 49
Item 1.
City of Fort Collins Page 328 City Council Proceedings
20. First Reading of Ordinance No. 036, 2024, Approving the Vacation of a Portion of Two
Easements Originally Dedicated in that Certain Replat of Coachlight Plaza PUD.
The purpose of this item is to approve the vacation of a 1,077 square foot portion of two
easements (8’ Electrical Easement and an 8’ Telephone Easement) (the “Easements”) that are
no longer required by the City because they are currently located beneath a newly constructed
building envelope.
Adopted on First Reading.
21. Resolution 2024-009 Approving Fort Fund Special Event Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Special Event Grant – January Deadline category, based upon the recommendations of the
Cultural Resources Board.
Adopted.
22. Resolution 2024-010 Authorizing the Initiation of Exclusion Proceedings of Annexed
Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing
an Intergovernmental Agreement with Said District.
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude the property annexed into the City in 2023 from the Poudre Valley Fire Protection
District (the “District”) in accordance with state law. The property affected by this Resolution is
the Thompson Thrift Spaulding Addition Annexation. Colorado Revised Statutes Section 32-1-
502 requires an order of exclusion from the District Court to remove the annexed property from
special district territories. The property has been receiving fire protection services from the
Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in
Larimer County District Court each year seeking exclusion for all properties annexed in the
previous year that should be removed from the District to avoid double taxation.
Adopted.
23. Resolution 2024-011 Authorizing the City Manager to Execute an Agreement Between the
City of Fort Collins and the City of Greeley Regarding Certain Aspects of the Halligan Water
Supply Project, Including Water Quality Analysis, Mitigation Measures, and Milton Seaman
Reservoir Release Gate Design.
The purpose of this item is to authorize a proposed agreement (“Proposed Agreement”) between
the City of Fort Collins (“Fort Collins”) and the City of Greeley (“Greeley”) (together, “Cities”)
regarding certain aspects of the Halligan Water Supply Project (“Halligan Project”). Greeley owns
Milton Seaman Reservoir on the North Fork of the Poudre River (“North Fork”), downstream of
the Halligan Project. Greeley is undergoing a time sensitive capital infrastructure replacement
project for the release gate on their reservoir. Fort Collins desires that the new release gate also
be able to bypass and account for Halligan Project releases. In addition, Greeley anticipates that
there may be water quality impacts caused by certain operational changes due to the Halligan
Project. The Cities are working collaboratively on these issues.
Under the Proposed Agreement, the Cities would collaboratively study and do design work. The
Cities would:
retain AECOM as a consultant for Phase 1 (Analysis and Preliminary Design) to perform a
jointly agreed upon scope of work (release gate design and water quality identification and
mitigation);
Page 50
Item 1.
City of Fort Collins Page 329 City Council Proceedings
agree to use the results of Phase 1 to develop a plan for Phase 2 (Implementation); and
agree to a 50/50 cost share for Phase 1, $553,490 (Fort Collins’ obligation $276,745).
Fort Collins staff’s analyses indicate that the Proposed Agreement is beneficial to the City and
the Halligan Project. An anticipated subsequent agreement on Phase 2 would be brought to
Council.
Adopted.
24. Resolution 2024-012 Adopting Findings of Fact in Support of the City Council’s Decision
on Appeal to Uphold the Planning and Zoning Commission Approval of the Polestar Village
Project Development Plan PDP220010.
The purpose of this item is to make Findings of Fact and Conclusions regarding Council’s decision
at the February 6, 2024, appeal hearing upholding the Planning and Zoning Commission’s
decision to approve the Polestar Village Project Development Plan.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to approve the
recommended actions on items 1-24 on the Consent Calendar.
The motion carried 6-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Pignataro, Potyondy,
and Gutowsky.
Absent: Councilmember Ohlson.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Gutowsky commented on Item No. 3, Second Reading of Ordinance No. 013, 2024,
Appropriating Philanthropic Revenue Received by City Give for the Renovation of the Historic
Carnegie Library, stating the renovations will be very exciting.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Potyondy
Reported on a recent listening session during which the cease fire resolution was also discussed.
She acknowledged the difficulty of the issue and noted people in the community are hurting.
Clerk’s Note: Mayor Arndt called for a fifteen-minute break at 9:28 p.m. The meeting resumed at
9:45 p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
Page 51
Item 1.
City of Fort Collins Page 330 City Council Proceedings
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
25. Second Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue
Received Through City Give for Park Planning and Development to Fund Pickleball Site
Feasibility and Community Engagement.
This Ordinance, adopted on First Reading on February 6, 2024, by a vote of 5-1 (Nays:
Councilmember Francis; Absent: Councilmember Pignataro) is to request an appropriation of
$40,000 in philanthropic revenue received by City Give for Park Planning & Development, for site
feasibility and community engagement toward a future City-owned pickleball complex.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
PUBLIC COMMENT
No public comment.
COUNCIL DISCUSSION
Mayor Pro Tem Francis thanked staff for meeting with her to discuss this issue. She stated that
while she disagrees with the way this part of the City Gives program is being handled, the
pickleball club did follow the appropriate process and she will support the item.
Councilmember Gutowsky spoke in support of the pickleball feasibility study.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received Through City
Give for Park Planning and Development to Fund Pickleball Site Feasibility and Community
Engagement, on Second Reading.
The motion carried 6-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Pignataro,
Potyondy, and Gutowsky.
Absent: Councilmember Ohlson.
26. First Reading of Ordinance No. 037, 2024, Authorizing the Conveyance to N College 1311,
LLC, of a Portion of the City Property Designated as the Future Hickory Detention Pond in
Exchange for Adjoining Property and Other Valuable Consideration.
The purpose of this item is to approve an Ordinance that would permit the conveyance of
approximately 1.31 acres (57,064 sf) of City property (the “Conveyed Parcel”) to N College 1311,
LLC, (“Owner”), as well as a possible temporary construction easement or license to enter, and
acceptance of Natural Habitat Buffer Zone on City property, in exchange for approximately 2.43
acres (105,723 sf) of Owner’s adjoining property (the “Received Parcel”) and other valuable
consideration.
Jason Graham, Utilities Water Director, outlined the proposed land exchange between the City of
Fort Collins Stormwater Utility and N College 1311, LLC for the purpose of improving the
stormwater and floodplain protection infrastructure.
Ralph Campano, Real Estate Manager, discussed the property location north of Hickory Street
on North Mason Drive and detailed the property exchange and beneficial financial impacts.
PUBLIC COMMENT
Page 52
Item 1.
City of Fort Collins Page 331 City Council Proceedings
No public comment.
COUNCIL DISCUSSION
Mayor Pro Tem Francis noted the stormwater detention pond is a key piece necessary to move
forward with development and restoration.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Ordinance No. 037, 2024, Authorizing the Conveyance to N College 1311, LLC, of a Portion
of the City Property Designated as the Future Hickory Detention Pond in Exchange for
Adjoining Property and Other Valuable Consideration, on First Reading.
The motion carried 6-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Pignataro,
Potyondy, and Gutowsky.
Absent: Councilmember Ohlson.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
None.
Mayor Pro Tem Francis stated a cease fire resolution is not the will of Council and it will not
be considered.
OB 2. Consideration of a motion to adjourn to 6:00 p.m. on February 27, 2024, for the purpose
of considering adoption of Council Priorities.
Mayor Pro Tem Frances moved, seconded by Councilmember Canonico, that Council
adjourn this meeting to 6:00 p.m. on Tuesday, February 27, 2024, in order to consider
adoption of Council priorities and such other business as may come before Council.
The motion carried 6-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Pignataro,
Potyondy, and Gutowsky.
Absent: Councilmember Ohlson.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:55 p.m.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Page 53
Item 1.
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 032, 2024, Appropriating Prior Year Reserves and Unanticipated
Philanthropic Revenue Received Through City Give for Various Programs and Services as
Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 20, 2024, appropriates $18,025.20
in philanthropic revenue received through City Give. These miscellaneous gifts to various City
departments support a variety of programs and services and are aligned with both the City’s strategic
priorities and the respective donors’ designation. In 2019, City Give, a formalized enterprise-wide initiative
was launched to create a transparent, non-partisan governance structure for the acceptance and
appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations supporting various departments totaling
$18,025.20 and these funds are currently unappropriated.
As acknowledged by Section 2.5 of the City's Fiscal Management Policy 2-Revenue approved by City
Council, the City Manager has adopted the City Give Financial Governance Policy to provide for the
responsible and efficient management of charitable donations to the City.
These generous donations have been directed by the respective donors to be used by the City for
designated uses within and for the benefit of City service areas and programs. These gifts represent a
range of support for City programming and services: Lincoln Center Performances, The Farm, Forestry,
and the Youth Golf Scholarship Fund.
Page 54
Item 2.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $10,514 received in 2023 being appropriated from prior year reserves,
and $7,511.20 in new philanthropic revenue received in 2024 through City Give for gifts to various City
departments support a variety of programs and services.
The donations shall be expended from the designated fund solely for the donor’s directed intent:
From Prior Year Reserves:
Cultural Services & Facilities Fund $6,250.00
General Fund $ 500.00
Golf Fund $3,764.00
From New Unanticipated Philanthropic Revenue:
General Fund $1,511.20
Recreation Fund $1,000.00
Transportation Fund $5,000.00
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from the City funds in which they have been deposited and will not cause the total amount
appropriated in those City funds to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in the General Fund during fiscal year 2024.
ATTACHMENTS
First Reading attachments not included
1. Ordinance for Consideration
Page 55
Item 2.
-1-
ORDINANCE NO. 032, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND
UNATICIPATED PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR VARIOUS PROGRAMS AND
SERVICES AS DESIGNATED BY THE DONORS
A. The City received in 2023 four donations totaling $10,514 and in 2024 six
donations totaling $7,511.20 to be used for various City programs and services, which
donations are each $5,000 or less.
B. The donors have directed these donations to be used solely by the City for
certain designated uses.
C. As acknowledged by Section 2.5 of the City’s Fiscal Management Policy 2
– Revenue approved by City Council, the City Manager has adopted the City Give
Financial Governance Policy to provide for the responsible and efficient management of
charitable donations to the City (the “City Give Policy”).
D. Section 52.2.C. of the City Give Policy authorizes the City Give Director to
accept donations of $5,000 or less for the City service area intended by the donor to be
benefited and Section 52.2.D. of the City Give Policy similarly authorizes the City
Manager to accept donations of more than $5,000 up to $100,000.
E. As so authorized, the City Give Director and City Manager have accepted
for the benefited City service areas, as applicable, the donations to be appropriated in
this Ordinance to be used solely as directed by each donor.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
H. The City Manager has recommended the appropriations described in
Sections 1 and 2 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the funds named in
Sections 1 and 2 and will not cause the total amount appropriated in each such fund to
exceed the current estimate of actual and anticipated revenues to be received in those
funds during this fiscal year.
Page 56
Item 2.
-2-
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, a federal, state or private gra nt or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the donation or the
City’s expenditure of all funds received from such donation .
J. The City Council wishes to designate the appropriation herein for various
City Give donations as an appropriation that shall lapse at the end of this fiscal year,
except for the appropriation from the Golf Fund for a golf scholarship, which shall be non -
lapsing.
K. These appropriations will serve the public purpose of providing additional
revenue to each of the benefited service areas to aid them in accomplishing the public
purposes for which each service area is established thereby benefiting the public’s he alth,
safety and welfare.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds these amounts
of philanthropic revenue held in prior year reserves to be expended as designated by the
donors:
Cultural Services &
Facilities Fund $6,250
General Fund $500
Golf Fund $3,764
Section 2. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2024 to be expended as designated by the donors:
General Fund $1,511.20
Recreation Fund $1,000
Transportation Fund $5,000
Section 3. As authorized in Article V, Section 11 of the City Charter, the
appropriations herein for various City Give donations are hereby designated as
appropriations that shall lapse at the end of this fiscal year; provided, however, that the
appropriation herein from the Golf Fund for a golf scholarship donation is hereby
designated as an appropriation that shall not lapse at the end of this fiscal year but shall
Page 57
Item 2.
-3-
continue until the earlier of the expiration of the donation or the City’s expenditure of all
funds received from such donation.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 29, 2024
Approving Attorney: Ryan Malarky
Page 58
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Missy Nelson, Parks & Park Planning & Development, Sr. Technical Project Manager
Kristin Flower, Parks & Park Planning & Development, Analyst II, Finance
Jill Wuertz, Park Planning & Development Senior Manager
Mike Calhoon, Parks Director
SUBJECT
Second Reading of Ordinance No. 033, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for the Future Design and Construction of the Fossil Creek Trail Spur.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 20, 2024, appropriates partial funding
for the future construction of the Fossil Creek Trail spur. This revenue is contributed from the developer.
This trail spur is identified in the South College Corridor Subarea Plan as “City built and maintained.” The
easement for the future trail spur was secured during the development review process of the Fort Collins
Nissan-Kia project. Per the South College Avenue Access Control Plan, this trail is of regional significance
and the Developer agreed to contribute their proportional share of the public access trail project in the
amount of $35,000. The Developer was required to provide the funds prior to issuance of the project’s first
building permit. The design and construction date of the future trail spur at this time is unknown.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Project
In addition to the summary above, the design and construction date of the future trail spur is unknown and
funds will be held until such time the remaining easements for this spur trail project are secured.
CITY FINANCIAL IMPACTS
Developer’s proportionate share was based on the Property’s frontage of South College Avenue, ~.25
miles:
$35,000 – Cost for the Developer
The amount from the developer was received in December 2023 and was deposited in the Conservation
Trust Fund.
Page 59
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Park Planning and Development department reviewed and secured easement and funds during
the development review process for Fort Collins Nissan-Kia. The associated Project Development Plan,
PDP210017, was approved at the July 2022 Planning & Zoning Commission (Type 2) Hearing and the
associated Final Development Plan, FDP220011, was recorded 05/02/2023.
PUBLIC OUTREACH
Typical per Type II Development Review process: sign posting, mailers, neighborhood meeting.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 60
Item 3.
-1-
ORDINANCE NO. 033, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
CONSERVATION TRUST FUND FOR THE FUTURE DESIGN
AND CONSTRUCTION OF THE FOSSIL CREEK TRAIL SPUR
A. In July 2022, the City’s Planning and Zoning Commission approved a
Project Development Plan by Fort Collins Nissan-Kia (the “Developer”) and the Final
Development Plan was recorded on May 5, 2023.
B. During that development review process, the City secured an easement
from the Developer, located in the South College Corridor Subarea Plan, for the future
construction of the Fossil Creek Trail spur.
C. The Fossil Creek Trail offers over 8 miles of pave d pathway on the south
side of the City. This trail is of regional signif icance and the Developer agreed to contribute
their proportional share of the public access trail project in the amount of $35,000.
D. In December 2023 the City received those funds from the Developer and
the funds were deposited into the Conservation Trust Fund.
E. This appropriation benefits public health and welfare of the citizens of Fort
Collins and serves the public purpose and strategic objective of continuing the planned
buildout of the paved trail system.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropri ated from
the Conservation Trust Fund and will not cause the total amount appropriated in the
Conservation Trust Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the
Conservation Trust Fund the sum of THIRTY-FIVE THOUSAND DOLLARS ($35,000) to
be expended in the Conservation Trust Fund for the future design and construction of the
Fossil Creek Trail Spur as identified in the South College Corridor Plan.
Page 61
Item 3.
-2-
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 29, 2024
Approving Attorney: Sara Arfmann
Page 62
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Katie Collins, Water Conservation Specialist
Kerri Ishmael, Senior Analyst, Grant Administration
SUBJECT
Second Reading of Ordinance No. 034, 2024, Authorizing Transfers of Appropriations for the
Xeriscape Incentive Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 20, 2024, supports businesses,
homeowner associations (“HOAs”) and other commercial properties pursuing costly landscape projects
that reduce water use long-term through the Xeriscape Incentive Program by utilizing $75,104 in existing
2024 appropriations to fund the City’s match requirement under this grant project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Xeriscape Incentive Program (“XIP”) supports Fort Collins Utilities (“Utilities”) water customers by
providing funding for landscape retrofit projects that reduce outdoor water use long-term. The typical
existing commercial landscape in Fort Collins is made up mostly of bluegrass, which, on average, requires
15-18 gallons of supplemental irrigation water per square foot of area, per growing season. Reducing the
total amount of bluegrass on a property along with reconfiguring irrigation systems may cut a property’s
landscape water requirement by 30% or more, but retrofit projects are costly. XIP is one tool to help reduce
barriers to landscape conversions, providing rebates of $1.50 per square foot of area converted from high-
to low- water landscape. More information about the XIP can be found at fcgov.com/xip.
Reducing outdoor water use is one of several effective water demand management tools. Since 2020,
when Utilities started offering XIP funding for commercial water customers, XIP has funded 27 projects
across HOAs, businesses and county properties. In total, 19 acres of bluegrass have been replaced with
low-water landscape. The water savings for the 27 completed projects is estimated at 18 acre-feet per year
compared to pre-project water use.
In support of XIP, the Bureau of Reclamation (“BOR”) awarded the City $75,000 for XIP projects. The City
committed $95,000 to support a total of $170,000 in rebates under this grant project.
The grant project has been operating, with the City needing to contribute $75,104 to allowable rebates
under the grant project. Based on changes made to provide more transparency over grant projects,
Page 63
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
including tracking of City’s required matching funds, the $75,104 in 2024 appropriated funds in the Water
Fund will be transferred to the grant project.
The City’s matching funds of $75,104 were appropriated in the 2024 operating budget for Water
Conservation.
CITY FINANCIAL IMPACTS
This item authorizes transfer of $75,104 in required matching funds for the grant project that have already
been appropriated in the Water Fund, specifically in the 2024 operating budget for Water Conservation.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 64
Item 4.
-1-
ORDINANCE NO. 034, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR
THE XERISCAPE INCENTIVE PROGRAM
A. The City owns and operates Fort Collins Utilities (“Utilities”), which includes
a water utility that provides water to customers in its service area.
B. Water conservation and efficiency comprise a tool Utilities uses, primarily
through the Utilities Water Conservation Division, to manage and reduce the demand for
water service by Utilities customers, which is benef icial to the City, the water utility, and
its ratepayers by, among other reasons, reducing demand on water supplies and helping
to ensure that the demand for water does not exceed supplies .
C. Utilities has developed the Xeriscape Incentive Program (“XIP”) to support
customers seeking to transform their large-scale landscapes to use less water from
Utilities, such as those of homeowners’ associations and commercial customers.
D. The United States Department of the Interior, Bureau of Reclamation
(“Reclamation”) has a Water SMART (Sustain and Manage America’s Resources for
Tomorrow) Program that provides grants to water conservation programs. Reclamation
previously awarded the City a grant of $75,000 for XIP.
E. In order to fully utilize such Reclamation grant funds, the City needs to
contribute $75,104 in matching funds. The 2024 appropriated funds in the Water Fund
contain sufficient funds that can be transferred to be utilized as such matching funds.
F. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
G. The City Manager has recommended the transfer of $75,104 from the Water
Fund Operating Budget to the Water Fund Xeriscape Project Budget and determined that
the purpose for which the transferred funds are to be expended remains unchanged.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for the Water Fund Xeriscape
Incentive Program, that such appropriation shall not lapse at the end of the fiscal year in
which the appropriation is made, but continue until the earlier of the expiration of the
federal, state or private grant the City’s expenditure of all funds received from such grant.
Page 65
Item 4.
-2-
I. The City Council wishes to designate the appropriation herein for the Water
Fund Xeriscape Incentive Program as an appropriation that shall not lapse until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of Water
Fund the sum of SEVENTY-FIVE THOUSAND ONE HUNDRED FOUR DOLLARS
($75,104) to be transferred from the Water Fund’s Water Conservation Operating Budget
to be expended in the Water Fund for the Xeriscape Incentive Program Grant Budget.
Section 2. The appropriation herein for the Xeriscape Incentive Program Grant
is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 29, 2024
Approving Attorney: Eric Potyondy
Page 66
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Beth Rosen, Grants Compliance and Policy Manager
SUBJECT
Second Reading of Ordinance No. 035, 2024, Authorizing the Release of Restrictive Covenants on
Property at 2850 Sykes Drive, Developed by Fort Collins Habitat for Humanity.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 20, 2024, authorizes the termination
of the HOME Investment Partnership Funding Development Contract with Fort Collins Habitat for Humanity
(Habitat) and release the Agreement of Restrictive Covenants Affecting Real Property on the single-family
home located at 2850 Sykes Drive. Termination of the contract and release of the Agreement of Restrictive
Covenants is required for Fort Collins Habitat for Humanity to move forward with the sale of the home to
the buyer.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
On April 13, 2023, the City entered into a Development Contract for HOME Investment Partnership (HOME)
funding with Fort Collins Habitat for Humanity. The contract provided for the payment of $80,000 in HOME
funding to support the construction costs of a single-family home built in partnership with the Geometry in
Construction program at Poudre High School (PHS). The contract funding agreement was secured by a
Promissory Note, Deed of Trust and Agreement of Restrictive Covenants ensuring the home would be
transferred to an income eligible buyer and remain affordable for a period of 20 years.
Funds were to be provided as a reimbursement of eligible construction costs to reduce the purchase price
of the home for the income qualified buyer. No payments have been made under the terms of the contract.
At the time of contracting, an income eligible homeowner had been selected through Habitat’s rigorous
selection process. The selected buyer has since completed all program requirements and contributed the
required sweat equity towards the building of the hom e. However, on January 5, 2024, Habitat submitted
a letter to the City of Fort Collins requesting termination of the contract so they can sell the property to the
buyer because the buyer no longer meets applicable income restrictions. Termination of the contract and
release of the Agreement of Restrictive Covenants would allow Habitat to move forward with the sale of
the unrestricted home to the buyer.
Page 67
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
If approved, this home will not receive any investment of City or federal funds and will not be a part of the
long-term affordable housing inventory. Habitat will retain a first right of refusal to purchase the home back
from the owner and may seek future funding to subsidize the home for a subsequent buyer.
CITY FINANCIAL IMPACTS
The $80,000 in unexpended HOME funds will go into the Spring 2024 Competitive Process to be allocated
to another affordable housing project. Habitat for Humanity continues to build affordable home ownership
units and will apply for funding to support the development of four new units at Harmony Cottages. Funding
recommendations related to the reallocation of funds will be presented to Council in June as part of th e
2024 Competitive Process Funding Recommendations.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Human Services and Housing Funding Board voted to recommend this request at its regular Board
meeting held on January 10, 2024.
The Affordable Housing Board voted to recommend this request at its regular Board meeting held on
February 1, 2024.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 68
Item 5.
-1-
ORDINANCE NO. 035, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE RELEASE OF RESTRICTIVE
COVENANTS ON PROPERTY AT 2850 SYKES DRIVE,
DEVELOPED BY FORT COLLINS HABITAT FOR HUMANITY
A. On April 13, 2023, the City of Fort Collins entered into a Development
Contract (the “Agreement”) for HOME Investment Partnership (“HOME”) funding with Fort
Collins Habitat for Humanity.
B. The Agreement provided for the payment of $80,000 in HOME funding to
support the construction costs of a single-family home built in partnership with the
Geometry in Construction program at Poudre High School. The property is located at
2850 Sykes Drive (the “Property”).
C. The HOME funding was secured by a Promissory Note, Deed of Trust and
Agreement of Restrictive Covenants ensuring the Property would be transferred to an
income eligible buyer and remain affordable for a period of 20 years (the “Covenant”).
D. Funding under the Agreement was to be provided as a reimbursement of
eligible construction costs to reduce the purchase price of the Property for the income-
qualified buyer. No payments have been made by the City under the terms of the
Agreement.
E. At the time of execution of the Agreement, an income eligible buyer
("Buyer") had been selected through Habitat for Humanity’s selection process. The Buyer
has since completed all program requirements and contributed the required physical work
towards the building of the home on the Property.
F. On January 5, 2024, Habitat for Humanity requested termination of the
Agreement so it can sell the Property to the Buyer, who now does not meet applicable
income requirements. Termination of the Agreement and release of the Covenant would
allow Habitat for Humanity to sell the Property to the Buyer. Further, there is no negative
financial impact to the City because City staff will add the unpaid HOME funding to the
funds distributed through the Social Sustainability’s annual competitive process.
G. The City’s right under the Covenant to restrict the use of the Property
constitutes an interest in real property owned by the City that the City would be giving up
by releasing the Covenant.
H. City Code Section 23-111(a) states that the City Council is authorized to
sell, convey or otherwise dispose of any interest in real property owned by the City,
provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City.
Page 69
Item 5.
-2-
I. Authorizing the release of the Covenant in these circumstances provides
flexibility to Habitat for Humanity to administer its affordable housing program, allowing it
to both honor its commitment to the Buyer and to maximize its creation of new affordable
housing in Fort Colins. Accordingly, the City Council hereby finds that releasing the
Covenant on the Property on the terms and conditions described herein is in the best
interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the City Manager to execute
such documents as are necessary to release the Property from the Covenant on terms
and conditions consistent with this Ordinance, along with such other terms and conditions
as the City Manager, in consultation with the City Attorney, determines are necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Ordinance.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 29, 2024
Approving Attorney: Ted Hewitt
Page 70
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Sophie Buckingham, Civil Engineer II
Marissa Pomerleau, Development Review Coordinator
SUBJECT
Second Reading of Ordinance No. 036, 2024, Approving the Vacation of a Portion of Two Easements
Originally Dedicated in that Certain Replat of Coachlight Plaza PUD.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 20, 2024, approves the vacation of
a 1,077 square foot portion of two easements (8’ Electrical Easement and an 8’ Telephone Easement) (the
“Easements”) that are no longer required by the City because they are currently located beneath a newly
constructed building envelope.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The Easements were originally dedicated to the City in that certain Replat of Coachlight Plaza, recorded
on March 1, 1982, with the Larimer County Clerk and Recorder (the “Replat”).
On May 31, 2022, Coachlight Apartments LLLP (the “Owner”) acquired the property burdened by the
Easements, and subsequently applied for a building permit to enlarge and remodel the original structure
served by the Easements. On April 24, 2023, construction of the new building (the “New Building”) was
approved by the Building and Development Review Department, which issued Building Permit #B2109742
(the “Permit”). Construction was completed shortly thereafter and the Permit was closed out on November
2, 2023, thereby ending the development review process.
The Owner recently advised the City that the Easements were actually located underneath the New
Building and that their final funding is contingent upon obtaining releases of that portion of the Easements
that underly the New Building. The Easements do not contain any public utilities, and the Development
Review Coordinator approves of the vacation of the Easements. However, the vacation of the Easements
requires City Council approval because the construction project for the New Building is no longer in the
development review process.
CITY FINANCIAL IMPACTS
None.
Page 71
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The City’s Building and Development Review Department has approved the vacation of the Easement.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 72
Item 6.
-1-
ORDINANCE NO. 036, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE VACATION OF A PORTION OF TWO
EASEMENTS ORIGINALLY DEDICATED IN THAT CERTAIN
REPLAT OF COACHLIGHT PLAZA PUD
A. The easements at issue were dedicated to the City in that certain Replat of
Coachlight Plaza, PUD, recorded on March 1, 1982, with the Larimer Couty Clerk and
Recorder, in Book 2156, Page 1197.
B. The easements include an easement for electrical improvements and an
easement for telephone improvements (the “Easements”).
C. In May 2022, Coachlight Apartments, LLLP (“Coachlight”), the owner of the
property burdened by the Easements, applied to the City for a building permit to enlarge
and remodel the original building served by the Easements.
D. In or about April 2023, Coachlight began construction of the new building
pursuant to a City-issued building permit, which was closed out on November 2, 2023,
after Coachlight completed construction. The closure of the building permit ended
Coachlight’s involvement in the City’s development review process.
E. Coachlight recently advised the City that to obtain its final funding for the
project that it must obtain releases of that portion of the Easements underlying the new
building, said portion totaling 1,077 square feet.
F. City staff are recommending the City Council vacate the portion of the
Easements described on Exhibit “A”, attached and incorporate herein by this reference.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the portion s
of the Easements, more particularly described on Exhibit “A ,” are no longer needed or
required and that it is in the public interest to vacate the same.
Section 2. That the specified portions of the Easements are hereby vacated,
abated and abolished, providing that:
(a) This vacation shall not take effect until this Ordinance is recorded
with the Larimer County Clerk and Recorder by the property owner or its
agent.
(b) If this Ordinance is not recorded by December 31, 2024, then this
Ordinance shall become null and void and of no force and effect.
Page 73
Item 6.
-2-
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on the March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 29, 2024
Approving Attorney: Ryan Malarky
Page 74
Item 6.
EXHIBIT “A”
December 13, 2023
A description of a portion of an 8-foot Electric Easement and a portion of an 8-foot Telephone
Easement within The Replat of Coachlight Plaza to be vacated by City of Fort Collins. For:
Coachlight Apartments LLLP.
LEGAL DESCRIPTION
All of that part of an 8-foot Electric Easement and a part of an 8-foot Telephone Easement set forth on
the plat of The Replat of Coachlight Plaza, a subdivision of the City of Fort Collins located in the
NW1/4 of Section 1, T7N, R69W of the 6th P.M., County of Larimer, State of Colorado, recorded
March 1, 1982, in Book 2156 at Page 1197 of the records of Larimer County, Colorado, which lies
within the Community Building of Coachlight Apartments, described as follows:
COMMENCING at the Southwest Corner of said The Replat of Coachlight Plaza from which the
Northwest Corner of said The Replat of Coachlight Plaza bears N00°00'00"E, 585.69 feet (Basis of
Bearing), thence N33°24'16"E, 247.03 feet a point of intersection of the Southerly Line of the
Community Building and Easterly Line said 8-foot Electric Easement and the POINT OF
BEGINNING;
Thence N89°53'20"W, 8.00 feet along the Southerly Line of said Community Building to the Westerly
Line of said 8-foot Electric Easement;
The following courses and distances are along the Westerly, Southerly, Easterly, and Northerly Lines
of said 8-foot Electric Easement:
Thence N00°00'00"E, 33.76 feet;
Thence N90°00'00"W, 26.00 feet;
Thence N00°00'00"E, 8.00 feet;
Thence N90°00'00"E, 34.00 feet;
Thence S00°00'00"E, 14.00 feet to the Northerly Line of said 8-foot Telephone Easement;
Thence leaving the Easterly Line of said 8-foot Electric Easement, N90°00'00"E, 30.02 feet along the
Northerly Line of said 8-foot Telephone Easement to an angle point thereof;
EXHIBIT A TO ORDINANCE NO. 036, 2024
Page 75
Item 6.
Thence N00°00'00"E, 20.26 feet along the Westerly Line of said 8-foot Telephone Easement to the
Northerly Line of said Community Building;
Thence S89°53'20"E, 8.00 feet along the Northerly Line of said Community Building to the Easterly
Line of said 8-foot Telephone Easement;
Thence S00°00'00"E, 20.25 feet along the Easterly Line of said 8-foot Telephone Easement to an angle
point thereof;
Thence N90°00'00"E, 8.62 feet along the Northerly Line of said 8-foot Telephone Easement to the
Easterly Line of said Community Building;
Thence S00°06'40"W, 8.00 feet along the Easterly Line of said Community Building to the Southerly
Line of said 8-foot Telephone Easement;
Thence N90°00'00"W, 46.63 feet along the Southerly Line of said 8-foot Telephone Easement to the
Easterly Line of said 8-foot Electric Easement;
Thence S00°00'00"E, 19.78 feet along the Easterly Line of said 8-foot Electric Easement to the POINT
OF BEGINNING.
Area = 1,077 square feet acres (0.025 acres), more or less.
NOTICE: According to Colorado law you must
commence any legal action based upon any defect in this
survey within three years after you first discovered such
defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years
from the date of the certification shown hereon.
Frank N. Drexel
Colorado Professional Land
Surveyor No. 24305
1500 Kansas Ave #2-E, Longmont, CO 80501
Date: 12-13-23
File: 17211-E lgl.doc Project: 1721-1
EXHIBIT A TO ORDINANCE NO. 036, 2024
Page 76
Item 6.
FOUND NBD -_ 7' WC 7
N69i 8'30"W _}
7.00' I II 11 Ir oF
SHEET 3 OF 3 8' TELEPHONE ESMT ·1 I ----.
BK 2156, PG 1197
8' ELECTRIC ESMT. I ICITY OF FORT COLLINS
[Hf Rf{J[iGHT coApLA��9 7
BK 2156, PG 1197 I I
,.........,....�,+--,--,� ��-1r-1L9
/( 2156, 11 L11 e I II
---8�------�Q��:_11_ I
------80'
PQINT OF COMMENCEMENT
FOUND #5 REBAR W/
1-1/4" OPC MKD. "WLS PLS 38219" FGL.
0
EXHIBIT MAP
SCALE: 1"=40' DATE: 12-13-23 DWG: 17211-E.DWG
,......_ oi (.!) co z iri - co � LO w ID
LL !,J-1 Oo
(/) p -0 (/) 0 <( • ID 0..._...o
I I I ri1 1-
�Ul I �31;; Ii:!8;::
::>I-
(!) I11:a.. �o
.
IJJ IJ.. :8 I(!)LJ.� �O N
��ffi I OU
PORTION OF EASEMENT TO BE VACATED
1,077 S.F.
.i:\ �/""'::-·: cr rv: !v ,' -s ,t,_,/ �-�/ -..:.;:/ !;>/
;,/ I / i/�
,' I CITY OF FORT COLLINS
LINE #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
POINT OF BEGINNING
LINE TABLE
DIRECTION
N89"53'20"W
Noo·oo·oo·E
N9o·oo·oo·w
Noo·oo·oo·E
N90'00'00"E
soo·oo·oo·E
N90'00'00"E
Noo·oo·oo·E
S89'53'20"E
soo·oo·oo·E
N90'00'00"E
soo·o5•4o•w
N9o·oo·oo·w
soo·oo·oo·E
LENGTH
8.00'
33.76'
26.00'
8.00'
34.00'
14.00'
30.02'
20.26'
8.00'
20.25'
8.62'
8.00'
46.63'
19.78' // I I BK 2156, PG 1197
_/, --rt=£==-===f ====/ ,/ L �
38' DITCH & UTILITY ESMT / CITY OF FORT COLLINS
/ BK 2156, PG 1197
LOT 1
LEGEND
BK ..................... BOOK BLDG ................... BUILDING
ESMT ................... EASEMENT MKD .................... MARKED
NBD .................... FOUND ALUMINUM NAIL W/ 1" BRASS
DISK MKD. ·we 7 LS 24305" FLUSH
W/ CONC PAVEMENT. NFS -................... NOT FOUND OR SET
OPC .................... ORANGE PLASTIC CAP
PG ..................... PAGE WC ..................... WITNESS CORNER
NOTE
THIS EXHIBIT MAP IS INTENDED ONLY AS AN AID TO FOLLOW THE ATTACHED LEGAL DESCRIPTION AND DOES NOT REPRESENT A LAND SURVEY PLAT ACCORDING TO COLORADO STATUTES.
ENGINEERING : ! 1500 Kansas Ave., Suite 2-E PLANNING Longmont, CO 80501
SURVEYING :: P303.682.1131 C IV IL ART$ F303.682.1149
EXHIBIT A TO ORDINANCE NO. 036, 2024
Page 77
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jonathan Piefer, Senior Real Estate Specialist
Ralph Campano, Real Estate Services Manager
Jason Graham, Water Utilities Director
Ken Sampley, Stormwater Engineer/Development Review Director
SUBJECT
Second Reading of Ordinance No. 037, 2024, Authorizing the Conveyance to N College 1311, LLC,
of a Portion of the City Property Designated as the Future Hickory Detention Pond in Exchange for
Adjoining Property and Other Valuable Consideration.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 20, 2024, permits the conveyance of
approximately 1.31 acres (57,064 sf) of City property (the “Conveyed Parcel”) to N College 1311, LLC,
(“Owner”), as well as a possible temporary construction easement or license to enter, and acceptance of
Natural Habitat Buffer Zone on City property, in exchange for approximately 2.43 acres (105,723 sf) of
Owner’s adjoining property (the “Received Parcel”) and other valuable consideration.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading
BACKGROUND / DISCUSSION
Hickory Detention Pond
The Conveyed Parcel was purchased by the City on July 30, 2010, from Amada, LLC, as part of a 7.53
acre tract of land (the “City Property”) on Hickory Street intended to be used as a future regional stormwater
detention pond (the “Hickory Detention Pond”). The Hickory Detention Pond will provide stormwater runoff
detention, water quality treatment, and a stormwater outfall for new and existing developments in the North
College Area of the Dry Creek Basin. The future construction of Hickory Detention Pond will also provide
flood protection to southern portions of the Dry Creek Basin. The North College Urban Renewal Authority
identified the Hickory Detention Pond project as a top priority for investment in the area.
As a result of this proposed transaction (the “Subject Exchange”), the City will gain an additional net 1.12
acres (48,659 sf) (the “Additional Acreage”) to be used for the future construction and operation of Hickory
Detention Pond (the “Larger Pond Site”). The City will also obtain the additional benefits discussed below.
Page 78
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The Shelter Project
The Received Parcel was purchased by the Owner on May 6, 2019, as part of a 5.21 acre tract of land (the
“Owner Property”) intended to be used by the Fort Collins Rescue Mission (“FCRM”) for future development
of a supportive shelter project for those experiencing homelessness (the “Shelter Project”). FCRM has
submitted plans to the City for the Shelter Project, which is currently in the development review process.
The Owner has proposed the Subject Exchange as a mutually beneficial transaction: while site analysis
shows the Shelter Project can be built on the Owner Property without use of the City Property, the Subject
Exchange would benefit both the Shelter Project and the development of the Hickory Detention Pond by
optimizing the configuration of both Properties for their proposed uses. The Hickory Detention Pond would
benefit from more efficient capture of stormwater draining from the north, and the new alignment of the City
Property would allow for an existing tree grove to be incorporated into the Pond. If the Subject Exchange
does not happen, the City will need to acquire and maintain an easement across the Owner Property to
get stormwater from the north to the Hickory Detention Pond.
Land Valuation
The main issue to determine regarding the Subject Exchange is whether the City Stormwater Utility
ratepayers would be adequately compensated for the exchange of the Conveyed Parcel. To make this
determination, the City has relied primarily on an appraisal prepared by Jon Vaughan, MAI, SR/WA of
CBRE of Hickory Detention Pond using the Before and After methodology as it applies to the Subject
Exchange (the “Appraisal”).
Although the Additional Acreage will expand Hickory Detention Pond, the overall effect of the Subject
Exchange on the Larger Pond Site is a reduction in value. Primarily, the Subject Excha nge includes the
transfer of approximately 86,734 square feet of additional Natural Habitat Buffer Zone (“NHBZ”) onto the
Larger Pond Site, which restricts many types of development on approximately 44% of the Larger Pond
Site.
Additionally, the Larger Pond Site will have an irregular shape and reduced frontage on Mason Street,
which further limit its value based on future development potential. The Appraisal concluded that the
Subject Exchange results in a loss of $250,000 in Fair Market Value to the Cit y because the value of the
Larger Pond Site after the Subject Exchange is less than the value of the City Property before the Subject
Exchange.
Additional Consideration
The Subject Exchange includes related benefits that the City and Owner agree are in their respective best
interests and will compensate the Stormwater Utility for the reduction in value of the Larger Pond Site. This
additional consideration will be included in a Land Exchange Agreement for the Subject Exchange (the
“LEA”). The LEA will be finalized and executed prior to completing the exchange. Specifically, the parties
intend the LEA to include provisions for the Owner’s performance of excavation, clearing, grading, and
design of a portion of Hickory Detention Pond and NHBZ restoration on City Property in exchange for the
Owner’s use of fill materials from the City Property (the “Excavation Provisions”).
The Excavation Provisions will require the Owner to clear and grub approximately 8 acres of woody debris
and surface materials and then excavate approximately 29,000 cubic yards of soil on the Larger Pond Site.
This is a benefit to the City of approximately $620,000 towards the future construction of the final Hickory
Detention Pond. The Owner will also be responsible for the estimated cost of restoration on City Property
of approximately 2 Acres of NHBZ. The Owner will likely need a temporary construction easement or
license to enter from the City to complete the proposed work on the City Property.
Additionally, the Owner has completed engineering design of the preliminary grading of the Hickory
Detention Pond, the value of which has not been included in these numbers.
Page 79
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
It is important to note that while the irregular shape, loss of Mason Street Frontage and transfer NHBZ
areas to the City property have an adverse impact on fair market value, the changes do not significantly
impact the utility of the site as a stormwater detention pond.
Conclusion
City staff has concluded that the Subject Exchange is in the best interest of the Stormwater Utility
ratepayers because there will be Additional Acreage to be used for Hickory Detention Pond, and that plus
the financial benefits to the City as a result of the Excavation Provisions, and the other City benefits will
outweigh any loss in value to the Hickory Detention Pond property as a result of the Subject Exchange.
CITY FINANCIAL IMPACTS
Other than staff time and related expenses, the only additional cost to the City associated with the Subject
Exchange is a loss in land value of approximately $250,000, which is offset by four beneficial impacts:
1. The $620,000 cost savings to the City as a result of the Excavation Provisions, which is a net benefit
of $370,000;
2. The addition of 1.12 acres of land available for development as a stormwater pond;
3. NHBZ restoration of approximately 2 acres of land on the City Larger Pond Site; and
4. Detention Pond Design cost savings.
City staff recommends that the Subject Exchange not include any additional monetary consideration
because the City Utilities ratepayers will be adequately compensated as summarized above.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Water Commission will consider the Subject Exchange at its February 15, 2024, meeting and staff
anticipates the Commission will recommend its approval by Council.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Exhibit B to Ordinance
4. Exhibit C to Ordinance
5. Exhibit D to Ordinance
6. Exhibit E to Ordinance
Page 80
Item 7.
-1-
ORDINANCE NO. 037, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO N COLLEGE 1311, LLC, OF A
PORTION OF THE CITY PROPERTY DESIGNATED AS THE FUTURE
HICKORY DETENTION POND IN EXCHANGE FOR ADJOINING
PROPERTY AND OTHER VALUABLE CONSIDERATION
A. The City owns a 7.53 acre tract of land on Hickory Street (the “City
Property”) purchased in 2010 as the site for a future regional stormwater detention pond
(the “Hickory Detention Pond”). The Hickory Detention Pond will collect stormwater
draining from existing properties to the north and west that do not currently have adequate
stormwater infrastructure and release it into 2,350 feet of new storm sewer along the
future North Mason Street right-of-way. N College 1311, LLC, (“Owner”) owns a tract of
land adjacent to the City Property (the “1311 P roperty”). The City Property and 1311
Property are shown on Exhibit “A”, attached and incorporated herein by reference.
B. The 1311 Property is the proposed site for the Fort Collins Rescue Mission’s
new 24/7 shelter for persons experiencing homelessness (the “Shelter Project.”).
C. The Owner has proposed exchanging a 2.43 acre portion of the 1311
Property for a 1.31 acre portion of the City Property. While this exchange is not essential
for either project, it would facilitate development of both the Shelter Project and the
Hickory Detention Pond by optimizing the configuration of both Properties for their
proposed uses.
D. The property that the City would convey to the Owner (the “Conveyed
Parcel”) and the property the Owner would convey to the City (the “Received Parcel”) are
both shown on Exhibit “B”, attached and incorporated herein by reference. The
configuration of the City Property and the 1311 Property after the proposed exchange are
shown on Exhibit “C”, attached and incorporated herein by reference. Surveyed legal
descriptions of both the Conveyed Parcel and the Received Parcel would be created
before the parties close on the exchange of the Parcels.
E. Portions of both the City Property and the 1311 Property are within 500 feet
of an area or feature identified as a natural habitat or feature pursuant to Division 3.4 of
the City’s Land Use Code (a “Natural Habitat Buffer Zone” or “NHBZ”). A NHBZ limits
development but can be reduced in one area and expanded in another. Therefore, the
Owner is asking the City to agree to accept more of the NHBZ on the City Property to
increase the developable area on the 1311 Property. City staff does not object to this
proposal, as the NHBZ should not limit the City’s ability to construct the Hickory Detention
Pond.
F. The current locations of the NHBZ on both Properties is shown on Exhibit
“D”, and the location of the NHBZ on the City Property after the proposed property
exchange and relocation of the NHBZ is shown on Exhibit “E”, both attached and
incorporated herein by reference.
Page 81
Item 7.
-2-
G. Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided
that the City Council first finds, by ordinance, that such sale or other disposition is in the
best interests of the City; and, with respect to real property which is a part of the City's
water or utility systems, the City Council must also find that the disposition will not
materially impair the viability of the particular utility system as a whole and that it will be
for the benefit of the citizens of the City.
H. In addition, Section 23-114 of the City Code requires that any sale or other
conveyance of property interests app roved under section 23-111(a) be for an amount
equal to or greater than the fair market value of such interest.
I. City staff has determined through an outside appraisal prepared using the
“before and after” methodology that the City Property is currently work approximately
$1.57 million. But even though the Received Parcel is larger than the Conveyed Parcel,
after the proposed exchange the fair market value of the City Property would be
approximately $250,000 less than it is now, primarily because the exchange would
include the transfer of additional Natural Habitat Buffer Zone onto the City Property,
limiting its potential for development and therefore reducing its value.
J. The Owner has agreed, however, as additional consideration for the land
exchange, to be responsible for the design, excavation, clearing, and grading of a portion
of the Hickory Detention Pond and restoration of the NHBZ on the City Property as part
of the work on the Shelter Project. The Owner will be able to use dirt removed from such
excavation as fill on the 1311 Property.
K. The Owner or its contractor may require a license to enter or temporary
construction easement over the City Property shown on Exhibit C for work on the Hickory
Detention Pond.
L. The value to the City of the Received Parcel plus the work the Owner has
agreed to do on the City Property, less the value of the Conveyed Parcel, results in a net
gain to the City of approximately $370,000. The Owner’s design work for the Hickory
Detention Pond is not included in this amount but provides additional value to the City ;
staff therefore recommends that the City not charge the Owner any additional monetary
consideration for the proposed exchange.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City’s conveyance of the Conveyed Parcel and a temporary
construction easement or license to enter to the Owner, plus the City’s acceptance of
additional Natural Habitat Buffer Zone on the City Property, in exchange for the Received
Parcel plus additional services to be provided to the City by th e Owner on the City
Property is in the best interests of the City, will not materially impair the viability of the
Page 82
Item 7.
-3-
City’s stormwater utility system as a whole, and will be for the benefit of the citizens of the
City.
Section 2. The City Council hereby authorizes the Mayor to execute such
documents as are necessary to convey the Conveyed Parcel to the Owner on terms and
conditions consistent with this Ordinance, together with such terms and conditions as the
City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, including, but not limited to, any necessary
changes to the legal description of the Conveyed Parcel, as long as such changes do not
materially increase the size or change the character of the interest to be conveyed.
Section 3. The City Council also authorizes the Mayor or City Manager, as
appropriate, to execute such additional documents as may be necessary to (i) convey a
temporary construction easement or license to enter to the Owner for the purpose of doing
work on the Hickory Detention Pond, and (ii) accept or allow transfer of additional Natural
Habitat Buffer Zone onto the City Property as shown on Exhibit E, on terms and conditions
consistent with this Ordinance, together with such terms and conditions as the City
Manager, in consultation with the City Attorney, determines are necessary or appropriate
to protect the interests of the City, including, but not limited to, any necessary changes to
the legal description of the property interests involved, as long as such changes do not
materially increase the size or change the character of the interests to be conveyed.
Section 4. The City Council’s approval of the property exchange described
herein does not signify the Council’s approval of the Shelter Project, which must comply
with all applicable standards and requirements of the City’s development review process.
Introduced, considered favorably on first reading on February 20, 2024, and
approved on second reading for final passage on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 29, 2024
Approving Attorney: Ingrid Decker
Page 83
Item 7.
Exhibit A - Properties Before Exchange
City
Property –
7.53 Acres
1311
Property –
5.92 Acres
EXHIBIT A TO ORDINANCE NO. 037, 2024
Page 84
Item 7.
Exhibit B - Exchange Parcels
Conveyed Parcel
(City to Owner) – 1.31 Acres
Received Parcel
(Owner to City) – 2.43 Acres
EXHIBIT B TO ORDINANCE NO. 037, 2024
Page 85
Item 7.
Exhibit C - Properties After Exchange
City
Property –
8.65 Acres
1311
Property –
4.8 Acres
EXHIBIT C TO ORDINANCE NO. 037, 2024
Page 86
Item 7.
NORTH
X
X
F ES
M
CABLE
X
CT
V
CT
V
CTVCTV
OHU
XXXXX
X
X
X
CTV
CT
V
D
S
F ES
F ES
W W W W W W W W W W
XXXXXXX
OHU OHU OHU
X
X
X
X
X
X
D
AREA B
36,808 SF AREA C
10,239 SF
AREA E
39,687 SF
LOT 1
(FUTURE CITY OF FORT COLLINS
REGIONAL DETENTION)
LOT 2
LOT 3
LOT LINE PRIOR TO
LAND SWAP
LOT LINE AFTER
LAND SWAP
AREA A
60,449 SF
AREA D
16,839 SF
T
R
A
C
T
A
HIBDON STREET
M
A
S
O
N
S
T
R
E
E
T
AREA ID AREA ON CITY PROPERTY
PRIOR TO LAND SWAP
AREA ON N COLLEGE 1311 LLC
PROPERTY PRIOR TO LAND SWAP
A 60,449
B 36,808
C 10,239
D 16,839
E 39,687
TOTAL 56,526 107,496
Exhibit D - Natural Habitat Buffer Zone
(NHBZ) Before Proposed Transfer
EXHIBIT D TO ORDINANCE NO. 037, 2024
Page 87
Item 7.
NORTH
X
X
F ES
M
CABLE
X
CT
V
CT
V
CTVCTV
OHU
XXXXX
X
X
X
CTV
CT
V
D
S
F ES
F ES
W W W W W W W W W W
XXXXXXX
OHU OHU OHU
X
X
X
X
X
X
D
LOT 1
(FUTURE CITY OF FORT COLLINS
REGIONAL DETENTION)
LOT 2
LOT 3
LOT LINE AFTER
LAND SWAP
AREA A
60,449 SF
AREA D
16,839 SF
AREA A
60,449 SF
AREA D
16,839 SF
AREA F
86,734 SF
T
R
A
C
T
A
HIBDON STREET
M
A
S
O
N
S
T
R
E
E
T
AREA ID AREA ON CITY PROPERTY
AFTER LAND SWAP
AREA ON N COLLEGE 1311 LLC
PROPERTY AFTER LAND SWAP
A 60,449
B
C
D 16,839
E
F 86,734
TOTAL 164,022
Exhibit E - Natural Habitat Buffer Zone
(NHBZ) After Proposed Transfer
EXHIBIT E TO ORDINANCE 037, 2024
Page 88
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Items Relating to the Laporte Avenue Multimodal Improvement Project.
EXECUTIVE SUMMARY
A. Resolution 2024-025 Authorizing an Amendment to an Existing Intergovernmental Agreement between
the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the Laporte Avenue
Multimodal Improvement Project.
B. First Reading of Ordinance No. 038, 2024, Making Supplemental Appropriations, Appropriating Prior
Year Reserves and Authorizing Transfers of Appropriations for the Laporte Avenue Multimodal
Improvement Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend Colorado Department of Transportation
(CDOT) funds for the Laporte Avenue Multimodal Improvement Project (Laporte Project). The funds will
be used for construction of improvements along Laporte Ave from Fishback Avenue to Sunset Street. If
approved this item will: 1) authorize the Mayor to execute an amendment to the Intergovernmental
Agreement (IGA) for the Laporte Project with CDOT; 2) appropriate $2,500,000 of Transportation
Alternative grant funds for the Laporte Project; 3) use $122,727 from the Bicycle Infrastructure
Improvements Community Capital Improvement Program (CCIP Bike Program) as part of the local match;
4) use $102,273 from the Pedestrian Infrastructure Improvements Community Capital Improvement
Program (CCIP Pedestrian Program) as part of the local match; 5) appropriate as part of the local match
contribution $223,425 from the Transportation Capital Expansion Fee Reserves (TCEF); 6) appropriate
as part of the local match contribution $222,750 from General Fund Reserves; 7) appropriate $1,755
(0.78% of the TCEF amount of the 1% contribution for the artwork portion of APP) from TCEF Reserves
to the Art in Public Places Program; 8) appropriate $495 (0.22% of the TCEF amount of the 1% contribution
to APP) from the Transportation Fund Reserves to the Art in Public Places Program; 9) appropriate $2,250
(1% of the General Fund amount) from the General Fund to the Art in Public Places Program.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane arterial roadway. Most of the
roadway within the Laporte Project limits lacks adequate bicycle and pedestrian facilities including
sidewalk, bike lanes, curb and gutter. The roadway experiences heavy bicycle and pedestrian traffic
Page 89
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
especially with Poudre High School, and many residential neighborhoods and businesses being located
adjacent to the Laporte Project limits. Several near misses and at least one serious vehicle-pedestrian
accident have occurred in 2015 within the Laporte Project limits. The corridor currently experiences a
higher-than-expected volume of traffic accidents due to the lack of adequate infrastructure. Laporte Avenue
is master planned to be on the City’s low-stress bicycle network. The Laporte Project will address the safety
concerns and lack of multimodal infrastructure.
In 2019, the City applied for two grants: a federal Transportation Alternatives Program (TAP) grant and a
state Multimodal Transportation and Mitigation Options Fund (MMOF) grant. In 2020 the TAP and MMOF
funds were awarded to the City through the North Front Range Metropolitan Planning Organization
(NFRMPO) and the Colorado Department of Transportation (CDOT) for the design, right-of-way acquisition,
and construction of the Laporte Project. In 2021 the City applied for and was awarded the Revitalizing
Mainstreet (RMS) Grant. These grant funds along with Transportation Capital Expansion Fee (TCEF)
Program funds and Transportation Services funds used as the required matching funds were appropriated
in 2022 via Resolution 2022-027. These funds were used to fund design, right-of-way acquisition, and
partial construction.
In 2023 the City applied for and was awarded $2,500,000 in additional TAP funds through the NFRMPO.
These funds are required to complete construction of the Laporte Project planned for 2024. These grant
funds require a 20% matching funds obligation from the local agency. General Fund, CCIP Bike Program,
CCIP Pedestrian Program, and TCEF program funds will be used for the local match portion, as well as an
additional $50,000 in overmatch funds. This local funding scenario was brought before the Council Finance
Committee on February 23, 2024, and approved.
Per Chapter 23 of the City Code, Article XII (addressing Art in Public Places), Section 23-304, all
appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to
one percent of the estimated cost for works of art. Funds from all three grants are ineligible for use toward
public art. Community Capital Improvement Program (CCIP) funds have already satisfied the required
contribution to public art for the initial appropriation. For the proposed appropriation the total Art in Public
Places funds to be appropriated is $4,500. This item will transfer $1,750 of the TCEF appropriations and
$2,250 of the General Fund appropriations to the Art in Public Places Program. Staff has identified the
Transportation Services Fund Reserves as a means to provide the additional $750 needed to provide long-
term maintenance for the art.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Laporte Avenue Multimodal Improvement Project:
Prior Appropriated Funds
Community Capital Improvement Program (CCIP) Local Funds
(2017-2018 BFO Offer 1.7) $300,000
Transportation Alternative Program (TAP) Grant Funds $750,000
Multimodal Options Funds (MMOF) Grant Funds $250,000
Revitalizing Mainstreet (RMS) Grant Funds $1,437,500
Transportation Capital Expansion Fee (TCEF) Funds $388,830
Transportation Services Fund Reserves $1,170
Total Prior Appropriation $3,127,500
Page 90
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Funds to be Appropriated with this Action
Transportation Alternative Program (TAP) Grant Funds $2,500,000
Community Capital Improvement Program (CCIP) Bike Program* $122,727
Community Capital Improvement Program (CCIP) Pedestrian
Program* $102,273
Transportation Capital Expansion Fee (TCEF) Funds Reserves $225,000
General Fund Reserves $225,000
Transportation Services Fund Reserves (for Art in Public Places
contribution) $495
Total Funds to be Appropriated per this Action $3,175,495
Transfer to Art in Public Places $4,500
Total Project Funds $6,302,995
*These funds were previously appropriated through the 23-24 BFO Cycle and were transferred to the
Capital Projects Fund and appropriated therein but are noted in this action as they will be used as part of
the TAP grant’s local match.
The total fund amount projected for this Laporte Project is $6,302,995 composed of funds appropriated
with prior actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
City staff presented this Laporte Project to the Council Finance Committee on August 11, 2021, and
February 23, 2024. The Laporte Project was also presented to the Transportation Board as well as the
Bicycle Advisory Committee in 2020. Council Finance Committee supports an out of cycle supplemental
appropriation for the Transportation Alternative Program local match to fund construction for the Laporte
Project.
PUBLIC OUTREACH
Staff has developed a comprehensive Public Engagement Plan for the Laporte Project. Staff has discussed
and presented conceptual level drawings at several public outreach events with an open house in October
of 2019, two public meetings held on May 1, 2023, and May 23, 2023, and the Transportation Fair in
February of 2023 and February 2024. A project website is regularly updated with project information and
upcoming milestones.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. Laporte Avenue Multimodal Project - Vicinity Map
5. Council Finance Committee Draft Meeting Minutes, February 23, 2024
Page 91
Item 8.
-1-
RESOLUTION 2024-025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDMENT TO AN EXISTING
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE LAPORTE
AVENUE MULTIMODAL IMPROVEMENT PROJECT
A. Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway. The roadway experiences heavy bicycle and pedestrian traffic especially
with Poudre High School and many residential neighborhoods and businesses located in
this corridor. The corridor currently experiences a higher-than-expected volume of traffic
accidents due to the lack of adequate infrastructure.
B. The Laporte Avenue corridor between Fishback Avenue and Sunset Street
currently has several gaps in bicycle and pedestrian facilities. Many locations lack
sidewalks, curbs, and gutters, and the bike lanes are often narrow and not well defined.
The corridor also provides access to Poudre High School and has significant bicycle and
pedestrian activity with the proximity of the school and residential neighborhoods.
C. There have been several near misses in recent years involving bicyclists
and pedestrians and at least one serious vehicle-pedestrian accident in 2015 in this
Laporte Avenue corridor.
D. A precursor project, the Laporte Bridges Project, has begun to address
safety issues in this corridor by replacing and widening two previously deficient bridges
on Laporte Avenue over the New Mercer Canal, just north of Grandview Cemetery.
E. The Laporte Avenue Multimodal Improvement Project (Laporte Project) has
been developed to improve vehicular, bicycle, and pedestrian safety along the Laporte
Avenue corridor by addressing deficient sidewalks, adding bicycle lanes, and adding a
center reversible turn lane, upgrading the roadway with curb and gutter, improving
drainage along the corridor, and installing other traffic improvements.
F. The Laporte Project will install improvements from Fishback Avenue to
Sunset Street and will also include improvements to the intersection at Taft Hill and
Laporte.
G. Laporte Avenue is identified in the City’s 2014 Bicycle Master Plan as part
of the City’s Low Stress Bicycle Network and is recognized by the North Front Range
Metropolitan Planning Organization (NFRMPO) as a high priority for bicycle and
pedestrian improvements.
H. In 2020, the City was awarded two grants: a federal Transportation
Alternatives Program (TAP) grant and a state Multimodal Options Fund (MMOF) grant.
The funds were awarded to the City through the NFRMPO and the Colorado Department
Page 92
Item 8.
-2-
of Transportation (CDOT) for the design, right-of-way acquisition, and construction of the
Laporte Project. In 2021 the City was awarded the Revitalizing Mainstreet (RMS) Grant.
These grant funds along with Transportation Capit al Expansion Fee (TCEF) Program
funds and Transportation Services funds used as the required matching funds were
appropriated in 2021 via Ordinance No. 155, 2021. These funds were used to fund design,
right-of-way acquisition, and partial construction.
I. In 2023 the City applied for and was awarded $2,500,000 in additional TAP
funds through the NFRMPO. These funds are required to complete construction of the
Laporte Project planned for 2024. These grant funds require a 20% matching funds
obligation from the local agency. General Fund, Bicycle Infrastructure Improvements
Community Capital Improvement Program (CCIP Bike Program), Pedestrian
Infrastructure Improvements Community Capital Improvement Program (CCIP
Pedestrian Program), and TCEF program funds will be used for the local match portion,
as well as an additional $50,000 in overmatch funds.
J. City staff presented this project to the Council Finance Committee on
August 11, 2021, and February 23, 2024. The Laporte Project was also presented to the
Transportation Board as well as the Bicycle Advisory Committee in 2020. Council Finance
Committee supports an out of cycle supplemental appropriation for the TAP local match
to fund construction for the Laporte Project.
K. CDOT administers the grant funds for the Laporte Project. In 2022, via
Resolution 2022-027, the City Council authorized execution of an intergovernmental
agreement (IGA) with CDOT.
L. CDOT has proposed an amendment to the IGA to enable the City to receive
and expend the additional grant funds to continue to address the safety concerns and
lack of multimodal infrastructure.
M. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the 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.
N. Article II, Section 16 of the City Charter 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.
O. City Code Section 1-22 requires the City Council to approve IGAs that
require the City to make a direct, monetary payment over $50,000, and the proposed I GA
requires the City to provide matching funds in the amount of $675,000.
Page 93
Item 8.
-3-
P. The City Council has determined that the IGA with CDOT is in the best
interests of the City and that the Mayor be authorized to execute the IGA between the
City and CDOT in support thereof.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council authorizes the Mayor to execute, on behalf of the
City, an Intergovernmental Agreement with the Colorado Department of Transportation,
in substantially the form attached hereto as Exhibit A, with such additional or modified
terms and conditions 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 of this Resolution.
Section 2. The City Council hereby authorizes the City Manager to approve and
execute future amendments to the IGA that the City Manager, in consultation with the City
Attorney, determines to be necessary and appropriate to facilitate completion of the
Laporte Avenue Multimodal Improvement Project, so long as such amendments do not
increase the cost of the Laporte Project, substantially modify the purposes of the IGA,
increase the allocation or amount of funding for the Laporte Project funded by the City, or
otherwise increase the obligations and responsibilities of the City as set forth in the IGA.
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Heather N. Jarvis
Page 94
Item 8.
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: TAP M455-133 (23630, 25890, 25891, 25892) SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
22-HA4-XC-00017-M0002
Local Agency
CITY OF FORT COLLINS
Original Agreement Routing Number
22-HA4-XC-00017
Agreement Maximum Amount $6,352,500.00 Agreement Performance Beginning Date
June 29, 2022
Initial Agreement Expiration Date
January 11, 2032
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
CITY OF FORT COLLINS
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
LOCAL AGENCY
(Additional Signatures)
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Amendment Effective Date:_____________________
APPROVED AS TO FORM:
EXHIBIT A TO RESOLUTION 2024-025
Page 95
Item 8.
1)PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this
Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2)TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3)EFFECTIVE DATE AND ENFORCEABILITY
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B.Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4)PURPOSE
The Parties entered into the Agreement for the Laporte Avenue Improvements: Fishback to Sunset in Fort
Collins, CO. The Parties now desire to update the Scope of Work, Funding Provisions, and Local Agency
Contract Administration Checklist.
5)MODIFICATIONS
The Agreement and all prior amendments thereto, if any, are modified as follows:
a)Exhibit A shall be replaced by Exhibit A-1. Any reference in the Original Agreement to Exhibit A shall be
a reference to Exhibit A-1;
b)The total budgeted funds are increased from $3,127,500.00 by $3,225,000.00 to a new total budgeted funds
of $6,352,500.00. The new funding breakdown is as follows:
i.The federal TAP award is increased from $937,500.00 by $3,125,000.00 to a new federal TAP award
of $4,062,500.00. This award is federal funds of $3,250,000.00 and Local Agency funds of $812,500.00;
ii.The Local Agency funds for the RMS/ARPA award is increased from $252,500.00 by $100,000.00
to a new Local Agency funds of $352,500.00;
c)Exhibit C-3 shall be replaced by Exhibit C-4. Any reference in the Original Agreement to Exhibit C,
Exhibit C-1, Exhibit C-2, or Exhibit C-3 shall be a reference to Exhibit C-4;
d)Exhibit D shall be replaced by Exhibit D-1. Any reference in the Original Agreement to Exhibit D shall be
a reference to Exhibit D-1; and
e)Exhibit E shall be replaced by Exhibit E-1. Any reference in the original agreement to Exhibit E shall be a
reference to Exhibit E-1.
6)LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in
this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of
the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
EXHIBIT A TO RESOLUTION 2024-025
Page 96
Item 8.
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-025
Page 97
Item 8.
EXHIBIT A-1
Scope of Work
Laporte Avenue Improvements: Fishback to Sunset
TAP M455-133 (23630, 25890, 25891, 25892)
The Colorado Department of Transportation (#CDOT#) will oversee the City of Fort Collins
(#City#) when the City designs and constructs the following: bicycle and pedestrian improvements
including bike lanes, sidewalk, multi-use paths, curb and gutter, and signing and striping along
Laporte Avenue between Sunset Street and Fishback Avenue. The city believes these
improvements are necessary to improve bike and pedestrian safety along the corridor. This work
will be located on Laporte Avenue between Sunset Street and Fishback Avenue.
The work will conform to AASHTO standards, the MUTCD, and all applicable state and federal
regulations. The design phase will identify exact requirements, qualities, and attributes for this
work (Hereinafter referred to as #the exact work#). The exact work shall be used to construct
designed improvements. The design phase shall begin in the Fall of 2021 and the construction
phase is anticipated to begin in Fall of 2023. All Multi-Modal Options Fund (MMOF) funding
expenditures shall be completed, invoiced, and reimbursed by June 30, 2025. Public art is not an
eligible expense of MMOF and Transportation Alternatives (TA) funding.
If ARPA funds are used, all ARPA funds must be encumbered by
December 31, 2024. All work funded by ARPA must be completed by
December 31, 2026 and all bills must be submitted to CDOT for payment
by January 31, 2027. These bills must be paid by CDOT by March 31,
2027.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts
the continuing responsibility for the safety of the traveling public after initial acceptance of the
project. Local Agency is responsible for maintaining and operating the scope of work
described in this Exhibit A-1 constructed under this Agreement at its own cost and expense
during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-025
Page 98
Item 8.
Fed $ ARPA $ State $ LA Work
EXHIBIT C-4 - FUNDING PROVISIONS
City of Fort Collins TAP M455-133 (23630, 25890, 25891, 25892)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $6,352,500.00, which is to be funded as follows:
1. FUNDING
a. Federal Funds TAP
(80.00% of TAP Award) $3,250,000.00
b. Local Agency Funds
(20.00% of TAP Award) $812,500.00
c. Federal Funds ARPA US Treasury Expenditure Category EC6
(80.31% of RMS Award) $1,437,500.00
d. Local Agency Funds
(19.69% of RMS Award) $352,500.00
e. State Funds MMOF
(50.00% of MMOF Award) $250,000.00
f. Local Agency Funds
(50.00% of MMOF Award) $250,000.00
TOTAL FUNDS ALL SOURCES $6,352,500.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA, USDT
c. Local Agency Unique Entity Identifier VEJ3BS5GK5G1
d. Assistance Listing # Highway Planning and Construction ALN 20.205
e. Assistance Listing # Coronavirus State and Local Fiscal Recovery Funds ALN 21.027
f. Is the Award for R&D? No
g. Indirect Cost Rate (if applicable) N/A
h. Amount of Federal Funds Obligated by this Action: $0.00
i. Amount of Federal Funds Obligated to Date (including this Action): $2,187,500.00
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $3,250,000.00
b. ARPA Funds Budgeted $1,437,500.00
c. State Funds Budgeted $250,000.00
d. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 77.73% $4,937,500.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 22.27% $1,415,000.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $6,352,500.00
4. FOR CDOT ENCUMBRANCE PURPOSES
TAP
a. Total Encumbrance Amount (Federal funds + Local Agency funds) $4,062,500.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
RMS (ARPA)
a. Total Encumbrance Amount (Only ARPA funds are encumbered) $1,437,500.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
EXHIBIT A TO RESOLUTION 2024-025
Page 99
Item 8.
MMOF
a. Total Encumbrance Amount (Only State funds are encumbered) $250,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $5,750,000.00
Note: Only $2,625,000.00 is currently available. Additional Design and Construction funds will become
available after execution of an Option letter (Exhibit B) or formal Amendment.
______________________________________________________________________________________
TAP
WBS Element 23630.10.30 Performance Period Start**/End Date Design 3020 $1.00 08/31/2022 – 12/31/2024 WBS Element 25890.20.10 Performance Period Start*/End Date Const. 3301 $937,500.00
10/12/2023 – 02/28/2024
WBS Element 25891.20.10 Performance Period Start*/End Date Const. 3301 $0.00
TBD-TBD
WBS Element 25892.20.10 Performance Period Start*/End Date Const. 3301 $0.00
TBD-TBD
RMS
WBS Element 23630.10.30 Performance Period Start**/End Date Design 3020 $1,437,499.00
06/29/2022 – 12/31/2026
MMOF
WBS Element 25890.10.30 Performance Period Start**/End Date Const. 3301 $250,000.00
N/A- N/A
WBS Element 25891.20.10 Performance Period Start**/End Date Const. 3301 $0.00
N/A- N/A
WBS Element 25892.20.10 Performance Period Start**/End Date Const. 3301 $0.00
N/A- N/A
* For TAP funds, the Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase;
and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones
are achieved will not be reimbursable.
** For RMS and MMOF funds, the Local Agency should not begin work until both of the following are in place: 1)
the execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the
official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be
reimbursable.
B. Matching Funds
The funding ratio for the federal & State funds for this Work is 77.73% federal & State funds to 22.27% Local Agency
funds, and this ratio applies only to the $6,352,500.00 that is eligible for federal & State funding. All other costs are
borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $6,352,500.00, and
additional federal & State funds are not available, the Local Agency shall pay all such excess costs. If the total cost
of performance of the Work is less than $6,352,500.00, then the amounts of Local Agency and federal & State funds
will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $4,937,500.00. For CDOT
accounting purposes, the federal funds of $3,250,000.00, federal ARPA funds of $1,437,500.00, State MMOF funds
of $250,000.00 and Local Agency funds of $812,500.00 will be encumbered, but the Local Agency funds of
$602,500.00 will NOT be encumbered for a total encumbrance of $5,750,000.00. The total budget of this project is
$6,352,500.00, unless this amount is increased by an executed amendment before any increased cost is incurred.
The total cost of the Work is the best estimate available, based on the design data as approved at the time of
execution of this Agreement, and that any cost is subject to revisions agreed to by the parties prior to bid and award.
The maximum amount payable will be reduced without amendment when the actual amount of the Local Agency’s
awarded Agreement is less than the budgeted total of the federal funds and the Local Agency funds. The maximum
amount payable will be reduced through the execution of an Option Letter as described in Section 7. E. of this
contract. This applies to the entire scope of Work. ARPA Funds can only originate from and after May 18,
2021.
EXHIBIT A TO RESOLUTION 2024-025
Page 100
Item 8.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding sources
defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit
requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single
Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds
(Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed.
This audit will examine the “financial” procedures and processes for this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple
sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire
organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an
allowable direct or indirect cost.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-025
Page 101
Item 8.
EXHIBIT D-1
LOCAL AGENCY RESOLUTION
To be provided by Local Agency prior to execution of this Amendment.
Exhibit D-1 - Page 1 of 1
EXHIBIT A TO RESOLUTION 2024-025
Page 102
Item 8.
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No.
TAP M455-133
STIP No. Project Code
23630, 25890,
25891, 25892
Region
04
Project Location
Laporte Avenue: N Sunset Street to Fishback Avenue
Date
3/18/2023
Project Description
Laporte Avenue pedestrian improvements
Local Agency
City of Fort Collins
Local Agency Project Manager
Tim Sellers
CDOT Resident Engineer
Bryce Reeves
CDOT Project Manager
Armando Ochoa
INSTRUCTIONS:
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The “X” denotes the
party responsible for initiating and executing the task. When neither CDOT nor the Local Agency is responsible for a task, not
applicable (NA) shall be noted. In addition, a “#” will denote that CDOT must concur or approve.
Tasks that will be performed by Headquarters staff will be indicated. The Regions, in accordance with established policies and
procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2-1 Review Project to ensure consistency with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4-1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA
concurrence/involvement)
X
PROJECT DEVELOPMENT
5-1 Prepare Design Data - CDOT Form 463 #
5-2 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) X
5-3 Conduct Consultant Selection/Execute Consultant Agreement X
5-4 Conduct Design Scoping Review meeting X X
5-5 Conduct Public Involvement X
5-6 Conduct Field Inspection Review (FIR) X
5-7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X
5-8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X #
5-9 Obtain Utility and Railroad Agreements X
5-10 Conduct Final Office Review (FOR) X
5-11 Justify Force Account Work by the Local Agency X
5-12 Justify Proprietary, Sole Source, or Local Agency Furnished items X #
5-13 Document Design Exceptions - CDOT Form 464 X #
5-14 Prepare Plans, Specifications and Construction Cost Estimates X #
5-15 Ensure Authorization of Funds for Construction X
#
#
X
EXHIBIT E-1
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
EXHIBIT A TO RESOLUTION 2024-025
Page 103
Item 8.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6-1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region EEO/Civil Rights Specialist)
X
6-2 Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon requirements as determined by the
functional classification of the project location (Projects located on local roads and rural
minor collectors may be exempt.)
Bryce Reeves 6/30/2023
CDOT Resident Engineer(Signature on File) Date
X
6-3 Set On-the-Job Training Goals. X
6-4 Title VI Assurances X
Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the
Contract (CDOT Resident Engineer)
X
ADVERTISE, BID AND AWARD
7-1 Obtain Approval for Advertisement Period of Less Than Three W eeks X #
7-2 Advertise for Bids X
7-3 Distribute “Advertisement Set” of Plans and Specifications X
7-4 Review W orksite and Plan Details with Prospective Bidders While Project is Under
Advertisement
X
7-5 Open Bids X
7-6 Process Bids for Compliance X
Check CDOT Form 1415 - Certificate of Proposed DBE Participation when the low bidder
meets DBE goals X
Evaluate CDOT Form 1416 - DBE Good Faith Effort Documentation and determine if the
Contractor has made a good faith effort when the low bidder does not meet DBE goals X
Submit required documentation for CDOT award concurrence X
7-7 Concurrence from CDOT to Award X
7-8 Approve Rejection of Low Bidder X
7-9 Award Contract X #
7-10 Provide “Award” and “Record” Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8-1 Issue Notice to Proceed to the Contractor X
8-2 Project Safety X
8-3 Conduct Conferences:
Pre-construction Conference (Appendix B) X
Presurvey
•Construction staking
•Monumentation
X
X
Partnering (Optional) X
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X
HMA Pre-Paving (Agenda is in CDOT Construction Manual) X
8-4 Develop and distribute Public Notice of Planned Construction to media and local residents X
8-5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible charge of
construction supervision.”
Tim Sellers________ 720-280-6926
Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
X
EXHIBIT A TO RESOLUTION 2024-025
Page 104
Item 8.
NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
Provide competent, experienced staff who will ensure the Contract work is constructed in
accordance with the plans and specifications
X
Construction inspection and documentation X
8-6 Approve Shop Drawings X
8-7 Perform Traffic Control Inspections X #
8-8 Perform Construction Surveying X
8-9 Monument Right-of-Way X
8-10 Prepare and Approve Interim and Final Contractor Pay Estimates
Provide the name and phone number of the person authorized for this task.
Tim Sellers 720-280-6926
Local Agency Representative Phone number
X
8-11 Prepare and Approve Interim and Final Utility/Railroad Billings X
8-12 Prepare Local Agency Reimbursement Requests X
8-13 Prepare and Authorize Change Orders X #
8-14 Approve All Change Orders X
8-15 Monitor Project Financial Status X
8-16 Prepare and Submit Monthly Progress Reports X
8-17 Resolve Contractor Claims and Disputes X
8-18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
Bryce Reeves 970-350-2126
CDOT Resident Engineer Phone number
X
MATERIALS
9-1 Discuss Materials at Preconstruction Meeting
-Buy America documentation prior to installation of steel
X
9-2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests and
applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
X
X
X
9-3 Perform Project Acceptance Samples and Tests X
9-4 Perform Laboratory Verification Tests X
9-5 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
X
X
X
X
9-6 Approve Sources of Materials X
9-7 Independent Assurance Testing (IAT), Local Agency Procedures CDOT Procedures
•Generate IAT schedule
•Schedule and provide notification
•Conduct IAT
X
X
X
9-8 Approve Mix Designs
•Concrete
•Hot Mix Asphalt
X
X
#
#
9-9 Check Final Materials Documentation X
9-10 Complete and Distribute Final Materials Documentation X
#
EXHIBIT A TO RESOLUTION 2024-025
Page 105
Item 8.
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10-1 Fulfill Project Bulletin Board and Pre-construction Packet Requirements X
10-2 Process CDOT Form 205b - Sublet Permit Application
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
X
10-3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 280
X
10-4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the
“Commercially Useful Function” requirements
X
10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees. Complete CDOT Form 200 -
OJT Training Questionnaire
X
10-6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X #
10-7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report X
FINALS
11-1 Conduct Final Project Inspection. Complete and submit CDOT Form 1212 - Final
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
X #
11-2 Write Final Project Acceptance Letter X
11-3 Advertise for Final Settlement X
11-4 Prepare and Distribute Final As-Constructed Plans X
11-5 Prepare EEO Certification X
11-6 Check Final Quantities, Plans and Pay Estimate; Check Project Documentation; and submit
Final Certifications
X
11-7 Check Material Documentation and Accept Final Material Certification (See Chapter 9) X
11-8 Obtain CDOT Form 1419 - Contractor DBE Payment Certification from the Contactor and
submit to the Resident Engineer (Quarterly)
X
11-9 Obtain FHWA Form 47 - Statement of Materials and Labor Used … from the Contractor NA
11-10 Process Final Payment X
11-11 Complete and Submit CDOT Form 950 - Project Closure X
11-12 Retain Project Records for Three Years from Date of Project Closure X X
11-13 Retain Final Version of Local Agency Contract Administration Checklist X X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
EXHIBIT A TO RESOLUTION 2024-025
Page 106
Item 8.
-1-
ORDINANCE NO. 038, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS,
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE LAPORTE
AVENUE MULTIMODAL IMPROVEMENT PROJECT AND
RELATED ART IN PUBLIC PLACES
A. Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway. The roadway experiences heavy bicycle and pedestrian traffic especially
with Poudre High School and many residential neighborhoods and businesses locate d in
this corridor. The corridor currently experiences a higher-than-expected volume of traffic
accidents due to the lack of adequate infrastructure.
B. The Laporte Avenue corridor between Fishback Avenue and Sunset Street
currently has several gaps in bicycle and pedestrian facilities. Many locations lack
sidewalks, curbs, and gutters, and the bike lanes are often narrow and not well defined.
The corridor also provides access to Poudre High School and has significant bicycle and
pedestrian activity with the proximity of the school and residential neighborhoods.
C. There have been several near misses in recent years involving bicyclists
and pedestrians and at least one serious vehicle -pedestrian accident in 2015 in this
Laporte Avenue corridor.
D. A precursor project, the Laporte Bridges Project, has begun to address
safety issues in this corridor by replacing and widening two previously deficient bridges
on Laporte Avenue over the New Mercer Canal, just north of Grandview Cemetery.
E. The Laporte Avenue Multimodal Improvement Project (Laporte Project) has
been developed to improve vehicular, bicycle, and pedestrian safety along the Laporte
Avenue corridor by addressing deficient sidewalks, adding bicycle lanes, and adding a
center reversible turn lane, upgrading the roadway with curb and gutter, improving
drainage along the corridor, and installing other traffic improvements.
F. The Laporte Project will install improvements from Fishback Avenue to
Sunset Street and will also include improvements to the intersection at Taft Hill and
Laporte.
G. Laporte Avenue is identified in the City’s 2014 Bicycle Master Plan as part
of the City’s Low Stress Bicycle Network and is recognized by the North Front Range
Metropolitan Planning Organization (NFRMPO) as a high priority for bicycle and
pedestrian improvements.
H. In 2020, the City was awarded two grants: a federal Transportation
Alternatives Program (TAP) grant and a state Multimodal Options Fund (MMOF) grant.
The funds were awarded to the City through the NFRMPO and the Colorado Department
of Transportation (CDOT) for the design, right-of-way acquisition, and construction of the
Laporte Project. In 2021 the City was awarded the Revitalizing Mainstreet (RMS) Grant.
Page 107
Item 8.
-2-
These grant funds along with Transportation Capital Expansion Fee (TCEF) Program
funds and Transportation Services funds used as the required matching funds were
appropriated in 2021 via Ordinance No. 155, 2021. These funds were used to fund design,
right-of-way acquisition, and partial construction.
I. In 2023 the City applied for and was awarded $2,500,000 in additional TAP
funds through the NFRMPO. These funds are required to complete construction of the
Laporte Project planned for 2024. These grant funds require a 20% matching funds
obligation from the local agency. General Fund, Bicycle Infrastructure Improvements
Community Capital Improvement Program (CCIP Bike Program), Pedestrian
Infrastructure Improvements Community Capital Improvement Program (CCIP
Pedestrian Program), and TCEF program funds will be used for the lo cal match portion,
as well as an additional $50,000 in overmatch funds.
J. City staff presented this Laporte Project to the Council Finance Committee
on August 11, 2021, and February 23, 2024. The Laporte Project was also presented to
the Transportation Board as well as the Bicycle Advisory Committee in 2020. Council
Finance Committee supports an out of cycle supplemental appropriation for the TAP local
match to fund construction for the Laporte Project.
K. CDOT administers the grant funds for the Laporte Project. In 2022, via
Resolution 2022-027, the City Council authorized execution of an intergovernmental
agreement (IGA) with CDOT.
L. CDOT has proposed an amendment to the IGA to enable the City to receive
and expend the additional grant funds to continue to address the safety concerns and
lack of multimodal infrastructure.
M. These appropriations benefit public health, safety, and welfare of the
residents of Fort Collins and serve the public purpose of promoting safer travel across
multiple modalities and improving the transportation infrastructure within the City.
N. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, does not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
O. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and prev iously unappropriated from
the Capital Projects Fund and will not cause the total amount appropriated in the Capital
Projects Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
P. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
Page 108
Item 8.
-3-
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
Q. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Transportation Capital Expansion Fee Fund, the General Fund, and the
Transportation Services Fund, as applicable, and will not cause the total amount
appropriated in the Transportation Capital Expansion Fee Fund, the General Fund, or the
Transportation Services Fund, as applicable, to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in these funds during this fiscal
year.
R. Article V, Section 10 of the City Charter autho rizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
S. The City Manager has recommended the transfer of $122,727 from the
CCIP Bike Program in the Capital Projects Fund and $102,273 from the CCIP Pedestrian
Program in the Capital Projects Fund to the Laporte Avenue Multimodal Improvement
Project in the Capital Projects Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
T. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant, that such appropriation shall not lapse at the end of the fiscal year
in which the appropriation is made, but continue until the completion of the capital project
or until the earlier of the expiration of the federal, state or private grant or the City’s
expenditure of all funds received from such grant.
U. The City Council wishes to designate the appropriation herein for the TAP
grant as an appropriation that shall not lapse until the earlier of the expiration of the grant
or the City’s expenditure of all funds received from such grant.
V. The City Council wishes to designate the appropriation s herein for the
Laporte Avenue Multimodal Improvement Project as appropriations that shall not lapse
until the completion of the Laporte Project.
W. This Laporte Project involves construction estimated to cost more than
$250,000 and, as such, City Code Section 23 -304 requires one percent of these
appropriations to be transferred to the Cultural Services and Facilities Fund for a
contribution to the Art in Public Places program (APP Program).
Page 109
Item 8.
-4-
X. A portion of the funds appropriated in this Ordinance for the Laporte Project
are ineligible for use in the APP Program due to restrictions placed on them by the
Colorado Department of Transportation, the source of these funds.
Y. A portion of the funds appropriated in this Ordinance for the Laporte Project
have already been used for contribution to the APP Program.
Z. The project cost of $450,000 has been used to calculate the contribution to
the APP program.
AA. The amount to be contributed in this Ordinance will be $4,500.
In light of the foregoing recitals, which the Council he reby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Capital Projects Fund the sum of TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS ($2,500,000) to be expended in the Capital Projects Fund for the Laporte
Avenue Multimodal Improvement Project.
Section 2. The unexpended and unencumbered appropriated amount of ONE
HUNDRED TWENTY-TWO THOUSAND SEVEN HUNDRED TWENTY-SEVEN
DOLLARS ($122,727) is authorized for transfer from the CCIP Bike Program in the
Capital Projects Fund to the Laporte Avenue Multimodal Improvement Project in the
Capital Projects Fund and appropriated therein to be expended for the bicycle network.
Section 3. The unexpended and unencumbered appropriated amount of ONE
HUNDRED TWO THOUSAND TWO HUNDRED SEVENTY-THREE DOLLARS
($102,273) is authorized for transfer from the CCIP Pedestrian Program in the Capital
Projects Fund to the Laporte Avenue Multimodal Improvement Project in the Capital
Projects Fund and appropriated therein to be expended for improvements to the
pedestrian facilities.
Section 4. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of TWO HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($225,000) to be expended in the Transportation Capital
Expansion Fee Fund for transfer to the Capital Projects Fund and appropriated therein
for the Laporte Avenue Multimodal Improvement Project .
Section 5. There is hereby appropriated from prior year reserves in the General
Fund the sum of TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000) to
be expended in the General Fund for transfer to the Capital Projects Fund and
appropriated therein for the Laporte Avenue Multimodal Improvement Project.
Section 6. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of FOUR HUNDRED NINETY-FIVE DOLLARS
($495) to be expended in the Transportation Services Fund for transfer to the Capital
Page 110
Item 8.
-5-
Projects Fund and appropriated therein for the Laporte Avenue Multimodal Improvement
Project.
Section 7. The unexpended and unencumbered appropriated amount of
THREE THOUSAND FIVE HUNDRED TEN DOLLARS ($3,510) in the Capital Projects
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein to fund art projects under the APP Program.
Section 8. The unexpended and unencumbered appropriated amount of NINE
HUNDRED DOLLARS ($900) in the Capital Projects Fund is hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP Program.
Section 9. The unexpended and unencumbered appropriated amount of
NINETY DOLLARS ($90) in the Capital Projects Fund is hereby authorized for transfer to
the Cultural Services and Facilities Fund and appropriated and expended therein for the
maintenance costs of the APP Program.
Section 10. The appropriation herein for the Transportation Alternatives Program
grant is an appropriation that shall not lapse until the earlier of the expiration of the grant
or the City’s expenditure of all funds received from such grant.
Section 11. The appropriations herein for the Laporte Avenue Multimodal
Improvement Project are appropriations that shall not lapse until the completion of the
Laporte Project.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Heather N. Jarvis
Page 111
Item 8.
VICINITY MAP
Page 112
Item 8.
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Finance Committee Hybrid Meeting
CIC Room / Zoom
February 23, 2024
1:00 - 3:00 pm
Council Attendees: Mayor Arndt, Emily Francis, Kelly Ohlson
Staff: Kelly DiMartino, Tyler Marr, Travis Storin, Denzel Maxwell, Claudia Menendez,
Lance Smith, Jason Graham, Phil Ladd, Ryan Malarky, Andrea Smith,
Gunnar Hale, Monica Martinez, Drew Brooks, Brad Buckman, Dana Hornkohl,
Dave Lenz, Trevor Nash, Terri Runyan, Ginny Sawyer, Renee Reeves,
Lawrence Pollack, Jo Cech, Nina Bodenhamer, Victoria Shaw, Zack Mozer,
Carolyn Koontz
Others: Keivn Jones, Chamber
Meeting called to order at 1:00 pm
Approval of minutes from December 14, 2023, Council Finance Committee Meeting.
Emily Francis moved for approval of the minutes as presented. Mayor Arndt seconded the motion.
The minutes were approved unanimously via roll call by; Mayor Arndt, Emly Francis, Kelly Ohlson.
A. Laporte Multimodal Grant Match
Gunnar Hale, P.E. Engineering, Civil Engineer I
Monica Martinez, Manager, FP&A, PDT Finance
SUBJECT FOR DISCUSSION
Laporte Multi-Modal Grant Match – Transportation Alternative Program Grant Appropriation
EXECUTIVE SUMMARY
Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane arterial roadway and most of the
roadway within the Project limits lacks adequate bicycle and pedestrian facilities including sidewalk, bike lanes,
curb, and gutter. The City was awarded a $2,500,000 Transportation Alternative Program grant from the North
Front Range Metropolitan Planning Organization (NFRMPO) to fund construction of the Laporte Avenue Multi-
Modal Improvement Project. The grant award requires a 20% local match of $2,500,000. It is suggested that
CCIP Bike, CCIP Pedestrian, TCEF program funds, Transportation Services Fund Reserves and General Fund, be
used for the local match portion, as well as an additional $50,000 in overmatch funds. The City will be required
Page 113
Item 8.
to contribute 20% of the local match funds as well as the local overmatch funds. The City’s financial commitment
to fund construction will be $625,750 in local funds and $50,000 in local overmatch funds for a total of $675,750
to complete the $3.175M construction.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Is Council Finance supportive of an out of cycle supplemental appropriation for the Transportation
Alternative Program (TAP) and required local match to fund construction for the Laporte Avenue Multi-
Modal Improvement Project.
BACKGROUND/DISCUSSION
TAP Background
In June 2023, the NFRMPO awarded the City with a TAP grant for the construction of the Laporte Avenue Multi-
Modal Improvement Project
The approved funding breakdown is as follows:
TAP grant $2,500,000
Local Match (City) $625,750
Local Overmatch (City) $50,000____
Total $3,175,750
The total local match request from the City is $675,750. Suggested local match breakdown is as follows:
Transportation Capital Expansion Fee (TCEF) ($225,000), CCIP Bike ($122,727), CCIP Pedestrian ($102,273),
Transportation Services Fund Reserves ($750) and General Fund ($225,000) be used to support this
supplemental appropriation request.
Laporte Corridor Background
The Laporte Corridor within the project limits of Fishback Avenue and Sunset Street currently lacks adequate
bicycle and pedestrian facilities including sidewalk, bike lanes and curb and gutter.
The roadway experiences heavy bicycle and pedestrian traffic especially with Poudre High School, many
residential neighborhoods, and businesses located adjacent to the project limits.
Several near misses and at least one serious vehicle-pedestrian accident have occurred.
The corridor currently experiences a higher-than-expected volume of traffic accidents due to the lack of
adequate infrastructure
Laporte Avenue is master planned to be on the City’s low-stress bicycle network. The Project will address the
safety concerns and lack of multi-modal infrastructure.
Laporte Corridor Project Status
TAP Grant submitted – 2020
$750,000 awarded.
MMOF Grant submitted – 2020
$250,000 awarded.
Revitalizing Main Street Grant awarded – 2021
$1,437,500 awarded.
TAP Grant Submitted – 2023
Page 114
Item 8.
$2,500,000 awarded.
East Segment 100% Design – Completed Fall 2023
West Segment 90% FOR Design – January 2024
East Segment Construction – March 2024
West Segment Construction – June 2024
Staff is recommending appropriation of the City’s construction local match and overmatch for several reasons.
In line with guiding themes and principles of the City Strategic Plan:
o Multimodal Transportation
Discussion / Next Steps;
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Is Council Finance supportive of an out of cycle supplemental appropriation for the Transportation Alternative
Program (TAP) and required local match to fund construction for the Laporte Avenue Multi-Modal Improvement
Project.
Page 115
Item 8.
Gunnar Hale; we are using the full extent of the right of way we own for this project east bound from Taft Hill.
(see slide #8 above). There are a few houses on the west bound segment (see slide #9 above)– Sunset where we
will need to buy right of way.
Kelly Ohlson; this has been approved in numerous ways before now. You are bringing this to us now (1 month
before construction starts) because of the General Fund amount in the mix.
What do you mean when you say that you are negotiating the construction costs? Did we bid the project out?
Gunar Hale; for CMGC (Construction Manager, General Contractor) projects, we will negotiate the costs of the
projects. Because of the size of this project and the blessing from CDOT, we chose CMGC so we can have a
quicker timeline. We have to compare the costs from the CMGC contractor with an independent estimate as
well to prove the costs are true and accurate.
CMGC is kind of a bridge in between a bid and an RFP in a lot of ways. It is not the straight math problem of low
bid when we use that as a tool for procurement. We brought on the contractor midway through the design. The
benefit of bringing them on early is the collaboration and to anticipate and plan for problems that might arise as
opposed to things happening in the field and causing delays.
Kelly Ohlson; who decides who we negotiate with?
Gunnar Hale; in the beginning when we chose SEMA as the CMGC we put this out to bid and multiple
contractors bid on the contract, then we choose who we think will do the best job.
Kelly Ohlson; this is a good project. Where did the other $3M that was previously allocated go? It can’t all be in
design.
Page 116
Item 8.
Gunnar Hale; the east segment is covered with that beginning $3M that we have in the project. The west
segment is where we need the funding. The additional $3M we are asking for from the General Fun is the local
match for the west segment of the project.
Monica Martinez; we would usually go to our Transportation Services Fund as that is where we always go first
for any sort of local match for capital projects, but we do not have the needed amount in that fund this year, so
we have to come forward to request General Fund dollars.
Emily Francis; I am supportive of this. I would like to meet with Brad to discuss the design. We have been out
there a few times before. I just want to make sure I understand the on again off again street, paths, and
sidewalks so I can answer questions.
Mayor Arndt; I am thrilled and an absolute yes. This is one of my priorities - safe route to schools (to Poudre
High School). It has been a challenge for the students -this will be a huge improvement- happy to support this –
long time coming. Mulberry improvements as well have made a huge difference. Lots of safety concerns - our
kids deserve better.
Travis Storin; will move this on to the full Council on the consent agenda as soon as possible.
Page 117
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Ochsner, Director, Operation Services
Kerri Ishmael, Grants Administration
SUBJECT
Items Relating to a State Grant for Clean Energy Vehicles.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 040, 2024, Making a Supplemental Appropriation in the General Fund
of Grant Funds from the Colorado Department of Public Health and Environment and Appropriating Prior
Year Reserves in the Water Fund to Support Transitioning City Fossil Fuel Vehicles to Clean Energy
Vehicles.
B. Resolution 2024-027 Authorizing the Execution of an Intergovernmental Agreement Between the City
of Fort Collins and the Colorado Department of Public Health and Environment for the Receipt of Grant
Proceeds for Clean Energy Vehicles.
The purpose of these items is to support the City of Fort Collins (City) in transitioning fossil fuel vehicles to
clean energy vehicles as a measure of reducing greenhouse gas emissions to achieve maximum air quality
benefits for the people of Fort Collins and Colorado.
The City was awarded $910,000 from the State’s Clean Fleet Vehicle and Technology (CFVT) grant
program in support of the City purchasing clean energy vehicles that align with vehicles approved through
the State’s CFVT grant program. The awarded funds will support purchase of approved vehicles, with the
City contributing the remaining needed funds. Based on needs of City departments, Operation Services
and departments within City Utilities will be funding the additional funds needed for purchase of approved
vehicles.
Approval of these items would support the City in transitioning fossil fuel fleet vehicles to clean energy by:
● Authorizing the Mayor, by Resolution, to execute an Intergovernmental Agreement (IGA) with the State
of Colorado for purchase of approved clean energy fleet vehicles;
● Appropriating $910,000 of unanticipated grant revenue from the State of Colorado’s CFVT grant
program; and
● Appropriating $96,504 from Water Fund reserves.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
Page 118
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
Through Colorado Senate Bill 21-260 (Sustainability of the Transportation System) the Clean Fleet
Enterprise was created within the Colorado Department of Public Health and Environment (CDPHE) for
the purpose of incentivizing and supporting the use of light, medium, and heavy-duty electric motor vehicles
and other clean fleet technologies by owners and operators of motor vehicle fleets.
Operation Services was successful in the request for $910,000 to purchase, in part, clean energy light,
medium and heavy-duty vehicles that will support operations of City departments within Utilities and
Operation Services. These electric and renewable natural gas vehicles will assist in helping the City
accomplish “Our Climate Future” goals and directly aligns with “Big move #13 – electric cars and fleets” in
the City’s Our Climate Future Plan.
The grant award provides upwards of $910,000 for approved vehicle purchases. The CFVT grant program
provides funding up to a certain dollar amount or cost share, depending on vehicle type. Approved vehicles
to be purchased include one (1) electric street sweeper, five (5) electric light duty pickups, and four (4)
renewable natural gas dump trucks. Each approved vehicle type for which the $910,000 will fund in part
requires the City covering the remaining purchase price. Estimates based on current vendor quotes for the
ten (10) approved vehicle types provide the City contributing an estimated $1.1 million. The estimated $1.1
million will be funded from (1) existing 2024 appropriated funds in the General Fund, Light and Power Fund,
Water Fund and Stormwater Fund and (2) from Water Fund reserves, which is based on needs of
departments within these funds for such vehicles.
Based on recommendation of the City’s Attorney Office, the City asked CDPHE to make some minor
changes to some provisions of the grant agreement (Attachment 2) to reduce confusion around their
application to local governments. CDPHE advised that they are unable to negotiate the terms and
conditions of the CFVT grant template. Notwithstanding the grant agreement not incorporating the City’s
recommended changes, City staff recommends that Council authorize the Mayor to execute the grant
agreement with the City and the State of Colorado in support of purchases of the approved clean energy
vehicles, and City staff will attempt to work with the State to revise language for future intergovernmental
agreements.
CITY FINANCIAL IMPACTS
This item appropriates $910,000 in unanticipated revenue in the General Fund from the State’s CFVT grant
program in support of replacing City fossil fuel vehicles with clean energy vehicles.
This item also appropriates $96,504 in Water Fund reserves to be spent in the Water Fund to be used
toward purchase of an approved CFVT grant program vehicle. These funds were appropriated in 2023 and
have lapsed due to a delay in finalizing the grant agreement.
The award from the State is a reimbursement type award, meaning General Fund expenses will be
reimbursed up to $910,000.
The remaining amount needed for purchases of the approved vehicle types through the CFVT grant
program will come from existing 2024 appropriations in the Light and Power Fund, Water Fund, Stormwater
Fund, and General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 119
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
1. Ordinance for Consideration
2. Resolution for Consideration
3. Exhibit A to Resolution
Page 120
Item 9.
-1-
ORDINANCE NO. 040, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION IN THE
GENERAL FUND OF GRANT FUNDS FROM THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER
FUND TO SUPPORT TRANSITIONING CITY FOSSIL FUEL
VEHICLES TO CLEAN ENERGY VEHICLES
A. The City’s Operation Services Department applied for, and has been
awarded, a $910,000 Clean Fleet Enterprise Grant from the Colorado Department of
Public Health and Environment (the “Grant”).
B. The City can request the Grant funds through February 14, 2029, as
reimbursement for a portion of the cost of purchasing clean energy vehicles. The vehicles
the City intends to purchase include one electric street sweeper, five electric light duty
pickups, and four renewable natural gas dump trucks at a total estimated cost of
$2,010,000.
C. The City would cover the remaining $1.1 million of the purchase price for
the vehicles from existing 2024 appropriated funds in the General Fund, Light and Power
Fund, Water Fund, and Stormwater Fund, plus $96,504 to be appropriated from Water
Fund reserves, based on which departments would be using the vehicles.
D. These appropriations benefit the public health, safety and welfare of the
residents of Fort Collins and serve the public purpose of reducing greenhouse gas
emissions to achieve maximum air quality benefits for the people of Fort Collins and
Colorado.
E. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
F. Article V, Section 9 of the City Charter also permits the City Council, upon
the recommendation of the City Manager, to make supplemental appropriations by
ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
G. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the General Fund and the Water Fund and will not cause the total amount
appropriated in either Fund, as applicable, to exceed the current estimate of actual and
Page 121
Item 9.
-2-
anticipated revenues and all other funds to be received in these Funds during this fiscal
year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant,
that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made but continue until the earlier of the expiration of the federal, state
or private grant or the City’s expenditure of all funds received from such grant .
I. The City Council wishes to designate the appropriation herein from the
Clean Fleet Vehicle and Technology (“CFVT”) grant as an appropriation that shall not
lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of NINE HUNDRED TEN THOUSAND DOLLARS ($910,000) to
be expended in the General Fund for the purchase of clean energy vehicles.
Section 2. There is hereby appropriated from prior year reserves in the Water
Fund the sum of NINETY-SIX THOUSAND FIVE HUNDRED FOUR DOLLARS ($96,504)
to be expended in the Water Fund for the purchase of a clean energy vehicle.
Section 3. The appropriation herein for the CFVT grant is hereby designated,
as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall
not lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grant or the City’s expenditure of all funds received from such grant.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Ingrid Decker
Page 122
Item 9.
-1-
RESOLUTION 2024-027
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE RECEIPT
OF GRANT PROCEEDS FOR CLEAN ENERGY VEHICLES
A. The City’s Operation Services Department applied for, and has been
awarded, a $910,000 Clean Fleet Enterprise Grant from the Colorado Department of
Public Health and Environment (the “Grant”).
B. The City can request the Grant funds through February 14, 2029, to
reimburse a portion of the cost of purchasing clean energy vehicles. The vehicles the City
intends to purchase include one electric street sweeper, five electric light duty pickups,
and four renewable natural gas dump trucks at a total estimated cost of $2,010,000, with
the City covering the balance of the cost.
C. To receive the Grant funds the City must execute an intergovernmental
agreement with the State of Colorado (“State”) in the form attached as Exhibit “A” and
incorporated herein by reference (the “Grant Agreement”).
D. After reviewing the form of the Grant Agreement, City legal staff requested
some minor changes to it to reduce confusion around how and whether certain terms
applied to local government entities, but State staff has thus far been unwilling to make
changes to the Grant Agreement. This has been an issue with other State agreement
forms in the past and previously negotiated agreement language appears to no longer be
incorporated into the agreement forms in use by some State agencies. Further
discussions with State agency staff may result in improvements to the Grant Agreement
or future grant agreements with the State.
E. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the 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.
F. City Charter Article II, Section 16 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.
G. The City Council has determined that the use of the Grant for the purchase
of clean energy vehicles is in the best interests of the City, and the Mayor should be
authorized to execute the Grant Agreement between the City and the State in support
thereof.
Page 123
Item 9.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby authorizes the Mayor to execute, on behalf
of the City, the Grant Agreement with the Colorado Department of Public Health and
Environment, in substantially the form attached hereto as Exhibit A, with such additional
or modified terms and conditions 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 of this Resolution.
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Ingrid Decker
Page 124
Item 9.
Page 1 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
STATE OF COLORADO CONTRACT
COVER PAGE
State Agency
Clean Fleet Enterprise (“CFE”)
an enterprise for the purposes of
Section 20 of Article X of the Constitution
Colorado Department of Public Health and Environment (CDPHE)
4300 Cherry Creek Drive South
Denver, Colorado 80246
Contractor
City of Fort Collins
300 LaPorte Avenue
Fort Collins Colorado 80522
Original Contract Number
2024*3395
Contract Performance Beginning Date
The later of the Effective date or February 15,
2024
Contract Maximum Amount
Initial Term
02/15/2024-02/14/2029 $ 910,000.00
Contract Maximum Amount $910,000.00
Contract Expiration Date
February 14, 2029
Except as stated in §2.D., the total duration of this
Contract, including the exercise of any options to
extend, shall not exceed Five (5) years from its
Performance Beginning Date.
Pricing/Funding
Price Structure: Cost Reimbursement
Contractor Shall Invoice: Monthly
Funding Source:
State $910,000.00
Miscellaneous
Authority to enter into this Contract exists in:
CRS § 25-7-103.5
The Clean Fleet Enterprise (“CFE”) is and operates as a
government-owned business within the Department of
Public Health and Environment (“the department”) for the
business purpose of incentivizing and supporting the use of
electric motor vehicles and other clean fleet technologies by
owners and operators of motor vehicle fleets.
See § 25-7-103.5(4), C.R.S
The enterprise is overseen by the CFE Board of Directors.
The department administers the program on behalf of the
enterprise.
Procurement Method: Request for Application (RFA)
Solicitation Number (if any): RFA# 41343 CFVT
State Representative
Celeste Kopperl
Board Administrator
Clean Fleet Enterprise
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
Email: cdphe_cleanfleetenterprise@state.co.us
Contractor Representative
Tracy Ochsner
Director Operation Services
City of Fort Collins
300 LaPorte Avenue
Fort Collins Colorado 80522
tochsner@fcgov.com
Exhibits
The following Exhibits and Attachments are attached and incorporated into this Contract:
Exhibit A, Additional Provisions
Exhibit B, Statement of Work
Exhibit C, Budget
Contract Purpose
This environmental project serves to incentivize the use of Enterprise Approved Fleet Vehicles by businesses and governmental
entities that operate fleets. This includes motor vehicles that were originally powered by internal combustion engines but have
been converted into battery electric or hydrogen fuel cell electric motor vehicles and compressed natural gas motor vehicles that
are fueled by recovered methane.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 125
Item 9.
Page 2 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract
and to bind the Party authorizing his or her signature.
CONTRACTOR
City of Fort Collins
_____________________________________________
By: Signature
_____________________________________________
Name of Person Signing for Contractor
_____________________________________________
Title of Person Signing for Contractor
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Clean Fleet Enterprise
Will Allison, Chairperson
CFE Board of Directors
______________________________________________
By: Will Allison, Chairperson
CFE Board of Directors
Date: _________________________
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
__________________________________________
By: Signature
__________________________________________
Name of State Controller Delegate
__________________________________________
Contract Effective Date:_____________________
-- Signature and Cover Pages End --
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
Tracy Ochsner
EXHIBIT A TO RESOLUTION 2024-027
Page 126
Item 9.
Page 3 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
1.PARTIES
This Contract is entered into by and between Contractor named on the Signature and Cover
Page for this Contract (the “Contractor”), and the STATE OF COLORADO acting by and
through the Clean Fleet Enterprise, a government owned business within the Department of
Public Health and Environment (the “State” or “CFE” or “CDPHE”). The Contractor and the
State agree to the terms and conditions in this Contract.
2.TERM AND EFFECTIVE DATE
A.Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State
shall not be bound by any provision of this Contract before the Effective Date, and
shall have no obligation to pay Contractor for any Work performed or expense
incurred before the Effective Date or after the expiration or sooner termination of
this Contract.
B.Initial Term
The Parties’ respective performances under this Contract shall commence on the
Contract Performance Beginning Date shown on the Signature and Cover Pages for
this Contract and shall terminate on the Initial Contract Expiration Date shown on
the Signature and Cover Pages for this Contract (the “Initial Term”) unless sooner
terminated or further extended in accordance with the terms of this Contract.
C.Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under
this Contract beyond the Initial Term for a period, or for successive periods, at the
same rates and under the same terms specified in the Contract (each such period an
“Extension Term”). In order to exercise this option, the State shall provide written
notice to Contractor in a form substantially equivalent to that in §20“Sample Option
Letter.” The State may include and incorporate a revised budget with the option
letter, as long as the revised budget does not unilaterally change rates or terms
specified in the Contract. Except as stated in §2.D, the total duration of this Contract,
including the exercise of any options to extend, shall not exceed 5 years from its
Performance Beginning Date, or the number of years specified on the Signature and
Cover Pages if such number is less than five (5) years absent prior approval from
the CFE Board of Directors.
D.End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then
in place, the State, at its discretion, upon written notice to Contractor as provided in
§15, may unilaterally extend such Initial Term or Extension Term for a period not
to exceed 2 months (an “End of Term Extension”), regardless of whether additional
Extension Terms are available or not. The provisions of this Contract in effect when
such notice is given shall remain in effect during the End of Term Extension. The
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 127
Item 9.
Page 4 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
End of Term Extension shall automatically terminate upon execution of a
replacement contract or modification extending the total term of the Contract.
E.Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this
Contract ceases to further the public interest of the State, the State, in its discretion,
may terminate this Contract in whole or in part. A determination that this Contract
should be terminated in the public interest shall not be equivalent to a State right to
terminate for convenience. This subsection shall not apply to a termination of this
Contract by the State for breach by Contractor, which shall be governed by §12.A.i.
i.Method and Content
The State shall notify Contractor of such termination in accordance with §15. The
notice shall specify the effective date of the termination and whether it affects all
or a portion of this Contract, and shall include, to the extent practicable, the public
interest justification for the termination.
ii.Obligations and Rights
Upon receipt of a termination notice for termination in the public interest,
Contractor shall be subject to §12.A.i.a.
iii.Payments
If the State terminates this Contract in the public interest, the State shall pay
Contractor an amount equal to the percentage of the total reimbursement payable
under this Contract that corresponds to the percentage of Work satisfactorily
completed and accepted, as determined by the State, less payments previously
made. Additionally, if this Contract is less than 60% completed, as determined
by the State, the State may reimburse Contractor for a portion of actual out-of-
pocket expenses, not otherwise reimbursed under this Contract, incurred by
Contractor which are directly attributable to the uncompleted portion of
Contractor’s obligations, provided that the sum of any and all reimbursement
shall not exceed the maximum amount payable to Contractor hereunder.
3.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.Breach of Contract” means the failure of a Party to perform any of its obligations
in accordance with this Contract, in whole or in part or in a timely or satisfactory
manner. The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law, by or against Contractor, or the appointment of a
receiver or similar officer for Contractor or any of its property, which is not vacated
or fully stayed within 30 days after the institution of such proceeding, shall also
constitute a breach. If Contractor is debarred or suspended under §24-109-105,
C.R.S. at any time during the term of this Contract, then such debarment or
suspension shall constitute a breach.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 128
Item 9.
Page 5 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
B.“Business Day” means any day in which the State is open and conducting business,
but shall not include Saturday, Sunday or any day on which the State observes one
of the holidays listed in §24-11-101(1) C.R.S.
C.“Contract” means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any
future modifications thereto. For purposes of clarification and the removal of any
doubt, subject to any future modifications thereto, the Signature and Cover Pages
and Sections 1 through 21, as identified in the Table of Contents herein above, shall
constitute the “main body” of this Contract exclusively.
D.“Contract Funds” means the funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this
Contract.
E.“CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
F.“End of Term Extension” means the time period defined in §2.D.
G.“Effective Date” means the date on which this Contract is approved and signed by
the Colorado State Controller or designee, as shown on the Signature and Cover
Page for this Contract.
H.“Exhibits” means the exhibits listed on the Signature and Cover Pages and attached
to this Contract.
I.“Extension Term” means the time period defined in §2.C.
J.“Goods” means any movable material acquired, produced, or delivered by
Contractor as set forth in this Contract and shall include any movable material
acquired, produced, or delivered by Contractor in connection with the Services.
K.“Incident” means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access or disclosure of State Confidential
Information or of the unauthorized modification, disruption, or destruction of any
State Records.
L.“Initial Term” means the time period defined in §2.B.
M.“Offeror” means any entity or individual submitting a proposal or application in
response to this solicitation.
N.“Party” means the State or Contractor, and “Parties” means both the State and
Contractor.
O.“PCI” means payment card information including any data related to credit card
holders’ names, credit card numbers, or the other credit card information as may be
protected by state or federal law.
P.“PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to
distinguish or trace an individual‘s identity, such as name, social security number,
date and place of birth, mother‘s maiden name, or biometric records; and any other
information that is linked or linkable to an individual, such as medical, educational,
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 129
Item 9.
Page 6 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
financial, and employment information. PII includes, but is not limited to, all
information defined as personally identifiable information in §24-72-501 C.R.S.
Q. “PHI” means any protected health information, including, without limitation any
information whether oral or recorded in any form or medium: (i) that relates to the
past, present or future physical or mental condition of an individual; the provision
of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (ii) that identifies the individual or with
respect to which there is a reasonable basis to believe the information can be used
to identify the individual. PHI includes, but is not limited to, any information defined
as Individually Identifiable Health Information by the federal Health Insurance
Portability and Accountability Act.
R. “Services” means the services to be performed by Contractor as set forth in this
Contract, and shall include any services to be rendered by Contractor in connection
with the Goods.
S. “State Confidential Information” means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not
limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not
subject to disclosure under CORA.
T. “State Fiscal Rules” means that fiscal rules promulgated by the Colorado State
Controller pursuant to §24-30-202(13)(a).
U. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar
year and ending on June 30 of the following calendar year. If a single calendar year
follows the term, then it means the State Fiscal Year ending in that calendar year.
V. “State Purchasing Director” means the position described in the Colorado
Procurement Code and its implementing regulations.
W. “State Records” means any and all State data, information, and records, regardless
of physical form, including, but not limited to, information subject to disclosure
under CORA.
X. “Subcontractor” means third-parties, if any, engaged by Contractor to aid in
performance of the Work.
Y. “Tax Information” means federal and State of Colorado tax information including,
without limitation, federal and State tax returns, return information, and such other
tax-related information as may be protected by federal and State law and regulation.
Tax Information includes, but is not limited to all information defined as federal tax
information in Internal Revenue Service Publication 1075.
Z. “Work” means the delivery of the Goods and performance of the Services described
in this Contract.
AA. “Work Product” means the tangible and intangible results of the Work, whether
finished or unfinished, including drafts. Work Product includes, but is not limited
to, documents, text, software (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures,
drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how,
and any other results of the Work. “Work Product” does not include any material
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 130
Item 9.
Page 7 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
that was developed prior to the Effective Date that is used, without modification, in
the performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
A. Completion of Work
Contractor shall complete the Work as described in this Contract and in accordance
with the provisions of the Exhibits. The State shall have no liability to compensate
Contractor for the delivery of any goods or the performance of any services that are
not specifically set forth in this Contract.
B. Option to Initiate Phase
The State, at its discretion, shall have the option to direct Contractor to begin
performance of any of the contract phases described in the Exhibits. In order to
exercise this option, the State shall provide written notice to Contractor in a form
substantially equivalent to §20 “Sample Option Letter.” The Contractor shall begin
work on each phase as of the effective date of the notice requiring Contractor to
complete that phase, or a later date if one is contained in the notice, and shall
complete all Work described for that phase in this Contract.
5. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract
Funds. The State shall not pay Contractor any amount under this Contract that
exceeds the Contract Maximum for that term shown on the Signature and Cover
Pages for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts listed in and in accordance
with the Exhibits.
b. Contractor shall initiate payment requests by invoice to the State, in a form
and manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt
of that invoice, so long as the amount invoiced correctly represents Work
completed by Contractor and previously accepted by the State during the
term that the invoice covers. If the State determines that the amount of any
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 131
Item 9.
Page 8 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
invoice is not correct, then Contractor shall make all changes necessary to
correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work
performed or deliverables provided under the Contract.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the
invoice shall bear interest on the unpaid balance beginning on the 45th day at the
rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full;
provided, however, that interest shall not accrue on unpaid amounts that the State
disputes in writing. Contractor shall invoice the State separately for accrued
interest on delinquent amounts, and the invoice shall reference the delinquent
payment, the number of day’s interest to be paid and the interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following
the earlier to occur of Contractor’s receipt of the payment or notification of the
determination or calculation of the payment by the State. The State will review
the information presented by Contractor and may make changes to its
determination based on this review. The calculation, determination or payment
amount that results from the State’s review shall not be subject to additional
dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute
under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Contractor beyond the current State Fiscal
Year is contingent on the appropriation and continuing availability of Contract
Funds in any subsequent year (as provided in the Colorado Special Provisions).
If CFE funds (which are not subject to state fiscal year appropriations), or if
federal funds or funds from any other non-State funds constitute all or some of
the Contract Funds the State’s obligation to pay Contractor shall be contingent
upon such non-State funding continuing to be made available for payment.
Payments to be made pursuant to this Contract shall be made only from Contract
Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Contract Funds. If State, federal or other funds are not
appropriated, or otherwise become unavailable to fund this Contract, the State
may, upon written notice, terminate this Contract, in whole or in part, without
incurring further liability. The State shall, however, remain obligated to pay for
Services and Goods that are delivered and accepted prior to the effective date of
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 132
Item 9.
Page 9 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
notice of termination, and this termination shall otherwise be treated as if this
Contract were terminated in the public interest as described in §2.E.
v.Option to Increase Maximum Amount
If the Signature and Cover Pages for this Contract show that the State has the
Option to Increase or Decrease Maximum Amount, then the State, at its
discretion, shall have the option to increase or decrease the statewide quantity of
Goods and Services based upon the rates established in this Contract, and increase
the maximum amount payable accordingly. In order to exercise this option, the
State shall provide written notice to Contractor in a form substantially equivalent
to §20 “Sample Option Letter.” Delivery of Goods and performance of Services
shall continue at the same rates and terms as described in this Contract. The State
may include and incorporate a revised budget with the option letter, as long as
the revised budget does not unilaterally change rates or terms specified in the
Contract.
vi.Option to Increase Rates
In the event the rates shown in the Exhibits are determined by a third party, the
State, at its discretion, shall have the option to increase or decrease the rates
shown in the Exhibits as the State determines is necessary to account for increases
or decreases in the rates. In order to exercise this option, the State shall provide
written notice to Contractor in a form substantially equivalent to §20 “Sample
Option Letter,” and any new rates table or exhibit shall be effective as of the
effective date of that notice unless the notice provides for a different date.
6.REPORTING - NOTIFICATION
A.Litigation Reporting
If Contractor is served with a pleading or other document in connection with an
action before a court or other administrative decision making body, and such
pleading or document relates to this Contract or may affect Contractor’s ability to
perform its obligations under this Contract, Contractor shall, within 5 days after
being served, notify the State of such action and deliver copies of such pleading or
document to the State’s principal representative identified in on the Signature and
Cover Page.
B.Performance Outside the State of Colorado or the United States, §24-102-206 C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S.,
Contractor shall provide written notice to the State, in accordance with 15, in a form
designated by the State, within 20 days following the earlier to occur of Contractor’s
decision to perform Services outside of the State of Colorado or the United States,
or its execution of an agreement with a Subcontractor to perform Services outside
the State of Colorado or the United States. Such notice shall specify the type of
Services to be performed outside the State of Colorado or the United States and the
reason why it is necessary or advantageous to perform such Services at such location
or locations, and such notice shall be a public record. Knowing failure by Contractor
to provide notice to the State under this §6.B shall constitute a breach of this
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 133
Item 9.
Page 10 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Contract. This section shall not apply if the Contract Funds include any federal
funds.
7.CONTRACTOR RECORDS
A.Maintenance
Contractor shall maintain a file of all documents, records, communications, notes
and other materials relating to the Work (the “Contractor Records”). Contractor
Records shall include all documents, records, communications, notes and other
materials maintained by Contractor that relate to any Work performed by
Subcontractors, and Contractor shall maintain all records related to the Work
performed by Subcontractors required to ensure proper performance of that Work.
Contractor shall maintain Contractor Records until the last to occur of: (i) the date 3
years after the date this Contract expires or is terminated, (ii) final payment under
this Contract is made, (iii) the resolution of any pending Contract matters, or (iv) if
an audit is occurring, or Contractor has received notice that an audit is pending, the
date such audit is completed and its findings have been resolved (the “Record
Retention Period”).
B.Inspection
Contractor shall permit the State to audit, inspect, examine, excerpt, copy and
transcribe Contractor Records during the Record Retention Period. Contractor shall
make Contractor Records available during normal business hours at Contractor’s
office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than 2 Business Days’ notice from the State, unless the State determines
that a shorter period of notice, or no notice, is necessary to protect the interests of
the State.
C.Monitoring
The State, in its discretion, may monitor Contractor’s performance of its obligations
under this Contract using procedures as determined by the State. The State shall
monitor Contractor’s performance in a manner that does not unduly interfere with
Contractor’s performance of the Work.
D.Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an
audit performed on Contractor’s records that relates to or affects this Contract or the
Work, whether the audit is conducted by Contractor or a third party.
8.CONFIDENTIAL INFORMATION-STATE RECORDS
A.Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential,
all State Records, unless those State Records are publicly available. Contractor shall
not, without prior written approval of the State, use, publish, copy, disclose to any
third party, or permit the use by any third party of any State Records, except as
otherwise stated in this Contract, permitted by law, or approved in writing by the
State. Contractor shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 134
Item 9.
Page 11 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Security and all applicable laws, rules, policies, publications, and guidelines. If
Contractor or any of its Subcontractors will or may receive the following types of
data, Contractor or its Subcontractors shall provide for the security of such data
according to the following: (i) the most recently promulgated IRS Publication 1075
for all Tax Information and in accordance with the Safeguarding Requirements for
Federal Tax Information attached to this Contract as an Exhibit, if applicable, (ii)
the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy for all CJI, and (iv) the federal Health
Insurance Portability and Accountability Act for all PHI and the HIPAA Business
Associate Agreement attached to this Contract, if applicable. Contractor shall
immediately forward any request or demand for State Records to the State’s
principal representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns and Subcontractors
who require access to perform their obligations under this Contract. Contractor shall
ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure
agreements at least as protective as this Contract, and that the nondisclosure
agreements are in force at all times the agent, employee, assign or Subcontractor has
access to any State Confidential Information. Contractor shall provide copies of
those signed nondisclosure agreements to the State upon request.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in
compliance with any and all applicable laws and regulations in facilities located
within the United States, and shall maintain a secure environment that ensures
confidentiality of all State Confidential Information wherever located. Contractor
shall provide the State with access, subject to Contractor’s reasonable security
requirements, for purposes of inspecting and monitoring access and use of State
Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Contract, Contractor shall return State Records
provided to Contractor or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Contractor is prevented by law or regulation
from returning or destroying State Confidential Information, Contractor warrants it
will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, it shall notify the State immediately
and cooperate with the State regarding recovery, remediation, and the necessity to
involve law enforcement, as determined by the State. Unless Contractor can
establish that none of Contractor or any of its agents, employees, assigns or
Subcontractors are the cause or source of the Incident, Contractor shall be
responsible for the cost of notifying each person who may have been impacted by
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 135
Item 9.
Page 12 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
the Incident. After an Incident, Contractor shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may
include, but is not limited to, developing and implementing a remediation plan that
is approved by the State, at no additional cost to the State. The State may, in its sole
discretion and at Contractor’s sole expense, require Contractor to engage the
services of an independent, qualified, State-approved third party to conduct a
security audit. Contractor shall provide the State with the results of such audit and
evidence of Contractor’s planned remediation in response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any
relationships that conflict in any way with the full performance of the obligations of
Contractor under this Contract. Such a conflict of interest would arise when a
Contractor or Subcontractor’s employee, officer or agent were to offer or provide
any tangible personal benefit to an employee of the State, or any member of his or
her immediate family or his or her partner, related to the award of, entry into or
management or oversight of this Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of
a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior
written approval, Contractor shall refrain from any practices, activities or
relationships that reasonably appear to be in conflict with the full performance of
Contractor’s obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain
whether a conflict or the appearance of a conflict has arisen, Contractor shall submit
to the State a disclosure statement setting forth the relevant details for the State’s
consideration. Failure to promptly submit a disclosure statement or to follow the
State’s direction in regard to the actual or apparent conflict constitutes a breach of
this Contract.
D. Contractor shall maintain a written conflict of interest policy. Contractor shall
provide the written conflict of interest policy to the State upon request.
10. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and
maintain insurance as specified in this section at all times during the term of this Contract.
All insurance policies required by this Contract shall be issued by insurance companies
approved by the State.
A. Workers’ Compensation
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 136
Item 9.
Page 13 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Workers’ compensation insurance as required by state statute, and employers’
liability insurance covering all Contractor or Subcontractor employees acting
within the course and scope of their employment.
B.General Liability
Commercial general liability insurance written covering premises operations, fire
damage, independent contractors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum limits
as follows:
i.$1,000,000 each occurrence;
ii.$1,000,000 general aggregate; and
iii.$1,000,000 products and completed operations aggregate
C.Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-
owned autos) with a minimum limit of $1,000,000 each accident combined single
limit.
D.Additional Insured
The State shall be named as additional insured on all commercial general liability
policies (leases and construction contracts require additional insured coverage for
completed operations) required of Contractor and Subcontractors.
E.Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary over any
insurance or self-insurance program carried by Contractor or the State.
F.Cancellation
The above insurance policies shall include provisions preventing cancellation or
non-renewal, except for cancellation based on non-payment of premiums, without
at least 30 days prior notice to Contractor and Contractor shall forward such notice
to the State in accordance with §15 within 7 days of Contractor’s receipt of such
notice.
G.Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in
relation to this Contract shall include clauses stating that each carrier shall waive all
rights of recovery under subrogation or otherwise against Contractor or the State, its
agencies, institutions, organizations, officers, agents, employees, and volunteers.
H.Public Entities
If Contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain,
in lieu of the liability insurance requirements stated above, at all times during the
term of this Contract such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is
a public entity within the meaning of the GIA, Contractor shall ensure that the
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 137
Item 9.
Page 14 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Subcontractor maintains at all times during the terms of this Contract, in lieu of the
liability insurance requirements stated above, such liability insurance, by
commercial policy or self-insurance, as is necessary to meet the Subcontractor’s
obligations under the GIA.
I. Certificates
Contractor shall provide to the State certificates evidencing Contractor’s insurance
coverage required in this Contract by the effective date of the contract. No later
than 15 days before the expiration date of Contractor’s or any Subcontractor’s
coverage, Contractor shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Contract, upon
request by the State, Contractor shall, within 7 Business Days following the request
by the State, supply to the State evidence satisfactory to the State of compliance
with the provisions of this §10.
11. BREACH
In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach
to the other Party. If the notified Party does not cure the Breach of Contract, at its sole
expense, within 30 days after the delivery of written notice, the Party may exercise any of
the remedies as described in §12 for that Party. Notwithstanding any provision of this
Contract to the contrary, the State, in its discretion, need not provide notice or a cure period
and may immediately terminate this Contract in whole or in part or institute any other
remedy in the Contract in order to protect the public interest of the State; or if Contractor
is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not
provide notice or cure period and may terminate this Contract in whole or in part or institute
any other remedy in this Contract as of the date that the debarment or suspension takes
effect.
12. REMEDIES
A. State’s Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such
breach, the State, following the notice and cure period set forth in §11., shall have all
of the remedies listed in this §12.A. in addition to all other remedies set forth in this
Contract or at law. The State may exercise any or all of the remedies available to it, in
its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Contractor’s uncured breach, the State may terminate this entire
Contract or any part of this Contract. Contractor shall continue performance of
this Contract to the extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Contractor shall not incur
further obligations or render further performance past the effective date of
such notice, and shall terminate outstanding orders and subcontracts with
third parties. However, Contractor shall complete and deliver to the State
all Work not canceled by the termination notice, and may incur obligations
as necessary to do so within this Contract’s terms. At the request of the
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 138
Item 9.
Page 15 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
State, Contractor shall assign to the State all of Contractor's rights, title, and
interest in and to such terminated orders or subcontracts. Upon termination,
Contractor shall take timely, reasonable and necessary action to protect and
preserve property in the possession of Contractor but in which the State has
an interest. At the State’s request, Contractor shall return materials owned
by the State in Contractor’s possession at the time of any termination.
Contractor shall deliver all completed Work Product and all Work Product
that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay
Contractor for accepted Work received as of the date of termination. If, after
termination by the State, the State agrees that Contractor was not in breach
or that Contractor's action or inaction was excusable, such termination shall
be treated as a termination in the public interest, and the rights and
obligations of the Parties shall be as if this Contract had been terminated in
the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall
remain liable to the State for any damages sustained by the State in
connection with any breach by Contractor, and the State may withhold
payment to Contractor for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from
Contractor is determined. The State may withhold any amount that may be
due Contractor as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess
costs incurred by the State in procuring from third parties replacement Work
as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional
remedies:
a. Suspend Performance
Suspend Contractor’s performance with respect to all or any portion of the
Work pending corrective action as specified by the State without entitling
Contractor to an adjustment in price or cost or an adjustment in the
performance schedule. Contractor shall promptly cease performing Work
and incurring costs in accordance with the State’s directive, and the State
shall not be liable for costs incurred by Contractor after the suspension of
performance.
b. Withhold Payment
Withhold payment to Contractor until Contractor corrects its Work.
c. Deny Payment
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 139
Item 9.
Page 16 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Deny payment for Work not performed, or that due to Contractor’s actions
or inactions, cannot be performed or if they were performed are reasonably
of no value to the state; provided, that any denial of payment shall be equal
to the value of the obligations not performed.
d. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret or other
intellectual property right, Contractor shall, as approved by the State, (a)
secure that right to use such Work for the State or Contractor; (b) replace
the Work with noninfringing Work or modify the Work so that it becomes
noninfringing; or, (c) remove any infringing Work and refund the amount
paid for such Work to the State.
B. Contractor’s Remedies
If the State is in breach of any provision of this Contract and does not cure such
breach, Contractor, following the notice and cure period in §11 and the dispute
resolution process in §14, shall have all remedies available at law and equity.
13. STATE’S RIGHT OF REMOVAL
The State retains the right to demand, at any time, regardless of whether Contractor is in
breach, the immediate removal of any of Contractor’s employees, agents, or subcontractors
from the work whom the State, in its sole discretion, deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this
Contract is deemed by the state to be contrary to the public interest or the State’s best interest.
14. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the
performance of this Contract which cannot be resolved by the designated Contract
representatives shall be referred in writing to a senior departmental management
staff member designated by the State and a senior manager designated by Contractor
for resolution.
B. Resolution of Controversies
If the initial resolution described in §14.A fails to resolve the dispute within 10
Business Days, Contractor shall submit any alleged breach of this Contract by the
State to the Procurement Official of CDPHE as described in §24-101-301(30), C.R.S.
for resolution in accordance with the provisions of §§24-106-109 and 24-109-101.1
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor
wishes to challenge any decision rendered by the Procurement Official, Contractor’s
challenge shall be an appeal to the executive director of the Department of Personnel
and Administration, or their delegate, under the Resolution Statutes before
Contractor pursues any further action as permitted by such statutes. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall
apply including, without limitation, time limitations.
15. NOTICES AND REPRESENTATIVES
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 140
Item 9.
Page 17 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Each individual identified on the Signature and Cover Pages shall be the principal
representative of the designating Party. All notices required or permitted to be given under
this Contract shall be in writing, and shall be delivered (A) by hand with receipt required,
(B) by certified or registered mail to such Party’s principal representative at the address set
forth on the Signature and Cover Pages for this Contract or (C) as an email with read receipt
requested to the principal representative at the email address, if any, set forth on the Signature
and Cover Pages for this Contract. If a Party delivers a notice to another through email and
the email is undeliverable, then, unless the Party has been provided with an alternate email
contact, the Party delivering the notice shall deliver the notice by hand with receipt required
or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative
contact information by notice submitted in accordance with this section without a formal
amendment to this Contract. Unless otherwise provided in this Contract, notices shall be
effective upon delivery of the written notice.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Contractor assigns to the State and its successors and assigns, the entire right, title,
and interest in and to all causes of action, either in law or in equity, for past, present,
or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product. Whether
or not Contractor is under contract with the State at the time, Contractor shall
execute applications, assignments, and other documents, and shall render all other
reasonable assistance requested by the State, to enable the State to secure patents,
copyrights, licenses and other intellectual property rights related to the Work
Product. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would
not be considered works made for hire under applicable law, Contractor hereby
assigns to the State, the entire right, title, and interest in and to copyrights in all
Work Product and all works based upon, derived from, or incorporating the Work
Product; all copyright applications, registrations, extensions, or renewals relating
to all Work Product and all works based upon, derived from, or incorporating the
Work Product; and all moral rights or similar rights with respect to the Work
Product throughout the world. To the extent that Contractor cannot make any of
the assignments required by this section, Contractor hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display,
perform, transfer, distribute, sell, and create derivative works of the Work Product
and all works based upon, derived from, or incorporating the Work Product by
all means and methods and in any format now known or invented in the future.
The State may assign and license its rights under this license.
ii. Patents
In addition, Contractor grants to the State (and to recipients of Work Product
distributed by or on behalf of the State) a perpetual, worldwide, no-charge,
royalty-free, irrevocable patent license to make, have made, use, distribute, sell,
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 141
Item 9.
Page 18 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
offer for sale, import, transfer, and otherwise utilize, operate, modify and
propagate the contents of the Work Product. Such license applies only to those
patent claims licensable by Contractor that are necessarily infringed by the Work
Product alone, or by the combination of the Work Product with anything else used
by the State.
iii. Assignments and Assistance
Whether or not Contractor is under contract with the State at the time,
Contractor shall execute applications, assignments, and other documents, and
shall render all other reasonable assistance requested by the State, to enable the
State to secure patents, copyrights, licenses and other intellectual property rights
related to the Work Product. To the extent that Work Product would fall under
the definition of “works made for hire” under 17 U.S.C.S. §101, the Parties
intend the Work Product to be a work made for hire. Contractor assigns to the
State and its successors and assigns, the entire right, title, and interest in and to
all causes of action, either in law or in equity, for past, present, or future
infringement of intellectual property rights related to the Work Product and all
works based on, derived from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Contract, any pre-
existing State Records, State software, research, reports, studies, photographs,
negatives or other documents, drawings, models, materials, data and information
shall be the exclusive property of the State (collectively, “State Materials”).
Contractor shall not use, willingly allow, cause or permit Work Product or State
Materials to be used for any purpose other than the performance of Contractor’s
obligations in this Contract without the prior written consent of the State. Upon
termination of this Contract for any reason, Contractor shall provide all Work
Product and State Materials to the State in a form and manner as directed by the
State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-
existing materials owned or licensed to Contractor including, but not limited to, all
pre-existing software, licensed products, associated source code, machine code, text
images, audio and/or video, and third-party materials, delivered by Contractor under
the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Contractor Property”). Contractor Property shall be licensed to the
State as set forth in this Contract or a State approved license agreement: (i) entered
into as exhibits to this Contract; (ii) obtained by the State from the applicable third-
party vendor; or (iii) in the case of open source software, the license terms set forth
in the applicable open source license agreement.
17. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater,
either on the Effective Date or at any time thereafter, this section shall apply. Contractor
agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-
106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 142
Item 9.
Page 19 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
reporting of contract performance information in the State’s contract management system
(“Contract Management System” or “CMS”). Contractor’s performance shall be subject to
evaluation and review in accordance with the terms and conditions of this Contract, Colorado
statutes governing CMS, and State Fiscal Rules and State Controller policies.
18. GENERAL PROVISIONS
A. Assignment
Contractor’s rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt
at assignment or transfer without such consent shall be void. Any assignment or
transfer of Contractor’s rights and obligations approved by the State shall be subject
to the provisions of this Contract
B. Subcontracts
Unless other restrictions are required elsewhere in this Contract, Contractor shall not
enter into any subcontract in connection with its obligations under this Contract
without providing notice to the State. The State may reject any such subcontract,
and Contractor shall terminate any subcontract that is rejected by the State and shall
not allow any Subcontractor to perform any Work after that Subcontractor’s
subcontract has been rejected by the State. Contractor shall submit to the State a
copy of each such subcontract upon request by the State. All subcontracts entered
into by Contractor in connection with this Contract shall comply with all applicable
federal and state laws and regulations, shall provide that they are governed by the
laws of the State of Colorado, and shall be subject to all provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §18.A, all provisions of this Contract, including the
benefits and burdens, shall extend to and be binding upon the Parties’ respective
successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of
this Contract and the performance of such Party’s obligations have been duly
authorized.
E. Captions and References
The captions and headings in this Contract are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in
this Contract to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments, are references to sections, subsections, exhibits or
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 143
Item 9.
Page 20 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
other attachments contained herein or incorporated as a part hereof, unless otherwise
noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of
which shall be deemed to be an original, but all of which, taken together, shall
constitute one and the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the
Parties related to the Work, and all prior representations and understandings related
to the Work, oral or written, are merged into this Contract. Prior or contemporaneous
additions, deletions, or other changes to this Contract shall not have any force or
effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding
the use of digital signatures issued under the State Fiscal Rules, then any agreement
or consent to use digital signatures within the electronic system through which that
signatory signed shall be incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall
only be effective if agreed to in a formal amendment to this Contract, properly
executed and approved in accordance with applicable Colorado State law and State
Fiscal Rules. Modifications permitted under this Contract, other than contract
amendments, shall conform to the policies promulgated by the Colorado State
Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current,
as may have been changed or amended since the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or
attachments such conflict or inconsistency shall be resolved by reference to the
documents in the following order of priority:
i. Colorado Special Provisions in §19 of the main body of this Contract.
ii. The provisions of the other sections of the main body of this Contract.
iii. Any other Exhibit(s) shall take precedence in alphabetical order.
L. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 144
Item 9.
Page 21 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Contractor’s or a Subcontractor’s website or any provision incorporated into any
click-through or online agreements related to the Work unless that provision is
specifically referenced in this Contract.
M. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect
the validity or enforceability of any other provision of this Contract, which shall
remain in full force and effect, provided that the Parties can continue to perform
their obligations under this Contract in accordance with the intent of the Contract.
N. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after
termination or expiration of the Contract shall survive the termination or expiration
of the Contract and shall be enforceable by the other Party.
O. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C.,
Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-
730123K) and from Colorado state and local government sales and use taxes under
§§39-26-704(1), et seq. C.R.S. (Colorado Sales Tax Exemption Identification
Number 98-02565). The State shall not be liable for the payment of any excise, sales,
or use taxes, regardless of whether any political subdivision of the state imposes
such taxes on Contractor. Contractor shall be solely responsible for any exemptions
from the collection of excise, sales or use taxes that Contractor may wish to have in
place in connection with this Contract.
P. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §18.A., this
Contract does not and is not intended to confer any rights or remedies upon any
person or entity other than the Parties. Enforcement of this Contract and all rights
and obligations hereunder are reserved solely to the Parties. Any services or benefits
which third parties receive as a result of this Contract are incidental to the Contract,
and do not create any rights for such third parties.
Q. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this
Contract, whether explicit or by lack of enforcement, shall not operate as a waiver,
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 145
Item 9.
Page 22 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
nor shall any single or partial exercise of any right, power, or privilege preclude any
other or further exercise of such right, power, or privilege.
R. CORA Disclosure
To the extent not prohibited by federal law, this Contract and the performance
measures and standards required under §24-103.5-101 C.R.S., if any, are subject to
public release through the CORA.
S. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the
highest standards of care, skill and diligence in Contractor’s industry, trade, or
profession.
T. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during
the term of this Contract, at its sole expense, all licenses, certifications, permits, and
other authorizations required to perform its obligations under this Contract, and shall
ensure that all employees, agents and Subcontractors secure and maintain at all times
during the term of their employment, agency or subcontract, all license,
certifications, permits and other authorizations required to perform their obligations
in relation to this Contract.
U. Indemnification
i. Applicability
This entire §18.U does not apply to Contractor if Contractor is a “public entity”
within the meaning of the GIA.
ii. General Indemnification
Contractor shall indemnify, save, and hold harmless the State, its employees,
agents and assignees (the “Indemnified Parties”), against any and all costs,
expenses, claims, damages, liabilities, court awards and other amounts (including
attorneys’ fees and related costs) incurred by any of the Indemnified Parties in
relation to any act or omission by Contractor, or its employees, agents,
Subcontractors, or assignees in connection with this Contract.
iii. Confidential Information Indemnification
Disclosure or use of State Confidential Information by Contractor in violation of
§8 may be cause for legal action by third parties against Contractor, the State, or
their respective agents. Contractor shall indemnify, save, and hold harmless the
Indemnified Parties, against any and all claims, damages, liabilities, losses, costs,
expenses (including attorneys’ fees and costs) incurred by the State in relation to
any act or omission by Contractor, or its employees, agents, assigns, or
Subcontractors in violation of §10.
iv. Intellectual Property Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties,
against any and all costs, expenses, claims, damages, liabilities, and other
amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 146
Item 9.
Page 23 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
in relation to any claim that any Work infringes a patent, copyright, trademark,
trade secret, or any other intellectual property right.
v. Accessibility Indemnification
Contractor shall indemnify, save, and hold harmless the state, its employees,
agents and assignees (collectively, the “Indemnified Parties”), against any and
all costs, expenses, claims, damages, liabilities, court awards and other amounts
(including attorneys’ fees and related costs) incurred by any of the Indemnified
Parties in relation to Contractor’s failure to comply with §§24-85-101, et seq.,
C.R.S., or the Accessibility Standards for Individuals with a Disability as
established by the Office of Information Technology pursuant to Section §24-
85-103 (2.5), C.R.S.
V. Accessibility
i. Contractor shall comply with and the Work Product provided under this
Contract shall be in compliance with all applicable provisions of §§24-85-
101, et seq., C.R.S., and the Accessibility Standards for Individuals with a
Disability, as established by the Governor’s Office Of Information
Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Contractor
shall also comply with all State of Colorado technology standards related to
technology accessibility and with Level AA of the most current version of the
Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. The State may require Contractor’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the State to attest to
Contractor’s Work Product and software is in compliance with §§24-85-101,
et seq., C.R.S., and the Accessibility Standards for Individuals with a
Disability as established by the Office of Information Technology pursuant to
Section §24-85-103 (2.5), C.R.S.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State
Controller or designee. If this Contract is for a Major Information Technology Project,
as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been
approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of
the State, its departments, boards, commissions committees, bureaus, offices,
employees and officials shall be controlled and limited by the provisions of the
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 147
Item 9.
Page 24 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort
Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk
management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this
Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these
statutes.
D. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as
an employee. Neither Contractor nor any agent or employee of Contractor shall be
deemed to be an agent or employee of the State. Contractor shall not have authorization,
express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through
the State and the State shall not pay for or otherwise provide such coverage for
Contractor or any of its agents or employees. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts
required by law, (ii) provide proof thereof when requested by the State, and (iii)
be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws
applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations
shall be null and void. All suits or actions related to this Contract shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the City and
County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold
Contractor harmless; requires the State to agree to binding arbitration; limits
Contractor’s liability for damages resulting from death, bodily injury, or damage to
tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Contract shall be construed as a waiver of any provision of §24-106-
109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Contractor hereby certifies and
warrants that, during the term of this Contract and any extensions, Contractor has and
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 148
Item 9.
Page 25 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Contractor is in violation of this provision,
the State may exercise any remedy available at law or in equity or under this Contract,
including, without limitation, immediate termination of this Contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-
201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the service or property described in this Contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that
would conflict in any manner or degree with the performance of Contractor’s services
and Contractor shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-
30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5),
C.R.S., the State Controller may withhold payment under the State’s vendor offset
intercept system for debts owed to State agencies for: (i) unpaid child support debts or
child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges
specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (iv) amounts required to be paid to
the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State
as a result of final agency determination or judicial action. The State may also recover,
at the State’s discretion, payments made to Contractor in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or
excess funds received by Contractor by deduction from subsequent payments under
this Contract, deduction from any payment due under any other contracts, grants or
agreements between the State and Contractor, or by any other appropriate method for
collecting debts owed to the State.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 149
Item 9.
Page 26 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
20. SAMPLE OPTION LETTER
State Agency :
Clean Fleet Enterprise (CFE)
Colorado Department Of Public Health and Environment
Air Pollution Control Division
4300 Cherry Creek Dr South
Denver, CO 80246
Original Contract Number:
Click here to enter text
Contractor (Name and Address)
Click here to enter text
Option Letter Contract Number:
Click here to enter text
Contract Performance Beginning Date :
Click here to enter text
Current Contract Expiration Date:
Click here to enter text
CONTRACT MAXIMUM AMOUNT TABLE
Document
Type
Contract
Number
CAQE Funding
Amount
State Funding
Amount
Other Funding
Amount
Term (dates) Total
Current Contract Maximum
Cumulative Amount
1. OPTIONS
1. Option to extend for an Extension Term
2. Option to change quantity of goods under the Contract
3. Option to change quantity of services under the Contract
4. Option to change Contract rates
5. Option to initiate next phase of Contract
2. REQUIRED PROVISIONS:
1. In accordance with Section(s) Click here to enter text of the Original Contract referenced
above the State hereby exercises its option for an additional term, beginning Click here
to enter text and ending on the current contract expiration date shown above, at the rates
stated in the Original Contract, as amended.
2. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above, the State hereby exercises its option to Click here to enter text the quantity of
Click here to enter text at the rates stated in the Original Contract as amended for the
following reason: Click here to enter text
3. In accordance with Section(s) Click here to enter text of the Original Contract referenced
above the State hereby exercises its option to modify the Contract rates specified in Click
here to enter text for the following reason: Click here to enter text. The Contract rates
attached to this Option Letter replace the rates in the Original Contract as of the Option
Effective Date of this Option Letter.
4. In accordance with Section(s) Click here to enter text of the Original Contract referenced above,
the State hereby exercise its option to initiate Phase Click here to enter text, which shall
begin on Click here to enter text and end on Click here to enter text at the cost/price
specified in Section Click here to enter text .
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 150
Item 9.
Page 27 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
5. The Contract Maximum Amount table is deleted and replace with the Current Contract
Maximum Amount Maximum Amount table shown above
3. OPTION EFFECTIVE DATE:
1. The effective date of this Option Letter is upon approval of the State Controller or Click here
to enter text whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
Clean Fleet Enterprise
CFE Board of Directors
_____________________________________________
By: Signature
_____________________________________________
CFE Board of Director Name
_____________________________________________
CFE Board of Director Title
Date: _________________________
In accordance with §24-30-202 C.R.S., this Option is not
valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
__________________________________________
By: Signature
__________________________________________
Name of State Controller Delegate
__________________________________________
Option Effective Date: _________________________
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 151
Item 9.
Page 28 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
ADDITIONAL PROVISIONS
To Original Contract Routing Number 2024*3395
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. CDPHE will distribute funding as a cost-reimbursement only via invoices submitted by the Contractor.
a. Project expenses will be reimbursed monthly for approved expenses incurred during the prior
month.
b. Allowable expenses will be reimbursed monthly upon receipt and approval of a submitted
invoice.
c. Invoice submissions are required within forty-five (45) days after month-end.
i. Source documentation demonstrating actual expenses incurred will be subjected to
review.
ii. All expenditures must be reasonable, necessary, and approved by CDPHE for the
completion of approved grant activities, and must comply with the State of Colorado
fiscal rules.
iii. CDPHE will not reimburse any costs incurred by selected applicants prior to the issuance
of a legally executed Contract.
2. To receive compensation under the Contract, the Contractor shall submit a signed CDPHE Standardized
Invoice Form. This form is accessible from the CDPHE internet website
https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and made
part of this Contract by reference. CDPHE will provide technical assistance in accessing and completing
the form. The CDPHE Reimbursement Invoice Form and Expenditure Details page must be submitted no
later than forty-five (45) calendar days after the end of the billing period for which services were rendered.
Expenditures shall be in accordance with the Statement of Work and Budget. The Contractor shall submit
the invoice using the method listed below:
1. Scan the completed and signed CDPHE Reimbursement Invoice Form
2. The Contractor shall submit receipts for every separate invoice request.
3. Email the scanned invoice and Expenditure Details page and (supporting documentation) to:
APCD Fiscal Staff at cdphe_apcd_fiscal@state.co.us
The Contractor, when the project involves subcontracted elements, shall submit the CDPHE Standardized
Invoice Form using the method listed below:
1. Scan the completed and signed CDPHE Standardized Invoice Form
2. The Contractor shall include the subcontractor’s invoice as an attachment.
3. Email the scanned invoice and Expenditure Details page to:
APCD Fiscal Staff at cdphe_apcd_fiscal@state.co.us
Final billings under the Contract must be received by the State within a reasonable time after the expiration
or termination of the Contract; but in any event no later than forty-five (45) calendar days from the
effective expiration or termination date of the Contract.
The State of Colorado will only reimburse reasonable, necessary, and approved actual costs incurred on this
project.
3. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
Exhibit A
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 152
Item 9.
Page 29 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State’s
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30)
calendar days, to correct the noted deficiencies.
4. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 153
Item 9.
Page 30 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
STATEMENT OF WORK
To Original Contract Number 2024*3395
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
I. Entity Name: City of Fort Collins
II. Project Description:
This project serves to achieve maximum air quality benefits for the people of Colorado by transitioning
fossil fuel vehicles to Enterprise Approved Fleet Vehicles. Colorado Department of Public Health and
Environment (CDPHE) distributes funding through the Clean Fleet Enterprise’s (CFE) Clean Fleet Vehicle
and Technology grant program. Colorado Senate Bill 21-260 (Sustainability of the Transportation System)
created the Clean Fleet Enterprise within the CDPHE for the business purpose of incentivizing and
supporting the use of light, medium, and heavy-duty electric motor vehicles and other clean fleet
technologies by owners and operators of motor vehicle fleets. CDPHE manages the disbursement of funds
for this project.
III. Definitions:
1. APCD: Air Pollution Control Division
2. CFE: Clean Fleet Enterprise
3. CFVT: Clean Fleet Vehicle & Technology Grant Program
4. Contractor: the awarded CFVT entity and any subsidiaries
5. Enterprise Approved Fleet Vehicle: vehicles outlined in the CFVT Program Guide to include:
light, medium and heavy duty vehicles used for business purposes..
6. Enterprise Approved Fleet Vehicle Fuel Type:
a. BEV: Battery Electric Vehicle
b. PHEV: Plug-in Hybrid Electric Vehicle
c. CNG: Compressed Natural Gas Vehicle-fueled with 90% recovered methane
d. FCEV: Fuel Cell Electric Vehicle
7. Vehicle Depreciation Document: Document outlining a depreciation schedule for vehicles that
are sold, relocated outside of Colorado, or become permanently inoperable prior to conclusion of
this contract.
8. Vehicle Scrappage: Fossil-fueled vehicles which are rendered permanently inoperable by means
of crushing and destroying engine, transmission and chassis components.
9. Predetermined Fossil-fueled Vehicles: Fossil-fueled vehicles selected for permanent removal
from the fleet by means of vehicle scrappage.
10. Proof of Order: Documentation in the form of a sales receipt, or similar, that the Enterprise
Approved Fleet Vehicle has been ordered by the Contractor.
11. Proof of Purchase: Documentation in the form of a sales receipt, or similar, that the Enterprise
Approved Fleet Vehicle has been paid for by the Contractor.
12. Vehicle Operational Data: Including monthly miles traveled, fuel consumption (in kWh or
similar), primary charging or fueling location, fuel economy (MPG or MPGe), vehicle vocation,
basic route information, and percentage of recovered methane used in fueling (when applicable).
13. Vehicle Information: Including Vehicle Identification Number (VIN), license plate number, proof
of approved State of Colorado registration and proof of insurance.
IV. Work Plan:
Goal #1: To improve and protect the air quality in Colorado through incentivizing, supporting, and accelerating the adoption
of Enterprise Approved Fleet Vehicle(s) and other clean fleet technologies by owners and operators of motor vehicle fleets as
authorized by the Clean Fleet Enterprise created pursuant to § 25-7.5-103, C.R.S.
Exhibit B
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 154
Item 9.
Page 31 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
Objective #1: No later than the expiration date of the Contract, acquire Enterprise Approved Fleet Vehicle.
Primary Activity #1 The Contractor shall acquire Enterprise Approved Fleet Vehicle(s) for routine usage in
daily business operations.
Sub-Activities #1
1. The Contractor shall provide CDPHE with proof that each Enterprise Approved Fleet
Vehicle order has been placed.
2. The Contractor shall, upon the vehicle delivery, provide CDPHE with proof of payment for
an Enterprise Approved Fleet Vehicle Fuel Types.
Primary Activity #2 The Contractor shall, when applicable, dispose of predetermined fossil-fueled vehicles
utilizing the Vehicle Scrappage Requirements document.
Sub-Activities #2
1. The Contractor shall, when applicable, provide Vehicle Scrappage reimbursement requests
separate from Enterprise Approved Fleet Vehicles.
2. The Contractor shall use the Vehicle Scrappage Checklist, provided in the Vehicle
Scrappage Requirements document, when submitting a Vehicle Scrappage reimbursement
request.
Primary Activity #3 The Contractor shall collect information for each awarded Enterprise Approved Fleet Vehicle
for the semi-annual Vehicle Operational Data report.
Sub-Activities #3
1. The Contractor shall provide Vehicle Operational Data for each awarded Enterprise
Approved Fleet Vehicle no later than April 30th and October 31st of each calendar year
after being put into regular fleet operation.
2. The Contractor shall complete a Vehicle Operational Data Form to include each Enterprise
Approved Fleet Vehicle awarded.
Standards and
Requirements
1. The content of electronic documents located on CDPHE and non-
CDPHE websites and information contained on CDPHE and non-
CDPHE websites may be updated periodically during the Contract
term. The Contractor shall monitor documents and website content
for updates and comply with all updates.
2. The Contractor shall comply with the requirements of the Clean
Fleet Vehicle & Technology Grant Program as governed by Senate
Bill 21-260 Sustainability of the Transportation System. This
information is incorporated and made part of this Contract by
reference and is available on the following website:
https://leg.colorado.gov/bills/sb21-260 and as set forth in statute at
§ 24-38.5-302, et seq., C.R.S., § 25-7.5-101, et seq., C.R.S.
3. The Contractor shall comply with Registration Requirements for
each awarded Enterprise Approved Fleet Vehicle. This information
is located on the State of Colorado Department of Revenue Division
of Motor Vehicles website https://dmv.colorado.gov/registration-
requirements and is incorporated and made part of this contract by
reference.
4. The Contractor shall comply with the requirements of the Vehicle
Scrappage Requirements document for the disposal of each
predetermined fossil-fueled vehicle. This information is
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 155
Item 9.
Page 32 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
incorporated and made part of this contract by reference and ]is
available on the following website:
https://cdphe.colorado.gov/clean-fleet-vehicle-technology-grant-
program
5. The Contractor shall comply with the requirement to provide a
semi-annual Vehicle Operational Data Form to include each
Enterprise Approved Fleet Vehicle awarded. This document is
incorporated and made part of this contract by reference and is
available on the following website:
https://cdphe.colorado.gov/clean-fleet-vehicle-technology-grant-
program
6. The Contractor shall provide CDPHE with Proof of Order
documentation for each awarded Enterprise Approved Fleet Vehicle
that may include, where appropriate:
a. Dealer documentation of order placed
b. Manufacturer documentation of order placed.
c. Documentation as approved by Enterprise staff.
7. The Contractor shall provide CDPHE Proof of Purchase for each
awarded Enterprise Approved Fleet Vehicle acquired to include:
a. VIN number
b. Proof of Colorado approved registration
c. JPEG formatted photos of each awarded Enterprise
Approved Fleet Vehicle to include:
i. Front of vehicle(s)
ii. Side of vehicle(s)
iii. Rear of vehicle(s)
8. The Contractor shall guarantee that Leasing Agreement includes
the following, at a minimum, for any leased Enterprise Approved
Fleet Vehicle:
a. language regarding ownership
b. maintenance provisions
c. State funds to be payments towards principal
9. The Contractor shall provide Lease Agreement documents for
review prior to the Lease Agreement being executed.
10. CDPHE will review Lease Agreements provided by the Contractor
within 20 business days to:
a. Ask clarifying questions
b. Provide feedback.
11. The Contractor shall retain ownership of the Enterprise Approved
Fleet Vehicle upon delivery.
12. The Contractor shall maintain any Lease Agreement for the
duration of this contract.
13. The Contractor shall provide routine maintenance for each awarded
Enterprise Approved Fleet Vehicle in accordance with the
manufacturer’s specification(s).
14. The Contractor shall incur repair/replacement costs for each
awarded Enterprise Approved Fleet Vehicle or up-fitting equipment
damaged by the Contractor, agents or subcontractors.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 156
Item 9.
Page 33 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
15. The Contractor shall address any vehicle deficiencies under the
manufacturer’s warranty for each awarded Enterprise Approved
Fleet Vehicle.
16. The Contractor shall utilize each awarded Enterprise Approved
Fleet Vehicle for the duration of this contract.
17. The Contractor shall notify the CDPHE immediately of any
awarded Enterprise Approved Fleet Vehicle(s) that becomes
permanently inoperable prior to the expiration date of the contract.
18. The Contractor shall comply with the Vehicle Depreciation
Document regarding the reimbursement schedule of the total funds
provided by the State for each Enterprise Approved Fleet Vehicle
that becomes permanently inoperable prior to the conclusion of the
contract. This document is incorporated and made part of this
contract by reference and is available on the following website:
https://cdphe.colorado.gov/clean-fleet-vehicle-technology-grant-
program
19. The Contractor shall notify the CDPHE immediately of any intent
to sell any awarded Enterprise Approved Fleet Vehicle(s) prior to
the expiration date of the contract.
20. The Contractor shall comply with the Vehicle Depreciation
Document regarding the reimbursement schedule of the total funds
provided by the State for each Enterprise Approved Fleet Vehicle
that is sold prior to the conclusion of the contract.This document is
incorporated and made part of this contract by reference and is
available on the following website:
https://cdphe.colorado.gov/clean-fleet-vehicle-technology-grant-
program
21. The Contractor shall notify the CDPHE a minimum of six (6)
months prior to any intent to permanently relocate any awarded
Enterprise Approved Fleet Vehicle outside of the State of Colorado
22. The Contractor shall comply with the Vehicle Depreciation
Document regarding the reimbursement schedule of the total funds
provided by the State for each Enterprise Approved Fleet Vehicle
that is permanently relocated outside of the State of Colorado prior
to the conclusion of the contract. This document is incorporated and
made part of this contract by reference and is available on the
following website: https://cdphe.colorado.gov/clean-fleet-vehicle-
technology-grant-program
23. CDPHE will adhere to contacting awardees to collect the Vehicle
Operational Data Form for the duration of this Contract. Vehicle
Operational Data Forms will be collected and reported no later than
April 30th and October 31st of each calendar year for the duration
of this contract.
24. The Contractor shall provide Vehicle Operational Data operational
reporting data for each awarded Enterprise Approved Fleet Vehicle
placed into service for the duration of this contract.
25. The Contractor shall provide a list of overnight locations for each
awarded Enterprise Approved Fleet Vehicle to comply with
insurance requirements.
26. The Contractor shall maintain active vehicle insurance coverage on
each awarded Enterprise Approved Fleet Vehicle in accordance
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 157
Item 9.
Page 34 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
with the State’s minimum requirements set forth in the main body
of this Contract.
27. The Contractor shall operate the Enterprise Approved Fleet Vehicle
in the state of Colorado, limiting routes and trips for vehicle
operation in neighboring states.
28. The Contractor shall limit/prohibit the use of any Enterprise
Approved Fleet Vehicle by a subcontractor without prior written
approval from CDPHE.
29. CDPHE will review Contractor requests to subcontract any awarded
Enterprise Fleet Vehicle within 20 business days to:
a. Ask clarifying questions
b. Provide feedback.
30. The Contractor shall, upon request, allow site visits to confirm
awarded Enterprise Approved Fleet Vehicles are still in service to
be conducted by:
a. CDPHE, and
b. CFE.
31. CDPHE will, in coordination with CFE, provide a minimum of 10
business days’ notice when requesting a site visit with the
Contractor.
32. The Contractor shall submit all deliverables due under this contract
electronically via email to the Mobile Sources Program Staff.
Expected Results of
Activity(s) Decreased fossil-fuel emissions within Colorado.
Measurement of Expected
Results Semi-annual Vehicle Operational Data for each awarded Enterprise Approved Fleet Vehicle(s).
Completion Date
Deliverables 1. The Contractor shall submit Proof of Order for each Enterprise
Approved Fleet Vehicle.
No later than 120
calendar days after
contract execution
2. The Contractor shall submit Proof of Purchase for reimbursement
of each awarded Enterprise Approved Fleet Vehicle.
No later than 45
calendar days after
receipt of the
eligible vehicle.
3. The Contractor shall submit Vehicle Information for each
approved vehicle acquisition.
No later than 45
calendar days after
receipt of the
eligible vehicle.
4. The Contractor shall submit a Vehicle Scrappage Documentation
Checklist for each predetermined fossil-fueled vehicle that has
been scrapped.
No later than 12
months after receipt
of eligible vehicle.
5. The Contractor shall submit semi-annual Vehicle Operational Data
Forms to CDPHE.
No later than April
30th and October
31st of each
calendar year after
the vehicle begins
fleet service.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 158
Item 9.
Page 35 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
V. Monitoring:
CDPHE’s monitoring of this Contract for compliance with performance requirements will be conducted
throughout the contract period by the Mobile Sources Program Staff. Methods used will include a review
of documentation determined by CDPHE to be reflective of performance to include review of semi-annual
Vehicle Operation Data reports. The Contractor’s performance will be evaluated at set intervals and
communicated to the contractor.
VI. Resolution of Non-Compliance:
CDPHE’s monitoring of this Contract for compliance with performance requirements will be conducted
throughout the contract period by the Mobile Sources Program Staff. Methods used will include a review of
documentation determined by CDPHE to be reflective of performance to include review of semi-annual
Vehicle Operation Data reports. The Contractor’s performance will be evaluated at set intervals and
communicated to the contractor.
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 159
Item 9.
Page 36 of 36
Original Contract Number: 2024*3395 CFE Contract Template 10.2022
BUDGET
Line Item Description: Amount the State will reimburse up to:
Enterprise Approved Fleet Vehicle(s) $910,000.00
N/A $0.00
TOTAL $910,000.00
This Contract shall not exceed Nine Hundred Ten Thousand Dollars ($910,000.00).
Exhibit C
DocuSign Envelope ID: 8E740AD9-6C05-4A1D-9116-E63E14205AC1
EXHIBIT A TO RESOLUTION 2024-027
Page 160
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Director, Civil Engineering
Brad Buckman, City Engineer
SUBJECT
Items Relating to the Power Trail and Harmony Grade Separated Crossing Project.
EXECUTIVE SUMMARY
A. Resolution 2024-028 Authorizing an Intergovernmental Agreement Between the City of Fort Collins,
Colorado, and the Colorado Department of Transportation for the Power Trail and Harmony Grade
Separated Crossing Project.
B. First Reading of Ordinance No. 041, 2024, Making Supplemental Appropriations in the Capital Projects
Fund of Colorado Department of Transportation Alternative Program Grant Funds and the Congestion
Mitigation and Air Quality Grant Funds, for the Power Trail and Harmony Grade Separated Crossing
Project.
The purpose of this item is to enable the City to receive and expend federal pass-thru funds for the Power
Trail and Harmony Grade Separated Crossing Project (the Project). The funds will be used for construction
of a pedestrian and bicycle underpass located approximately 500 feet west of the intersection of Harmony
Road and Union Pacific Railroad. If approved this item will:
Authorize the Mayor to execute an Intergovernmental Agreement (IGA) for the Project with the
Colorado Department of Transportation (CDOT);
Appropriate $800,000 of unanticipated Transportation Alternative Program (TAP) grant funds for the
Project; and
Appropriate $2,700,000 of Congestion Mitigation and Air Quality (CMAQ) grant funds for the Project.
Previously appropriated funds will be used for local match requirements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
Page 161
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
The Project will design, acquire any necessary right-of-way for, and construct a trail underpass for the
Power Trail crossing at Harmony Road. A separate project will construct trail connections north and south
of Harmony Road to connect the underpass with the existing Power Trail.
The current route for the Power Trail directs bicycles and pedestrians to use the City roadway network
north and south of Harmony Road, and cross Harmony Road at-grade at McMurry Avenue. Several
residential neighborhoods are south of Harmony Road near the Project location, and several destinations
are north of Harmony Road including multiple schools, businesses, a park and a golf course. The existing
at-grade crossing has been the scene of several severe crashes involving vulnerable road users in recent
years, resulting in a cyclist fatality. This Project will complete the last gap in the Power Trail, providing
connectivity from the Poudre River Corridor to the Big Thompson Corridor. The City is also working through
design and construction of multiple projects to connect the Power Trail to the local trail network and
residential communities in southeast Fort Collins, including the pedestrian overpass crossing the Union
Pacific Railroad tracks south of Harmony Road connecting the Mail Creek Trail heading east to Bacon
Elementary, a future school side park, and several existing communities via an underpass of Timberline
Road. Additionally, several residential developments near the Power Trail are in design and construction,
adding to future trail demand and potential diversion of vehicle trips. Finally, the Power Trail is regionally
significant and identified in the North Front Range Metropolitan Planning Organization (NFRMPO) Regional
Active Transportation Plan as part of the Front Range Trail (West) adopted in July 2021.
In 2016, the City applied for and was awarded $800,000 through a federal Transportation Alternatives
Program (TAP) grant. These TAP funds were awarded to the City, programmed for FY2020, through the
NFRMPO and CDOT for the construction of the Project (Attachment 4).
In 2022, the City was awarded a CMAQ grant for $2,700,000. These CMAQ funds were awarded to the
City, programmed for FY2023-FY2024 through the NFRMPO and CDOT for the construction of the Project
(Attachment 5 – Note the $2.7 million corresponds to CMAQ funding for FY2023, FY2024 and FY2025).
In 2023, the City applied for and was awarded $3,239,300 in additional CMAQ funds through the NFRMPO
(Attachment 5). These funds are required to complete construction of the Project planned for 2025.
As demonstrated in the CMAQ Grant Award Letter (Attachment 5), an additional $3,239,300 in CMAQ
funds are programmed for FY2026. These CMAQ funds will be requested for appropriation along with
additional City funds required to complete the project as part of the City’s 2025-2026 Budget.
CITY FINANCIAL IMPACTS
This item appropriates $3.5 million in costs to support the Power Trail and Harmony Grade Separated
Crossing Project from:
$2.7 million in unanticipated CMAQ funds (17.21% local match to be met with previously appropriated
CCIP funds)
$800,000 in unanticipated TAP funds (20% local match to be met with previously appropriated CCIP
funds)
Both the CMAQ and TAP funds apply on a reimbursement basis, meaning Capital Project Funds expenses
will be reimbursed up to $3.5 million.
The City’s required local match and overmatch funds were previously appropriated as follows:
Page 162
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Prior Appropriated Funds
Transportation Capital Expansion Fee (TCEF) Funds $399,120
Transportation Fund $880
CCIP – Ped/Bike Grade Separated Crossing $2,900,000
Total Prior Appropriation $3,700,000
Funds to be Appropriated with this Action
Transportation Alternative Program (TAP) Grant Funds $800,000
Congestion Mitigation and Air Quality (CMAQ) Grant $2,700,000
Total Funds to be Appropriated per this Action $3,500,000
Based upon appropriations under this Ordinance combined with previously appropriated funds, as noted
above, a total of $7,200,000 is available to support completion of the Project.
As demonstrated in the CMAQ Grant Award Letter (Attachment 5), an additional $3,239,300 in CMAQ
funds are programmed for FY2026. These CMAQ funds will be requested for appropriation along with
additional City funds required to complete the Project as part of the City’s 2025-2026 Budget.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Bicycle Advisory Committee
Commission on Disabilities
Transportation Board
Parks and Recreation Advisory Board
PUBLIC OUTREACH
Staff has developed a Public Engagement Plan for the Project. Staff has discussed and presented
conceptual level drawings and renderings at several public outreach events including Kinard MS FC Moves
Outreach Event, 2023 and 2024 Transportation Project Fairs and an upcoming Kruse ES Bike to School
Day Open House. A Project website is regularly updated with Project information and upcoming milestones.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. TAP Grant Award Letter
5. CMAQ Grant Award Letter
6. Power Trail and Harmony Project – Vicinity Map
7. Power Trail and Harmony Project – Renderings
Page 163
Item 10.
-1-
RESOLUTION 2024-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF FORT COLLINS, COLORADO, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE POWER TRAIL AND
HARMONY GRADE SEPARATED CROSSING PROJECT
A. This Resolution concerns construction of and funding for a pedestrian and
bicycle underpass to extend the Power Trail in the vicinity of East Harmony Road.
B. The Power Trail provides a north-south route through Fort Collins in two
disconnected segments along the west side of the Union Pacific Railroad, traveling past
neighborhoods, open spaces, two parks, Collindale Golf Course, and Kruse Elementary
School. The Trail’s northern end begins at Edora Park and stretches to just north of
Harmony Road via Golden Meadows Park, stopping at McMurry Avenue. The Trail
resumes at Keenland Drive to the west side of the railroad, travels to Trilby Road and
then continues south along Stanton Creek to the Carpenter Road underpass and a
connection to the Larimer County Front Range Trail and the Loveland Boyd Lake trail.
C. The current route for the Power Trail directs bicycles and pedestrians to use
the City roadway network north and south of Harmony Road, which involves crossing
Harmony Road at-grade at McMurry Avenue. Several residential neighborhoods are
south of Harmony Road near the Trail, and several destinations are north of Harmony
Road including multiple schools, businesses, parks, and a golf course. The existing at-
grade crossing has been the scene of several severe crashes involving vulnerable road
users in recent years, including a crash resulting in a cyclist fatality.
D. The Power Trail and Harmony Grade Separated Crossing Project (the
“Project”) has been developed to improve bicycle and pedestrian safety and to facilitate
trail connectivity. The Project will design, acquire any necessary right-of-way for, and
construct a trail underpass for the Power Trail crossing at Harmony Road. A separate
project will construct trail connections north and south of Harmony Road to connect the
underpass with the existing Power Trail. Together, this Project and the trail connections
work will complete the last gap in the Power Trail, providing connectivity from the Poudre
River Corridor to the Big Thompson Corridor.
E. The Project is one of multiple projects to connect the Power Trail to the local
trail network and to current and future residential communities, schools, and parks in
southeast Fort Collins. Current and future developments will add to trail demand and a
robust trail network will potentially divert vehicle trips.
F. The Power Trail is regionally significant and identified in the North Front
Range Metropolitan Planning Organization (the “NFRMPO”) Regional Active
Transportation Plan as part of the Front Range Trail (West) adopted in July 2021 . The
grade separated crossing is identified in the City’s 2014 Bicycle Master Plan as a bicycle
network priority.
Page 164
Item 10.
-2-
G. City staff presented the Project to the Bicycle Advisory Committee, the
Commission on Disabilities, the Transportation Board, and the Parks and Recreation
Advisory Board, all of whom support the Project.
H. In 2016, the City applied for and was awarded $800,000 through a federal
Transportation Alternatives Program (“TAP”) grant. These TAP funds were awarded to
the City, programmed for FY2020, through the NFRMPO and Colorado Department of
Transportation (“CDOT”) for the construction of the Project.
I. In 2022, the City was awarded a Congestion Mitigation and Air Quality
(“CMAQ”) grant for $2,700,000. These CMAQ funds were awarded to the City,
programmed for FY2023-FY2024, through the NFRMPO and CDOT for the construction
of the Project.
J. In 2023, the City applied for and was awarded $3,239,300 in additional
CMAQ funds through the NFRMPO. These funds are required to complete construction
of the Project planned for 2025. The additional $3,239,300 in CMAQ funds are
programmed for FY2026 and will be requested for appropriation along with additional City
funds required to complete the Project as part of the City’s 2025-2026 Budget.
K. The feasibility study and design phases that preceded the Project and the
City’s required local match and overmatch funds were previously appropriated from
Transportation Capital Expansion Fee funds, the Tran sportation Fund, and Community
Capital Improvement Program funds for pedestrian and bicycle grade separated
crossings.
L. CDOT administers the grant funds for the Project and has proposed an
intergovernmental agreement (the “IGA”) to enable the City to receive and expend the
grant funds to continue to address the safety concerns and to further develop the City’s
transportation infrastructure and interconnected trail network.
M. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the 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.
N. Article II, Section 16 of the City Charter 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.
O. City Code Section 1-22 requires the City Council to approve IGAs that
require the City to make a direct, monetary payment over $50,000, and the proposed IGA
requires the City to provide matching funds in the amount of $1,434,635.
Page 165
Item 10.
-3-
P. The City Council has determined that the IGA with CDOT is in the best
interests of the City and that the Mayor be authorized to execute the IGA between the
City and CDOT in support thereof.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council authorizes the Mayor to execute, on behalf of the
City, an Intergovernmental Agreement with the Colorado Department of Transportation,
in substantially the form attached hereto as Exhibit A, with such additional or modified
terms and conditions 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 of this Resolution.
Section 2. The City Council hereby authorizes the City Manager to approve and
execute future amendments to the IGA that the City Manager, in consultation with the City
Attorney, determines to be necessary and appropriate to facilitate completion of the
Power Trail and Harmony Grade Separated Crossing Project, so long as such
amendments do not increase the cost of the Project, substantially modify the purposes of
the IGA, increase the allocation or amount of funding for the Project funded by the City,
or otherwise increase the obligations and responsibilities of the City as set forth in the
IGA.
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Heather N. Jarvis
Page 166
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 1 of 29
STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT
Signature and Cover Page
State Agency
Department of Transportation
Agreement Routing Number
24-HA4-XC-00244
Local Agency
City of Fort Collins
Agreement Effective Date
The later of the effective date or
October 20, 2023
Agreement Description
Power Trail Underpass
Agreement Expiration Date
October 19, 2033
Project #
TAP M455-123 (21888)
Region #
4
Contract Writer
TCH
Agreement Maximum Amount
$8,173,936.00
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this
Agreement and to bind the Party authorizing his or her signature.
LOCAL AGENCY
City of Fort Collins
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
Additional Local Agency Signatures
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
___________________________________________
Assistant Attorney General
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________________
Department of Transportation
Effective Date: _____________________
APPROVED AS TO FORM:
EXHIBIT A TO RESOLUTION 2024-028
Page 167
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 2 of 29
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................. 2
2. TERM AND EFFECTIVE DATE ........................................................................................................... 2
3. AUTHORITY .......................................................................................................................................... 3
4. PURPOSE ................................................................................................................................................ 4
5. DEFINITIONS ........................................................................................................................................ 4
6. SCOPE OF WORK ................................................................................................................................. 7
7. PAYMENTS .......................................................................................................................................... 11
8. REPORTING - NOTIFICATION ......................................................................................................... 15
9. LOCAL AGENCY RECORDS ............................................................................................................. 16
10. CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 17
11. CONFLICTS OF INTEREST ................................................................................................................ 18
12. INSURANCE ........................................................................................................................................ 18
13. BREACH ............................................................................................................................................... 20
14. REMEDIES ........................................................................................................................................... 20
15. DISPUTE RESOLUTION ..................................................................................................................... 22
16. NOTICES AND REPRESENTATIVES ............................................................................................... 23
17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 23
18. GOVERNMENTAL IMMUNITY ........................................................................................................ 24
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................... 24
20. GENERAL PROVISIONS .................................................................................................................... 25
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 27
22. FEDERAL REQUIREMENTS ............................................................................................................. 29
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 29
EXHIBIT A, SCOPE OF WORK
EXHIBIT B, SAMPLE OPTION LETTER
EXHIBIT C, FUNDING PROVISIONS (Budget)
EXHIBIT D, LOCAL AGENCY RESOLUTION
EXHIBIT E, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST
EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS
EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS
EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM
EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
EXHIBIT N, FEDERAL TREASURY PROVISIONS
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM
EXHIBIT R, APPLICABLE FEDERAL AWARDS
EXHIBIT S, PII CERTIFICATION
EXHIBIT T, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
1. PARTIES
This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this
Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named
on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree
to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
EXHIBIT A TO RESOLUTION 2024-028
Page 168
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 3 of 29
This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be
expended within the dates shown in Exhibit C for each respective phase (“Phase Performance Period(s)”).
The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have
no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date
of this original Agreement; except as described in §7.D; 2) before the encumbering document for the
respective phase and the official Notice to Proceed for the respective phase; or 3) after the Final Phase
Performance End Date, as shown in Exhibit C. Additionally, the State shall have no obligation to pay Local
Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required
billing deadline specified in §7.B.i.e., or the expiration of “Special Funding” if applicable, whichever is
sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the
Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no
payments will be made after expiration of Agreement Funds.
B. Initial Term and Extension
The Parties’ respective performances under this Agreement shall commence on the Agreement Effective
Date shown on the Signature and Cover Page for this Agreement and shall terminate on October 19, 2033 as
shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in
accordance with the terms of this Agreement. Upon request of Local Agency, the State may, in its sole
discretion, extend the term of this Agreement by Option Letter pursuant §7.E.iv. If the Work will be
performed in multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit C.
C. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, and this ARPA Award is not appropriated, or otherwise become unavailable to fund this ARPA Award
the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply
to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by
§14.A.i.
i. Method and Content
The State shall notify Local Agency by providing written notice to Local Agency of the termination and
be in accordance with §16. The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject
to §14.A.i.a
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the
uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement
shall not exceed the maximum amount payable to Local Agency hereunder. This subsection shall not
apply to a termination of this ARPA Award by the State for breach by Local Agency.
D. Local Agency Termination Under Federal Requirements
Local Agency may request termination of the ARPA Award by sending notice to the State, which includes
the effective date of the termination. If this ARPA Award is terminated in this manner, then Local Agency
shall return any advanced payments made for work that will not be performed prior to the effective date of
the termination.
3. AUTHORITY
EXHIBIT A TO RESOLUTION 2024-028
Page 169
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 4 of 29
Authority to enter into this Agreement exists in the law as follows:
A. Federal Authority
Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015,
and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23
of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the
“Federal Provisions”), certain federal funds have been and are expected to continue to be allocated for
transportation projects requested by Local Agency and eligible under the Surface Transportation
Improvement Program that has been proposed by the State and approved by the Federal Highway
Administration (“FHWA”).
Pursuant to Title VI of the Social Security Act, Section 602 of the “Coronavirus State and Local Fiscal
Recovery Funds”, a part of the American Rescue Plan, provides state, local and Tribal governments with the
resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable
economy during the recovery.
B. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for
the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract with the
State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-
101(4)(c) and 43-2-104.5.
4. PURPOSE
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship
Agreement with the FHWA and/or USDT as shown in Exhibit C.
5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement.
C. “ARPA” means American Rescue Plan Act, funded by the US Department of the Treasury (“USDT”). See
“SLFRF” below.
D. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
E. “Budget” means the budget for the Work described in Exhibit C.
F. “Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S..
G. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or
her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and services
needed by the State.
H. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-
72-302, C.R.S.
I. “Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product.
J. “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
EXHIBIT A TO RESOLUTION 2024-028
Page 170
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 5 of 29
K. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
L. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Agreement.
M. “Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria
established in §6, Exhibit A and Exhibit E.
N. “Exhibits” means the following exhibits attached to this Agreement:
i. Exhibit A, Scope of Work.
ii. Exhibit B, Sample Option Letter.
iii. Exhibit C, Funding Provisions
iv. Exhibit D, Local Agency Resolution
v. Exhibit E, Local Agency Contract Administration Checklist
vi. Exhibit F, Certification for Federal-Aid Contracts
vii. Exhibit G, Disadvantaged Business Enterprise
viii. Exhibit H, Local Agency Procedures for Consultant Services
ix. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts
x. Exhibit J, Additional Federal Requirements
xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA)
Supplemental Federal Provisions
xii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form
xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”)
xiv. Exhibit N, Federal Treasury Provisions
xv. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds
xvi. Exhibit P, SLFRF Subrecipient Quarterly Report
xvii. Exhibit Q, SLFRF Reporting Modification Form
xviii. Exhibit R, Applicable Federal Awards
xix. Exhibit S, PII Certification
xx. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source
O. “Expiration Date” means the date on which this Agreement expires, as shown on the Signature and Cover
Page for this Agreement.
P. “Extension Term” means the period of time by which the ARPA Expiration Date is extended by the State
through delivery of an updated ARPA Letter.
Q. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under
the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also
means an agreement setting forth the terms and conditions of the Federal Award. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
R. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The US
Department of the Treasury is the Federal Awarding Agency for the Federal Award, which may be the
subject of this Agreement.
S. “FHWA” means the Federal Highway Administration, which is one of the twelve administrations under the
Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides
stewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels.
FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement.
T. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in
connection with the Services.
EXHIBIT A TO RESOLUTION 2024-028
Page 171
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 6 of 29
U.“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
V.“Initial Term” means the time period defined in §2.B.
W. “Local Funds” means the funds provided by the Local Agency as their obligated contribution to the federal
and/or State Awards to receive the federal and/or State funding.
X.“Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local
Agency can begin work subject to the conditions of this Agreement.
Y.“OMB” means the Executive Office of the President, Office of Management and Budget.
Z. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.
AA. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency.
BB. “PCI” means payment card information including any data related to credit card holders’ names, credit card
numbers, or the other credit card information as may be protected by state or federal law.
CC. “PHI” means any protected health information, including, without limitation any information whether oral
or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is
not limited to, any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
DD.“PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as
name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any
other information that is linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S. “PII” shall also mean “personal identifying information” as
set forth at § 24-74-102, et. seq., C.R.S.
EE. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award.
FF. “Services” means the services to be performed by Local Agency as set forth in this Agreement and shall
include any services to be rendered by Local Agency in connection with the Goods.
GG. “SLFRF” means State and Local Fiscal Recovery Funds, provided by ARPA, funded by the US Treasury
Department.
HH. “Special Funding” means an award by Federal agency or the State which may include but is not limited to
one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main
Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA,
SLFRF, or COVID Relief.
II.“State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII and State personnel records not subject
to disclosure under CORA.
JJ. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a).
KK. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on
June 30 of the following calendar year. If a single calendar year follows the term, then it means the State
Fiscal Year ending in that calendar year.
LL. “State Purchasing Director” means the position described in the Colorado Procurement Code and its
implementing regulations.
EXHIBIT A TO RESOLUTION 2024-028
Page 172
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 7 of 29
MM.“State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
NN. “Sub-Award” means this Award by the State to Local Agency funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and
conditions of the Federal Award specifically indicate otherwise.
OO. “Subcontractor” means third parties, if any, engaged by Local Agency to aid in performance of the Work.
PP. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of
a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient
may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
QQ. “Tax Information” means Federal and State of Colorado tax information including, without limitation,
Federal and State tax returns, return information, and such other tax-related information as may be protected
by Federal and State law and regulation. Tax Information includes but is not limited to all information
defined as Federal tax Information in Internal Revenue Service Publication 1075.
RR. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up.
SS. “USDT” The United States Department of the Treasury (USDT) is the national treasury and finance
department of the federal government of the United States where it serves as an executive department. The
USDT funds ARPA.
TT. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s
Local Agency Manual described in this Agreement.
UU. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. “Work Product” does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6.SCOPE OF WORK
Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the
delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
Work may be divided into multiple phases that have separate periods of performance. The State may not
compensate for Work that Local Agency performs outside of its designated phase performance period. The
performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time,
at its sole discretion, to extend the Agreement Expiration Date and/or to extend the period of performance for a
phase of Work authorized under this Agreement. To exercise these options to extend the Agreement Expiration
Date and/or to update the phase performance period extension option, the State will provide written notice to
Local Agency in a form substantially equivalent to Exhibit B. The State’s unilateral extension of the Agreement
Expiration Date and/or the phase performance periods will not amend or alter in any way the funding provisions
or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
A.Local Agency Commitments
i.Design
If the Work includes preliminary design, final design, design work sheets, or special provisions and
estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors
comply with and are responsible for satisfying the following requirements:
EXHIBIT A TO RESOLUTION 2024-028
Page 173
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 8 of 29
a. Perform or provide the Plans to the extent required by the nature of the Work.
b. Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d. Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e. Stamp the Plans as produced by a Colorado registered professional engineer.
f. Provide final assembly of Plans and all other necessary documents.
g. Ensure the Plans are accurate and complete.
h. Make no further changes in the Plans following the award of the construction contract to Contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT, and when final, they will be deemed incorporated herein.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA)
42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the
document “ADA Accessibility Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or construction administration. Provided, however, if federal-aid funds are involved in the cost
of such Work to be done by such Consultant, such Consultant contract (and the performance
provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R.
Part 172 and with any procedures implementing those requirements as provided by the State,
including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work:
1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State’s approval. If not approved by the State, Local Agency shall not enter into
such Consultant contract.
2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from Local Agency’s attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between Local Agency and the State (which is incorporated herein by this
EXHIBIT A TO RESOLUTION 2024-028
Page 174
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 9 of 29
reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the construction Contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii. Construction
If the Work includes construction, Local Agency shall perform the construction in accordance with the
approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing construction Contractor claims;
construction supervision; and meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E.
a. The State may, after providing written notice of the reason for the suspension to Local Agency,
suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
b. Local Agency shall be responsible for the following:
1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures, as defined in the CDOT Local Agency Manual
(https://www.codot.gov/business/localagency/manual).
2) For the construction Services, advertising the call for bids, following its approval by the State,
and awarding the construction contract(s) to the lowest responsible bidder(s).
(a) All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply
with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local
Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim,
into any subcontract(s) for Services as terms and conditions thereof, as required by 23
C.F.R. 633.102(e).
(b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on
which competitive bids have been received. Local Agency must accept or reject such bids
within three (3) working days after they are publicly opened.
(c) If Local Agency accepts bids and makes awards that exceed the amount of available
Agreement Funds, Local Agency shall provide the additional funds necessary to complete
the Work or not award such bids.
(d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the
State.
EXHIBIT A TO RESOLUTION 2024-028
Page 175
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 10 of 29
(e) The State (and in some cases FHWA) must approve in advance all Force Account
Construction, and Local Agency shall not initiate any such Services until the State issues a
written Notice to Proceed.
iv. Right of Way (ROW) and Acquisition/Relocation
a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency
shall convey the ROW to CDOT promptly upon the completion of the project/construction.
b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and
regulations, including but not limited to, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24),
CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c. The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation and
incidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual
(located at http://www.codot.gov/business/manuals/right-of-way); however, the State always
retains oversight responsibilities.
d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of
Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the
following categories:
1) Right of way acquisition (3111) for federal participation and non-participation;
2) Relocation activities, if applicable (3109);
3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of
way – 3114).
v. Utilities
If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company that may become involved in the Work. Prior to the Work being advertised for bids,
Local Agency shall certify in writing to the State that all such clearances have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, Local Agency shall make timely application to the Public
Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed
improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s
order. Local Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects
involving railroad facilities, and:
a. Execute an agreement with the railroad company setting out what work is to be accomplished and
the location(s) thereof, and which costs shall be eligible for federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the Work.
c. Establish future maintenance responsibilities for the proposed installation.
d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event
of abandonment or elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities, as between the railroad company and the
Local Agency, in the event of accidental destruction or damage to the installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the requirements of current federal and State
environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
EXHIBIT A TO RESOLUTION 2024-028
Page 176
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 11 of 29
viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall
conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and
regulations pertaining to maintaining such improvements. The State and FHWA may make periodic
inspections to verify that such improvements are being adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate fully with the monitoring activities
described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any Work constituting
major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in
Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the
Agreement Maximum set forth in Exhibit C.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in
Exhibit C.
b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Local Agency and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Local Agency shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables
provided under the Agreement.
e. If a project is funded in part with Federal or State special funding there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive
payment or credit for the match, Work must be completed or substantially completed, as outlined in
the terms of the grant, prior to the expiration date of the special funding and invoiced in compliance
with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute
acceptance of any Work performed or deliverables provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest
to be paid and the interest rate.
iii. Payment Disputes
EXHIBIT A TO RESOLUTION 2024-028
Page 177
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 12 of 29
If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Local Agency and may make changes to its
determination based on this review. The calculation, determination, or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the
appropriation and continuing availability of Agreement Funds in any subsequent year (as provided
in the Colorado Special Provisions). If federal funds or funds from any other non-State funds
constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be
contingent upon such non-State funding continuing to be made available for payment. Payments to
be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Agreement Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part,
without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.C.
b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for
work done to the date of termination will be processed in a manner consistent with §2.C.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds
received by Local Agency. The State may recover such payments by deduction from subsequent
payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Local Agency, or by any other appropriate method for collecting debts
owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period (as defined below in §9.A.).
vi. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Local Agency Funds
Local Agency shall provide their obligated contribution funds as outlined in §7.A. and Exhibit C. Local
Agency shall have raised the full amount of their funds prior to the Effective Date and shall report to the
State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s
treasury. Local Agency represents to the State that the amount designated “Local Agency Funds” in Exhibit
C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid
into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other
authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match
share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit
D if applicable. Local Agency does not by this Agreement irrevocably pledge present cash reserves for
payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of
EXHIBIT A TO RESOLUTION 2024-028
Page 178
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 13 of 29
Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or
penalties of any nature, except as required by Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §7. However, any costs incurred by Local Agency prior to the Effective Date
shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award
funding is retroactive. The State shall pay Local Agency for costs or expenses incurred or performance by
the Local Agency prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Local
Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance
with the provisions of this Agreement. The applicable principles described in 2 C.F.R. Part 200 shall govern
the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for
reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse
Local Agency for the federal-aid share of properly documented costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement and Exhibit C. Local Agency costs for Work
performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs
and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after
any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs
shall be:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency
that reduce the cost actually incurred).
E. Unilateral Modification of Agreement Funds Budget by State Option Letter
The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in
the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such
Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub-sections B and C of
the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized
delegate. This is NOT a Notice to Proceed. Modification of Exhibit C by unilateral Option Letter is
permitted only in the specific scenarios listed below. The State will exercise such options by providing Local
Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters
will be incorporated into this Agreement. This applies to the entire Scope of Work.
i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount
The State may require by Option Letter that Local Agency begin a new Work phase that may include
Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not
include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option
Letters may not modify the other terms and conditions stated in this Agreement and must decrease the
amount budgeted and encumbered for one or more other Work phases so that the total amount of
budgeted Agreement Funds remains the same. The State may also change the funding sources so long
as the amount budgeted remains the same and the Local Agency contribution does not increase. The
State may also issue a unilateral Option Letter to increase and/or decrease the total encumbrance amount
of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains
the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1
(with subsequent exhibits labeled C-2, C-3, etc.).
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement Funds from one Work phase
(Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase
as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit
(Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3,
etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another
are subject to the same terms and conditions stated in the original Agreement with the total budgeted
Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a
EXHIBIT A TO RESOLUTION 2024-028
Page 179
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 14 of 29
fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date
of the Work phase, in a form substantially equivalent to Exhibit B.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and
transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in
the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled
C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer
of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with
the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option
by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted
start date of the Work phase, in a form substantially equivalent to Exhibit B.
iv. Option to Extend Agreement/Phase Term and/or modify the OMB Uniform Guidance. The State, at its
discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase
Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined
in Exhibit C. Any updated version of Exhibit C shall be attached to any executed Option Letter as
Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). In order to exercise this option, the State
shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B.
F. Accounting
Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, it shall document all allowable costs, including any approved
Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices,
contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts,
vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified,
readily accessible, and to the extent feasible, separate and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. Local Agency
shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as
provided for in Exhibit C. If FHWA Agreement Funds are or become unavailable, or if Local Agency
terminates this Agreement prior to the Work being approved by the State or otherwise completed, then
all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the
State by Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for
which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local
Agency shall not submit more than one invoice per month.
v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after
the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The
State may withhold final payment to Local Agency at the State’s sole discretion until completion of final
audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local
Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local
Agency. The State will not reimburse costs for Work performed after the Performance Period End Date
for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance
EXHIBIT A TO RESOLUTION 2024-028
Page 180
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 15 of 29
Period End Date, but for which an invoice is received more than 60 days after the Performance Period
End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with
federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete
a Risk Assessment Form (Exhibit L) when that may be requested by CDOT. The risk assessment is a
quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with
the requirements of the Federal Award. The risk assessment will evaluate some or all of the following
factors:
• Experience: Factors associated with the experience and history of the Subrecipient with the same or
similar Federal Awards or grants.
• Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or
monitoring visits, including those performed by the Federal Awarding Agency, when the
Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single
audit, where the specific award being assessed was selected as a major program.
• Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which
failure could impact the Subrecipient’s ability to perform and account for the contracted goods or
services.
• Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with
financial requirements of the Federal Award.
• Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting
errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable
and timely financial and management information, and ensuring adherence to its policies and plans.
• Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the
overall success of the program objectives.
• Program Management: Factors associated with processes to manage critical personnel, approved
written procedures, and knowledge of rules and regulations regarding federal-aid projects.
Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L), CDOT will determine
the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment
may be re-evaluated after CDOT begins performing monitoring activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. If
SLFRF Funds are used the Local Agency shall close out that portion of the Award within 45 days after the
ARPA Award Expiration Date. Close out requires Local Agency’s submission to the State of all deliverables
defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will
withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State
as substantially complete. If FHWA or US Treasury has not closed this Federal Award within one (1) year
and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required
documentation, then Local Agency may be prohibited from applying for new Federal Awards through the
State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term
longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress
made for each specified performance measure and standard in this Agreement. Such progress report shall be
in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than ten (10) Business Days following the end of each calendar quarter or at such time
as otherwise specified by the State. If SLFRF Funds are used the report must be in the format of Exhibit P.
EXHIBIT A TO RESOLUTION 2024-028
Page 181
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 16 of 29
B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s principal representative identified in §16.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar
days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an
Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal
or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award.
Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. LOCAL AGENCY RECORDS
A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period
(the “Record Retention Period”) pursuant to the requirements of the funding source and for a minimum of
three (3) years following the date of submission to the State of the final expenditure report, whichever is
longer, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration
of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit
findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal
Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local
Agency in writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three (3) years following final disposition of such
property.
B. Inspection
Records during the Record Retention Period. Local Agency shall make Local Agency Records available
during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two (2) Business Days’ notice from the State, unless the State
determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures
as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not
unduly interfere with Local Agency’s performance of the Work. Local Agency shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Local Agency.
The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a
manner that does not unduly interfere with Local Agency’s performance of the Work. If Local Agency enters
into a subcontract with an entity that would also be considered a Subrecipient, then the subcontract entered
into by Local Agency shall contain provisions permitting both Local Agency and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on
Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
EXHIBIT A TO RESOLUTION 2024-028
Page 182
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 17 of 29
by Local Agency or a third party. Additionally, if Local Agency is required to perform a single audit under
2 CFR 200.501, et seq., then Local Agency shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State
Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the
State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to
disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the
State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit
the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise
stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable
laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or
demand for State Records to the State’s principal representative. If Local Agency or any of its Subcontractors
will or may receive the following types of data, Local Agency or its Subcontractors shall provide for the
security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Award as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Award, if applicable. Local Agency shall
immediately forward any request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary
to perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Local
Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are
in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon
request.
C. Use, Security, and Retention
Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Local
Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for
purposes of inspecting and monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall
return State Records provided to Local Agency or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or
destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of,
and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns,
or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
EXHIBIT A TO RESOLUTION 2024-028
Page 183
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 18 of 29
may include, but is not limited to, developing, and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifying Information “PII”
If Local Agency or any of its Subcontracts will or may receive PII under this agreement, Local Agency shall
provide for the security for such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Local Agency shall be a “Third Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Local Agency and Contractor, including, but
not limited to, Local Agency and Contractor’s employees, agents and Subcontractors, agrees not to share any
PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting
with Federal immigration enforcement. If Local Agency and Contractor is given direct access to any State
databases containing PII, Local Agency and Contractor shall execute, on behalf of itself and its employees,
the certification attached hereto as Exhibit S on an annual basis Local Agency and Contractor’s duty and
obligation to certify as set forth in Exhibit S shall continue as long as Local Agency and Contractor has
direct access to any State databases containing PII. If Local Agency and Contractor uses any Subcontractors
to perform services requiring direct access to State databases containing PII, the Local Agency and Contractor
shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so
long as the Subcontractor has access to State databases containing PII.
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of
interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
Officers, employees, and agents of Local Agency may neither solicit nor accept gratuities, favors or anything
of monetary value from contractors or parties to subcontracts.
B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Local Agency’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the
appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting
forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or
to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this
Agreement.
12. INSURANCE
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best
rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
EXHIBIT A TO RESOLUTION 2024-028
Page 184
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 19 of 29
B. Subcontractor Requirements
Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA,
maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall
ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all
times during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Local Agency or Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance written on an Insurance Services Office occurrence form,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
iv. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act
with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability
Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach
management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right
to privacy rights through improper use or disclosure of protect consumer data protection law,
confidentiality or other legal protection for personal information, as well as State Confidential
Information with minimum limits as follows:
EXHIBIT A TO RESOLUTION 2024-028
Page 185
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 20 of 29
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Local
Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier
shall provide at least 10 days prior written notice to CDOT.
D. Primacy of Coverage
Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Local Agency or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency
and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local
Agency’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation
to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under
subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers,
agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall
provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement
within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State
certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7)
Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of
the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution
of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s
coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage.
At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within
seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this §12.
13. BREACH
A. Defined
The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part
or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization, or similar law, by or against Local Agency, or the appointment of a receiver or
similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice,
the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement
in order to protect the public interest of the State.
14. REMEDIES
EXHIBIT A TO RESOLUTION 2024-028
Page 186
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 21 of 29
A. State’s Remedies
If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any
part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not
terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Local Agency shall not incur further obligations
or render further performance past the effective date of such notice and shall terminate outstanding
orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the
State all Work not canceled by the termination notice and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State
all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Local Agency shall take timely, reasonable, and necessary action to protect and
preserve property in the possession of Local Agency but in which the State has an interest. At the
State’s request, Local Agency shall return materials owned by the State in Local Agency’s
possession at the time of any termination. Local Agency shall deliver all completed Work Product
and all Work Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Local
Agency was not in breach or that Local Agency's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and obligations of the Parties
shall be as if this Agreement had been terminated in the public interest under §2.C.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the
State for any damages sustained by the State in connection with any breach by Local Agency, and
the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from Local Agency is determined.
The State may withhold any amount that may be due Local Agency as the State deems necessary to
protect the State against loss including, without limitation, loss as a result of outstanding liens and
excess costs incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Local Agency’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Local Agency to an adjustment in price
or cost or an adjustment in the performance schedule. Local Agency shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall
not be liable for costs incurred by Local Agency after the suspension of performance.
b. Withhold Payment
Withhold payment to Local Agency until Local Agency corrects its Work.
c. Deny Payment
EXHIBIT A TO RESOLUTION 2024-028
Page 187
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 22 of 29
Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot
be performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal from the Work of any of Local Agency’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by
the State to be contrary to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right,
Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or
Local Agency; (b) replace the Work with non infringing Work or modify the Work so that it
becomes non infringing; or, (c) remove any infringing Work and refund the amount paid for such
Work to the State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency,
following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies
available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Local
Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Local Agency
shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as
described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24-
109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Local Agency wishes to challenge
any decision rendered by the Procurement Official, Local Agency’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, under the Resolution
Statutes before Local Agency pursues any further action as permitted by such statutes. Except as otherwise
stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation,
time limitations.
C. Questions of Fact
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department
of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar
days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes
to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal
proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence
in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently
with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals shall be
final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of
questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall
be construed as making final the decision of any administrative official, representative, or board on a question
of law.
EXHIBIT A TO RESOLUTION 2024-028
Page 188
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 23 of 29
16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All notices required
or permitted to be given under this Agreement shall be in writing and shall be delivered (i) by hand with receipt
required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below
or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth
below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party
has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand
with receipt required or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative contact information
by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
For the State
Colorado Department of Transportation (CDOT)
Armando Ochoa, E/PST II
CDOT Region 4
10601 10th Street
Greeley, CO 80634
970-652-1668
armando.ochoa@state.co.us
For the Local Agency
City of Fort Collins
Dillon Willet, Civil Engineer II
281 North College Avenue
Fort Collins, CO 80524
907-726-7685
dwillet@fcgov.com
yyyyyyy 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Local Agency or any Subcontractors. Local Agency
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of
action, either in law or in equity, for past, present, or future infringement of intellectual property rights related
to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or
not Local Agency is under contract with the State at the time, Local Agency shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered works
made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and
interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating
the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work
Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency
cannot make any of the assignments required by this section, Local Agency hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer,
distribute, sell, and create derivative works of the Work Product and all works based upon, derived from,
EXHIBIT A TO RESOLUTION 2024-028
Page 189
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 24 of 29
or incorporating the Work Product by all means and methods and in any format now known or invented
in the future. The State may assign and license its rights under this license.
ii. Patents
In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on
behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make,
have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify
and propagate the contents of the Work Product. Such license applies only to those patent claims
licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State at the time, Local Agency shall
execute applications, assignments, and other documents, and shall render all other reasonable assistance
requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual
property rights related to the Work Product. The Parties intend the Work Product to be works made for
hire. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest
in and to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from, or
incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials,
data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local
Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any
purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written
consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned
or licensed to Local Agency including, but not limited to, all pre-existing software, licensed products,
associated source code, machine code, text images, audio and/or video, and third-party materials, delivered
by Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a
Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as
set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this
Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open
source software, the license terms set forth in the applicable open source license agreement.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
State’s risk management statutes, §§24-30-1501, et seq. C.R.S. The following applies through June 30, 2022: no
term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply
with the provisions of §24-106-103, §24-102-206, §24-106-106, §24-106-107 C.R.S. regarding the monitoring
of vendor performance and the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation
and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
EXHIBIT A TO RESOLUTION 2024-028
Page 190
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 25 of 29
20. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement
B. Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement
without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such
subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this
Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Contract by reference.
H. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
I. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
J. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than contract amendments, shall conform to the policies promulgated by the Colorado State Controller.
K. Statutes, Regulations, Fiscal Rules, and Other Authority.
EXHIBIT A TO RESOLUTION 2024-028
Page 191
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 26 of 29
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
L. Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
i. The provisions of the other sections of the main body of this Agreement.
ii. Exhibit N, Federal Treasury Provisions.
iii. Exhibit F, Certification for Federal-Aid Contracts.
iv. Exhibit G, Disadvantaged Business Enterprise.
v. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts.
vi. Exhibit J, Additional Federal Requirements.
vii. Exhibit K, Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental
Federal Provisions.
viii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form.
ix. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”).
x. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds.
xi. Exhibit R. Applicable Federal Awards.
xii Colorado Special Provisions in the main body of this Agreement.
xiii. Exhibit A, Scope of Work.
xiv. Exhibit H, Local Agency Procedures for Consultant Services.
xv. Exhibit B, Sample Option Letter.
xvi. Exhibit C, Funding Provisions.
xvii. Exhibit P, SLFRF Subrecipient Quarterly Report.
xviii. Exhibit Q, SLFRF Reporting Modification Form.
xix. Exhibit D, Local Agency Resolution.
xx. Exhibit E, Local Agency Contract Administration Checklist.
xxi. Exhibit S, PII Certification.
xxii. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source.
xxiii. Other exhibits in descending order of their attachment.
M. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of the Agreement.
N. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the
Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other
Party.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
EXHIBIT A TO RESOLUTION 2024-028
Page 192
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 27 of 29
Q.CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107 C.R.S., if any, are subject to public release through the CORA.
R.Standard and Manner of Performance
Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Local Agency’s industry, trade, or profession.
S.Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors
secure and maintain at all times during the term of their employment, agency or subcontract, all license,
certifications, permits and other authorizations required to perform their obligations in relation to this
Agreement.
T.Compliance with State and Federal Law, Regulations, and Executive Orders
Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal
Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of
this Agreement.
U.Accessibility
i.Local Agency shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by the Governor’s Office of Information
Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Local Agency shall also comply with
all State of Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii.Each Party agrees to be responsible for its own liability incurred as a result of its participation in and
performance under this Agreement. In the event any claim is litigated, each Party will be responsible for
its own attorneys’ fees, expenses of litigation, or other costs. No provision of this Agreement shall be
deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability
provided to either the Local Agency or the State by the Colorado Governmental Immunity Act, C.R.S.
§24-10-101, et seq. and Article XI of the Colorado Constitution. Nothing in the Agreement shall be
construed as a waiver of any provision of the State Fiscal Rules.
iii.The State may require Local Agency’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Local Agency’s Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with
a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
V. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the state imposes such taxes on Local Agency. Local Agency shall be
solely responsible for any exemptions from the collection of excise, sales or use taxes that Local Agency may
wish to have in place in connection with this Agreement.
21.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency and Contract refers to
Agreement.
A.STATUTORY APPROVAL. §24-30-202(1), C.R.S.
EXHIBIT A TO RESOLUTION 2024-028
Page 193
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 28 of 29
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(19), then this
Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S., applicable Local Agency law, rule or regulation.
Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (ii) provide
proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless; requires
the Parties to agree to binding arbitration; limits Contractor’s liability for damages resulting from death,
bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void
ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S.
Any term included in this Contract that limits Contractor’s liability that is not void under this section shall
apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be
interpreted as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this provision, the State may exercise any remedy
EXHIBIT A TO RESOLUTION 2024-028
Page 194
Item 10.
OLA #: 331003221
Routing #: 24-HA4-XC-00244
Document Builder Generated
Rev. 05/24/2022
Page 29 of 29
available at law or in equity or under this Contract, including, without limitation, immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor’s services and Contractor shall not employ any person having such known interests.
22. FEDERAL REQUIREMENTS
Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of
this Agreement strictly adhere to, and comply with, all applicable federal and State laws, and their implementing
regulations, as they currently exist and may hereafter be amended. A summary of applicable federal provisions
are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit K, Exhibit M, Exhibit N and Exhibit O are
hereby incorporated by this reference.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit G and Exhibit E, Local Agency Contract
Administration Checklist, regarding DBE requirements for the Work, except that if Local Agency desires to use
its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local
Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and
other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive
or modify the sole responsibility of Local Agency for use of its program.
EXHIBIT A TO RESOLUTION 2024-028
Page 195
Item 10.
EXHIBIT A
SCOPE OF WORK
Name of Project: Power Trail Underpass
Project Number: TAP M455-123
SubAccount #: 21888
The Colorado Department of Transportation (“CDOT”) will oversee the City of
Fort Collins when City of Fort Collins designs and constructs the Power Trail
Underpass improvements (hereinafter referred to as “this work”). CDOT and the
City of Fort Collins believe it will be beneficial to perform this work to improve
the safety and flow of pedestrian and bicycle travel on the trail.
The design will be completed in accordance with AASHTO design standards,
the Americans with Disabilities Act, and all applicable state, federal and local rules
and regulations. The design phase of the work is anticipated to begin in 2024 and will
identify more exact requirements, qualities, and attributes for this work (hereinafter
referred to as “the exact work”). The exact work shall be used to complete the
construction phase of the project. The construction phase of the contract is anticipated
to begin in 2024.
If ARPA funds are used all ARPA funds must be encumbered by
December 31, 2024. All work funded by ARPA must be completed by
December 31, 2026 and all bills must be submitted to CDOT for
payment by January 31, 2027. These bills must be paid by CDOT by March
31, 2027.
By accepting funds for this Scope of Work, Local Agency acknowledges,
understands, and accepts the continuing responsibility for the safety of the traveling
public after initial acceptance of the project. Local Agency is responsible for
maintaining and operating the scope of work described in this Exhibit A
constructed under this Agreement at its own cost and expense during its useful
life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A - Page 1 of 1
EXHIBIT A TO RESOLUTION 2024-028
Page 196
Item 10.
Exhibit B - Page 1 of 2
EXHIBIT B
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and
to unilaterally transfer funds from one phase to another phase.
Option to unilaterally extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify OMB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to authorize the Local Agency to add a phase and to encumber
funds for the phase based on changes in funding availability and authorization. The
total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to transfer funds based on variance in actual phase costs and
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber
funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from phases based on variance in actual phase costs and
EXHIBIT A TO RESOLUTION 2024-028
Page 197
Item 10.
Exhibit B - Page 2 of 2
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option D
In accordance with the terms of the original Agreement between the State of Colorado,
Department of Transportation and the Local Agency, the State hereby exercises the option
extend the term of this Agreement and/or update a Work Phase Performance Period and/or
modify information required under the OMB Uniform Guidance, as outlined in Exhibit
C.This is made part of the original Agreement and replaces the Expiration Date shown on
the Signature and Cover Page. Any updated version of Exhibit C shall be attached to any
executed Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or delegate.
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By: ___________________________________________
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________________________
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is
not valid until signed and dated below by the State Controller or delegate. Contractor is not
authorized to begin performance until such time. If the Local Agency begins performing prior
thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for
any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:__________________________________
EXHIBIT A TO RESOLUTION 2024-028
Page 198
Item 10.
Fed $ LA Work
Exhibit C - Page 1 of 2
EXHIBIT C - FUNDING PROVISIONS
City of Fort Collins - TAP M455-123 (21888)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $8,173,936.00, which is to be funded as follows: 1. FUNDING
a. Federal Funds
(82.79% of CMAQ Award) $5,939,301.00
b. Local Agency Funds
(17.21% of CMAQ Award) $1,234,635.00
c. Federal Funds
(80% of TAP Award) $800,000.00
d. Local Agency Funds
(20% of TAP Award) $200,000.00
____________________________________________________________________________________
____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $8,173,936.00 ____________________________________________________________________________________
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier VEJ3BS5GK5G1
d. Assistance Listing # Highway Planning and Construction ALN 20.205
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $0.00
____________________________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $6,739,301.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
____________________________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 82.45% $6,739,301.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 17.55% $1,434,635.00 TOTAL PROJECT ESTIMATED FUNDING 100.00% $8,173,936.00 ____________________________________________________________________________________ ____________________________________________________________________________________
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount (Federal funds + Local Agency funds) $8,173,936.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ____________________________________________________________________________________
NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $8,173,936.00
____________________________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become available after
execution of an Option letter (Exhibit B) or formal Amendment.
____________________________________________________________________________________
WBS Element 21888.10.30 Performance Period Start*/End Date Design 3020 $0.00
TBD-TBD
WBS Element 21888.20.10 Performance Period Start*/End Date Const. 3301 $0.00
TBD-TBD
____________________________________________________________________________________
EXHIBIT A TO RESOLUTION 2024-028
Page 199
Item 10.
Exhibit C - Page 2 of 2
*The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective
phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these
three (3) milestones are achieved will not be reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 82.45% federal funds to 17.55% Local Agency
funds, and this ratio applies only to the $8,173,936.00 that is eligible for federal funding. All other costs
are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds
$8,173,936.00, and additional federal funds are not available, the Local Agency shall pay all such excess
costs. If the total cost of performance of the Work is less than $8,173,936.00, then the amounts of Local
Agency and federal funds will be decreased in accordance with the funding ratio described in A1. Thisapplies to the entire scope of Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $6,739,301.00. For
CDOT accounting purposes, the federal funds of $6,739,301.00 and the Local Agency funds of
$1,434,635.00 will be encumbered for a total encumbrance of $8,173,936.00, unless this amount is
increased by an executed amendment before any increased cost is incurred. The total budget is
$8,173,936.00, unless this amount is increased by an executed amendment before any increased cost is
incurred. The total cost of the Work is the best estimate available, based on the design data as approved
at the time of execution of this Agreement, and that any cost is subject to revisions agreed to by the parties
prior to bid and award. The maximum amount payable will be reduced without amendment when the
actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of the federal
funds and the Local Agency funds. The maximum amount payable will be reduced through the execution
of an Option Letter as described in Section 7. E. of this contract. This applies to the entire scope of
Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20
through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving
federal funds are as follows:
i.Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii.Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii.Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on
the entire organization/entity.
iv.Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
EXHIBIT A TO RESOLUTION 2024-028
Page 200
Item 10.
Exhibit D - Page 1 of 1
EXHIBIT D
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
EXHIBIT A TO RESOLUTION 2024-028
Page 201
Item 10.
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
Project Location Date
Project Description
Local Agency Local Agency Project Manager
CDOT Resident Engineer CDOT Project Manager
INSTRUCTIONS:
This checklist shall be used to establish the contractual administrative responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency Agreement. Section numbers (NO.) correspond to the applicable
chapters of the CDOT Local Agency Desk Reference (Local Agency Manual). LAWR numbers correspond to the applicable
flowchart in the Local Agency Web Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the tasks. The X denotes the party
responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the
Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, # will denote that CDOT must concur or
approve.
Tasks that will be performed by Headquarters staff are indicated with an X in the CDOT column under Responsible Party. The
Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the
responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
funding.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
TIP / STIP AND LONG-RANGE PLANS
2.1 Review Project to ensure it is consistent with Statewide Plan and amendments thereto x
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4.1 Authorize funding by phases (Requires FHWA concurrence/involvement if Federal-
aid Highway funded project.). Please write in "NA", if Not Applicable. x
PROJECT DEVELOPMENT
1 5.1 Prepare Design Data - CDOT Form 463
5.2 Determine Delivery Method
5.3 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3) x
2 5.4 Conduct Consultant Selection/Execute Consultant Agreement
•Project Development
•Construction Contract Administration (including Fabrication Inspection Services)
3,3A 5.5 Conduct Design Scoping Review Meeting
3,6 5.6 Conduct Public Involvement (If applicable)
Exhibit E-
Local Agency Contract Administration Checklist
Exhibit E- Page 1 of 5
EXHIBIT A TO RESOLUTION 2024-028
TAP M455-123 SR47020 21888 4
City of Fort Collins 10-13-2023
Power Trail Grade Seperation at Harmony
City of Fort Collins Dillon Willet
Bryce Reeves Armando Ochoa
#
x #
#x
x
x
x
x #
#
#
Page 202
Item 10.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
3 5.7 Conduct Field Inspection Review (FIR)
4 5.8 Conduct Environmental Processes (may require FHWA concurrence/involvement)
5 5.9 Acquire Right-of-Way (may require FHWA concurrence/involvement)
3 5.10 Obtain Utility and Railroad Agreements
3 5.11 Conduct Final Office Review (FOR)
3A 5.12 Justify Force Account Work by the Local Agency
3B 5.13 Justify Proprietary, Sole Source, or Local Agency Furnished Items
3 5.14 Document Design Exceptions - CDOT Form 464
5.15 Seek Permission for use of Guaranty and Warranty Clauses
3 5.18 Prepare Plans, Specifications, Construction Cost Estimates and Submittals
5.19 Comply with Requirements for Off-and On-System Bridges & Other Structural Work
5.20 Update Approvals on PS&E Package if Project Schedule Delayed
5.21 Ensure Authorization of Funds for Construction x
5.22 Use Electronic Signatures
5.23 File Project Development Records/Documentation in ProjectWise x
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE3 6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region Civil Rights Office).
x
6.2 Determine Applicability of Davis-Bacon Act
This project ☐ is ☐ is not exempt from Davis-Bacon requirements as determined
by the functional classification of the project location (Projects located on local roads
and rural minor collectors may be exempt.)
CDOT Resident Engineer Date
x
6.3 Set On-the-Job Training Goals (CDOT Region Civil Rights Office) "NA", if Not Applicable x
6.4 Enforce Prompt Payment Requirements
6.5 Use Electronic Tracking and Submission Systems – B2GNow ☐ LCPtracker ☐
3 6.6 Prepare/submit Title VI Plan and Incorporate Title VI Assurances
6,7 Ensure the correct Federal Wage Decision, all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included
in the Contract (CDOT Resident Engineer)
ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS
Federal Project (use 7.1 series in Chapter 7) ☐ Non-Federal Project (Use 7.2 series in Chapter 7) ☐
6,7 Obtain Approval for Advertisement Period of Less Than Three Weeks;
7 Advertise for Bids
7 Concurrence to Advertise
7 Distribute “Advertisement Set” of Plans and Specifications
7 Review Worksite & Plan Details w/ Prospective Bidders While Project Is Under Ad
7 Open Bids
7 Process Bids for Compliance
Check CDOT Form 1415 – Commitment Confirmation when the low bidder
meets DBE goals. (Please write in "NA", if Not Applicable) x
Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor
has made a good faith effort when the low bidder does not meet DBE goals. "NA", if Not Applicable.
x
Submit required documentation for CDOT award concurrence
Concurrence from CDOT to Award x
Approve Rejection of Low Bidder x
7,8 Award Contract (federal)
Exhibit E- Page of 5
10/13/2023
EXHIBIT A TO RESOLUTION 2024-028
x #
x #
x #
x x
#
Bryce Reeves
x #
x
x
x #
x
x
x #
x #
x #
x #
x #
x #
x #
x
x #
x #
#
#
#
x #
x #
#x
x #
x
x
Page 203
Item 10.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
8 Provide “Award” and “Record” Sets of Plans and Specifications (federal)
CONSTRUCTION MANAGEMENT
8 Intro File Project Construction Records/Documentation in ProjectWise or as directed x
8 8.1 Issue Notice to Proceed to the Contractor
8 8.2 Project Safety
8 8.3 Conduct Conferences:
Pre-construction Conference (Appendix B)
•Fabrication Inspection Notifications
Pre-survey
•Construction staking
•Monumentation
Partnering (Optional)
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) (If applicable)
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) (If applicable)
HMA Pre-Paving (Agenda is in CDOT Construction Manual) (If applicable)
8 8.4 Develop and distribute Public Notice of Planned Construction to media and local
residents
9 8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible
charge of construction supervision.”
__TBD_______________________________________ _________________
Local Agency Professional Engineer
or CDOT Resident Engineer
Phone number
Provide competent, experienced staff who will ensure the Contract work is constructed
in accordance with the plans and specifications
Construction inspection and documentation (including projects with structures)
Fabrication Inspection and documentation (If applicable)
9 8.6 Review and Approve Shop Drawings
9 8.7 Perform Traffic Control Inspections
9 8.8 Perform Construction Surveying
9 8.9 Monument Right-of-Way
9,9A 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and
review CDOT Form 1418 (or equivalent) or use compliance software system.
Provide the name and phone number of the person authorized for this task.
_____________________________________________ ____________________
Local Agency Representative Phone number
9 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings
9B 8.12 Prepare and Authorize Change Orders x
9B 8.13 Submit Change Order Package to CDOT x
9A 8.14 Prepare Local Agency Reimbursement Requests x
9 8.15 Monitor Project Financial Status
9 8.16 Prepare and Submit Monthly Progress Reports
9 8.17 Resolve Contractor Claims and Disputes
8.18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task.
_____________________________________________ ____________________
CDOT Resident Engineer Phone number
x
9 8.19 Ongoing Oversight of DBE Participation x
Exhibit E- Page of 5
EXHIBIT A TO RESOLUTION 2024-028
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Dillon Willet 907-726-7685
x
x
x
x
Bryce Reeves 970-350-2126
#
#
x
x
x
#
#
x #
#
#
x
x
Page 204
Item 10.
LA
WR NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
MATERIALS
9,9C 9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to installation of steel
9,9C 9.2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests
and applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
9C 9.3 Perform Project Acceptance Samples and Tests
9C 9.4 Perform Laboratory Acceptance Tests
9C 9.6 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
9C 9.6 Approve Sources of Materials
9C 9.7 Independent Assurance Testing (IAT)
Local Agency Procedures ☐ CDOT Procedures ☐
•Generate IAT schedule
•Schedule and provide notification
•Conduct IAT
9C 9.8 Approve mix designs
•Concrete
•Hot mix asphalt
9C 9.9 Check Final Materials Documentation
9C 9.10 Complete and Distribute Final Materials Documentation
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
9 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements
8,9 10.2 Process CDOT Form 205 - Sublet Permit Application and CDOT Form 1425 – Supplier
Application Approval Request. Review & sign completed forms, or review/approve in
compliance software system, as applicable, & submit to Region Civil Rights Office.
9 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee
Interviews. Complete CDOT Form 2809 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with
the “Commercially Useful Function” Requirements
9 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.
•Complete CDOT Form 1337 – Contractor Commitment to Meet OJT
Requirements.
•Complete CDOT Form 838 – OJT Trainee / Apprentice Record.
•Complete CDOT Form 200 - OJT Training Questionnaire
9 10.6 Check Certified Payrolls (Contact the Region Civil Rights Office for training reqmts.)
9 10.7 Submit FHWA Form 1391 - Highway Construction Contractor’s Annual EEO Report
10.8 Contract Compliance and Project Site Reviews x
FINALS
11.1 Conduct Final Project Inspection & Final Inspection of Structures, if applicable x
10 11.2 Write Final Project Acceptance Letter
10 11.3 Advertise for Final Settlement
11 11.4 Prepare and Distribute Final As-Constructed Plans
11 11.5 Prepare EEO Certification and Collect EEO Forms
11 11.6 Check Final Quantities, Plans, and Pay Estimate; Check Project Documentation; and
submit Final Certifications
Exhibit E- Page of 5
EXHIBIT A TO RESOLUTION 2024-028
x
x
x
x
x
x
x
x
x
x
x
x
x
x #
x
x
x
x
#
#
x
x
#
#
x
x
x
x
x
x
x
x
x
#
#
x
x
x
Page 205
Item 10.
LA
WK NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
LA CDOT
11 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9)
11.8 Review CDOT Form 1419 x
11.9 Submit CDOT Professional Services Closeout Report Form
11.10 Complete and Submit CDOT Form 1212 LA – Final Acceptance Report (by CDOT) x
11 11.11 Process Final Payment
11.12 Close out Local Project x
11.13 Complete and Submit CDOT Form 950 - Project Closure x
11 11.14 Retain Project Records
11 11.15 Retain Final Version of Local Agency Contract Administration Checklist
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region Civil Rights Office
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
Exhibit E- Page 5 of 5
EXHIBIT A TO RESOLUTION 2024-028
x #
x
x
x #
x
Page 206
Item 10.
Exhibit F - Page 1 of 1
EXHIBIT F
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer of Congress, or an employee of a Member of Congress in connection with this Federal
contract, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-
recipients shall certify and disclose accordingly.
EXHIBIT A TO RESOLUTION 2024-028
Page 207
Item 10.
Exhibit G- Page 1 of 1
EXHIBIT G
DISADVANTAGED BUSINESS ENTERPRISES
SECTION 1. Policy
It is the policy of the Colorado Department of Transportation (CDOT) that Disadvantaged
Business Enterprises (DBEs) shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this agreement,
pursuant to 49 CFR Part 26. Accordingly, CDOT’s federally approved DBE Program Plan shall
apply to this agreement.
SECTION 2. Subrecipient and Participant Obligation.
The Local Agency and its subrecipients agrees to ensure that DBEs certified through the Colorado
Unified Certification Program have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds provided under this
agreement.
All participants on contracts and subcontracts financed in whole or in part with Federal funds
provided under this Agreement shall take all necessary and reasonable steps in accordance with
the CDOT’s federally approved DBE Program Plan to ensure that DBEs have the maximum
opportunity to compete for and perform contracts.
Local Agency subrecipients and their contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of CDOT and federally assisted contracts.
SECTION 3. DBE Program.
The Local Agency subrecipient shall be responsible for complying with CDOT’s FHWA-approved
DBE Program Plan.
Local Agency requirements can be found at:
https://www.codot.gov/business/civilrights
EXHIBIT A TO RESOLUTION 2024-028
Page 208
Item 10.
Exhibit H - Page 1 of 2
EXHIBIT H
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local Agency project agreement
administered by CDOT that involves professional consultant services. 23 CFR 172.1 states “The policies and
procedures involve federally funded contracts for engineering and design related services for projects subject to the
provisions of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost”
and according to 23 CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore,
local agencies must comply with these CFR requirements when obtaining professional consultant services under a
federally funded consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related operations guidebook titled
"Obtaining Professional Consultant Services". This directive and guidebook incorporate requirements from both Federal
and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be
obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their
own written procedures on file for each method of procurement that addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy, the
subsequent steps serve as a short-hand guide to CDOT procedures that a Local Agency must follow in obtaining
professional consultant services. This guidance follows the format of 23 CFR 172. The steps are:
1.The contracting Local Agency shall document the need for obtaining professional services.
2.Prior to solicitation for consultant services, the contracting Local Agency shall develop a detailed scope of
work and a list of evaluation factors and their relative importance. The evaluation factors are those identified in
C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations.
3.The contracting agency must advertise for contracts in conformity with the requirements of C.R.S. 24-30-
1405. The public notice period, when such notice is required, is a minimum of 15 days prior to the selection of
the three most qualified firms and the advertising should be done in one or more daily newspapers of general
circulation.
4.The Local Agency shall not advertise any federal aid contract without prior review by the CDOT Regional
Civil Rights Office (RCRO) to determine whether the contract shall be subject to a DBE contract goal. If the
RCRO determines a goal is necessary, then the Local Agency shall include the goal and the applicable provisions
within the advertisement. The Local Agency shall not award a contract to any Contractor or Consultant without
the confirmation by the CDOT Civil Rights and Business Resource Center that the Contractor or Consultant has
demonstrated good faith efforts. The Local Agency shall work with the CDOT RCRO to ensure compliance with
the established terms during the performance of the contract.
5.The Local Agency shall require that all contractors pay subcontractors for satisfactory performance of work
no later than 30 days after the receipt of payment for that work from the contractor. For construction projects, this
time period shall be reduced to seven days in accordance with Colorado Revised Statute 24-91-103(2). If the Local
Agency withholds retainage from contractors and/or allows contractors to withhold retainage from
subcontractors, such retainage provisions must comply with 49 CFR 26.29.
6.Payments to all Subconsultants shall be made within thirty days of receipt of payment from [the Local
Agency] or no later than ninety days from the date of the submission of a complete invoice from the
Subconsultant, whichever occurs first. If the Consultant has good cause to dispute an amount invoiced by a
Subconsultant, the Consultant shall notify [the Local Agency] no later than the required date for payment. Such
notification shall include the amount disputed and justification for the withholding. The Consultant shall
maintain records of payment that show amounts paid to all Subconsultants. Good cause does not include the
Consultant’s failure to submit an invoice to the Local Agency or to deposit payments made.
7.The analysis and selection of the consultants shall be done in accordance with CRS §24-30-1403. This section
of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime consultants and
their team. It also shows which criteria are used to short-list and to make a final selection.
The short-list is based on the following evaluation factors:
a.Qualifications,
EXHIBIT A TO RESOLUTION 2024-028
Page 209
Item 10.
Exhibit H - Page 2 of 2
b.Approach to the Work,
c.Ability to furnish professional services.
d.Anticipated design concepts, and
e.Alternative methods of approach for furnishing the professional services. Evaluation factors for final
selection are the consultant's:
a.Abilities of their personnel,
b.Past performance,
c.Willingness to meet the time and budget requirement,
d.Location,
e.Current and projected work load,
f.Volume of previously awarded contracts, and
g.Involvement of minority consultants.
8.Once a consultant is selected, the Local Agency enters into negotiations with the consultant to obtain a fair
and reasonable price for the anticipated work. Pre-negotiation audits are prepared for contracts expected to be
greater than $50,000. Federal reimbursements for costs are limited to those costs allowable under the cost
principles of 48 CFR 31. Fixed fees (profit) are determined with consideration given to size, complexity, duration,
and degree of risk involved in the work. Profit is in the range of six to 15 percent of the total direct and indirect
costs.
9.A qualified Local Agency employee shall be responsible and in charge of the Work to ensure that the work
being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of the contract.
At the end of Work, the Local Agency prepares a performance evaluation (a CDOT form is available) on the
consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1, PROVIDE ADDITIONAL
DETAILS FOR COMPLYING WITH THE PRECEEDING EIGHT (8) STEPS.
EXHIBIT A TO RESOLUTION 2024-028
Page 210
Item 10.
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
Exhibit I- Page 1 of 14
EXHIBIT IEXHIBIT A TO RESOLUTION 2024-028
Page 211
Item 10.
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2.EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4.Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c.The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
Exhibit I- Page 2 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 212
Item 10.
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6.Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c.The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c.The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
Exhibit I- Page 3 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 213
Item 10.
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a.Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b.Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
Exhibit I- Page 4 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 214
Item 10.
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c.Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d.Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e.Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f.Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a.Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b.Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
Exhibit I- Page 5 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 215
Item 10.
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i) That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
Exhibit I- Page 6 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 216
Item 10.
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
Exhibit I- Page 7 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 217
Item 10.
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
Exhibit I- Page 8 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 218
Item 10.
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
Exhibit I- Page 9 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 219
Item 10.
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
Exhibit I- Page 10 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 220
Item 10.
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
Exhibit I- Page 11 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 221
Item 10.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1)Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2)Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3)Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4)Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3.Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
Exhibit I- Page 12 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 222
Item 10.
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
Exhibit I- Page 13 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 223
Item 10.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Exhibit I- Page 14 of 14
EXHIBIT A TO RESOLUTION 2024-028
Page 224
Item 10.
Exhibit J - Page 1 of 11
EXHIBIT J
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR
Chapter 60) (All construction contracts awarded in excess of $10,000 by the Local Agencies and their
contractors or the Local Agencies).
Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
CFR Part 3) (All contracts and sub-Agreements for construction or repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR
Part 5) (Construction contracts in excess of $2,000 awarded by the Local Agencies and the Local Agencies
when required by Federal Agreement program legislation. This act requires that all laborers and mechanics
employed by contractors or sub-contractors to work on construction projects financed by federal assistance
must be paid wages not less than those established for the locality of the project by the Secretary of Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by the
Local Agency’s in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment
of mechanics or laborers).
Clean Air Act
Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section
508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15) (contracts, subcontracts, and sub-Agreements of amounts more than $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is
applicable.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds
cannot be used for partisan political purposes of any kind by any person or organization involved in the
administration of federally assisted programs.
Nondiscrimination
The Local Agency shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color national origin, sex, age or disability. Prior to the
receipt of any Federal financial assistance from CDOT, the Local Agency shall execute the attached Standard
DOT Title VI assurance. As appropriate, the Local Agency shall include Appendix A, B, or C to the Standard
DOT Title VI assurance in any contract utilizing federal funds, land, or other aid. The Local Agency shall also
include the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies
all bidders that it will affirmatively ensure that any contract entered into pursuant to this
advertisement, DBEs will be afforded full and fair opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for any award.
EXHIBIT A TO RESOLUTION 2024-028
Page 225
Item 10.
Exhibit J - Page 2 of 11
ADA
In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall require the federal-
aid recipient or contractor to provide a statement of written assurance that they will comply with Section 504
and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-
646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and
displacing households or businesses in the performance of the Agreement).
Drug-Free Workplace Act
The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
Age Discrimination Act of 1975
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing
regulation 45 C.F.R. Part 84.
23 C.F.R. Part 172
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts".
23 C.F.R. Part 635
23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The requirements
for which are shown in the Nondiscrimination Provisions, which are attached hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid
Highway Act of 1973, the Contractor, for itself, its assignees, and successors in interest, agree as follows:
i. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation relative to
nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code
of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to completion of the
contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or
national origin in the selection and retention of Subcontractors, including procurement of materials and
leases of equipment. The Contractor will not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix C of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this
Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental
or physical handicap or national origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations, or orders and
instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources
of information and its facilities as may be determined by the State or the FHWA to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. Where any information required
of the Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth
what efforts have been made to obtain the information.
EXHIBIT A TO RESOLUTION 2024-028
Page 226
Item 10.
Exhibit J - Page 3 of 11
v. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the
contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the
contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant
thereto. The Contractor will take such action with respect to any subcontract or procurement as the State or the
FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a
Subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the FHWA to enter into
such litigation to protect the interests of the United States.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A TO RESOLUTION 2024-028
Page 227
Item 10.
Exhibit J - Page 4 of 11
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving
any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department
of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and
Federal Aviation Administration (FAA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of
Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA,
or FAA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other
Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and
requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of
49 C.F.R. § 21 will be (with regard to an "activity") facilitated or will be (with regard to a "facility") operated or
will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to
the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work,
or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3. "The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fair opportunity
EXHIBIT A TO RESOLUTION 2024-028
Page 228
Item 10.
Exhibit J - Page 5 of 11
4. to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award."
5. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement
subject to the Acts and the Regulations.
6. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
7. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,
the Assurance will extend to the entire facility and facilities operated in connection therewith.
8. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
9. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a
covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered
into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project,
or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved
under the applicable activity, project, or program.
10. That this Assurance obligates the Recipient for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form of,
personal property, or real property, or interest therein, or structures or improvements thereon, in which case
the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
11. The Recipient will provide for such methods of administration for the program as are found by the Secretary
of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee
that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
12. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
EXHIBIT A TO RESOLUTION 2024-028
Page 229
Item 10.
Exhibit J - Page 6 of 11
upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed
in program guidance.
[Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts,
agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date
hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE
is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded
programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
(Name of Recipient)
by
(Signature of Authorized Official)
DATED
EXHIBIT A TO RESOLUTION 2024-028
Page 230
Item 10.
Exhibit J - Page 7 of 11
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, FHWA, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and will
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination
provisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
EXHIBIT A TO RESOLUTION 2024-028
Page 231
Item 10.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the
[Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of
Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and
the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local
Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit
A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject,
however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in
effect for the period during which the real property or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding
on the [Local Agency] its successors and assigns.
The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and
agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,]
[and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions,
the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land
and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation
and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear
the purpose of Title VI.)
Exhibit J - Page 8 of 11
EXHIBIT A TO RESOLUTION 2024-028
Page 232
Item 10.
Exhibit J - Page 9 of 11
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the
[Local Agency] pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the
case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,
license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination
covenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,
and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued. *
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]
will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities
will there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
EXHIBIT A TO RESOLUTION 2024-028
Page 233
Item 10.
Exhibit J - Page 10 of 11
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by
[Local Agency] pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under
such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed
by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination
covenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued. *
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency]
will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and its
assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
EXHIBIT A TO RESOLUTION 2024-028
Page 234
Item 10.
Exhibit J - Page 11 of 11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations
at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low- Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
EXHIBIT A TO RESOLUTION 2024-028
Page 235
Item 10.
Exhibit K - Page 1 of 4
EXHIBIT K
FFATA SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole
or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the
contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings
ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or administers
in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non-
Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is
called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the
American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all Award
types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal financial
assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers.
For purposes of Transparency Act reporting, Contractor does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website
may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
EXHIBIT A TO RESOLUTION 2024-028
Page 236
Item 10.
Exhibit K - Page 2 of 4
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency
to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282),
as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the “Transparency
Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a
portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the performance of all
or any portion of the substantive project or program for which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-
Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal
project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and
conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The
term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts, Grants,
and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter
the information required under the Transparency Act, which may be found at http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime
Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required for a
project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not
subject to the terms and conditions of the Federal award. Program compliance requirements do not pass
through to a Vendor.
EXHIBIT A TO RESOLUTION 2024-028
Page 237
Item 10.
Exhibit K - Page 3 of 4
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations
issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such
provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity
of either party executing any further instrument. The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor shall
review and update SAM information at least annually after the initial registration, and more frequently if
required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if
required by changes in Contractor’s information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such
reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from
the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such
changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations
under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries
of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply
to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1,
2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award
modifications result in a total Award of $25,000 or more, the Award is subject to the reporting requirements as of
the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the
reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below.
EXHIBIT A TO RESOLUTION 2024-028
Page 238
Item 10.
Exhibit K - Page 4 of 4
7.1 To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number no later than the end of the month following the month in which the
Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract, the following dataelements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt
from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other arrangement
as defined in Section 1.1 of these Special Provisions. On future dates “Award” may include other items to
be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other
types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the
Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains
uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Contract, at law or in equity.
EXHIBIT A TO RESOLUTION 2024-028
Page 239
Item 10.
Exhibit L - Page 1 of 3
EXHIBIT L
SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT
EXHIBIT A TO RESOLUTION 2024-028
Page 240
Item 10.
Exhibit L - Page 2 of 3
EXHIBIT A TO RESOLUTION 2024-028
Page 241
Item 10.
Exhibit L - Page 3 of 3
EXHIBIT A TO RESOLUTION 2024-028
Page 242
Item 10.
Exhibit M - Page 1 of 5
EXHIBIT M
OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
Subject to
The Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”),
Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are attached has been funded, in
whole or in part, with an award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the agreement or any attachments or exhibits incorporated
into and made a part of the agreement, the provisions of these Uniform Guidance Supplemental Provisions
shall control. In the event of a conflict between the provisions of these Supplemental Provisions and the
FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the
terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38
1.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement
contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of
the Federal Award. The term does not include payments to a contractor or payments to an
individual that is a beneficiary of a Federal program.
1.3.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient.
2CFR §200.37
1.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109- 282), as amended by §6202 of Public Law 110-252.
1.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an
Award. The term does not include an agreement that provides only direct Federal cash assistance
to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services
for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR§200.51.
1.6. “OMB” means the Executive Office of the President, Office of Management and Budget.
1.7. “Recipient” means a Colorado State department, agency or institution of higher education that
receives a Federal Award from a Federal Awarding Agency to carry out an activity under a
Federal program. The term does not include Subrecipients. 2 CFR §200.86
1.8. “State” means the State of Colorado, acting by and through its departments, agencies and
institutions of higher education.
1.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part
of a Federal program. The term does not include an individual who is a beneficiary of such
program.
1.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
EXHIBIT A TO RESOLUTION 2024-028
Page 243
Item 10.
Exhibit M - Page 2 of 5
1.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for
Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing
guidance from relevant Federal agencies or the Colorado State Controller.
2. Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance,
including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such
provisions automatically shall become a part of these Supplemental Provisions, without the
necessity of either party executing any further instrument. The State of Colorado may provide
written notification to Subrecipient of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures
which reflect applicable State, local, and Tribal laws and regulations, provided that the
procurements conform to applicable Federal law and the standards identified in the Uniform
Guidance, including without limitation,
§§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of
a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
4. Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of §200.331
(Requirements for pass through entities), §§200.300 (Statutory and national policy requirements) through
200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR
§200.331(a)(5).
5. Single Audit Requirements. If Subrecipient expends $750,000 or more in Federal Awards during
Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-
7507). 2 CFR §200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in
accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal
program (excluding research and development) and the Federal program's statutes,
regulations, or the terms and conditions of the Federal award do not require a financial
statement audit of Recipient. A program-specific audit may not be elected for research
and development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government
EXHIBIT A TO RESOLUTION 2024-028
Page 244
Item 10.
Exhibit M - Page 3 of 5
Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other
information as needed for the auditor to perform the audit required by Uniform Guidance
Part F-Audit Requirements.
6. Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include
all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant
Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
EXHIBIT A TO RESOLUTION 2024-028
Page 245
Item 10.
Exhibit M - Page 4 of 5
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided bylaw.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as may be directed by the Secretary
of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction”). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal
entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is other wise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
EXHIBIT A TO RESOLUTION 2024-028
Page 246
Item 10.
Exhibit M - Page 5 of 5
Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non- Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7. Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient
to submit certifications and representations required by Federal statutes or regulations on an annual
basis. 2CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet
a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end
of the Award that the project or activity was completed or the level of effort was expended. 2
CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of
the Award must be adjusted.
7.1 Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall
constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may
terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar
days following the termination of the 30 day notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Grant, at law or in equity.
8. Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2 CFR §200.110. The
procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards
made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-
Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014.
9. Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard
information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award
Performance Goals that awarding Federal agencies are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to measure performance in a way that will help
the Federal awarding agency and other non-Federal entities to improve program outcomes.
The Federal awarding agency is required to provide recipients with clear performance goals, indicators,
and milestones (200.210). Also, must require the recipient to relate financial data to performance
accomplishments of the Federal award.
EXHIBIT A TO RESOLUTION 2024-028
Page 247
Item 10.
Exhibit N- Page 1 of 15 Version 1.31.23
Exhibit N
Federal Treasury Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these Federal
Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits
incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall
control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including
ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient),
must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
EXHIBIT A TO RESOLUTION 2024-028
Page 248
Item 10.
Exhibit N- Page 2 of 15 Version 1.31.23
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar
value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the
following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
EXHIBIT A TO RESOLUTION 2024-028
Page 249
Item 10.
Exhibit N- Page 3 of 15 Version 1.31.23
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.18. “Unique Entity ID” means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award Any revisions to
such provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument. The State of Colorado,
at its discretion, may provide written notification to Grantee of such revisions, but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in Sam.gov at least annually.
5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
EXHIBIT A TO RESOLUTION 2024-028
Page 250
Item 10.
Exhibit N- Page 4 of 15 Version 1.31.23
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit P to report to the State Agency within ten (10) days following each quarter ended
September, December, March and June. Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance
and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
EXHIBIT A TO RESOLUTION 2024-028
Page 251
Item 10.
Exhibit N- Page 5 of 15 Version 1.31.23
EC 1 – Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence-based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer
b) Purpose of funds
EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project’s response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence-based programs and description of evaluation
plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
EXHIBIT A TO RESOLUTION 2024-028
Page 252
Item 10.
Exhibit N- Page 6 of 15 Version 1.31.23
b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may change
this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics (“NCES”) School ID or NCES District ID
b) Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non-Profits (2.34)
a) Number of non-profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a) Sector of employer
b) Purpose of funds
c) If other than travel, tourism and hospitality (2.36) – description of hardship
EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond
those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third-party employers
d) Written narrative justification of how premium pay is responsive to essential work during
the public health emergency for non-exempt workers or those making over 150 percent of
the state/county’s average annual wage
EXHIBIT A TO RESOLUTION 2024-028
Page 253
Item 10.
Exhibit N- Page 7 of 15 Version 1.31.23
e) Number of workers to be served with premium pay in K-12 schools
EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local impact
report
ii. Project labor agreement certification or project workforce continuity plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with the
Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed, and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance, including, but
not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those
not on Tribal lands) that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload, with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
EXHIBIT A TO RESOLUTION 2024-028
Page 254
Item 10.
Exhibit N- Page 8 of 15 Version 1.31.23
lacked access to service of at least 25 Mbps download and 3 Mbps upload, in
each of the following categories: business, small business, elementary school,
secondary school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download; and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed, miles of
fiber, cost per mile, cost per passing, number of households (broken out by
households on Tribal lands and those not on Tribal lands) projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download, number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload, and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories: business,
small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization. Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download; and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.2.3. Subrecipient parent’s organization Unique Entity ID;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
EXHIBIT A TO RESOLUTION 2024-028
Page 255
Item 10.
Exhibit N- Page 9 of 15 Version 1.31.23
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base. See the “Use of Evidence” section in the “Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-
2.12), also provide the sector of employer, purpose of funds, and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served. For groups of workers (e.g., an operating unit,
a classification of worker, etc.) or, to the extent applicable, individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included) below 150 percent of their residing state or county’s
average annual wage for all occupations, as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics, whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions, include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include
personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any expenditure
category, narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year), and location (for broadband,
geospatial location data). For projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less
EXHIBIT A TO RESOLUTION 2024-028
Page 256
Item 10.
Exhibit N- Page 10 of 15 Version 1.31.23
than those prevailing, as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code (commonly
known as the "Davis-Bacon Act"), for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the Agreement work in
the civil subdivision of the State (or the District of Columbia) in which the work
is to be performed, or by the appropriate State entity pursuant to a corollary State
prevailing-wage-in-construction law (commonly known as "baby Davis-Bacon
Acts"). If such certification is not provided, a recipient must provide a project
employment and local impact report detailing (1) the number of employees of
Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3) the
wages and benefits of workers on the project by classification; and (4) whether
those wages are at rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a project
labor agreement, meaning a pre-hire collective bargaining agreement
consistent with section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)). If the recipient does not provide such certification, the recipient must
provide a project workforce continuity plan, detailing: (1) how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high-quality construction throughout the
life of the project; (2) how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project; and (3) how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market; and (5) whether the project has
completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a description
of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may
need additional reporting requirements after this agreement is executed. If there are
additional reporting requirements, the State will provide notice of such additional reporting
requirements via Exhibit Q – SLFRF Reporting Modification Form.
EXHIBIT A TO RESOLUTION 2024-028
Page 257
Item 10.
Exhibit N- Page 11 of 15 Version 1.31.23
9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all Agreements and purchase orders for work or products under
this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its Contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart
F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
EXHIBIT A TO RESOLUTION 2024-028
Page 258
Item 10.
Exhibit N- Page 12 of 15 Version 1.31.23
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-
specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits).
The Subrecipient may elect to have a program-specific audit if Subrecipient expends
Federal Awards under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient. A program-specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records
shall be available for review or audit by appropriate officials of the Federal agency, the
State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that
meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR part 60, Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration
and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148).
EXHIBIT A TO RESOLUTION 2024-028
Page 259
Item 10.
Exhibit N- Page 13 of 15 Version 1.31.23
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements,” and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the Enemy”
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in support
of a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to
2 CFR 200.216.
EXHIBIT A TO RESOLUTION 2024-028
Page 260
Item 10.
Exhibit N- Page 14 of 15 Version 1.31.23
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this Agreement (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.
C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations,
31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or
agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with
Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
EXHIBIT A TO RESOLUTION 2024-028
Page 261
Item 10.
Exhibit N- Page 15 of 15 Version 1.31.23
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass-through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its
entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
EXHIBIT A TO RESOLUTION 2024-028
Page 262
Item 10.
Exhibit O - Page 1 of 9
EXHIBIT O
AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name
Authorized Representative:
Title:
Signature:
EXHIBIT A TO RESOLUTION 2024-028
Page 263
Item 10.
Exhibit O - Page 2 of 9
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Treasury’s regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof
and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Subrecipient may use award funds to cover eligible costs incurred during the period that
begins on March 3, 2021, and ends on December 31, 2024.
Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller.
Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
EXHIBIT A TO RESOLUTION 2024-028
Page 264
Item 10.
Exhibit O - Page 3 of 9
is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F – Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
i. Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
ii. Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
iii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
iv. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
EXHIBIT A TO RESOLUTION 2024-028
Page 265
Item 10.
Exhibit O - Page 4 of 9
v. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
EXHIBIT A TO RESOLUTION 2024-028
Page 266
Item 10.
Exhibit O - Page 5 of 9
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b. The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
EXHIBIT A TO RESOLUTION 2024-028
Page 267
Item 10.
Exhibit O - Page 6 of 9
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
vii. A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
1. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct.
6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors to
adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
EXHIBIT A TO RESOLUTION 2024-028
Page 268
Item 10.
Exhibit O - Page 7 of 9
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,
the Subrecipient provides the assurances stated herein. The federal financial assistance may include
federal grants, loans and Agreements to provide assistance to the Subrecipient’s beneficiaries, the
use or rent of Federal land or property at below market value, Federal training, a loan of Federal
personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass Agreements of guarantee or insurance, regulated programs,
licenses, procurement Agreements by the Federal government at market value, or programs that
provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1. Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
EXHIBIT A TO RESOLUTION 2024-028
Page 269
Item 10.
Exhibit O - Page 8 of 9
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
EXHIBIT A TO RESOLUTION 2024-028
Page 270
Item 10.
Exhibit O - Page 9 of 9
discrimination, please so state.
10. If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
EXHIBIT A TO RESOLUTION 2024-028
Page 271
Item 10.
EXHIBIT P
SLFRF SUBRECIPIENT QUARTERLY REPORT
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be submitted to the State
Agency within ten (10) days following each quarter ended September, December,
March and June. The SLFRF Subrecipient Quarterly Report Workbook can be found
at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF Grant Agreement
Templates tab)
Exhibit P - Page 1 of 1
EXHIBIT A TO RESOLUTION 2024-028
Page 272
Item 10.
EXHIBIT Q
SAMPLE SLFRF REPORTING MODIFICATION FORM
Local Agency: Agreement No:
Project Title: Project No:
Project Duration: To: From:
State Agency: CDOT
This form serves as notification that there has been a change to the reporting requirements set forth in the
original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Local Agency agrees to and acknowledges the changes to the reporting requirements
set forth in the original SLFRF Grant Agreement. All other terms and conditions of the original SLFRF Grant
Agreement, with any approved modifications, remain in full force and effect. Grantee shall submit this form to
the State Agency within 10 business days of the date sent by that Agency.
Local Agency Date
CDOT Program Manager Date
Exhibit Q - Page 1 of 1
EXHIBIT A TO RESOLUTION 2024-028
Page 273
Item 10.
EXHIBIT R
APPLICABLE FEDERAL AWARDS
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date * May 18, 2021
Federal Award End Date December 31, 2024
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is not the
amount of this grant agreement)
$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in §2 and §5 below.
Exhibit R - Page 1 of 1
EXHIBIT A TO RESOLUTION 2024-028
Page 274
Item 10.
Exhibit S- Page 1 of 1
EXHIBIT S
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
EXHIBIT A TO RESOLUTION 2024-028
Page 275
Item 10.
EXHIBIT T
CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
Exhibit T - Page 1 of 2
Checklist for required exhibits due to funding sources. Required Exhibits are dependent on the source of funding. This is
a guide to assist in the incorporation and completion of Exhibits in relation to funding sources.
Exhibit Funding only from
FHWA
Funding only from
ARPA
FHWA and ARPA Funding
EXHIBIT A,
SCOPE OF WORK
EXHIBIT B,
SAMPLE OPTION LETTER
EXHIBIT C,
FUNDING PROVISIONS
EXHIBIT D,
LOCAL AGENCY
RESOLUTION (IF
APPLICABLE)
EXHIBIT E,
LOCAL AGENCY
AGREEMENT
ADMINISTRATION
CHECKLIST
EXHIBIT F,
CERTIFICATION FOR
FEDERAL-AID
AGREEMENTS
EXHIBIT G,
DISADVANTAGED
BUSINESS ENTERPRISE
EXHIBIT H,
LOCAL AGENCY
PROCEDURES FOR
CONSULTANT SERVICES
EXHIBIT I,
FEDERAL-AID AGREEMENT
PROVISIONS FOR
CONSTRUCTION
AGREEMENTS
EXHIBIT J,
ADDITIONAL FEDERAL
REQUIREMENTS
EXHIBIT K,
FFATA SUPPLEMENTAL
FEDERAL PROVISIONS
EXHIBIT L,
SAMPLE SUBRECIPIENT
MONITORING AND RISK
ASSESSMENT FORM
EXHIBIT M,
OMB UNIFORM GUIDANCE
FOR FEDERAL AWARDS
EXHIBIT A TO RESOLUTION 2024-028
Page 276
Item 10.
Exhibit T - Page 2 of 2
EXHIBIT N,
FEDERAL TREASURY
PROVISIONS
EXHIBIT O,
AGREEMENT WITH
SUBRECIPIENT OF
FEDERAL RECOVERY
FUNDS
EXHIBIT P,
SLFRF SUBRECIPIENT
QUARTERLY REPORT
EXHIBIT Q,
SLFRF REPORTING
MODIFICATION FORM
EXHIBIT R,
APPLICABLE FEDERAL
AWARDS
EXHIBIT S,
PII CERTIFICATAION
EXHIBIT T,
CHECKLIST OF REQUIRED
EXHIBITS DEPENDENT ON
FUNDING SOURCE
EXHIBIT A TO RESOLUTION 2024-028
Page 277
Item 10.
-1-
ORDINANCE NO. 041, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN THE CAPITAL
PROJECTS FUND OF COLORADO DEPARTMENT OF
TRANSPORTATION ALTERNATIVE PROGRAM GRANT FUNDS
AND THE CONGESTION MITIGATION AND AIR QUALITY
GRANT FUNDS, FOR THE POWER TRAIL AND HARMONY
GRADE SEPARATED CROSSING PROJECT
A. This Ordinance concerns construction of and funding for a pedestrian and
bicycle underpass to extend the Power Trail in the vicinity of East Harmony Road.
B. The Power Trail provides a north-south route through Fort Collins in two
disconnected segments along the west side of the Union Pacific Railroad, traveling past
neighborhoods, open spaces, two parks, Collindale Golf Course, and Kruse Elementary
School. The Trail’s northern end begins at Edora Park and stretches to just north of
Harmony Road via Golden Meadows Park, stopping at McMurry Avenue. The Trail
resumes at Keenland Drive to the west side of the railroad, travels to Trilby Road and
then continues south along Stanton Creek to the Carpenter Road underpass and a
connection to the Larimer County Front Range Trail and the Loveland Boyd Lake trail.
C. The current route for the Power Trail directs bicycles and pedestrians to use
the City roadway network north and south of Harmony Roa d, which involves crossing
Harmony Road at-grade at McMurry Avenue. Several residential neighborhoods are
south of Harmony Road near the Trail, and several destinations are north of Harmony
Road including multiple schools, businesses, parks, and a golf course. The existing at-
grade crossing has been the scene of several severe crashes involving vulnerable road
users in recent years, including a crash resulting in a cyclist fatality.
D. The Power Trail and Harmony Grade Separated Crossing Project (the
“Project”) has been developed to improve bicycle and pedestrian safety and to facilitate
trail connectivity. The Project will design, acquire any necessary right-of-way for, and
construct a trail underpass for the Power Trail crossing at Harmony Roa d. A separate
project will construct trail connections north and south of Harmony Road to connect the
underpass with the existing Power Trail. Together, this Project and the trail connections
work will complete the last gap in the Power Trail, providing connectivity from the Poudre
River Corridor to the Big Thompson Corridor.
E. The Project is one of multiple projects to connect the Power Trail to the local
trail network and to current and future residential communities, schools, and parks in
southeast Fort Collins. Current and future developments will add to trail demand and a
robust trail network will potentially divert vehicle trips.
F. The Power Trail is regionally significant and identified in the North Front
Range Metropolitan Planning Organization (the “NFRMPO”) Regional Active
Transportation Plan as part of the Front Range Trail (West) adopted in July 2021 . The
Page 278
Item 10.
-2-
grade separated crossing is identified in the City’s 2014 Bicycle Master Plan as a bicycle
network priority.
G. City staff presented the Project to the Bicycle Advisory Committee, the
Commission on Disabilities, the Transportation Board, and the Parks and Recreation
Advisory Board, all of whom support the Project.
H. In 2016, the City applied for and was awarded $800,000 through a federal
Transportation Alternatives Program (“TAP”) grant. These TAP funds were awarded to
the City, programmed for FY2020, through the NFRMPO and Colorado Department of
Transportation (“CDOT”) for the construction of the Project.
I. In 2022, the City was awarded a Congestion Mitigation and Air Quality
(“CMAQ”) grant for $2,700,000. These CMAQ funds were awarded to the City,
programmed for FY2023-FY2024, through the NFRMPO and CDOT for the construction
of the Project.
J. In 2023, the City applied for and was awarded $3,239,300 in additional
CMAQ funds through the NFRMPO. These funds are required to complete construction
of the Project planned for 2025. The additional $3,239,300 in CMAQ funds are
programmed for FY2026 and will be requested for appropriation along with additional City
funds required to complete the Project as part of the City’s 2025 -2026 Budget.
K. CDOT administers the grant funds for the Project and has proposed an
intergovernmental agreement (the “IGA”) to enable the City to receive and expend the
grant funds to continue to address safety concerns and to further develop the City’s
transportation infrastructure and interconnected trail network. The proposed IGA requires
the City to provide matching funds in the amount of $1,434,635.
L. The feasibility study and design phases that preceded the Project and the
City’s required local match and overmatch funds were previously appropriated from
Transportation Capital Expansion Fee funds, the Transportation Fund, and Community
Capital Improvement Program funds for pedestrian and bicycle grade separated
crossings.
M. The appropriations for this Project benefit public health, safety, and welfare
of the residents of Fort Collins and serve the public purpose of promoting safer travel
across multiple modalities and improving the transportation infrastructure within the City.
N. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
Page 279
Item 10.
-3-
O. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Capital Projects Fund and will not cause the total amount appropriated in the Capital
Projects Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
P. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
Q. The City Council wishes to designate the appropriation s herein for the
CDOT TAP grant and CMAQ grant as appropriations that shall not lapse until the earlier
of the expiration of the grants or the City’s expenditure of all funds received from such
grants.
R. All of the funds appropriated in this Ordinance for the Project are ineligible
for use in the APP Program due to restrictions placed on them by CDOT, the source of
these funds.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Capital Projects Fund the sum of EIGHT HUNDRED THOUSAND DOLLARS ($800,000)
to be expended in the Capital Projects Fund for the Project.
Section 2. There is hereby appropriated from new revenue or other funds in the
Capital Projects Fund the sum of TWO MILLION SEVEN HUNDRED THOUSAND
DOLLARS ($2,700,000) to be expended in the Capital Projects Fund for the Project.
Section 3. The appropriations herein for the CDOT TAP grant and CMAQ grant
are hereby designated, as authorized in Article V, Section 11 of the City Charter, as
appropriations that shall not lapse at the end of this fiscal year but continue until the earlier
of the expiration of the grants or the City’s expenditure of all funds received from such
grants.
Page 280
Item 10.
-4-
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Heather N. Jarvis
Page 281
Item 10.
Page 282
Item 10.
Page 283
Item 10.
419 Canyon Avenue, Suite 300
Fort Collins, Colorado 80521
(970) 221.6243 FAX: (970) 416.2406
nfrmpo.org
January 16, 2024
Dillon Willett
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Dear Mr. Willett:
The North Front Range Metropolitan Planning Organization (NFRMPO) is pleased to notify you of an
additional Congestion Mitigation and Air Quality (CMAQ) award to the City of Fort Collins for the Power
Trail Harmony Grate Separated Crossing project (STIP ID: SR47020.026). This award letter replaces the
orgiginal award letter dated January 10, 2023.
The Scoring Committee reviewed and scored STBG applications for the NFRMPO 2023 Call for Projects
on November 1, 2023. The NFRMPO Planning Council approved the recommended projects on January
11, 2024 with Resolution 2024-01. Additional funding will be revised into the FY2024-2027
Transportation Improvement Program (TIP) with the January Modification (#2024-M1).
The NFRMPO Planning Council has approved your project as follows:
Funding
Source FY2023 FY2024 FY2025 FY2026 Total
CMAQ 249,486$ 108,885$ 2,341,630$ 3,239,300$ 5,939,301$
Local Match*51,862$ 22,635$ 486,767$ 673,371$ 1,234,634$
Local
Overmatch 1,312,900$ 1,312,900$ 612,935$ -$ 3,238,735$
Total 1,614,248$ 1,444,420$ 3,441,332$ 3,912,671$ 10,412,670$ *Required local match for CMAQ projects is 17.21%. Any local contribution beyond this amount is considered local overmatch.
Project funds should be moved to obligation during the year programmed. As a recpient of funding
through the NFRMPO Call for Projects, the project is subject to the NFRMPO TIP Project Delay Procedure
(“TIP delay policy”) as defined in the TIP Narrative. Per the TIP delay policy, this project must go to
advertisement by June 30, 2024 to meet the milestone deadline and avoid becoming delayed.
The next step is to contact Bryce Reeves with the CDOT Region 4 Local Agency Unit
(bryce.reeves@state.co.us) to set up the initial project meeting. At the initial meeting your agency’s
Project Manager will need to provide their contact information, a copy of the project application, and
Project Conceptual Plans (if applicable and available).
Page 284
Item 10.
The federal project funding process requires a significant amount of time to implement and complete;
you are encouraged to engage with CDOT as soon as possible. Please remember the expenditure of any
funds prior to fully executing the Intergovernmental Agreement (IGA) and funds encumbering option
letter (OL) with CDOT will not be reimbursed and those funds are not eligible for inclusion in the IGA
project budget.
Please contact AnnaRose Cunningham at (970) 818-9497 or arcunningham@nfrmpo.org if you have any
questions or concerns.
Cordially,
Suzette Mallette
Executive Director
Encl: Project Application
Planning Council Resolution 2024-01
CC: Josie Thomas, CDOT Region 4
Whitney Holcombe, CDOT Region 4
Bryce Reeves, CDOT Region 4
Dana Hornkohl, Fort Collins
Brad Buckman, Fort Collins
Becky Karasko, NFRMPO
AnnaRose Cunningham, NFRMPO
Suzette Mallette Digitally signed by Suzette
Mallette
Date: 2024.01.12 10:41:41 -07'00'
Page 285
Item 10.
Page 286
Item 10.
Page 287
Item 10.
Page 288
Item 10.
Page 289
Item 10.
Page 290
Item 10.
Page 291
Item 10.
Page 292
Item 10.
Page 293
Item 10.
Page 294
Item 10.
Page 295
Item 10.
Page 296
Item 10.
Page 297
Item 10.
Page 298
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Amanda King, Communications/Public Involvement Director
Dean Klingner, Community Services Director
Chris Martinez, IES Financial Planning and Analysis Manager
SUBJECT
First Reading of Ordinance No. 042, 2024, Appropriating Prior Year Reserves in the General Fund
for Cultural Development and Programming Activities, Tourism Programming, and Convention
and Visitor Program Services.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $560,178, of which $392,125 is proposed for Convention and
Visitors Bureau, $140,044 is proposed for Cultural Development and Programming Activities (Fort Fund),
and $28,009 is proposed for Tourism Programming (Fort Fund) all from unanticipated 2023 Lodging Tax
revenue collections.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO)
cycle and then adjusted annually as needed based on final actual collections. For 2023, total Lodging
tax revenues collected came in $560,178 above projected collections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Section 25-44 of the City Code requires that 75% of the total lodging tax receipts be used for the
promotion of convention and visitor activities in the City and 25% of receipts be used for cultural
development and programming activities in the City. Actual revenue collected is appropriated based on
this allocation formula and any excess revenue and budget savings are reserved for these activities in
the General Fund.
Pursuant to a contract with the Fort Collins Convention and Visitors Bureau (FCCVB), the City has paid a
portion of lodging tax receipts to the FCCVB since 2011 for delivery of convention and visitors
programming services in furtherance of the City Code requirement. The amount due for convention and
visitors programming is appropriated based on prior year receipts and paid annually to FCCVB after the
close of the prior tax year.
Page 299
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
When actual lodging tax receipts exceed the anticipated amount appropriated for cultural development
and programming activities, the City also appropriates additional funds and adjusts the amount allocated
for those activities in the year following the year in which the tax is collected. Appropriated lodging tax
revenues remaining unspent at the end of the tax year lapse into the General Fund and may be
appropriated the following year for the same purposes as they were originally appropriated.
The actual tax revenue collected during the 2023 tax year, as determined March 2024, was $560,178
more than the Lodging tax revenue anticipated and appropriated for expenditure in 2024. Accordingly,
upward adjustments to the 2024 appropriations under Section 25-44 of the City Code are required. These
appropriation adjustments are described below.
CITY FINANCIAL IMPACTS
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 300
Item 11.
-1-
ORDINANCE NO. 042, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR CULTURAL DEVELOPMENT AND PROGRAMMING
ACTIVITIES, TOURISM PROGRAMMING AND CONVENTION
AND VISITOR PROGRAM SERVICES
A. Section 25-244 of the Code of the City of Fort Collins requires allocation of
lodging tax revenue as follows: 75% for the promotion of convention and visitor activities
and 25% for cultural development and programming activities.
B. Lodging Tax revenue was estimated at $1,900,000 for 2023 and
appropriated; however, actual Lodging Tax receipts were greater than projected .
C. At the end of 2023, a total of $2,460,178 in Lodging Tax revenues had been
collected and the unspent portions lapsed into the General Fund Reserves for Lodging
Tax programs and activities.
D. Unanticipated Lodging Tax revenue in the amount of $560,178 held in the
General Fund Reserves is to be appropriated for each of the Lodging Tax programs and
activities as follows:
Cultural Development and Programming $140,044
Tourism Programming $28,009
Fort Collins Convention and Visitors Bureau $392,125
E. These additional funds will help support a future Fort Fund grant process.
F. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of promoting visitor activity and cultural
development and programming activities.
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
H. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
I. The City wishes to appropriate funds allocated for Cultural Development
and Programming and Tourism Programming.
Page 301
Item 11.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the General
Fund the sum of ONE HUNDRED FORTY THOUSAND FORTY-FOUR DOLLARS
($140,044) to be expended in the General Fund for Cultural Development and
Programming activities.
Section 2. There is hereby appropriated from prior year reserves in the General
Fund the sum of TWENTY-EIGHT THOUSAND NINE DOLLARS ($28,009) to be
expended in the General Fund for the Tourism Programming.
Section 3. There is hereby appropriated from prior year reserves in the General
Fund the sum of THREE HUNDRED NINETY-TWO THOUSAND ONE HUNDRED
TWENTY-FIVE DOLLARS ($392,125) to be expended in the General Fund for the
Convention and Visitors Bureau.
Introduced, considered favorably on first reading on the March 19, 2024, and
approved on second reading for final passage on the April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Jenny Lopez Filkins
Page 302
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
SUBJECT
First Reading of Ordinance No. 043, 2024, Appropriating Prior Years Reserves Received in the
General Fund By City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $30,000 in philanthropic revenue received by City
Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Fort Collins Police Services is honored to host the inaugural Police Leadership Summit in 2024. This three-
day-event will bring law enforcement leaders together from across the country to cast a vision for the future
of community policing.
The purpose of this item is to request appropriation of two gifts: $25,000 received from the Daniels Fund
and $5,000 received from Angel Armor designated for the 2024 Police Leaders’ Summit by the donors.
The Daniels Fund, located in Denver, Colorado, is a a private charitable foundation dedicated to making
life better for the people of Colorado, New Mexico, Utah, and Wyoming through its grants program,
scholarship program, and ethics initiatives. Fort Collins-based Angel Armor is an industry leader in
proactive law enforcement solutions and personal safety equipment. The charitable support represents a
valued investment in Fort Collins Police Services’ national leadership.
The Police Leadership Summit will serve as a platform for shared best practices, round table discussions,
and for industry partners to showcase systems and tools vital for effective and responsible policing in the
21st century. Early in the planning stages, the Fort Collins-based summit will address topics such as
Community Policing, Recruiting & Retention, Retail Theft, the Science behind Crime Prevention, and
Homelessness Response. Invitees will represent municipalities, federal law agencies, sheriffs,
representatives from The Police Executive Research Forum, and law enforcement experts who have
administered Consent Decrees (agreements between cities and Federal Government to fix areas of
concern).
Page 303
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The purpose of this item is to request appropriation of $30,000 philanthropic revenue received by City Give
for Fort Collins Police Services from the Daniels Fund and Angel Armor.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $30,000 in philanthropic revenue received by City Give for Fort Collins
Police Services The funds have been received and accepted per the City Give Administrative and Financial
Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from the designated funds and will not cause the total amount appropriated in these funds
to exceed the current estimate of actual and anticipated revenues and all other funds to be received in
these funds during fiscal year 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 304
Item 12.
-1-
ORDINANCE NO. 043, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES RECEIVED IN THE
GENERAL FUND BY CITY GIVE FOR FORT COLLINS POLICE
SERVICES FOR THE 2024 POLICE LEADERS’ SUMMIT
A. Fort Collins Police Services is honored to host the inaugural Police
Leadership Summit in 2024 in a three-day event that will bring law enforcement leaders
together from across the country to cast a vision for the future of community policing .
B. Attendees at the Police Leadership Summit will repres ent municipalities,
federal law agencies, sheriffs, representatives from the Police Executive Research
Forum, and law enforcement experts who have administered Consent Decrees
(agreements between cities and Federal Government to fix areas of concern).
C. The Fort Collins-based summit will address topics such as community
policing, recruiting and retention, innovations in technology, the science behind crime
prevention, and homelessness response.
D. The Police Leadership Summit ensures a platform for shared be st practices,
round table discussions, and for industry partners to showcase systems and tools vital for
effective and responsible policing in the 21st century.
E. City Give received two donations totaling $30,000 in philanthropic revenue
to be used for Fort Collins Police Services for the 2024 Police Leaders’ Summit as
designated by the donors.
F. One donor gift was for $25,000 and the second gift was for $5,000.
G. The purpose of this item is to appropriate the $30,000 of supplemental
revenue to enhance the local investment in Fort Collins Police Services’ national
leadership.
H. This appropriation benefits the public health, safety, and welfare of the
citizens of Fort Collins and serves the public purpose of collaborating with agencies
across the country to discuss and develop innovative ideas to support our police
department and enhance community safety; and
I. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
J. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
Page 305
Item 12.
-2-
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the General
Fund the sum of THIRTY THOUSAND DOLLARS ($30,000) to be expended in the
General Fund for the 2024 Police Leaders’ Summit.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Dawn Downs
Page 306
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
SUBJECT
First Reading of Ordinance No. 044, 2024, Appropriating Prior Year Reserves Received By City Give
for Fort Collins Police Services for the Safe Futures Initiative.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $80,000.00 in philanthropic revenue received by
City Give for Fort Collins Police Services for the Safe Futures initiative.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Like many law enforcement agencies across the nation, Fort Collins Police Services (FCPS) is adopting
new industry practices for victim-centered services by hiring civilian professionals for forensics, fraud, and
criminal investigations.
Traditionally served by uniformed police officers, this new approach offers a proactive, comprehensive
victim-centered approach to public safety and leverages candidates from accounting, criminal justice, and
forensic disciplines, who desire to serve their community. The Fort Collins Safe Futures Fund is a
designated charitable fund to support the operational needs for innovative, victim-centered police services
to address the impact crime has on victims, their families, and witnesses; Leverage technology-based
skilled investigative resources; And, assist in the identification of victims of human trafficking and prevent
the sexual exploitation of the most vulnerable members of our community.
The purpose of this item is to request appropriation of $80,000.00 in philanthropic revenue received by City
Give for Fort Collins Police Services for the Safe Futures initiative. The charitable support represents a
generous local giving: $50,000 from the Blue Ocean Foundation, and $30,000 from UCount, Timberline
Church. All gifts are designated for the sole purpose of the Safe Futures initiative.
Page 307
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $80,000.00 in philanthropic revenue received in 2023 being appropriated
from prior year reserves. The funds have been received and accepted per the City Give Administrative and
Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from the designated funds and will not cause the total amount appropriated in these funds
to exceed the current estimate of actual and anticipated revenues and all other funds to be received in
these funds during fiscal year 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 308
Item 13.
-1-
ORDINANCE NO. 044, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES RECEIVED BY CITY
GIVE FOR FORT COLLINS POLICE SERVICES FOR THE SAFE
FUTURES INITIATIVE
A. Like many law enforcement agencies across the nation, Fort Collins Police
Services (“FCPS”) is adopting new industry practices for victim -centered services by
hiring civilian professionals for forensics, fraud, and criminal investigations.
B. Traditionally served by uniformed police officers, this new approach offers
a proactive, comprehensive victim-centered approach to public safety and leverages
candidates from accounting, criminal justice, and forensic disciplines, who desire to serve
their community.
C. The Fort Collins Safe Futures Fund is a designated charitable fund to
support the operational needs for innovative, victim -centered police services to address
the impact crime has on victims, their families, and witnesses; leverage technology-based
skilled investigative resources; assist in the identification of victims of human trafficking;
and prevent the sexual exploitation of the most vulnerable members of our community.
D. The purpose of this item is to request appropriation of $8 0,000.00 in
philanthropic revenue received by City Give for Fort Collins Police Services for the Safe
Futures Initiative.
E. The charitable support represents a range of generous local giving: $50,000
from one donor, and $30,000 from the second donor, with all gifts designated for the sole
purpose of the Safe Futures Initiative.
F. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves a public purpose of protecting our most vulnerable population
of citizens by investigating crimes and holding perpetrators of those crimes accountable .
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
H. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
Page 309
Item 13.
-2-
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
J. The City Council wishes to designate the appropriation herein for Safe
Futurers Initiative donation as an appropriation that shall not lapse until the earlier of the
expiration of the grant or donation or the City’s expenditure of all funds received from
such grant or donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the General
Fund the sum of EIGHTY THOUSAND DOLLARS ($80,000) to be expended in the
General Fund for the Safe Futures Initiative.
Section 2. The appropriation herein for The Safe Futures Initiative is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or donation or the City’s expenditure of all funds received from
such grant or donation.
Introduced, considered favorably on first reading on March 19, 2024, and approved on
second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Dawn Downs
Page 310
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Carly Garner, Police Services
Kerri Ishmael, Grants Administration
SUBJECT
First Reading of Ordinance No. 045, 2024, Making a Supplemental Appropriation in the General
Fund of the Internet Crimes Against Children Grant in Support of Fort Collins Police Services Cyber
Crimes Unit.
EXECUTIVE SUMMARY
The purpose of this item is to support the Fort Collins Police Services’ Cyber Crimes Unit by appropriating
$6,585 of unanticipated grant revenue awarded by the Colorado Springs Police Department.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In December 2023 the Colorado Springs Police Department awarded the City of Fort Collins $6,585 in
capacity as a subrecipient under the Department of Justice’s (DOJ) Internet Crimes Against Children
(ICAC) grant program (Attachment 2). The Colorado Springs Police Department is one of 61 national ICAC
task forces that serves to administer DOJ grant program funds. The awarded federal pass-through funds
will support personnel from Fort Collins Police Services’ Cyber Crimes Unit to attend training conferences
to combat technology-facilitated crimes against children.
Appropriation of these funds will allow members of the FCPS Cyber Crimes Unit to attend training relevant
to the investigation of crimes involving CSAM (Child Sexual Abuse Material), Internet Luring, Child
Exploitation, and other criminal matters related to the online exploitation of children. The scope of this
training may include basic investigations, undercover investigations, proactive investigations, peer -2-peer
networking investigations, and other relevant topics. Attending such training will allow Cyber Crimes
investigators to better serve the Fort Collins community by providing enhanced skills and knowledge of the
best practices in this field. Cyber Crimes is an ever-evolving field, and it is crucial for investigators to stay
abreast of the most up-to-date techniques, resources, and equipment available for the successful
investigation of these challenging crimes. These funds will be used to provide transportation, lodging,
registration, and other necessary expenses for the travel of Cyber Crimes investigators to training classes
and conferences. These funds were awarded through an annual grant offered by the DOJ ICAC, a task
force with which the FCPS Cyber Crimes Unit collaborates on a regular basis.
Page 311
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $6,585 in unanticipated revenue from the DOJ’s ICAC grant program in support of
Police Services Cyber Crimes Unit.
There is no match requirement by the City under this grant.
This grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$6,585.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Internet Crimes Against Children Grant Agreement
Page 312
Item 14.
-1-
ORDINANCE NO. 045, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION IN THE
GENERAL FUND OF THE INTERNET CRIMES AGAINST
CHILDREN GRANT IN SUPPORT OF FORT COLLINS POLICE
SERVICES CYBER CRIME UNIT
A. Fort Collins Police Services (“FCPS”) Cyber Crimes unit investigates and
combats technology-facilitated crimes against children, our community’s most vulnerable
population.
B. Cyber Crimes is an ever-evolving field, and it is crucial for investigators to
stay abreast of the most up-to-date techniques, resources, and equipment available for
the successful investigation of these challenging crimes.
C. In December 2023, the Colorado Springs Police Department awarded the
City of Fort Collins $6,585 in capacity as a subrecipient under the Department of Justice’s
(DOJ) Internet Crimes Against Children (“ICAC”) grant program.
D. The awarded federal pass-through funds will support personnel from FCPS
Cyber Crimes Unit to attend training conferences to combat technology-facilitated crimes
against children.
E. The purpose of this item is to request appropriation of $6,585 in
unanticipated grant funding revenue from Colorado Springs Police Department pass -
through from the DOJ ICAC grant program.
F. Appropriation of these funds will allow members of the FCPS Cyber Crimes
Unit to attend training relevant to the investigation of crimes involving CSAM (“Child
Sexual Abuse Material”), internet luring, child exploitation, and other criminal matters
related to the online exploitation of children.
G. Attending such training will allow Cyber Crimes investigators to better serve
the Fort Collins community by providing enhanced skills and knowledge of the best
practices in this field.
H. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves a public purpose of protecting our most vulnerable population
of citizens by investigating crimes and holding perpetrators of those crimes accountable.
I. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such su pplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
Page 313
Item 14.
-2-
J. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private gran t
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
L. The City Council wishes to designate the appropriation herein for the
Internet Crimes Against Children Grant as an appropriation that shall not lapse until the
earlier of the expiration of the grant or the City’s expenditure of all funds received from
such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of SIX THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS
($6,585) to be expended in the General Fund for the Fort Collins Police Services Cyber
Crimes Unit.
Section 2. The appropriation herein for the Internet Crimes Against Children
Grant is hereby designated, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of this fiscal year but continue until the
earlier of the expiration of the grant or the City’s expenditure of all funds received from
such grant.
Introduced, considered favorably on first reading on the March 19, 2024, and
approved on second reading for final passage on the April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Dawn Downs
Page 314
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 315
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 316
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 317
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
City of Fort Collins (legal organization)
Fort Collins Police Services (agency administering grant)
City of Fort Collins
1/30/2024
Kelly DiMartino, City Manager
Page 318
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 319
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 320
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 321
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 322
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 323
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 324
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 325
Item 14.
DocuSign Envelope ID: 287FA58B-0177-4597-A187-0A9B173D6CF6
Page 326
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jeremy Woolf, Senior Director of Water Operations
Andrew Gingerich, Director Water Field Operations
SUBJECT
First Reading of Ordinance No. 046, 2024, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify Terminology Regarding Control Valves and Water Service and Fire Lines.
EXECUTIVE SUMMARY
The purpose of this item is to clarify and make consistent certain terminology in City Code. This item will
remove “curb stop” from City Code, to be replaced by “control valve.” Replacement of this terminology
removes any potential assumption that a water control valve on a service or fire line must have proximity
to a street or sidewalk curb to define ownership of the valve and of the line extending from the valve .
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City (through Utilities) owns and is responsible for water mains that convey treated water. These water
mains have service and fire lines that branch off to convey water to customers’ properties. The service
and fires lines have control valves on them that are owned by the City and intended to control the flow of
water to the customers’ structures and property. The service or fire line between the control valve and the
property or structure is owned by and the responsibility of the property or structure owner. Ownership of
the control valve and the service line is independent of the valve's proximity to a “curb.” However, City
Code currently uses both the terms “curb stop” and “control value” to refer to these control valves. Removal
of the term “curb stop” eliminates potential misinterpretation of ownership as being dependent on a control
valve’s proximity to a street or sidewalk curb. The term “curb stop” will be replaced with the term “control
valve,” which will now be defined.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Water Commission recommended adoption of the proposed Code revisions at its February 15, 2024,
meeting.
Page 327
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Water Commission Draft Minutes, February 15, 2024 (Excerpt)
Page 328
Item 15.
-1-
ORDINANCE NO. 046, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF
FORT COLLINS TO CLARIFY TERMINOLOGY REGARDING
CONTROL VALVES AND WATER SERVICE AND FIRE LINES
A. The City owns and operates a water utility that, among other things,
provides treated water service to customers in its service area.
B. The City owns and is responsible for water mains that convey treated water,
and these water mains have service and fire lines that branch off to convey water to
customers’ properties.
C. It is and has been the policy of the City that the initial portion of service and
fire lines adjacent to the water main belong to and are the responsibility of the City, and
the latter, “downstream” portions of service lines belong to and are the responsibility of
customers.
D. On a given service line, as provided in City Code Sections 26 -41, 26-44,
26-48, 26-94, 26-95, 26-96, 26-97, 26-116, and 26-117, the location where the City’s
ownership and responsibility for the service line end, a nd where customer’s ownership
and responsibility begin, is the location on the service line just downstream of the City’s
curb stop, which is not a defined term in City Code .
E. The City’s understanding and intent of City Code and the City’s water utility
system has always been that the curb stop is a City-owned control valve on the service
line that allows the City to control the flow of water in the service line, and this
understanding and intent have historically guided administration of the water utility.
F. The term curb stop has periodically caused some confusion because it is a
term used in the water distribution industry term that is not necessarily intuitive; for
instance, curb stops may or may not be located beneath a street curb, and may instead
be located on the customer’s property or in City -owned right-of-way, particularly as the
specific locations of curbs may change over time without necessarily changing the
location of the curb stop; and the essential function of curb stops is not dependent on
their location relative to the curb.
G. The term curb stop has also periodically caused some confusion because
it is a term used in the water distribution industry that is not always used consistently; for
instance, a curb stop for one water provider may be understood to be slightly different
than a curb stop for another water provider.
H. On a given fire line, as provided in City Code Sections 26-100, the location
where the City’s ownership and responsibility for the fire line ends, and where customer’s
ownership and responsibility begins, is the location on the service line just downstream
of the City’s control valve, which is not a defined term in City Code .
Page 329
Item 15.
-2-
I. City staff has therefore proposed to clarify the use of the definitions of
control valves and curb stops in City Code related to service and fire lines to clarify their
definition consistent with the City’s historical and current understanding and intent and
administration.
In light of the foregoing recitals, which the Council hereby makes and adopt s as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 26-41 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-41. - Definitions.
…
Control valve shall mean a City-owned control valve on the service or fire line that
allows the City to control the flow of water in the service or fire line. Control valves
may or may not be included in other structures, including those commonly known
as curb stops.
. . .
Service line (water, public and private) shall mean the water delivery pipeline
running from the City water main to the building or property to be served consisting
of a publicly owned and maintained portion from the main to the curb stopcontrol
valve and a privately owned and maintained portion from the curb stopcontrol valve
including the outlet coupling to the building or other point of use or distribution on
the lot or premises served. The terms water service pipe and building supply as
used in the plumbing code have the same meaning. The public portion of a service
line is also referred to as a service line stub or as a public service line as
distinguished from the term private service line which refers to the privately owned
and maintained portion of the service line.
…
Section 2. That Section 26-44 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-44. - Composition of the water utility.
Except for private mains and that portion of the service line considered privately owned
between the curb stop control valve and the structure served, all water and water rights,
waterworks and their appurtenances, fire hydrants, machinery, equipment and supplies
used by the City to supply its water users with water, shall constitute the water utility.
Page 330
Item 15.
-3-
Section 3. That Section 26-48 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-48. - Authority to turn on water.
No person other than a duly authorized employee of the City shall open or turn on any
control valve or any other City water valve or curb stop regulating the flow of water from
the City water mains to any premises, lot, building or house for any reason.
Section 4. That Section 26-94 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-94. - Individual service lines for each building required.
…
(c) Notwithstanding the provisions of Subsection (a) above, the Utilities
Executive Director may, after review and approval of the related plans and
specifications, authorize the service of more than one (1) property by a
single, common, private water service line, provided that:
…
(4) The line must include a separate branch line to each single -family
attached property, and each branch line must include a curb stop
control valve that meets the requirements of the City Development
Construction Standards. These private service curb stops control
valves must be exterior to the dwellings, within a utility easement that
has been conveyed to the City and readily accessible and operable
by City personnel. The private service curb stops control valves shall
be the City’s control point for that single-family attached dwelling.
(5) The line beyond the City curb stop control valve and all branch
service lines including the private service curb stopscontrol valves
must be owned, operated, maintained, repaired and replaced, as
needed, by a legal entity representing all of the owners of the
properties served by the line.
…
Section 5. That Section 26-95 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-95. - Installation and maintenance of service lines; user responsibilities;
liability.
Page 331
Item 15.
-4-
(a) Installation. All costs and expenses incidental to the installation and
connection of a water service line, including, but not limited to, a common
private water service line, shall be borne by the applicant for a water service
permit who shall retain or employ a licensed contractor or plumber to install
a service line. For the installation of that portion of any service line within
the public right-of-way or street, the contractor or plumber shall also be
licensed by the City under Article XI of this Chapter. The utility may install
the portion of the service line from the main to the curb stop control valve
upon payment of a tap charge by the applicant. The applicant is responsible
for restoring streets, sidewalks, parkways and other property disturbed in
the course of the work to acceptable City standards after the connection is
made.
(b) Maintenance. The owner of any property connecting to the water utility is
responsible for the installation and maintenance at the owner’s own
expense and risk of the water service line from the curb stop control valve,
or the property line in the absen ce of a curb stop, to the structure being
served and all other water pipes, machinery and apparatus which may be
required for applying and utilizing City water on the property. The owner
shall keep the private service line in good and safe condition and, a t the
owner's expense, shall keep all pipes, fixtures and appliances on the
property tight and in good working order to prevent waste of water. The
owner is responsible for all leaks or damages on account of leaks from the
private service line and other apparatus within the property served.
…
Section 6. That Section 26-96 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-96. - Maintenance responsibility of utility.
The utility shall maintain all public water facilities and mains, public service lines, fire
hydrants, other public system appurtenances and water meters. However, if the portion
of the service line in use between the water main and the curb stop control valve is made
of materials other than copper or ductile iron, then the entire service line will be deemed
to be a private main of the premises serviced by the line, and the City will not be
responsible for any part of its maintenance until such time as the line is replaced with
conforming materials pursuant to Subsection 26-97(a) below and any regulations
promulgated thereunder. The utility is not responsible for maintenance of common private
water service lines.
Section 7. That Section 26-97 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-97. - Water service lines; general regulations.
Page 332
Item 15.
-5-
…
(c) Materials. In the case where the service line between the water main and
the premises has been deemed a private main because it is made of
materials other than ductile iron or copper, it shall be replaced by copper or
ductile iron lines at the expense of the user when, in the opinion of the
Utilities Executive Director, such line has become so disintegrated as to be
unfit for further use. Once such a line has been replaced with the required
materials, it becomes part of the water utility, and the utility will assume the
maintenance of the service line between the water main and the curb stop
control valve the same as for any public service line. This provision shall not
apply to a common private water service line.
Section 8. That Section 26-116 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-116. - Permissible fees and charges.
The utility may adopt fees and charges which may include, but need not be limited to, the
following:
(1) Fees for turning water on or off at the curb stop control valve;
…
Section 9. That Section 26-117 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-117. - Turn on/off fee.
The charge for turning the water service to a premises on or off at the curb stop control
valve shall be as prescribed in § 26-129.
Page 333
Item 15.
-6-
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Eric Potyondy
Page 334
Item 15.
Excerpt from DRAFT UNAPPROVED Minutes WATER COMMISSION
REGULAR MEETING
February 15, 2024, 5:30-7:30 p.m.
Hybrid in person at 222 LaPorte Ave and online via Zoom
02/15/2024 – Excerpt from D RAF T U napproved MINUTES Page 1
The Water Commission advises City Council regarding water, wastewater, and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and
public education, floodplain regulations, storm drainage, and development crite ria. Read
more at https://www.fcgov.com/cityclerk/boards/water.
ROLL CALL
Commissioners Present In Person: Paul Herman (Vice Chairperson), Kent Bruxvoort,
Tyler Eldridge, Rick Kahn, Jason Tarry
Commissioners Present via Zoom: John Primsky, Greg Steed
Commissioners Absent - Excused: Jordan Radin (Chairperson), James Bishop
Staff Members Present In Person: Jeremy Woolf, John Song, Michael Neale, Ralph
Campano, Ken Sampley, Jason Graham, Andrew Gingerich, Ingrid Decker
Staff Members Present via Zoom: Jen Dial, Donnie Dustin, Jill Oropeza, Tracy Oschner
Members of the Public: Robert Graves, James __, Rich __
7. NEW BUSINESS
b. Regular Items
i. Code Revision Regarding the Definition of a Curb Stop
Jeremy Woolf, Senior Director of Integrated Water Operations
Andrew Gingerich, Director of Water Field Operations
This is regarding the code revision of Chapter 26: Definition of “control
valve,” and replacement of the term “curb stop” with “control valve.”
Discussion Highlights
Commissioners clarified that the term’s confusion comes from the fact
that a control valve is not necessarily next to or near a curb. A
Commissioner commented on language surrounding the fire
suppression system and the necessary pressure required to meet the
code.
Commissioners supported the necessitated changes to clarify
language in the code.
This excerpt is from draft minutes that will be approved by the Water Commission on March 21,
2024.
Page 335
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Michael Neale, Water Resources Engineer
Jen Dial, Water Resources Division Manager
Donnie Dustin, Water Resources Engineer
SUBJECT
First Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery Charges for Use
of Water Available Under Fort Collins Utilities’ Raw Water Interests for 2024 Through March 2027.
EXECUTIVE SUMMARY
The purpose of this item is to obtain Council approval for the proposed formulas for calculating rental rates
and delivery charges for Fort Collins Utilities’ (Utilities) raw water supplies for the next three years, including
proposed rental rates and delivery charges for fully consumable water. The rates and charges would be
effective through March 2027. Setting the rates and charges via formula ensures Utilities can recoup the
ownership and administrative costs for rented supplies and provides planning certainty for the agricultural
rental community.
Proposed formulas for most supply sources remain consistent with those from the previous rental rate and
delivery charge ordinance (Ordinance No. 038, 2021). Staff is recommending an increase in the rental rate
and delivery charge for fully consumable water to be in line with market conditions for this type of water. In
addition, staff is recommending the rental rate for Water Supply and Storage Company supplies to be
130% of assessment versus the prior rate of assessment plus a flat administration fee. These are the only
changes to rental rates and delivery charge methods.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City is a shareholder in several local ditch and reservoir companies and holds allotment contracts for
the delivery of Colorado Big-Thompson (CBT) Project water. Utilities is responsible for most of these
supplies. The main use for raw water sources is the treatment and delivery of potable water for the Utilities’
ratepayers. In addition, there are delivery obligations under existing agreements to provide raw water
shares to certain homeowner’s associations (HOA’s), the Poudre School District (PSD), and other City
Departments. In wet and average years, there are surplus water supplies that can be rented first to other
City departments (if needed) and to agricultural users in respective irrigation company systems that Utilities’
holds shares in.
Page 336
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
This proposed ordinance defines the formulas and rates for annual water rentals and delivery agreements,
not the availability of surplus water. It is staff’s discretion to determine the availability of surplus water from
different sources on an annual basis. There are many variables which can impact this availability, including
snowpack in both the Poudre and Upper Colorado River basins, water quality in both river basins, available
water in storage, and infrastructure and maintenance considerations. In addition, potential drought
conditions or continued runoff impacts to water quality from the Cameron Peak and East Troublesome
fires, will be considered when determining surplus water for 2024 through March 2027.
There are two categories for pricing raw water, as in past years:
Category 1 – Raw Water Rental Rates
o Sets the price for surplus water for use by water users outside of the City organization.
o There are rental markets for many of Utilities’ surplus water sources. Principally, for Utilities’
supplies in North Poudre Irrigation Company and Water Supply and Storage Company.
o Typical customers are local agricultural producers, both large and small.
Category 2 – Raw Water Delivery Charges
o Sets the price for sources where Utilities has an on-going obligation to provide raw water for
irrigation or augmentation plans.
o Customers include specific HOAs, PSD, Fort Collins Parks Department, and Fort Collins Natural
Areas Department.
A formula-based approach to setting rental rates and delivery charges for Utilities’ raw water sources,
except for fully consumable sources, has been used since 2015. The formulas are a function of the annual
assessment for each ditch and reservoir company plus an administrative fee. Staff continues to receive
positive feedback from the rental community regarding this formula-based approach to rate setting.
Starting in 2018, this formula-based approach to setting rental rates and delivery charges for Utilities’ raw
water supplies has been updated every three years. This was a change from the historical practice of
having rates and charges approved for only one year at a time. This process change reduced the
administrative burden of the rental program and increased the planning certainty for the water rental
community. Staff is again recommending City Council adopt the proposed formulas for calculating rental
rates and delivery charges for Utilities’ raw water supplies for three years.
CATEGORY 1 - RAW WATER RENTAL RATES
Raw water rental sources include:
North Poudre Irrigation Company
Water Supply and Storage Company
Colorado-Big Thompson Project
Pleasant Valley and Lake Canal Company
Southside Ditches (Arthur Irrigation Company, Larimer County Canal No. 2 Irrigating Ditch Company,
New Mercer Ditch Company, and Warren Lake Reservoir Company)
Fully Consumable Sources
The recommended changes to the proposed formulas and fixed rates for raw water rentals from the 2021
approved ordinance (Ordinance No. 38, 2021) is for Fully Consumable Sources and Water Supply and
Storage Company water.
Page 337
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
North Poudre Irrigation Company (NPIC)
In wet and average years, Utilities can expect to have surplus NPIC water available for rent. Each NPIC
share has an agricultural (AG) component and a multiple use (MU) component. The volume of water for
each component varies annually and is set in April by the NPIC Board of Directors based on the company’s
water supply availability. Due to current legal constraints, the AG component can only be used for irrigation
purposes on land served by the NPIC system and is rented to shareholders under that system. The MU
portion of each NPIC share is available for Utilities’ use and is largely comprised of NPIC -owned CBT
water. When users in the NPIC system rent either AG or MU water, both components are delivered through
the system in the same manner. Therefore, for rentals made into the NPIC system, it is proposed both
types of water be rented at the same rate per acre-foot (ac-ft).
Rental Rate – Beginning in 2015, a formula was defined to set the raw water rental rate, incorporating the
NPIC assessment and share allocation to ensure the cost of the NPIC assessment was fully paid by the
renter. At that time, a $2.00 per acre-foot (ac-ft) administration fee was assessed as City Staff spent
considerable time receiving, billing, and tracking individual rentals. Starting in 2022, NPIC has administered
our rentals which has been very helpful to City Staff, and thus the fee is not included when NPIC administers
our rentals. This has been accomplished by the City renting water to NPIC by an agreement, and then
NPIC renting the water to shareholders. This same method is proposed for the 2024 – 2026 irrigation
seasons and is defined below. The calculated rate is rounded up to the nearest dollar and is defined by the
NPIC allocation made annually in mid-April. The rental rate will remain fixed until the assessment rate and
allocation are defined for the next irrigation season. If administration of the City’s NPIC rentals revert to
City Staff, a $2.00 per ac-ft fee will be added.
𝑀𝑃𝐼𝐶 𝑟𝑒𝑙𝑟𝑎𝑙 𝑟𝑎𝑟𝑒 ($
𝑎𝑐−𝑒𝑟)=𝑎𝑟𝑟𝑒𝑟𝑟𝑙𝑒𝑙𝑟 𝑟𝑎𝑟𝑒 ($)
𝑀𝑈 (𝑎𝑐−𝑒𝑟)+𝐴𝐺(𝑎𝑐−𝑒𝑟)
In some years there is a special class of NPIC water available for agricultural u sers for a very limited time
early in the growing season. This Early AG water has a limited rental market and thus warrants a
significantly lower rate. If Early AG water is available in the 2024 – 2026 irrigation seasons, Staff proposes
a rental rate of $15 per ac-ft to reflect its limited use.
Procedures – Whether it be Utilities or NPIC administering the rentals, if the total volume of rental requests
is greater than the available surplus water, a proportionate allocation method based on the requester’s
acreage will be used. This allocation method uses information provided by renters about their total land
holdings served under the NPIC system. These requesting acreages are then added together and divided
into the total volume of City-owned NPIC water available for rent in a given year. This ac-ft per acre ratio
is then applied to each of the requesters’ land holdings to determine the maximum amount of rental water
available for each requester. This allocation method was developed and has been used since 2008 at the
request of NPIC renters to provide some water to all requesters each year.
CBT through NPIC Multiple Use Component
Rental Rate – Utilities does not typically rent CBT water from its own allotment contracts with Northern
Water, but when available, Utilities can rent CBT water through its ownership of NPIC shares. Utilities
retains its NPIC MU water for potentially high summer demands and can rent it to NPIC system renters or
other (non-NPIC) renters later in the year if it was not needed.
For Utilities to rent CBT water from its NPIC shares to non-NPIC system users, the MU portion of the share
is transferred as CBT water into the Utilities’ CBT account. Northern Water institutes a transfer fee to the
water user or entity receiving the transfer if the user has a higher open-rate assessment than the transferor.
This is the case if NPIC MU water is transferred to Utilities’ or another municipal entity’s account.
Page 338
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
Staff recommends the rental rate of CBT water through NPIC shares be calculated as the NPIC rental rate
plus the cost of applicable Northern Water transfer fees, rounded up to the nearest dollar. See Attachment
3.
Procedures – Utilities will first meet the CBT delivery obligations to City departments and other entities
with delivery agreements. If Utilities deems there is surplus CBT water available, it will then be offered to
water users on ditches that run through town. These ditches, known collectively as the “Southside Ditches,”
comprise the Arthur, New Mercer, and Larimer No. 2 Ditches, and Warren Lake Reservoir. The Pleasant
Valley Lake and Canal Company (PVLC) is also included in this tier. Surplus CBT water will next be made
available to other Poudre Basin water users. Finally, in the event any surplus CBT water remains, it will be
offered to others within the entire Northern Water district.
Water Supply and Storage Company (WSSC)
WSSC shares can only be rented to water users under that system. WSSC shares come with both trans -
basin and a native component. Utilities generally uses the trans-basin component and rents the native
portion of its WSSC shares. In February of each year, Utilities staff determines how WSSC shares will be
used for the year in its WSSC Annual Operating Plan. In 2023, Utilities exercised an agreement with WSSC
to use Utilities’ shares to meet a CBT obligation with WSSC. This arrangement retained more CBT water
in Utilities’ account and the remaining WSSC shares were rented and administered by WSSC for a $250
administrative fee. Staff may pursue similar operations with WSSC in the future.
Rental Rate - Previously, the rental rate was set at assessment plus $1,000 administration fee. For the
next three irrigation seasons (2024-2026), Staff proposes a rate calculated as 130% of assessment. This
is a similar methodology to many of our other sources and is in line with the market rental rate. Utilities staff
administers WSSC water rentals and this rate will cover staff time costs. If the Utilities exercises its
agreement with WSSC as described above, then any remaining shares available for rental may be
administered by WSSC which would exclude the additional 30% over assessment as an administration fee.
Procedures – WSSC system users are to make rental requests through the online form on the City’s rental
website. Rental requests are accepted for a month-long period around February and March. There are
typically more requests than available supplies, so Utilities staff administer a lottery to determine recipients
and allocate available WSSC rental water.
Pleasant Valley and Lake Canal Company (PVLC) and the Southside Ditches
Rental Rates – The rental market for raw water from the Southside Ditches and PVLC is very limited ;
however, Utilities can occasionally rent surplus water from these systems. Staff recommends the rate for
these supplies be set at 120% of the assessment rate, rounded up to the nearest dollar, for each ditch
company.
Procedures – PVLC and Southside Ditch shares can only be rented to water users under each specific
system. As the market for these supplies is limited, availability of shares to rent will be determined by Staff
at the time the request is made.
Fully Consumable Sources
Utilities has occasional rental demand for fully consumable water to satisfy State requirements for
substitute water supply and augmentation plans. Historically, Utilities has only leased this type of water
under short-term arrangements of 1-year leases. Staff proposes setting the rental rate for these sources at
$800 per ac-ft for three years. Based on inquiries with entities renting and/or leasing water with similar
characteristics in Northern Colorado, this rate is well within market range for short term agreements for
augmentation water on the Cache la Poudre River.
Page 339
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
Procedures – Utilities Staff will monitor reusable sources and determine availability for rental at the time
the request is made.
CATEGORY 2 - RAW WATER DELIVERY CHARGES
Sources utilized for obligated raw water deliveries include:
1. Pleasant Valley and Lake Canal Company
2. Southside Ditches
3. Colorado-Big Thompson Project
4. Fully Consumable Sources
The only recommended change to the proposed formulas and fixed rates for raw water delivery charges
from the previous rental rate and delivery charge ordinance is for Fully Consumable Sources.
Pleasant Valley and Lake Canal Company (PVLC) and the Southside Ditches
This category sets charges for water delivered for use on City facilities, such as parks and golf courses, or
water delivered for use by other entities having met the Utilities’ raw water requirement. Non-City
organization entities with raw water delivery agreements are typically HOAs and the Poudre School District.
It is proposed the delivery charges be set at 110% of each ditch and reservoir company per share annual
assessment, rounded up to the nearest dollar to help offset administrative costs.
Colorado-Big Thompson Water (CBT)
If necessary, Utilities can deliver CBT water to Parks or other City departments, typically for irrigation
purposes. In those instances, Utilities utilizes its available supplies through its allotment contracts with
Northern Water. Staff recommends setting the rate for delivery of this CBT water equal to the Northern
Water assessment rate plus any applicable Northern Water transfer fees, rounded up to the nearest dollar.
Fully Consumable Sources
Utilities has a limited number of delivery obligations for fully consumable water where the Utilities’ raw water
requirement has been met. For these obligations it is proposed to charge a fee of $200 per ac-ft to help
offset operational and administrative costs.
CITY FINANCIAL IMPACTS
The rental rate methods set forth in this item ensure that rental payments cover the cost of owning such
rented supplies (assessments) plus the staff time to coordinate and administer the rentals. Revenue from
the rental and delivery of raw water has been $475,000, on average, over the last three years.
(Attachment 5)
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
On February 15, 2024, the Water Commission unanimously recommended Council adopt the proposed
formulas for calculating rental rates and delivery charges for Utilities’ raw water supplies.
PUBLIC OUTREACH
The City has conducted water rentals for several decades and eligible renters are generally aware of the
City’s rental practices. Staff has historically provided outreach to specific audiences with announcements
made at the NPIC and WSSC company annual meetings.
Page 340
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
The public is encouraged to check the status and availability of rental water from Utilities on the Raw Water
Rental Program website (https://fcgov.com/water-rental). If applicable, the site gives instructions on how
and when to make rental requests from available sources. Staff can be reached at a dedicated email
(waterrental@fcgov.com) for water rental inquiries.
ATTACHMENTS
1. Ordinance for Consideration
2. Water Assessment Rates as Set by the Ditch and Reservoir Companies
3. Proposed Rental Rate and Delivery Charge Formulas by Source
4. 2022 and 2023 and Proposed 2024 Raw W ater Rental Rates and Delivery Charges
5. Water Rentals and Assessments Summary
6. Draft Water Commission Minutes - February 15, 2024 (Excerpt)
7. Presentation
Page 341
Item 16.
-1-
ORDINANCE NO. 047, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING RENTAL RATES AND DELIVERY CHARGES
FOR USE OF WATER AVAILABLE UNDER FORT COLLINS UTILITIES’
RAW WATER INTERESTS FOR 2024 THROUGH MARCH 2027
A. The City holds title to or otherwise has ownership interests in various water
rights, water right decrees, shares in ditch and reservoir companies (“shares”), and
contractual rights to the delivery of water that are sources of supply of raw and untreated
water (together, “Raw Water Interests”), many of which pertain to Fort Collins Utilities
(“Utilities”).
B. The amount of water available under Utilities’ Raw Water Interests, at
certain times, may be greater than the immediate needs of Utilities and its ratepayers,
and is thus potentially available for use by persons outside of Utilities as a rental.
C. The City, through Utilities, has various agreements and understandings
pursuant to which Utilities allows persons outside the City and certain City depa rtments
to use water available under Utilities’ Raw Water Interests, provided that a charge for the
delivery of such water is paid.
D. Pursuant to Article XII, Section 4 of the City Charter, if at any time the water
supply is greater than the immediate needs of the City and its inhabitants, the City Council
may authorize the City Manager to permit the use of such surplus water by consumers
outside the City at such rates as the City Council may prescribe, provided that no vested
right shall accrue under such permits.
E. Pursuant to Article XII, Section 6 of the City Charter, the City Council shall
by ordinance from time to time fix, establish, maintain, and provide for the collection of
such rates, fees, or charges for water furnished by the City as will produce revenues
sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair
and working order and to provide and maintain an adequate working capital fund for the
day-to-day business operations of the utilities.
F. On February 15, 2024, Utilities staff presented recommendations for rental
rates and delivery charges for the use of water available under Utilities’ Raw Water
Interests for a period of approximately three years, through March 2027, to the Water
Commission, and the Water Commission recommended City Council approve the rates
and charges as recommended by staff.
G. City Council finds that the rental rates and delivery charges set forth herein
are appropriate and will provide revenues that offset the cost of operation and
maintenance of Utilities’ Raw Water Interests and associated infrastructures and to keep
the City’s utilities in good repair and working order, and to provide and maintain an
adequate working capital fund for the day-to-day business operations of the utilities.
Page 342
Item 16.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Manager and the Utilities Executive Director are authorized
to make water available under Utilities Raw Water Interests available for use by persons
outside of the City and certain City departments, provided that:
such rentals shall not exceed one year in duration;
such water can be rented or delivered without adversely affecting the City or
Utilities and its ratepayers;
no vested right shall accrue under such use;
the appropriate rental rate or delivery charge set forth herein is applied, which
may be adjusted as the City Manager or the Utilities Executive Director
determine necessary to reflect the remaining yield for the prevalent market
price of the water or shares being rented in order to prevent undue economic
loss to the City; and
the final price may be rounded up to the nearest dollar.
Section 2. The City Manager and the Utilities Executive Director are authorized:
to impose on such rentals and deliveries such additional terms and conditions
as they deem appropriate to protect the interests of the City an d Utilities in and
to Utilities’ Raw Water Interests; and
to deny any request for a rental or delivery, to the extent allowed by law, as
they deem appropriate to further the interests, policies, and values of the City.
Section 3. All previous authorizations to make water available under Utilities’
Raw Water Interests are repealed in their entirety.
Section 4. The rental rates set forth in the table below are hereby approved as
the City’s rental rates for 2024 through March 2027 for Utilities’ Raw Water Interests,
provided that the rental rate for fully consumable water shall apply through March 202 7.
RATES FOR RENTALS OF SURPLUS RAW WATER
Type of Water Rate Per Acre Foot
Arthur Irrigation Company 120% of Annual Assessment
Colorado-Big Thompson Water from the
Northern Colorado Water Conservancy
District (Northern) associated with Shares
in the North Poudre Irrigation Company
Rental Rate for North Poudre Irrigation
Company (Seasonal Agricultural and
Multiple Use Water) + any Northern
transfer fees calculated at the time of
transfer
Larimer County Canal No. 2 Irrigating
Company
120% of Annual Assessment
Page 343
Item 16.
-3-
New Mercer Ditch Company 120% of Annual Assessment
North Poudre Irrigation Company:
Early Agricultural Use Water
$15.00 per acre foot
North Poudre Irrigation Company:
Seasonal Agricultural and Multiple Use
Water
(Annual Assessment / (Sum of Allocation
of Seasonal Agricultural Use and Multiple
Use Water per share)) + $2.00 per acre
foot*
Pleasant Valley and Lake Canal Company 120% of Annual Assessment
Fully Consumable Sources $800.00 per acre foot
Sherwood Reservoir Company 120% of Annual Assessment
Sherwood Irrigation Company 120% of Annual Assessment
Warren Lake Reservoir Company 120% of Annual Assessment
Type of Water Rate Per Share
Water Supply and Storage Company 130% of Annual Assessment **
* The City Manager and the Utilities Executive Director may reduce this $2.00 per acre-
foot fee to reflect actual administrative burdens on Utilities staff.
** The City Manager and the Utilities Executive Director may reduce this fee to no less
than 100% of Annual Assessment to reflect actual administrative burdens on Utilities staff.
Section 5. The delivery charges set forth in the table below are hereby approved
as the City’s delivery charges for 2024 through March 2027 for Utilities’ Raw Water
Interests.
RAW WATER DELIVERY CHARGES
Type of Water Rate Per Share
Arthur Irrigation Company 110% of Annual Assessment
Colorado-Big Thompson Water from the
Northern Colorado Water Conservancy
District
Rental Rate for North Poudre Irrigation
Company (Seasonal Agricultural and
Multiple Use Water) + any Northern
transfer fees calculated at the time of
transfer
Larimer County Canal No. 2 Irrigating
Company
110% of Annual Assessment
New Mercer Ditch Company 110% of Annual Assessment
Pleasant Valley and Lake Canal Company 110% of Annual Assessment
Sherwood Reservoir Company 110% of Annual Assessment
Page 344
Item 16.
-4-
Sherwood Irrigation Company 110% of Annual Assessment
Warren Lake Reservoir Company 110% of Annual Assessment
Type of Water Rate Per Acre Foot
Fully Consumable Sources $200.00 per acre foot
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Eric Potyondy
Page 345
Item 16.
ATTACHMENT 2
Water Assessment Rates
Source 2021 2022 2023 2024
CBT (NCWCD, $/unit) $ 48 $ 49 $ 51 $ 54
North Poudre Irrigation Co. ($/sh) $ 180 $ 180 $ 180 $ 180
Water Supply & Storage Co. ($/sh) $ 3,000 $ 3,750 $ 3,250 $ 3,400
Arthur Irrigation Co. ($/sh) $ 67 $ 74 $ 75 $ 80
Larimer County Canal #2 ($/sh) $ 1,100 $ 1,100 $ 1,100 $ 1,200
New Mercer ($/sh) $ 1,300 $ 1,600 $ 1,600 $ 1,750
Pleasant Valley & lake Canal ($/sh) $ 605 $ 670 $ 737 $ 884
Warren Lake ($/sh) $ 550 $ 550 $ 550 $ 575
Sherwood Reservoir ($/sh) $ 85 $ 85 $ 78 $ 80
Sherwood Irrigation Co. ($/sh) $ 2,750 $ 2,850 $ 2,650 $ 3,000
Page 346
Item 16.
ATTACHMENT 3
Proposed Rental Rates and Delivery Charge Formulas by Source
Notes:
(1) Rental rates may be adjusted to reflect the remaining yield, or the prevalent market price of the
water stock being rented.
(2) The April allocation will be used to set the NPIC AG/MU rental rate. Although it is anticipated that
NPIC will administer renting the City’s NPIC water, a $2.00 per acre-foot administration fee would
be applied to the NPIC rental rate if City Staff administers the rentals.
(3) If WSSC administers the City’s WSSC share rental, then the WSSC rate would change to 100% of
annual assessment minus any WSSC administration fee charged to the City.
(4) Proposed changes in bold.
Page 347
Item 16.
ATTACHMENT 4
Water Rental Rates and Delivery Charges
Surplus Water Rental Rates 2022 2023 2024
NPIC - Early AG ($/ac-ft) $ 15.00 $ 15.00 $ 15.00
NPIC - AG or MU ($/ac-ft) $ 45.00 $ 45.00 $ 45.00
Transfer Fee - NPIC CBT to City ($/ac-ft) $ 68.00 $ 71.00 $ 75.00
CBT ($/AF) $ 113.00 $ 116.00 $ 120.00
Water Supply & Storage Co. ($/sh) $ 4,750.00 $ 4,250.00 $ 4,420.00
Fully Consumable Sources ($/ac-ft) $ 600.00 $ 600.00 $ 800.00
Arthur Irrigation Co. ($/sh) $ 89.00 $ 90.00 $ 96.00
Larimer County Canal #2 ($/sh) $ 1,320.00 $ 1,320.00 $ 1,440.00
New Mercer ($/sh) $ 1,920.00 $ 1,920.00 $ 2,100.00
Pleasant Valley and Lake Canal ($/sh) $ 805.00 $ 885.00 $ 1,061.00
Warren Lake ($/sh) $ 660.00 $ 660.00 $ 690.00
Sherwood Reservoir ($/sh) $ 102.00 $ 94.00 $ 96.00
Sherwood Irrigation ($/sh) $ 3,420.00 $ 3,180.00 $ 3,600.00
Raw Water Delivery Charges 2022 2023 2024
CBT ($/ac-ft) $ 113.00 $ 116.00 $ 120.00
Arthur ($/sh) $ 82.00 $ 83.00 $ 88.00
Larimer #2 ($/sh) $ 1,210.00 $ 1,210.00 $ 1,320.00
New Mercer ($/sh) $ 1,760.00 $ 1,760.00 $ 1,925.00
PVLC ($/sh) $ 738.00 $ 811.00 $ 973.00
Warren Lake ($/sh) $ 605.00 $ 605.00 $ 633.00
Sherwood Reservoir ($/sh) $ 94.00 $ 86.00 $ 88.00
Sherwood Irrigation $ 3,135.00 $ 2,915.00 $ 3,300.00
Fully Consumable ($/ac-ft) $ 200.00 $ 200.00 $ 200.00
Notes:
1. Rates may be adjusted to reflect the remaining yield, or the prevalent market price of the water
stock being rented.
2. Charges for those who have satisfied the City’s raw water requirements are set at 110% of the
assessments charged by that company.
3. The transfer fee charged on CBT rentals will be based on the quota at the time of the transfer.
4. Rates and charges are rounded up to the nearest dollar.
Page 348
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
ATTACHMENT 5
Water Rentals and Assessments Summary
Water Source 2021 2022 2023
Northern (CBT)
Assessments Paid $849,528 $828,257 $848,471
Rental Revenue $3,069 $12,888 $1,240
Ac-ft Rented 28 118 7
North Poudre Irrigation Co.
Assessments Paid $641,475 $642,195 $642,195
Rental Revenue $320,172 $256,380 $340,273
Ac-ft Rented 7,637 5,361 7,578
Water Supply & Storage Co.
Assessments Paid $80,001 $100,001 $86,668
Rental Revenue $85,000 $100,938 $4,625
Ac-ft Rented 1,700 1,700 120
Pleasant Valley & Lake Canal Co.
Assessments Paid $102,038 $113,001 $124,301
Rental Revenue $266 $295 $324
Ac-ft Rented 16 16 16
Others
Assessments Paid $303,753 $329,324 $329,366
Rental Revenue $103,841 $100,047 $96,002
Ac-ft Rented 873 791 785
Total
Assessments Paid $1,976,795 $2,012,778 $2,031,001
Rental Revenue $512,349 $470,548 $442,465
Ac-ft Rented 10,253 7,985 8,507
Page 349
Item 16.
Excerpt from DRAFT UNAPPROVED Minutes WATER COMMISSION
REGULAR MEETING
February 15, 2024, 5:30-7:30 p.m.
Hybrid in person at 222 LaPorte Ave and online via Zoom
02/15/2024 – Excerpt from D RAF T U napproved MINUTES Page 1
The Water Commission advises City Council regarding water, wastewater, and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and
public education, floodplain regulations, storm drainage, and development crite ria. Read
more at https://www.fcgov.com/cityclerk/boards/water.
ROLL CALL
Commissioners Present In Person: Paul Herman (Vice Chairperson), Kent Bruxvoort,
Tyler Eldridge, Rick Kahn, Jason Tarry
Commissioners Present via Zoom: John Primsky, Greg Steed
Commissioners Absent - Excused: Jordan Radin (Chairperson), James Bishop
Staff Members Present In Person: Jeremy Woolf, John Song, Michael Neale, Ralph
Campano, Ken Sampley, Jason Graham, Andrew Gingerich, Ingrid Decker
Staff Members Present via Zoom: Jen Dial, Donnie Dustin, Jill Oropeza, Tracy Oschner
Members of the Public: Robert Graves, James __, Rich __
7. NEW BUSINESS
b. Regular Items
i. Raw Water Rental Rates and Delivery Charges
Michael Neale, Water Resources Engineer
Staff sought Water Commission’s recommendation for approval ahead
of their presentation to Council in March, as the rates require Council
approval every 3 years. There will be a memo detailing the history and
process.
Discussion Highlights
A Commissioner inquired about the percentage of water rented
compared to the total water owned by the City, to which Mr. Neale
responded that it was less than ten percent. Commissioners discussed
topics such as the end use of rented water, about the dollar amounts
the City incurs from rental agreements, the difference between rental
and delivery charges, the amount of excess and the City’s ability to
rent, as well as expressing concerns regarding river health and
wondered about any plans for mechanisms in the agreements to keep
water in the river while still renting. A Commissioner commented that
raised rates may affect overall demands, to which Water Resources
Engineer Donnie Dustin responded that rental requests have always
Page 350
Item 16.
Excerpt from DRAFT UNAPPROVED Minutes WATER COMMISSION
REGULAR MEETING
02/15/2024 – Excerpt from D RAF T Unapproved MINUTES Page 2
exceeded the ability to meet the demands.
Commissioner Bruxvoort moved that the Water Commission
recommend City Council adopt the proposed formulas for calculating
rental rates and delivery charges for Fort Collins Utilities raw water
supplies, as well as the proposed rental rate and delivery charge for
fully consumable water for 2024 through March 2027.
Commissioner Tarry seconded the motion.
Vote on the Motion: it passed unanimously, 7-0
This excerpt is from draft minutes that will be approved by the Water Commission on March 21,
2024.
Page 351
Item 16.
1
Raw Water Rental Rates and Delivery Charges
Michael Neale, Water Resources Engineer
March 19, 2024
Page 352
Item 16.
Summary
•Seeking Council approval of methods for setting raw
water rental rates and delivery charges for 2024
through March 2027.
•Rate Formulas and 3-year Review Process:
•Used since 2015
•Recoup assessment & administrative costs
•Increases planning certainty
•Most formulas & factors staying the same.
•Proposed Changes this cycle:
•Rental of fully consumable (reusable) sources from
$600 to $800 per ac-ft.
•WSSC rental rate = 130%of assessment per share
•Prev: (Assessment * shares) + $1,000 admin
fee
•NPIC administration of rentals
2
Page 353
Item 16.
Raw Water: Two Categories 3
Category 1: Raw Water Rental Charges
•Rental Markets for Agriculture
•Surplus supply in our ditch company shares
•NPIC & WSSC
•Substitute Water Supply Plans (SWSPs)
•Rental to City Golf and Parks Depts.
Category 2: Delivery Agreement Charges
•Longstanding Agreements / Obligations
•Parks, Poudre School District, HOAs
•Substitute Water Supply Plans (SWSPs)
•Augmentation plans (e.g. NAD Kingfisher ponds)
•Augmentation Plans must be approved through a
decree of the water court.
•A substitute water supply plan may allow for
operation of the project until the water court
approves (decrees) the augmentation plan.
Page 354
Item 16.
4Fully Consumable Supplies
Year Rental Rate
($/acre-foot)
Delivery Charge
($/acre-foot)
Prior to 2018 $600 $120
2018 –2020 $400 $120
2021 –2023 $600 $120
Recommended Rates
2024-2026
$800 $200
•Fixed rate price (rental rate / delivery charge)
•Sources
•Michigan Ditch / Joe Wright Reservoir
•Rigden Reservoir
•Recommended rental rate increase in-line with market conditions
•Delivery through agreement –user met raw water requirement
Page 355
Item 16.
5Proposed Rental Rates & Delivery Charges
Page 356
Item 16.
6Annual Summaries
Water Source 2021 2022 2023
Northern (CBT)
Assessments Paid $849,528 $828,257 $848,471
Rental Revenue $3,069 $12,888 $1,240
Ac-ft Rented 28 118 7
North Poudre Irrigation Co.
Assessments Paid $641,475 $642,195 $642,195
Rental Revenue $320,172 $256,380 $340,273
Ac-ft Rented 7,637 5,361 7,578
Water Supply & Storage Co.
Assessments Paid $80,001 $100,001 $86,668
Rental Revenue $85,000 $100,938 $4,625
Ac-ft Rented 1,700 1,700 120
Pleasant Valley & Lake Canal Co.
Assessments Paid $102,038 $113,001 $124,301
Rental Revenue $266 $295 $324
Ac-ft Rented 16 16 16
Others
Assessments Paid $303,753 $329,324 $329,366
Rental Revenue $103,841 $100,047 $96,002
Ac-ft Rented 873 791 785
Total
Assessments Paid $1,976,795 $2,012,778 $2,031,001
Rental Revenue $512,349 $470,548 $442,465
Ac-ft Rented 10,253 7,985 8,507
Page 357
Item 16.
For Questions or Comments, Please Contact:
Michael Neale
mneale@fcgov.com
Page 358
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Aaron Ehle, Airport Planning & Development Specialist
SUBJECT
Items Relating to Water Service for the Northern Colorado Regional Airport’s New Terminal.
EXECUTIVE SUMMARY
A. Resolution 2024-029 Authorizing the Execution of an Intergovernmental Agreement Between the City
of Fort Collins, the City of Loveland and the Fort Collins-Loveland Water District for the Purchase of a
Water Tap for the New Terminal at the Northern Colorado Regional Airport.
B. First Reading of Ordinance No. 048, 2024 Authorizing the Conveyance of a Permanent Non-Exclusive
Domestic Waterline Easement on Property Jointly Owned by the City of Fort Collins and the City of
Loveland at the Northern Colorado Regional Airport for the New Airport Terminal Facility.
The purpose of Resolution A is to authorize the City Manager to execute an intergovernmental agreement
for the purchase of a water tap from the Fort Collins-Loveland Water District for water service at the
Airport’s new terminal. Ordinance B would authorize a conveyance of an easement to the water district to
allow for a water service line for the terminal. The easement is over a portion of the Northern Colorado
Regional Airport property, which is owned jointly by the City of Fort Collins and the City of Loveland.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport is a public facility jointly owned and operated by the Cities of Fort
Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement that formed the
Northern Colorado Regional Airport Commission, which delegated certain powers and authority to operate
and maintain the Airport. However, only the Cities Councils have the authority to grant easements as
permanent property rights at the Airport.
In connection with the construction of the new terminal, Fort Collins-Loveland Water District (“Water
District”) requires the City of Fort Collins, the City of Loveland, and the Water District execute a
Memorandum of Agreement for Purchase of Water Tap (“MOA”). Because the MOA is an agreement
between the Cities and the Water District, it is an intergovernmental agreement. The price for the water
tap is $586,088, which is based on the Water District allowing the Cities to take advantage of 2023 rates.
The dollar amount exceeds the threshold set by City Code Section 1-22 that would allow the City Manager
to sign the MOA, therefore, City Council approval is required. Section 1 -22 allows that intergovernmental
agreements may be approved by Council by either ordinance or resolution. A resolution is presented here
Page 359
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
to expedite execution of the MOA because the Water District is offering 2023 rates. The MOA presented
with the Resolution is the Water District’s form MOA as revised by the Cities’ attorneys. The parties continue
to work on mutually agreeable language.
Along with the MOA, the Water District requires that the Cities grant a permanent, non-exclusive easement
across Airport property to allow for the installation and maintenance of a water line to the terminal. The total
area of the associated water easement is 18,673 square feet. The Easement Agreement included with the
Ordinance is the Water District’s form easement as revised by the Cities’ attorneys. The parties continue
to work on mutually agreeable language.
Under City Code Section 23-111, the Council may sell, convey, exchange, or otherwise dispose of any and
all interests in City-owned real property if the Council finds, by ordinance, that such sale or disposition is in
the best interests of the City. City Code Section 23-114 requires that any sale, lease or other conveyance
of property must be for an amount equal to or greater than the fair market value of such interest unless the
Council or City Manager, as applicable, determines that such sale or lease serves a bona fide public
purpose because:
(1) The use to which the property will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins;
The Airport is a public use facility jointly owned by Fort Collins and Loveland. The easement will allow
for public investment and development that will bring improvements to the Airport and the users it
serves.
(2) The use to which the property will be put supports one (1) or more of the City Council’s goals, adopted
policies, projects or plans;
The easement will allow for public development of the site in alignment with the Airport Master Plan,
which was approved by City Council.
(3) The financial support provided by the City through the below-market disposition of the property will be
leveraged with other funding or assistance;
The City would benefit from granting the easement because doing so will allow the Water District to
install and maintain utility infrastructure necessary for the terminal project. In addition to federal grant
funding and Airport revenue being used for the terminal, both Cities individually contributed $1,000,000
towards the project.
(4) The sale or lease will not result in any direct financial benefit to any private person or entity, except to
the extent such benefit is only an incidental consequence and is not substantial relative to the public
purpose being served; and
The easement will simply allow the Water District to provide service to the new public terminal. The
Airport and two Cities benefit from utilities running to the public terminal, which add value to the Airport.
(5) Selling or leasing the property for less than fair market rent will not interfere with current City projects
or work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
Authorizing the conveyance of the easement will not interfere with City projects or work programs,
workload schedules, or resources needed for primary City functions or responsibilities.
As the conveyance of the easement meets the above criteria, Airport staff and the Airport Commission
recommend approval because the easement allow for the Water Districts to install and maintain the water
Page 360
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
infrastructure required to serve the new public facility. The new terminal is in alignment with the Airport
Master Plan, which has been approved by Council.
CITY FINANCIAL IMPACTS
The MOA authorizes the Cities to purchase a water tap from the Water District for $586,088. This cost has
been budgeted for as part of the terminal project. There are no material financial impacts to the City.
The cost of the legal description and exhibit for the easement is $500, to be paid from the terminal project
budget. There are no material financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Northern Colorado Regional Airport Commission and the City Councils of Fort Collins and Loveland
have approved the 2020 Airport Master Plan, which prominently features plans for the new terminal facility.
The Fort Collins and Loveland City Councils have each appropriated $1.0 million in support of the new
terminal.
The Airport Commission unanimously voted at its January 18, 2024, meeting to recommend the City
Council approve the MOA and easements.
PUBLIC OUTREACH
The development of the 2020 Airport Master Plan, which took more than two years to complete, included
numerous public meetings and significant outreach by the Airport, far exceeding what is recommended by
the Federal Aviation Administration (FAA).
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution (Memorandum of Agreement)
3. Ordinance for Consideration
4. Exhibit A to Ordinance (Water Easement Agreement)
Page 361
Item 17.
-1-
RESOLUTION 2024-029
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE CITY OF
LOVELAND, AND THE FORT COLLINS-LOVELAND WATER DISTRICT
FOR THE PURCHASE OF A WATER TAP FOR THE NEW TERMINAL
AT THE NORTHERN COLORADO REGIONAL AIRPORT
A. The Cities of Loveland and Fort Collins (collectively, the “Cities,” and
“Loveland” or “Fort Collins” individually) jointly own and operate the public airport known
as the Northern Colorado Regional Airport (the “Airport”) pursuant to an Amended and
Restated Intergovernmental Agreement for the Joint Operation of the Airport entered into
on January 22, 2015, and amended on June 7, 2016.
B. The ongoing construction of the Airport’s new terminal facility project
requires that a water tap be installed to provide water service to the terminal.
C. The Fort Collins-Loveland Water District (the “District”) will provide water
service to the terminal and has offered to sell the water tap to the Cities for $586,088,
which amount is based upon the District’s willingness to offer the water tap to the Cities
at 2023 rates.
D. The District requires the Cities to execute a Memorandum of Agreement for
Purchase of Water Tap (“MOA”), in substantially the form attached hereto as Exhibit “A”
and incorporated herein, and which is an intergovernmental agreement that sets forth the
terms and conditions for the purchase of the water tap.
E. City Code Section 1-22 authorizes City Council to approve the execution of
intergovernmental agreements by ordinance or resolution.
F. The City Council desires to authorize the City Manager, in consultation with
the City Attorney, to execute the MOA on behalf of Fort Collins in substantially similar
form to “Exhibit A.”
G. The MOA will allow the Cities to acquire from the District the water tap that
is necessary for water service to the Airport’s new terminal, which is in the best interests
of the City and beneficial to the users of the Airport and the northern Colorado region at
large.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT that the City Manager is hereby authorized, following consultation with the City
Attorney, to execute the MOA in substantially similar form to “Exhibit A” subject to
modifications as deemed necessary to protect the interests of the City of Fort Collins or
to effectuate the purposes of this Resolution.
Page 362
Item 17.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Ryan Malarky
Page 363
Item 17.
Account No. 2510031
FORT COLLINS-LOVELAND WATER DISTRICT
MEMORANDUM OF AGREEMENT FOR PURCHASE OF WATER TAP
THIS AGREEMENT is made and entered into between the FORT COLLINS-LOVELAND WATER DISTRICT (hereinafter
“District”) by its Board of Directors through its designated manager, and the CITY OF LOVELAND, COLORADO, a municipal
corporation, with an address of 500 E. Third Street, Loveland, CO 80537, and the CITY OF FORT COLLINS, COLORADO, a
municipal corporation (collectively, “Grantor”), with an address of 300 Laporte Ave, Fort Collins, CO 80521 (hereinafter
“Purchaser”).
IN CONSIDERATION OF THE COVENANTS, PROMISES, TERMS AND CONDITIONS HEREINAFTER STATED, THE
PARTIES AGREE AS FOLLOWS:
1.Purchaser agrees to purchase and pay for one water tap from District. Purchaser agrees to pay the sum of $586,088.00 for
said tap, payable concurrently with the execution of this Agreement. Under no circumstances will any services be provided by the
District until full payment is made, nor shall any of the tap fees paid be refunded to the Purchaser. This tap cannot be transferred from
one lot to another, unless the transfer is made within the same District -approved subdivision for which it was originally purchased.
2.Purchaser agrees to pay all assessments and service charges as may be established and modified by the District from time to
time. In the event the purchaser fails to pay such assessments and charges upon demand, the District shall then immediately terminate
service, assess penalties, and assert its lien rights, to the extent legally permissible, and any other remedies available to it pursuant to
its Rules and Regulations and to the laws of the State of Colorado.
3.In the event that the above described real property is conveyed or transferred to an individual or entity by the Customer, su ch
water tap shall be deemed transferred with the real property whether such conveyance or transfer is the result of a voluntary or
involuntary transfer, including judicial order or decree, public trustee’s sale, sheriff’s sale, treasurer’s sale, or otherwi se. Upon any
such transfer of the real property, the District may recognize such transferee as the “owner of said water tap” witho ut having first
obtained an assignment of water tap executed by the Customer to the new owner. In no event may the Customer retain ownership of
said tap upon the voluntary or involuntary transfer of the property.
4.The legal description for the real property for which this tap is being purchased is as follows: (Attach separate exhibit for
description if necessary).
N/A - 25081 Barnstorm
Street Address: 4831 Earhart Road
5.Purchaser agrees to execute and deliver such easement or Easement Agreements as are needed by the District for the purpose of
constructing and maintaining water lines across any of the real property of the Purchaser. Such easements shall be executed and delivered
by separate legal document and in compliance with requirements established by each City’s City Code and other applicable law, at the sole
expense of Purchaser, and such expenses shall include, but not be limited to, survey expenses, , and recording expenses.
6.Pursuant to the terms of this Agreement, Purchaser shall have the right to tap into the District’s line at a point designated by the
District. Tapping procedures shall be in accordance with the District’s specifications, and shall be under the control and supervision
of the District or its representative. The costs of tapping, including the connection, the tap and service line, and all other expenses
thereof, shall be paid by Purchaser. Purchaser agrees to pay all expenses for any line extension (s) from the District’s main line to the
connection of the premises of the Purchaser.
7.Purchaser agrees to pay to the District a monthly service charge for the use of the District’s treatment and distribution system.
The District expressly reserves the right to increase or decrease the monthly rate assessed at any time upon reasonable notic e to its
users.
8.The District reserves the right, through its representatives, to inspect and approve all lines connecting Purchaser’s premise s to
the District’s system. The Purchaser shall comply with the District’s Rules and Regulations, as modified from time to time, and with
District’s construction specifications before and after Purchaser’s connection to the District’s system. In the event the District incurs
expenses for labor or materials for repair and maintenance of Purchaser’s line and connection with District’s water system, Purchaser
shall be liable for payment for costs incurred by the District for such labor and/or materials, provided such repair and maintenance is
required through no fault of the District.
9.Appropriation. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the City of Loveland, it
shall be subject to annual appropriation pursuant to the City of Loveland Municipal Charter Section 11 -6 and Article X, Section 20 of
the Colorado Constitution. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial
obligation of the City of Fort Collins, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b)
of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The Cities shall have no obligation
to continue this Agreement in any fiscal year in which no such appropriation is made .
10.Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied,
of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provision s of the Colorado
Governmental Immunity Act, C.R.S. § 24 -10-101 et seq. and under any other applicable law.
Signed this day of 20
FORT COLLINS-LOVELAND WATER DISTRICT
EXHIBIT A TO RESOLUTION 2024-029
Page 364
Item 17.
By:
Controller Amanda Proctor
Payment $586,088.00
Purchaser:
City of Loveland, Colorado City of Fort Collins, Colorado
A Municipal Corporation A Municipal Corporation
By: By:
Rod Wensing, Acting City Manager Kelly DiMartino, City Manager
ATTEST: ATTEST:
Delynn Coldiron City Clerk Date Date
APPROVE AS TO FORM:
Interim City Clerk
APPROVE AS TO FORM:
Senior Assistant City Attorney Assistant City Attorney
EXHIBIT A TO RESOLUTION 2024-029
Page 365
Item 17.
-1-
ORDINANCE NO. 048, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-
EXCLUSIVE DOMESTIC WATERLINE EASEMENT ON PROPERTY
JOINTLY OWNED BY THE CITY OF FORT COLLINS AND THE CITY
OF LOVELAND AT THE NORTHERN COLORADO REGIONAL
AIRPORT FOR THE NEW AIRPORT TERMINAL FACILITY
A. The City of Fort Collins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property in Loveland (the “Property”) known as the
Northern Colorado Regional Airport (the “Airport”).
B. The Cities currently operate and maintain the Airport pursuant to that certain
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort
Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”).
C. In connection with the ongoing construction of the new airport terminal
facility, the Fort Collins-Loveland Water District (the “District”) has requested a
permanent, non-exclusive easement for installation of one or more domestic waterlines
for transmission and distribution of domestic water to serve the terminal (the “Easement”)
over and across that portion of the Airport property legally descr ibed and depicted in the
Easement Agreement, attached hereto and incorporated herein by this reference as
Exhibit “A.”
D. The Cities desire to grant the Easement on the terms and conditions as
substantially set forth in the Easement Agreement, which includes that the District will not
pay a specific purchase price for the easement but will instead provide water service
necessary for the terminal.
E. City Code Section 23-111(a) authorizes the City Council to sell, convey, or
otherwise dispose of any interest in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interest
of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the City’s conveyance of the
Easement subject to terms and conditions substantially set forth in the Easement
Agreement for less than fair market value serves a bona fide public purpose and is in the
best interests of the City as required by City Code Section 23-114 because:
a. The use to which the Easement will be put promotes health, safety or general
welfare and benefits a significant segment of the citizens of Fort Collins by
facilitating public investment in and improvement of the Airport and the users it
Page 366
Item 17.
-2-
serves, and will allow domestic water service for the new public terminal facility
currently being constructed;
b. The use to which the Easement will be put supports one (1) or more of the City
Council’s goals, adopted policies, projects or plans, including the Airport Master
Plan, which was approved by Council;
c. The financial support provided by the City through the below-market disposition
of the Easement will be leveraged with other funding or assistance enabling the
construction and operation of the new terminal facility, which the City ha s
partnered with the City of Loveland to complete;
d. The sale or lease will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental
consequence and is not substantial relative to the public purpose being served
because it will enable development of the new public terminal facility for the
benefit of the Cities and the greater public; and
e. Granting the Easement for less than fair market value will not interfere with
current City projects or work programs, hinder workload schedules, or divert
resources for primary City functions or responsibilities and will ultimately benefit
the Airport and the Cities.
Section 2. The City Council hereby authorizes the Mayor to execute the
Easement Agreement substantially in the form attached hereto as Exhibit “A” with such
modifications or additional terms and conditions as the City Manager, in consultation with
the City Attorney, determines are necessary or appropriate to protect the interests of the
City of Fort Collins or to effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on March 19, 2024, and approved
on second reading for final passage on the April 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: April 12, 2024
Approving Attorney: Ryan Malarky
Page 367
Item 17.
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of the _____ day of __________, 20__, by and between the
CITY OF LOVELAND, COLORADO, a municipal corporation, with an address of 500 E. Third Street, Loveland, CO
80537, and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, with an address of 300 Laporte Ave,
Fort Collins, CO 80521, hereinafter referred to jointly as “the Grantors” and Fort Collins-Loveland Water District, a
Political Subdivision of the State of Colorado, hereinafter referred to as “the District”. This Grant of Utility Easement
is effective as of the date of the City’s Official Acceptance in the City’s signature block below
WHEREAS, the Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”)
located in Loveland, Colorado on a parcel of property legally described below; and
WHEREAS, the District desires to install, and obtain an easement for, a waterline necessary to serve the
Airport’s terminal facility that is under construction as of the date of this Agreement.
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained and other good and valuable
consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantors have granted and
conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non-
exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one
(1) or more domestic waterlines for the transmission and distribution of domestic water, and all underground and surface
appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon:
A __20___ foot easement, the centerline of which is described in the attached Easement Exhibit.
The parties hereto acknowledge that said easement (hereinafter referred to as “the Easement”) is located on a
parcel of property owned by the Grantors legally described as follows and hereinafter referred to as “the Grantors’
Property”:
A parcel of land, being part Larimer County Parcel No. 8633006902, situate in the Southeast Quarter (SEl/4) of Section
Twenty-eight (28), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th
P.M.), City of Loveland, County of Larimer, State of Colorado
In addition to the foregoing grant of easement by the Grantors to the District, the Grantors further grant and
convey to the District the following rights and privileges:
A. The right to grade the Easement for the full width thereof in such manner as the District may
reasonably determine to be necessary or advisable. The District will coordinate with Airport staff to perform
such grading at a time that does not unduly interfere with Airport operations. For purposes of this Agreement,
“Airport staff” shall mean the individual(s) designated and authorized by Grantors to make the decisions and
take the actions described and directed herein. The District may rely on information and direction given by
Airport staff and shall have no obligation to verify if that particular individual has been duly authorized by the
Grantors to provide such information and/or direction.
B.Subject to Airport security requirements and prior written consent of Airport staff, which shall not
be unreasonably withheld, the right of ingress and egress in, to, through, over and across the Easement by means
of existing roads (whether public or private) located on the Grantors’ Property.
C. The right to grade, construct, maintain, and use any access roads upon the Grantors’ Property for
such purposes of initial construction and ongoing maintenance with prior written consent of the Airport staff in
the exercise of its right of ingress and egress to and from the Easement. For any construction or alteration on
the Easement or Grantors’ Property, the District will be required to complete and submit to the Federal Aviation
Administration a Form 760-1 “Notice of Proposed Construction or Alteration.”
D. To mark the location of the Easement with markers set in the ground provided that any such
markers remaining after the period of construction of the domestic waterline and appurtenances shall be placed
in locations which will minimize interference with any reasonable use of the Easement area by the Grantor.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 368
Item 17.
E. For all the District’s access needs, such access is subject to the prior written consent of Airport staff
pursuant to the Northern Colorado Regional Airport’s security requirements and other applicable laws, plans,
policies, and rules and regulations. It is the parties’ intent to provide the District as much reasonable access as
possible to the Easement while complying with the rules and regulations associated with operating the Airport.
F. All other rights necessary and incident to the full and complete use and enjoyment of the Easement
for the purposes herein granted.
G. Other public utilities such as sanitary sewer, storm sewer, gas, electric, and cable lines may be
installed in the Easement so long as they do not interfere with the District’s rights hereunder and meet he
District’s requirements for separation and crossing of utilities.
The Grantor hereby covenants and agrees to and with the District, its successors and assigns that:
A. Except as otherwise provided in this subparagraph A, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall not erect or place any permanent building,
structure, improvement, fence, tree, or other landscaping on the Easement, excluding the installation of
permanent paved surfaces, including but not limited to roadways and taxiways needed for Airport purposes. In
the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A,
the District shall have the right to require the Grantors to remove such prohibited obstacles from the Easement
and, in the event the Grantors fail to do so upon request, the District may remove such obstacles without any
liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantors, their heirs, personal
representatives, administrators, successors, and assigns shall have the right, without the consent of the District,
to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary
for the full use and enjoyment of the Property. The District shall be responsible at its sole cost and expense for
repair and replacement of any permanent paved surfaces and associated landscaping damaged or removed by
the District.
B. The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully
seized of the Easement and the Grantors’ Property, and that the Grantors have a good and lawful right to convey
the Easement to the District.
The District does hereby covenant and agree to and with the Grantors as follows:
A. The District shall not fence or otherwise enclose the easement, except during periods of
construction and repair.
B. All trenches and excavations made in the laying or repairing of the domestic waterline shall be
properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All
large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill
after normal settling of the soil so that the use and enjoyment of said Easement by the Grantors shall be suitable
for the purpose now used. The District will maintain the trench area and the domestic waterline at its sole cost
and expense.
C. The District may not use the Easement or any of Grantors’ Property for any purpose other than to
transport, serve and distribute potable water. If the Easement is used by the District for any purpose other than
stated herein, the Easement may be terminated at the Grantors’ sole discretion and all of the right, title and
interest of District (and District’s successors or assigns) in and to the Easement become null and void, and the
Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not
been executed, without the necessity for suit or re-entry and District shall remove improvements. No act or
omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of
this paragraph.
D. To the extent allowed by law, the District shall be liable for loss and damage which shall be caused
by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent
acts or omission of its agents or employees during the course of their employment on the Grantors’ Property.
To the extent allowed by law, District agrees to indemnify and hold harmless the Grantors, their officers,
employees, and agents, from and against all liability, claims, and demands on account of any injury, loss, or
damage arising out of or connected with District’s use of the Easement, if such injury, loss, or damage, or any
portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the District or any
officer, employee, agent, or contractor of the District, or any other person for whom the District is responsible.
The District shall notify Grantors and provide a copy of any and all written claims or demands within two
business days of receipt. The District’s indemnification obligation shall not be construed to extend to any injury,
loss, or damage caused by the negligent act or omission of the Grantors.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 369
Item 17.
Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then-
current email address for the addressee, or three days after being sent by certified mail, return receipt requested:
If to Grantors:
City of Fort Collins
Attn: City Manager
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins, CO 80521
City of Loveland
Attn: City Manager
500 E. Third Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street
Loveland, CO 80537
If to District:
District Engineer
Fort Collins-Loveland Water District
5150 Snead Drive
Fort Collins, CO 80525
It is mutually agreed between the parties hereto that:
A. Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District, the Grantors shall retain the right to use and enjoy the Easement.
B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives, successors, or assigns of the parties hereto.
C. Whenever used herein, the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
D. This Easement is and shall be subordinate to the provision of existing and future agreements
between the Grantors and the United States relative to the operation or maintenance of the Airport, the execution
of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds
for the benefit of the Airport. Airport staff shall give the District adequate written notice of any future
agreements that may impair any grant contained in this Agreement.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 370
Item 17.
E.This Agreement contains the entire agreement of the parties relating to the subject matter hereof
and, except as provided herein, may not be modified or amended except by written agreement of the parties. In
the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such
holding shall not invalidate or render unenforceable any other provision of this Easement. This Agreement shall
be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado.
F.This Agreement may be executed in separate counterparts, and the counterparts taken together shall
constitute the whole of this Agreement. Facsimile, scanned and other electronic signatures permitted by law,
for purposes of this Agreement, shall be deemed as original signatures.
G.The District shall at its sole expense record this Agreement in the real property records of the Clerk
and Recorder of Larimer County, Colorado.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 371
Item 17.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
GRANTORS:
City of Fort Collins, Colorado
A municipal corporation,
By:
ATTEST:
Date Interim City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
City of Loveland, Colorado
A municipal corporation,
By:
ATTEST:
City Clerk Date
APPROVED AS TO FORM:
Senior Assistant City Attorney
GRANTEE:
FORT COLLINS LOVELAND – WATER DISTRICT,
a quasi-municipal corporation and political subdivision of the State of
Colorado
By: ______________________________________
District Engineer
GRANTEE:
FORT COLLINS LOVELAND – WATER DISTRICT,
a Political Subdivision of the State of Colorado
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 372
Item 17.
By: ______________________________________
Chris Pletcher, General Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this __ day of _______________, 20__ by
_________________________________.
Witness my hand and official seal. My Commission Expires:
_____________________
Notary Public
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 373
Item 17.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 374
Item 17.
EXHIBIT A TO ORDINANCE NO. 048, 2024
Page 375
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
Denzel Maxwell, Assistant City Manager
Lockie Woods, Graduate Management Assistant
SUBJECT
Resolution 2024-030 Adopting the City of Fort Collins 2024 Strategic Plan.
EXECUTIVE SUMMARY
The purpose of this item is to formally adopt the 2024 Strategic Plan. The adopted plan will guide the 2025-
2026 Budgeting for Outcomes process. All adopted Council Priorities have been included in the 2024
Strategic Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City of Fort Collins Strategic Plan is an issues-based plan that sets strategic objectives for the next
five years. The Strategic Plan is updated every two years just prior to the Budgeting for Outcomes (BFO)
process. It will be the basis of the City’s budget and operational plans for 2025 and 2026 and will be used
to assess and rank budget offers for the 2025-26 Budget. The Strategic Plan is based on identification and
analysis of:
1) City Council priorities and inputs
2) Community feedback gathered through extensive outreach
3) Organizational inputs, including adopted plans, staff inputs, emerging trends and issues, and financial
information
This is the sixth biennial City Strategic Plan. After evaluation of the strategic planning process, staff
recognized the need for improvements, such as the reduction of duplication and a true focus on strategic
issues. Prior strategic plans were broadly focused and operational in nature, resulting in a lack of clear
guidance for staff, City Council, and the community on the City’s strategic priorities. This comprehensive
rewrite and focus on strategic issues offers clearer guidance on the key issues facing our City and
community while acknowledging the critical importance of daily City operations.
Page 376
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
City Council reviewed the plan at its February 27, 2024, work session and provided feedback to staff related
to the draft strategic objectives and bullets. Attached is a redline version depicting changes from the work
session based on the input from Councilmembers.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Community input for the Strategic Plan was gathered from a variety of sources. These include:
The statistically valid 2023 Community survey
Center for Public Deliberation Outcome events
Boards & Commissions input
The OurCity website
Social media
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Redline Strategic Objectives and Bullets
Page 377
Item 18.
-1-
RESOLUTION 2024-030
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY OF FORT COLLINS 2024 STRATEGIC PLAN
A. The City of Fort Collins 2024 Strategic Plan (the “2022 Strategic Plan”) was
developed after extensive public outreach, discussion and consideration of community
needs and priorities.
B. The 2024 Strategic Plan is based on such input from the community, input
from all departments across the City organization, and incorporates and integrates with
adopted City Council priorities.
C. Development of the 2024 Strategic Plan considered emerging needs and
priorities associated with the City’s Long Term Financial Plan, Strategic Risk Assessment
and Capital Improvement Plan.
D. The 2024 Strategic Plan is also linked to City Plan, department priorities
and needs to achieve adopted area Master Plans, emerging legislative issues, work force
trends, and other considerations.
E. The 2024 Strategic Plan reflects the City’s strategic objectives and priorities
in each of seven Key Outcomes over the next three to five years .
F. At its work session on February 27, 2024, City Council reviewed the 2024
Strategic Plan and provided input, which staff incorporated, and a final version of the 202 4
Strategic Plan reflecting the work session discussion is attached hereto as Exhibit “A” and
incorporated herein by this reference.
G. The 2024 Strategic Plan will serve as the basis of the City’s budget and
operational plan for 2025 and 2026 and will provide integral input into the City’s Budgeting
for Outcomes process currently underway to prepare the City’s 202 5-26 budget for
presentation to City Council.
H. The City Council has determined that it is in the best interests of the citizens
of the City of Fort Collins to formally adopt the 2024 Strategic Plan.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby approves and adopts the City of Fort Collins
2024 Strategic Plan attached hereto as Exhibit “A”.
Page 378
Item 18.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 379
Item 18.
2024 Strategic Plan EXHIBIT A TO RESOLUTION 2024-030
Introduction
The City of Fort Collins is a full-service municipal organization dedicated to providing
exceptional service for an exceptional community of 175,000 residents, 8,000 businesses, and
numerous institutional partners.
Incorporated in 1873 and located in Northern Colorado, Fort Collins is home to Colorado State
University (CSU), outstanding public school and healthcare systems, several large high-tech
employers and leading businesses in the craft brewing industry. Fort Collins offers exciting
recreational opportunities, unique cultural offerings and amenities, and is a regional center for
employment and commerce. Both the City organization and community at large are frequently
recognized for our quality of services and amenities, sustainable management practices, and a
forward-thinking, innovative culture.
The City is committed to thoughtful planning and to public participation in government;
community input is a vital component that helps shape the City’s Strategic Plan, comprehensive
plan (City Plan), biennial budget, and many individual plans, projects and initiatives. It is
important that the work we do as a representative local government reflects the values of the
community.
While City Plan articulates a long-term community vision and growth framework, the Strategic
Plan outlines short- and mid-term objectives, influences the City’s budgeting process, and
guides the implementation of the City’s full range of services, including public safety,
neighborhood quality, economic vitality, environmental services, parks and open spaces, utility
services, transit and transportation infrastructure, engineering and building services, and much
more.
The 2024 Strategic Plan outlines key objectives and strategies that link the City Plan vision with
the City’s organizational and operational priorities.
The strategic objectives are not listed in priority order, and it should not be
interpreted that a strategic objective early in the list is of a greater priority than one
later in the list.
Each strategic objective includes supplemental bullets that help to define and
provide context for the objective; they are intended to be representational but not
all-encompassing.
At the end of most outcome areas, you will find “Connections to related
objectives.” These are meant to highlight the linkages between different
objectives.
Page 380
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 2
SUMMARY OF STRATEGIC OBJECTIVES
High Performing Government (HPG)
HPG 1 – Provide an exceptional customer experience to the community and
increase the City’s effectiveness by simplifying processes and delivering modern
technologies.
HPG 2 – Build trust with our increasingly diverse community through meaningful
engagement and by providing timely access to accurate information.
HPG 3 – Deliver an exceptional employee experience by attracting, developing
and retaining diverse talent and fostering a culture of employee safety, belonging
and empowerment across the organization.
HPG 4 – Incorporate a management strategy for all new and existing City assets
that addresses deferred maintenance and accessibility.
Culture & Recreation (C&R)
C&R 1 – Make City arts, cultural and recreational programming more inclusive to
reflect the diversity of our community.
C&R 2 – Implement criteria and prioritization to manage assets and replace
equipment that will revitalize parks and recreational facilities, as the planned
buildout of the parks and trails system continues.
Economic Health (ECON)
ECON 1 – Foster diverse and attractive employment opportunities, remove
barriers to local businesses and bolster economic mobility by facilitating workforce
development that aligns businesses drivers with worker capability.
ECON 2 – Deliver City utility services in response to climate action objectives and
opportunities and targeted reliability and resiliency levels, and make significant
investments in utility infrastructure while communicating and mitigating cost
impacts to the community where possible.
Environmental Health (ENV)
ENV 1 – Implement the Our Climate Future Plan to advance the City's
greenhouse gas, energy and waste goals; reduce air pollution; and improve
community resilience.
ENV 2 – Sustain the health of the Cache la Poudre River and regional watersheds
while delivering a resilient, economically responsible and high-quality water supply
for all Fort Collins residents.
ENV 3 – Expand, restore and maintain the Natural Areas land portfolio to improve
habitat conditions across the community and ensure equitable access to nature.
Page 381
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 3
Neighborhood & Community Vitality (NCV)
NCV 1 – Increase housing supply, type, choice and affordability to address
inequities in housing so that everyone has healthy, stable housing they can afford.
NCV 2 – Support community partner efforts to address priority human service
issues like poverty and mental health, and to make homelessness rare, brief and
non-recurring.
NCV 3 – Identify and remove systemic barriers and advance equity so that
persons of all identities, including race, ethnicity, religion, sexual orientation,
gender identity, gender expression, age, mental and physical abilities, and
socioeconomic levels can access programs and services with ease and
experience equitable outcomes.
NCV 4 – Remove obstacles to build interconnected Neighborhood Centers to
accelerate progress toward our goal for everyone to have the daily goods and
services they need and want available within a 15-minute walk or bike ride from
their home.
Safe Community (SAFE)
SAFE 1 – Enhance overall community safety and foster increased trust in public
safety services and the municipal justice system through innovative service
delivery models.
SAFE 2 – Enhance safety and security on public and private property and protect
City infrastructure and sensitive data from emerging security threats.
Transportation & Mobility (T&M)
T&M 1 – Make significant progress toward the City’s Vision Zero goal to have no
serious injury or fatal crashes for people walking, biking, rolling or driving in Fort
Collins.
T&M 2 – Increase Transfort access and ridership by ensuring the City’s transit
services provide safe, reliable and convenient alternatives to driving.
T&M 3 – Transform the parking system to better align supply and demand and
incentivize sustainable outcomes in a place-based manner across the city.
Page 382
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 4
Outcomes and Strategic Objectives
High Performing Government (HPG)
For the City of Fort Collins, being a high-performing government means delivering exceptional
services to our community. The City accomplishes this through sound financial management,
public outreach and collaboration, creative and resourceful problem-solving, efficient project
management, and by attracting, retaining and developing remarkable talent. The foundations of
all these efforts are the City’s mission, vision and values, which guide staff every day in how to
do their work.
High performance begins with excellent customer service. Streamlining processes and
implementing new technologies will help ensure that customers can receive the service they
need quicker and easier than before. The City also places significant emphasis on transparency
and public engagement. The community should be well-informed about the City’s activities and
have meaningful opportunities to provide input that improves outcomes for all.
Of course, none of this is possible without the talented City staff who perform the work. A high-
performing government requires that its staff are safe, feel a strong sense of belonging and are
empowered to do meaningful work. The City must also take care of the tools, facilities and other
assets that are essential to providing exceptional service today, tomorrow and fifty years from
now. Strategies for replacing or renewing aging City assets are critical to maintaining high
performance.
The City strives for high performance in everything that it does. These HPG objectives address
overarching issues that impact the entire organization and serve as a foundation for meeting the
City’s remaining strategic objectives.
HPG 1 – Provide an exceptional customer experience to the community and increase the City’s
effectiveness by simplifying processes and delivering modern technologies.
Council Priority: Make Government More Accessible, Approachable and Fun
Council Priority: Modernize and Update the City Charter
Inconsistent and overly complicated City processes negatively impact the customer
experience.
Updates to the City’s website and other digital platforms provide an opportunity to
ensure that they are accessible to the entire community.
As our flexible work practices continue to adapt and evolve, the City is committed to
providing exceptional and reliable customer service.
HPG 2 – Build trust with our increasingly diverse community through meaningful engagement
and by providing timely access to accurate information.
Council Priority: Develop a Hughes Site Master Plan
The voices and perspectives of marginalized community members have been historically
underrepresented in the City’s public engagement efforts.
Page 383
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 5
The evolving media and communications landscape requires pursuing innovative
avenues of engaging with and informing our community.
Effective and meaningful public engagement includes listening and responding to input
and depends on establishing mutual understanding with those who choose to
participate.
Increasing voter turnout provides insight into the opinions of residents through the
democratic process.
HPG 3 – Deliver an exceptional employee experience by attracting, developing and retaining
diverse talent and fostering a culture of employee safety, belonging and empowerment across
the organization.
The City continues to face challenges with attracting and retaining talent in certain
sectors.
The region’s high cost of living increases pressure on competitive pay.
Developing a diverse talent pool and increasing representation in both the broader
workforce and at the management level remains a major focus.
The City’s efforts to simplify processes and deliver modern technologies will have
beneficial impacts on the employee experience.
HPG 4 – Incorporate a management strategy for all new and existing City assets that addresses
deferred maintenance and accessibility.
As the City’s assets age, renewal and replacement are critical to maintaining and
elevating service standards.
Developing and implementing an asset management strategy is fundamental to the long -
term sustainability of City services.
Successful and efficient asset management requires improved coordination among City
departments on capital projects.
New funding provides an opportunity to perform necessary maintenance and replace
deteriorating assets.
Renewing the ¼-cent street maintenance tax will help maintain the high quality of the
City’s transportation network.
Asset management includes preserving and maintaining a safe, healthy and resilient
urban canopy.
Page 384
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 6
Culture & Recreation (C&R)
Cultural and recreational opportunities are elemental to Fort Collins’ community identity and
help create a desirable community where people can live and play. Residents consistently place
a high value on these programs and services, believing the City should continue its strong
investment in these amenities. The City’s park and trail systems are highly valued and heavily
used. The planned buildout of the trail system is a high priority for residents and will create
further connectivity across Fort Collins and throughout Northern Colorado. Additionally, the City
believes that connecting residents to nature is fundamental to a high quality of life.
Cultural and recreational facilities and programming provide residents opportunities to lead
enriched and healthy lives and support overall community wellness. Arts and culture are
enjoyed by residents and visitors alike. Similarly, parks, trails and natural areas provide beautiful
public spaces that foster physical activity and create opportunities for creativity, reflection and
leisure. The quality of parks, trails and natural areas, as well as arts, culture and recreation
programs and opportunities create a sense of pride among residents, while also drawing visitors
and revenue into Fort Collins. Open space and access to nature are defining characteristics of
Fort Collins, supporting physical and mental health while strengthening the long-term resilience
of the region and its population.
C&R 1 – Make City arts, cultural and recreational programming more inclusive to reflect the
diversity of our community.
In the 2023 Community Survey, 63% of respondents reported the quality of arts and
cultural opportunities as good or very good, which is a recent increase, but below
historical averages.
Programming can be within City facilities, as well as throughout the community.
Artistic and cultural opportunities are essential to a vibrant and creative community;
engaged and equitable participation and inclusion in those opportunities are core
community values.
Effective communication strategies are necessary to help residents understand how to
learn about and access currently available programming.
Emerging trends and opportunities for all ages and abilities need to be considered as the
community evolves.
Consultation and collaboration with local and regional community organizations are a
key success factor to identifying gaps and opportunities.
The City maintains a strong commitment to enhancing access to nature.
C&R 2 – Implement criteria and prioritization to manage assets and replace equipment that will
revitalize parks and recreational facilities, as the planned buildout of the parks and trails system
continues.
Parks, trails, and cultural and recreation opportunities are highly valued and used by
residents.
Utilize new dedicated funding to make necessary improvements and updates to meet
design standards and maintain these as highly valued neighborhood amenities.
Aging parks should periodically undergo a redesign or comprehensive upgrade to
respond to new park standards and changing community expectations.
Page 385
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 7
Equipment replacement and overall asset management should include understanding
modern service expectations as the community evolves.
Connections with related objectives:
NCV 3 – Equitable access can be improved across cultural and recreational
facilities and programs, including natural areas.
SAFE 2 – Safety concerns have been rising across City facilities, parks, natural
areas and the paved trail system, as reflected in the 2023 Community Survey.
Page 386
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 8
Economic Health (ECON)
Fort Collins benefits from a resilient local economy with strong existing businesses and
industries combined with diverse and evolving job opportunities and business formation. We
strive to create programs and resources that enable the local economy to withstand and lessen
outside pressures, bounce back from downturns quickly, and potentially avoid the impact of
regional, national and global economic forces. We take pride in our thriving local businesses,
entrepreneurs and innovators who create wealth and opportunity retained in our community.
The economic health of a community impacts income, education, employment, community
safety, quality of life and social support. A strong, healthy economy means community members
have better access, choices and opportunities. Those are essential to our community’s social,
environmental and economic wellbeing. The ability for businesses and industries to start,
sustain and renew within Fort Collins creates long-term resiliency.
In late 2023 the City Council approved the 2023 Economic Health Strategic Plan. This ambitious
plan aims to redesign economic health on a triple bottom-line basis, develop a “both/and”
approach to Main Street businesses and Primary employers, support underserved/
underrepresented business owners, redefine the City’s role in supporting workforce
development, apply the City’s commitment to equity and inclusion to economic resilience, and
champion the global and local impact of innovation in industries like life sciences and climate
technology.
The City works collaboratively with local and regional partners to create an environment that
supports necessary conditions for economic vitality. Delivering efficient and transparent City
services coupled with strategic infrastructure investment supports economic resilience. The City
remains committed to continuously improving processes that impact our local businesses,
including the development review and permitting process and City utility services, including
Connexion broadband service.
ECON 1 – Foster diverse and attractive employment opportunities, remove barriers to local
businesses and bolster economic mobility by facilitating workforce development that aligns
businesses drivers with worker capability.
Council Priority: Pursue an Integrated, Intentional Approach to Economic Health
To support a better customer experience during business creation and mitigate
the rising regulatory cost of doing business in Fort Collins, the City can evaluate
removing barriers for business by streamlining processes and becoming less
siloed in its communication.
Life sciences, clean energy, biotech and other industries in close alignment with
City values and goals can be important drivers of innovation and contributors to
the local economy.
Collaboration with educational and institutional partners is needed to create and
execute a unified regional workforce and economic mobility opportunities.
Page 387
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 9
The Economic Health Strategic Plan establishes goals to increase business owner
demographic representation, increase five-year business survivability, add 1,800
jobs in targeted sectors and increase representation within those sectors.
Continuing to expand the City’s Connexion services while finding innovative ways
to leverage the network across Fort Collins and in the region can be a business
attraction tool.
ECON 2 – Deliver City utility services in response to climate action objectives and opportunities
and targeted reliability and resiliency levels and make significant investments in utility
infrastructure while communicating and mitigating cost impacts to the community where
possible.
Maintaining reliability is critical as PRPA implements its Integrated Resource Plan and
distributed energy resources are integrated into the electric grid.
Water storage capacity is needed to ensure water rights can be fully utilized to meet
future demand and drought resiliency needs.
The benefits of reliable infrastructure such as water distribution, wastewater
collection/treatment, and flood protection extend well beyond economic impact and have
ties to community safety and environmental health.
Connections with related objectives:
HPG 1 – Connexion’s customer experience is a critical success factor for
customer acquisition and retention and can both learn from other departments and
contribute to their learnings.
NCV 1 – The cost of housing, including utility services, is becoming a workforce
issue with many industries not able to keep pace with their compensation levels.
Page 388
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 10
Environmental Health (ENV)
Fort Collins prioritizes a healthy and sustainable environment. The City takes the lead in
innovative environmental programs, including watershed stewardship, water efficiency, urban
development with minimal impact, stormwater management, tree preservation and energy
policies. Other initiatives involve natural areas, river restoration, waste reduction, air quality,
climate action, sustainable purchasing, dark sky preservation, distributed energy resources and
high-performance buildings.
The City has set ambitious climate goals: an 80% reduction in carbon emissions by 2030 and
carbon neutrality by 2050. The Our Climate Future (OCF) Plan guides us toward a carbon-
neutral, zero-waste and 100% renewable electricity future while enhancing equity and
resilience. We're intensifying efforts to achieve these goals, including an 80% reduction in 2030
greenhouse gas emissions, providing 100% renewable electricity by 2030, and reaching zero
waste by 2030.
Given our semi-arid climate and the increasing impact of climate change on our watersheds, we
recognize the importance of resilience and adaptation. Fort Collins Utilities and other utility
districts are dedicated to protecting local watersheds and adhering to regulatory standards. The
City's Natural Areas Program continues to conserve natural areas and open lands. It prioritizes
stewardship, including habitat restoration and visitor experience. The focus is on local, foothills,
community separator and regional areas.
ENV 1 – Implement the Our Climate Future Plan to advance the City's greenhouse gas, energy
and waste goals; reduce air pollution; and improve community resilience.
Council Priority: Accelerate Zero Waste Infrastructure and Policies
Council Priority: Reduce Climate Pollution and Air Pollution Through Best Practices,
Emphasizing Electrification
Actively working together and building on existing partnerships with local, regional, state
and national affiliates is necessary to achieve desired Our Climate Future goals and
outcomes such as: decrease greenhouse gas emissions by 80% below 2005 baseline
levels by 2030; ensure 100% renewable electricity provision by 2030, utilizing both grid
and local sources; and attain zero waste, or achieve 100% landfill diversion, by 2030.
Engaging all parts of the community in solutions to increase accessibility and community
consciousness of recycling, xeriscaping and other environmental programs can raise
participation.
Implementing mode shifts advances the City's climate and Vision Zero goals by reducing
the number of vehicle miles traveled.
Accelerating building electrification aligns with the City's pursuit of clean energy sources
and lowering building energy consumption, which is responsible for more than two-thirds
of the community's emissions.
Page 389
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 11
ENV 2 – Sustain the health of the Cache la Poudre River and regional watersheds while
delivering a resilient, economically responsible and high-quality water supply for all Fort Collins
residents.
Council Priority: Protect Community Water Systems in an Integrated Way to Ensure
Resilient Water Resources and Healthy Watersheds
Collaborating with partners and attaining regional commitments to assess and support
river and watershed health is crucial for success.
Proactively managing the high costs of acquiring water rights and storing raw water
ensures the provision of an adequate and affordable water supply for everyone.
The Water Efficiency Plan and Water Shortage Action Plan guide strategies for water
demand management and water conservation.
The health of the river requires collecting wastewater and ensuring it is treated safely.
ENV 3 – Expand, restore and maintain the Natural Areas land portfolio to improve habitat
conditions across the community and ensure equitable access to nature.
Amidst escalating costs, the City must actively seek partnerships with local, regional and
national organizations to bolster land conservation and restoration efforts.
The City is challenged to maintain investments in restoration and built infrastructure to
fulfill stewardship responsibilities for the existing land portfolio amidst budget constraints
and changing environmental conditions.
Programs like Nature in the City can continue efforts to protect and expand naturalized
landscapes on City-owned properties and throughout the community.
Connections with related objectives:
NCV 3 – Expanding equitable access to nature requires removing systemic
barriers to enable individuals of all identities to enjoy access to natural amenities.
ECON 1 – Business partnerships and collaboration with educational and other
institutional partnerships are needed to advance the City’s ambitious climate
objectives.
ECON 2 – Reliable infrastructure for electricity, water, wastewater and flood
protection is critical to ensure community resiliency amidst a changing climate.
T&M 1 – Mode shifts and achieving many of the City goals outlined in the Our
Climate Future Plan will require increasing transit ridership.
Page 390
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 12
Neighborhood & Community Vitality (NCV)
In Fort Collins, neighborhood and community vitality means building strong communities that
foster a sense of belonging, connectedness and provide a supportive environment where
diversity is celebrated and everyone can thrive. Vibrant neighborhoods offer opportunities for
social interaction, collaboration, collective problem-solving, empowerment and ownership
among residents. Vibrant neighborhood centers attract investment and resources, leading to
improved infrastructure, amenities and economic opportunities for residents.
Housing affordability has been a priority in Fort Collins for decades and, as highlighted in City
Plan, is a key element of community vitality. As Fort Collins continues to grow, many are
struggling to afford stable, healthy housing within the city. Implementing the strategies of the
Housing Strategic Plan, adopted in 2021, will address high priority outcomes such as increasing
the overall housing supply, mix of housing type, preserving the affordable housing we have,
increasing housing stability and advancing toward equitable outcomes, especially for historically
excluded community members.
The concept of 15-minute cities emphasizes the importance of proximity and accessibility in
everyday living and urban design. In a 15-minute city, essential human services, amenities and
recreational opportunities are all within a short walking, cycling or riding distance from one's
home, promoting sustainability, community engagement and quality of life. Moreover, the 15-
minute city model promotes economic resilience by supporting local businesses and
entrepreneurs, as well as improving accessibility to job opportunities for residents of all socio-
economic backgrounds.
NCV 1 – Increase housing supply, type, choice and affordability to address inequities in housing
so that everyone has healthy, stable housing they can afford.
Council Priority: Operationalize City Resources to Build and Preserve Affordable
Housing
Fort Collins’ population is expected to grow to 250,000 by 2040, which will drive
significant need for housing units throughout the community. The Housing Strategic Plan
provides guidance on next steps.
Fort Collins is focused on enhancing the quality of life and sense of belonging in all
neighborhoods by connecting neighbors to each other and to City services, building
social equity, inclusion, and fostering harmonious relationships.
The challenge of keeping up with affordable housing options necessitates that the City
support efforts to preserve and enhance mobile home parks as a source of affordable
housing and to create a safe and equitable environment for residents.
The City continues to address the need for regulations and procedures to be clear and
predictable to ensure new development efficiently advances adopted City plans and
policies.
The City will need to advance development efforts in the Growth Management Area in
order to see a measurable increase in housing supply and type, and to meet the goal of
building 282 units per year to have 10% of all housing inventory as restricted affordable
housing by 2040.
Page 391
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 13
NCV 2 – Support community partner efforts to address priority human service issues like
poverty and mental health, and to make homelessness rare, brief and non-recurring.
Council Priority: Improve Human and Social Health for Vulnerable Populations
The social issues that partner agencies address are wide-ranging, complex and
systemic. A strategic, collaborative approach will ensure programmatic effectiveness and
efficiencies, add agency capacity, eliminate redundancy, and identify and better serve
disadvantaged areas and groups.
The City’s core role has been and continues to be strengthening partnerships, funding
programs and developing policy in coordination with community agencies that provide a
wide range of human services and homelessness services.
According to the Homeless Management Information System (HMIS) that is
administered by the Continuum of Care, as of January 2024, approximately 530
community members are experiencing chronic homelessness in Fort Collins. This
indicates that chronic homelessness declined about 16% in 2023. Despite this progress,
efforts need to be coordinated to address the myriad challenges that lead to
homelessness.
Continued innovative, collective efforts across agencies are needed to reduce incidents
of, and impacts from, disruptive and unwanted behaviors, working closely with the
community’s partner agencies to offer creative approaches that balance compassion and
consequences.
NCV 3 – Identify and remove systemic barriers and advance equity so that persons of all
identities, including race, ethnicity, religion, sexual orientation, gender identity, gender
expression, age, mental and physical abilities, and socioeconomic levels can access programs
and services with ease and experience equitable outcomes.
Council Priority: Improve Human and Social Health for Vulnerable Populations
Identifying and actively working to remove systemic barriers will help address the
historical root causes that have created generational inequities for vulnerable and
disadvantaged groups.
As the cost of living in Fort Collins increases, low- and moderate-income households are
struggling to afford necessities and participate in City programs and services.
Related to the high cost of living, increased and targeted outreach efforts and supportive
customer experiences are needed to assist community members in participating in
income-qualified services, improving accessibility to City and community programs for
low- and moderate-income households.
There is an increase in requests from community members eager to build a sense of
belonging for the City to commit resources to creating experiences that promote
inclusion and celebrate cultural diversity in the community.
As there are sections of the community that do not have access to digital equity
services, the City is developing methods to prioritize connectivity services to under-
resourced neighborhoods.
To advance equity for all and apply a data-informed approach to making policy, program
and service updates, City teams are growing their practice to systematically gather,
analyze and interpret qualitative and quantitative data, disaggregated by racial and
social identities and additional equity indicators, to identify barriers, decrease inequities
and increase access for all.
Page 392
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 14
NCV 4 – Remove obstacles to build interconnected Neighborhood Centers to accelerate
progress toward our goal for everyone to have daily goods and services available within a 15-
minute walk or bike ride from their home.
Council Priority: Advancing a 15-Minute City by Igniting our Neighborhood Centers
Innovative neighborhood outreach and engagement efforts that help gather data from a
diverse range of communities on needs, interests and expectations will be necessary for
teams to develop strategies and actions for implementing adopted plans.
Preparing to build 15-minute neighborhood centers, City teams will need to analyze
neighborhood-level geographic data to assess hyper-local needs. It is important to
understand population density and demographics; locations of essential amenities;
public spaces; and the quality, safety and accessibility of walking, biking and public
transit networks.
In developing 15-minute neighborhood centers, City planning initiatives will have the
opportunity to assess environmental health impacts such as how to increase walking
and biking mobility options, lower emissions and increase healthy opportunities for
residents through reduced air pollutants.
Building physical neighborhood connectivity will require the City to consider complex infill
and redevelopment projects that offer significant opportunity to contribute to vibrant
walkable and bikeable neighborhoods and centers.
According to the National League of Cities, “the goal of the 15-minute city is to provide
convenient and equitable access to necessities like healthcare, schools, grocery stores,
jobs, and greenspace.”
Connections with related objectives:
HPG 2 – Identifying and removing systemic barriers will require targeted
engagement with historically marginalized community members.
T&M 1 & T&M 2 – Ensuring community members have the amenities they need
and want within a 15-minute walk, bike, or transit ride requires creating safe road
conditions for all users and a robust public transit system.
Page 393
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 15
Safe Community (SAFE)
Fort Collins takes pride in its commitment to cultivating a secure and thriving community, a
place where individuals can seamlessly live, work and enjoy life. We are dedicated to creating a
community that prioritizes safety, resilience and inclusivity with a forward-thinking approach that
aligns with the aspirations of our community members.
The integration of cutting-edge technology is a cornerstone in the City's strategy, aimed at
elevating preventative measures, investigative techniques and communication channels. The
emphasis on cybersecurity underscores the City's dedication to safeguarding the digital
infrastructure and data of its residents.
The City places a premium on the immediate actions taken by entities such as Police Services
and Poudre Fire Authority, recognizing their substantial contribution to residents' perception of
safety and overall community wellbeing. A well-functioning Municipal Court and judicial system
are recognized as integral components in maintaining the high standards of safety expected in
our community.
Furthermore, the City prioritizes the development and maintenance of reliable infrastructure,
encompassing flood protection systems and water storage, treatment and distribution facilities.
Emergency preparedness is approached with a strategic lens, incorporating best management
practices and long-term planning to ensure the resilience of critical infrastructure.
Community education plays a vital role, covering diverse aspects such as community policing,
emergency prevention and preparedness, fire prevention and awareness, and regulatory
frameworks alongside strategic infrastructure investments. Collaboration with regional, state and
federal partners is a key component, fostering a comprehensive emergency management
system aimed at minimizing and effectively responding to emergency situations.
SAFE 1 – Enhance overall community safety and foster increased trust in public safety services
and the municipal justice system through innovative service delivery models.
Ongoing partnerships support key enforcement and education programs, such as mental
health, substance abuse prevention, detoxification, victim assistance, youth programs,
bike safety, county jail management, efforts to reduce repeat crimes, fire safety and
animal control.
A diverse community requires new communication strategies and non-traditional
partnerships to build trust and help residents understand available resources for safety.
Utilizing local, regional and federal resources is crucial to comprehensively address
safety issues.
As Fort Collins continues to grow, the City will need to innovate and adapt to meet
evolving community expectations for public safety services, including law enforcement,
fire and rescue, and comprehensive emergency communication and preparedness.
Innovative service delivery means coming up with new and clever ways to provide
services. Fresh ideas, smart strategies and new technology can help improve services
and customer satisfaction.
Page 394
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 16
SAFE 2 – Enhance safety and security on public and private property and protect City
infrastructure and sensitive data from emerging security threats.
The physical safety of residents in public spaces and on private property is paramount.
The City's reliance on evolving technology for core operations and service delivery
underscores the need for robust cybersecurity measures to safeguard City assets,
information and customer privacy. Cybersecurity involves cyber audits, awareness
training and digital access control.
The Community Survey indicates that fewer residents feel safe at parks and recreation
facilities than before the pandemic. The City is committed to enhancing the community’s
safety across public amenities to help ensure a secure and enjoyable environment for
residents.
Providing and maintaining reliable utility services and infrastructure directly preserves
and improves public health and community safety.
Connections with related objectives:
T&M 1 – Advancing the City’s Vision Zero goal will significantly enhance overall
community safety.
NCV 2 – Addressing human service needs across the city will improve the
community’s overall sense of safety.
Page 395
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 17
Transportation & Mobility (T&M)
The transportation system is a key component of nearly all aspects of the City of Fort Collins.
The system provides the connecting fabric among residences, employment, schools and
shopping. It is critical for economic success and commerce, interconnected with land use, and
impacts the City’s Our Climate Future and healthy living goals. It is also a key aspect of
advancing City priorities around access and equity. The success of a high-quality and well-
functioning multi-modal system is a community differentiator and reflected in quality-of-life
performance measures.
The Transportation Master Plan, approved by City Council in 2019, describes six core
components of a sustainable transportation network, all of which are intended to guide Fort
Collins toward realizing the overall transportation vision over 20 years. These components
provide a comprehensive framework for assessing current network conditions and inform where
Fort Collins can enhance its mobility programs and investments to achieve broader-reaching
outcomes. These components were closely evaluated and used to inform these strategic
objectives, focusing on near-term actions. The six core components are:
1. Transportation Infrastructure: Planning a physical transportation network that
supports multimodal travel.
2. Mobility & Travel Choices: Considering the role each transportation mode plays in
shaping the Fort Collins mobility network.
3. Health & Equity: Ensuring the transportation network plays a key role in advancing
social outcomes.
4. Innovation: Understanding emerging technologies and how new trends are
influencing the movement of goods and people.
5. Safety: Eliminating serious injuries and fatalities on Fort Collins’ roadways.
6. Sustainability & Resiliency: Shifting transportation away from creating harmful
environmental impacts toward being a resource for improving environmental
outcomes.
T&M 1 – Make significant progress toward the City’s Vision Zero goal to have no serious injury
or fatal crashes for people walking, biking, rolling or driving in Fort Collins.
Council Priority: Advance a 15-Minute City by Accelerating Our Shift to Active Modes
The City adopted a goal in 2016 to have no fatal or serious injury crashes within the
transportation network. This requires appropriate programs, policies, educational
resources and infrastructure improvements that work to reduce the overall number and
severity of crashes.
In 2023, City Council adopted the Active Modes Plans, which lays out the needed
investments to ensure that alternatives to driving—which include biking, walking and
rolling—are safe and accessible to all residents.
Page 396
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 18
In 2023, City Council also approved 10-year transportation capital project priorities that
identify the key corridor, intersection and crossing improvements, and other projects that
will directly work to increase the safety, efficiency and equitable operation of the
transportation network for all modes of travel.
Quality infrastructure that is in a good state of repair is necessary for the safe operation
of the transportation network. The City has relied on dedicated funding from the street
maintenance tax, due to expire in 2025, as a primary way to ensure a consistent street
quality standard.
Working closely with local schools is necessary to implement strategies that will ensure
safe routes to school and protect our student population.
Ensuring our transportation network is safe for everyone requires enforcing traffic and
other laws with targeted and innovative strategies in priority areas.
T&M 2 – Increase Transfort access and ridership by ensuring the City’s transit services provide
safe, reliable and convenient alternatives to driving.
The Transit Master Plan was updated in 2019, but the realities of operating a transit
agency have changed substantially since the COVID-19 pandemic; ridership still has not
returned to pre-pandemic numbers. The plan should be optimized to reflect post-
pandemic realities, including new strategies to achieve the transit vision while still
considering frequency and prioritizing key routes.
Fort Collins voters approved a new sales tax to support transit initiatives through 2050.
These resources will provide significant funding support toward some of the capital
projects needed to increase transit frequency and stabilize operations.
The Community Survey indicates that fewer residents always or usually feel safe on
Transfort than did before the pandemic. Increasing ridership will require ensuring that
transit is a safe transportation alternative.
Colorado State University students account for a critical portion of Transfort's ridership.
Continued partnership with the university and students will be critical to achieving
increases in ridership.
Achieving many of the City goals outlined in City Plan, Our Climate Future and the
Housing Strategic Plan will require increasing transit ridership.
T&M 3 – Transform the parking system to better align supply and demand and incentivize
sustainable outcomes in a place-based manner across the city.
A strategic approach to the City's parking system and requirements can help achieve
many other goals related to housing, climate and transportation. Incentivizing behaviors
to make progress in these spaces requires a context-specific approach based on a
number of factors including density, economic activity and availability of structured
parking.
In Downtown specifically, the existing parking model incentivizes additional vehicle trips
as the spaces that are ideal for longer-term parking (garages) cost more than the spaces
better suited for short stays (on-street). This results in a revenue model that is not
sustainable for the long-term maintenance of the parking structures or the Parking
Services team and increases congestion Downtown.
Successfully implementing transportation demand and targeted land use strategies can
reduce automotive congestion and the increasing need for associated parking across the
community.
In 2023, City Council supported advancing a workstream to look at new models for
pricing Downtown parking.
Page 397
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 19
Connections with related objectives:
HPG 4 – Asset Management is critical to the City providing a safe and reliable
transportation system for all modes of travel.
SAFE 2 – Safety concerns about using Transfort have been rising, as reflected in
the 2023 Community Survey.
Page 398
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 20
Appendix A – Performance Metrics
The City of Fort Collins is committed to being a data-informed organization.
Using quantifiable data and analysis, the City tracks and measures success in achieving the
Key Outcomes and Strategic Objectives defined in this plan. This includes establishing
appropriate targets for each metric, tracking the actual performance of each one over time, and
regularly reviewing and discussing the performance.
Community Dashboard
The City’s focus on tying metrics to specific outcomes began in 2013. Staff, working with City
Council, developed the Community Dashboard where each of the seven outcome areas has
four to seven performance metrics that track, at a high level, the City’s progress in achieving the
desired outcome. Every measure on the dashboard is measured against a target. The
Community Dashboard is updated quarterly and can be found online at
www.fcgov.com/dashboard. The measures listed below within each outcome are current as of
publication of this document. Definitions of each measure can be found on the dashboard.
High Performing Government Measures
Accuracy of Cumulative Budgeted Expenses ($ millions)
Actual Cumulative Revenue Compared to Budget ($ millions)
Average Response Time of Cases Submitted to Access Fort Collins
City Employee Cumulative Turnover Rate
City Employee Safety – Days Away Restricted or Transferred (DART) Rate
YTD
City Employee Safety – Total Recordable Injury Rate (TRIR) TYD
Culture & Recreation Measures
Gardens on Spring Creek – Total Cumulative Participation
Golf Courses – Total Cumulative Participation
Lincoln Center – Total Cumulative Participation
Museum of Discovery – Total Cumulative Participation
Natural Areas Programs – Cumulative Participation per Capita
Page 399
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 21
Paved Trails - Cumulative Number of Visits
Recreation Programs – Total Cumulative Participation
Economic Health Measures
Commercial Vacancy Rates
Electric System Average Interruption Duration Index (SAIDI) in Minutes
Local Unemployment Rate
# Business Establishments per Capita (Larimer County)
Environmental Health Measures
Community Electricity Use per Capita (kWh/quarter)
Community Water Use per Capita
Outdoor Air Quality Index (AQI)
Wastewater Treatment Effectiveness Rate (%)
Neighborhood & Community Vitality Measures
Affordable Housing Inventory
Homelessness Data, Chronic Homelessness and # Chronic Homeless Housed
Fort Collins’ Housing Opportunity Index (HOI) Compared to Western States
Region HOI
Response Time to Graffiti Removal
Voluntary Code Compliance
Voluntary Speed Compliance
Safe Community Measures
Average Response Time to Police Priority I Calls
Drinking Water Compliance Rate (% Days)
Page 400
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 22
Number of Injury/Fatal Crashes
Part 1 Crimes in Fort Collins (per 1,000 population)
Percent of Time Fire PFA Intercedes Before Flashover (contained to room of
origin)
Percent of Time PFA Fire Personnel are On-Scene Within 7 Minutes 20
Seconds in the Urban Area
Transportation & Mobility Measures
Average Travel Speeds/Times on Arterial Streets
Cumulative Lane Miles of Roadway Pavement Improved
Transfort Ridership (in thousands) and Passengers per Hour
Page 401
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 23
Appendix B – Long-Term Financial Plan
Overview
The City updates the Long-Term Financial Plan (LTFP) outlook every two years as part of the
Strategic Planning Process. The scope of this biennial update is limited to the City’s
governmental services, which excludes utilities enterprise funds. The utilities’ enterprise funds
update their long-term plans in a separate but concurrent exercise. The objective of the LTFP
update is to highlight potential challenges facing the City and aid in decision-making on
strategies that span the longer term (5-10+ years). These planning and scenario exercises then
inform the biennial Budgeting for Outcomes (BFO) process through which specific services,
programs and projects are funded.
Over the past two years, the City continued recovery from the economic challenges associated
with the COVID-19 pandemic that began in 2020. The negative revenue impacts that were
experienced in 2020 and 2021 continued to improve in 2022 and 2023, as the overall economy
benefitted from the large federal stimulus aid packages. These favorable revenue outcomes
were balanced out on the expense side, as many sectors of our local economy experienced
inflationary pressures, leading to higher labor, supply and capital costs. Additionally, supply
chain disruptions and persistent labor shortages also contributed to higher costs and schedule
adjustments. Overall, the City’s finances remain in excellent condition. Moody’s once again re-
affirmed the City’s Aaa credit rating in the fall of 2023 (ranking in the top 5% nationally).
Background
The 2024 LTFP Baseline Scenario assumes most likely outcomes under current operating
conditions and service delivery levels. Unidentified productivity increases, process
improvements and technology savings are not included in the baseline scenario. Additionally, no
outlier impacts (e.g., natural disasters, unanticipated severe recession, war, civil breakdown)
are forecast to happen. The impacts of the higher costs and higher revenues experienced over
the past few years during the pandemic recovery are factored into the 2024 LTFP update. The
underlying analysis utilizes historic data from the past 20 years, macroeconomic outlooks,
correlation analysis and unique drivers at departmental and functional levels to provide a view of
what leadership needs to plan around for long-term growth.
Outlook
Although the City has stabilized the organization’s near-term financial position, it still faces
continued pressure to balance the longer-term needs with the limited sources of funding
options. During the previous LTFP update, the City had identified significant challenges
associated with future funding for park life-cycle and maintenance costs, transit/transportation
infrastructure, affordable housing options, ambitious climate and energy goals, and other
Council priorities. The City has continued to add personnel capacity to keep up with the demand
for services from our community of residents, businesses and visitors. The adopted two-year
Page 402
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 24
budget for 2023 and 2024 included approximately 42 additional full-time equivalent (FTE)
employees to help serve these ever-increasing community needs.
Similar to the 2022 LTFP update, the 2024 LTFP contemplates the impacts of taking on these
additional expenditures and explores options to fund these programs and services. The 2024
LTFP analysis continues to provide a Baseline Scenario and also builds up a Gap Closure
Scenario that factors in four additional sets of assumptions:
1. Adjustments for historic budget underspend
2. Addition of new expenditures for currently underfunded programs and services
3. Longer-term growth-related programs and services
4. Addition of identified and potential revenue sources to close the funding gap
Baseline Scenario
The Baseline Scenario forecast includes the following primary revenue and expenditure
assumptions:
Primary Revenue Assumptions
Sales Tax – growth of 2.5% based on taxable sales historical average, increased
taxable sales base and reduced near-term inflationary impacts
Use Tax – growth of 3.6%, similar to prior forecasts
Property Tax – incorporates steep valuation increases from 2020 to 2024 that
have significantly increased the base; growth of 2.0% moderates with Consumer
Price Index (CPI)
Capital Grants – 2.0% increase, very project specific; tied to long-term CPI
growth
Shared Revenues – County and State distributions, 1.3% growth, similar to
historical rate for past 15 years
Cultural, Park, Recreation and Natural Areas Fees – in line with average
historical rate of 3.4%
Primary Expenditure Assumptions
Salaries and Wages – combined growth rate of 3.7%; includes CPI-driven wage
increases plus projected FTE increases
Benefits – combined growth rate of 4.7%; includes 1% over CPI-driven rate
increases plus projected FTE increases
Professional and Technical – growth of 3.3%, correlated to CPI and sales tax
Supplies and Other Purchased Services – 2.1% growth
Page 403
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 25
Infrastructure – 5.5% growth rate, correlated to sales and use tax
The 2024 LTFP Baseline Scenario (see Exhibit 1) shows our projected revenues, expenditures
and future estimated year-end fund balances. Overall, long-term revenues are expected to
increase at an approximately 2.5% compound annual growth rate (CAGR). Expenditures are
expected to grow by 3.3% CAGR over this same period. The projected gap between revenues
and expenditures could exceed $40 to 50 million per year by 2032, with the cumulative effect of
this deficit spending eroding fund balances to less than $20 million.
EXHIBIT 1
Closing the Gap
The City is required to balance the budget during the biennial BFO process and cannot deficit
spend beyond the utilization of anticipated revenues and existing available fund balances.
Historically, there is an approximately 5% average underspend in actual expenditures compared
to budgeted expenditures each year. Given the requirements of the City’s budgeting process,
this result is expected and provides a requisite cushion level against potential revenue shortfalls
in the short-term. As in the prior LTFP update, this 5% amount was removed from the Gap
Closure Scenario forecast, providing a more normalized view of expected expenditure levels for
existing services and programs.
Page 404
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 26
During 2022 and 2023, City staff and the Council worked to refine the longer-term ongoing
needs of the City as well as reflect updated Council priorities. The Gap Closure Scenario adds
projected costs to account for identified needs for parks and recreation, transit additions,
affordable housing programs and climate initiatives. The annual requirement for these items has
been estimated at more than $40 million per year, with cumulative expenses totaling over $350
million by the year 2032.
The staff and Council update included a rigorous analysis of potential funding alternatives and
trade-offs. The culmination of these efforts was placing two funding options on the November
2023 ballot:
1. A 0.50% sales tax increase to fund parks and recreation programs, climate
initiatives and transit projects
2. A property tax increase to fund affordable housing needs
The sales tax initiative was approved by the voters with an effective date of January 1, 2024.
While not projected to cover all the estimated needs of the covered programs, these funds are
the basis for specific project planning and funding consideration for the BFO process later this
year. The property tax initiative was not approved by the voters and the affordable housing
shortfalls currently remain unfunded. This new sales tax revenue stream is included in the Gap
Closure Scenario.
In addition to the current maintenance and program expenditure shortfalls, Fort Collins’
continued growth will bring on additional needs for funding. Specifically, identified areas of
potential need are the Civic Center Master Plan, developing future community and
neighborhood parks, and potential annexation costs related to the East Mulberry area. These
expenditures may approach $15 to 20 million per year by 2032.
The City organization will continue to look for ongoing cost containment strategies to combat the
growth and inflationary impacts. However, staff will need to continue looking for other funding
sources – some potential combination of taxes, fees and/or grant revenues. For illustrative
purposes in the Gap Closure Scenario, a combination of unidentified new sources was
estimated at $25 million per year beginning in 2028.
The Gap Closure Scenario is highlighted in Exhibit 2, which provides greater stabilization of
fund balances over the longer-term time horizon.
Page 405
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 27
EXHIBIT 2
Summary
The City made significant strides during 2023 and 2024 in addressing some of the funding gaps
identified in prior Strategic Plan and LTFP updates, but many challenges remain. Prioritizing
programs and services will be key to delivering the highest value-added services to the
community. Active cost containment will remain a vital component of maintaining our ability to
deliver desired levels of service.
Page 406
Item 18.
EXHIBIT A TO RESOLUTION 2024-030
2024 Strategic Plan March 19, 2024 | 28
Appendix C – Glossary of Terms
Budgeting for Outcomes (BFO): A system driven by goals and performance to relate
budgeting to planning and outputs/results. Its purpose is to better align the services
delivered by the City with the things that are most important to the community.
City Plan: A comprehensive plan that guides how the community will grow and travel in
the next 10-20 years. City Plan describes our community’s vision and core values and
provides policy guidance and implementation actions to achieve both. City Plan includes
guidance on future land use and transportation, and was coordinated and developed
alongside an update to Fort Collins’ Transit Master Plan.
Community Dashboard: A quarterly snapshot of the community’s progress in attaining
key outcomes. The Dashboard reinforces the City’s steadfast commitment to
accountability and continuous improvement.
Low to Moderate Income: Households whose incomes are below 95% of the area
median income (AMI), as determined by the U.S. Department of Housing and Urban
Development (HUD), with adjustments for smaller or larger families.
Manufactured Housing: A preconstructed dwelling unit, meeting the construction
standards of the U.S. Department of Housing and Urban Development, which also
includes mobile homes.
Master Plans: Long-term vision documents in each service area.
Our Climate Future (OCF): A community guide to creating the carbon-neutral, zero-
waste and 100% renewable electricity future we desire while increasing equity and
resilience in our community.
Outcome: A result; the effect that residents want from government programs and
activities (e.g., safety is the result or outcome that residents want from police and fire
programs or activities). Seven key outcomes make up the City’s strategic planning and
budgeting processes.
Strategic Objective: Statements providing direction for accomplishing the outcome.
They contain meaningful planning challenges, and result from organizational input
analysis.
Transportation Master Plan: Long-term vision document that defines the long-term
multimodal system that Fort Collins desires in the future and serves as a
comprehensive reference guide regarding transportation issues.
Page 407
Item 18.
Draft 2024 Strategic Plan Objectives
Introduction
The City of Fort Collins is a full-service municipal organization dedicated to providing
exceptional service for an exceptional community of 175,000 residents, 8,000 businesses, and
numerous institutional partners.
Incorporated in 1873 and located in Northern Colorado, Fort Collins is home to Colorado State
University (CSU), outstanding public school and healthcare systems, several large high-tech
employers and leading businesses in the craft brewing industry. Fort Collins offers exciting
recreational opportunities, unique cultural offerings and amenities, and is a regional center for
employment and commerce. Both the City organization and community at large are frequently
recognized for our quality of services and amenities, sustainable management practices, and a
forward-thinking, innovative culture.
The City is committed to thoughtful planning and to public participation in government;
community input is a vital component that helps shape the City’s Strategic Plan, comprehensive
plan (City Plan), biennial budget, and many individual plans, projects and initiatives. It is
important that the work we do as a representative local government reflects the values of the
community.
While City Plan articulates a long-term community vision and growth framework, the Strategic
Plan outlines short- and mid-term objectives, influences the City’s budgeting process, and
guides the implementation of the City’s full range of services, including: public safety,
neighborhood quality, economic vitality, environmental services, parks and open spaces, utility
services, transit and transportation infrastructure, engineering and building services, and much
more.
The 2024 Strategic Plan outlines key objectives and strategies that link the City Plan vision with
the City’s organizational and operational priorities.
• The Strategic Objectives are not listed in priority order, and it should not be
interpreted that a Strategic Objective early in the list is of a greater priority than one
later in the list.
• Each strategic objective includes supplemental bullets that help to define and provide
context for the objective; they are intended to be representational but not all-
encompassing.
• At the end of most outcome areas, you will find “Connections to related objectives.”
These are meant to highlight the linkages between different objectives.
Page 408
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 2
Objectives & BulletsOutcomes and Strategic
Objectives
High Performing Government (HPG)
HPG 1 – Provide an exceptional customer experience to the community and increase the City’s
effectiveness by simplifying processes and delivering modern technologies.
• Council Priority: Make Government More Accessible, Approachable and Fun
• Council Priority: Continue Stewardship of Our Civic InstitutionModernize and Update
the City Charter
• Inconsistent and overly complicated City processes negatively impact the customer
experience.
• Updates to the City’s website and other digital platforms provide an opportunity to
ensure that they are accessible to the entire community.
• As our flexible work practices continue to adapt and evolve, the City is committed to
providing exceptional and reliable customer service.
HPG 2 – Build trust with our increasingly diverse community through meaningful engagement
and by providing timely access to accurate information.
• Council Priority: Develop a Hughes Site Master Plan
• The voices and perspectives of marginalized community members have been historically
underrepresented in the City’s public engagement efforts.
• The evolving media and communications landscape requires pursuing innovative
avenues of engaging with and informing our community.
• Effective and meaningful public engagement includes listening and responding to input
and depends on establishing mutual understanding with those who choose to
participate.
• Increasing voter turnout provides insight into the opinions of residents through the
democratic process.
HPG 3 – Deliver an exceptional employee experience by attracting, developing and retaining
diverse talent and fostering a culture of employee safety, belonging and empowerment across
the organization.
• The City continues to face challenges with attracting and retaining talent in certain
sectors.
• The region’s high cost of living increases pressure on competitive pay.
• Developing a diverse talent pool and increasing representation in both the broader
workforce and at the management level remains a major focus.
• The City’s efforts to simplify processes and deliver modern technologies will have
beneficial impacts on the employee experience.
HPG 4 – Incorporate a management strategy for all new and existing City assets that addresses
deferred maintenance and accessibility.
Page 409
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 3
• As the City’s assets age, renewal and replacement are critical to maintaining and
elevating service standards.
• Developing and implementing an asset management strategy for both deferred and
ongoing maintenance is fundamental to the long-term sustainability of City services.
• Successful and efficient asset management requires improved coordination among City
departments on capital projects.
• New funding provides an opportunity to perform necessary maintenance and replace
deteriorating assets.
• Renewing the ¼-cent street maintenance tax will help maintain the high quality of the
City’s transportation network.
• Asset management includes preserving and maintaining a safe, healthy and resilient
urban canopy.
Neighborhood & Community Vitality (NCV)
NCV 1 – Increase housing supply, type, choice and affordability to address inequities in housing
so that everyone has healthy, stable housing they can afford.
• Council Priority: Operationalize City Resources to Build and Preserve Affordable
Housing
• Fort Collins’ population is expected to grow to 250,000 by 2040, which will drive
significant need for housing units throughout the community. The Housing Strategic Plan
provides guidance on next steps.
• Fort Collins is focused on enhancing the quality of life and sense of belonging in all
neighborhoods by connecting neighbors to each other and to City services, building
community and fostering harmonious relationships.
• The challenge of keeping up with affordable housing options necessitates that the City
support efforts to preserve and enhance mobile home parks as a source of affordable
housing and to create a safe and equitable environment for residents.
• The City continues to address the need for regulations and procedures to be clear and
predictable to ensure new development efficiently advances adopted City plans and
policies.
• The City will need to advance development efforts in the Growth Management Area in
order to see a measurable increase in housing supply and type, and to meet the goal of
building 282 units per year to have 10% of all housing inventory as restricted affordable
housing by 2040.
NCV 2 – Support community partner efforts to address priority human service issues like
poverty and mental health, and to make homelessness rare, brief and non-recurring.
• Council Priority: Improve Human and Social Health for Vulnerable Populations
• The social issues that partner agencies address are wide-ranging, complex and
systemic. A strategic, collaborative approach will ensure programmatic effectiveness and
efficiencies, add agency capacity, eliminate redundancy, and identify and better serve
disadvantaged areas and groups.
• The City’s core role has been and continues to be strengthening partnerships, funding
programs and developing policy in coordination with community agencies that provide a
wide range of human services and homelessness services.
Page 410
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 4
• According to the Homeless Management Information System (HMIS) that is
administered by the Continuum of Care, as of January 2024, approximately 530
community members are experiencing chronic homelessness in Fort Collins. This
indicates that chronic homelessness declined about 16% in 2023. Despite this progress,
efforts need to be coordinated to address the myriad challenges that lead to
homelessness.
• Continued innovative, collective efforts across agencies are needed to reduce incidents
of, and impacts from, disruptive and unwanted behaviors, working closely with the
community’s partner agencies to offer creative approaches that balance compassion and
consequences.
NCV 3 – Identify and remove systemic barriers and advance equity so that persons of all
identities, including race, ethnicity, religion, sexual orientation, gender identity, gender
expression, age, mental and physical abilities, and socioeconomic levels can access programs
and services with ease and experience equitable outcomes.
• Council Priority: Improve Human and Social Health for Vulnerable Populations
• Identifying and actively working to remove systemic barriers will help address the
historical root causes that have created generational inequities for vulnerable and
disadvantaged groups.
• As the cost of living in Fort Collins increases, low- and moderate-income households are
struggling to afford necessities and participate in City programs and services.
• Related to the high cost of living, increased and targeted outreach efforts and supportive
customer experiences are needed to assist community members in participating in
income-qualified services, improving accessibility to City and community programs for
low- and moderate-income households.
• There is an increase in requests from community members eager to build a sense of
belonging for the City to commit resources to creating experiences that promote
inclusion and celebrate cultural diversity in the community.
• As there are sections of the community that do not have access to digital equity
services, the City is developing methods to prioritize connectivity services to under-
resourced neighborhoods.
• To advance equity for all and apply a data-informed approach to making policy, program
and service updates, City teams are growing their practice to systematically gather,
analyze and interpret qualitative and quantitative data, disaggregated by racial and
social identities and additional equity indicators, to identify barriers, decrease inequities
and increase access for all.
NCV 4 – Remove obstacles to build interconnected Neighborhood Centers to accelerate
progress toward our goal for everyone to have the daily goods and services they need and want
available within a 15-minute walk or bike ride from their home.
• Council Priority: Advanceing a 15-Mminute City by Igniting our Neighborhood Centers
• Innovative neighborhood outreach and engagement efforts that help gather data from a
diverse range of communities on needs, interests and expectations will be necessary for
teams to develop strategies and actions for implementing adopted plans.
• Preparing to build 15-minute neighborhood centers, City teams will need to analyze
neighborhood-level geographic data to assess hyper-local needs. It is important to
understand population density and demographics; locations of essential amenities;
Page 411
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 5
public spaces; and the quality, safety and accessibility of walking, biking and public
transit networks.
• In developing 15-minute neighborhood centers, City planning initiatives will have the
opportunity to assess environmental health impacts such as how to increase walking
and biking mobility options, lower emissions and increase healthy opportunities for
residents through reduced air pollutants.
• Building physical neighborhood connectivity will require the City to consider complex infill
and redevelopment projects that offer significant opportunity to contribute to vibrant
walkable and bikeable neighborhoods and centers.
• According to the National League of Cities, “the goal of the 15-minute city is to provide
convenient and equitable access to necessities like healthcare, schools, grocery stores,
jobs, and greenspace.”
Culture & Recreation (C&R)
C&R 1 – Make City arts, cultural and recreational programming more inclusive to reflect the
diversity of our community.
• In the 2023 Community Survey, 63% of respondents reported the quality of arts and
cultural opportunities as good or very good, which is a recent increase, but below
historical averages.
• Programming can be within City facilities, as well as throughout the community.
• Artistic and cultural opportunities are essential to a vibrant and creative community;
engaged and equitable participation and inclusion in those opportunities are core
community values.
• Effective communication strategies are necessary to help residents understand how to
learn about and access currently available programming.
• Emerging trends and opportunities for all ages and abilities need to be considered as the
community evolves.
• Consultation and collaboration with local and regional community organizations are a
key success factor to identifying gaps and opportunities.
• The City maintains a strong commitment to enhancing access to nature.
C&R 2 – Implement criteria and prioritization to manage assets and replace equipment that will
revitalize parks and recreational facilities, as the planned buildout of the parks and trails system
continues.
• Parks, trails, and cultural and recreation opportunities are highly valued and used by
residents.
• Utilize new dedicated funding to make necessary improvements and updates to meet
design standards and maintain these as highly valued neighborhood amenities.
• Aging parks should periodically undergo a redesign or comprehensive upgrade to
respond to new park standards and changing community expectations.
• Equipment replacement and overall asset management should include understanding
modern service expectations as the community evolves.
Page 412
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 6
Economic Health (ECON)
ECON 1 – Foster diverse and attractive employment opportunities, remove barriers to local
businesses and bolster economic mobility by facilitating workforce development that aligns
businesses drivers with worker capability.
• Council Priority: Pursue an Integrated, Intentional Approach to Economic Health
• To support a better customer experience during business creation and mitigate the
rising regulatory cost of doing business in Fort Collins, the City can evaluate removing
barriers for business by streamlining processes and becoming less siloed in its
communication.
• Life sciences, clean energy, biotech and other industries in close alignment with City
values and goals can be important drivers of innovation and contributors to the local
economy.
• Collaboration with educational and institutional partners is needed to create and
execute a unified regional workforce and economic mobility opportunities.
• The Economic Health Strategic Plan establishes goals to increase business owner
demographic representation, increase five-year business survivability, add 1,800 jobs
in targeted sectors and increase representation within those sectors.
• Continuing to expand the City’s Connexion services while finding innovative ways to
leverage the network across Fort Collins and in the region can be a business
attraction tool.
ECON 2 – Deliver City utility services in response to climate action objectives and opportunities
and targeted reliability and resiliency levels, and make significant investments in utility
infrastructure while communicating and mitigating cost impacts to the community where
possible.
• Maintaining reliability is critical as PRPA implements its Integrated Resource Plan and
distributed energy resources are integrated into the electric grid.
• Water storage capacity is needed to ensure water rights can be fully utilized to meet
future demand and drought resiliency needs.
• The benefits of reliable infrastructure such as water distribution, wastewater
collection/treatment, and flood protection extend well beyond economic impact and
have ties to community safety and environmental health.
Environmental Health (ENV)
ENV 1 – Implement the Our Climate Future Plan to advance the City's greenhouse gas, energy
and waste goals; reduce air pollution; and improve community resilience.
• Council Priority: Create Pathways forAccelerate Zero Waste Infrastructure and Policies
• Council Priority: Reduce Climate Pollution and Air Pollution Through Best Practices,
Emphasizing Electrification
• Actively working together and building on existing partnerships with local, regional, state
and national affiliates is necessary to achieve desired Our Climate Future goals and
outcomes such as: decrease greenhouse gas emissions by 80% below 2005 baseline
Page 413
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 7
levels by 2030; ensure 100% renewable electricity provision by 2030, utilizing both grid
and local sources; and attain zero waste, or achieve 100% landfill diversion, by 2030.
• Engaging all parts of the community in solutions to increase accessibility and community
consciousness of recycling, xeriscaping and other environmental programs can raise
participation.
• Implementing mode shifts advances the City's climate and Vision Zero goals by reducing
the number of vehicle miles traveled.
• Accelerating building electrification aligns with the City's pursuit of clean energy sources
and lowering building energy consumption, which is responsible for more than two-thirds
of the community's emissions.
ENV 2 – Sustain the health of the Cache la Poudre River and regional watersheds while
delivering a resilient, economically responsible and high-quality water supply for all Fort Collins
residents.
• Council Priority: Protect Community Water Systems in an Integrated Way to Ensure
Resilient Water Resources and Healthy Watersheds
• Collaborating with partners and attaining regional commitments to assess and support
river and watershed health is crucial for success.
• Proactively managing the high costs of acquiring water rights and storing raw water
ensures the provision of an adequate and affordable water supply for everyone.
• The Water Efficiency Plan and Water Shortage Action Plan guide strategies for water
demand management and water conservation.
• The health of the river requires collecting wastewater and ensuring it is treated safely.
ENV 3 – Expand, restore and maintain the Natural Areas land portfolio to improve habitat
conditions across the community and ensure equitable access to nature.
• Amidst escalating costs, the City must actively seek partnerships with local, regional and
national organizations to bolster land conservation and restoration efforts.
• The City is challenged to maintain investments in restoration and built infrastructure to
fulfill stewardship responsibilities for the existing land portfolio amidst budget constraints
and changing environmental conditions.
• Programs like Nature in the City can continue efforts to protect and expand naturalized
landscapes on City-owned properties and throughout the community.
Transportation & Mobility (T&M)
T&M 1 – Make significant progress toward the City’s Vision Zero goal to have no serious injury
or fatal crashes for people walking, biking, rolling or driving in Fort Collins.
• Council Priority: Advanceing a 15-Mminute City by Accelerating Our Shift to Active
Modes
• The City adopted a goal in 2016 to have no fatal or serious injury crashes within the
transportation network. This requires appropriate programs, policies, educational
resources and infrastructure improvements that work to reduce the overall number and
severity of crashes.
Page 414
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 8
• In 2023, City Council adopted the Active Modes Plans, which lays out the needed
investments to ensure that alternatives to driving—which include biking, walking and
rolling—are safe and accessible to all residents.
• In 2023, City Council also approved 10-year transportation capital project priorities that
identify the key corridor, intersection and crossing improvements, and other projects that
will directly work to increase the safety, efficiency and equitable operation of the
transportation network for all modes of travel.
• Quality infrastructure that is in a good state of repair is necessary for the safe operation
of the transportation network. The City has relied on dedicated funding from the street
maintenance tax, due to expire in 2025, as a primary way to ensure a consistent street
quality standard.
• Working closely with local schools is necessary to implement strategies that will ensure
safe routes to school and protect our student population.
• Ensuring our transportation network is safe for everyone requires enforcing traffic and
other laws with targeted and innovative strategies in priority areas.
T&M 2 – Increase Transfort access and ridership by ensuring the City’s transit services provide
safe, reliable and convenient alternatives to driving.
• The Transit Master Plan was updated in 2019, but the realities of operating a transit
agency have changed substantially since the COVID-19 pandemic; ridership still has not
returned to pre-pandemic numbers. The plan should be optimized to reflect post-
pandemic realities, including new strategies to achieve the transit vision while still
considering frequency and prioritizing key routes.
• Fort Collins voters approved a new sales tax to support transit initiatives through 2050.
These resources will provide significant funding support toward some of the capital
projects needed to increase transit frequency and stabilize operations.
• The Community Survey indicates that fewer residents always or usually feel safe on
Transfort than did before the pandemic. Increasing ridership will require ensuring that
transit is a safe transportation alternative.
• Colorado State University students account for a critical portion of Transfort's ridership.
Continued partnership with the university and students will be critical to achieving
increases in ridership.
• Achieving many of the City goals outlined in City Plan, Our Climate Future and the
Housing Strategic Plan will require increasing transit ridership.
T&M 3 – Transform the parking system to better align supply and demand and incentivize
sustainable outcomes in a place-based manner across the city.
• A strategic approach to the City's parking system and requirements can help achieve
many other goals related to housing, climate and transportation. Incentivizing behaviors
to make progress in these spaces requires a context-specific approach based on a
number of factors including density, economic activity and availability of structured
parking.
• In Downtown specifically, the existing parking model incentivizes additional vehicle trips
as the spaces that are ideal for longer-term parking (garages) cost more than the spaces
better suited for short stays (on-street). This results in a revenue model that is not
sustainable for the long-term maintenance of the parking structures or the Parking
Services team and increases congestion Downtown.
Page 415
Item 18.
Draft 2024 Strategic Plan Objectives February March 1927, 2024 | 9
• Successfully implementing transportation demand and targeted land use strategies can
reduce automotive congestion and the increasing need for associated parking across the
community.
• In 2023, City Council supported advancing a workstream to look at new models for
pricing Downtown parking.
Safe Community (SAFE)
SAFE 1 – Enhance overall community safety and foster increased trust in public safety services
and the municipal justice system through innovative service delivery models.
• Ongoing partnerships support key enforcement and education programs, such as mental
health, substance abuse prevention, detoxification, victim assistance, youth programs,
bike safety, county jail management, efforts to reduce repeat crimes, fire safety and
animal control.
• A diverse community requires new communication strategies and non-traditional
partnerships to build trust and help residents understand available resources for safety.
• Utilizing local, regional and federal resources is crucial to comprehensively address
safety issues.
• As Fort Collins continues to grow, the City will need to innovate and adapt to meet
evolving community expectations for public safety services, including law enforcement,
fire and rescue, and comprehensive emergency communication and preparedness.
• Innovative service delivery means coming up with new and clever ways to provide
services. Fresh ideas, smart strategies and new technology can help improve services
and customer satisfaction.
SAFE 2 – Enhance safety and security on public and private property and protect City
infrastructure and sensitive data from emerging security threats.
• The physical safety of residents in public spaces and on private property is paramount.
• The City's reliance on evolving technology for core operations and service delivery
underscores the need for robust cybersecurity measures to safeguard City assets,
information and customer privacy. Cybersecurity involves cyber audits, awareness
training and digital access control.
• The Community Survey indicates that fewer residents feel safe at parks and recreation
facilities than before the pandemic. The City is committed to enhancing the community’s
safety across public amenities to help ensure a secure and enjoyable environment for
residents.
• Providing and maintaining reliable utility services and infrastructure directly preserves
and improves public health and community safety.
Page 416
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Darren Parkin, Halligan Water Supply Project Manager
Jason Graham, Director of Water Utilities
SUBJECT
Resolution 2024-031 Authorizing the City Manager to Execute an Agreement Between the City of
Fort Collins and the State of Colorado Regarding Implementation of Portions of the Fish and
Wildlife Mitigation and Enhancement Plan for the Halligan Water Supply Project (Cheat Grass and
Big Horn Sheep Collaring).
EXECUTIVE SUMMARY
The purpose of this item is to seek Council approval of a proposed agreement (“Agreement”) between the
City and the State of Colorado acting through Colorado Parks and Wildlife (“CPW ”) regarding certain
aspects of the Halligan Water Supply Project (“Halligan Project”). The purpose of this Agreement is to
implement Section 4.2.3.18 (Bighorn Sheep Habitat Improvements) and Section 4.2.3.19 (Bighorn Sheep
Collaring Study) of the Halligan Project’s Fish and Wildlife Mitigation and Enhancement Plan (“Mitigation
Plan”), under which 1) the City intends to transfer funds to CPW; and 2) habitat treatments and bighorn
sheep monitoring are to be started at least two years in advance of constructio n. Based on the City’s
expected construction schedule, the Parties desire to begin implementing those Mitigation Plan sections
early in 2024 before a full agreement related to the Mitigation Plan is expected to be completed.
CPW will use the funds for chemical treatment to abate invasive cheat grass. CPW will use its best efforts
to treat a minimum of at least 500 acres with a focus on the Lower Unit of the State Wildlife Area . CPW
may additionally use the funds for the installation of up to two remote passive water sources on the State
Wildlife Area. Any funds not needed for the cheat grass treatment or the water sources installation may
be used by CPW for habitat treatment on additional acreages within the State Wildlife Area.
CPW will also use the funds for the purpose of supporting a GPS (global positioning system) collaring and
monitoring study of bighorn sheep from the Lone Pine herd that will include tracking their movements and
habitat use, and conducting disease testing, before, during, and immediately after Halligan Project
construction.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
Page 417
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
Halligan Water Supply Project
The City, through Fort Collins Utilities, is pursuing the Halligan Project. The Halligan Project will provide
7,900 AF of additional firm yield for Fort Collins Utilities water demands through 2065 with water of a quality
comparable to the water now delivered to its customers. It will also provide a storage reserve for
emergency water supply, increase drought security; improve water system reliability and flexibility; and
meet future water demands of the Fort Collins Utilities water service area.
The Halligan Project includes: the enlargement of Halligan Reservoir, which primarily entails replacing
Halligan Dam; and the replacement of the diversion structure for the North Poudre Canal and related
infrastructure on the North Fork.
The City is seeking a Clean Water Act Section 404 Permit from the United States Army Corps of Engineers,
with the Final Environmental Impact Statement (FEIS) being approved in October 2023 and a final Record
of Decision (ROD) expected in 2025. The Halligan Fish and Wildlife Mitigation and Enhancement Plan was
also approved in 2023 by Colorado Parks and Wildlife and the Colorado Water Conservation Board
(“CWCB”), as discussed further below. Various other permits are also being obtained such as a Clean
Water Act Section 401 Water Quality Certification from the Water Quality Control Division of the Colorado
Department of Public Health and Environment; and a 1041 permit from Larimer County.
The Halligan Project includes numerous environmental mitigation and enhancement actions that will avoid
impacts, minimize impacts, compensate for unavoidable impacts, and enhance the environment, including
providing minimum flows in the North Fork and eliminating existing and historical dry-up reaches of the
river.
Information on the Halligan Project can be found here:
https://www.fcgov.com/halligan/
Implementation of the Mitigation Plan
Pursuant to Section 37-60-122.2 of the Colorado Revised Statutes (“Statute”), the City began working with
staff from the CWCB and CPW in early 2020 on a mitigation proposal for the Halligan Project. The
extensive discussions culminated in the City’s Halligan Water Supply Project: Fish and Wildlife Mitigation
and Enhancement Plan, dated June 7, 2023 (“Mitigation Plan”).
Pursuant to the Statute and applicable rules and regulations, the Parks and Wildlife Commission approved
the Mitigation Plan on June 23, 2023, and the CWCB approved the Mitigation Plan on July 19, 2023. The
Mitigation Plan is thus the official state position with respect to mitigation for the Halligan Project.
City staff and CPW staff have been in discussions regarding an agreement to implement various aspects
of the Mitigation Plan. It was originally contemplated to have one such agreement. However, an
agreement on the entire Mitigation Plan is expected to take several months and it is desired to begin
mitigation measures regarding cheat grass and big horn sheep collaring in the spring of 2024.
It is therefore currently contemplated that there will be two agreements: (1) an initial agreement concerning
mitigation measures regarding cheat grass and big horn sheep collaring (“Initial Agreement”); and (2) a
subsequent agreement concerning the remaining aspects of the Mitigation Plan (“Subsequent
Agreement”). The Subsequent Agreement will be brought to Council at a later date. The Initial Agreement
is before Council in this item.
Page 418
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
CITY FINANCIAL IMPACTS
The City’s contributions under the Agreement are $263,037.74 for cheat grass treatments and $126,258.11
for Big Horn Sheep collaring for a combined total of $389,295.85, which has been appropriated from the
Water Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Extensive public outreach has occurred, and continues to occur, focused on the Mitigation Plan and the
many environmental mitigation and enhancement benefits associated with the Halligan Project.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Halligan Water Supply Project Fish and Wildlife Mitigation and Enhancement Plan, dated June 7, 2023
Page 419
Item 19.
-1-
RESOLUTION 2024-031
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND THE STATE OF COLORADO
REGARDING IMPLEMENTATION OF PORTIONS OF THE FISH AND WILDLIFE
MITIGATION AND ENHANCEMENT PLAN FOR THE HALLIGAN WATER
SUPPLY PROJECT (CHEAT GRASS AND BIG HORN SHEEP COLLARING)
A. The City is pursuing the Halligan Water Supply Project (“Halligan Project”).
The Halligan Project includes the enlargement of Halligan Reservoir and the replacement
of the diversion structure for the North Poudre Canal. The Halligan Project requires,
among other things, a permit under Section 404 of the federal Clean Water Act.
B. In Section 37-60-122.2 of the Colorado Revised Statutes (“Statute”), the
Colorado General Assembly (“Legislature”) recognized the responsibility of the state for
fish and wildlife resources found in and around state waters which are affected by the
construction, operation, or maintenance of water diversion, delivery, or storage facilities.
The Legislature also declared that such fish and wildlife resources are a matter of
statewide concern and that impacts on such resources should be mitigated by the project
applicants in a reasonable manner. The Legislature stated that it is their intent that fish
and wildlife resources that are affected by the construction, operation, or maintenance of
water diversion, delivery, or storage facilities should be mitigated to the extent, and in a
manner, that is economically reasonable and maintains a balance between the
development of the state’s water resources and the protection of the state's fish and
wildlife resources.
C. The Statute therefore provides that an applicant for certain water projects
requiring a permit, license, or other approval from the United States shall inform the
Colorado Water Conservation Board (“CWCB”), the Parks and Wildlife Commission, and
the Division of Parks and Wildlife of the application and submit a mitigation proposal. If
approved pursuant to the Statute, the mitigation proposal becomes the official state
position with respect to mitigation for the water project.
D. The City began working with staff from the CWCB and the Division of Parks
and Wildlife in early 2020 on a mitigation proposal for the Halligan Project. The extensive
discussions culminated in the City’s Halligan Water Supply Project: Fish and Wildlife
Mitigation and Enhancement Plan, dated June 7, 2023 (“Plan”).
E. Pursuant to the Statute and applicable rules and regulations, the Parks and
Wildlife Commission approved the Plan on June 23, 2023 , and the CWCB approved the
Plan on July 19, 2023. The Plan is thus the official state position with respect to mitigation
for the Halligan Project.
F. City staff and Division of Parks and Wildlife staff have been in discussions
regarding an agreement to implement various aspects of the Plan. It was originally
contemplated to have one such agreement. However, an agreement on the entire Plan
Page 420
Item 19.
-2-
is expected to take several months and it is desired to begin mitigation measures
regarding cheat grass and big horn sheep collaring in the spring of 2024.
G. It is therefore currently contemplated that there will be two agreements: (1)
an initial agreement concerning mitigation measures regarding cheat grass and big horn
sheep collaring (“Initial Agreement”); and (2) a subsequent agreement concerning the
remaining aspects of the Plan (“Subsequent Agreement”). The Subsequent Agreement
will be brought to City Council at a later date. The Initial Agreement is attached as
Exhibit “A.”
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute an Agreement
substantially in the form of Exhibit “A”, with such additional terms and conditions as the
City Manager, in consultation with the City A ttorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purposes of this
Resolution.
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Eric Potyondy
Page 421
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 1 of 10
AGREEMENT REGARDING IMPLEMENTATION OF PORTIONS OF THE
FISH AND WILDLIFE MITIGATION AND ENHANCEMENT PLAN
FOR THE HALLIGAN WATER SUPPLY PROJECT
(Cheat Grass and Big Horn Sheep Collaring)
This Agreement, dated and effective ________, is entered into by the following Parties:
the City of Fort Collins, a Colorado municipal corporation; and the State of Colorado, acting
through the Department of Natural Resources, for benefit and use of the Colorado Division of
Parks and Wildlife.
* See Paragraph 2 for a list of defined terms used in this Agreement *
RECITALS
A. Fort Collins is pursuing the Halligan Project. The Halligan Project includes1: the
enlargement of Halligan Reservoir, also known as North Poudre Reservoir No. 16, which primarily
entails replacing or enlarging the Reservoir’s dam; and the replacement of the North Poudre Canal
Diversion Structure.
B. The Halligan Project requires, among other things, a permit under Section 404 of the
federal Clean Water Act. In consultation with CPW, pursuant to C.R.S. §37-60-122.2, Fort Collins
has thus developed the Plan as a fish and wildlife mitigation and enhancement plan.
C. The Plan articulates various mitigation and enhancement measures Fort Collins intends to
undertake with respect to the Halligan Project. CPW’s understanding of the planned measures,
anticipated impacts and mitigation needs of the Project is based on the statements and
commitments made in the Plan. The Plan is attached as Exhibit 1 for reference purposes and the
purposes described in Paragraph 6 below.
D. The Colorado Parks and Wildlife Commission approved the Plan and authorized CPW to
enter into an intergovernmental agreement to implement portions on the Plan on June 23, 2023.
CPW has authority to enter into intergovernmental cooperative agreements pursuant to CRS § 33-
1-105(e). CWCB approved the Plan on July 19, 2023.
E. Fort Collins and CPW intend to enter into an agreement to implement portions of the Plan,
including: certain consultation requirements; monetary commitments from Fort Collins to CPW;
and certain easement transactions. That agreement is currently anticipated to be completed later
in 2024 or 2025.
F. Because of timing requirements laid out in the Plan, Fort Collins and CPW desire to
implement Plan Section 4.2.3.18 (Bighorn Sheep Habitat Improvements) and Plan Section 4.2.3.19
(Bighorn Sheep Collaring Study) before that agreement to implement other portions of the Plan is
1 In this Agreement, “include” signifies a list that is not necessarily exhaustive. E.g., Lyman v. Town of Bow Mar,
188 Colo. 216, 222, 533 P.2d 1129, 1133 (1975).
Page 422
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 2 of 10
finalized so that work related to those Plan sections can begin in spring/summer 2024. The
implementation of those two sections is the purpose of this Agreement.
G. This Agreement has been approved by the Fort Collins City Council pursuant to Resolution
No. 2024-031.
H. In consideration of the mutual promises contained herein, and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows.
AGREEMENT
1. INCORPORATION OF RECITALS. The foregoing recitals are hereby incorporated as
if fully restated in their entirety.
2. DEFINED TERMS. The terms used in this Agreement are as defined in this Paragraph 2,
with certain additional terms defined in Paragraph 11, and are otherwise given their ordinary
meaning.
2.1. “CPW” is the Colorado Division of Parks and Wildlife, an agency of the State of
Colorado within the Department of Natural Resources. CPW is also referred to
herein as a Party to this Agreement.
2.2. “Fort Collins” is the City of Fort Collins, a Colorado municipal corporation. Fort
Collins is also referred to herein as a Party to this Agreement.
2.3. “Halligan Project” is the Halligan Water Supply Project.
2.4. “North Fork” is the North Fork of the Cache la Poudre River.
2.5. “North Poudre Canal Diversion Structure” is the diversion structure for the North
Poudre Canal on the North Fork, which is owned and operated by the North Poudre
Irrigation Company. It is located in the North Fork in the SE1/4 of Section 12,
Township 10 North, Range 71 West of the 6th P.M.
2.6. “Party” and “Parties” refer to Fort Collins and/or CPW.
2.7. “Plan” is the Fish and Wildlife Mitigation and Enhancement Plan for the Halligan
Water Supply Project, dated June 7, 2023.
2.8. “Reservoir” is Halligan Reservoir as it now exists and will be enlarged. It is an on-
channel reservoir located on the North Fork, in portions of Sections 29, 32, 33, and
34, Township 11 North, Range 71 West of the 6th P.M. The enlarged Reservoir
will also extend into portions of Sections 27 and 28, Township 11 North, Range 71
West of the 6th P.M. The Reservoir’s dam (for the current Reservoir and the
Page 423
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 3 of 10
enlargement) is located in the NE1/4 of the SW1/4 of Section 34, Township 11
North, Range 71 West of the 6th P.M.
2.9. “State Wildlife Area” is the Cherokee State Wildlife Area.
3. PURPOSE. The purpose of this Agreement is to implement Section 4.2.3.18 (Bighorn
Sheep Habitat Improvements) and Section 4.2.3.19 (Bighorn Sheep Collaring Study) of the Plan,
under which 1) Fort Collins intends to transfer funds to CPW; and 2) habitat treatments and
bighorn sheep monitoring are to be started at least two years in advance of construction. Based
on Fort Collins’ expected construction schedule, the Parties desire to begin implementing those
Plan sections early in 2024 before a full agreement related to the Plan is expected to be completed.
4. EFFECTIVE DATE. This Agreement is effective as of the date that all Parties have
executed this Agreement, which is stated above on the initial page.
5. TERM AND RENEWAL. The term of this Agreement is 10 years, unless terminated
sooner pursuant to the terms and conditions of this Agreement or terminated in writing by the
Parties. The Parties may also renew this Agreement in writing for an additional 10 year term if,
at the end of the term, such a renewal is needed to further the purposes of this Agreement.
5.1. Abandonment of Enlargement of the Reservoir. The Parties acknowledge that
the permitting and approval processes for the Halligan Project include some level
of uncertainty regarding the ultimate ability of Fort Collins to enlarge the Reservoir
and replace the North Poudre Canal Diversion Structure. If Fort Collins abandons
the enlargement of the Reservoir (and thus the replacement of the North Poudre
Canal Diversion Structure), Fort Collins may terminate this Agreement by
providing written notice to CPW pursuant to Paragraph 16. If Fort Collins
terminates this Agreement, CPW has no obligation to return to Fort Collins any
monetary payments previously made to CPW under this Agreement.
6. RELATIONSHIP OF THE PLAN AND THIS AGREEMENT. The Plan includes
various elements and intended actions that are not the subject of this Agreement, which will
instead be the subject of other agreements, permits, and approvals. The Plan and its terms and
conditions are not a part of this Agreement and are not made binding by this Agreement.
Nevertheless, the Plan includes a description of the anticipated impacts to fish and wildlife
resources from the Halligan Project and all of Fort Collins’ planned mitigation and enhancement
measures for the Halligan Project that are related to fish and wildlife. To the extent that parts of
this Agreement may be construed to be ambiguous despite the Parties’ best efforts to the contrary,
the Plan may be consulted to clarify the intent of the Parties with respect to the specific obligations
that are set forth in this Agreement. To the extent there is a conflict between this Agreement and
the Plan with respect to the Parties’ obligations hereunder, this Agreement controls. The Parties
agree to act in good faith in their work pursuant to this Agreement.
Page 424
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 4 of 10
7. MITIGATION MEASURES.
7.1. Bighorn Sheep Habitat Improvements (Plan Section 4.2.3.18). Within 90 days
of the date of this Agreement, Fort Collins will pay $263,037.74 to CPW to improve
bighorn sheep habitat and water access on the Cherokee State Wildlife Area.
7.1.1. CPW will use the funds for chemical treatment to abate invasive cheatgrass.
CPW will use its best efforts to treat a minimum of at least 500 acres with
a focus on the Lower Unit of the State Wildlife Area.
7.1.2. CPW may additionally use the funds for the installation of up to two remote
passive water sources on the State Wildlife Area. Any funds not needed for
the cheatgrass treatment or the water sources installation may be used by
CPW for habitat treatment on additional acreages within the State Wildlife
Area.
7.1.3. The Parties intend that at least one round of treatment will be completed at
least two years before the commencement of construction of the Halligan
Project. Based on the construction timeframe provided by Fort Collins,
CPW intends to begin treatments in spring of 2024. Any delay in treatments
resulting from CPW’s actions or inactions shall not require a delay in Fort
Collins’ construction schedule.; however, any delay resulting from force
majeure as described in Paragraph 19 may require modification of
construction schedule if necessary to meet the intent and purpose of the
treatment for mitigation purposes.
7.1.4. If CPW determines that additional cheatgrass treatments are needed after
the first round, CPW will perform additional treatments as needed through
construction and up to 2 years postconstruction.
7.2. Bighorn Sheep Collaring Study (Plan Section 4.2.3.19).2 Within 90 days of the
date of this Agreement, Fort Collins will pay $126,258.11 to CPW to monitor
potential impacts to bighorn sheep.
7.2.1. CPW will use the funds for the purpose of supporting a GPS (global
positioning system) collaring and monitoring study of bighorn sh. eep from
the Lone Pine herd that will include tracking their movements and habitat
use, and conducting disease testing, before, during, and immediately after
Halligan Project construction. Any excess funds not needed for the bighorn
sheep collaring and monitoring may be used by CPW for big horn sheep
purposes in Area 4.
7.2.2. The Parties intend that CPW will begin the monitoring study at least two
years before the commencement of construction of the Halligan Project.
Based on the construction timeframe provided by Fort Collins, CPW
2 This is also an enhancement measure in Plan Section 5.3.3.
Page 425
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 5 of 10
intends to start collaring in winter 2024-2025, and will begin necessary
planning and purchasing in spring of 2024. Any delay in treatments
resulting from CPW’s actions or inactions shall not require a delay in Fort
Collins’ construction schedule.; however, any delay resulting from force
majeure as described in Paragraph 19 may require modification of
construction schedule if necessary to meet the intent and purpose of the
treatment for mitigation purposes.
7.2.3. For preconstruction monitoring, CPW will collar up to 15 bighorn sheep
with GPS collars. Preconstruction monitoring data will be considered
viable for up to 5 years. In the event that the construction schedule is
delayed, a second round of preconstruction monitoring will be required at
least one year before commencement of construction.
7.2.4. To monitor bighorn sheep during and after construction, CPW will continue
monitoring up to 15 bighorn sheep with GPS collars, which may require
replacing collars and adding new collars as needed. The post construction
monitoring will continue for 2 years following completion of construction.
8. CONSTRUCTION SCHEDULE. The bighorn sheep habitat improvements addressed
in Paragraph 7.1 and the bighorn sheep collaring study addressed in Paragraph 7.2 are intended
to begin at least two years before the commencement of construction on the Halligan Project;
however, the benefits of each measure will decrease if conducted too far in advance or if
construction is delayed or prolonged. Fort Collins currently anticipates that construction of the
Halligan Project will start in 2026-2027 and run through 2030. Any significant deviation from
the expected construction schedule at the time of this Agreement may require amendment of
this Agreement and additional funds to meet the intent and purposes of the Plan. The Parties
agree that if the construction schedule is extended after CPW has initiated either the cheatgrass
treatment or collaring study, CPW and Fort Collins will discuss whether additional funding is
necessary to meet the intent and purposes of the Plan.
9. TRANSFER OF FUNDS.
9.1. Inflation. All payments set forth in the Plan were provided in 2022 dollars based
on calculations made when the Plan was developed. . All payments included in this
Agreement have been increased from the amounts in the Plan by the amount of the
annual percentage increase in the U.S. Bureau of Labor and Statistics Consumer
Price Index for Denver-Aurora-Lakewood (CPI-U) from January 2023 to the date
of payment identified herein, so that no further adjustment is needed These funds
will be placed in the Wildlife Cash Fund, and the principal and interest shall only
be used in accordance with the purposes designated herein.
10. ASSIGNMENT.
Page 426
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 6 of 10
10.1. If Fort Collins conveys the Halligan Project to another entity, Fort Collins may
assign its rights and obligations under this Agreement to the entity acquiring the
Halligan Project with written notice to CPW.
11. REMEDIES.
11.1. If a Party (“Complaining Party”) believes that another Party (“Responding Party”)
has failed to comply with the provisions of this Agreement, the Complaining Party
will provide written notification of the same to the Responding Party. If the
Responding Party fails to achieve compliance within thirty-five (35) days following
receipt of such notice, the Complaining Party may require mediation of the issue(s)
under Paragraph 11.2.
11.2. If mediation is sought following the procedures of Paragraph 11.1, the Parties shall
jointly select a mediator within 35 days following the Complaining Party’s written
notice to require mediation. The selection of the mediator shall be confirmed in
writing. If the Parties cannot jointly select a mediator, each Party shall select a
mediator within 42 days following the Complaining Party’s written notice to
require mediation and the two selected mediators shall then jointly select a third
person to mediate the issue(s) within 56 days following the Complaining Party’s
written notice to require mediation, who shall be impartial as to the Parties and the
issue(s) and have mediation experience. The Parties agree to participate in good
faith in such mediation.
11.3. Following the good faith completion of mediation under Paragraph 11.2 or if the
two selected mediators are unable to jointly select a third person to mediate the
issue(s), the Complaining Party may seek all such remedies available under
Colorado law, excluding any exemplary and/or consequential damages.
12. FISCAL CONTINGENCY. Notwithstanding any other provisions of this Agreement to
the contrary, the obligations of Fort Collins and CPW in fiscal years after the fiscal year of this
Agreement shall be subject to appropriation of funds sufficient and intended therefor, with each
Party having the sole discretion to determine whether the subject funds are sufficient and intended
for use under this Agreement.
13. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement is intended
nor shall be construed as a waiver, either express or implied, of the monetary limits, notice
requirements, immunities, rights, benefits, defenses, limitations and protections available to the
Parties under any applicable law, including but not limited to the Colorado Governmental
Immunity Act, C.R.S.§§ 24-10-101, et. seq., as currently written or hereafter amended or
implemented.
14. RELATIONSHIP OF THE PARTIES. The Parties enter this Agreement as separate and
independent entities and shall maintain such status at all times.
Page 427
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 7 of 10
15. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended to describe rights
and responsibilities only as between the Parties. It is not intended to and shall not be deemed to
confer rights to any persons or entities not named as parties herein.
16. NOTICES. All notices provided for under this Agreement shall be effective when hand-
delivered, sent by electronic mail- read receipt, sent by registered or certified mail - return receipt
requested, or sent by overnight commercial courier as follows:
To Fort Collins: City Manager
City Hall West
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
With copy to: Fort Collins City Attorney
300 LaPorte Avenue; P.O. Box 580
Fort Collins, Colorado 80522-0580
and: Fort Collins Utilities
Executive Director
700 Wood Street; PO Box 580
Fort Collins, Colorado 80522
To CPW: Northeast Region Manager
6060 Broadway
Denver, CO 80216
With copy to: Assistant Director
Aquatic, Terrestrial, and Natural Resources
6060 Broadway
Denver, CO 80216
Any Party hereto may at any time designate a different person or address for purposes of receiving
notice by so informing the other parties in writing. Notice shall be deemed effective upon actual
receipt thereof, or three (3) days after being deposited in the United States mail or accepted by an
overnight delivery service, whichever first occurs.
17. COUNTERPARTS. This Agreement may be signed in counterparts.
18. GOVERNING LAW. The Agreement shall be governed by the laws of the State of
Colorado, insofar as any matter is not regulated by applicable laws of the United States.
19. FORCE MAJEURE. No Party hereto shall be considered in default in the performance
of an obligation hereunder to the extent that performance of such obligation is delayed, hindered,
Page 428
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 8 of 10
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded against. Force
majeure includes, but is not limited to, acts of god, fires, riots, pandemics, incendiarism,
interference by civil or military authorities, compliance with regulations or orders of military
authorities, and acts of war (declared or undeclared), provided such cause could not have been
reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include
increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with
regulations or orders of civil authorities.
20. SEVERABILITY. If any provision of this Agreement is held to be invalid or
unenforceable to any extent, the Parties shall meet, confer, and agree on appropriate modifications
to this Agreement to ensure that the original intent, obligations, goals, and purposes of this
Agreement are satisfied.
21. AUTHORITY. Each of the Parties represents to the other Parties that such Party has full
power and authority to execute, deliver, and perform this Agreement, that such Party has taken
the necessary steps that are lawfully required to execute, deliver, and perform this Agreement,
and that the individual(s) executing this Agreement on behalf of such Party are fully empowered
and authorized to do so.
22. ENTIRE AGREEMENT. The making, execution and delivery of this Agreement by the
Parties has been induced by no representations, statements, warranties or agreements other than
those expressed in this Agreement. This Agreement embodies the entire understanding of the
Parties as to the subject matter hereof and there are no further or other agreements or
understandings, written or oral, in effect between the Parties relating to its subject matter unless
expressly referred to in this Agreement. Modification of this Agreement by the Parties may be
made only by a writing signed by the Parties.
[Remainder of Page Left Blank Intentionally]
Page 429
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 9 of 10
CITY OF FORT COLLINS, COLORADO, a municipal corporation
By: ______________________________________ Date:
Kelly DiMartino, City Manager
ATTEST:
By: ______________________________________
Title: ____________________
APPROVED AS TO LEGAL FORM:
By: ______________________________________
Eric Potyondy
Assistant City Attorney
Page 430
Item 19.
EXHIBIT A TO RESOLUTION 2024-031
Page 10 of 10
STATE OF COLORADO, ACTING THROUGH THE DEPARTMENT OF NATURAL
RESOURCES, for benefit and use of the Colorado Division of Parks and Wildlife
By: ________________________________________ Date:
Mark Leslie
Northeast Region Manager
Page 431
Item 19.
Halligan Water Supply Project
FINAL
Fish and Wildlife
Mitigation and Enhancement Plan
Prepared by
with support from
June 7, 2023
Page 432
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan i
June 2023
Contents
Acronyms and Abbreviations .................................................................................................................. v
Key Terminology ................................................................................................................................... vii
Executive Summary ........................................................................................................................... ES-1
1 Introduction ............................................................................................................................ 1-1
1.1 Purpose of this Fish and Wildlife Mitigation and Enhancement Plan ............................ 1-1
1.2 Contents of this Fish and Wildlife Mitigation and Enhancement Plan ........................... 1-2
1.3 Halligan Project Overview ............................................................................................ 1-2
1.3.1 Operations, Storage, and Water Rights ........................................................... 1-7
1.3.2 Estimated Halligan Project Cost....................................................................... 1-9
1.4 Regulatory Framework ................................................................................................ 1-9
1.4.1 National Environmental Policy Act .................................................................. 1-9
1.4.2 Clean Water Act Section 404 ......................................................................... 1-10
1.4.3 Federal Wildlife Regulations .......................................................................... 1-11
1.4.4 State of Colorado .......................................................................................... 1-12
1.4.5 Larimer County ............................................................................................. 1-12
1.4.6 Consultation, Coordination, and Public Input ................................................ 1-13
2 Fort Collins Water Portfolio ..................................................................................................... 2-1
2.1 Existing Water Supply and Demand ............................................................................. 2-1
2.2 Water Conservation and Water Restrictions ................................................................ 2-3
2.3 Future Water Demand ................................................................................................. 2-3
2.4 Related Regional Activities .......................................................................................... 2-4
2.4.1 Shared Vision Planning .................................................................................... 2-4
2.4.2 Fort Collins’ River Efforts ................................................................................. 2-4
2.4.3 Northern Integrated Supply Project ................................................................ 2-5
2.4.4 Poudre Runs Through It .................................................................................. 2-5
2.4.5 Poudre Flows Plan........................................................................................... 2-5
2.4.6 Wildfire Recovery and Monitoring Efforts ....................................................... 2-6
2.4.7 Coalition for the Poudre River Watershed ....................................................... 2-6
2.4.8 Preble’s Meadow Jumping Mouse Site Conservation Team ............................. 2-7
2.4.9 Platte River Species ......................................................................................... 2-7
3 Fish and Wildlife Conditions and Impacts ................................................................................ 3-1
3.1 Basis of Halligan Project Effects ................................................................................... 3-1
3.2 Resources Evaluated.................................................................................................... 3-2
3.3 Surface Water Hydrology ............................................................................................. 3-2
3.3.1 Current Conditions for Surface Water Hydrology ............................................ 3-3
3.3.2 Halligan Project Effects on Surface Water Hydrology ....................................... 3-3
3.4 Surface Water Quality ................................................................................................. 3-6
3.4.1 Current Conditions for Surface Water Quality ................................................. 3-6
Page 433
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan ii
June 2023
3.4.2 Halligan Project Effects on Surface Water Quality ........................................... 3-6
3.5 Aquatic Resources ..................................................................................................... 3-11
3.5.1 Current Conditions for Aquatic Resources ..................................................... 3-11
3.5.2 Halligan Project Effects on Aquatic Resources ............................................... 3-13
3.5.3 Wetlands ...................................................................................................... 3-15
3.6 Terrestrial Wildlife Including Big Game ...................................................................... 3-15
3.6.1 Current Conditions for Big Game ................................................................... 3-16
3.6.2 Current Conditions for Other Wildlife............................................................ 3-16
3.6.3 Halligan Project Effects on Big Game and Other Wildlife ............................... 3-16
3.7 Rocky Mountain Bighorn Sheep ................................................................................. 3-19
3.7.1 Current Conditions for Bighorn Sheep ........................................................... 3-19
3.7.2 Lone Pine Herd Additional Data Evaluation ................................................... 3-19
3.7.3 Lone Pine Herd Management Challenges ...................................................... 3-21
3.7.4 Halligan Project Effects on Rocky Mountain Bighorn Sheep ........................... 3-22
3.8 Special-status Species ................................................................................................ 3-23
3.8.1 Current Conditions for Federally Listed Species ............................................. 3-24
3.8.2 Current Conditions for State-listed Species ................................................... 3-25
3.8.3 Halligan Project Effects on Federally Listed Species ....................................... 3-28
3.8.4 Halligan Project Effects on State-listed Species.............................................. 3-29
3.9 Recreation ................................................................................................................. 3-31
3.9.1 Current Conditions ........................................................................................ 3-31
3.9.2 Halligan Project Effects on Recreation and Public Access ............................... 3-33
3.9.3 Evaluation of Future Public Use of the Enlarged Halligan Reservoir ............... 3-34
4 Proposed Fish and Wildlife Mitigation Plan............................................................................. 4-1
4.1 Mitigation Approach.................................................................................................... 4-1
4.1.1 Regulatory Mitigation Categories .................................................................... 4-2
4.1.2 Changes from DEIS Conceptual Mitigation Plan ............................................... 4-2
4.2 Avoidance and Minimization ....................................................................................... 4-4
4.2.1 Flow-related Operational Measures ................................................................ 4-4
4.2.2 Infrastructure Design Measures .................................................................... 4-19
4.2.3 Construction-related Measures ..................................................................... 4-20
4.2.4 Overhead Power Line and Pole Relocation .................................................... 4-31
4.2.5 Halligan Reservoir Sediment Management Plan ............................................ 4-31
4.3 Compensatory Mitigation Measures .......................................................................... 4-32
4.3.1 Preservation as Early Compensatory Mitigation Measure.............................. 4-32
4.3.2 Fish Passage at the Fort Collins Intake at Gateway Park................................. 4-35
4.3.3 Compensatory Mitigation for Halligan Project Impacts on Bighorn Sheep ..... 4-35
4.3.4 Compensatory Mitigation for Halligan Project Impacts on Stream
Temperature ................................................................................................. 4-36
4.3.5 Compensatory Mitigation for Halligan Project Impacts on Wetlands ............. 4-36
4.3.6 Special-status Species ................................................................................... 4-36
Page 434
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan iii
June 2023
4.3.7 Recreational Resources ................................................................................. 4-37
4.3.8 Instream Water Rights .................................................................................. 4-39
4.4 Mitigation Costs and Schedule ................................................................................... 4-39
5 Proposed Fish and Wildlife Enhancement Plan ....................................................................... 5-1
5.1 Enhancement Measures .............................................................................................. 5-1
5.1.1 Aquatic Resources Enhancements ................................................................... 5-1
5.2 Surface Water Quality Enhancement ........................................................................... 5-5
5.2.1 Sediment-related Operational Measures......................................................... 5-5
5.2.2 Passive Aeration in Outlet Structure ................................................................ 5-5
5.2.3 Terrestrial Resources Enhancements............................................................... 5-6
5.3 Fort Collins Ecological Resource Monitoring ................................................................ 5-6
5.3.1 Streamflow Monitoring ................................................................................... 5-6
5.3.2 Sediment, Macroinvertebrates, and Water Quality Monitoring ....................... 5-7
5.3.3 Bighorn Sheep Collaring Study ........................................................................ 5-7
5.4 Enhancement Costs and Schedule ............................................................................... 5-7
6 References .............................................................................................................................. 6-1
Appendixes
Appendix A Mapbook
Appendix B Summary of Mitigation Measures
Appendix C Surface Water Quality Supplemental Information
Appendix D Water Quality Sampling Location Maps
Appendix E Parks and Wildlife Commissioner and Public Comment Summary
Appendix F FWMEP Virtual Open House Public Comments
Tables
Table 1-1. Estimated Halligan Project Costs Shown in 2022 Dollars ....................................................... 1-9
Table 3-1. Summary of Halligan Project Effects on Riffle and Pool Complexes ..................................... 3-15
Table 3-2. Cumulative, Permanent, and Temporary Impacts of Halligan Project on Big Game
Habitat................................................................................................................................... 3-18
Table 3-3. Summary of DEIS Impact Evaluation of Halligan Project on Species of Concern ................... 3-23
Table 3-4. 2021 Bat Survey Results ..................................................................................................... 3-26
Table 4-1. Ramping Rate Limitations for Decreasing Releases from Fort Collins’ Portion of an
Enlarged Halligan Reservoir[a] ................................................................................................. 4-12
Table B-1. FWMEP Measures and Costs ................................................................................................ B-1
Table C-2. Median and 85th Percentiles of Total Iron and Dissolved Iron Data ...................................... C-9
Figures
Figure 1-1. Overview of Halligan Project Elements and Other Infrastructure ......................................... 1-4
Figure 1-2. Overview of the Halligan Existing and Enlarged Surface Areas ............................................. 1-5
Figure 1-3. Proposed Halligan Dam Footprint and Construction Areas .................................................. 1-6
Figure 2-1. Fort Collins Utilities Water Supply System ........................................................................... 2-2
Page 435
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan iv
June 2023
Figure 3-1. Average Monthly Residence Times With and Without the Halligan Project Based on
Common Technical Platform Flows, 1980–2005 ....................................................................... 3-8
Figure 3-2. Average Monthly Percentage of Flow from the North Fork on the Main Stem below the
North Fork Confluence[a] ........................................................................................................ 3-11
Figure 3-3. Halligan Project Elements and Bighorn Sheep Suitable Habitat .......................................... 3-20
Figure 3-4. Sections 29 and 32 on the Western Edge of Halligan Reservoir .......................................... 3-32
Figure 4-1. North Fork, Zero-Flow in Phantom Canyon, May 2002 ........................................................ 4-6
Figure 4-2. North Fork, Zero-Flow Conditions below Calloway Diversion, August 2018 .......................... 4-9
Figure 4-3. Foraging Elk Herd .............................................................................................................. 4-20
Figure 4-4. Ute Ladies’-tresses Orchid ................................................................................................. 4-21
Figure 4-5. Townsend’s Big-Eared Bat ................................................................................................. 4-21
Figure 4-6. Raptor Nesting Platform in Laporte, Colorado ................................................................... 4-22
Figure 4-7. Proposed Construction Schedule to Avoid and Minimize Bighorn Sheep Disturbance at
North Poudre Canal and Calloway Diversions ......................................................................... 4-28
Figure 4-8. Land Ownership and Mitigation Areas around Halligan Reservoir ...................................... 4-34
Figure 4-9. Fort Collins Intake at Gateway Park ................................................................................... 4-35
Figure 5-1. North Poudre Canal Diversion Structure .............................................................................. 5-3
Figure 5-2. Calloway Diversion Structure .............................................................................................. 5-4
Figure C-1. Bathymetric Map of Halligan Reservoir (Based on 2003 Survey) at Existing Full Pool ........... C-2
Figure C-2. Average Monthly Residence Time in Halligan Reservoir (Based on Observed Release Rates
and Storage Volumes from 2010 to 2018) ................................................................................ C-2
Figure C-3. Dissolved Oxygen Profiles in Halligan Reservoir (2021) ........................................................ C-3
Figure C-4. Observed Chlorophyll a Concentrations in Halligan Reservoir (2016 to 2019) ...................... C-3
Figure C-5. Example Dissolved Oxygen Profiles from Seaman Reservoir, 2019 ....................................... C-4
Figure C-6. Example Profile Pair from Halligan Reservoir Showing Temperature Exceedance and No
Adequate Refuge; July 10, 2018 ............................................................................................... C-5
Figure C-7. Hardness across the North Fork, 2016-2019 ........................................................................ C-6
Figure C-8. Example of Thermal Shock below Halligan Dam (NBH), 2017 ............................................... C-7
Figure C-9. Observed Weekly Average Temperatures across the North Fork on a Typical Summer
Day with Bottom Releases from Halligan Reservoir, 7/19/2019 ................................................ C-8
Figure C-10. Observed Daily Maximum Temperatures across the North Fork on a Typical Summer
Day with Bottom Releases from Halligan Reservoir, 7/19/2019 ................................................ C-8
Figure C-11. Weekly Average Temperatures on Select Summer Days in 2018 across the Main Stem
Focus Reach ........................................................................................................................... C-11
Figure C-12. Daily Maxima on Select Summer Days in 2018 across the Main Stem Focus Reach .......... C-11
Figure C-13. Average Monthly Percentage of Flow from the North Fork on the Main Stem below
the North Fork Confluence (based on observed flows 2009–2018) ......................................... C-13
Figure C-14. Diagram of Geologic Zones of the Poudre River Main Stem Focus Reach ......................... C-14
Figure C-15. Poudre River Fraction of Flow by Source, 2016 Monthly Averages................................... D-15
Figure D-1. Water-Quality Sampling Locations on the North Fork below Halligan Reservoir and its
Tributaries ............................................................................................................................... D-1
Figure D-2. Macroinvertebrate and Pebble Count Sampling Sites on the North Fork ............................. D-2
Figure D-3. Water Quality Sampling Locations along the Poudre River .................................................. D-3
Figure D-4. Temperature Gages along the North Fork and Poudre River ............................................... D-4
Page 436
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan v
June 2023
Acronyms and Abbreviations
Term Definition
2008 Mitigation Rule 2008 U.S. Army Corps of Engineers, Compensatory Mitigation for Losses
of Aquatic Resources; Final Rule
bighorn sheep Rocky Mountain bighorn sheep
BLM U.S. Department of the Interior Bureau of Land Management
BMP best management practice
C-BT Colorado–Big Thompson, in reference to the C-BT Project
CCR Code of Colorado Regulations
CDNR Colorado Department of Natural Resources
CDPHE Colorado Department of Public Health and Environment
CFR Code of Federal Regulations
cfs cubic feet per second
CMP Conceptual Mitigation Plan
Coalition Coalition for the Poudre River Watershed
Commission Parks and Wildlife Commission
Corps U.S. Army Corps of Engineers
CPW Colorado Parks and Wildlife
CRS Colorado Revised Statute
CWA Clean Water Act
CWCB Colorado Water Conservation Board
DAU data analysis unit
DEIS Draft Environmental Impact Statement
DM daily maximum
DO dissolved oxygen
DWR Colorado Department of Water Resources
EIS Environmental Impact Statement
EPA U.S. Environmental Protection Agency
ESA Endangered Species Act
FEIS Final Environmental Impact Statement
Fort Collins City of Fort Collins, acting through its Fort Collins Utilities
FR Federal Register
FWMEP Fish and Wildlife Mitigation and Enhancement Plan
GIS geographic information system
GMU Game Management Unit
GPS global positioning system
Halligan Project, Project Halligan Water Supply Project
LAPCR Landowners Association for Phantom Canyon Ranches
Main Stem Main Stem of the Cache la Poudre River
MLOW multilevel outlet works
Page 437
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan vi
June 2023
Term Definition
MMI macroinvertebrate multimetric index
NEPA National Environmental Policy Act
NISP Northern Integrated Supply Project
North Fork North Fork of the Cache la Poudre River
North Fork confluence confluence of the North Fork and Main Stem
Northern Water Northern Colorado Water Conservancy District
NPIC North Poudre Irrigation Company
NRCS Natural Resources Conservation Service
Poudre River Cache la Poudre River
Preble’s Preble’s meadow jumping mouse
ROD Record of Decision
SPWRAP South Platte Water Related Activities Program
SAM species activity mapping
SWA State Wildlife Area
SWAP State Wildlife Action Plan
TEP temporary environmental pool
TNC The Nature Conservancy
TMDL total maximum daily load
U.S., US United States
U.S.C. United States Code
USFWS United States Fish and Wildlife Service
WQCD Water Quality Control Division
Page 438
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan vii
June 2023
Key Terminology
Key terminology used throughout this report is defined in this section and is listed in alphabetic order. If
a citation is listed, the definition provided is directly from that regulatory reference.
Best Management Practices. Best management practices (BMPs) refer to structural and non-structural
methods, measures, or practices implemented to prevent, reduce, or mitigate adverse impacts resulting
from construction and operation of a project. BMPs may also be called control measures.
Poudre River-related Terminology:
Exchange Reach. For purposes of this Fish and Wildlife Mitigation and Enhancement Plan (FWMEP),
the Exchange Reach is defined as the segment of the Main Stem between its confluence with the
North Fork and the Fort Collins Intake(s): the Fort Collins Intake and Munroe Gravity Canal are
located approximately 0.6 river mile and 1.5 river miles upstream of the North Fork confluence,
respectively. Exchanges are a unique type of water right. They are, in essence, a trade where water
is diverted at upstream locations when an equal amount of water is delivered to or released at
downstream locations.
Main Stem. In this FWMEP, the Main Stem refers to the portion of the Poudre River from the
Munroe Diversion to the confluence with the South Platte River.
Cooperating Agency. In the Draft Environmental Impact Statement (EIS) (Section 1.2), the United States
(U.S.) Army Corps of Engineers (Corps) refers to cooperating agencies pursuant to 40 Code of Federal
Regulations (CFR) Section 1501.8. The regulation states: “Upon request of the lead agency, any other
Federal agency with jurisdiction by law shall be a cooperating agency. In addition, any other Federal
agency which has special expertise with respect to any environmental issue may be a cooperating
agency. A State, Tribal or local agency of similar qualifications may become a cooperating agency by
agreement with the lead agency.”
Ecological Function. Ecological function is defined as the work performed or role played individually or
collectively by the physical, chemical, and biological processes that contribute to the maintenance of the
aquatic and terrestrial environments that constitute the natural environment (Law Insider n.d.).
Enhancement-related Terminology:
Enhancement. Colorado Parks and Wildlife’s (CPW’s) rules and regulations for fish and wildlife
mitigation and enhancement plans pursuant to Colorado Revised Statute (CRS) 37-60-122.2 define
enhancement as “the improvement of the total value of fish and wildlife resources affected by the
project beyond that required by mitigation and beyond that which would occur without the project”
(2 Code of Colorado Regulations [CCR] 406-16). This involves activities conducted within existing
aquatic or other resources that heighten, intensify, or improve one or more functions of the
resource. Enhancement is often implemented for a specific purpose, such as to improve water
quality, flood water retention, or wildlife habitat.
Enhancement Plan. CPW’s rules and regulations for fish and wildlife mitigation and enhancement
plans pursuant to CRS 37-60-122.2 define an enhancement plan as a “document describing the
measures to be completed by the applicant which will enhance fish and wildlife resources beyond
that which would occur without the project. It includes a cost estimate for the implementation of
the plan and a schedule for completion” (2 CCR 406-16). Fort Collins’ enhancement plan is set forth
in Chapter 5 of this FWMEP.
Page 439
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan viii
June 2023
Environmental Effect/Impacts. An environmental effect or impact is defined as any change to the
environment, whether adverse or beneficial, resulting from an action taken.
Direct effects/impacts are those that would result directly from implementing the Halligan Water
Supply Project (Halligan Project). Most direct effects would occur from construction and from
inundation by the enlarged Halligan Reservoir.
Indirect effects/impacts are those that result from the Halligan Project but occur later in time or are
farther removed in distance. The primary indirect effects would be associated with Project-related
flow changes in the North Fork and the Main Stem.
Flow-Related Operational Measures. These are measures that would re-establish a perennial flow
regime of 3 cubic feet per second (cfs) to 5 cfs or more to the North Fork below the enlarged Halligan
Reservoir, minimize abrupt changes to flows that would otherwise result from Fort Collins’ operations,
and allow for a portion of the hydrologic peak flows to bypass the enlarged reservoir when Fort Collins
could otherwise be diverting water to storage. These measures include the Winter Release Plan,
Summer Low-flow Plan, Ramping Rate Limitations, and Peak Flow Bypass Program.
Fort Collins. The proponent of the Halligan Project is the City of Fort Collins, acting through Fort Collins
Utilities.
Fort Collins Intake(s). Two diversions are located on the Main Stem where Fort Collins diverts water
for municipal purposes. The two diversions that deliver water to Fort Collins’ Water Treatment
Facility are:
Fort Collins Intake. Diversion on the Main Stem located approximately 0.6 river mile upstream of
the North Fork confluence, which diverts water into the Fort Collins pipeline.
Munroe Canal. Diversion on the Main Stem located approximately 1.5 river miles upstream of the
North Fork confluence, which delivers Fort Collins’ water into the Pleasant Valley Pipeline.
In the future, releases from Fort Collins’ portion of the enlarged Halligan Reservoir will most likely be
diverted by exchange at the Fort Collins Intakes. Of the approximately 1,700 acre-feet of annual average
releases by Fort Collins under the Halligan Project, about 90 percent are diverted at the Fort Collins
Intake and about 10 percent are diverted at Munroe Canal.
Inherent Benefits. These are beneficial effects on natural resources as a result of the Halligan Project,
including but not limited to ecological benefits resulting from flow-related operational measures and the
natural re-establishment of wetland and riparian communities at the enlarged reservoir shoreline and
on the North Fork.
Linkage Area. Is being used to describe habitat that successfully moves animals across fracture zone.
Fracture zones are highways, railroads, and similar potential barriers to wildlife movement and the
adjacent development of private lands. So, even though use may vary by season of year or not it is still
used as a movement or linkage area connecting two blocks of viable, suitable, and used habitat
(Interagency Grizzly Bear Committee Public Lands Wildlife Linkage Task Force 2004).
Mitigation-related Terminology:
Mitigation. CPW’s rules and regulations for fish and wildlife mitigation and enhancement plans
under CRS 37-60-122.2 define mitigation as “any action or measures taken to address undesirable
project impacts on fish and wildlife resources which may be accomplished in several ways, including
reducing, minimizing, rectifying, compensating, or avoiding impacts” (2 CCR 406-16). As used in this
FWMEP, mitigation includes:
Page 440
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan ix
June 2023
Avoidance. These are measures undertaken to avoid adverse impacts of a project, such as
design refinements to reduce the project footprint (U.S. Environmental Protection Agency [EPA]
1990).
Minimization. This consists of measures undertaken to minimize adverse impacts through
project modifications and permit conditions (40 CFR Sections 230.70–77).
Compensatory Mitigation. This means any action or measures taken to address unavoidable
project impacts on fish and wildlife resources after all appropriate and practical avoidance and
minimization measures have been implemented. This may be accomplished in several ways,
including rectifying or compensating impacts.
Early Mitigation. These are mitigation efforts initiated by Fort Collins before construction and
operation of the Halligan Project, or in some cases before developing this FWMEP.
Mitigation Plan. CPW’s rules and regulations for fish and wildlife mitigation and enhancement plans
developed pursuant to CRS 37-60-122.2 define a mitigation plan as a “document describing the
measures to be completed by the applicant which will mitigate losses to fish and wildlife resources
resulting from the project. It includes a cost estimate for the implementation of the plan and a time
schedule for completion.” (2 CCR 406-16). Fort Collins’ mitigation plan is set forth in Chapter 4 of
this FWMEP.
Preservation. This involves permanently protecting ecologically important aquatic or other
resources by implementing appropriate legal and physical mechanisms, such as conservation
easements and title transfers. Preservation of aquatic resources may include protecting upland
areas adjacent to aquatic resources as necessary to ensure protection or enhancement of the
aquatic ecosystem (2008 Mitigation Rule [USACE 2008]; 73 Federal Register [FR] 19593).
Restoration. This is defined as reestablishing or rehabilitating an aquatic or other resource with the
goal of returning natural or historical functions and characteristics to a former or degraded
resource. Restoration may result in a gain in resource function, acres, or both (2008 Mitigation Rule;
73 FR 19593).
Monitoring-Related Terminology:
Baseline Assessments. This consists of assessments undertaken before project implementation to
document existing conditions in order to understand how resources may be affected by the project
or are the subject of mitigation measures before mitigation and/or enhancement actions are taken.
Construction Compliance Monitoring. This consists of monitoring undertaken to evaluate whether
construction-related avoidance and minimization measures are being implemented.
Mitigation Compliance Monitoring. This involves monitoring undertaken to evaluate whether
compliance with the compensatory mitigation requirements are being met.
Voluntary Enhancement Monitoring. This consists of monitoring that Fort Collins would perform
voluntarily and that does not directly relate to monitoring required to evaluate compliance.
Project. The Halligan Water Supply Project is also referred to as the “Halligan Project” in this FWMEP,
which primarily entails the enlargement of Halligan Reservoir, construction of the replacement Halligan
Dam, and replacement of the North Poudre Canal Diversion. The Project is referred to as Fort Collin’s
“Proposed Action” in the National Environmental Policy Act (NEPA) process and associated EIS.
Halligan Project Area. This term is used to describe the general area of Project construction and the
area affected by operations of the enlarged Halligan Reservoir. The Halligan Project Area refers generally
Page 441
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan x
June 2023
to the area of the enlarged Halligan Reservoir; the North Poudre Canal Diversion; the North Fork
downstream of Halligan Reservoir to the confluence with the Main Stem; the Exchange Reach; and areas
temporarily or permanently affected by construction activities, plus a 0.5-mile buffer for noise, visual, or
vibratory disturbance. The Halligan Project Area also includes roads that would be temporarily widened
to provide access for construction of the Halligan Project. The Halligan Project Area does not include
mitigation sites that are not adjacent to the areas listed in this section (refer to Section 1.3).
Page 442
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan ES-1
June 2023
Executive Summary
The City of Fort Collins, acting through Fort Collins Utilities (Fort Collins), is pursuing the Halligan Water
Supply Project (Halligan Project or Project), a municipal water supply project. Implementation of the
Halligan Project requires various regulatory approvals, including federal permitting processes
administered by the United States (U.S.) Army Corps of Engineers (Corps) under the Clean Water Act
(CWA) and the National Environmental Policy Act (NEPA). A Draft Environmental Impact Statement
(DEIS) was issued by the Corps for the Halligan Project on November 22, 2019 and serves as the basis for
documenting current conditions and impacts. Fort Collins has prepared this Fish and Wildlife Mitigation
and Enhancement Plan (FWMEP) in coordination with Colorado Parks and Wildlife (CPW) staff pursuant
to Colorado Revised Statute (CRS) 37-60-122.2 and applicable rules and regulations (2 CCR] 406-16).
The Halligan Project Overview. The Halligan Project primarily involves enlarging the existing Halligan
Reservoir on the North Fork of the Cache la Poudre River (North Fork), located approximately 25 miles
northwest of Fort Collins. The existing Halligan Reservoir currently supplies water to shareholders of the
North Poudre Irrigation Company (NPIC), which would continue to use and operate the historical
reservoir pool. Fort Collins would store its water in the enlarged portion of the reservoir. Fort Collins’
water would primarily come from water rights historically used to irrigate now-developed lands in the
Fort Collins area that have been transferred to municipal use. Existing infrastructure would be used to
deliver water from the enlarged reservoir pool to Fort Collins’ water treatment facility.
Since the release of the DEIS in November 2019, Fort Collins has modified their Proposed Action from
rehabilitation and raising of the existing dam to constructing a new dam, which is also referred to as the
replacement dam. Halligan Reservoir would be enlarged by replacing the existing 114-year-old dam, as
of 2023, with a new dam constructed approximately 200 feet downstream of the existing dam. The
replacement dam would raise the existing reservoir elevation by approximately 25 feet, to increase the
total water storage capacity by approximately 8,200 acre-feet, for a total enlarged reservoir volume of
approximately 14,600 acre-feet. Enlarging the reservoir would increase the current surface area of
Halligan Reservoir from 253 to 391 acres.
Fort Collins would release its water from the enlarged reservoir into the North Fork below the dam.
Fort Collins’ releases would be conveyed approximately 24 miles in the North Fork to its confluence with
the Main Stem of the Cache la Poudre River (Main Stem). Using an exchange, Fort Collins would then
divert a like amount of water at either of the two Fort Collins Intakes on the Main Stem, located
approximately 0.6 river mile and 1.5 river miles upstream.
The Halligan Project also includes rebuilding the existing North Poudre Canal Diversion located on the
North Fork approximately 6 river miles downstream of Halligan Reservoir. The replacement ensures that
Fort Collins’ releases from the enlarged Halligan Reservoir would bypass the diversion and remain in the
North Fork.
In the DEIS Section 1.4.2, the Corps defined Fort Collins’ purpose and need for the Halligan Project as “to
provide additional system firm yield for Fort Collins in order to satisfy an additional need of
approximately 7,900 acre-feet per year to meet its projected approximate 2,065 municipal and
industrial demands with water of a quality comparable to the water now delivered to its customers.” In
addition, the Halligan Project ensures that Fort Collins can satisfy future water supply and demands by
providing a storage reserve for emergency water supply, increasing drought security, and improving
water system reliability and flexibility.
The Fish and Wildlife Mitigation and Enhancement Plan. This FWMEP was developed in collaboration
with CPW staff pursuant to CRS 37-60-122.2 and applicable regulations (2 CCR 406-16). In addition to
Page 443
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan ES-2
June 2023
describing the Halligan Project and its context, this FWMEP includes both a mitigation plan (Chapter 4)
and an enhancement plan (Chapter 5).
Fort Collins understands that CPW staff’s interpretation of these regulations are that only a portion of
Fort Collins’ mitigation and enhancement measures will be considered to be part of the Parks and
Wildlife Commission’s (Commission’s) proposed mitigation recommendation for purposes of CRS
Section 37-60-122.2 and 2 CCR 406-16. Fort Collins also understands that CPW staff’s interpretation is
that the Commission acknowledges the importance and value of all mitigation and enhancement
measures as described in Fort Collins’ Modified Proposed Action and required by other agencies, but
distinguishes a different category of which the Commission is recommending on top of, or in addition to
those measures proposed within the Modified Proposed Action and required by other agencies.
Fort Collins desires to complete this process for the FWMEP and has thus not taken a position on CPW
staff’s interpretation.
This FWMEP thus includes a comprehensive description of all of Fort Collins’ planned mitigation and
enhancement measures for the Halligan Project that are related to fish and wildlife. Some of these
commitments and measures are included as part of Fort Collins’ Modified Proposed Action for its federal
permitting requirements in the Final EIS, and some of these commitments and measures were
developed for purposes of this FWMEP. As such, Fort Collins’ total estimated mitigation and
enhancement costs for all measures, as well as CPW’s interpretation of what are attributable to the
Commission’s recommendations pursuant to CRS Section 37-60-122.2 are presented as part of this
FWMEP. All cost commitments presented in the FWMEP are depicted in 2022 dollars and will be
increased in the amount of the U.S. Bureau of Labor Statistics Consumer Price Index for Denver-Aurora-
Lakewood from January 1, 2023 to the date of final payment under the FWMEP obligation.
Chapters 1 and 2. These sections provide an overview and summary of the Halligan Project and its
context. Chapter 1 includes information regarding current operations at Halligan Reservoir and along the
North Fork, as well as proposed future operations after the reservoir is enlarged. Chapter 1 also provides
current estimated costs and an overview of the regulatory framework. Chapter 2 describes Fort Collins’
water portfolio and extensive water conservation efforts. Additional and more detailed technical
information and analyses are provided in the Corps’ DEIS and its technical reports (Corps 2019).
Chapter 3. This section summarizes fish and wildlife conditions in the Halligan Project Area and effects
of the Halligan Project. Since completion of Halligan Reservoir in 1909, operations of Halligan Dam and
the North Poudre Canal Diversion have significantly and adversely affected river flows in the North Fork
and impaired downstream aquatic habitats.
The Halligan Project effects described in this FWMEP are based on detailed evaluations in the DEIS and
supporting technical reports, and further analyses conducted since the DEIS. Most Halligan Project
permanent impacts would occur from inundation by the enlarged reservoir along a portion of the North
Fork upstream of the reservoir, including a Colorado Water Conservation Board (CWCB) instream flow
water right, and at the footprint of the replacement dam. Temporary impacts would occur from
construction activities, including access and materials mobilization and stockpiling, at the replacement
dam and at the North Poudre Canal Diversion. Minor indirect impacts are anticipated for the North Fork
between Halligan Reservoir. As well as minor indirect impacts for the Mainstem in the form of reduced
runoff flows while diverting water to storage in the enlarged reservoir and for the Main Stem in the form
of reduced flows within the Exchange Reach when Halligan Releases are being diverted by exchange into
the Fort Collins Intakes. This FWMEP also addresses additional concerns regarding the Halligan Project
that were identified by CPW staff during Project consultations.
Page 444
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan ES-3
June 2023
Chapter 4. The mitigation plan describes the measures that would be used to avoid and minimize
Project impacts on fish and wildlife resources, as well as measures that would be used to compensate
for unavoidable impacts on fish and wildlife resources. Key measures include:
• Flow-related operational measures, including the following:
– Winter Release Plan to provide continuous releases of 3 cubic feet per second (cfs) from the
enlarged reservoir to the North Fork from October 1 through April 30 each year
– Summer Low-Flow Program to maintain a continuous flow of at least 5 cfs in the approximately
22 miles of the North Fork between Halligan Dam and Seaman Reservoir from May 1 to
September 30 each year
– Ramping rate limitations on Fort Collins’ operations to gradually change flow rates associated
with diversions and releases from the enlarged reservoir
– Peak Flow Bypass Program to maintain historical peak flushing flows for at least 3 days
• Operational measures for sediment management, such as construction-related sediment controls
and the Peak Flow Bypass Program
• Infrastructure design measures, including the following:
– Design of new replacement Halligan Dam with redundancy in operation function
– Enlarged outlet conduit to allow for the peak flow bypass
– Design of the partial or total demolition of the existing Halligan Dam and features that remain in
place, the details of which are not known at this time
• Construction-related measures, including the following:
– Best management measures, including control of erosion, dust, stormwater, and waste
– Preconstruction surveys for certain federal- and state-listed species, including noxious weeds
– Provide raptor nesting/roosting platforms
– Modified existing infrastructure design for North Poudre Canal Diversion
– Construction timing restrictions at the North Poudre Canal and Calloway Diversions
• Compensatory mitigation for unavoidable Halligan Project impacts on fisheries, water quality and
temperature, terrestrial wildlife, federally and state-listed species, and inundated instream flow
water rights.
– Early mitigation measure consisting of a conservation easement on the 4,557-acre Roberts
Ranch
– Design and construction of features to improve fish passage around the Fort Collins Intake on
the Main Stem
– Bighorn sheep mitigation, including improved food and water access, movement monitoring,
avoiding/minimizing construction impacts, and compensation for mortalities
– Funding for stream restoration as mitigation for stream temperature impacts
Chapter 5. The enhancement plan summarizes the measures that Fort Collins proposes to incorporate
into the Halligan Project that are not required to meet regulatory mitigation needs, but rather would be
implemented to improve existing conditions for fish and wildlife resources in and around the Halligan
Project Area. Key enhancement measures are summarized in this section.
Page 445
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan ES-4
June 2023
• Aquatic resource enhancements including the following:
– Create a temporary environmental pool within Halligan Reservoir
– Provide fish passage around the North Poudre Canal Diversion
– Improve the North Fork channel at the Calloway Diversion and remove some or all elements of
the diversion structure to support flow, sediment transport, and fish movement
– Implement potential future ramping rate limitations for NPIC’s use of the enlarged reservoir
• Terrestrial resource enhancements include the following:
– Restrict domestic sheep and goat grazing on Fort Collins-owned land or on any easements on
lands around Halligan Reservoir during construction
– Advocate cessation of domestic sheep and goat grazing on other lands
• Recreation resource enhancements include the following:
– Reconcile title chain confusion related to certain lands thought to be part of the Cherokee State
Wildlife Area – Middle Unit, with Fort Collins acquiring such lands and conveying an easement to
CPW across these lands for public use
– Fund a public access lease with Roberts Ranch
– Establish parking area outside of the enlarged reservoir inundation area for public access
Page 446
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-1
June 2023
1 Introduction
The City of Fort Collins (Fort Collins) proposes the Halligan Project to meet its strategic objective of
providing a reliable, high-quality water supply. The Halligan Project is a municipal water supply project
designed to provide additional system firm yield for Fort Collins to satisfy its projected municipal and
industrial water demands with water quality comparable to that of the water now delivered to its
customers.
The Halligan Project primarily involves enlargement of the existing Halligan Reservoir and replacement
of the existing North Poudre Canal Diversion. Halligan Reservoir would be enlarged by replacing the
existing 114-year-old dam, as of 2023, with a new dam constructed approximately 200 feet downstream
of the existing dam. The Halligan Project is described in greater detail in the Draft Environmental Impact
Statement (DEIS) Halligan Water Supply Project (United States [U.S.] Army Corps of Engineers
[Corps] 2019) and is referred to as Fort Collins’ “Proposed Action,” with certain aspects relevant to fish
and wildlife discussed in this Fish and Wildlife Mitigation and Enhancement Plan (FWMEP).
1.1 Purpose of this Fish and Wildlife Mitigation and
Enhancement Plan
This FWMEP was developed pursuant to Colorado Revised Statute (CRS) 37-60-122.2 and applicable
rules and regulations (2 Code of Colorado Regulations [CCR] 406-16). This FWMEP sets forth the actions
that Fort Collins would take to mitigate the potential impacts that the Halligan Project may have on fish
and wildlife resources, and to enhance existing conditions in the Halligan Project Area (the general area
of Project construction and the area affected by operations of the enlarged Halligan Reservoir; refer to
the definition in the Key Terminology section and also refer to Figure 1-1). In addition to addressing
Halligan Project impacts, which are based on the DEIS and subsequent analyses, this FWMEP also
addresses additional concerns regarding the Halligan Project that were identified by Colorado Parks and
Wildlife (CPW) staff during Project consultations.
Fort Collins understands that CPW staff’s interpretation is that the Parks and Wildlife Commission
(Commission) acknowledges the importance and value of all mitigation and enhancement measures as
described in Fort Collins’ Modified Proposed Action and required by other agencies but distinguishes a
different category of which the Commission is recommending on top of, or in addition to, those
measures proposed within the Modified Proposed Action and required by other agencies. Therefore, the
Commission’s proposed mitigation recommendation for purposes of CRS 37-60-122.2 and 2 CCR 406-16
may be a subset of Fort Collins’ mitigation and enhancement measures described in this FWMEP.
It is Fort Collins’ understanding that all measures in this FWMEP have been evaluated by CPW staff to
determine what would be recommended by the Commission. Rather than parsing the distinctions
throughout the FWMEP, the categories based on CPW staff’s interpretation are captured in Appendix B,
which shows a distinction between Fort Collins’ total estimated mitigation and enhancement costs and
those CPW’s staff believe are attributable to the Commission’s recommendations via separate cost
columns.
Fort Collins intends to complete the mitigation and enhancement measures developed as part of this
FWMEP, as well as those identified in Clean Water Act (CWA) Section 401 water quality certification and
the Corps CWA Section 404 permit and associated Record of Decision (ROD). It is anticipated that
compliance with the mitigation plan portion of this FWMEP will be attached as permit conditions by the
Corps on the ROD and CWA Section 404 permit, and the mitigation commitments in this FWMEP will be
in addition to any other measures required by other entities.
Page 447
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-2
June 2023
1.2 Contents of this Fish and Wildlife Mitigation and Enhancement
Plan
This FWMEP includes both a mitigation plan and an enhancement plan. The following sections are
included in this FWMEP:
• Chapter 1–Introduction (this chapter) describes the Halligan Project, purpose of the FWMEP,
current operations of Halligan Reservoir, and proposed operations of an enlarged Halligan Reservoir,
water rights, estimated Project cost, and the regulatory framework for the Halligan Project.
• Chapter 2–Fort Collins Water Portfolio summarizes Fort Collins’ existing and future water supply
and demand, as well as demand management through water conservation. Chapter 2 also provides
information about current and related regional activities.
• Chapter 3–Fish and Wildlife Conditions and Impacts describes current conditions and summarizes
the anticipated effects of the Halligan Project on fish and wildlife resources, including inherent
benefits of the Halligan Project.
• Chapter 4–Proposed Fish and Wildlife Mitigation Plan describes the measures that would be used
to avoid and minimize impacts on fish and wildlife resources, as well as those measures that would
be used to compensate for unavoidable impacts on fish and wildlife resources.
• Chapter 5–Proposed Fish and Wildlife Enhancement Plan summarizes the measures that
Fort Collins proposes to voluntarily incorporate into the Halligan Project that exceed the mitigation
requirements and are proposed to improve existing conditions in and around the Halligan Project
Area.
• Chapter 6–References provides detailed references to the works cited in this FWMEP.
Maps of key Project elements and water quality sampling stations are provided in Appendix A and
Appendix D. Appendix B provides a tabular summary of the components of this FWMEP. Appendix C is a
table that lists the mitigation and enhancement measures described in Sections 4 and 5, including the
cost of each item. Appendix E is a memorandum responding to Commissioner and public comments.
Appendix F provides copies of all written public comments received on the FWMEP.
1.3 Halligan Project Overview
The Halligan Project includes enlarging the existing Halligan Reservoir on the North Fork, located
approximately 25 miles northwest of Fort Collins in Larimer County. The location of the Halligan Project
is shown on Figure 1-1. Appendix A provides overview and detailed maps of key Project elements.
Halligan Reservoir would be enlarged by replacing the existing 114-year-old dam, as of 2023, with a new
dam constructed approximately 200 feet downstream of the existing dam. The replacement dam would
raise the existing reservoir elevation by approximately 25 feet to increase the total water storage
capacity by approximately 8,200 acre-feet, for a total enlarged reservoir volume of approximately
14,600 acre-feet. Enlarging the reservoir would increase the current surface area of Halligan Reservoir
from 253 to 391 acres. Figure 1-2 shows the reservoir inundation area at the current and proposed
enlarged ordinary high water mark, and Figure 1-3 presents anticipated construction features, including
the replacement dam infrastructure, access roads, and potential borrow or stockpile areas.
The Halligan Project also includes rebuilding the existing North Poudre Canal Diversion located
approximately 6 river miles downstream of Halligan Reservoir to allow Fort Collins’ releases from the
enlarged Halligan Reservoir to bypass the diversion and remain in the North Fork.
Page 448
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-3
June 2023
The Halligan Project ensures that Fort Collins can satisfy future water supply and demands by:
• Meeting future water demands of the Fort Collins Utilities water service area
• Providing a storage reserve for emergency water supply
• Increasing drought security
• Improving water system reliability and flexibility
Page 449
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-4
June 2023
Figure 1-1. Overview of Halligan Project Elements and Other Infrastructure
(Refer to Appendix A for detailed maps)
Page 450
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-5
June 2023
Figure 1-2. Overview of the Halligan Existing and Enlarged Surface Areas
Page 451
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-6
June 2023
Figure 1-3. Proposed Halligan Dam Footprint and Construction Areas
Page 452
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-7
June 2023
1.3.1 Operations, Storage, and Water Rights
1.3.1.1 Current Operations of Halligan Reservoir
Halligan Reservoir is an existing on-stream reservoir that North Poudre Irrigation Company (NPIC)
constructed in 1909 to supply water to its shareholders. Fort Collins acquired Halligan Reservoir and
certain surrounding lands from NPIC in 2004 pursuant to a 1993 option agreement. Although Fort Collins
owns Halligan Reservoir, the reservoir is currently operated by NPIC and supplies water to NPIC
shareholders only. Water is currently released from Halligan Reservoir and diverted at the North Poudre
Canal Diversion, where it is conveyed in the North Poudre Canal into NPIC’s ditch and reservoir system
for delivery to NPIC shareholders. The 1993 option agreement between Fort Collins and NPIC allows
Fort Collins to enlarge Halligan Reservoir but requires Fort Collins to reconvey the reservoir and
associated lands back to NPIC if Fort Collins abandons the Halligan Project or is otherwise unable to
enlarge the reservoir.
Under current operations, NPIC fills Halligan Reservoir starting in the fall. Filling continues until water
levels reach the dam spillway crest and water spills over the dam into the North Fork. Spilling typically
occurs annually in the spring but can occur as early as December or January. NPIC begins releasing water
to the North Fork from the dam outlet in the spring. NPIC then diverts the releases at the North Poudre
Canal Diversion, which is located approximately 6 river miles downstream of Halligan Dam.
During the irrigation season (summer through early fall), NPIC typically “sweeps” the river by diverting
all flows into North Poudre Canal, the initial portion of which is a tunnel through the canyon wall. Where
the tunnel daylights approximately 1.9 miles downstream, water that NPIC is not entitled to use or that
is in excess of the North Poudre Canal’s capacity is returned to the river through a return structure.
These operations typically result in low-flow conditions, dry-up points, and disconnected pools in the
1.9-mile stretch of the North Fork between the North Poudre Canal Diversion and where some water is
returned (Figure 1-1).
NPIC frequently releases water from Halligan Reservoir at a rate that they can divert into the North
Poudre Canal at the North Poudre Canal Diversion. During the irrigation season, NPIC typically diverts all
water released from Halligan Reservoir, unless spilling at the dam results in a larger amount of water
than can be diverted at the North Poudre Canal.
At the end of the irrigation season, NPIC typically commences diverting water into Halligan Reservoir for
storage and releases from Halligan Reservoir cease. Winter reservoir operations typically result in low-
flow conditions, dry-up points between November and March, and disconnected pools in the North Fork
for approximately 10 miles between Halligan Reservoir and the first downstream tributary, Rabbit Creek
(Figure 1-1).
Dam inspection reports summarize current conditions of the dam, as indicated by the State of
Colorado’s Dam Safety Office. Inspection reports indicate that the existing Halligan Reservoir dam is
currently sound. However, the dam is over 114-years old, as of 2023, and seepage through the dam and
freeze-thaw cycles will continue to degrade the dam and present an increasing safety risk unless it is
rehabilitated. As described in the DEIS, significant construction would be required in the future to
rehabilitate the existing dam if the Halligan Project is not implemented. Design of the replacement
Halligan Dam is underway and involves close coordination with the State of Colorado’s Dam Safety
Office.
1.3.1.2 Proposed Future Operations of the Enlarged Halligan Reservoir
The enlarged Halligan Reservoir would be operated by Fort Collins. Although Fort Collins intends to meet
any operational commitments included in this FWMEP, actual operations of the Halligan Project may
Page 453
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-8
June 2023
change pursuant to applicable permits and approvals, water rights administration, or other things
beyond Fort Collins’ control. No changes to these commitments are anticipated at this time. If
operations of the Halligan Project change significantly from those described in this FWMEP, Fort Collins
and CPW will re-evaluate whether additional mitigation measures are necessary as a result.
The enlarged reservoir would continue to be filled with direct flows from the North Fork. Fort Collins
would generally keep its portion of the enlarged Halligan Reservoir relatively full until the water is
needed to meet demands during droughts or other water supply shortages.
Fort Collins’ future operations of the enlarged Halligan Reservoir have been designed to not only avoid
and minimize potential impacts from the Halligan Project, but also improve the existing conditions of the
North Fork below Halligan Reservoir. Fort Collins’ operations of the enlarged Halligan Reservoir include
year-round releases from the enlarged reservoir to provide flows in the North Fork below Halligan
Reservoir and eliminate dry-up points that are currently found along the North Fork at various times of
the year. These flow-related operational measures are described in detail in Section 4.2.1.
Fort Collins’ releases from the enlarged Halligan Reservoir would be delivered down the North Fork to its
confluence with the Main Stem and typically “exchanged up” to the Fort Collins Intake(s) on the Main
Stem. NPIC would continue to operate its portion of the enlarged Halligan Reservoir, including
diversions, storage, and releases, as it does currently.
Fort Collins would generally use water from Halligan Reservoir to meet demands after other sources of
water are unavailable. The enlarged Halligan Reservoir has no predetermined demand or release
pattern, but in general, releases from the enlarged Halligan Reservoir would occur as follows:
• To meet Fort Collins’ reusable water demand when other reusable water sources are lacking
• During dry periods or other water supply disruptions as needed to meet Fort Collins single-use and
reusable water demands when other Fort Collins’ water sources are unavailable or insufficient
1.3.1.3 Water Rights for Storage in an Enlarged Halligan Reservoir
Fort Collins would use several water rights to fill the enlarged Halligan Reservoir, including the following:
• Changed water rights attributable to shares in the so-called “Southside Ditches” companies (Arthur
Irrigation Company, Larimer County Canal No. 2 Irrigating Company, and New Mercer Ditch
Company)
• The Halligan Reservoir Enlargement conditional water right
• A portion of the one-eighth interest of the Grey Mountain conditional water right
• Changed water rights attributable to shares in the Water Supply and Storage Company
The majority of Fort Collins’ water stored in the enlarged Halligan Reservoir would come from the
changed water rights in the “Southside Ditches” companies that were historically used to irrigate farms
in portions of the Fort Collins area that have since been developed. Fort Collins changed the use of these
water rights and, pursuant to the Water Court decrees approving the changes, Fort Collins must
maintain the return flow patterns associated with the historical irrigation use of these water rights.
Thus, the Halligan Project is, for the most part, not a new demand on the Poudre River system as a
whole1, but instead, a conversion of water use from direct flow irrigation to municipal storage.
1The project will result in flow changes on the North Fork of the Poudre River, but not the overall Poudre system.
Page 454
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-9
June 2023
1.3.2 Estimated Halligan Project Cost
Fort Collins’ Modified Proposed Action would cost an estimated $157.8 million2 (2022 dollars). The
estimated cost includes pre-construction costs (for example, field exploration and design), construction
costs (labor, equipment, materials, and supplies), and land and other acquisition costs. The project cost
estimate does not include costs of mitigation or enhancements (as described in Appendix B), or any
costs related to risk or uncertainty given the limited conceptual design that exists. Table 1-1 provides a
breakdown of the estimated project cost.
Table 1-1. Estimated Halligan Project Costs Shown in 2022 Dollars
Task Estimated cost
Pre-construction[a] $13,865,000
Construction[a] $130,719,000
Permitting & Legal $2,892,000
Land Acquisition $10,315,000
Total $157,791,000
[a] The sum of these two values are presented in Appendix B.
1.4 Regulatory Framework
The Halligan Project has undergone and continues to undergo significant regulatory scrutiny at the
federal, state, and local levels. For final Halligan Project authorization, Fort Collins is required to obtain
numerous federal and state permits, licenses, and approvals as identified in DEIS Section 1.6
(Corps 2019). The following subsections summarize the primary regulatory processes related to the
Halligan Project effects on fish and wildlife, although other approvals and processes may be required
that are not included in this summary.
1.4.1 National Environmental Policy Act
The National Environmental Policy Act (NEPA) requires federal agencies to consider the potential
environmental impacts of proposed actions before authorizing a “major federal action.” The Halligan
Project is considered a “major federal action” because it may significantly affect the human
environment as defined by NEPA. The Halligan Project would discharge fill material into jurisdictional
waters of the U.S. and, thus, also require authorization by the Corps under CWA Section 404, as
described in Section 1.4.2. The Corps Omaha District, Denver Regulatory Office, is the lead federal
agency for the NEPA process and is preparing an Environmental Impact Statement (EIS) to evaluate
potential environmental impacts resulting from the Halligan Project. The Corps will use the EIS in
determining a final permit decision that will be documented in the ROD.
The Corps published a DEIS on November 22, 2019 (Corps 2019) that described analyses of the potential
environmental impacts associated with the Halligan Project. The analyses and DEIS were developed in
compliance with the Council on Environmental Quality’s NEPA regulations (40 Code of Federal
Regulations [CFR] Parts 1500–1508) and the Corps NEPA implementation procedures for its regulatory
program (33 CFR Part 325). The DEIS provides a comparison of the Halligan Project (described there as
2 These values are estimated by the Corps as part of the Halligan Project and done in a similar manner for all Halligan Project alternatives. They do not
reflect all the actual costs to Fort Collins of the Modified Proposed Action. For example, the Corps calculates Permitting & Legal expenses as 2% of Pre-
construction and Construction costs combined when actual expenses have been significantly more to date for Fort Collins.
Page 455
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-10
June 2023
the Proposed Action) and several alternatives to the Halligan Project. The DEIS also addresses factors
relevant to the CWA Section 404(b)(1) guidelines (40 CFR Part 230) and applicable public interest review
criteria identified in 33 CFR Part 320.4. The Corps is currently developing a Final EIS (FEIS) that will
address comments on the DEIS received from the public, resource agencies, and other stakeholders.
The DEIS presents a draft Conceptual Mitigation Plan (CMP) prepared by Fort Collins (City of
Fort Collins 2019c) that includes both mitigation and enhancement measures. Based on public
comments received on the DEIS, comments from Project stakeholders, and discussions with CPW staff,
this FWMEP builds upon and/or replaces many of the aquatic life and terrestrial wildlife components of
the draft CMP. An updated final CMP will be prepared by Fort Collins for the Final EIS.
The U.S. Department of the Interior Bureau of Land Management (BLM) is a cooperating federal agency,
and will determine NEPA adequacy for Project activities or impacts that may occur on BLM lands.
1.4.2 Clean Water Act Section 404
CWA Section 404 regulates the discharge of dredged or fill material into waters of the U.S., including
jurisdictional wetlands. The CWA Section 404 permit program is administered by the Corps with
oversight by the U.S. Environmental Protection Agency (EPA) (EPA 1972). The Halligan Project would
result in a regulated discharge; therefore, Fort Collins is seeking authorization of the discharge under a
CWA Section 404 individual permit.
Projects subject to the CWA Section 404 individual permit process must comply with CWA
Section 404(b)(1) guidelines, which provide direction for evaluating activities regulated under CWA
Section 404. Under the guidelines, “no discharge of dredged or fill material may be permitted if there is
a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic
ecosystem, so long as the alternative does not have other significant adverse environmental
consequences.” To comply with the guidelines, a permit applicant must take all appropriate and
practicable steps to avoid and minimize adverse impacts on waters of the U.S. Compensatory mitigation
may be required to offset any unavoidable impacts and ensure compliance with the CWA Section
404(b)(1) guidelines.
• CWA Section 401 Water Quality Certification— A CWA Section 401 water quality certification is a
state approval process for water quality impacts that is administered by the Water Quality Control
Division of the Colorado Department of Public Health and Environment (CDPHE) to implement CWA
Section 401 (refer to CRS 25-8-302(1)(f)). The CWA Section 401 water quality certification process is
conducted according to Regulation 82 (5 CCR Section 1002-82). Any additional mitigation conditions
or requirements that are required for CWA Section 401 water quality certification will be
incorporated into the CWA Section 404 permit. Fort Collins is collecting data and conducting
additional water quality and temperature analysis for the Halligan Project in preparation for the
CWA Section 401 water quality certification application.
1.4.2.1 2008 Compensatory Mitigation for Losses of Aquatic Resources
The Corps Colorado Mitigation Procedures (Corps 2020) describes compensatory mitigation procedures
for wetland and stream impacts in Colorado, and outlines the steps that the Corps districts may follow
to meet regulatory obligations. Although Colorado Mitigation Procedures was formally approved by the
Corps for mitigation procedures in April 2020, it has not been used on the Halligan Project because
mitigation planning was already well underway when these procedures were approved. The
compensatory mitigation plan will be consistent with Corps regulations and mitigation policy.
Page 456
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-11
June 2023
The Corps and EPA established the type and extent of compensatory mitigation necessary to
demonstrate compliance with the CWA Section 404(b)(1) guidelines (40 CFR Part 230) in the
2008 Mitigation Rule (73 Federal Register [FR] 19593; EPA and Corps 2008).
The Corps determines the appropriate form and amount of compensatory mitigation required for a
Section 404 permit based on the nature and extent of anticipated unavoidable impacts on aquatic
resources. Fort Collins will prepare a wetlands mitigation plan independent of this FWMEP for future
authorization by the Corps as part of the CWA Section 404 permitting process.
1.4.3 Federal Wildlife Regulations
The following federal wildlife regulations apply to the Halligan Project:
• Endangered Species Act (ESA)—The ESA protects species that are federally listed as threatened or
endangered under the federal ESA of 1973 as amended (16 United States Code [U.S.C.] Section 1531
et seq.) (USFWS 1973). In accordance with ESA Section 7, projects with a federal nexus that could
affect federally listed species and/or their habitats require consultation with the U.S. Fish and
Wildlife Service (USFWS). Impacts on candidate species are not required to undergo a Section 7
consultation unless the species becomes listed during project planning and construction. In
accordance with ESA Section 7, the EIS describes evaluations conducted to determine potential
impacts on federally listed species from activities related to implementing the Halligan Project and
each alternative to the Halligan Project. A Biological Assessment is then conducted for the Project to
identify measures that compensate for the Project’s impacts on federally listed species and/or their
designated critical habitat. The USFWS then renders a Biological Opinion after they have reviewed
the Biological Assessment and consulted with the lead federal agency. The Corps has begun the
Section 7 consultation process for the Halligan Project.
• Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act—The Migratory Bird Treaty
Act (16 U.S.C. Sections 703–712) established a federal prohibition, “unless permitted by regulations,
to pursue; hunt; take; capture; kill; attempt to take, capture, or kill; possess; offer for sale; sell; offer
to purchase; purchase; deliver for shipment; ship; cause to be shipped; deliver for transportation;
transport; cause to be transported; carry or cause to be carried by any means whatever; receive for
shipment; transportation, or carriage; or export at any time, or in any manner, any migratory bird,
part, nest, or egg of any such bird” (USFWS 2004). Similarly, the Bald and Golden Eagle Protection
Act (16 U.S.C. Sections 668–668c) prohibits the “taking” of bald or golden eagles, including their
parts, nests, and eggs. In accordance with the Acts and as part of the NEPA process, potential
impacts on protected bird species have been evaluated, and appropriate avoidance, minimization,
or mitigation measures have been incorporated into this FWMEP.
• Fish and Wildlife Coordination Act—The federal Fish and Wildlife Coordination Act
(16 U.S.C. Sections 661–666c) (USFWS 1934) places requirements on water development projects,
including consultation with the USFWS and state fish and wildlife agencies (in this case, CPW) when
the “waters of any stream or other body of water are proposed or authorized, permitted or licensed
to be impounded, diverted or otherwise controlled or modified” by any agency under a federal
permit or license. The consultation goal is conserving wildlife resources by preventing loss and/or
damage to them, as well as potentially improving the resources as part of the proposed project.
State-listed species are also considered during such a consultation. In Colorado, this requirement is
largely fulfilled through consultation with USFWS and CPW, and by developing and implementing
this FWMEP. The Corps must prepare a Fish and Wildlife Coordination Act report for the USFWS that
“provides 1) clear documentation of the proposed project’s impacts on fish and wildlife resources
Page 457
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-12
June 2023
and 2) specific recommendations as to the measures that should be taken to conserve those
resources.”
1.4.4 State of Colorado
The following state statutes apply to various resources covered in this FWMEP and are most relevant to
the FWMEP:
• Fish and Wildlife Mitigation Plan—This FWMEP was prepared to satisfy the requirements of
CRS 37-60-122.2. The statute states that “fish and wildlife resources found in and around state
waters which are affected by the construction, operation, or maintenance of water diversion,
delivery, or storage facilities” are a “matter of statewide concern and that impacts on such
resources should be mitigated by the project applicants in a reasonable manner.” The statute
further explains that the extent and nature of the mitigation should be “economically reasonable
and maintain[s] a balance between the development of the state’s water resources and the
protection of the state’s fish and wildlife resources.”
Such fish and wildlife mitigation plans are to be developed by the project applicant, generally
working in cooperation with CPW staff members, and submitted to the Commission. If the
Commission and applicant agree on the plan, the Commission then forwards it to the Colorado
Water Conservation Board (CWCB) for adoption as the official state position on the mitigation
actions required of the applicant.
CRS 37-60-122.2 distinguishes mitigation of Halligan Project impacts from enhancement of fish and
wildlife resources over existing conditions. The Procedural Rules for the Commission (Chapter 16)
provide definitions for both a mitigation plan and an enhancement plan (refer to the Key
Terminology section of this report). This FWMEP includes both a mitigation plan that contains
measures developed to mitigate Halligan Project impacts, and an enhancement plan that enhances
fish and wildlife resources over and above existing levels without the Halligan Project. Fort Collins is
required by CRS 37-60-122.2 to submit a proposed mitigation plan, but submittal of an
enhancement plan is voluntary.
• CWCB Rule 7 Process—The enlarged Halligan Reservoir would inundate approximately 0.75 mile of
the North Fork upstream of the current reservoir where the CWCB holds a decreed instream flow
water right. Fort Collins would, therefore, need to undergo a process to seek approval to inundate
an instream flow under the CWCB’s instream flow program rules (Rule 7, 2 CCR 408-2) (CWCB n.d.).
During this process, the CWCB may seek recommendations from, among others, CPW and the
Colorado Division of Water Resources (DWR). CWCB would consider factors such as the extent of
inundation proposed, impacts on the natural environment, any unique or rare characteristics of the
instream flow water right to be inundated, any regulatory requirements or conditions imposed upon
the applicant by federal, state and/or local governments, land ownership, economic benefits, and
the mitigation or compensation offered by Fort Collins to offset adverse impacts on the instream
flow right. Ultimately, the CWCB Board would either approve, conditionally approve, defer, or deny
the request to inundate.
1.4.5 Larimer County
Colorado House Bill 74-1041 authorized certain local governments, including counties, to identify,
designate, and regulate areas and activities of state interest through a local permitting process to
provide them with control over certain development projects. The Halligan Project is located entirely
within Larimer County, and Larimer County is a cooperating agency on the Halligan Project. Larimer
County’s 1041 regulations are specified in the County’s land use code. Unless specifically exempted,
Page 458
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-13
June 2023
Section 10.3.1(J) requires a 1041 Permit for “Site selection and construction of a new water storage
reservoir or expansion of an existing water storage reservoir resulting in a surface area at high water line
in excess of 50 acres, natural or manmade, used for the storage, regulation and/or control of water for
application to a beneficial use, including augmentation, commercial, domestic, industrial, municipal, and
replacement uses, provided this designation excludes water storage reservoirs used exclusively for
irrigation or stormwater detention facilities. A new water storage reservoir shall also include all
appurtenant uses, structures and facilities (i.e., those necessary and integral to the proper functioning of
the project), including internal roads, parks, parking, trails, recreational uses, and other uses.” The
Halligan Project thus requires a 1041 Permit from Larimer County pursuant to the procedures in Larimer
County’s land use code.
1.4.6 Consultation, Coordination, and Public Input
Fort Collins consulted with CPW during preparation of this plan. In addition, CPW and cooperating
agencies reviewed and commented on the DEIS and some associated reports. CRS 37-60-122.2 requires
CPW and the CWCB to review and provide input on the mitigation proposed to address Halligan Project
impacts on fish and wildlife resources. Although CRS 37-60-122.2 does not require public review and
input, Fort Collins and CPW have developed a process to also allow for public participation as part of the
development of this FWMEP.
The Corps (through the NEPA process), Fort Collins, and CPW have provided, and will continue to
provide, the following public meetings and opportunities to solicit input on the potential impacts and
mitigation for the Halligan Project:
• Fort Collins has provided many updates about the Halligan Project in public forums to Fort Collins
City Council and the Fort Collins Water Commission (previously known as the Water Board)
throughout the life of the Halligan Project. Fort Collins has also published newspaper articles about
the Halligan Project and maintains a website where the public can receive Halligan Project-related
updates and submit comments on the Halligan Project at any point. Fort Collins regularly seeks out
opportunities to educate and solicit feedback about the Halligan Project, including targeted
stakeholder presentations or discussions, distribution of information at community events, videos,
and social media posts.
• On January 26, 2006, the Corps submitted written requests to the EPA, USFWS, U.S. Forest Service,
CPW, Weld County, and Larimer County to participate as cooperating agencies in the preparation of
the then-planned joint EIS for the Halligan and Seaman Water Supply projects pursuant to 40 CFR
Section 1501.6. The Corps subsequently recognized that the CDPHE, Colorado Department of
Natural Resources (CDNR), Colorado State Historic Preservation Officer, and the BLM had expertise
or regulatory authority over aspects of the Halligan and Seaman Water Supply projects. Those
agencies were also invited and agreed to serve as cooperating agencies; the CPW, CDPHE, CDNR,
BLM, EPA, USFWS, and Larimer County accepted the invitation to serve as cooperating agencies, but
Weld County declined to serve as a cooperating agency. As of the writing of this FWMEP, the
proposal for the Seaman Water Supply Project has been withdrawn and is inactive.
• On February 1, 2006, the Corps published the Notice of Intent in the FR to prepare an EIS to analyze
the potential impacts of two water supply projects known as the Halligan-Seaman Water
Management projects in Northern Colorado (71 FR 5250).
• On February 23, 27, and 28, 2006, three public scoping meetings were held at the Livermore
Community Church in Livermore, the Lincoln Center in Fort Collins, and the Bunk House at Island
Grove in Greeley, respectively.
Page 459
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 1-14
June 2023
• As part of the NEPA process, the Corps initially contacted 59 Native American tribes in writing to
solicit input regarding the Halligan Project. Only two tribes, the Standing Rock Sioux Tribe and the
Cheyenne River Sioux Tribe, responded to the request. On May 23, 2019, the Corps provided a
consultation letter to seven Native American tribes, including the Apache Tribe of Oklahoma, Gros
Ventre and Assiniboine Nations, Northern Cheyenne Tribe, Comanche Nation, Cheyenne-Arapaho
Tribes of Oklahoma, Arapaho Tribe of the Wind River Reservation, and the Northern Apache Tribe.
In meetings with Fort Collins, the Corps indicated that they will continue to reach out to tribal
contacts as the NEPA process continues.
• On November 22, 2019, the Corps published the DEIS for the Halligan Project. A public hearing was
held in Fort Collins on January 13, 2019, which was attended by approximately 85 people.
Comments on the DEIS were accepted through January 21, 2020. Approximately 60 written
comment letters or oral comments were received on the Halligan Project.
• On April 27, 2023, Fort Collins released the FWMEP Application on the Halligan Project website.
• From May 1 through May 15, 2023, Fort Collins hosted a virtual open house and comment period for
the public to review the FWMEP and provide feedback on the FWMEP.
– Fort Collins received eight public comments on the final draft FWMEP. Fort Collins has prepared
a separate memo to further address Commissioner and public comments and questions,
Appendix E. Copies of the public comments are included in Appendix F.
• On May 4, 2023, Fort Collins presented the FWMEP to the Commission Meeting hosted at the
Colorado Mountain College Spring Valley at Glenwood Springs Campus, Glenwood Springs, CO,
Fort Collins and CPW staff addressed Commission comments and questions. Afterwards, two entities
provided verbal public comment on the FWMEP.
– Fort Collins has prepared a separate memo to further address Commissioner and public
comments and questions, Appendix E. In addition, the two entities that provided verbal
comments later provided written public comment on the FWMEP. The information proved by
the Commission, public entities, and individuals were used to revise the Final FWMEP Copies
about the public comment can be found in Appendix F.
• Commission Meeting (location) note to reviewers: Location, date and summary to be added after
this event occurs. At the June 22 or 23, 2023 Commission meeting, Fort Collins will present the final
FWMEP to the Commission for its consideration as the Commission’s recommendation regarding the
mitigation of fish and wildlife resources from the Halligan Project.
• CWCB meeting: The Halligan FWMEP will be presented to the CWCB at their July 2023 board
meeting.
Page 460
Item 19.
Halligan Water Supply Project — Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-1
June 2023
2 Fort Collins Water Portfolio
2.1 Existing Water Supply and Demand
Fort Collins, through Fort Collins Utilities, is one of several water providers in Fort Collins’ municipal
boundaries and growth management area. Fort Collins generally provides water service to the central
portion of the Fort Collins community. Various water districts provide water service to the other
portions of the Fort Collins community. The water service areas for Fort Collins and the neighboring
water districts are shown on Figure 2-1.
Fort Collins’ water supplies are surface supplies and come from two physical systems: the Poudre River
watershed and Horsetooth Reservoir.3 Fort Collins diverts water from the Poudre River watershed into
its system on the Main Stem at the Fort Collins Intake(s). These supplies are primarily native Poudre
River water, but also include some water from the Colorado, Michigan, and Laramie rivers. Fort Collins
also diverts water at other locations to irrigate parks, golf courses, two cemeteries, greenbelt areas, and
some schoolgrounds, as well as to meet contractual raw water delivery obligations and to meet return
flow and other obligations. Fort Collins also takes delivery of water from Horsetooth Reservoir at the
Soldier Canyon Outlet. These supplies are primarily Colorado River water from the Colorado–Big
Thompson (C-BT) Project and Windy Gap Project. Fort Collins’ water system is described in greater detail
in the DEIS. Certain aspects of Fort Collins’ system are shown on Figure 2-1.
Fort Collins treats water from the Poudre River watershed and Horsetooth Reservoir at the Fort Collins
Water Treatment Facility. The treated water is then delivered to Fort Collins’ customers through
approximately 540 miles of pipeline to over 34,000 taps. Fort Collins’ customers include residences
(single and multifamily) and commercial entities of various types. In 2014, Fort Collins delivered
7.4 billion gallons of water to approximately 136,500 people. In 2020, demand increased to 7.7 billion
gallons of water delivered to approximately 142,800 people.
3 Horsetooth Reservoir borders the City of Fort Collins and is an East Slope terminal reservoir in the C-BT System. More information on the C-BT
Project, which is operated and maintained by Northern Water and the U.S. Bureau of Reclamation, is provided at
https://www.northernwater.org/what-we-do/deliver-water/colorado-big-thompson-project.
Page 461
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-2
June 2023
Figure 2-1. Fort Collins Utilities Water Supply System
Source: City of Fort Collins 2021a
Page 462
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-3
June 2023
2.2 Water Conservation and Water Restrictions
Fort Collins has a strong commitment to ensuring the efficient and responsible use of water. Fort Collins’
water conservation program started in 1977 and continues to evolve to support the community in using
water efficiently. Some of Fort Collins’ water conservation efforts are detailed in the DEIS, as well as
Fort Collins’ 2015 Water Efficiency Plan (City of Fort Collins 2015a). Fort Collins’ conservation efforts
include metering of all customers and a customer data portal; customer leak notifications; free irrigation
system audits and home water assessments; irrigation and fixture equipment rebates; landscaper
trainings; water-efficient landscape conversion trainings and financial incentives; conservation-oriented
water rate structures; extensive customer outreach, including monthly water use reports and targeted
industry outreach; a restrictive covenants ordinance; conservation kit giveaways; and building audit.
Currently, planned efforts focus on leveraging advanced water use meter data, promoting and
supporting greater outdoor water efficiency, greater integration of water efficiency into land use
planning and building codes, expanding commercial and industrial strategies, and efforts to increase
community water literacy. Fort Collins is also updating water supply requirement costs for new
developments to improve equity while incentivizing efficient design.
Fort Collins also uses the Water Shortage Action Plan (City of Fort Collins 2020b), previously known as
the Water Supply Shortage Response Plan, to manage water shortages. As defined in the plan, water
shortage conditions occur when projected water supply is less than the anticipated water demand,
which considers required water reserves in storage and other criteria. The following events, or
combination of events, are examples of scenarios that could cause a water shortage: drought; water
quality issues, such as contamination or fire impacts; and infrastructure issues, such as broken pipeline
or water treatment facility issues.
The population and demand within Fort Collins’ water service area are expected to grow. Water
conservation efforts and water shortage management practices have helped reduce water use and
manage supply challenges. However, as discussed in the DEIS, future demand exceeds the amount of
water that could be conserved through conservation measures; therefore, the timing of when increasing
future water demand exceeds Fort Collins’ existing water supplies can be delayed through water
conservation efforts, but not avoided.
2.3 Future Water Demand
Future water demand is calculated based on a projected population growth in the Fort Collins’ water
service area, combined with projections of future potable water demand using the reliable gallons per
capita per day forecasting technique detailed in the DEIS (Corps 2019). The Corps estimated in the DEIS
that Fort Collins’ 2065 potable water demand will be approximately 38,400 acre-feet, an increase of
about 11,700 acre-feet from the 2015 potable water demand. This estimate incorporated minimized
demand based on reduced water used as a result of the water conservation and water supply
management techniques described previously.
In 2019, Fort Collins completed the Fort Collins Utilities Water Supply Vulnerability Study (City of
Fort Collins 2019a), in which the enlargement of Halligan Reservoir was assumed. That study found that
climate change is the most significant vulnerability affecting Fort Collins’ water supply. Future climate
conditions may be more impactful to Fort Collins’ ability to meet its water supply planning policy criteria
than the occurrence of any particular infrastructure outage or environmental condition simulated by the
study’s risk scenarios. However, climate change is the most difficult risk to quantify or track. Long-term
trends are difficult to measure and are obscured by the natural variability in wet and dry years.
Page 463
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-4
June 2023
Fort Collins will participate in, or stay informed of, state and federal climate change studies to help
Fort Collins understand the trajectory of climate change in the region.
Fort Collins’ projected increases in population and water demand, coupled with the risks of climate
change causing temperature and precipitation variations, have both been identified as key
vulnerabilities to Fort Collins’ water supply. Without the additional firm yield from the Halligan Project,
the performance of Fort Collins’ water supply system would be significantly impacted, and current water
supply planning policy criteria could not be met under most future climate and demand conditions.
2.4 Related Regional Activities
This section describes regional activities that may help inform the best application or use of Halligan
Project-related mitigation in this FWMEP, including other major water supply projects in the
Poudre River watershed in various stages of planning and execution, as well as research-based initiatives
and collaborative work groups.
2.4.1 Shared Vision Planning
One element of Halligan Project planning included a Shared Vision Planning process (Lorie et al. 2010), a
7-year collaborative planning process focused on modifying planned expansions of Halligan and Seaman
Reservoirs on the North Fork to develop design strategies that would improve flows on the North Fork.
The core assumption of the Shared Vision Planning process was enlargement of both Halligan and
Seaman Reservoirs. During the process, Fort Collins worked collaboratively with the City of Greeley,
regulatory agencies, nongovernmental organizations, and other interested parties on development of
mutually beneficial and desirable solutions for both projects. However, the City of Greeley is no longer
pursuing expansion of Seaman Reservoir, and, therefore, the joint reservoir operational measures
explored in the Shared Vision Planning process are no longer available to improve flow conditions on the
North Fork. Fort Collins has nonetheless incorporated many of the other measures developed in the
process into the Halligan Project. Over 19 years of Halligan Project planning, design and operation
development, mitigation planning, and stakeholder collaboration has been completed since the Project
was initiated in 2003.
2.4.2 Fort Collins’ River Efforts
Fort Collins owns a majority of the Poudre River’s floodplain as it flows through Fort Collins and is,
therefore, engaged in a long-term effort to support a self-sustaining healthy resilient Poudre River
(Main Stem). In recent decades, Fort Collins has proactively implemented projects aimed at restoring
the river’s connection with its riparian floodplain, connecting aquatic habitats longitudinally, protecting
established instream flows, and maintaining stormwater capacity to reduce risk to Fort Collins’ assets
and public safety. While numerous projects have already been completed, it is expected that these
integrated reach-scale river restoration projects will continue into the next several decades.
In 2011, Fort Collins completed the Cache La Poudre River Natural Areas Management Plan Update
(City of Fort Collins 2011) that detailed management goals, strategies, and objectives for Fort Collins’
21 properties along the river. An update to that management plan is being developed to establish
conservation priorities and management tactics for these natural riverine habitats given contemporary
ecological stressors, management issues, and dramatic increase in recreational uses.
Fort Collins developed the Poudre River Downtown Master Plan (City of Fort Collins 2014) for the
Poudre River Main Stem in the downtown corridor (Shields Street to Mulberry Street) to improve in-
river and bankside recreation, aquatic habitat connectivity, bank protection, flood mitigation and
floodplain management, public safety and access, and transportation. The master plan provides a long-
Page 464
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-5
June 2023
term vision for this downtown reach and identifies multiple projects to be implemented over an
extended period of time. The construction of a whitewater park in 2019 downstream of College Avenue
was the first project implemented from this plan.
In 2014, Fort Collins completed an Ecological Response Model in collaboration with a team of scientists
to better understand past, present, and potential future river conditions through Fort Collins (Bestgen
et al. 2019). This effort, along with numerous other monitoring and biological assessment initiatives,
support a community driven quest for taking a data-informed management approach to promoting a
healthy Poudre River.
In 2017, Fort Collins released the State of the Poudre River Report: A River Health Assessment (City of
Fort Collins 2017), which examined the conditions of the Main Stem from the lower portion of Poudre
Canyon through Fort Collins to Interstate (I-)25. The effort used an assessment method developed by
Fort Collins, known as the River Health Assessment Framework (City of Fort Collins 2015b, 2019b), which
was adapted from the Functional Assessment of Colorado Streams protocol (Beardsley et al. 2015).
Fort Collins has used the information related to river health and river function gained from this effort to
generally inform the measures described in this FWMEP. In 2022 to 2023, Fort Collins is teaming with
the Coalition for the Poudre River Watershed (Coalition) to create an updated River Health Assessment
Framework. The updated framework will identify the overarching framework for reporting on the river’s
health from the headwaters to its confluence, and aims to identify methods specific to topic and
location.
2.4.3 Northern Integrated Supply Project
The Northern Colorado Water Conservancy District (Northern Water) delivers raw water and operates
infrastructure that serves numerous communities in northern Colorado. Northern Water, acting through
an enterprise on behalf of 15 water providers north of Denver, is seeking a CWA Section 404 permit
from the Corps to undertake the Northern Integrated Supply Project (NISP). NISP would use conditional
water rights to divert water from the Poudre and South Platte Rivers to provide 40,000 acre-feet of new
reliable water supply annually to meet part of the participants’ future water supply needs. NISP involves
constructing two new reservoirs—Glade and Upper Galeton—with capacities of 170,000 and
45,624 acre-feet, respectively. The Corps is the lead federal agency and has been analyzing the
environmental impacts of NISP since 2004. The Corps issued a ROD in December 2022.
2.4.4 Poudre Runs Through It
The Poudre Runs Through It work group is a diverse group of regional leaders and experts with varying
interests in the Poudre River, including members from Fort Collins Utilities and Natural Areas. The group
convenes agricultural, municipal, environmental, recreation, business, and other stakeholders with the
goal of identifying opportunities for cooperative action to help meet their healthy river and working
river goals. The Poudre Runs Through It defines a “healthy working river” as “one that supplies the
goods and services demanded by our complex society, within the existing and evolving water rights
system and honoring existing property rights, while maintaining and improving ecological integrity and
resilience” (CSU 2020). Fort Collins shares in this goal of a healthy working river and values input from
the work group.
2.4.5 Poudre Flows Plan
The Poudre Flows Plan is a project to increase flows in the Cache la Poudre River, from the Poudre River
canyon mouth to its confluence with the South Platte River. A key aspect of the plan is to not injure or
adversely affect other water rights and existing water operations. The plan began in 2013 as an
outgrowth of the Flows Subcommittee of the Poudre Runs Through It work group. This plan is being
Page 465
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-6
June 2023
pursued by a coalition consisting of the Cache la Poudre Water Users Association, Fort Collins, the cities
of Greeley and Thornton, CPW, CWCB, the Colorado Water Trust, and Northern Water.
Under the Poudre Flows Plan, water that was historically diverted for irrigation and other consumptive
uses will be added to the river as “augmentation water” and protected from diversion in defined stream
reaches. The Poudre Flows Plan is being pursued as a plan to augment stream flows pursuant to
CRS 37-92-102(4.5). An application for approval of the plan was filed with the Water Court on
April 29, 2021. The current sources of augmentation water for the plan are certain water rights owned
by Fort Collins and the cities of Greeley and Thornton. Additional augmentation water sources are
intended to be added to the plan after it is approved. The plan will begin operations following the Water
Court’s entry of a final decree, currently anticipated to occur in 2024.
2.4.6 Wildfire Recovery and Monitoring Efforts
The 2020 Cameron Peak and East Troublesome Wildfires are the two largest wildfires in Colorado
history. These fires combined to burn more than 400,000 acres of forested landscape. Post-fire pollution
continues to pose significant challenges to maintaining the availability and quality of Fort Collins’
drinking water supplies. Fort Collins Utilities has developed post-wildfire water quality monitoring and
recovery plans (City of Fort Collins 2021b), which outline a range of different collaborative water quality
programs to assist with addressing these pollution concerns. These programs include, for example,
targeted post-storm runoff event sampling, real-time water quality monitoring to inform water
treatment and other staff, and monitoring long-term trends to better understand watershed recovery.
Fort Collins is a partner in the Larimer Recovery Collaborative Watershed Subcommittee, which is a
diverse collaborative stakeholder group focused on watershed recovery following the Cameron Peak
Fire. The primary watershed recovery concern following the fire is hillslope erosion, and the most
effective treatment is the application of wood mulch. The subcommittee has prioritized sub-watersheds
within the burn scar for treatment based on burn severity, slope, erosion risk, and other factors, which
ultimately targets finite resources to have the greatest treatment results. In 2021, Fort Collins Utilities
helped share the cost of treatment of more than 5,000 high priority acres at a total cost of $11,353,805.
Additional priority acres will be treated in 2022. Fort Collins also continues to work to minimize the risk
of future large-scale wildfires in the Cache la Poudre Basin by investing in targeted regional cost share
collaborative wildfire mitigation projects. Priority areas identified for future treatment include areas
that drain to the North Fork upstream of Halligan Reservoir.
2.4.7 Coalition for the Poudre River Watershed
The Coalition is a nonprofit organization established with the mission of improving and maintaining the
ecological health of the Poudre River watershed through community collaboration. With the goal of
increasing watershed resiliency and health, the Coalition released the Upper Poudre Watershed
Resilience Plan Final (JW Associates, Inc. 2017). The plan describes conditions in the Upper Poudre
Watershed and identifies target areas, priorities, and actions with the overall goal of increasing
watershed resilience. The plan assesses the baseline health of the riparian and river corridor of the
Poudre River watershed upstream of the mouth of the Poudre River Canyon using a close adaptation of
the Cache la Poudre River: River Health Assessment Framework (City of Fort Collins 2015b). Fort Collins
has coordinated with the Coalition and CPW to help inform the development of the mitigation and
enhancement measures described in this FWMEP.
Page 466
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 2-7
June 2023
2.4.8 Preble’s Meadow Jumping Mouse Site Conservation Team
The Poudre Site Conservation Team for Preble’s meadow jumping mouse (Zapus hudsonius preblei)
(Preble’s) was established in 2019, and comprises stakeholders organized by the USFWS representing
local communities and natural resource management partners, including private landowners and local,
state, and federal governments and agencies. The team’s goal is to facilitate the recovery of Preble’s, a
threatened species protected under the ESA, in the North Fork watershed in accordance with the
Recovery Plan Preble’s Meadow Jumping Mouse (USFWS 2018). This recovery plan focuses on abating
threats to Preble’s and promoting riparian habitat persistence, with the ultimate goal of recovering the
subspecies so that it no longer warrants listing under the ESA. Specifically, the recovery goal for the
North Fork watershed is a minimum of 57 miles of healthy, connected Preble’s habitat. Fort Collins is an
active participant in the team, supporting such efforts as outreach, recovery population habitat
selection, and site identification for riparian habitat improvements in the North Fork riparian corridor.
2.4.9 Platte River Species
Fort Collins participates in the South Platte Water Related Activities Program (SPWRAP), which outlines a
programmatic approach for USFWS Section 7 consultation that is described in the Platte River Recovery
Implementation Program. Currently, mitigation is not expected to be needed for South Platte River
depletions. If mitigation needs associated with the Halligan Project are identified during this
programmatic approach or based on USFWS consultation, they will be incorporated into the mitigation
strategy for the Halligan Project.
Page 467
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-1
June 2023
3 Fish and Wildlife Conditions and Impacts
This chapter describes the fish and wildlife resources that are anticipated to be affected by the Halligan
Project, as identified in the DEIS and supporting technical reports (Corps 2019), the current conditions
influencing those resources, and a summary of the anticipated effects of the Halligan Project on each
resource. Background information is presented regarding the status of each resource, followed by a
summary of the potential impacts of the Halligan Project on fish and wildlife, including both beneficial
and adverse effects. Mitigation measures that Fort Collins is proposing for the Halligan Project are
described in Section 4, and enhancement measures are described in Section 5. Appendix B presents a
tabular summary of Halligan Project impacts, mitigations, and costs.
Since completion of Halligan Reservoir in 1909, operations of Halligan Dam and the North Poudre Canal
Diversion have significantly and adversely affected river flows in the North Fork and impaired
downstream aquatic habitats. Enlargement of the reservoir through the Halligan Project provides an
opportunity for Fort Collins to provide year-round flows in the North Fork through the flow-related
operational measures described in Section 4.2.1, leading to environmental benefits for fish and wildlife
in and along the North Fork downstream of the dam.
Halligan Project impacts would occur from inundation by the enlarged reservoir along a portion of the
North Fork upstream of the reservoir and at the footprint of the replacement dam. Also, impacts would
occur from construction activities, including access and materials mobilization and stockpiling, at the
replacement dam and at the North Poudre Canal Diversion. These effects would result directly from
implementing the Halligan Project. Indirect effects are those that are Project-induced but occur later in
time or are farther removed in distance. Indirect effects associated with the Halligan Project include
increased flows in most months that benefit conditions along the North Fork downstream of the dam, as
well as some impacts resulting from reduced flows on the North Fork when water is being diverted to
storage in the enlarged Halligan Reservoir. As well as reduced flows for the Main Stem in the Exchange
Reach upstream of the North Fork confluence when Halligan Releases are being diverted by exchange
into Fort Collins Intakes. Another potential indirect effect of the Halligan Project is the risk of a stress-
related die-off of Rocky Mountain bighorn sheep (bighorn sheep) (Ovis canadensis), discussed further in
Section 3.7.4.
3.1 Basis of Halligan Project Effects
The Halligan Project effects described in this FWMEP are based on detailed evaluations in the DEIS and
supporting technical reports, and further analyses conducted since the DEIS. Because of advancements
in project design, the Halligan Project effects presented in the DEIS are being revised in the FEIS. These
revisions are expected to be minor and are a refinement of the Proposed Action in the DEIS. In the DEIS,
effects estimates were based on enlargement of the existing dam to raise the reservoir level by
approximately 25 feet. Impacts in the FEIS will be determined based on the design plan summarized in
Section 1.3 of this FWMEP, which involves replacing the more than 114-year-old dam, as of 2023, with a
replacement dam constructed approximately 200 feet downstream of the existing dam. Consistent with
the dam enlargement described in the DEIS, the dam replacement presented in the FEIS and this
FWMEP would raise the existing reservoir elevation by approximately 25 feet to increase the total water
storage capacity by approximately 8,200 acre-feet, for a total enlarged reservoir volume of
approximately 14,600 acre-feet. Enlarging the reservoir would increase the current surface area of
Halligan Reservoir from 253 to 391 acres.
Page 468
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-2
June 2023
Fort Collins anticipates developing the following infrastructure and construction areas in association
with the Halligan Project:
• Replacement of Halligan Dam, including outlet works, stilling basin, and other appurtenant
structures constructed approximately 200 feet downstream of the existing dam
• Relocation of existing overhead power lines and poles from the southwest end of the existing
reservoir to the new dam since the old power poles would be inundated during the Halligan
enlargement
• Reconstruction of the North Poudre Canal Diversion
• Partial or total demolition of the existing dam after the replacement dam is constructed
• Temporary construction areas and features, including temporarily widened roads to allow for
construction vehicle access, construction staging areas, concrete batching plant, and possible
borrow pits for concrete aggregate
• Construction of a temporary construction access river crossing below the existing dam
• Permanent remnants of construction, including waste rock piles, new access roads in the immediate
area of the reconstructed dam, and/or widened roads in limited areas where the roads cannot be
reclaimed on portions of Fort Collins’ property and/or where private property owners request to
retain widened roads
Future operation of the Halligan Project is described in Section 1.3.1.2. Features that would be
constructed as part of avoidance, minimization, compensatory mitigation, and enhancement measures
are described in Sections 4 and 5.
At this time, details of the extent, methods, and impacts related to dam demolition are not known. Fort
Collins will consult with CPW as needed on the dam demolition. Differences in Halligan Project effects
between the DEIS and FEIS are expected to be minimal.
3.2 Resources Evaluated
The following resources associated with fish or wildlife are addressed in this FWMEP:
• Surface water hydrology (Section 3.3)
• Surface water quality (Section 3.4)
• Aquatic resources (Section 3.5)
• Terrestrial wildlife, including big game (Section 3.6)
• Rocky Mountain Bighorn Sheep (Section 3.7)
• Special-status species (Section 3.8)
• Recreation (Section 3.9)
DEIS Table 4-2 lists all the resources that are addressed in the DEIS but do not necessarily relate to fish
and wildlife. More information about these resources can be found in the DEIS (Corps 2019).
3.3 Surface Water Hydrology
This section describes the current conditions and potential Project effects on surface water resources
(Halligan Reservoir, the North Fork, and Main Stem) potentially affected by changes in surface water
hydrology resulting from implementation of the Halligan Project.
Page 469
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-3
June 2023
3.3.1 Current Conditions for Surface Water Hydrology
Snowmelt provides the largest water supply to the North Fork, with runoff primarily occurring from May
to July. The DEIS Section 3.6.2.3.1 documents a typical unregulated snowmelt flow regime for the North
Fork upstream of Halligan Reservoir; this portion of the North Fork channel is supply limited for sands
and finer gravels (Corps 2019).
Historically, NPIC captures water from the North Fork to fill the reservoir beginning in the fall and
continuing until water spills over the existing dam to the North Fork in the spring, although spilling can
occur as early as December or January. NPIC typically releases water from the existing dam outlet
structure from spring through fall, nearly draining the reservoir in most years.
As described in the DEIS Section 3.3.5 and Chapter 4 and in Section 3.3.2 of this FWMEP, Halligan
Reservoir and the North Poudre Canal Diversion affect flows. Under current operations, the North Fork
can experience many zero-flow days in both winter and summer, particularly during dry or average
hydrologic years, creating low-flow conditions and disconnected pools. The DEIS describes zero-flow
days in the North Fork below Halligan Dam in winter months when the reservoir is filling, and below the
North Poudre Canal Diversion (6 miles downstream of the reservoir) to the North Poudre Canal
Diversion turn back or confluence with the downstream tributaries in summer when water is diverted
for NPIC shareholders. Flow simulations produced for the DEIS and supporting Surface Water Resources
Technical Report (CDM Smith 2017) estimated that the North Fork downstream of the North Poudre
Canal Diversion has zero-flow days approximately 40 percent of the time during both winter and
summer months. Consequently, under current conditions, the aquatic habitat in the North Fork is
disconnected between the North Poudre Canal Diversion and the first downstream tributary inflow.
Rabbit Creek, Stonewall Creek, and Lone Pine Creek provide small inflows to the North Fork, and zero-
flow days are less common downstream of these tributaries.
For the Main Stem, the DEIS Section 3.3.6 notes that trans-basin water deliveries supply significant flows
in the Upper Poudre, while irrigation, municipal, and industrial diversions influence flows downstream of
the flow gage located near the mouth of the Poudre Canyon. Multiple dry-up locations currently exist on
the Main Stem.
Dramatic flow changes occur naturally on the North Fork in the spring and summer months during
spring runoff and summer storms, and also currently occur below Halligan Reservoir during the fall and
winter months as a result of NPIC’s ongoing and historical operations of the existing Halligan Reservoir.
CPW has raised concerns in meetings with Fort Collins that these drastic changes in conditions
associated with NPIC’s operations, particularly sudden decreases from high to low flow, can adversely
affect fish populations.
3.3.2 Halligan Project Effects on Surface Water Hydrology
The Halligan Project would result in both beneficial effects and adverse impacts on the surface water
hydrology of the North Fork and on the associated aquatic resources and river morphology (GEI
Consultants, Inc. [GEI] 2016; Western EcoSystems Technologies, Inc. [WEST] 2017b; City of Fort Collins
2017). Each of these effects is described in more detail in the following sections.
3.3.2.1 Inundation Effects
Enlarging Halligan Reservoir would increase the current surface area from 253 to 391 acres at full
storage capacity. The water surface area of the enlarged Halligan Reservoir is anticipated to fluctuate
from 200 acres to 391 acres. In the enlarged reservoir, NPIC would continue to fill and drain nearly all of
their reservoir storage capacity each year, while Fort Collins would fill and drain only a portion of the
Page 470
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-4
June 2023
enlarged reservoir capacity. The water surface elevation of the enlarged Halligan Reservoir would
fluctuate at slower rates than the current typical rates for the reservoir.
The Halligan Project would inundate two sections on the North Fork: (1) permanent inundation of a
short (approximately 200 feet) section of the North Fork between the existing dam and the replacement
dam (Downstream Permanently Inundated 200 feet); and (2) the intermittent inundation of an
approximately 0.75 mile stretch of the North Fork upstream of the existing Halligan Reservoir (Upstream
Intermittently Inundated 0.75 mile).
• Downstream Permanently Inundated 200 Feet. During construction the aquatic community in a
short section (approximately 200-feet) of the North Fork would be temporarily disrupted during the
construction of the replacement dam in between the existing and replacement dam. In addition,
another portion of the reach, approximately 200 feet downstream of the replacement dam down to
the temporary construction river crossing, will be impacted. Once construction is complete the
approximately 200-feet between the replacement dam and the existing dam would be permanently
inundated, converting the controlled river habitat to reservoir.
• Upstream Intermittently Inundated 0.75 Mile. DEIS Sections 4.8.3.1 and 4.8.3.4.1.1 discuss the
intermittent inundation of the North Fork which would transition the aquatic environment of the
0.75-mile free-flowing (lotic) aquatic habitat to an intermittently ponded (lentic) inlet channel.
Meaning in late summer, fall, and early winter the stream would contain significantly higher levels of
fine sediment which will eliminate pool habitat and reduces cobble and gravel habitat used for fish
spawning.
The permanent inundation of the controlled stream below the existing dam and the intermittent
inundation and permanent sedimentation of 0.75 mile of natural free-flowing stream, as well as
associated lotic system functions, would be a permanent direct impact from the Halligan Project
that would eliminate existing lotic aquatic habitat upstream.
3.3.2.2 Inundation Effects on an Instream Flow Water Right
The CWCB has an instream flow water right (Water Court Case 1985CW430) on the North Fork from its
confluence with Dale Creek to the current inlet of Halligan Reservoir. The reach of the instream flow
water includes the approximately 0.75 mile of the North Fork stream that would be intermittently
inundated and permanently impacted by enlarging Halligan Reservoir, as discussed in the previous
subsection.
This inundation will cause injury to the CWCB instream flow water right. In Water Court Case
2013CW3185, Fort Collins and the CWCB reached an agreement regarding how to proceed with respect
to the instream flow water right. Key portions of that agreement are summarized in this subsection.
Fort Collins agreed to seek CWCB approval to inundate and to provide mitigation either pursuant to:
(a) Rule 7 of the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program,
2 CCR 408-2; or (b) an agreement pursuant to the CWCB rules and regulations enacted under CRS
Sections 37-60-108 and 37-92-102(3).
Fort Collins has submitted to the CWCB a request to defer the CWCB’s consideration of a request to
inundate pursuant to Rule 7j of those rules and regulations. The CWCB has agreed to defer such
consideration until permitting by other state, federal, or local governmental agencies concerning the
Halligan Reservoir enlargement is completed.
If Fort Collins is required by other governmental entities to provide mitigation to offset impacts of the
Halligan Reservoir enlargement, the CWCB has agreed to consider the cumulative effects of such
Page 471
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-5
June 2023
mitigation on the mitigation or compensation it will require as a condition of granting its approval to
inundate any portion of the CWCB instream flow water right.
3.3.2.3 Flow Effects on the North Fork Downstream of Halligan Reservoir
Indirect impacts on the North Fork downstream of Halligan Reservoir would include a minor reduction
(DEIS Section 4.3.2) in flows during peak stream flow months when water is diverted to storage in the
enlargement under Fort Collins’ various water rights decreed for storage in Halligan Reservoir, and
temporary flow effects related to dam construction. Below the replacement dam, the North Fork would
benefit from Fort Collins’ operational commitments associated with the Project, specifically the Winter
Release Plan, which provides continuous release of 3 cfs from the enlarged reservoir from October
through April to maintain flows in the North Fork below Halligan Reservoir.4 Although the Winter
Release Plan is an operational commitment and not a mitigation measure, it is described in more detail
with other flow-related operational measures in Section 4.2.1 to facilitate understanding of how all flow-
related operations will be conducted.
Based on modeling results presented in the DEIS Section 4.3.3.3.3, with the Winter Release Plan daily
mean flows in the North Fork from the replacement dam to the North Poudre Canal Diversion are
expected to increase from November through January, and from October through March for the reach
below the North Poudre Canal Diversion to at least Seaman Reservoir. The Halligan Projects’ Winter
Release Plan eliminates the zero-flow days downstream of Halligan Reservoir to the North Poudre Canal
and significantly reduces the number of months with zero-flow days both below the North Poudre Canal
and at the Livermore Gage. The Halligan Project may improve river connectivity during low-flow periods
and could increase downstream areas of riffle and pool complexes. These flow-related operational
measures would have varying beneficial effects on approximately 22 miles of the North Fork, from the
replacement Halligan Dam to Seaman Reservoir. The beneficial effects from the Winter Release Plan
would be most impactful where the North Fork currently experiences very low or no flow (for example,
below Halligan Reservoir in winter), but those benefits may diminish farther downstream where water
enters the North Fork from its tributaries (for example, Rabbit and Lone Pine Creeks).
The Winter Release Plan dedicates continuous 3 cfs releases from the enlarged Halligan Reservoir to the
North Fork from October 1 to April 30 of the following year. This operation would satisfy Fort Collins’
wintertime return flow obligations, decrease winter consumption of other water sources (that is,
Horsetooth Reservoir), and result in the concurrent environmental benefit of improving North Fork
stream flows during periods when river flows are typically low (Section 4.2.1.2).
3.3.2.4 Flow Effects on the Poudre River Main Stem
On the Main Stem both above and below its confluence with the North Fork, the DEIS Section 4.3.3.3.4
indicates that the Halligan Project’s modeled effects on-stream flows were considered within normal
variability and are not meaningful. On the Main Stem above the confluence, a minor increase in stream
flows above the Munroe Canal Diversion is expected. Below the Munroe Canal and Fort Collins pipeline
diversions to the North Fork confluence, the Halligan Project is expected to cause minor reductions in
annual stream flows as a result of diversions of Halligan Reservoir releases made by exchange. Minor
reductions have occurred year-round, but were typically highest in June and July, mostly as a result of
increased use of Fort Collins’ changed rights in the Southside Ditches. As described in the DEIS, the
Halligan Project would generally increase the fraction of water originating from the North Fork in the
Main Stem downstream of the confluence by about 4 percent on an average annual basis.
4 3 cfs would be released from Halligan Reservoir. The amount attributed to this release would be reduced by transit losses assessed by the water
commissioner.
Page 472
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-6
June 2023
3.4 Surface Water Quality
Current conditions for surface water quality and potential surface water quality impacts of the Halligan
Project were evaluated and summarized for this plan. Areas addressed include Halligan Reservoir, the
North Fork, Seaman Reservoir, and the Main Stem.
3.4.1 Current Conditions for Surface Water Quality
Current conditions for surface water quality relevant to the Halligan Project are summarized in
Appendix C, which includes overviews of surface water quality current conditions for Halligan Reservoir,
Seaman Reservoir, the North Fork, and the Main Stem. The summary of current conditions in Appendix
C is based on information presented in the DEIS as well as detailed recent studies (Hydros 2020, 2021a,
2021b, 2021c, 2021d, and 2022b). These recent studies rigorously document the conceptualization of
existing major drivers of spatial and temporal variability in temperature and water quality based on
evaluation of observed water-quality data, flow data, diversion patterns, reservoir operations, geology,
point sources, land use, and spatially varying meteorological conditions. Appendix C is also supported by
two memoranda (Hydros 2022a and 2022c). These two memoranda were developed to document key
water-quality discussion topics from meetings held with CPW during the FWMEP development process.
3.4.2 Halligan Project Effects on Surface Water Quality
Halligan Project effects on surface water quality were anticipated based on the detailed conceptual
understandings of Halligan and Seaman Reservoirs, the North Fork, and the Main Stem as well as
consideration of Halligan Project effects on flows, as summarized in Appendix C and supported by
Hydros Consulting, Inc. (Hydros; 2020, 2021a, 2021b, 2021c, 2021d, and 2022b). Fort Collins asserts that
no water-quality impacts due to the Halligan Project are currently anticipated in Halligan Reservoir itself,
or in Seaman Reservoir. Additionally, numerous meetings5 and rounds of comments and responses were
completed with CPW and the Water Quality Control Division (WQCD) to communicate and coordinate
on anticipated surface water-quality effects.6 Key discussion topics from those meetings are
documented in Hydros publications (2022a and 2022c).
The approach to identifying potential Halligan Project surface water-quality impacts was largely based
on consideration of existing conditions and anticipated changes relative to applicable aquatic life
standards. A potential impact was anticipated if a concentration or temperature increase (or decrease in
the case of dissolved oxygen [DO]) was anticipated because of the Halligan Project, and the system is
currently either approaching or exceeding the corresponding aquatic life standard. Additionally, if a
large (considering the magnitude of the aquatic life standard) concentration or temperature increase
(or decrease in the case of DO) was anticipated to occur because of the Halligan Project, that was also
identified as a potential impact on aquatic life. Both acute and chronic aquatic life standards were
considered for temperature and water quality. Additionally, following discussions with CPW, literature-
based iron concentrations below the currently applicable chronic total iron standard for aquatic life
were also considered as thresholds of potential concern for chronic dissolved iron below Halligan
Reservoir (refer to Section 3.4.2.5). In this process, iron stands as a unique case of consideration of
potential impacts relative to values more stringent than current standards.
The rationale for this largely standards-based approach is that, for temperature and water quality,
aquatic life regulations provide an existing, enforceable, quantifiable, state-specific regulatory basis for
the identification of impacts. Fort Collins recognizes that state standards do not necessarily provide
5 Fort Collins met with CPW to discuss surface water quality on the following dates: July 9, 2020; February 3, 2022; February 17, 2022; February 24, 2022;
April 14, 2022; May 3, 2022; May 17,2022; May 20, 2022; July 18, 2022; and September 9, 2022.
6 Note that the analyses to be completed to identify impacts for the 401 Certification Application will differ from those compl eted for the FWMEP.
Page 473
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-7
June 2023
guidelines for the identification of impacts for the FWMEP for other resources areas (for example,
surface water hydrology, aquatic resources, terrestrial wildlife, special-status species, and recreation)
and that CPW may have additional concerns about potential Project effects on aquatic resources and
wildlife that are not fully addressed by a standards-based approach but that may be addressed through
this FWMEP. To understand and evaluate these additional potential concerns, Fort Collins and their
technical consultants engaged in numerous meetings5 with CPW and the WQCD to discuss water quality
and temperature current conditions, the approach to identifying potential water quality impacts, and
the potential impacts identified. One outcome of these discussions, as noted previously, is the
consideration of a threshold more stringent than existing standards as a special-case exception for iron
below Halligan Reservoir, in response to CPW’s expressed concerns regarding the protectiveness of the
existing aquatic life standard for this constituent.
Additional temperature and water quality modeling is planned for the CWA Section 401 water quality
certification process. This includes temperature modeling of the North Fork and Poudre River Mainstem,
as well as temperature and water quality modeling of Halligan and Seaman Reservoirs. Note that
modeling for Halligan Reservoir will simulate the effects of the relocation of the dam and the selected
demolition plan. Modeling results will allow for more definitive determination of any long-term water-
quality impacts associated with the new dam configuration that are not anticipated at this time.
Modeling for the CWA Section 401 water quality certification process will also support the
antidegradation analysis. Antidegradation analyses will allow for the identification of smaller-scale
impacts, if present, relative to the baseline available increment, which cannot be reliably identified
before numerical modeling. Any antidegradation impacts (including those relative to aquatic life
standards) will be evaluated as part of the CWA Section 401 water quality certification application.
Further, per the 2017 Memorandum of Understanding (CDPHE and CDNR 2017), intended to streamline
the state’s role regarding FWMEP and CWA Section 401 water quality certification permitting for water
supply projects, CPW may coordinate with CDPHE on the CWA Section 401 water quality certification,
including development of conditions. Therefore, in the event that additional aquatic life surface water-
quality impacts are identified through modeling and associated antidegradation analysis to be
conducted for the CWA Section 401 water quality certification process, CPW will have an opportunity to
participate in development of appropriate CWA Section 401 water quality certification conditions for the
Halligan Project. If the additional temperature and water quality modeling demonstrates that there are
impacts on aquatic life that will not be addressed in the CWA Section 401 water quality certification,
Fort Collins will work with CPW to develop additional mitigation measures as needed.
The following subsections describe each of the currently anticipated potential surface water-quality
impacts of the Halligan Project. Additionally, the rationale for not anticipating DO impacts downstream
of Halligan Reservoir is provided. A range of other key constituents/locations were considered, but
ultimately no impacts are anticipated, as documented in recent memoranda to CPW (Hydros 2022a
and 2022c). These memoranda reflect information presented in various communications and meetings
with CPW.
3.4.2.1 Water Temperature on the North Fork from Halligan Reservoir Dam to Seaman
Reservoir
Decreased summer flow rates at times because of the Halligan Project could cause or contribute to
existing summer temperature exceedances (acute and chronic) in the North Fork between Halligan
Reservoir and Seaman Reservoir. These impacts would be expected to occur at times in the months of
July through September, varying by year, depending on hydrology.
Page 474
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-8
June 2023
3.4.2.2 Water Temperature on the North Fork Below Seaman Reservoir
Decreased summer flow rates at times because of the Halligan Project could cause or contribute to
existing summer temperature exceedances (primarily chronic, but also potentially acute) in the CWA
Section 303(d)-listed reach of the North Fork below Seaman Reservoir. These impacts would be
expected to occur at times in the months of July through September, varying by year, depending on
hydrology.
3.4.2.3 Dissolved Oxygen Below Halligan Reservoir
Recognizing the anticipated increase in residence time for Halligan Reservoir with the Halligan Project
(that is, roughly doubling average monthly residence time through the summer based on modeled flows
from 1980 to 2005; Figure 3-1; Hydros 2022a), the potential for low DO (that is, at levels of concerns to
aquatic life) in releases from Halligan Reservoir was considered but ruled out as an anticipated impact.
This section explains the considerations behind that decision.
Figure 3-1. Average Monthly Residence Times With and Without the Halligan Project Based on
Common Technical Platform Flows, 1980–2005
There is the potential that DO concentrations in the hypolimnion of Halligan Reservoir could decrease in
some years in the summer because of the Halligan Project. The magnitude of this potential effect is
uncertain but expected to be relatively small, given the competing factors associated with the reservoir
expansion. These competing factors include an increase in summer residence time (more time for
oxygen consumption in the hypolimnion through decay of organic matter/sediment oxygen demand), a
potentially larger hypolimnion (providing a greater volume for dilution of any oxygen effects), and
possible cooler bottom temperatures (slowing the rate of organic matter decay).
It is acknowledged that the net result of these competing factors could result in a small decrease in DO
at the bottom of Halligan Reservoir. However, any such decrease is not expected to cause DO
Page 475
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-9
June 2023
concentrations to reach levels of concern for aquatic life below Halligan Reservoir for two reasons. First,
in spite of existing cases of observed low DO in the Halligan Reservoir hypolimnion during stratification,
there are no observed cases of DO concentrations approaching levels of concern (aquatic life standards)
in the North Fork at the sampling location below the dam (NBH). Therefore, any small changes to DO at
the bottom of Halligan Reservoir are unlikely to result in major changes at NBH that would cause
concern. Second, there are plans to include passive aeration into the design of the new Halligan
Reservoir dam outlet, as described in Section 4.2.2. This passive aeration should increase the rate of
reaeration of releases, addressing any small decrease in DO that may occur because of the Project.
Based on this, DO below Halligan Reservoir is discussed here, but it is not identified as an anticipated
adverse impact of the Halligan Project. This anticipated response will be further evaluated
(quantitatively) as part of the modeling planned for the CWA Section 401 water quality certification
process.
3.4.2.4 Sediment Below Halligan Reservoir
Careful management of existing sediment in Halligan Reservoir is needed during construction of the new
dam and for long-term operations of the reservoir with the Halligan Project. Without such construction
and operational planning, it is possible that a detrimental sediment release event could occur.
3.4.2.5 Iron Below Halligan Reservoir
As described in Appendix C, CPW has raised concerns that the current iron standard for aquatic life is
not adequately protective7 and that existing concentrations below Halligan are currently above levels of
concern identified in recent literature (Cadmus et al. 2018). There is the potential that iron
concentrations below Halligan Reservoir could increase in late summer with the Halligan Project
because of increased duration of stratification and corresponding increased internal loading from
sediments (though there is no concern that iron concentrations would approach the current aquatic life
iron standard). CPW has expressed specific concerns about deposition of iron below Halligan Reservoir
having the potential to inhibit periphyton growth and directly interfere with benthic macroinvertebrates
and early life stages of fish. While there are no observations of iron deposition/precipitation onto
benthic material below the current Halligan Dam, CPW is concerned this may occur in the future with
the Halligan Project.
3.4.2.6 Water Temperature on the Main Stem from Munroe Canal Diversion to the
North Fork
Halligan Project diversions at the Fort Collins Intakes could cause and/or exacerbate chronic summer
temperature standard exceedances in most years by causing slight warming in a reach that already
exhibits exceedances of temperature standards. These impacts would be expected to occur in the
months of July through September, varying by year, depending on hydrology. Note that the majority of
Halligan Project diversions from the Main Stem would occur at the Fort Collins pipeline diversion (as
opposed to the Munroe Canal Diversion upstream). Therefore, the primary focus reach for this
anticipated potential impact is the approximately 0.5 river mile reach from the Fort Collins pipeline
diversion to the North Fork confluence. There will also be decreased flows (and corresponding increases
in summer temperatures) in the 0.9 river mile reach between the Munroe Canal Diversion and the Fort
Collins pipeline diversion, but the greater effects on flow rates and temperatures are expected to occur
between the Fort Collins pipeline diversion and the North Fork confluence.
7 Note that, while CPW has expressed concerns with the existing aquatic life standard for total iron, WQCD has made it clear that the existing standards
will be the basis for analysis in the HWSP 401 Certification Application, and a 251 ug/L will not be considered in that analysis as an aquatic life standard
for total iron.
Page 476
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-10
June 2023
3.4.2.7 Water Temperature on the Main Stem from North Fork to Hansen Supply Canal
Halligan Project diversions at the Fort Collins Intakes could cause and/or exacerbate chronic summer
temperature standard exceedances in most years by causing slight warming in the reach from the
North Fork to Hansen Supply Canal that already exhibits exceedances of temperature standards.
These impacts would be expected to occur in the months of July through September, varying by year,
depending on hydrology.
Note that no adverse effects to water temperature on the Main Stem downstream of Hansen Supply
Canal are anticipated from the Halligan Project. The small warming effects anticipated upstream of
Hansen Supply Canal are not expected to cause issues downstream of Hansen Supply Canal because of
the cooling influence of Hansen Supply Canal inflows in the summer months. As noted in Section 3.4.2,
Hansen Supply Canal releases comprise a large fraction of summer flow where it enters the Main Stem
(averaging 42 percent for July to September), making the river less sensitive to small changes in flow
rates through Poudre River Segment 10b.
In spite of the combined effects of increased amount of diversions at Munroe Canal and Fort Collins
pipeline diversions with increased summer flows from the North Fork, adverse water quality effects
from the Halligan Project, in terms of aquatic life, are not anticipated on the Main Stem below the
North Fork. While the Halligan Project will change the fraction of flow in the Poudre River coming from
the North Fork, the changes are expected to be small (Figure 3-2). As noted in Section 3.4.2, the largest
differences in water quality between the North Fork and the Main Stem upstream of the North Fork
occur in summer months, but minimal percent changes in North Fork contributions to Main Stem flows
are expected in summer (Figure 3-2). Additionally, these small percent flow changes in summer are at
the time of year when the North Fork contributes the smallest percentage to the Main Stem, further
minimizing effects on Main Stem water quality. Beyond monthly average effects, review of individual
years of modeled flows with and without the Halligan Project show minimal changes to the resulting
distribution of flow contributions from the North Fork to the Main Stem, particularly in summer months
(Hydros 2022). In short, the small anticipated changes in the fraction of flow from the North Fork would
not be expected to cause a notable shift in water quality on the Main Stem, particularly given the fact
that no aquatic life water-quality standards (other than temperature) are currently being approached or
exceeded on either the North Fork or the Main Stem downstream of the North Fork.
Page 477
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-11
June 2023
Figure 3-2. Average Monthly Percentage of Flow from the North Fork on the Main Stem below the
North Fork Confluence[a]
[a] Based on modeled flows of future conditions with and without the Halligan Project, 1980 to 2005. Modeled flows
reflect the combined Halligan Project effects of increased diversions upstream of the North Fork and changes to
flow patterns from the North Fork to the Main Stem. Note that these flows include the Summer Low-flow Plan
and Winter Release Plan (these are incorporated into all modeled flows with the Halligan Project), but these
flows do not include an agreement with the City of Greeley for immediate pass-through of those mitigation flows
through Seaman Reservoir.
3.5 Aquatic Resources
Aquatic biological resources include fish, benthic macroinvertebrates, periphyton, and aquatic plant
communities and their habitat. The suitability of a stream to support aquatic resources is influenced by
multiple factors, including hydrology (Section 3.3) and water quality (Section 3.4), geomorphology, and
riparian vegetation. The North Fork below Halligan Reservoir provides mountain-to-plains transitional
habitat suitable for small-bodied native fish, as well as trout and other species. Throughout consultation
with CPW (for example, meetings between CPW and Fort Collins in fall 2020) for the Halligan Project,
CPW indicated that their primary focus for the North Fork below Halligan Reservoir is to protect small-
bodied native fish species and rainbow trout. This section describes the geomorphology and currently
present fish species assemblages in the North Fork to provide a baseline understanding of current
conditions for aquatic resources, with a particular focus on small-bodied native fish and rainbow trout.
3.5.1 Current Conditions for Aquatic Resources
The DEIS Section 3.8.5 describes modified flow regimes and habitat conditions in the North Fork
compared to historical conditions because of the operation of Halligan Reservoir, built in 1909, and the
Seaman Reservoir, built in 1941. DEIS Section 3.8.5 states that currently, stream habitat upstream of
Halligan Reservoir includes a mix of approximately half riffles and half pools, and runs-glides. The banks
are stable, and the substrate is a mix of gravel, cobble, and boulders. There was not excessive
Page 478
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-12
June 2023
sedimentation of the substrate (Corps 2019). Halligan Reservoir, the North Fork flows through Phantom
Canyon, which laterally confines the river channel with little to no overbank/floodplain areas. A notable
transition in river condition occurs within Phantom Canyon at the North Poudre Canal Diversion;
immediately downstream of the North Poudre Canal Diversion, the thalweg becomes indistinct, and the
North Fork is often dry, filled with bed material, and heavily encroached by vegetation. As described in
the DEIS and summarized in Section 3.3.1, the total flow of the North Fork is sometimes captured by the
North Poudre Canal Diversion, and releases from both the Halligan and Seaman Reservoirs are
sometimes reduced to zero, leading to zero-flow days and dry-up points throughout the year. In the dry
sections, habitat for aquatic organisms is temporarily eliminated, although some of the functions of
stream habitat persist in a limited way through the dry periods (for example, some organisms can find
limited habitat refuge in isolated pools or by burrowing into moist substrate, and isolated sections of
deep pools and upwelling groundwater are present downstream of the North Poudre Canal Diversion
that provide refuge).
The DEIS Section 3.8.3.4 summarizes fish survey data from 1959 through 2017 based on the presence of
species and relative abundance. The North Fork supported mostly warmwater fish in terms of number of
species, but brown trout (Salmo trutta) was often the most abundant during recent sampling events
(CPW 2018).
Species assemblage data (unpublished), collected between 1960 and 2019 (CPW 2020a) was analyzed to
identify specific small-bodied native fish of interest in the North Fork that may be potentially affected by
shifting operational strategies. The fish survey of the North Fork used for analysis was conducted during
November 2017 (CPW 2018). Information obtained from the 2017 Fishery Sampling Survey Summary
provides the information about the fish communities in the North Fork below Halligan Reservoir.
Despite the altered flow regime in the North Fork, the 2017 Fishery Sampling Survey Summary notes
that the fishery within Phantom Canyon has maintained a viable trout population and native fish
component. These fish sampling efforts indicated high densities of introduced salmonids and small-
bodied native fish. Five species native to the drainage were collected in 2017 in the North Fork below
Halligan Reservoir and above the North Poudre Canal Diversion. Of those five native species, only two
were observed downstream of the North Poudre Canal Diversion. Non-native species were found both
above and below the North Poudre Canal Diversion.
Unpublished data provided by CPW (CPW 2020a) collected over the past 59 years on the North Fork
between Halligan and Seaman Reservoirs, including the 2017 study described in the previous paragraph,
identified the following species in the North Fork:
• Native species: black bullhead (Ameiurus melas), creek chub (Semotilus atromaculatus), green
sunfish (Lepomis cyanellus), Iowa darter (Etheostoma exile), johnny darter (Rhinichthys cataractae),
fathead minnow (Pimephales promelas), longnose dace (Rhinichthys cataractae), longnose sucker
(Catostomus larkiaus), and white sucker (Catostomus commersonii).
• Introduced species: brook stickleback (Culaea inconstans), brown trout (Salmo trutta), cutbow
(Oncorhynchus larkia × mykiss), rainbow trout (Oncorhynchus mykiss), and yellow perch (Perca
flavescens).
Spawning of small-bodied native fish in the North Fork is temporally limited by seasonal water
temperatures. Species observed in the North Fork below Halligan Reservoir require temperatures that
range from 12 degrees Celsius (°C) to 29°C (Woodling 1985). Based on temperature data analyzed from
2016 to 2020 (Hydros 2021d), the North Fork below Halligan Reservoir currently maintains suitable
spawning temperatures for small-bodied native fish from approximately June to October.
Page 479
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-13
June 2023
3.5.1.1 Current Conditions for Macroinvertebrates
DEIS Section 3.8.3.6 discusses current conditions for macroinvertebrates in the North Fork. The section
references existing macroinvertebrate data available from the CDPHE (2012), Miller Ecological
Consultants (Miller) (2009), and the Nature Conservancy (2012), along with additional data collected in
2015 by GEI in support of the DEIS (GEI 2019).
DEIS Section 3.8.3.6 summarizes the current conditions for macroinvertebrates on page 3-146:
Benthic macroinvertebrate data were available from at least one site in each segment, primarily
from the current conditions time period. In Segment 1 (below Halligan Dam), an abundant
community of invertebrates exists, including some sensitive mayfly, stonefly, and caddisfly species,
suggesting water quality is sufficient to support sensitive species. However, the number of taxa,
number of mayfly, stonefly, and caddisfly species, and diversity are lower than expected at the site
downstream of Halligan Reservoir compared to other sites in the study area, indicating the
community may be experiencing some stress. The reduced number of taxa and low diversity
downstream of Halligan Reservoir is a common characteristic of tailwater benthic invertebrate
communities due to the altered physical and chemical environment downstream of reservoirs.
The DEIS Section 4.8.3.4.2 analysis found that the macroinvertebrate multimetric index (MMI) scores
improved in Segment 1 (Halligan Reservoir Outlet to the North Poudre Canal Diversion) from 43 in 2011
to 70 to 82 in 2015 (well above the attainment threshold). MMI scores collected by GEI in 2015 in
Segment 2a (North Poudre Canal Diversion to Rabbit Creek) ranged from 76 to 79 (well above the
attainment threshold). MMI scores in Segment 2b (Rabbit Creek to Seaman Reservoir Inlet) were 47
in 2005 and 67 in 2007 (the MMI score of 67 was above the threshold for Attainment in 2007). The data
for Segment 3 (Seaman Reservoir Outlet to Confluence) suggest that the tailwater effect seen below
Halligan Reservoir is also occurring downstream of Seaman Reservoir, resulting in a high density of a few
species and relatively low diversity index values. A MMI score of 46 was calculated for the spring 2003
sample. Three samples from 2015 had MMI scores ranging from 64 to 72 (above the attainment
threshold of 52), suggesting recent improvements in the macroinvertebrate community.
No macroinvertebrate sampling has occurred above Halligan Reservoir; however, one may assume a
high MMI score in the reach above Halligan Reservoir due to the relatively pristine stream conditions
including a healthy riffle-pool plan form, boulder-cobble-gravel substrate, and natural stream hydrology.
3.5.2 Halligan Project Effects on Aquatic Resources
The Halligan Project’s influence on aquatic resources is closely tied to surface water hydrology, as
described in Section 3.3. Therefore, both the beneficial and adverse effects on aquatic resources
generally follow those described for surface water hydrology in Section 3.3. The DEIS Section 4.3.8
(Corps 2019) and supporting technical reports describe the Halligan Project’s expected beneficial and
adverse effects on the aquatic resources and river morphology of the North Fork (GEI 2016;
WEST 2017b; City of Fort Collins 2017). In the DEIS, Halligan Project effects were evaluated by predicting
the influence of flow changes on available habitat used by aquatic organisms, including riffle and pool
complexes, which are special aquatic sites identified in the Section 404(b)(1) guidelines.
As discussed above in Inundation Effects (Section 3.3.2.1), the Halligan Project would inundate two
sections on the North Fork: (1) permanent the inundation of a short (approximately 200 feet) section of
the North Fork between the existing dam and the replacement dam (Downstream Permanently
Page 480
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-14
June 2023
Inundated 200 feet); and (2) the intermittent inundation of an approximately 0.75 mile stretch of the
North Fork upstream of the existing Halligan Reservoir (Upstream Intermittently Inundated 0.75 mile).
• Downstream Permanently Inundated 200 Feet. During construction the aquatic community in a
short section (approximately 200-feet) of the North Fork would be temporarily disrupted during the
construction of the replacement dam in between the existing and replacement dam. In addition,
another portion of the reach, approximately 200 feet downstream of the replacement dam down to
the temporary construction river crossing, will be impacted. Once construction is complete the
approximately 200-feet between the replacement dam and the existing dam would be permanently
inundated, converting the controlled river habitat to reservoir.
• Upstream Intermittently Inundated 0.75 Mile. DEIS Sections 4.8.3.1 and 4.8.3.4.1.1 discuss the
intermittent inundation of the North Fork would transition the aquatic environment of the 0.75-mile
free-flowing (lotic) aquatic habitat to an intermittently ponded (lentic) inlet channel. The transition
would result from significantly higher levels of fine sediment which will eliminate pool habitat and
reduces cobble and gravel habitat that could be used for fish spawning. DEIS Sections 4.8.3.1 and
4.8.3.4.1.1 identify the loss of approximately 0.75 mile of the North Folk, including approximately
3.5 acres of free-flowing riffle and pool complexes as major adverse effect.
DEIS Section 4.8.3.4.1.1 describes the North Fork as a coldwater stream community of fish, benthic
macroinvertebrates, and algae that would be replaced with a reservoir community as a result of the
Halligan Project. Many of the fish species, such as the recreationally important brown and rainbow
trout, would still be able to use the reservoir habitat; however, some functions such as spawning would
be eliminated in the inundated sections as described above in Section 3.3.2.1. Other species, such as
longnose dace, prefer stream habitat and likely would not use the reservoir (Corps 2019; DEIS
Section 4.8.3.4.1.1). The permanent inundation of the controlled stream below the existing dam and the
intermittent inundation and permanent sedimentation of 0.75 mile of natural free-flowing stream, as
well as associated lotic system functions, would be a permanent direct impact from the Halligan Project
that would eliminate existing lotic aquatic habitat upstream.
DEIS Section 4.8.3.4.4 describes the benefit of improved stream flows from operation of the enlarged
reservoir, including minimum winter and summer flow releases and peak flow bypasses (refer to
Section 4.2.1 of this FWMEP) for a distance of approximately 22 miles along the North Fork below
Halligan Reservoir. The DEIS Section 4.8.3.4.1.3 states that the Halligan Project would maintain instream
habitat for aquatic organisms throughout the year, thus eliminating dry riverbed conditions and
resulting in major seasonal beneficial effects for aquatic resources from Halligan Reservoir downstream
to the North Poudre Canal return flow (approximately 8 miles) on the North Fork with moderate
beneficial effects from the North Poudre Canal return flow down to Rabbit Creek (approximately
2 miles), and minor benefits extending from the Rabbit Creek down to Seaman Reservoir, a total
distance of approximately 12 miles. The Halligan Project would increase stream flows in winter and
other traditionally low-flow periods, improve river connectivity during low-flow periods from a condition
with frequent dry-up points, and increase downstream areas of riffle and pool complexes. The enlarged
reservoir operations would eliminate almost all8 zero-flow days at frequent dry-up points and minimize
extreme flow fluctuations from Fort Collins’ use of the enlargement. The DEIS notes that additional
flows would result in a more robust plant community and improve the fishery health of the North Fork.
As described in the DEIS, about 5.8 to 12.1 acres of riffle and pool complexes in the North Fork would
8 See potential exceptions at end of this section 4.2.1.1 Winter Release Plan “Curtailment of the Winter Release Plan” and section 4.2.1.2 Summer Low-
flow Plan “Curtailment of the Summer Low-flow Plan”.
Page 481
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-15
June 2023
experience continuous flow and no zero-flow days. Table 3-1 summarizes Halligan Project effects on
riffle and pool complexes on the North Fork.
Table 3-1. Summary of Halligan Project Effects on Riffle and Pool Complexes
Area Effect Riffle and Pool
Complex Area (acres)
North Fork upstream of existing reservoir
(DEIS Section 4.8.3.4.1.2)
Loss due to inundation -3.5
North Fork between existing dam and replacement dam
(based on geographic information system [GIS] evaluation
by Jacobs)
Loss due to inundation -0.3
North Fork downstream of replacement dam to Rabbit
Creek 10 miles, which is 4 miles below the North Poudre
Canal Diversion (DEIS Section 4.8.3.4.1.3)
Benefit from year-
round flows
+5.8 to +12.1[a]
Net Effect +2.0 to +8.3[a]
[a] Varying calculations have been used to determine the area of restored riffle-pool complexes downstream of the
North Poudre Canal Diversion.
3.5.3 Wetlands
Wetlands effects are regulated under the CWA and will be addressed through the SWA Section 404
permitting process. Wetlands conditions, effects, and mitigation are regulated by the Corps. They will be
described in the FEIS, and are not addressed in this FWMEP. Fort Collins will prepare a wetlands
mitigation plan independent of this FWMEP for future authorization by the Corps as part of the CWA
Section 404 permitting process.
Wetland habitats exist around Halligan Reservoir and along the North Fork upstream and downstream
of the reservoir. Wetlands provide an important habitat type for both terrestrial and aquatic wildlife of
the region. Many species of amphibians, reptiles, birds, and mammals utilize these habitats at various
times in their life. Several of these species are uniquely adapted to these aquatic environments. Wetland
habitats are especially vital for migratory birds, and numerous big game species such as deer, elk, and
bear will commonly use wetlands for food and shelter. The DEIS notes that the net impact on wetlands
from the Halligan Project would be moderate. Although inundation would result in the long-term loss of
16.74 acres of wetland (10.92 acres of palustrine scrub-shrub wetlands, 4.89 acres of lacustrine littoral
emergent wetlands, 0.021 acre of palustrine emergent wetlands, and 0.91 acre of forested wetlands)
mostly along or below the ordinary high water mark of the existing reservoir, nearly 11 acres of wetland
are expected to re-establish along the enlarged reservoir ordinary high water mark. The Halligan Project
flow-related operational measures (Section 4.2.1) may improve river connectivity during low-flow
periods between Halligan Reservoir downstream to the North Poudre Canal return flow on the North
Fork, and provide more wetted area that would benefit approximately 22 miles of the North Fork, and
may improve riparian wetlands.
3.6 Terrestrial Wildlife Including Big Game
Habitat within the Halligan Project Area supports a diverse array of mammals, and includes undeveloped
and undisturbed forest, shrubland, and grassland areas, as well as riparian communities and wetlands.
The DEIS identifies a variety of large and small mammals that range within the Project Area, including
game species such as elk (Cervus canadensis), mule deer (Odocoileus hemionus), white-tailed deer
Page 482
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-16
June 2023
(Odocoileus virginianus), Rocky Mountain bighorn sheep, mountain lion (Puma concolor), black bear
(Ursus americanus), and pronghorn (Antilocapra americana). Rocky Mountain bighorn sheep are
discussed in Section 3.7.
3.6.1 Current Conditions for Big Game
The DEIS describes similar conditions for big game species (elk, deer, and pronghorn). For elk, the
Halligan Project is within CPW’s Elk Data Analysis Unit E-4—the Red Feather-Poudre Canyon Elk Herd.
The primary impact on elk habitat in this data analysis unit is the growth of small acreage rural
subdivisions and the resulting loss of overall and winter elk range.
The DEIS indicates that both mule deer and white-tailed deer inhabit CPW’s Deer Data Analysis
Unit D-4—the Red Feather-Poudre Canyon Deer Herd, which encompasses the Halligan Project Area.
Similar to elk, the primary impact on deer is the growth of rural subdivisions and small acreage
developments that would result in the loss of deer overall and winter range. As described in the DEIS,
CPW identifies potential water development projects within the Data Analysis Unit D-4 as potentially
having a pronounced cumulative impact on overall and winter deer range for the Red Feather-Poudre
Canyon Deer Herd. In the early 2000s, the deer herd population objective was decreased to reduce the
prevalence of chronic wasting disease. The population objective has since been increased because
chronic wasting disease is no longer affecting the herd.
Pronghorn are common in undeveloped grasslands and shrublands of eastern Colorado, including the
area around Halligan Reservoir. The Halligan Project is within Pronghorn Data Analysis Unit PH33.
As noted in the DEIS, CPW mapped pronghorn range covering Halligan Reservoir, and has identified a
concentration area where winter population densities are greater than surrounding areas from the
eastern end of the reservoir and extending to the north and east. The DEIS notes that CPW does not
identify any significant issues related to this herd.
3.6.2 Current Conditions for Other Wildlife
The DEIS notes that grasslands and shrublands in and around the Halligan Project can potentially
support healthy populations of small mammals, such as rabbits, squirrels, chipmunks, mice, and other
rodents, and the predator species that feed on small mammals, such as coyote, fox, and badger.
Riparian areas and wetlands can support additional species, including raccoon, muskrat, meadow vole,
and Preble’s meadow jumping mouse. Deciduous trees near riparian areas, as well as rock crevices, can
provide potential roosts for bats. Rocky outcroppings also provide feeding and general cover for a
variety of animals.
3.6.3 Halligan Project Effects on Big Game and Other Wildlife
The long-term impacts of the Halligan Project on most small, medium, and large terrestrial mammals
would be negligible or not measurable. As described in the DEIS, potential long-term big game range
impacts would result from habitat inundation caused by new inundation from the enlarged reservoir
(approximately 138 acres). As a result, some terrestrial vegetation and wildlife habitat would be
replaced with open water habitat, thereby reducing habitat availability for terrestrial (for example, big
game, small mammals, and upland migratory birds) species, while increasing habitat for aquatic species
(for example, waterfowl). The access roads, borrow pits, and dam footprint would result in a smaller
permanent impact (approximately 27 acres). Temporary impacts (approximately 31.5 acres) would be
related to construction and include relocation of existing overhead power lines and poles, removal of
vegetation around the dam and reservoir, as well as facilities or areas that would be restored following
construction, including access roads and staging areas. Proposed mitigation for vegetation and habitat
loss impacts on the Cherokee State Wildlife Area (SWA) are discussed further in Section 4 of this plan.
Page 483
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-17
June 2023
The DEIS noted that indirect effects on wildlife and big game could involve stress and displacement of
wildlife caused by noise and disturbance from construction activities, transportation of people and
materials, and general human activity in the reservoir and NPIC diversion areas. In addition, vehicle and
equipment emissions and fugitive dust also might displace wildlife. Proposed avoidance and
minimization measures for noise and construction-related activities (that is, timing restrictions for the
relocation of overhead power lines and poles at Halligan Reservoir and for the North Poudre Canal and
Calloway Diversions) are discussed in Section 4 of this FWMEP. There may be a shift in the movement of
some big game species as a result of construction activities and disturbances that could result in
increased collisions with vehicles. This displacement and disturbance of big game may place additional
stress on individuals of these species; however, the DEIS determined that it is likely to have a negligible
effect on elk, mule deer, white-tailed deer, and pronghorn populations. Wildlife resources at Halligan
Reservoir could also be indirectly affected by the possible introduction or establishment of noxious
weeds, soil erosion, and potential alteration of stream flows in the North Fork. The potential effects of
altered flows along the North Fork because of the Winter Release Plan and Summer Low-flow Plan are
expected to have an overall minor benefit to wetland and riparian vegetation on the North Fork.
Noxious weed establishment and soil erosion would affect native vegetation communities. A change in
vegetation resulting from the establishment of noxious weeds and soil erosion may result in a lower
carrying capacity for some species in the area; however, it would be unlikely to result in complete loss of
suitable habitat. However, the Project will minimize construction impacts through the development and
implementation of a noxious weed management plan and revegetation and erosion control plans. The
enlarged reservoir may also have a negligible to minor effect on wildlife movement as a result of
inundation of existing wildlife trails on the North Fork upstream of the existing reservoir. The Corps
anticipates that wildlife would acclimate quickly to these changes that would occur in the inundation
area because the existing reservoir’s water level varies seasonally.
The DEIS evaluated regional species of big game, other mammals, birds, reptiles, and amphibians for
potential effects of the Halligan Project on individual species or supporting habitat. Based on that
evaluation, it is expected that the Halligan Project would result in no or negligible adverse effects on the
following species:
• Elk
• White-tailed deer
• Pronghorn
• Black bear
• Mountain lion
• Other small, medium, and large terrestrial mammals
• Raptors
• Waterfowl
• Migratory birds
• Bats
• Amphibians
• Reptiles
In the DEIS, the Corps assumed that long-term effects such as limiting range types, and suitable habitat
within those range types, were the most relevant effects for big game species. The mule deer was the
only big game species identified in the DEIS that would experience impacts on suitable habitat within a
limiting range type as a result of the Halligan Project, with approximately 118 acres (approximately
0.09 percent) of impact on severe winter range. The DEIS notes that effects on mule deer movement
Page 484
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-18
June 2023
from the Halligan Project, including inundation of the North Fork within the Cherokee SWA, would be
negligible to minor because known migration corridors would not be affected.
Table 3-2 summarizes permanent and temporary impacts on big game range from the Halligan Project9
relative to range type in the data analysis unit (the geographic area that includes year-round range of a
big game herd).
Table 3-2. Cumulative, Permanent, and Temporary Impacts of Halligan Project on Big Game Habitat
Range Type Range Type in the
DAU (acres), from
DEIS Table 4-55
Permanent
Impacts
(acres)[a]
Temporary
Impacts
(acres)
Range Loss as
Percentage
of DAU
Range Loss as
Percentage
of GMU[b]
(acres)
Effect
Determination
in DEIS
Bighorn sheep—
overall range
(Section 3.7)[c]
208,771 155.5 31.5 0.07% 0.15% Negligible
Elk—overall range 208,771 165.0 31.5 0.08% 0.09% Negligible
Mule deer—overall
range
1,145,320 165.0 31.5 0.01% 0.09% Minor
Mule deer—severe
winter range
128,724 165.0 31.5 0.13% 0.15% Minor
Mule deer—winter
range
613,074 165.0 31.5 0.03% 0.09% Minor
Pronghorn—
overall range
109,535 165.0 31.5 0.15% 0.73% Negligible
Pronghorn—winter
range
174,203 165.0 31.5 0.1% 0.75% Negligible
White-tailed
deer—overall
range
239,940 22.7 13.6 0.01% 0.14% Negligible
[a] DEIS Table 4-55 presents slightly lower permanent impacts (up to 132.5 acres). This table presents estimated
cumulative long-term direct effects would result from inundation (138 acres) and direct footprint impacts
associated with dam replacement construction (27 acres), for a total of approximately 165 acres.
[b] The Lone Pine bighorn sheep herd are in GMU S40, while the elk, deer, and pronghorn are part of GMU 191.
[c] The DEIS based bighorn sheep impacts on DAUs RBS-1 for an overall range area of 208,771 acres. Based on input
from CPW, bighorn sheep range has been further evaluated in this FWMEP based on the GMU level for the Lone
Pine herd, as described in Section 3.7. Based on that analysis, Project-related habitat loss for bighorn sheep may
be up to 0.15 percent of overall range.
DAU = data analysis unit
GMU = game management unit
9 Permanent impacts on big game range presented here differ slightly from the impacts listed in Table 4 -55 of the DEIS because of updated dam
design elements.
Page 485
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-19
June 2023
3.7 Rocky Mountain Bighorn Sheep
3.7.1 Current Conditions for Bighorn Sheep
Halligan Reservoir lies within the known overall range and habitat use area of the Lone Pine bighorn
sheep herd (also known as the S40 Herd). According to CPW, the Lone Pine herd is a low-elevation herd
that uses a range of habitat throughout the year. CPW has expressed concerns that the current CPW
species activity mapping (SAM) for the Lone Pine herd is incomplete based on recent CPW data
collection efforts; thus, CPW has advised Fort Collins to use caution when applying CPW SAM data to
this herd.
The current population of the Lone Pine herd has declined from an estimated 35 bighorn sheep in 2016,
to 15 bighorn sheep in 2021. The cause for the population decline is unknown (CPW 2021b). Range maps
based on the CPW SAM data were evaluated in the DEIS and indicate that Halligan Reservoir is within
the bighorn sheep overall and summer range. Anecdotal evidence referenced in the DEIS has
subsequently been confirmed by CPW that bighorn sheep use the area below Halligan Dam, Phantom
Canyon, and adjacent habitat, and are frequently seen approximately 2.5 miles south of Halligan
Reservoir and approximately 1 mile west of Phantom Canyon Ranch near Calloway Hill. In addition,
members of Lone Pine herd use a linkage area that connects habitat east of Highway 287 to Phantom
Canyon and farther southwest to the Lower Cherokee and Lone Pine units of the SWA. The bighorn
sheep habitat areas as provided by CPW have been identified on Figure 3-3.
3.7.2 Lone Pine Herd Additional Data Evaluation
Fort Collins performed an additional evaluation of bighorn sheep conditions to support discussions with
CPW. Figure 3-3 shows the best available data on the Lone Pine herd that were reviewed for the Halligan
Project and mitigation strategy development. The habits of this herd, including home range, habitat use,
production areas, and natural movement routes, have not been thoroughly studied. However,
compilation of available data and local observations indicate that the Lone Pine herd covers more than
approximately 16 square miles of viable habitat near the Halligan Project. CPW is using trail cameras and
radio collars to collect Lone Pine herd range and movement data. This data collection is ongoing, and
CPW does not expect to have quantitative data available in the near term (CPW 2021a).
Page 486
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-20
June 2023
Figure 3-3. Halligan Project Elements and Bighorn Sheep Suitable Habitat
Page 487
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-21
June 2023
The following summarizes the current understanding of the Lone Pine herd range and habits around the
Halligan Project Area.
• Upstream of Halligan Reservoir–Based on CPW data (CPW 2021b), the Lone Pine herd uses
available habitat in the Cherokee Park area. Bighorn sheep have been documented as far north as
the Middle Unit of the Cherokee SWA, Phantom Canyon, and south of County Road 74E (Red
Feather Lakes Road).
• Halligan Reservoir–The extent of herd range use at and near the Halligan Dam is not well
understood. To date, the areas immediately adjacent to Halligan Reservoir near the existing dam
have not been mapped as suitable habitat by CPW (Figure 3-3). Suitable habitat is determined based
on vegetative and topographical habitat features, namely steep rocky slopes with escape cover near
open areas suitable for grazing. Field observations from CPW staff and the public indicate that
bighorn sheep cross Phantom Canyon below Halligan Dam generally between North Poudre Canal
Diversion and the Calloway Diversion with increased presence in the spring and fall months.
• North Fork downstream of Halligan Reservoir–Trail camera images and field observations
document Phantom Canyon use by the Lone Pine herd throughout the year. Bighorn sheep are
frequently seen approximately 2.5 miles south of Halligan Reservoir and approximately 1.0 mile
west of The Nature Conservancy’s Phantom Canyon Ranch near Calloway Hill. The linkage area that
connects the habitat east of Highway 287 along Stonewall Creek and the ridgeline to Phantom
Canyon where it then widens in the vicinity of Calloway Hill on to the Cherokee SWA, including parts
of Rabbit Creek Ranch. This linkage area is important because it provides suitable temporary
habitats and allows for the movement of individuals or the Lone Pine herd population to known
larger suitable habitat patches across a fractured landscape.
Surrounding areas–Ram bands have been seen east of Highway 287 along Stonewall Creek using
prominent escarpments (Steamboat Rock area), and with annual fidelity, the herd uses private lands
east of the Lone Pine Unit of the Cherokee SWA and east of Phantom Canyon. Near Stonewall Creek
upstream of its confluence with the North Fork, local residents have observed individual rams annually
from approximately March to October, east of Highway 287 on the 10-mile parcel of Roberts Ranch, as
far north as the Steamboat Rock land feature, and east to approximately 1.0 mile east of Steamboat
Rock. Rams have been hit and killed by vehicles on Highway 287 in this area (Thode, pers. comm. 2021).
3.7.3 Lone Pine Herd Management Challenges
According to CPW (CPW 2021b), an existing and ongoing challenge in managing the Lone Pine herd is
the known proximity to domestic sheep grazing, which has the potential to introduce disease to wild
bighorn sheep. Several land managers within the Lone Pine herd-occupied range along the North Fork
River corridor use domestic sheep and goats for weed management. Although domestic sheep can be an
effective vegetation management tool, this practice increases the chance of commingling between the
Lone Pine herd and domestic sheep. Domestic sheep grazing has been occurring seasonally from late
April through mid-July since 2016 on private land within the range of the Lone Pine herd. The greatest
concern of commingling between the Lone Pine herd and domestic sheep is the transmission of deadly
pathogens between domestic sheep populations and bighorn sheep. Fort Collins staff have been
exploring opportunities to effectively separate the Lone Pine herd and domestic sheep in this area for
several years; however, because of local interest, domestic sheep management practices have not
changed in this area.
An additional challenge identified by CPW is the degradation of bighorn sheep habitat on the Cherokee
SWA’s Lower Unit, Roy Brown Unit, and Lone Pine Unit over the past decade caused by invasive
Page 488
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-22
June 2023
cheatgrass (Bromus tectorum). Cheatgrass has diminished the quality of bighorn sheep habitat on the
landscape where once high-value bighorn sheep habitat occurred. Figure 3-3 shows the best available
data on the Lone Pine herd that have been reviewed for the Halligan Project and mitigation strategy
development.
3.7.4 Halligan Project Effects on Rocky Mountain Bighorn Sheep
The direct and indirect effects from the Halligan Project described for terrestrial wildlife and big game in
Section 3.6 generally apply to bighorn sheep. The DEIS notes that severe winter range is the limiting
range type for bighorn sheep. As noted in the DEIS, because there is no loss of bighorn sheep severe
winter range, both long- and short-term direct effects of the Halligan Project on bighorn sheep would be
negligible, with no measurable or perceptible consequences to the Lone Pine herd from long-term
habitat loss created by inundation.
However, CPW has asserted that the Lone Pine herd in the affected area is a low-elevation herd that has
no defining seasonal range. This herd uses the different habitat types within the entire bighorn sheep
range throughout the year based on the specific habitat requirements needed at the time. The overall
habitat has a multitude of foraging, lambing, resting, mating, thermal cover, and predator avoidance
areas that are used many times throughout the year in no specific season. Relative to direct permanent
effects, the Lone Pine herd’s S40 Unit has a total area of 272,892 acres, of which 99,286 acres are
mapped as overall range for bighorn sheep. Direct habitat loss (155.5 acres) from the Project within the
S40 Unit amounts to 0.15 percent loss of overall range within the Lone Pine herd’s S40 Unit.
Indirect effects and temporary direct effects on bighorn sheep and other big game could involve
displacement caused by noise and disturbance from construction activities, transportation of people and
materials, and general human activity in the reservoir and NPIC diversion areas. In addition, vehicle and
equipment emissions and fugitive dust may have an effect on bighorn sheep distribution. Displacement
of bighorn sheep and emissions of dust may increase the likelihood of respiratory distress, making
bighorn sheep more susceptible to disease. There may be a shift in the movement of bighorn sheep as a
result of construction activities. The DEIS also acknowledges that a potential indirect impact of Halligan
Dam rehabilitation is stress-related die-off of bighorn sheep. The DEIS Section 4.12.22, originally
determined that indirect effects from Halligan Dam rehabilitation would be moderate. This was largely
because of limited documentation of bighorn sheep in the vicinity of Halligan Reservoir, and because the
Halligan Project Area is outside any known bighorn sheep concentration area and is a small part of the
overall range.
CPW has recently collected data indicating that rams use the lower Phantom Canyon area. However,
effects are expected to be minimized because the majority of work activity will be outside this resident
bighorn sheep production area and work in the lower Phantom Canyon area would occur during winter
months when there is minimal bighorn sheep activity in the area and domestic sheep and goats are not
grazing on open range. In DEIS Section 4.12.2.2 the Corps recognized that the risk to bighorn sheep is
difficult to predict because of the lack of site-specific data and factors unrelated to the Halligan Project,
such as disease and drought. The Corps further noted that if the Halligan Project caused a die-off similar
to what happened at Waterton Canyon (75 percent to 85 percent and 2-year continued lamb mortality),
it would be a major long-term (greater than 20 years) indirect effect on the local bighorn sheep herd
that may or may not be permanent.
CPW provided specific concerns regarding impacts on bighorn sheep posed by Halligan Project
construction activities at the dam and the North Poudre Canal Diversion in a memorandum dated
January 11, 2021 (CPW 2021a) and expanded upon these concerns in subsequent meetings with
Fort Collins.
Page 489
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-23
June 2023
CPW identified two primary concerns for adverse impacts on bighorn sheep:
• Direct disturbance and stress from construction activities–Construction activities may disrupt
bighorn sheep feeding or movement and can be negatively affected by fugitive dust, which can
increase stress and the likelihood of disease.
• Seasonal movement disruption causing increased risk for commingling with domestic sheep–
Construction activities could disrupt or alter bighorn sheep movements and push the Lone Pine herd
into nearby domestic sheep and goat grazing allotments; this would increase the chance of
commingling and pathogen transfer between domestic and bighorn sheep. This could increase the
chance of a disease outbreak and a potential bighorn sheep die-off; the likelihood of disease
outbreak increases even further when combined with the added stress from construction general
habitat disturbances.
These temporary construction-related impacts could exacerbate the conditions in which bighorn sheep
may commingle with domestic sheep used for weed management within the Halligan Project Area.
3.8 Special-status Species
The DEIS describes terrestrial species of concern that could be affected by the Halligan Project. These
species of concern are federally listed as threatened or endangered under the ESA; identified as
sensitive by the BLM; listed as threatened, endangered, or of special concern by Colorado; or listed as a
Tier 1 species in Colorado’s State Wildlife Action Plan (CPW 2015), which are species of highest
conservation priority in the state. The DEIS focuses on those species that (1) have suitable habitat
present within the Project Area (that is, within construction or inundation footprints); and (2) have been
documented in the Project Area or their distributional range overlaps the Project Area according to
CPW, Colorado Heritage Program datasets, or site-specific surveys. Available information about current
conditions and potential impacts from the Halligan Project on special-status species is summarized in
the following sections. Table 3-3 lists federal or state species of concern and summarizes the potential
effects from the Halligan Project on each species based on the DEIS evaluation.
Table 3-3. Summary of DEIS Impact Evaluation of Halligan Project on Species of Concern
Species Concern Listing Impact of Halligan Project on Each Species, from
DEIS[a]
Preble’s Federal and State,
Threatened
Major impact; will be addressed through ESA
consultation process and not included in this
FWMEP
Ute ladies’-tresses orchid
(Spiranthes diluvialis)
Federal, Threatened No effect; will be addressed through ESA
consultation process and not included in this
FWMEP
American white pelican (Pelecanus
erythrorhynchos)
BLM sensitive
species
Minor benefit
Platte River Species (Five Species) Federally listed Unperceivable; will be addressed through ESA
consultation process and not included in this
FWMEP
Rocky Mountain bighorn sheep State Tier 2, BLM
sensitive species
Negligible direct effect, possibility of moderate to
major indirect effect; discussed in Section 3.7[b]
Page 490
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-24
June 2023
Species Concern Listing Impact of Halligan Project on Each Species, from
DEIS[a]
Northern pocket gopher
(Thomomys talpoides macrotis)
State, SOC Minor effect, discountable and insignificant
River otter (Lontra canadensis) State, Threatened Minor benefit
Townsend’s big -eared bat
(Corynorhinus townsendii
pallescens)
State SOC, BLM
sensitive species
Minor effect
Bald eagle (Haliaeetus
leucocephalus)
State SOC, BLM
sensitive species
No permanent direct effects; minor benefit from
increased foraging habitat
Golden eagle (Aquila chrysaetos) State Tier 1, BLM
sensitive species
Discountable and insignificant
Northern leopard frog (Lithobates
pipiens)
State Tier 1, State
SOC
Minor benefit
Common garter snake (Thamnophis
sirtalis)
State Tier 2, State
SOC
Minor benefit
[a] Impacts are summarized here as none, beneficial, low, or moderate, based on detailed descriptions provided in
the DEIS.
[b] CPW has stated their concern that potential impacts on bighorn sheep could range from moderate to severe
should a herd die-off occur.
SOC = species of concern
3.8.1 Current Conditions for Federally Listed Species
3.8.1.1 Preble’s Meadow Jumping Mouse and Habitat
Preble’s is a federal- and state-listed threatened species in Colorado. Pioneer Environmental Services
(Pioneer) conducted an extensive trapping survey at Halligan Reservoir for Preble’s meadow jumping
mice between June and August of 2003 (WEST 2017a), which documented the presence of Preble’s
around the reservoir. Critical habitat for Preble’s is designated along the lower portions of the North
Fork starting at Halligan Dam and includes its tributaries and portions of the Poudre River. The enlarged
Halligan Reservoir inundation area upstream of the existing dam is outside Preble’s critical habitat. The
replacement dam and portions of the construction areas would include small areas of critical habitat.
Preble’s impacts and mitigation measures will be addressed through the ESA consultation process, and
are not included in this FWMEP.
3.8.1.2 Ute Ladies’-Tresses Orchid and Colorado Butterfly Plant
Ute ladies’-tresses orchid is a federally listed threatened species. Potential habitat for Ute ladies’-tresses
orchid occurs along the North Fork and tributaries both upstream and downstream of the Halligan
Reservoir. As documented in the DEIS, no Ute ladies’-tresses orchids were detected in surveys
conducted at Halligan Reservoir from 2006 to 2008 (WEST 2017a). Additional evaluations conducted by
Jacobs in 2021 (Jacobs 2021) were concentrated within potential Ute ladies’-tresses orchid habitat
around the narrow riparian habitat below the existing dam. No Ute ladies’-tresses orchids were
observed during the 2021 survey, and habitat was determined to be marginally suitable for Ute ladies’-
Page 491
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-25
June 2023
tresses orchid because of the presence of dense riparian grasses and dense overstory of willow and
alder.
Colorado butterfly plant (Oenothera coloradensis) was previously federally listed as a threatened
species; however, on December 5, 2019, the USFWS removed this species from the Federal List of
Endangered and Threatened Plants because of recovery (USFWS 2019). No known populations of the
Colorado butterfly plant occur within the Halligan Project Area. Therefore, this species is not further
discussed in this FWMEP.
3.8.1.3 American White Pelican
The American white pelican is a BLM sensitive species and a Tier 2 species in the State Wildlife Action
Plan (SWAP) (CPW 2015). The DEIS indicates that American white pelicans were observed on Halligan
Reservoir; therefore, the reservoir is considered potential loafing or foraging habitat for this species.
Halligan Reservoir is not within mapped American white pelican nesting areas.
3.8.1.4 Platte River Species
Because the Main Stem and North Fork are hydraulically connected to the Platte River System, ESA
Section 7 consultation with the USFWS is required to determine any adverse effects that would occur on
the five federally listed downstream species: least tern (Sterna antillarum), piping plover (Charadrius
melodus), whooping crane (Grus americana), pallid sturgeon (Scaphirhynchus albus), and western prairie
fringed orchid (Platanthera praeclara). These species are not further discussed in this FWMEP.
3.8.2 Current Conditions for State-listed Species
The DEIS evaluated reviewed state-listed species and species of concern using CPW species profiles
(CPW n.d.) and the SWAP to identify information pertaining to habitat information and distribution.
State-listed species and species of concern that could be affected by the Project are discussed in the
following sections.
3.8.2.1 Rocky Mountain Bighorn Sheep
Rocky Mountain bighorn sheep is a BLM sensitive species and is listed as a Tier 2 species in the SWAP.
Tier 2 species are defined as “species [that] remain important in light of forestalling population trends or
habitat conditions that may lead to a threatened or endangered listing status, but the urgency of such
action has been judged to be less” (CPW 2015). This species is considered a big game species; current
conditions are discussed in Section 3.7.
3.8.2.2 Northern Pocket Gopher
The northern pocket gopher is a state species of concern. The Halligan Project Area includes suitable
foothill shrubland habitat and is within the distributional range of this species.
3.8.2.3 River Otter
River otters are listed by Colorado as a threatened species. As described in the DEIS, the open water of
the North Fork and Halligan Reservoir could provide habitat for the river otter, although the known
range of the river otter ends approximately 16 miles south of the reservoir. The range of the river otter
includes the Poudre River and a small section of the North Fork, from the confluence of these rivers to
approximately 1 mile upstream of the Seaman Reservoir.
3.8.2.4 Townsend’s Big-Eared Bat
Townsend's big-eared bat is a BLM sensitive species, a state species of special concern, and is listed as a
Tier 1 species in the SWAP. The DEIS indicates that rocky outcrops and canyons downstream of the
Page 492
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-26
June 2023
Halligan Dam along the North Fork may provide roosting habitat, and the open water of Halligan
Reservoir, scattering of sagebrush, and wetlands within the Halligan Project Area may provide
Townsend's big-eared bats with foraging habitat. This species usually forages over water, at the edge of
vegetation, and over sagebrush (Armstrong et al. 2011).
This bat species has been recorded downstream of the Halligan Dam in Phantom Canyon (Colorado
Natural Heritage Program 2015). Bat conservation has received increasing attention with the general
decline of bat populations caused by habitat loss, poisoning, and disease, including white-nose
syndrome.
Bat Survey
On July 16, 2021, Jacobs biologists conducted a bat presence/absence survey below Halligan Dam. An
auditory detection survey was completed, along with visual observation of bat feeding activity with the
riparian area from the dam to 0.5 mile downstream of the dam. The single survey was conducted over a
3-hour period beginning at dusk (7:30 p.m. to 10:30 p.m.).
Several lone bats were detected with an auditory detection device, but no large concentrations of bats
were observed. Table 3-4 summarizes the bat species detected based on audio signature, but variability
occurs within species; therefore, identification has not been confirmed.
Table 3-4. 2021 Bat Survey Results
Species Detected Number of Detections
Pallid bat (Antrozous pallidus) 1
Big brown bat (Eptesicus fuscus) 11
Red bat (Lasiurus borealis) 2
Hoary bat (Lasiurus cinereus) 1
Silver-haired bat (Lasionycteris noctivagans) 2
Western small-footed myotis (Myotis ciliolabrum) 1
Little brown bat (Myotis lucifugus) 6
Long-legged myotis (Myotis volans) 1
Unidentified detections 12
Total 37
The scattered occurrences of lone bat detections suggests that bats use the area below the existing
Halligan Dam for foraging, but the presence or absence of day or night bat roosts could not be
determined based on the limited survey.
3.8.2.5 Bald Eagles and Golden Eagles
The bald eagle is a state species of special concern and is a BLM sensitive species. The golden eagle is
listed as a Tier 1 species in the SWAP and is also a BLM sensitive species. Both bald eagles and golden
eagles are protected under the Migratory Bird Treaty Act of 1918 and the Bald and Golden Eagle
Protection Act of 1940. This prohibits the take; possession; sale; purchase; barter; offer to sell, purchase,
Page 493
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-27
June 2023
or barter; transport; export; or import of any part, nest, or eggs of alive or dead bald or golden eagles.
State and federal recommendations outline seasonal limitations on nest encroachment or disturbance.
Bald eagles rely mainly on fish as their principal source of food during the summer months, frequently
nesting and foraging along rivers and lakes. The DEIS notes that bald eagles are known to forage in areas
of open water and were observed during field surveys of the Halligan Reservoir and the North Fork
during the summer of 2020 and 2021. No bald eagle nests or winter roost sites occur within the Halligan
Project Area, and the area is outside winter concentration, winter foraging, and winter range areas for
bald eagles identified on CPW wildlife distribution maps (CPW 2020b).
Golden eagles primarily subsist on small mammals, such as rabbits, hares, ground squirrels, and prairie
dogs. The DEIS notes that suitable golden eagle foraging habitat occurs within the entire Halligan Project
Area except for the reservoir itself, which does not provide nesting or foraging habitat. The effects are
anticipated to be temporary and are discussed in Section 3.8.4.5. Golden eagles were observed during
field surveys of the North Fork downstream of the Halligan Dam. A nest was observed by Jacobs
biologists, in summer of 2021, on a rocky vertical cliff wall approximately 0.5 mile downstream of the
North Poudre Canal Diversion structure.
Raptor Nest Survey
On July 16, 2021, Jacobs biologists conducted a nest survey within and immediately adjacent to the
inundation footprint of the enlarged reservoir and impact area for the new dam. Trees and shrubs, as
well as grassland areas within or adjacent (within 50 feet) to the proposed access road connecting the
Halligan Dam to Highway 287 were also surveyed. Additionally, nesting raptor surveys were conducted
on June 23, July 16, and July 19, 2021. Biologists used binoculars to survey the visible 0.5-mile radius
from the dam for raptor nests. No nests were located within or adjacent to the footprint of the existing
dam. The following observations were made during the nest surveys:
• A lone bald eagle was observed perched frequently and for extended periods of time on power line
poles above Halligan Dam and on rock outcroppings on the north side of the dam, but nesting
activity was not observed, and a nest location was not apparent.
• A great horned owl (Bubo virginianus) was observed on several occasions below the dam, suggesting
that an owl nest may be in Phantom Canyon below the dam.
• A red-tailed hawk (Buteo jamaicensis) nest was present near the Calloway Diversion. The nest
appeared to be maintained and is presumed to be active, but no hawks were observed on the nest.
• Two magpie (Pica nuttalli) nests were located in trees adjacent to the access road, but the nests
were not occupied at the time of the survey.
• As discussed previously, an active golden eagle nest was observed in Phantom Canyon about
0.5 mile downstream of the North Poudre Canal Diversion structure.
3.8.2.6 Northern Leopard Frog
The northern leopard frog is a Colorado species of special concern and is listed as a Tier 1 species in the
SWAP. The DEIS notes that the Halligan Project Area supports aquatic environments, such as streams
and wetlands, that would be suitable habitat for the northern leopard frog.
3.8.2.7 Common Garter Snake
The common garter snake is a species of special concern in Colorado and is listed as a Tier 2 species in
the SWAP. Common garter snakes are typically found in aquatic and riparian habitats within or adjacent
Page 494
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-28
June 2023
to floodplains of streams and rivers. The DEIS notes that the Halligan Project Area supports aquatic
environments, such as streams and wetlands, that would be suitable habitat for the common garter
snake. Common garter snakes are typically found below 6,000 feet in elevation along the South Platte
River and its tributaries in northeastern Colorado.
3.8.3 Halligan Project Effects on Federally Listed Species
The DEIS identified 11 terrestrial species of concern that have either been documented or have suitable
habitat and ranges within the Halligan Project Area. No suitable habitat is present for black-tailed prairie
dog (Cynomys ludovicianus) or burrowing owl (Athene cunicularia); therefore, these species are not
evaluated further in this FWMEP.
Long-term direct effects on species of concern evaluated in the DEIS included habitat loss or disturbance
and effects on foraging, reproduction, and distribution from inundation and construction. Temporary
removal of vegetation associated with construction may have potential short-term effects on species of
concern until areas would be revegetated. Indirect effects on species of concern would be related to
effects on wetlands, riparian vegetation communities, and other vegetation resources along the
North Fork and Main Stem resulting from changes to water flows. Short-term indirect impacts from
construction may result from construction-related activity, noise, vibrations, lighting, and other
disturbances.
3.8.3.1 Preble’s Meadow Jumping Mouse and Habitat
Effects from the Halligan Project on Preble’s habitat are regulated through the ESA and will be
addressed through the development of a mitigation plan in coordination with the USFWS. Therefore,
Preble’s conditions, effects, and mitigation are not addressed in detail in this FWMEP. The DEIS
determined that the Halligan Project would have a major permanent adverse impact on Preble’s habitat
as a result of inundation of riparian woodlands and shrublands. Based on the Modified Proposed Action
the Project will permanently displace 5.26 acres of Preble’s habitat around the existing reservoir edge
and downstream of the existing dam within the footprint of the proposed dam. A Preble’s habitat
functional assessment, approved by the USFWS, found that the permanent effects equate to the loss of
4.04 functional units of habitat (much of the reservoir edge habitat has low habitat functional for
Preble’s). Temporary impacts on Preble’s habitat (related to construction access) are estimated to be
0.47 acres (0.36 functional unit). Fort Collins has worked proactively to preserve habitat on the Roberts
Ranch Conservation Area and has worked closely with the Preble’s Species Conservation Team in the
effort to establish a Preble’s recovery population in the North Fork watershed. Many of the Halligan
Project beneficial effects, mitigation, and enhancements described in this FWMEP would benefit
Preble’s habitat through increased stream flow and likely improved riparian conditions.
3.8.3.2 Ute Ladies’-tresses Orchid
The Halligan Project has the potential to impact wetland and riparian habitat that may be considered
suitable for the Ute ladies’-tresses orchid. In the DEIS, the Corps determined that the Halligan Project
would have no effect on the Ute ladies’-tresses orchid because no known occurrences of this plant were
identified within the study area. Ute ladies’-tresses orchid conditions, effects, and mitigation are not
addressed in detail in this FWMEP. However, many of the beneficial effects, mitigation, and
enhancements described in this FWMEP could benefit Ute ladies’-tresses orchid habitat through
increased stream flow and improved riparian conditions.
3.8.3.3 American White Pelican
American white pelicans were observed on Halligan Reservoir; therefore, the reservoir is considered
potential loafing or foraging habitat for the American white pelican. Because loafing or foraging habitat
Page 495
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-29
June 2023
would be expanded through reservoir enlargement, the Halligan Project would result in a minor benefit
for the American white pelican, as described in the DEIS.
3.8.3.4 Platte River Species
The CMP (City of Fort Collins 2019c), prepared as part of the DEIS, documented that effects on the five
federally listed downstream Platte River species are expected to be unperceivable, and that the Halligan
Project is not expected to result in any discernable changes to stream flow in the South Platte River.
Fort Collins participates in the SPWRAP, which outlines a programmatic approach to Section 7
consultation with the USFWS. Currently, mitigation is not expected to be needed for South Platte River
depletions. If mitigation measures are identified during this programmatic approach or from USFWS
consultation, they will be incorporated into the mitigation strategy for the Halligan Project.
3.8.4 Halligan Project Effects on State-listed Species
3.8.4.1 Rocky Mountain Bighorn Sheep
Halligan Project impacts on bighorn sheep are discussed in detail in Section 3.7.
3.8.4.2 Northern Pocket Gopher
Although northern pocket gophers have not been documented within the study area, the DEIS indicated
that the Halligan Project would result in a minor effect on the northern pocket gopher as a result of
inundation of foothill shrublands suitable habitat. These effects would be discountable and insignificant
because they would not have a noticeable effect on populations within the surrounding area because
other suitable habitat is available. Temporary impacts anticipated are limited to temporary construction
access and staging areas that will be reclaimed upon completion of the Project.
3.8.4.3 River Otter
Because the known range and sightings of the river otter do not overlap with the inundation areas of the
Halligan Project, the DEIS Section 4.13.2.6 states that expanding the reservoir would not adversely
impact this species. The DEIS Section 4.13.3.6 also states that a potential minor indirect benefit to river
otters could result from the Halligan Project. More specifically, increased stream flows to the North Fork
from the Winter Release Plan and the Summer Low-flow Plan could improve the fishery health and, in
turn, would provide a larger, more stable food source for river otters. Because there is no documented
occurrence of river otter in the section of the North Fork below Halligan Dam where construction would
occur, nor in or near the inundation upstream (0.75 mile section) above the enlarged reservoir, no
temporary impacts are anticipated.
3.8.4.4 Townsend’s Big-eared Bat
The DEIS determined that roost habitat would not be directly affected by the Halligan Project, but
construction noise and vibration associated with the Halligan Project may cause temporary disturbance
effects on Townsend’s big-eared bats using nearby roost habitat. Furthermore, overall effects to
foraging habitat would be discountable and insignificant, and the Halligan Project would have a minor
impact on Townsend’s big-eared bat. Year-round winter and summer minimum stream flows
(Section 3.3.2) provided by operations of the enlarged reservoir would enhance riparian foraging habitat
below Halligan Reservoir for Townsend’s big-eared bats.
3.8.4.5 Bald Eagles and Golden Eagles
The DEIS determined that the Halligan Project would not likely cause permanent direct effects on bald
eagles. Although some foraging sites around Halligan Reservoir may be altered as a result of inundation,
the expanded surface area of the enlarged reservoir would create new foraging areas, creating a minor
Page 496
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-30
June 2023
beneficial effect on bald eagles. Because there are no active nesting pairs, roost sites, or suitable winter
habitat temporary impacts associated with construction activities such as noise, nighttime lighting,
blasting, and potential batch plant operation impacts on foraging activities are anticipated to be minor
(temporary avoidance) and short term in duration. Bald eagle use of the area is expected to return to
preconstruction levels shortly after construction is completed. Increased reservoir surface area will
provide increased foraging opportunity for bald eagles in the long term.
For golden eagles, expansion of Halligan Reservoir would reduce habitat for their prey base in
inundation and construction areas. However, in the DEIS, impacts were considered discountable and
insignificant because golden eagles are wide-ranging, and vast areas of open foothills shrubland and
grassland for foraging would remain after reservoir expansion. Long-term direct effects on golden eagles
would be minor. Temporary impacts associated with construction activities such as noise, nighttime
lighting, blasting, and potential batch plant operation impacts on foraging activities are anticipated to be
minor (temporary avoidance) and short term in duration. Golden eagle use of the area is expected to
return to preconstruction levels following completion of replacement dam construction. Revegetation of
temporary construction disturbance areas, and regrowth of a reservoir edge riparian community is
anticipated to be completed within approximately 5 to 7 years.
3.8.4.6 Northern Leopard Frog
The Halligan Project supports aquatic environments, such as streams and wetlands, that could be
suitable habitat for the northern leopard frog. However, northern leopard frog has not been observed
around the reservoir and it is unlikely that leopard frog inhabits the reservoir edge wetlands given the
inconsistent and fluctuating water levels, lack of emergent wetland vegetation (narrow reservoir edge
wetlands are dominated by willow and cottonwood canopy), and general lack of suitable breeding
habitat; steep rocky reservoir banks offer very little refuge or dispersal area for the leopard frog as
water levels draw down in mid-summer and reservoir becomes disconnected from the minimal and
narrow bands of emergent wetland vegetation that does exist around the reservoir. The DEIS indicates
an overall minor beneficial effect from the Halligan Project on northern leopard frog habitat. The DEIS
Section 4.12.3.11 indicates that some suitable habitat would be adversely affected because
approximately 16.74 acres of wetlands would be inundated from the enlarged reservoir. New, similar
habitat could be created at the new enlarged reservoir edge after soils and vegetation acclimate to the
new hydrology. This process of reservoir edge riparian community re-establishment is anticipated to
occur over approximately 5 to 7 years but may take longer if drought conditions persist after Project
completion. Enlarging Halligan Reservoir would permanently displace riverine habitat on the
downstream side of the existing dam, but because of the high energy associated with the current dam
operations spillway and significant disturbance existing in this tight rocky canyon, the area immediately
below the existing dam is not considered suitable for northern leopard frog.
Year-round winter and summer stream flows (Section 3.3.2) provided by operation of the enlarged
reservoir would enhance habitat for the northern leopard frog in Phantom Canyon and the Livermore
Valley. Lastly, the Halligan Project would compensate for the loss of any wetland habitat (to be
determined through the Section 404 permitting process and not discussed in this FWMEP), which would
also benefit the northern leopard frog by replacing poor reservoir edge habitat with wetlands that
would provide equal or potentially greater northern leopard frog habitat function.
As noted in Section 4.12.2.1.5 of the DEIS, some mortality of reptiles and amphibian adults, juveniles,
eggs, tadpoles, and larvae might occur during construction, but this would not likely result in a long-term
decline of amphibians at Halligan Reservoir or along the North Fork. The removal of vegetation for
construction, both long- and short-term, would potentially remove cover and foraging resources for
Page 497
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-31
June 2023
some reptiles and amphibians. Still other reptiles and amphibians might be killed or displaced as a result
of construction activities. The Halligan Project might locally reduce species abundance during
construction; however, it would not likely lead to large-scale species loss or require species protection
due to habitat loss. Halligan Dam rehabilitation would have a negligible to minor effect on amphibians
and reptiles.
3.8.4.7 Common Garter Snake
Typically, common garter snakes are found in aquatic and riparian habitats within or adjacent to
floodplains or streams and rivers that occur below 6,000 feet in elevation (CPW n.d.). The DEIS indicates
that the Halligan Project would affect suitable habitat for the common garter snake, and downstream
segments of the North Fork are within the range of the common garter snake. However, because the
reservoir is located approximately 6,300 feet in elevation, above the known range limit, the Halligan
Project would not have negative effects on the common garter snake around the reservoir
(Pioneer 2017a).
As described for other species, year-round winter and summer minimum stream flows (Section 3.3.2)
provided by operation of the enlarged reservoir would enhance habitat for garter snakes on the
North Fork. Therefore, the Halligan Project is expected to result in an overall benefit to the species, and
species-specific mitigation measures are not proposed in this FWMEP.
3.9 Recreation
3.9.1 Current Conditions
Recreational use on Halligan Reservoir has historically been, and currently is, restricted to owners and
guests of the Landowners Association for Phantom Canyon Ranches (LAPCR). Some public use may have
occurred on portions of Halligan Reservoir that were thought to be in the Middle Unit of the Cherokee
SWA. Since 1988, the LAPCR has had recreational and agricultural use rights to the surface of Halligan
Reservoir and what is currently City-owned land in and around Halligan Reservoir, through lease
agreements with NPIC and later Fort Collins. The current lease provides LAPCR with recreational use of
the surface of Halligan Reservoir and recreational and agricultural use of City-owned land in and around
Halligan Reservoir until construction of the Halligan Project concludes.
Other areas around Halligan Reservoir that provide recreational activity include the Cherokee SWA
located west of the reservoir, which is used primarily for hunting and fishing, and the North Fork
downstream of the reservoir, which is used for fishing by private property owners and guests of The
Nature Conservancy’s Phantom Canyon Ranch. Although a parking area near the inlet of Halligan
Reservoir is accessible through the SWA, the surface of the Halligan Reservoir and Fort Collins-owned
land in and around the reservoir is not open to public access.
3.9.1.1 Land Ownership
Land ownership and access around Halligan Reservoir and at potential mitigation sites is a key factor in
Halligan Project activities, including ecological monitoring and mitigation. As part of Fort Collins’ due
diligence related to planned acquisition of property rights to build and operate the enlarged Halligan
Reservoir, Fort Collins conducted detailed research on land ownership in and around Halligan Reservoir.
This research identified isolated parcels in Section 29 and northeast ¼ of Section 32 that were thought
to be held in fee title by CPW but were determined to be held in fee by a private entity or Fort Collins
(Figure 3-4). The parcels total approximately 39 acres. Upper portions of the enlarged Halligan Reservoir
would be located on portions of these lands, which are, for the most part, surrounded by the Cherokee
SWA–Middle Unit. It was also determined that the parking area near the west side of Halligan Reservoir
Page 498
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-32
June 2023
in the northeast ¼ of Section 32 is located on property held in fee by Fort Collins. To Fort Collins’
knowledge, there is no agreement or easement in place that provides public access to the private
entity’s or this portion of Fort Collins’ land.
Figure 3-4. Sections 29 and 32 on the Western Edge of Halligan Reservoir
Page 499
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-33
June 2023
3.9.2 Halligan Project Effects on Recreation and Public Access
The DEIS Section 4.16.4.2 indicates that, overall, the Halligan Project would result in a mostly negligible
effect on long-term land- and water-based recreational activity and related economic activity, although
site-specific beneficial and adverse effects would occur.
The enlarged Halligan Reservoir would inundate an approximately 0.75-mile reach of the North Fork
upstream of the existing Halligan Reservoir, resulting in the loss of approximately 20 acres of potential
hunting lands and river fishing along a 0.4-mile stretch of this reach.
Most of the primary inundation area along the North Fork in Sections 29 and 32, T11N, R70W, was
historically believed by CPW to be in the Cherokee SWA since the acquisition of the land in the
late 1960s/early 1970s. According to CPW the public has accessed this part of the inundation area for
over 50 years10. Fort Collins staff was performing its due diligence in researching land ownership all
around Halligan Reservoir and identified discrepancies in various deeds, including those in Sections 29
and 32. Following thorough title research of the inundation area, recorded title to the inundation area in
these sections is privately owned or owned by Fort Collins. Additionally, the parking area near the west
side of Halligan Reservoir in the northeast ¼ of Section 32 located on Fort Collins’ property is within this
primary area to be inundated by the enlarged Halligan Reservoir. None of the lands privately owned or
owned by Fort Collins are authorized for public hunting or fishing. No publicly owned lands for
authorized public hunting or fishing recreation will thus be technically impacted by the Project.
However, public access could be affected until the access issues are resolved, as described in
Section 4.3.7.1.
In addition to the primary inundation created by the ordinary high water mark of the enlarged Halligan
Reservoir, Fort Collins is required by DWR (refer to Rule 7.9.3.3 in 2 CCR 402-1, Division of Water
Resources Rules and Regulations for Dam Safety and Construction) to acquire fee ownership or an
easement for lands that would be inundated by the modeled inflow design flood surcharge, which will
include lands in Sections 29 and 32 that are part of the Cherokee SWA owned by CPW. Since the private
entity or Fort Collins owns the land about 14 feet above the ordinary high water mark of the enlarged
Halligan Reservoir, the only floods that will be above the private entity or Fort Collins’ lands would have
a recurrence interval of 1 in 100,000 (0.001%) and the maximum probable flood has a recurrence
interval of 1 in 10,000,000 (0.00001%). Although this highly infrequent inundation will not be
permanent, public use of these lands would be impacted while these lands are inundated, and until they
are reclaimed following any flooding event, if necessary. It is estimated that approximately 21 acres of
land owned by CPW would be inundated during the probable maximum flood for which Fort Collins
would need a flood easement from CPW.
Because the surface of Halligan Reservoir is not open to the public for recreational use, construction of
the Halligan Project would not impact public recreation on the reservoir. The LAPCR’s private access to
Halligan Reservoir (refer to Section 3.9.1) would be minimally impacted during construction and would
be limited to specific times when the reservoir level would be drawn down near the end of construction
for partial or total demolition of the existing dam. LAPCR currently would have no rights to access the
surface of the enlarged reservoir following completion of construction. Fort Collins has no current plans
to allow recreation on the surface of Halligan Reservoir following construction. If, in the future, surface
water recreation is considered at the enlarged Halligan Reservoir, Fort Collins agrees to consult with
10 Fort Collins is evaluating if and the extent to which the public has accessed this part of the inundation area and makes no representations on this issue.
Page 500
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 3-34
June 2023
CPW. A safety buffer on the water out to approximately 300 feet upstream of the existing dam would
likely be implemented during the construction period.
Wildlife watching, hiking, horseback riding, and other land-based activities occur on properties
surrounding Halligan Reservoir. Construction activity, including noise and dust generation and increased
traffic volumes (construction workers and trucks), may temporarily affect the quality of these
experiences. However, construction activities would predominantly be confined to the area near the
existing dam site, which is not within residential view.
3.9.3 Evaluation of Future Public Use of the Enlarged Halligan Reservoir
Fort Collins and CPW held multiple meetings to discuss the possibility of allowing public recreation on
the enlarged Halligan Reservoir and some of the surrounding City owned land. From approximately 2016
through 2019, CPW and Fort Collins discussed various recreation concepts that included opening all or
portions of Halligan Reservoir to public recreation after enlargement. The recreation concept included in
the DEIS included reservoir access through the Cherokee SWA, whereby shoreline and surface water
fishing opportunities with human-propelled watercraft would be available at the enlarged Halligan
Reservoir to those with a valid hunting or fishing license, or SWA pass. The only public recreation access
would be through the Cherokee SWA so this recreation concept anticipated the reservoir operating as a
part of the administrative boundaries of the Cherokee SWA and would be consistent with the existing
regulations of the SWA.
To further evaluate the costs, benefits, and impacts of opening the enlarged Halligan Reservoir to public
recreation, Fort Collins staff members, in conjunction with CPW staff input, used a framework adopted
by Fort Collins’ Natural Areas Department (Interagency Visitor Use Management Council 2016) to
evaluate the impacts and benefits of recreation at and around the enlarged Halligan Reservoir. The
study focused on the following topics:
• Ecological impacts
• Cultural resource impacts
• Social considerations
• Administrative considerations
At the conclusion of the analysis, Fort Collins staff members recommended that public recreation at the
enlarged Halligan Reservoir not be pursued, even in a limited nature, predominantly because of
ecological impacts that Fort Collins staff members anticipated based on DEIS analyses and their own
professional experiences. Other elements that factored into the decision included the cost of providing
safe recreational opportunities to this area, and the relatively narrow range of recreationalists who
would benefit from the opportunity.11
Fort Collins understands CPW’s desire to see public angling access at the enlarged Halligan Reservoir.
Since the Halligan Project is not impacting surface water recreation at Halligan Reservoir, Fort Collins
and CPW have agreed to continue discussions related to recreational opportunities at the enlarged
Halligan Reservoir in a process separate from the current processes to enlarge Halligan Reservoir and
the FWMEP. To formalize this commitment, Fort Collins will include language in an intergovernmental
agreement with CPW to continue discussions related to recreation at the enlarged Halligan Reservoir.
Those discussions may include the reservoir being managed for recreation by CPW as a part of the
Cherokee SWA.
11 Access for public recreation at an enlarged Halligan Reservoir would be provided through Cherokee SWA, which requires a valid hunting,
fishing, or recreational day use license to enter, as well as a high-clearance four-wheel drive vehicle. These access limitations do not fully align
with Fort Collins’ focus on equity and affordability to provide equal opportunities for its citizens.
Page 501
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-1
June 2023
4 Proposed Fish and Wildlife Mitigation Plan
This chapter constitutes the proposed mitigation plan for anticipated Halligan Project impacts on fish
and wildlife resources. The impacts are summarized in Section 3 and described in greater detail in the
DEIS and associated technical reports.12 Avoidance, minimization, and compensatory mitigation
measures have been developed to address fish and wildlife impacts identified in the DEIS, as well as
other concerns identified by CPW staff specific to impacts on fish and wildlife resources.
The DEIS (Corps 2019) presented a draft CMP prepared by Fort Collins (City of Fort Collins 2019c) that
includes both mitigation and enhancement measures. Based upon public comments received on the
DEIS, comments from Project stakeholders, and discussions with CPW staff, this FWMEP builds upon
and/or replaces many of the aquatic life and terrestrial wildlife components of the draft CMP. All
measures included in this FWMEP are also summarized in the table contained in Appendix B. Mitigation
areas are mapped in Appendix A. An updated final CMP will be prepared by Fort Collins for the Final EIS.
4.1 Mitigation Approach
Fort Collins has developed an approach to mitigation that will not only serve to satisfy regulatory
requirements for protection of fish and wildlife, but also seeks to improve existing social13 and ecological
conditions for the people and natural systems of the Poudre River watershed. This approach also applies
to enhancement measures described in Section 5.
Fort Collins’ mitigation objectives for the Halligan Project have been developed to comply with
applicable regulatory requirements while acknowledging the importance of the Poudre River watershed
to the Fort Collins community, as detailed in the 2020 Strategic Plan (City of Fort Collins 2020a) and as
follows:
• Avoid and minimize Halligan Project impacts on natural systems, to preserve ecological integrity
• Compensate for unavoidable Halligan Project impacts through mitigation measures that restore or
replace locally important resources and function
• Improve ecological function of the North Fork system as a whole
Considering these mitigation objectives, and recognizing the important and localized ecological
functions of the impacted resources, Fort Collins developed the following guidelines to identify and
prioritize potential mitigation opportunities incorporated into this FWMEP:
• Account for the inherent benefits from the Halligan Project, including those anticipated to result
from flow-related operational measures and the natural re-establishment of wetland and riparian
communities at the enlarged reservoir shoreline and on the North Fork.
• Prioritize mitigation opportunities located near Halligan Reservoir and the North Fork to enhance or
replace the natural functions in the same watershed and stream system, maintaining locally
significant resources and ecological functions.
• Prioritize mitigation concepts that involve working with local partners.
12 This FWMEP does not alter in any way the DEIS and associated technical reports and their descriptions of the Halligan Project’s effects. To the
extent that there are inconsistencies between the Halligan Project’s effects as described in this FWMEP and the DEIS, any suc h inconsistencies
will not be interpreted to reduce the mitigation Fort Collins intends to complete for the Halligan Project.
13 Refer to the Shared Vision Planning process in Section 2.4.1 regarding social conditions.
Page 502
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-2
June 2023
• Prioritize mitigation concepts that benefit whole systems or multiple resources.
• Identify and target local resources known to be in a degraded condition that can be improved to
increase function and ecological benefit.
Fort Collins developed the mitigation measures presented in this FWMEP based on the mitigation
objectives and guidelines to benefit numerous environmental components. Based on all of Fort Collins’
work on the Halligan Project over the years, it is Fort Collins’ position that this overall mitigation
approach considers the entire ecological system, where the functional benefits of the mitigation actions
taken together are greater than the sum of the Halligan Project’s impacts on those individual parts. As
an example, the Winter Release Plan and Summer Low-flow Plan will work together to essentially
eliminate dry-up points along the North Fork and improve existing stream hydrology. These
improvements would benefit not only the aquatic ecosystem, including fish and macroinvertebrates, but
also the hyporheic zone hydrology of the stream. The resulting greater hydrologic connectivity would
likely support the function of surrounding wetlands and riparian vegetation, which, in turn, would
benefit wildlife that depend on healthy riparian environments.
This section provides a mitigation strategy for each affected fish and wildlife resource. In many
instances, several mitigation strategies address one resource but likely have a ripple effect benefiting
other resources. The mitigation and enhancement approach summarized in Sections 4 and 5,
respectively, has been developed over decades, based on regulatory requirements, input from Project
stakeholders, regional partners, environmental groups, and in coordination with CPW staff members.
4.1.1 Regulatory Mitigation Categories
Mitigation described in this FWMEP falls into one of the following three regulatory mitigation categories
(defined in the Key Terminology section): avoidance, minimization, and compensatory mitigation.
Additionally, Fort Collins has developed enhancement measures that go above and beyond mitigation
requirements and demonstrate Fort Collins’ commitment to improving existing environmental
conditions. Enhancement measures are described in Section 5.
Avoidance and minimization measures have been, and will continue to be, implemented during all
Halligan Project stages, including planning and design, construction, and operations. Avoidance and
minimization measures are described in Section 4.2. Compensatory mitigation measures will generally
begin before or concurrently with the correlating impacts. Compensatory mitigation measures are
described in Section 4.3. Early compensatory mitigation was completed through preservation of habitat
at Roberts Ranch, as described in Section 4.3.1.
4.1.2 Changes from DEIS Conceptual Mitigation Plan
This FWMEP builds upon, updates, and/or replaces many of the aquatic life, terrestrial wildlife, and
recreational components of the draft CMP presented in the DEIS (City of Fort Collins 2019c).
In response to comments on the CMP, Fort Collins has provided the following additional information in
this FWMEP, or has finalized decisions about items that were not final when the CMP was issued:
• Specific details about how the flow-related operational measures will be implemented, including
when they could be curtailed (refer to Section 4.2.1)
• Fort Collins’ commitment to attempt to protect their releases from the enlarged portion of Halligan
Reservoir to prevent that water from being diverted by exchange or otherwise (refer to
Section 4.2.1)
Page 503
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-3
June 2023
• Recreation will not be pursued at the enlarged Halligan Reservoir as part of the Halligan Project at
this time because of the reasons described in Sections 3.9.2 and 3.9.3
• Baseline monitoring of environmental conditions (water quality, temperature, riparian habitat,
raptors and bats) was augmented in 2020 and 2021
• Conceptual sediment management measures have been developed to manage sediment both
during construction and long-term operations
• A summary of preliminary best management practices (BMPs; that is, control measures) has been
developed to manage and control stormwater and pollutants (refer to Section 4.2.3.7)
• Stream restoration on the North Fork as an enhancement for aquatic resources (refer to
Section 5.1.1)
• Updated measures to mitigate anticipated water quality or temperature effects, or to enhance
existing conditions
• Removal of alphanumeric codes: the CMP used a unique system of abbreviations to reference
specific mitigation measures (for example, “SF1” for stream flow measure 1, the Winter Release
Plan); this FWMEP uses descriptive names for each measure rather than abbreviations
The following mitigation measures, originally detailed in the draft CMP, are no longer viable based on
new information obtained during Project development and design, and are no longer proposed as
mitigation or enhancement measures:
Greenback Cutthroat Trout Reclamation and Diversion Structures Modification for Reintroduction—In
the draft CMP, Fort Collins proposed the option of stocking an experimental population of native pure-
strain greenback cutthroat trout to the 6-mile segment of the North Fork between Halligan Dam and the
North Poudre Canal Diversion. Along with the proposed restocking effort, Fort Collins proposed creation
of fish barriers at the North Poudre Canal and Calloway Diversions to maintain a genetically pure and
isolated greenback cutthroat trout population. However, further analysis of temperature data, and a
feasibility assessment by Fort Collins, in consultation with CPW staff, related to costs and sustainability
associated with screening the outlet works and spillway, have determined the proposed Greenback
reintroduction concept to be cost prohibitive and ultimately unsustainable in the long term. Fort Collins
is, therefore, proposing to proceed with Option A described in the draft CMP: reconnecting larger
habitat segments of the North Fork by providing fish passage around the North Poudre Canal Diversion
and removing or modifying the Calloway Diversion to improve fish passage. This improved river
connectivity will benefit a wide range of riverine aquatic species, with a primary focus on small-bodied
native species.
Revegetation of Existing Tailings and Spoil Piles and Previously Disturbed Areas—In the draft CMP,
Fort Collins proposed revegetating spoil piles left in place near the existing Halligan Dam as a result of
construction of the dam in 1909. However, the Halligan Project now includes constructing a replacement
dam downstream of the existing dam, which would result in inundation of the spoil piles and would
eliminate the benefits of this previously proposed measure.
Fish population and aquatic habitat surveys—In the draft CMP, Fort Collins proposed working with CPW
to conduct additional population surveys and field surveys of the amount and quality of available
physical habitat for fish species in representative reaches of the North Fork between Halligan Dam and
Seaman Reservoir. Following the draft CMP, Fort Collins evaluated existing aquatic habitat conditions in
the North Fork (GEI 2019a, 2019b), and CPW has historic and recent fish population data as described in
Section 3.5.1 of this FWMEP.
Page 504
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-4
June 2023
4.2 Avoidance and Minimization
Fort Collins has incorporated many elements into the Halligan Project to avoid and minimize
environmental impacts. The Halligan Project is the culmination of decades of planning and balances Fort
Collins’ water supply needs with opportunities to minimize environmental impacts and improve existing
conditions on the North Fork below Halligan Reservoir.
Appendix B provides a summary of each mitigation or enhancement measure and each measure’s
primary focus and secondary benefits.
4.2.1 Flow-related Operational Measures
Several flow-related operational measures will be included with the Halligan Project to collectively avoid
and minimize impacts on stream functions while also improving certain stream functions that are
currently degraded. These flow-related operational measures will re-establish perennial flow of 3 cfs to
5 cfs or more to the North Fork below the enlarged Halligan Reservoir, minimize abrupt changes to flows
from the enlarged reservoir operations, and allow for peak flows to bypass the enlarged reservoir when
Fort Collins could otherwise be diverting water to storage. The proposed flow-related operational
measures include the following:
• Winter Release Plan
• Summer Low-flow Plan
• Ramping Rate Limitations
• Peak Flow Bypass Program
• End of Summer Flushing Event
The combined environmental benefits provided by these flow-related operational measures to the
North Fork below the enlarged Halligan Reservoir are described in more detail in Section 4.2.1. These
flow-related operational measures would have varying beneficial effects on the approximately 22 miles
of the North Fork from the replacement Halligan Dam to Seaman Reservoir. They would result in
moderate seasonal beneficial effects on aquatic resources from Halligan Reservoir downstream to the
North Poudre Canal return structure (approximately 8 miles) on the North Fork (DEIS Section 4.8.3.4.1.2)
with major beneficial effects from the North Poudre Canal return flow down to Rabbit Creek
(approximately 2 miles; DEIS Section 4.8.3.4.1.3), and minor benefits extending from Rabbit Creek down
to Seaman Reservoir (approximately 12 miles; DEIS Section 4.8.3.4.1.2). The Halligan Project would
increase stream flows in winter and other traditionally low-flow periods, improve river connectivity
during low-flow periods, and increase downstream areas of riffle and pool complexes (DEIS
Section 4.8.3.4.1.3). The enlarged reservoir operations would eliminate almost all14 zero-flow days at
frequent dry-up points and minimize extreme flow fluctuations from Fort Collins’ use of the
enlargement. Therefore, compensatory mitigation is not proposed for offsetting impacts on stream
functions or stream flow because the Halligan Project’s predicted impacts on stream functions and
stream flow are sufficiently avoided and minimized through the operational measures. Nevertheless, in
addition to the flow-related operational measures described in Section 4.2.1, Fort Collins has also
committed to additional enhancement measures to improve current stream function and stream flow,
which are described in Section 5.1.
To further benefit aquatic and other wildlife, circumstances may exist when, in consultation with CPW,
Fort Collins will deviate slightly from the planned flow-related operational measures. Such modifications
14 See potential exceptions at end of this Section 4.2.1.1 Winter Release Plan “Curtailment of the Winter Release Plan” and Section 4.2.1.2 Summer Low-
flow Plan “Curtailment of the Summer Low-flow Plan.”
Page 505
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-5
June 2023
of timing, duration, and quantity of flow could occur, provided that any such modifications do not affect
Fort Collins’ storage and yield from the enlarged Halligan Reservoir and are consistent with all applicable
permits and approvals, agreements, and decrees. This flexibility is needed to periodically modify flows, if
necessary and when conditions are favorable, for the potential benefit of aquatic wildlife, as suggested
by CPW. For example, per CPW’s request, in certain years Fort Collins may change the period of the
Summer Release Plan such that flows are decreased in October to help manage brown trout.
In addition to the operational flow measures mentioned in this section, Fort Collins will consider ways to
make releases that complement a natural hydrograph to reduce potential effects to the river system for
other releases it makes from its portion of the enlarged Halligan Reservoir. For example, during a severe
drought, Fort Collins will try to avoid short duration, large releases in the fall, in favor of longer, lower-
duration releases, to avoid or reduce impacts to fish below Halligan Reservoir. Large fall releases are
unlikely to occur since Fort Collins’ water demands are lower in the fall and there will likely be other
water rights that can be taken that reduce the need for Halligan releases. Also, Fort Collins does not
have other significant storage capacity below Halligan Reservoir to which its releases could be moved. If,
in the future, Fort Collins needs to make a large release, Fort Collins may notify CPW in advance to
consider ways to make releases that avoid or minimize impacts to aquatic life.
4.2.1.1 Winter Release Plan
As part of Halligan Project operations, Fort Collins will provide continuous releases of 3 cfs from its
water stored in the enlarged Halligan Reservoir to the North Fork from October 1 through April 30 each
year. Fort Collins will implement the Winter Release Plan the first winter after the new Halligan Dam has
been approved to store water by the DWR and Fort Collins’ portion of the enlarged reservoir has at least
3,000 acre-feet of water. This Winter Release Plan will be a means for Fort Collins to meet wintertime
return flow obligations while providing a concurrent benefit to the aquatic environment. Based on
analyses during the permitting process (GEI, 2016, 2018; Miller, 2017; WEST, 2017a, 2017b; City of Fort
Collins, 2017; Pioneer, 2016a, 2016b, 2017b), it is projected that the Winter Release Plan will provide
the following benefits:
• Eliminate almost all15 zero-flow days on the North Fork (in combination with the Summer Low-flow
Plan [Section 4.2.1.2]).
• Result in beneficial effects on the North Fork for small-bodied native fish, in the form of a
continuous, more longitudinally connected aquatic corridor compared to the existing zero-flow
conditions.
15 See potential exceptions at end of this section “Curtailment of the Winter Release Plan.”
Page 506
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-6
June 2023
• Create additional wetted channel area that will benefit small-bodied native fish, trout, and
macroinvertebrates (these benefits vary along the North Fork, with benefits expected to be greatest
in the Phantom Canyon below the North Poudre Canal
Diversion structure).
• Re-establish basic habitat requirements for aquatic
species through the reintroduction of perennial flow.
The Winter Release Plan includes reconstructing the North
Poudre Canal Diversion similar to its current configuration,
but to allow the bypass of Fort Collins’ releases from the
enlarged Halligan Reservoir so that the water remains in the
North Fork. Currently, the North Poudre Canal Diversion
does not allow for such flow bypasses.
The Winter Release Plan will also result in benefits that will
offset the impact resulting from the inundation of
approximately 0.75 mile of the CWCB’s instream flow water
right (Water Court Case 1985CW430) on the North Fork
above Halligan Reservoir (as discussed further in this
section).
Figure 4-1 shows a zero-flow condition that is common in
Phantom Canyon below the North Poudre Canal Diversion
under current operations of the existing reservoir. This flow
condition will be significantly improved by implementing the Winter Release Plan.
Operation of the Winter Release Plan
Fort Collins will release a minimum of 3 cfs from its share of water stored in the enlarged Halligan
Reservoir from October 1 through April 30 every year (winter releases). Instrumentation will be installed
at the dam and at or near the reconstructed North Poudre Canal Diversion to monitor the winter
releases bypass of the North Poudre Canal Diversion. The Winter Release Plan will not prevent Fort
Collins from releasing more than 3 cfs during this time period as may be needed to meet demands or for
other operational, mitigation, or enhancement needs. However, such additional releases are not
planned. Additional releases will be subject to ramping rates as discussed in Section 4.2.1.2.
The winter releases will be delivered down the North Fork to its confluence with the Main Stem and
either “exchanged up” to the Fort Collins Intake(s) on the Main Stem or delivered downstream for other
purposes. If the winter releases are exchanged, Fort Collins will divert a like amount of water at one of
the Fort Collins’ Intakes. The amount of water diverted at Fort Collins’ Intake(s) will be the amount
released from the enlarged Halligan Reservoir reduced by the administrative transit loss assessed by
DWR. In certain rare conditions when inadequate flows exist in the Main Stem for Fort Collins to
perform an exchange to its intake(s), Fort Collins may find an entity willing to accept the winter releases
in exchange for transferring other water to Fort Collins. These trades will require an agreement between
Fort Collins and the other entity, and such an agreement will be reached in the future.
Greeley may potentially divert and store the winter releases in Seaman Reservoir using its own exchange
water rights. In these situations, Greeley would divert and store the winter releases and deliver a like
amount of water to the Main Stem at some point above the downstream calling water right.
Figure 4-1. North Fork, Zero-Flow in
Phantom Canyon, May 2002
Source: Miller 2017
Page 507
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-7
June 2023
CPW has expressed concerns about anchor ice forming in the Exchange Reach between Fort Collins’
intakes and the confluence of the North Fork and Main Stem. Fort Collins operational staff has not
experienced or heard of past instances of anchor ice forming in the lower part of the Poudre River
canyon, because most icing issues occur in the upper reaches of the river. If the formation of anchor ice
occurs in the Exchange Reach in the future during times when Halligan exchanges are made, Fort Collins
agrees to consult with CPW to consider ways to avoid the issue such as, but not limited to, temporary
curtailment of making those exchanges.
Protection of the Winter Releases
NPIC cannot divert the winter releases into the North Poudre Canal pursuant to an existing agreement
with Fort Collins. Additionally, Fort Collins will attempt to protect the winter releases from Halligan Dam
to Seaman Reservoir using the “Protected Mitigation Release” statute (CRS Section 37-92-102[8]). To
acquire protection for these releases under this protection mechanism, Fort Collins will need to both
reach an agreement with the CWCB and acquire a decree from the Water Court. Fort Collins will
undertake a good faith effort to protect the winter releases under the Protected Mitigation Release
statute; however, success is not guaranteed because it will depend on factors outside of Fort Collins’
control.
Per the statute, the protected mitigation releases will need “to reasonably avoid, minimize, or mitigate
the impacts of the new reservoir capacity on fish and wildlife resources within the qualifying stream
reach in accordance with a fish and wildlife mitigation plan.” Fort Collins will need to redivert and use
the protected mitigation releases after they flow through the protected “qualifying stream reach.”
Because the protection of the winter releases (and release from the Summer Low-flow Plan as discussed
below in Section 4.2.1.2) under the Protected Mitigation Release statute relies on other entities’ and the
Water Court’s discretion beyond Fort Collins’ control, Fort Collins cannot guarantee a particular result. If
Fort Collins does not successfully acquire a Water Court decree to protect the winter and summer
releases, the releases will not be protected from diversion under approved augmentation plans,
substitutions, and exchanges, similar to Greeley’s potential diversion of the winter releases into the
Seaman Reservoir as previously discussed. However, such diversions of the winter and summer releases
will be unlikely for several reasons, including (1) they cannot be diverted into the North Poudre Canal
pursuant to Fort Collins’ agreement with NPIC, (2) there are no other substantial diversion locations on
the North Fork above Seaman Reservoir, (3) the entire area is very remote and difficult to access to
divert water and to convey water that has been diverted, (4) there are numerous conservation
easements in the area that make development difficult, and (5) there are few sources of augmentation
and replacement water on the Main Stem and North Fork above the Phantom Canyon mouth. If
Fort Collins fails to acquire a Water Court decree to protect Halligan Releases under the Protected
Mitigation Release statute, or its agreement with NPIC changes such that Halligan Releases can be
diverted into the North Poudre Canal, Fort Collins will consult with CPW in good faith to evaluate how
Halligan Releases can be protected.
Curtailment of the Winter Release Plan
The Winter Release Plan will occur from October 1 through April 30 every year except during emergency
situations, maintenance occurrences, or when severe water restrictions that prohibit all lawn watering
are in place for Fort Collins’ water customers, as described further in Section 4.2.1.7.
Page 508
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-8
June 2023
4.2.1.2 Summer Low-flow Plan
As part of Halligan Project operations and to minimize impacts, Fort Collins will implement the Summer
Low-flow Plan, which adjusts reservoir operations by forgoing diversions and/or releasing its water
stored in the enlarged Halligan Reservoir to maintain a minimum continuous 5 cfs flow in the
approximately 22 miles of the North Fork between the replacement Halligan Dam and Seaman Reservoir
(as measured at three gaging stations along the North Fork, as described below) from May 1 to
September 30 each year (summer releases). The minimum target of 5 cfs for the Summer Low-flow Plan
was identified by Fort Collins as the amount of flow that could be maintained in the North Fork below
the enlarged Halligan Reservoir without increasing the size of the reservoir. Fort Collins will implement
the Summer Low-flow Plan the first summer after the new Halligan Dam has been approved to store
water by the DWR and Fort Collins’ portion of the enlarged reservoir has at least 3,000 acre-feet of
water. Based on analyses during the permitting process (GEI, 2016, 2018; Miller, 2017; WEST, 2017a,
2017b; City of Fort Collins, 2017; Pioneer, 2016a, 2016b, 2017b), it is projected that the Summer Low-
flow Plan will produce the following results:
• Eliminate almost all16 zero-flow days on the North Fork (in combination with the Winter Release
Plan, Section 4.2.1.1) which avoids and minimizes potential impacts on the aquatic ecosystem
including stream temperature from the Halligan Project.
• Anticipation of stream temperature benefits for the North Fork, at times, are based on recognition
that the Summer Low-flow Plan would increase flow rates on the North Fork in summer months at
the times of the lowest current flow rates. A more thorough understanding of anticipated
temperature effects of the Halligan Project on the North Fork will be developed through
temperature modeling planned for the CWA Section 401 water quality certification application.
• Result in beneficial effects to the North Fork for small-bodied native fish in the form of a more
longitudinally connected aquatic corridor compared to existing zero-flow conditions.
• Create additional wetted channel area that will benefit small-bodied fish, trout, and
macroinvertebrates (these benefits vary along the North Fork per Table 3-3).
• Re-establish basic habitat requirements for aquatic species through the reintroduction of perennial
flow.
16 See potential exceptions at end of this section 4.2.1.1 Winter Release Plan “Curtailment of the Winter Release Plan” and section 4.2.1.2 Summer Low-
flow Plan “Curtailment of the Summer Low-flow Plan”.
Page 509
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-9
June 2023
The Summer Low-flow Plan involves bypassing the North Poudre Canal Diversion through a
reconstructed North Poudre Canal Diversion so that the water remains in the North Fork. Currently, the
North Poudre Canal Diversion does not allow for such flow bypasses.
The Summer Low-flow Plan will
also result in benefits that will
offset the impact resulting from
the inundation of approximately
0.75 mile of the CWCB’s instream
flow water right (Water Court
Case 1985CW430) on the North
Fork above Halligan Reservoir (as
discussed further in
Section 3.3.2.3).
Figure 4-2 shows a zero-flow
condition that is common near
the mouth of Phantom Canyon
during certain times of the year,
which will be improved through
the Winter Release Plan and
Summer Low-flow Plan.
Operation of the Summer Low-
flow Plan
Fort Collins will forgo diversions into and/or release water from its share of storage in the enlarged
Halligan Reservoir to maintain a minimum continuous flow of 5 cfs in the North Fork between the
replacement Halligan Dam and Seaman Reservoir from May 1 through September 30 every year.
Fort Collins will install new instrumentation and continue to monitor flows at specific locations on the
North Fork between the replacement Halligan Dam and Seaman Reservoir. Flow will be measured at the
following three specific locations:
• The existing gage or new instrumentation at or below the replacement Halligan Dam
• A new gage in and/or slightly downstream of the bypass structure for the reconstructed North
Poudre Canal Diversion
• The existing gage where West County Road 74E crosses the North Fork near Livermore
If the flows at any of the three gages drop below 5 cfs from May 1 through September 30, Fort Collins
will modify flow operations to forgo diversions into and/or make releases from its portion of the
enlarged Halligan Reservoir to increase the flow to at least 5 cfs at each of the three gages. The amount
of time required for these minor adjustments will depend on the system installed. The intention during
design will be to react within at least an hour or so, but if possible, sooner. Fort Collins understands that
maintaining 5 cfs at the gages may require releases greater than 5 cfs to compensate for potential losses
in the North Fork.
Based on Commission and public feedback, Fort Collins will also perform preconstruction surveys of the
pre-Halligan Reservoir enlargement flows on the reach of the North Fork between the existing
Livermore gage and the upstream end of Seaman Reservoir (that is, the Livermore-to-Seaman Reach) in
different seasons and hydrologic regimes (particularly dry conditions) to determine if there are flow
Figure 4-2. North Fork, Zero-Flow Conditions below Calloway
Diversion, August 2018
Source: CPW
Page 510
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-10
June 2023
losses in this stretch. Details of the preconstruction surveys, including an agreement on methods and
standards to be used to define whether there are flow losses, will be included in an intergovernmental
agreement between Fort Collins and CPW. If the preconstruction survey demonstrates that the
Livermore-to-Seaman Reach is a neutral or gaining reach, then another gage below the existing
Livermore gage will not be needed. If the preconstruction survey demonstrates that the Livermore-to-
Seaman Reach is a losing reach, Fort Collins will coordinate with CPW on next steps which could include
the installation of a fourth gage or increased Halligan Project flows to the Livermore gage to offset such
losses toward ensuring that the Summer Low-flow Plan benefits all 22 miles of river.
If, in the future, another diversion structure is constructed in the Livermore-to-Seaman Reach, Fort
Collins will commit to work with the owner of this diversion structure toward assuring passage of Fort
Collins’ flows. The commitment with the future diversion structure owner could include a written
agreement, installation of other gages, and/or other means of assuring that Fort Collins can meet its
Summer Low-flow Plan measure.
Exchange of the Summer Releases – May through June
Similar to the winter releases, from May 1 to June 30, the Summer Low-flow Plan releases will be
delivered down the North Fork to the confluence with the Main Stem and either “exchanged up” to
Fort Collins’ Intake(s) on the Main Stem or delivered downstream for other purposes. If the summer
releases are exchanged, when the releases reach the confluence of the Main Stem and the North Fork,
Fort Collins will divert a like amount of water at one of the Fort Collins’ Intakes. The amount of water
diverted at the Fort Collins’ Intake(s) will be the amount released from the enlarged Halligan Reservoir
reduced by the administrative transit loss assessed by DWR. In certain rare conditions when inadequate
flows exist in the Main Stem for Fort Collins to perform an exchange to its intake(s), Fort Collins may find
an entity willing to accept the summer releases in exchange for transferring other water to Fort Collins.
These trades will require an agreement between Fort Collins and the other entity, and such an
agreement will be reached in the future.
Greeley may potentially divert and store the summer releases in Seaman Reservoir using its own
exchange water rights. In these situations, Greeley would divert and store the summer releases and
deliver a like amount of water to the Main Stem at some point above the downstream calling water
right. Diversion and storage of Halligan summer releases by Greeley in Seaman Reservoir at times would
occasionally interrupt the temperature benefits of the Summer Low-flow Plan in the approximately
1 river mile reach of the North Fork below Seaman Reservoir. To maximize the extent of this benefit for
the North Fork, an operational agreement is being pursued with Greeley (discussed further in
Section 4.2.1.3).
Modified Summer Release Exchange Plan – July through September
Fort Collins will not exchange Summer Low-flow Plan releases (up to 5 cfs) from Halligan Reservoir up to
either of the Fort Collins Intakes. This hiatus on exchanges will occur each year from July 1 to September
30. This action will leave more water in the Main Stem upstream of the North Fork confluence and
downstream to below the Hansen Supply Canal during times of the most critical temperature concern
(July to September), minimizing Halligan Project temperature impacts in this critical season.
Protection of the Summer Releases
NPIC cannot divert the summer flows into the North Poudre Canal pursuant to an existing agreement
with Fort Collins. Additionally, Fort Collins will undertake a good faith effort to protect the summer
releases from Halligan Reservoir to Seaman Reservoir using the Protected Mitigation Release statute
Page 511
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-11
June 2023
(per CRS Section 37-92-102[8]) in the same manner and subject to the same limitations as described for
the winter releases (Section 4.2.1.1).
Curtailment of the Summer Low-flow Plan
The Summer Low-flow Plan will not be operated during emergency situations, maintenance
occurrences, and when water restrictions are in place for Fort Collins’ water customers, as described
further in Section 4.2.1.7.
4.2.1.3 Operational Agreement with Greeley/Seaman Reservoir Outlet Works
Reconstruction
If the diversion and storage of Halligan Project summer releases by Greeley in Seaman Reservoir could
be avoided, the river temperature benefits of the Summer Low-flow Plan could be extended to the
approximately 1 river mile reach of the North Fork below Seaman Reservoir. To maximize the extent of
this benefit on the North Fork, Fort Collins is pursuing an operational agreement with Greeley. The
agreement would specify the need for Greeley to pass Halligan Releases, including the Winter Release
and Summer Low-flow Plan of 3 cfs and up to 5 cfs directly through Seaman Reservoir. For this to be
possible, upgraded outlet works may be needed in Seaman Reservoir. Greeley is currently in the process
of upgrading their outlet works with support from federal funding. As part of the potential agreement,
Fort Collins may provide additional funding support for further refinement of the new outlet works
design for Seaman Reservoir. The goal of this additional funding would be to give the new outlet works
the functionality and operational control to pass even the small Summer Low-flow Plan releases through
Seaman Reservoir (that is, the refined new outlet works should allow for fine-scale management of
releases on the order of 1 to 5 cfs).
In the event that Fort Collins cannot reach an agreement with Greeley to pass Fort Collins’ Halligan
Winter and Summer Low-flow Plan releases of 3 cfs and up to 5 cfs below Seaman Reservoir, and the
CWA Section 401 water quality certification process determines that the Halligan Project has potential
for occasional adverse temperature impacts on the North Fork below Seaman Reservoir that requires
mitigation, Fort Collins commits to mitigating the identified temperature impacts attributable to the
Halligan Project through stream restoration or other measures in a manner agreed to by Fort Collins,
CDPHE, and CPW. If reasonably practicable, Fort Collins will mitigate the identified impacts along the
river reach from Seaman Reservoir to the confluence with the Main Stem commensurate with Fort
Collins identified impacts. If not reasonably practicable in the reach below Seaman Reservoir, Fort
Collins will work with CDPHE and CPW to find other mitigation commensurate with the Halligan Projects
identified impacts.
4.2.1.4 Ramping Rate Limitations
By applying ramping rate limitations, Fort Collins will seek to constrain existing and potential dramatic
decreases and increases in the rate of discharge from Fort Collins’ portion of the enlarged Halligan
Reservoir to avoid and minimize impacts on aquatic species, particularly small-bodied native fish and
rainbow trout. Such dramatic decreases and increases in the discharge of water below Halligan Dam
resulting from Fort Collins’ operation of its portion of the enlarged Halligan Reservoir could occur
because of (1) the rate at which Fort Collins diverts water into the enlarged reservoir (thus affecting the
amount of water flowing past the dam), and (2) the rate at which Fort Collins releases water from its
portion of an enlarged Halligan Reservoir that Fort Collins previously stored. Fort Collins will seek to
implement the ramping rate limitations by managing both such aspects of its operations.
The ramping rate limitations described in this section are intended to protect aquatic life, as well as
people recreating (for example, fishing) downstream. Tempering sudden flow changes is consistent with
Page 512
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-12
June 2023
The Nature Conservancy’s (TNC’s) environmental flow recommendations for the North Fork (TNC 2008).
The ramping rate limitations will also help maintain a more natural descending limb of the North Fork
hydrograph following peak flows by incorporating a more gradual decrease in outflow and establishing a
lag time before returning the stream to a base flow level. The ramping rate limitations are based on an
evaluation of operations at the existing Halligan Dam and, in part, on the statistical analysis of natural
ramping rates that are anticipated on the North Fork. The following ramping rate limitations
(summarized) were developed in consideration of the following factors:
1) Needs of Fort Collins’ customers and additional legal obligations of Fort Collins
2) Operational compatibility
3) Mimicking natural hydrologic conditions to the extent feasible
4) Protecting small-bodied native fish and rainbow trout
Operation of the Ramping Rate Limitations
Fort Collins will limit dramatic decreases and increases in the discharge rate resulting from Fort Collins’
operation of its portion of the enlarged Halligan Reservoir as described in this section. Ramping rate
limitations would take effect as soon as the new Halligan Dam has been approved to store water by the
DWR.
Ramping Rate Limitations to Decreasing Discharge Rates–The limitations on decreasing discharge rates
resulting from Fort Collins’ operation of its portion of the enlarged Halligan Reservoir are intended to be
protective of small-bodied native fish and rainbow trout that are susceptible to being stranded in
discrete areas within the North Fork with sudden decreases in flow. According to the Ramping Rate
Limitations for decreasing discharge rates resulting from Fort Collins’ operation of its portion of the
enlarged Halligan Reservoir, the maximum allowable decrease in discharge rate is dependent on the
starting discharge rate, which will be measured at the outlet works of the replacement Halligan Dam
and/or the immediate downstream gage. The maximum allowable decrease to the discharge rate
resulting from Fort Collins’ operation of its portion of the enlarged Halligan Reservoir, according to the
Ramping Rate Limitations, is summarized in Table 4-1.
Table 4-1. Ramping Rate Limitations for Decreasing Releases from Fort Collins’ Portion of an Enlarged
Halligan Reservoir[a]
Starting Discharge Rate[b] Maximum Down-ramp (Decrease) per Hour
Greater than 200 cfs 10% of starting discharge rate
Between 100 and 200 cfs 10% of starting discharge rate (maximum of 20 cfs)
Less than 100 cfs 10% of starting discharge rate (maximum of 10 cfs)
[a] The replacement Halligan Dam will include an outlet works with a maximum capacity of 800 cfs; therefore, the
maximum release flow is 800 cfs if the reservoir is not full.
[b] The “starting discharge rate” is the discharge rate from the outlet works before any decrease in flow.
The following are example descriptions of how the ramping rate limitations will be implemented for
decreasing discharge rates resulting from Fort Collins’ operation of its portion of the enlarged Halligan
Reservoir:
• Example 1: Decreasing discharge rate from 800 cfs to 50 cfs (for example, after the Peak Flow
Bypass Program)–The discharges from the enlarged Halligan Reservoir will decrease or be “ramped
down” at a rate of 10 percent of 800 cfs per hour (cfs/hour) (80 cfs/hour), until a discharge rate of
Page 513
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-13
June 2023
approximately 200 cfs is reached. This will be accomplished by managing how Fort Collins diverts
water into storage in the enlarged Halligan Reservoir. At that point, a “reset” will occur and
discharges from the reservoir will continue to decrease or “ramp down” at a maximum rate of
10 percent of 200 cfs (20 cfs/hour). As the discharges continue to decrease, another reset will occur
at 100 cfs, and the discharge rate will decrease or be ramped down at a maximum of 10 percent of
100 cfs (10 cfs/hour) until the final discharge rate is reached (50 cfs). The total duration of this
ramping event will be approximately 18 hours.
• Example 2: Decreasing discharge rate from 90 cfs to 5 cfs–The releases from Halligan Reservoir will
decrease or be ramped down at a rate of 10 percent of 90 cfs per hour (9 cfs/hour) until the final
discharge rate is reached. Again, this will be accomplished by managing how Fort Collins diverts
water into storage in the enlarged Halligan Reservoir and how Fort Collins is making releases of
water it previously stored in its portion of an enlarged Halligan Reservoir. The total duration of this
ramping event will be approximately 10 hours.
Ramping Rate Limitations to Increasing Discharge Rates–The limitations to increasing discharge rates is
intended to protect fish that could be swept downstream and to lower the risk to people recreating on
the North Fork who could be exposed to rapid water level rises without the limitation in place.
According to the ramping rate limitations for increasing discharge rates, Fort Collins will limit changes to
the rate at which reservoir discharges increase resulting from Fort Collins’ operation of its portion of the
enlarged Halligan Reservoir. Increasing discharge rates from the reservoir will be evenly distributed over
a 4-hour period to more closely match hydrographic data above Halligan Reservoir and other
unmanaged systems with similar precipitation and runoff regimes.
The following is an example description of how the ramping rate limitations will be implemented for
increasing discharge rates resulting from Fort Collins’ operation of its portion of the enlarged Halligan
Reservoir:
• Example: Increasing discharge rate from 5 cfs to 100 cfs–The discharges from Halligan Reservoir will
be increased or ramped up at a rate that is evenly distributed over a 4-hour period. In this case, the
releases from the reservoir will be increased at 24 cfs/hour.
Exclusions to the Ramping Rate Limitations
The ramping rate limitations will not apply to water that is naturally spilling over the spillway of Halligan
Dam because Fort Collins cannot control this amount of flow. Likewise, the ramping rate limitations will
not apply to NPIC’s diversion, storage, and releases of water in its portion of the enlarged Halligan
Reservoir. NPIC can, and likely will, continue to operate its portion of the enlarged Halligan Reservoir as
it does currently. Nevertheless, after construction of the Halligan Project, Fort Collins will attempt to
reach an operational agreement with NPIC to operate all diversions to and releases from the enlarged
Halligan Reservoir (both Fort Collins and NPIC’s) to meet the ramping rate limitations (Section 5.1.1.5).
The NPIC has indicated a preference to wait until after the enlarged Halligan Reservoir has been
operational for a few years before considering such an agreement.
Occasionally, Fort Collins may be required by others or by maintenance exercises to deviate from the
ramping rate limitations. Two such example scenarios when the ramping rate limitations might not be
implemented are described as follows:
• DWR currently allows some flexibility in water rights administration that would allow ramping rates
to occur at times when Fort Collins does not have the right to store water (DWR 2016). However, if
DWR guidance changes in the future, Fort Collins could be directed to cease diverting water into its
Page 514
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-14
June 2023
portion of the enlarged Halligan Reservoir for water rights administration or other reasons. To the
extent legal Fort Collins will ramp diversions as described in this plan.
• Consistent with best practices, Fort Collins annually exercises the outlet valves to ensure full range
of operation. These activities will likely occur annually during the spring runoff when water is spilling
over the spillway. In these instances, the valves will be fully opened for several minutes and then
reduced back to the operational level.
Curtailment of the Ramping Rate Limitations
The ramping rate limitations apply only to discharges affected by Fort Collins’ operation of its portion of
the enlarged Halligan Reservoir and not to changes in the discharge rate from other factors. The
ramping rate limitations will not be operated during emergency situations, maintenance occurrences,
and when water restrictions are in place for Fort Collins’ water customers, as described further in
Section 4.2.1.7. As discussed above in “Exclusions to the Ramping Rate Limitations,” the ramping rate
limitations may also be curtailed as required by the Division of Water Resources in its administration of
water rights and regulation of Halligan Dam safety.
4.2.1.5 Peak Flow Bypass Program
Fort Collins will forgo all diversions into its portion of the enlarged Halligan Reservoir for 3 days
coinciding as closely as practicable with the annual forecasted peak (runoff) flow event for the
North Fork. The ramping rate limitations (Section 4.2.1.4) will be implemented on both sides of this
3-day Peak Flow Bypass Program, extending the bypass beyond 3 days. The Peak Flow Bypass Program
would take effect as soon as the new Halligan Dam has been approved store water by DWR.
The Peak Flow Bypass Program will avoid and minimize impacts on the aquatic ecosystem from the
Halligan Project by maintaining some of the historical, pre-enlargement peak flows past the enlarged
Halligan Reservoir. The Peak Flow Bypass Program will allow 3 days (in addition to ramping) of peak
flows during times when Fort Collins could be diverting water into storage in the enlarged Halligan
Reservoir. This Peak Flow Bypass Program is intended to mimic a natural, pre-enlargement stream flow
for this 3-day period to support riverine and ecological processes in the North Fork, such as the
following:
• Providing phenological cues to aquatic and riparian organisms for emergence of aquatic insects,
spawning, the timing of flowering, and seed dispersal
• Facilitating natural seasonal sediment transport, channel shaping, and channel scour
• Recruiting and transporting woody debris and other organic materials
• Providing overbank flooding to maintain wetland and riparian habitat function, including seed
transport and propagation of native cottonwood and willow species, sediment transport, formation
and maintenance of aquatic habitat, and riparian area diversity and structure
Operation of the Peak Flow Bypass Program
Fort Collins will monitor the stream gage installed above the enlarged Halligan Reservoir (United States
Geological Survey gage 06751145 on the North Fork), along with snowpack levels and weather
conditions, to estimate when a peak flow of runoff above the enlarged Halligan Reservoir will occur.
When the forecast peak flow has been estimated to within a few days, Fort Collins will forgo diverting
water into storage into its portion of the enlarged Halligan Reservoir for 3 consecutive days. The
ramping rate limitations described in Section 4.2.1 will be implemented on both the increasing and
Page 515
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-15
June 2023
decreasing of flows for the 3-day bypass. The replacement Halligan Dam will include an outlet works
with a maximum capacity of 800 cfs, which will allow operational passing of the full magnitude of the
incoming peak flow via the outlet works, spillway, or a combination of each, in most years.
Operation of the Peak Flow Bypass Program will be limited to the snowpack-driven annual peak, which
typically occurs during runoff between mid-May to early June (Natural Resources Conservation Service
[NRCS] n.d.). Fort Collins will notify CPW in advance of the estimated peak flow bypass each year.
If the annual peak flow above Halligan Reservoir occurs when NPIC is filling its portion of the enlarged
Halligan Reservoir, Fort Collins will wait to operate the Peak Flow Bypass Program until directly after
NPIC fills its portion (that is, Fort Collins will bypass flows for 3 days, plus the ramping rate limitations on
both increasing and decreasing bypass flows, before starting to fill its portion of the enlarged Halligan
Reservoir). Conditions may be such that Fort Collins will be able to divert water to storage in its portion
of the enlarged Halligan Reservoir before the peak flow occurs. In this scenario, Fort Collins will
temporarily cease filling its portion of the enlarged reservoir during the estimated 3-day peak flow
bypass period.
Circumstances may exist when, in consultation with CPW, Fort Collins will deviate slightly from the Peak
Flow Bypass Program described herein, provided that any such modifications will not affect Fort Collins’
storage and yield from the enlarged Halligan Reservoir and are consistent with all applicable permits and
approvals, agreements, and decrees. These potential deviations could include changes to the timing or
quantity of flow to manage sediment buildup in Halligan Reservoir following a wildfire event; changes to
the timing or quantity of flow in a wet year to minimize predicted excessive spilling over the Halligan
Dam; other modifications of timing, duration, and quantity of flow needed for emergency response;
periodic maintenance; or for the benefit of the aquatic environment as determined in coordination with
CPW.
Limitations of the Peak Flow Bypass Program
Fort Collins will not have any dominion or control over the bypassed water because it will not have been
previously diverted or stored by Fort Collins. Therefore, as occurred historically, the peak flows will be
available for diversion by NPIC at the North Poudre Canal Diversion or by Greeley at Seaman Reservoir
under their respective water rights. Fort Collins understands that NPIC currently has rights to divert up
to approximately 350 cfs at the North Poudre Canal Diversion, although current infrastructure may limit
diversions to less than approximately 200 cfs.17 Peak flows greater than the amount that NPIC can legally
and physically divert at the North Poudre Canal Diversion will flow past the North Poudre Canal
Diversion.
Because estimating peak flow can be difficult given unpredictable weather conditions beyond Fort
Collins’ control (for example, hot, dry, or windy conditions that quickly evaporate snowpack; cool or wet
conditions that create gradual runoff with no distinct peak; or unpredictable rain on snow events), the
actual peak flow above the enlarged Halligan Reservoir might not be the same as the predicted peak
flow used for this program. If in a particular year the peak flow is difficult to estimate given
unpredictable or changing weather conditions, and is accidentally missed, the incoming flows will be
passed through the enlarged Halligan Reservoir as soon as this condition is identified. If the peak flow
bypass is operated prematurely, Fort Collins will not operate the Peak Flow Bypass Program again that
year. To minimize these circumstances, Fort Collins will monitor its Peak Flow Bypass Program actions
each year to evaluate how closely the estimated and bypassed peak coincides with the actual peak that
17 Design criteria for reconstruction of the North Poudre Canal Diversion as part of the Halligan Project are expected to support diversions of
350 cfs.
Page 516
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-16
June 2023
occurred in a given year. This annual review will provide information to optimize the Peak Flow Bypass
Program operations over time. If for some reason Fort Collins does not accurately anticipate the peak
flow, Fort Collins will consult with CPW or other parties on methods to improve its forecasting of peak
flows on the North Fork, which will be paid for by Fort Collins.
Curtailment of the Peak Flow Bypass Program
The Peak Flow Bypass Program will not be operated during emergency situations, maintenance
occurrences, and when water restrictions are in place for Fort Collins’ water customers, as described
further in Section 4.2.1.7.
4.2.1.6 End of Summer Flushing Event
An end of summer flushing event (flushing event) will be conducted following fall turnover of Halligan
Reservoir each year that a turnover event occurs (turnover is anticipated to occur in all years of normal
Halligan Project operations) to address potential iron coatings on river materials. The first flushing event
would occur after the new Halligan Dam has been approved to store water by DWR and Fort Collins’
portion of the reservoir has filled and there has been a reservoir turnover, as described above. The
flushing event would be a release of a maximum of 30 acre-feet of water from Fort Collins’ water in the
Halligan Reservoir Enlargement to the North Fork over a short time duration. In years when releases
occur for other reasons (for example, NPIC releases) that yield similar flow rates/durations following
turnover, these flushing event releases by Fort Collins would not be needed and would not occur. Like
other flow-related operational measures (Section 4.2.1), the flushing event will not be operated during
emergency situations, maintenance occurrences, and when water restrictions are in place for Fort
Collins’ water customers as discussed in Section 4.2.1.7.
The intention of the flushing event would be to flush seasonal iron deposition (if it occurs) from
sediment surfaces below the dam to minimize the potential adverse effects of such deposition, which is
most likely to occur in late summer, if it were to occur. The goal is to release a maximum of 30 acre-feet
of water at the lowest discharge rate from the outlet of the enlarged Halligan Reservoir that is
practicable to successfully mobilize the iron deposits. Targeting lower effective flow rates is desirable to
avoid unintended adverse consequences on small-bodied fish and inadvertent sediment release. For
example, a possible release schedule would be to release about 80 cfs for 4 hours.
To avoid unintended adverse effects on small-bodied native fish and sediment, Fort Collins will seek
CPW input regarding the planned rate, ramping, and timing of the release each year. Fort Collins would
also monitor iron and habitat conditions immediately below the enlarged reservoir for 5 years to
determine if this flushing event is effective and/or necessary. This monitoring will consist of visual
checks for iron deposition on sediment in the vicinity of the NBH sampling station (and photographic
records of any observed deposition) as well as continued sampling at NBH for dissolved and total iron.
However, if it is determined at the end of the first five flushing events (in consultation with CPW) that
this operation is no longer needed, then the releases and special monitoring (observations of iron
deposition) will end.
4.2.1.7 Water Supply Shortage Events and Curtailment of Measures
To balance the protection of fish and wildlife that benefit from the flow-related operational measures
described in Chapter 4, with the health and safety of the customers who rely on Fort Collins to provide
high-quality, reliable drinking water, the flow-related operational measures described Sections 4.2.1
and 5.1.1.1 can be curtailed during certain instances that threaten Fort Collins’ ability to provide that
water. Curtailment can occur during emergency situations, maintenance occurrences, and when water
restrictions are in place for Fort Collins’ water customers, as described below. When appropriate in
Page 517
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-17
June 2023
limited instances like planned maintenance, Fort Collins will notify CPW of curtailment events to
consider potential timing to limit impacts on aquatic resources.
Emergency Situations
Curtailment of the flow-related operational measures described in Chapter 4 can occur, at Fort Collins’
discretion, during emergency situations, such as flooding, wildfires, infrastructure failures or other
limitations, or other instances that threaten the ability of Fort Collins to deliver high-quality drinking
water safely to its customers. The frequency of anticipated curtailment for emergency situations is
difficult to define because these situations are outside of Fort Collins’ control. However, over the past
20 years, temporary curtailment due to an emergency likely would have occurred only for approximately
2 months coinciding with the 2012 High Park Fire. In contrast, certain emergency situations likely will
not require curtailment of the flow-related operational measures described above. For example, the
2020–2021 Cameron Peak Fire and associated water use restrictions likely would not have required
curtailment of Fort Collins’ operations of its portion of the enlarged Halligan Reservoir because of the
time of year that it occurred. Curtailment of the measures due to emergencies is anticipated to be
infrequent and short in duration.
Maintenance Occurrences
Curtailment of the flow-related operational measures described in Chapter 4 can occur, at Fort Collins’s
discretion, during maintenance events such as inspections, repairs, or planned maintenance of the
Halligan Dam infrastructure and related appurtenances. The number and extent of these occurrences
will generally be minimized by advanced planning, including consultation with CPW to limit impacts on
wildlife if any operational or mitigation commitments need to be modified. Maintenance activities will
inherently be short in duration because they will likely disrupt Fort Collins’ and NPIC’s ability to deliver
water to their customers and shareholders. Therefore, curtailment that occurs because of maintenance
activities is also anticipated to be infrequent and short in duration. In addition, for non-emergency
maintenance activities, the ramping rates limitations (Section 4.2.1.4) will be implemented.
Watering Restrictions
Curtailment of the flow-related operational measures could occur, at Fort Collins’ discretion, during
periods when a water shortage is projected and Fort Collins’ water customers are required to restrict
their landscape watering through mandatory water restrictions to 2 days a week or fewer. This would
balance the benefits provided to the aquatic environment from the flow-related operational measures,
with the ability to reliably provide water to Fort Collins’ customers.
Such curtailment corresponding with customers limiting landscape watering to 2 days per week or fewer
is consistent with the Level 1 action level described in the Water Shortage Action Plan (City of
Fort Collins 2020b). Although changes to future Fort Collins policy may influence changes to future
mandatory water restriction levels, curtailment of the flow-related operational measures described
previously will be independent of those future planning criteria and will instead be tied to the
restrictions currently associated with a Level 1 action level in the 2020 plan (City of Fort Collins 2020b).
For example, if future planning incorporates a new description of a Level 1 water restriction that is
3 days per week, curtailment of the flow-related operational measures will occur only when water
restrictions limit watering to 2 days per week or fewer.
The Winter Release Plan would continue to operate through restriction levels that allow lawn watering
but may be curtailed when customers are not allowed to water lawns, which is currently Level 3 of the
Water Shortage Action Plan.
Page 518
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-18
June 2023
The water needs of Fort Collins and its customers have and will continue to change over time due to
impacts from climate change, continued conservation, economics, and other factors. Fort Collins is
currently working on future water resources and demand planning and modeling that will consider
these potential factors and the impacts to its water system. Fort Collins is committed to incorporating
this planning and modeling data about the potential of operations that will include continuing the
Summer Low-flow Plan even during greater water restriction levels. If appropriate and approved by the
City Council, Fort Collins will incorporate into future policies that the Summer Low-flow Plan operations
continue at some level even during greater water restriction levels (particularly during restriction levels
that allow lawn watering). Fort Collins will coordinate with CPW on potential changes to these
curtailment measures.
The frequency of such curtailment is expected to depend primarily on the occurrence of drought in the
region. Common technical platform (CDM and DiNatale 2013) modeling indicates that mandatory
restrictions will be required infrequently (mandatory restrictions occurred twice in an 86-year modeling
period). Fort Collins’ actual adoption of mandatory restrictions also occurs infrequently; recent
information indicates that mandatory restrictions have been required about once every 7 to 10 years
(three times in the last 20 years) and ranged in duration from 2 to 18 months. The voluntary watch level
of restrictions implemented by Fort Collins in summer 2021 to address uncertainty about the availability
and quality of Poudre River source water following the 2020 Cameron Peak Fire, likely would not have
resulted in a curtailment of the flow-related operational measures.
4.2.1.8 Combined Environmental Effects of Flow-related Operational Measures
Overall, the Halligan Project and proposed ramping rate strategy discussed in this FWMEP include
operational flow measures and peak flow bypass that will minimize negative effects of current Halligan
Reservoir operations, including dry-up conditions and current significant temperature fluctuations below
Halligan Reservoir dam (thermal shock). The operational flow measures will allow both perennial flows
and peak flows. The peak flows are needed to help maintain a more natural stream morphology and
overbank connectivity. These measures have been designed to collectively improve connectivity and
function to portions of the North Fork below the enlarged Halligan Reservoir that currently have little to
no flow during certain times of the year. The measures will provide perennial flows, minimize abrupt
changes in flows resulting from operations of the enlarged Halligan Reservoir, and maintain flows that
help support critical stream functions. Numerous analyses have been conducted to evaluate the
potential effects of the Halligan Project on the North Fork and its associated aquatic and biological
communities, including but not limited to analysis of flows and aquatic habitat availability under various
flow scenarios (GEI 2016, 2018; Miller 2017; WEST 2017a, 2017b; City of Fort Collins 2017;
Pioneer 2016a, 2016b, 2017b). The analyses show that implementing the minimization measures is
anticipated to have an overall (net) benefit to North Fork aquatic resources, including increased
ecological function of the stream system and associated riparian zone of the North Fork. The
minimization measures include the following:
• Combination of the Winter Release Plan and the Summer Low-flow Plan - Eliminate nearly all zero-
flow days on the North Fork between the enlarged the Halligan Reservoir and Seaman Reservoir and
restore continuous flow to approximately 5.8 to 12.118 acres of riffle and pool complex area
(Corps 2019). The combined Winter Release Plan and Summer Low-flow Plan will improve the
transport of nutrients, organic material, and native seed through the stream system while also
providing a net increase of at least 2.3 acres of riffle and pool habitat (the difference between the
18 Varying calculations have been used to determine the area of restored riffle pool complexes downstream of the North Poudre Canal
Diversion (Reach NF4, also known as Segment 2a). The larger area considers the entire length of NF4, and the smaller area considers only the
1.9-mile segment of NF4 above the North Poudre Canal return flow (refer to Corps, 2019 for more information).
Page 519
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-19
June 2023
minimum 5.8-acre gain and 3.5-acre loss because of inundation), in the stretch of the North Fork
between the enlarged Halligan Reservoir and Seaman Reservoir. The Summer Low-flow Plan will also
provide a stream temperature benefit on the North Fork during the lowest summer flow rates,
which often correspond to the times of current stream temperature standard exceedances
(especially July through September). Further, the Modified Summer Release Plan will extend some
of the avoidance benefits of the Summer Low-flow Plan to Segment 10a of the Main Stem.
• Ramping Rate Limitations - Limit abrupt changes to discharges resulting from Fort Collins’ operation
of its portion of the enlarged Halligan Reservoir to minimize the potential for stranding or flushing of
small-bodied native fish and rainbow trout and to more closely mimic natural changes to the
hydrography.
• Peak Flow Bypass Program - Allow for a period of high flows to pass the enlarged Halligan Reservoir
to provide important functions for the maintenance of aquatic and riparian habitats, including those
discussed in Section 4.2.1.5.
In whole, the flow-related operational measures described in this section (in addition to other measures
described in Sections 4 and 5 of this FWMEP), could minimize impacts from the Halligan Project to
current conditions in the North Fork below Halligan Reservoir and may provide some beneficial and
long-term improvements (“functional lift”) to the aquatic resources when compared to existing
conditions. To quantify and assess the functional lift and long-term benefits of the Project at this time
and into the future is difficult without an in-depth analysis of current and future conditions and a project
monitoring plan.
4.2.2 Infrastructure Design Measures
Numerous aspects of the design of the replacement Halligan Dam and associated Project infrastructure
provide opportunities to improve current operations for environmental benefit, avoid and minimize
Project impacts, and allow mitigation measures such as the flow- and sediment-related operational
measures described in this FWMEP. One key measure incorporated into the design of the outlet works is
inclusion of a two-outlet system, a primary and an auxiliary outlet. A series of gates will be located at the
intake on the upstream side of the replacement Halligan Dam and at the valve house located on the
downstream side of the dam. This design ensures redundancy in operational function and will allow the
gates to be closed from multiple locations in the event one gate becomes inoperable, particularly in an
emergency. Gate redundancy also allows for maintenance work, structural inspections, or emergency
work at the replacement Halligan Dam or outlet works to be conducted without drawing down the
reservoir pool elevation. Although this design was not developed specifically as a Project mitigation
measure, it is a key improvement over the existing dam that will avoid potential sediment releases
associated with drawing down the reservoir for regular inspections and maintenance.
4.2.2.1 Multilevel Outlet Structure
A multilevel outlet works (MLOW) for Halligan Reservoir that would allow water to be released from one
or more elevation higher than the bottom has been discussed since the CMP was put forth in the DEIS.
An MLOW is a tool that can, in some cases, allow for beneficial additional management controls on the
quality of water released from a reservoir, particularly at times of stratification. At this time, however,
an MLOW is not expected to be necessary from the perspective of aquatic life mitigation efforts.
Therefore, based on CPW comment, the MLOW is not a commitment in the FWMEP, but the need for an
MLOW may be revisited through the CWA Section 401 water quality certification process.
During the 401 Certification process modeling and analysis findings will be reviewed to assess whether
such a structure would provide effective and practical water-quality management options for mitigating
Page 520
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-20
June 2023
anticipated Project water-quality impacts. Currently anticipated decision factors regarding “effective
and practical water-quality management options” include consideration of reservoir stratification,
concentration gradients, operations, and net benefit to aquatic resources. For example, model results
will be evaluated to determine whether operational flexibility to release water from the epilimnion in
summer months will provide adequate water quality benefit when weighed against any additional stress
on aquatic life because of the release of warmer water from the top of the reservoir. CWA Section 401
water quality certification model findings will be shared, and CPW and CDPHE will be consulted on this
decision, as part of the CWA Section 401 water quality certification process.
4.2.2.2 Outlet Conduit Sizing
To allow for the peak flow bypass mitigation measure (Section 4.2.1.5), Fort Collins incorporated an
enlarged outlet conduit, which is larger than necessary to meet demand-based releases. The enlarged
outlet will be constructed to release up to 800 cfs. Streamflow gage measurements and Project
modeling indicate inflows into Halligan Reservoir rarely get above 800 cfs, with only 0.46 percent of days
being higher and most of these days the enlarged reservoir will be full and spilling.
4.2.3 Construction-related Measures
Fort Collins will implement multiple measures to avoid and minimize impacts on fish and wildlife related
to construction of the Halligan Project.
4.2.3.1 Big Game Interference Minimization
Fort Collins aims to avoid and minimize the Halligan
Project’s potential impacts on wildlife within the
Halligan Project Area when feasible. Figure 4-3
shows an elk herd foraging in the Livermore area.
The Halligan Project includes many construction-
related measures designed to avoid and minimize
impacts on big game, including the following
measures that are described elsewhere in this
report:
• Construction scheduling to ensure efficient
Project delivery, to limit temporal impacts and
number of seasons during which habitat is
disturbed (Section 4.2.3.13)
• Construction carpooling (Section 4.2.3.11)
• Management of fugitive dust during construction (Section 4.2.3.7)
• Minimizing construction disturbance areas and the number and footprint of construction access
roads (Sections 4.2.3.9, 4.2.3.10, and 4.2.3.14)
• Reclamation and revegetation of temporarily disturbed areas (Section 4.2.3.9)
• Implementation of a noxious and invasive weed management plan for construction and reclamation
activities (Section 4.2.3.15)
Compensatory mitigation and enhancement measures specific to bighorn sheep are described in
Sections 4.3.3 and 5.2.3.
Figure 4-3. Foraging Elk Herd
Source: CPW
Page 521
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-21
June 2023
4.2.3.2 Preconstruction Botanical Surveys
Previous botanical surveys have not located Ute ladies’-tresses
orchid (Figure 4-4) in the area of Halligan Reservoir
(WEST 2016b; Jacobs 2021). To further minimize the possibility
of Project impacts on this federally threatened plant, botanical
surveys will be conducted at a minimum of a year before
construction. Surveys will focus on areas that will likely be
disturbed by the Halligan Project and that could support the
orchid, and be performed during the growing season (July and
August). Results of preconstruction surveys will be submitted to
USFWS as required by the ESA; CPW will be provided a courtesy
copy of results. If Ute ladies’-tresses orchid is found during
preconstruction surveys, Fort Collins will develop a plan to avoid
the plants and the habitat or remove and relocate the plants
before construction disturbance.
4.2.3.3 Preconstruction Bat Surveys
Visual and auditory detection surveys for bats (Figure 4-5) were
conducted in the area of Halligan Dam and up to 0.5 mile
downstream of Halligan Dam in 2021 (Jacobs 2021). Several lone
bats were detected during the surveys, but no large
concentrations of bats were identified. The scattered occurrence
of lone bat detections suggests that the area below Halligan Dam
is used for foraging, but evidence of a bat colony or identification
of roosting locations was not observed during this brief
presence/absence survey. To minimize the possibility of Project
impacts on bats, additional surveys are warranted, including a
survey for roosting sites near the dam. This additional bat survey
work will be conducted in the year before construction
commences for the Halligan Project. Surveys will focus on areas
that will likely be disturbed by Halligan Project construction
activities. If surveys indicate the presence of an active bat roost
near the Halligan Dam, Fort Collins will consult with CPW on
appropriate mitigation measures.
Figure 4-4. Ute Ladies’-tresses
Orchid
Source: P. Hickey
Figure 4-5. Townsend’s Big-Eared
Bat
Source: CPW
Page 522
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-22
June 2023
4.2.3.4 Migratory Bird and Raptors Surveys
Nest surveys were conducted in the area of Halligan Dam and along access roads in 2021 (Jacobs 2021).
Additional monitoring for migratory birds and raptors will be performed every other year before
construction, the year before the start of construction, and annually during construction with a focus on
areas of suitable habitat within planned or proposed disturbance areas in the immediate Halligan
Project Area. Before and during construction activities, Fort Collins may use bird nesting deterrents
during nesting season to reduce the risk of nesting activities during construction. Deterrent measures
may include modifying or removing attractive nesting habitat (for example, trees, shrubs, tall grass)
within potential disturbance areas during inactive periods to reduce the potential for construction-
related impacts during active nesting periods. Before Project implementation, Fort Collins will provide
CPW an opportunity to review and comment on Project specifications related to migratory bird and
raptor nesting avoidance and minimization. If eagle or other raptor nests are identified, Fort Collins will
consult with CPW and their buffer guidelines for nesting raptors to determine measures to minimize the
potential adverse impacts of the construction activity. If avoidance and minimization techniques are
unsuccessful and a taking is necessary, Fort Collins will follow any applicable permit and mitigation
requirements at the time of the taking.
4.2.3.5 Raptor Nesting or Roosting Platforms
Fort Collins will include nesting or roosting platforms (Figure 4-6)
near Halligan Reservoir to encourage eagles and other raptors,
such as osprey, to use the reservoir. The platforms will also
minimize any temporary loss of perching locations from the
inundation of shoreline trees while new shoreline habitat
becomes established. The final design and location of nesting or
roosting platforms will be developed in coordination with CPW.
The nesting or roosting platforms will be installed as part of the
project construction. At this time the exacting timing is not
known. However, the nesting or roosting platforms will be
installed before inundation of the enlarged Halligan Reservoir
begins.
4.2.3.6 Stormwater Management Plan
Fort Collins will develop a stormwater management plan in
compliance with local and state requirements and as required by
the National Pollutant Discharge Elimination System,
Construction General Permit, COR400000, before construction, which will include all necessary
stormwater management controls and best practices, temporary sediment and erosion control during
construction, and medium-term sediment and erosion control during vegetation re-establishment.
Targeted planning and successful execution of the stormwater management plan will reduce the
potential for water quality degradation of the North Fork and its associated aquatic ecosystem.
Additionally, a non-stormwater discharge permit and monitoring plan will be prepared, if required,
before the start of construction.
4.2.3.7 Best Management Practices
Fort Collins proposes to employ standard construction BMPs (also called control measures) typically
included in federal, state, and local permit requirements to reduce potential construction-related
impacts on upland and aquatic habitats, fish, and water quality. BMPs will be implemented at Project
Figure 4-6. Raptor Nesting
Platform in Laporte, Colorado
Source: Colorado Department of
Transportation
Page 523
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-23
June 2023
construction areas, including dam construction and staging/stockpile areas, along access roads, the
North Poudre Canal Diversion structure, and mitigation or enhancement sites that involve Fort Collins-
led construction. At a minimum, standard dust and erosion control measures, sediment control
measures, aquatic nuisance species measures, and the application of non-stormwater-related control
measures will be implemented.
The following sections list and briefly describe some of the BMPs that may be implemented during
construction to control erosion and sedimentation. Additional measures may be incorporated if those
described differ from permit conditions defined in the CWA Section 401 water quality certification and
CWA Section 404 permit, or if site conditions warrant them.
Erosion Control Measures
Erosion control or soil stabilization includes measures that are designed to prevent soil particles from
detaching and becoming transported in stormwater runoff. Erosion control BMPs protect the soil
surface by covering and/or binding soil particles. The following practices will be implemented to provide
temporary and/or final erosion control during construction:
• Preserve existing vegetation where practicable
• Control the area of soil-disturbing operations to the extent practicable to limits shown on plans
• Control erosion in concentrated flow paths by applying erosion control blankets, check dams,
erosion control seeding, or alternate methods
• Apply permanent erosion control to the remaining disturbed soil areas before the completion of
construction
The following temporary erosion control BMPs may be implemented to control erosion on the
construction site:
• Preservation of existing vegetation, when practicable, through barrier fencing
• Hydraulic mulching or hydroseeding of disturbed areas, and reseeding and revegetating with native
vegetation following construction
• Application of soil binders to aid in minimizing wind and rain erosion
• Covering of soil stockpiles, exposed areas, or inactive areas with geotextiles, mats, soil binders, or
linear erosion controls to prevent erosion from wind or rain events
• Earthen berms, drainage swales, or slope drains constructed to direct stormwater away from
disturbed areas
• Velocity dissipation and/or streambank stabilization measures to prevent scour in discharge areas
• Soil roughening to minimize erosion and allow for moisture retention and aid in seed germination
and vegetative growth
• Soil stabilization measures such as wood chips, rip rap, rock, or gravel to stabilize soil and prevent
erosion
Page 524
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-24
June 2023
Sediment Control Measures
The following temporary sediment control BMPs may be implemented to control sediment on the
construction site:
• A silt fence, wattle, fiber roll, gravel bags, or other type of perimeter control may be installed around
the limits of construction
• Sediment basins and/or traps will be used to remove sediment before releasing water back to the
river or reservoir at a controlled rate
• Check dams constructed of fiber roll, gravel bags, or rock may be used in combination with swales to
control velocity of flows through the swales
• Passive treatment may be used to allow settlement of suspended sediment and potential passive
treatment through a media filter, before discharge
• Measures may be installed on roads and at construction exit points to reduce sediment track-out by
construction vehicles and equipment, including water bars, rock material, and reusable rockless
track-out control mats
• Stabilized construction roads may be constructed through the site to minimize dust and erosion and
help contain vehicle traffic to designated drive areas
Dust Suppression Measures
A plan for controlling fugitive dust will be developed and implemented to minimize fugitive construction
dust generated from the use of access roads and construction areas. Water and/or EPA-approved
drinking water and wildlife-safe dust palliatives will be used to stabilize construction roadways, reduce
fugitive dust emissions, and control and suppress dust in construction and access road areas. To reduce
the potential for wildlife conflicts on construction roads, magnesium chloride will not be used because it
can attract big game, such as bighorn sheep.
Non-stormwater Controls and Waste and Materials Management
The following non-stormwater control BMPs may be implemented to control sediment on the
construction site:
• Water conservation practices will be used during construction in a manner that avoids causing
erosion and the transport of pollutants offsite.
• Dewatering operations related to water captured from construction areas will comply with
applicable local and Project-specific permits and regulations. Water from dewatering operations will
meet all discharge requirements and water quality certification before water is allowed to leave the
site.
• Temporary stream crossings will be constructed to prevent construction equipment from tracking
sediment and other pollutants into the stream. Temporary stream crossings will be constructed in a
way to minimize impacts on stream banks and stream bottom substrate. It may be necessary to
install blankets between the existing substrate and temporary fill or to use clean gravel material to
construct a crossing.
• Clear water diversions will be used to intercept clear surface water runoff upstream of the
construction area and transport it around the work area to a discharge location downstream with
minimal water quality degradation. Clear water diversions used may include diversion ditches,
Page 525
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-25
June 2023
berms, slope drains, K-rails, rock bags, gravel bags, sandbags, wood, geotextile and rubber bladders,
earthen cofferdams, filter fabric, turbidity curtains, swales, pipes, or flumes along with numerous
proprietary designs. The selection of which diversion or isolation technique to use will depend upon
the type of work involved, physical characteristics of the site, and the volume of water flowing
through the Halligan Project during each construction milestone.
• Washing of construction vehicles and equipment onsite will be done in a manner that captures wash
water, not allowing it to discharge to Halligan Reservoir or the North Fork. Containment of wash
water will minimize any potential release of contaminated wash water.
• To prevent the potential spread of invasive aquatic species in Halligan Reservoir, the North Fork, or
the Main Stem, contractors will follow State of Colorado requirements for inspections and
decontamination. If heavy equipment used for the Halligan Project was previously used in another
stream, river, lake, pond, or wetland, a specific procedure will be implemented to ensure that all
mud and debris is removed from equipment prior to entering the construction site (for example,
tracks, turrets, buckets, drags, teeth). Additional discussion of aquatic nuisance species and
decontamination to avoid their spread is in Section 4.2.3.16.
• Fueling activities will be done by a mobile fueling service within the specified fueling areas for the
construction site, which will be located away from wetlands, drainages, and riparian areas which are
also associated with higher quality wildlife habitat for a variety of species.
• Construction vehicle maintenance and repair will be conducted in an area with minimal potential to
discharge to receiving waters. Repairs may be conducted in the active construction areas, if
necessary, but soil in the area will be protected before any maintenance work. Contamination of
stormwater or construction water during the concrete curing process will be prevented. Weather
will be monitored before concrete pours to avoid potential rain events that may wash fresh
concrete into waterways. Proper perimeter controls and washout procedures will be used during
the concrete finishing process. For example, chemical curing or wet blanket or similar method will
be used that maintains moisture while minimizing the discharge.
• Chemicals and waste material will be stored properly to avoid non-stormwater discharge.
• Construction operations will occur near Halligan Reservoir and the North Fork. Therefore, care with
materials and equipment will be observed to ensure that equipment and/or materials do not enter
these waters.
• Demolition of existing structures will occur near Halligan Reservoir and the North Fork. Care with
trash and equipment will be observed to avoid and minimize potential for demolished materials to
enter these waters.
• Because of the remote location and need for concrete processing, a temporary batch plant will be
placed onsite for concrete activities. The plant will be contained to minimize the release of any
pollutants. Perimeter controls will be placed around the batch plant, and raw materials will be
stored in a manner to minimize the release of materials from rain or wind events.
• If a temporary aggregate plant is needed, water used in the processing of aggregates will be stored
in ponds and recycled. Ponds will also capture sediments from stockpiles. Pond levels will be
managed so that they do not result in non-stormwater discharge. Stormwater run-on will be
minimized and diverted around the aggregate processing area.
Page 526
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-26
June 2023
Materials Management and Waste Management
Materials management control practices include implementing procedural and structural BMPs for
handling, storing, and using construction materials to prevent the release of those materials into
stormwater discharges. The amount and type of construction materials to be used at the site and waste
materials generated will be identified as the site development plan progresses.
Waste management includes implementing procedural and structural BMPs for handling, storing, and
ensuring proper disposal of wastes to prevent the release of those wastes into waterways. Materials and
waste management pollution control BMPs will be implemented to minimize stormwater contact with
construction materials and wastes and to prevent materials and wastes from being discharged offsite.
The following BMPs may be implemented to handle materials and control construction site wastes
associated with construction activities:
• Materials will be stored at designated areas and in a manner that prevents the release of pollutants,
such as metals, chemicals, or organic matter.
• Workers on the site will be informed about the materials stored onsite and their various health and
safety properties. Procedures for improving the effectiveness of material use while lowering
inherent environmental risks will be developed and implemented.
• Stockpiles will be located in an area where environmental impacts are minimized. Perimeter
controls will be put in place to prevent the migration of stockpiled materials. Stockpiles will be
stabilized for wind and covered if rainfall is anticipated.
• Plans and/or practices will be developed and implemented specific to the following:
– Spill prevention
– Materials handling
– Solid waste management
– Hazardous waste management
– Contaminated soil management
– Concrete waste management
– Sanitary waste management
– Liquid waste management
– Revegetation plan
CPW will have an opportunity to review and comment on the revegetation plan.
4.2.3.8 Existing Dam for Construction Sediment Control
Leaving the original dam in place during construction to act as a coffer dam provides strong control of
sediment to allow for avoidance of an inadvertent major release of sediment during construction. The
existing dam will continue to function normally during the entire time the replacement dam is being
constructed; therefore, drawdown of the reservoir will not be necessary during construction. Once the
replacement dam is complete, Fort Collins anticipates that a coffer dam will be put in place around the
existing dam during the brief (a few months or less) demolition period. Fort Collins is exploring whether
to fully or partially remove the existing dam. The determination of full versus partial demolition will
consider demolition methods and their potential direct and indirect resource impacts. If full demolition
is not pursued, certain elements of the existing dam may be retained following construction of the
replacement Halligan Dam and would generally be submerged following filling of the enlarged reservoir.
Design of the existing dam elements, if retained, would incorporate features to maintain reservoir
mixing and avoid or minimize potential impacts on water quality, such as notching the existing dam to
Page 527
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-27
June 2023
the reservoir bottom and removing the upper portion of the existing dam. At this time, details on the
extent, methods, and impacts related to dam demolition are not known. Fort Collins will consult with
CPW as needed on the dam demolition.
4.2.3.9 Construction Disturbance Minimization and Reclamation
Fort Collins will reclaim temporarily disturbed areas following construction completion. Materials
stockpile and borrow areas created on Fort Collins’ property may be left in place for long-term
operations and maintenance of the enlarged Halligan Reservoir. Reclaiming disturbed areas to their
current condition will reduce the permanent footprint of the Halligan Project and reduce the potential
for long-term ecological degradation. Revegetation and monitoring is described in Sections 4.2.3.7
and 4.2.3.15.
4.2.3.10 Access Road Minimization and Reclamation
To construct the Halligan Project, and to implement some of the mitigation measures described herein,
construction equipment access to the site features will be required. Access roads are shown in the
detailed Project Area maps presented in Appendix A. To minimize disturbance to local residents, wildlife,
and undisturbed lands, Fort Collins proposes using existing roads whenever possible.
To accommodate larger vehicles and equipment necessary to construct the Halligan Project, existing
roads will require some or all of the following: temporary widening to accommodate two-way truck
traffic in some locations, placement of new culverts at drainage crossings, grade modifications, and road
stabilization. Fort Collins proposes to reclaim access roads to their current condition following
construction completion. Widened roads and turnouts created on Fort Collins property may be left in
place for long-term operations and maintenance of the enlarged Halligan Reservoir; widened roads may
be left in place on private property if requested by the landowner. Using existing roadways and
reclaiming widened roadways to their current condition will reduce the permanent footprint of the
Halligan Project and reduce the potential for long-term ecological degradation.
4.2.3.11 Traffic Impact Minimization
The Halligan Project is in a relatively remote location that is inaccessible to public traffic. Traffic impacts
on residents will be limited to predominant ingress and egress from Highway 287, with less ingress and
egress from Larimer County Road 80C (Cherokee Park Road). To minimize impacts on traffic on
Highway 287, Fort Collins will construct a temporary or permanent turn lane and/or an acceleration
lane. This minimization measure will be designed and implemented in coordination with the Colorado
Department of Transportation and Larimer County.
Given the complexity of construction activities associated with the Halligan Project, large amounts of
staff will be required to access the construction zone throughout Project construction. When
appropriate and feasible, such as during shift changes, Fort Collins will incorporate carpooling of staff to
and from construction areas. Carpooling of staff will reduce traffic on access roads and minimize air
quality impacts, greenhouse gas emissions, potential wildlife and vehicle collisions, and fugitive dust
during construction.
Fort Collins’ efforts to minimize traffic impacts on wildlife as noted here, as well as Sections 4.2.3.1,
4.2.3.7, and 4.2.3.9, will minimize impacts on wildlife by using existing roads, reducing traffic-related
equipment emissions and noise, reducing fugitive dust, reducing the potential for wildlife vehicle
collisions, and reducing displacement and disturbance of habitats adjacent to construction activities and
access roads. Construction of a temporary river crossing on the North Fork below the replacement dam
will minimize traffic along County Road 80C by allowing direct access to the west side of Halligan Dam
during construction (Section 4.2.3.14).
Page 528
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-28
June 2023
4.2.3.12 Construction Impact Minimization that will Benefit Wildlife
Construction of certain elements of the Halligan Project are anticipated to occur throughout all hours of
the day or night during certain construction milestones. However, Fort Collins proposes to minimize
nighttime construction activities that have the potential to generate increased noise levels, such as
blasting, and will proactively respond to noise complaints. Lighting impacts associated with Halligan
Project nighttime construction activities will be minimized in consideration of both local residents and
wildlife. Lighting during construction will be limited to what is necessary for safety and security on the
Project site during construction. Lighting will be angled and shielded to avoid light pollution and impacts
on neighbors and wildlife. Noise will be minimized to the extent practicable during construction; Fort
Collins plans to fit equipment with mufflers and apply construction standard practices for noise
construction (the specific practices will depend on equipment used). Fort Collins’ contractors will comply
with Larimer County ordinances or approved variance requests through the county that may include
noise shielding and reduction of after-hours activities.
4.2.3.13 Construction Timing Restrictions at the North Poudre Canal and Calloway
Diversions
To minimize potential construction-related disturbance to bighorn sheep spring and fall movements,
Fort Collins and CPW have agreed to implement a 1-year construction window for both the North
Poudre Canal and Calloway Diversions. During the 1-year construction window, Fort Collins will perform
work in two phases. During the first phase, work on the access road construction, and staging
equipment and materials at the North Poudre Canal and Calloway Diversions will occur in July and
August. Then during the second phase, both the North Poudre Canal and Calloway Diversions
construction work will commence in November and conclude in March before spring movements by
bighorn sheep through the mapped linkage area (Figures 3-3 and 4-8) between the two diversion
structures. To the extent reasonably possible, all work will be completed within one construction season
beginning in November and ending the following end of March (Figure 4-7). In the unlikely event of an
unforeseen occurrence such as extreme snow, Fort Collins will coordinate with CPW to develop a
revised schedule. In addition, Fort Collins has not yet come to an agreement with landowners to
complete channel improvements and modifications of the Calloway Diversion. Should a delay occur that
affects the proposed timing restriction schedule, Fort Collins will coordinate with CPW and landowners
to discuss an alternative timeline to avoid or minimize impacts to bighorn sheep as discussed in
Sections 4.2.3.17, 4.2.3.19, and 5.1.1.4.
Figure 4-7. Proposed Construction Schedule to Avoid and Minimize Bighorn Sheep Disturbance at
North Poudre Canal and Calloway Diversions
Page 529
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-29
June 2023
4.2.3.14 Limited Use of Western Access Road
Following completion of the temporary construction access crossing of the North Fork below the
Halligan Dam, which is planned in the first year of construction, use of the western access road
(Figure 1-3) intersecting Larimer County Road 80C (Cherokee Park Road) will be reduced to only
occasional or as-needed access from April to July in the second and subsequent years of construction to
reduce construction vehicle disturbance to wildlife in the area. Occasional use of the access road may be
required for construction access and material deliveries during certain construction milestones.
4.2.3.15 Noxious and Invasive Weed Control and Revegetation
Fort Collins will develop a noxious and invasive weed management plan for construction activities, in
coordination with the Larimer County Weed District. No domestic sheep or goats will be used for weed
control on City owned property or easements Fort Collins grants to others in the vicinity of Halligan
Reservoir. Noxious weed BMPs, including chemical, cultural, and mechanical measures, will be
implemented during all construction phases for all Halligan Project disturbance areas, including access
roads and buffers. Equipment will be cleaned so that it is free of accumulated soils that may carry
noxious and invasive weed seeds to the Halligan Project Area. Restoration and revegetation will be
completed for all temporarily disturbed areas using native plants. These disturbance areas will be
monitored after construction to ensure successful re-establishment of vegetation in accordance with
Construction General Permit requirement to stabilize all disturbed soil areas (Section 4.2.3.9) before
completion of the Halligan Project. Specific revegetation/restoration details will be identified following
final design.
4.2.3.16 Aquatic Nuisance Species
Fort Collins will take a proactive approach to preventing the introduction of aquatic nuisance species
into Halligan Reservoir, the North Fork, and the Main Stem. Non-native species and invasive species
pose a threat to ecosystems, and Fort Collins will minimize the risk of spreading aquatic nuisance species
through implementation of BMPs to prevent the potential spread of these species in Halligan Reservoir
and in the rivers. Fort Collins will implement specific procedures to ensure that all equipment is cleaned
of mud and debris (for example, tracks, turrets, buckets, drags, teeth), and inspected to confirm they are
free of aquatic nuisance species. Specific decontamination measures for equipment or materials that
were used in any stream, river, lake, pond, or wetland within 14 days of the start of the Project to
prevent the spread of New Zealand mudsnails (Potamopyrgus antipodarum), zebra mussels (Dreissena
polymorpha), quagga mussels (Dreissena bugensis), invasive plant species, and other aquatic nuisance
species will follow the most current guidance from CPW and are expected to include one or more of the
following methods: (1) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, and
teeth) and spray/soak in a 1:15 solution of Quat 4 or Super HDQ Neutral institutional cleaners and
water. Keep equipment moist with the solution for at least 10 minutes, or (2) remove all mud and debris
from equipment (tracks, turrets, buckets, drags, and teeth) and continuously spray/soak equipment with
water that is hotter than 140 degrees Fahrenheit for at least 10 minutes. Hand tools, boots, and any
other equipment that will be used in the water will be cleaned, as well.
4.2.3.17 Bighorn Sheep Habitat and Collaring Measures
Fort Collins developed bighorn sheep mitigation measures in consultation with CPW to mitigate
potential direct and indirect effects of the Halligan Project within the Lone Pine herd range. The goals of
Fort Collins’ bighorn sheep mitigation package include the following:
• Avoid potential impacts by improving bighorn sheep habitat opportunities and water access in areas
away from Project construction, as described in this section
Page 530
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-30
June 2023
• Monitor movements of the Lone Pine herd before, during, and after construction to fill a data gap
around herd habits and to support implementation of other bighorn sheep mitigation measures
through a collaring study, as described in this section
• Avoid and minimize construction-related direct and indirect impacts through a set of BMPs
(Section 4.2.3.7) and construction timing restrictions (Section 4.2.3.13)
• If, despite the forgoing measures, the Project results in one or more mortalities of a bighorn sheep
in the Lone Pine herd, financially compensate CPW for that unavoidable resource loss (Section 4.3.3)
As discussed in Section 3.8.4.1, comingling with domestic sheep and goats is the largest anticipated
threat to bighorn sheep. Fort Collins has explored numerous options to either permanently or
temporarily remove domestic sheep and goat grazing from the area around Halligan Reservoir. To date,
Fort Collins’ attempts have been unsuccessful, as discussed with CPW in multiple meetings in 2021
and 2022. Fort Collins is willing to continue exploring opportunities toward that goal of removing
domestic sheep from around Halligan Reservoir; however, a specific implementable mitigation measure
has not been identified.
4.2.3.18 Bighorn Sheep Habitat Improvements
To improve bighorn sheep habitat opportunities and water access on the Cherokee SWA, Fort Collins will
provide CPW with $250,000 for chemical treatment to abate invasive cheatgrass over at least 500 acres,
along with installation of two remote passive water sources. Fort Collins intends to provide to CPW
enough funding to complete a minimum of one round of cheatgrass treatment over 500 acres and other
habitat improvements that may include the installation of up to two water features at least 2 years
before the start of Project construction in an effort to entice bighorn sheep away from construction
areas and areas at times used for the grazing of domestic sheep. Any remaining monies up to the
$250,000 earmarked for vegetation and habitat restoration could be used by CPW for habitat treatment
on additional acreages within the Cherokee SWA.
CPW has identified several areas within the Cherokee SWA that would provide the largest benefit to
bighorn sheep habitat and foraging through cheatgrass mitigation. Trail cameras will be deployed during
and after treatment to identify how well the treatment worked. The habitat treatment targets
cheatgrass seed germination, allowing for higher quality native forage to grow, which, in turn, may keep
the Lone Pine herd within the boundaries of Cherokee SWA longer and away from domestic sheep
during the April to July grazing period. The treatment should not alter normal migration routes, habitat
range use, or lambing areas. The objective is to begin the cheatgrass mitigation treatments on a
minimum of 500 acres commencing at least 2 years before the start of the Halligan Project and continue
as needed through construction and up to 2 years postconstruction.
CPW will consider installing one or two water features in high-use bighorn sheep areas within or near
the area(s) treated to control cheatgrass. If additional water features are appropriate for the area, Fort
Collins anticipates that CPW will install either two water guzzlers for precipitation capture or one water
guzzler and one stock-tank type structure that uses water from a spring that CPW holds rights to
develop. CPW will also consider location and design elements that would exclude domestic ruminants
from using the water sources, such as wildlife friendly fencing, to minimize the potential for pathogen
transmission. These features will passively (that is, external power source not needed) provide water
sources away from Halligan Project disturbances and are expected to provide benefit before, during,
and after construction. The water features will be used to enhance bighorn sheep habitat in areas that
may be underused due to lack of water resources and within a reasonable distance of the priority
habitat restoration area noted previously.
Page 531
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-31
June 2023
4.2.3.19 Bighorn Sheep Collaring Study
Fort Collins will provide CPW additional funding of up to $120,000 to support global positioning system
(GPS) collaring and disease testing of bighorn sheep from the Lone Pine herd to track their movements
before, during, and immediately after Halligan Project construction. GPS collaring study results will
support evaluation of whether construction may influence herd habits, in particular with respect to
interactions with domestic sheep and/or other bighorn herds. CPW will implement the collaring study
and disease testing. Disease testing will occur in conjunction with every collar application throughout
the collaring study. GPS collar monitoring studies are needed to assess disease risk and habitat
restoration needs for the Lone Pine herd by gathering data on herd landscape use (habitat, spatial, and
temporal), recruitment, and overall health. Depending upon the Lone Pine herd size, up to a maximum
of 15 GPS collars and disease testing may be deployed. The preconstruction portion of the GPS collaring
study will begin no less than 2 years before the anticipated start of the Halligan Project construction.
GPS collars are expected to have a 2-year life and collect data approximately every 4 hours.
Preconstruction collaring data will be considered viable for 5 years. Should construction be pushed
beyond that initial 5-year window, a second GPS collar study would start 1 year from the start of
construction. The intent of the second preconstruction GPS collar study is to have accurate and recent
data on the Lone Pine herd’s movements before construction. The Lone Pine herd will be fitted with GPS
collars during all of the construction with collars having an anticipated 2-year battery life. The final
phase will be a 2-year postconstruction GPS collaring event to evaluate postconstruction movement and
habitat use. CPW may euthanize bighorn sheep to prevent disease spread in the Lone Pine herd and/or
adjacent herds. As discussed in Section 4.3.3, Compensatory Mitigation for Halligan Project Impacts on
Bighorn Sheep, Fort Collins will provide a monetary compensation for any bighorn sheep culls from the
Lone Pine herd.
4.2.4 Overhead Power Line and Pole Relocation
The Halligan Project will require the relocation of approximately 27 overhead power poles and lines
from the southwest end of the existing reservoir to the new dam since the old power poles would be
inundated during the Halligan enlargement. The existing poles and line are too old to be reused safely.
The new poles and line will be constructed and energized prior to removal of old poles and line.
Installation and removal of overhead power line and poles will result in temporary disturbance of
vegetation due to vehicles driving off-road. At this time, a formal access road is not being proposed for
installation or removal of the overhead power lines and poles. Some vegetation will be permanently
removed for placement of the new poles. Fort Collins will work with Poudre Valley Rural Electric
Authority to perform raptor and migratory nesting bird surveys (Section 4.2.3.4, Migratory Bird and
Raptor Surveys) prior to construction. In addition, construction BMPs (Section 4.2.3.7, Best Management
Practices) including sediment control and aquatic nuisance species measures (Section 4.2.3.16, Aquatic
Nuisance Species), and construction disturbance minimization and reclamation measures
(Section 4.2.3.9, Construction Disturbance Minimization and Reclamation) will be implemented.
Installation and removal of the overhead power lines and poles will be prohibited between December 1
and April 30. The overhead power lines and poles will follow design guidelines similar to those used by
the Avian Power Line Interaction Committee, and will have bird diverters.
4.2.5 Halligan Reservoir Sediment Management Plan
A sediment management plan will be developed for Halligan Reservoir that will provide guidelines for
postconstruction reservoir operations (including low water level operations) to avoid adverse sediment
release events. Operating the reservoir, particularly at low water levels, in accordance with a plan
developed by sediment experts is intended to avoid adverse sediment release events like the one in
Page 532
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-32
June 2023
1996 (described in Section C3.4). CPW will be given an opportunity to comment on the draft sediment
management plan.
4.3 Compensatory Mitigation Measures
The goal of mitigation is to avoid and minimize adverse impacts of a project, and then compensate for
any unavoidable impacts that remain. Fort Collins proposes a robust set of measures described in
Section 4.2 that will not only avoid and minimize adverse effects from the Halligan Project but also will
result in a net improvement of the aquatic ecosystem in the North Fork. However, because of the nature
and scope of the Halligan Project, some unavoidable impacts are expected and will be offset through
compensatory mitigation.
Fort Collins, in consultation with CPW, CDPHE’s WQCD, cooperating agencies, and other stakeholders,
has developed the compensatory mitigation measures described herein to compensate for impacts from
the Halligan Project that cannot be avoided or minimized. This section presents compensatory
mitigation measures specific to fish and wildlife resources, organized by general resource category. The
natural resource mitigation measures are highly interrelated and typically serve to mitigate impacts on
several ecological functions through one measure. Some of these connections (or overlaps) of mitigated
functions are explained with each measure. The table in Appendix B summarizes each avoidance,
minimization, and compensatory mitigation measure.
Throughout Project planning and mitigation proposal development, Fort Collins’ focus for compensation
has been to mitigate as close to the location of Halligan Project impact as practicable. Compensatory
mitigation for fish and wildlife will occur near the Halligan Project Area or in the North Fork watershed.
4.3.1 Preservation as Early Compensatory Mitigation Measure
In 2003 to 2004, as an act of early mitigation in anticipation of the Halligan Project, Fort Collins led the
purchase and preservation of a permanent conservation easement of a 4,557-acre property known as
Roberts Ranch, which comprises several disconnected parcels (Figure 4-8) in the Livermore Valley. The
preservation of the Roberts Ranch property was the first step in Fort Collins’ compensatory mitigation
approach for the Halligan Project. According to the CPW species activity mapping data (CPW 2020b), all
parcels are within the overall ranges of several of the state-listed species and other Tier 1 and Tier 2
species. Specifically the conservation area provides potential habitat for bald eagle, black-tailed prairie
dog, Townsend’s big-eared bat, common garter snake, and northern leopard frog, all of which are state-
listed species. Fort Collins acquired an undivided 60 percent interest in the conservation easement by
funding 60 percent (or $1.8 million) of the $3 million cost in partnership with Larimer County, Great
Outdoors Colorado, TNC, and the Roberts family. The easement covers 4,557 acres of high-quality
wildlife habitat and rangelands near Halligan Reservoir and is also adjacent to 14,000 acres of other
state and locally protected lands (Figure 4-8). This early conservation effort provides the following
benefits:
• Direct and indirect ecological benefit to wildlife resources affected by the Halligan Project, including
long-term preservation of suitable habitat for big game ungulates, as well as the federally and state
threatened Preble’s meadow jumping mouse and the federally threatened Ute ladies’-tresses orchid
• Land preservation and conservation in perpetuity of habitat for wildlife and rare and native plants,
and conservation of the diverse forest, shrubland, meadow, and riparian vegetative communities
• Approximately 2 decades of land preservation before disturbance from the Halligan Project
construction activities
Page 533
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-33
June 2023
• Preservation of areas within the linkage area for the Lone Pine bighorn sheep herd where individual
rams have been observed annually by local residents from approximately March to October on
parcels of Roberts Ranch east of Highway 287 (Thode, pers. comm. 2021), and limitations on grazing
such that species other than cattle or horses cannot be grazed on the property unless approved by
TNC in areas where use of cattle or horses is impractical
• Conservation of more than 8.8 miles of perennial streams
• Direct connectivity to 14,000 acres of adjacent state and locally protected lands
In addition to these benefits, this early mitigation effort removed 4,557 acres of property from future
development, which equates to approximately 120 to 250 residential units based on Larimer County
Rural Open Development standards (Larimer County 2021), and eliminated the potential to increase
agricultural development within the area. To preserve this land at today’s market rates, the cost to
Fort Collins will be approximately $2.6 million. By protecting the Roberts Ranch property in 2004, Fort
Collins commenced mitigation efforts early, which has already preserved a threatened ecosystem and
the ecological functions it provides for almost 2 decades.
Page 534
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-34
June 2023
Figure 4-8. Land Ownership and Mitigation Areas around Halligan Reservoir
Page 535
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-35
June 2023
4.3.2 Fish Passage at the Fort Collins Intake at Gateway Park
Fort Collins will construct fish passage around the
Fort Collins Intake diversion structure at Gateway
Park (Figure 4-9) to increase connectivity for trout
and other large-bodied fish species on the Main Stem
and to compensate for impacts on Main Stem
fisheries associated with flow changes as a result of
the Halligan Project. The fish passage will be
designed, in consultation with CPW, and to CPW’s
Research and Design Guidelines, Fish Passage and
River Structures (CPW n.d.) to provide reliable
upstream fish passage and will help to provide
additional connectivity upstream of the Fort Collins
Intake, and Fort Collins will consult with CPW on the
design of the structure. The majority of diversions
related to the Halligan Project will take place at the
Fort Collins’ Intake at Gateway Park on the Main
Stem. This diversion structure is located
approximately 0.5 mile upstream of the confluence
with the North Fork. The diversion structure currently
acts as a barrier to fish movement, preventing the
migration of fish past the structure. With this action,
Fort Collins will compensate for reduction of flows on
the Main Stem in the Exchange Reach between the
Fort Collins Intake(s) and the North Fork confluence.
Construction of this project will be completed prior to
Fort Collins beginning Halligan operations that involve exchanges on the Main Stem or on an alternate
timeline that is agreed upon between CPW and Fort Collins.
4.3.3 Compensatory Mitigation for Halligan Project Impacts on Bighorn Sheep
Fort Collins will avoid and minimize potential Project effects on bighorn sheep through the habitat
improvements and movement tracking collaring study described in Sections 4.2.3.17, 4.2.3.18, 4.2.3.19
and through construction timing restrictions described in Section 4.2.3.13. Additional construction-
related measures to avoid and minimize impacts on terrestrial wildlife, including bighorn sheep, are
described in Section 4.2.3.7. If, despite these efforts, construction of the Halligan Project causes
mortality directly, through euthanasia or otherwise, to bighorn sheep in the Lone Pine herd, Fort Collins
will offset this unavoidable impact through monetary compensation to CPW.
Fort Collins will provide monetary compensation of $7,300 per sheep to CPW for any Lone Pine herd
bighorn sheep that experience mortality during Project construction and 2 years postconstruction.
Although not all mortality experience during the construction period is anticipated to be caused by the
Project, as a conservative approach Fort Collins is willing to assume that mortalities during the
construction period and 2 years postconstruction will be compensated. Additionally, if Lone Pine herd
mortalities are observed in the 2 years following the end of construction, Fort Collins will compensate
CPW $7,300 per sheep.
CPW has concerns that the Halligan Project construction may cause Lone Pine herd sheep to change
movement patterns such that they act as a vector for disease transmission from domestic sheep to the
Figure 4-9. Fort Collins Intake at Gateway
Park
Source: City of Fort Collins
Page 536
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-36
June 2023
Lower Poudre herd. Fort Collins will work with CPW to develop an adaptive management approach to
monitoring bighorn sheep movements to assess disease transmission, and will compensate CPW for
Lower Poudre herd bighorn sheep that were exposed to respiratory disease because of the Halligan
Project during and 2 years after construction.
4.3.4 Compensatory Mitigation for Halligan Project Impacts on Stream
Temperature
Fort Collins will commit $200,000 of funding for stream restoration efforts along the Main Stem, or
North Fork, within or near the Halligan Project Area, including the North Fork above Halligan Reservoir
to compensate for potential Project-related temperature increases. Note that this commitment is
separate from the $200,000 enhancement commitment for the North Fork described in Section 5.1.1.6;
however, these funding commitments may be combined or used independently. The restoration will be
focused on either enhancing aquatic life habitat or funding a fish passage project, or both. This money is
committed as a compensatory mitigation for unavoidable temperature impacts on the Main Stem. If the
money is used toward fish passage at the Munroe Diversion, this would allow for more natural fish
behavior and the opportunity to seek spawning habitat upstream of the diversion. Combined with the
Gateway Park Diversion fish passage, this would link more than 20 miles of upstream fish habitat year-
round. Funding of a future stream restoration project is another example of adherence to Fort Collins’
guiding principles of mitigation (refer to Section 5.1.1.6), focusing on the improvement of degraded
resources, focusing on improving whole systems and benefiting multiple (aquatic) resources, and
working in partnership with those who have common goals. Fort Collins and CPW will have final
approval authority on any use of funds and will be used for the public benefit.
4.3.5 Compensatory Mitigation for Halligan Project Impacts on Wetlands
Compensatory mitigation and monitoring for wetlands will be described in a separate mitigation plan
yet to be developed for approval by the Corps. Wetland mitigation for Halligan Project impacts may
include restoration, mitigation banking, or other measures that benefit fish and wildlife. Wetland
mitigation measures are not detailed in this FWMEP or the accompanying appendix table.
4.3.6 Special-status Species
Potential impacts of the Halligan Project on special-status species, including federally and state-listed
species, are described in Section 3.8. Fort Collins seeks to avoid and minimize any adverse impacts on
any special-status species. Halligan Project mitigation measures, such as the preservation of Roberts
Ranch (Section 4.3.1), and the numerous avoidance and minimization measures (Section 4.2) will
adequately mitigate potential Halligan Project effects on state-listed species; therefore, no additional
species-specific compensatory mitigation measures have been proposed.
4.3.6.1 Preble’s Meadow Jumping Mouse
Mitigation and monitoring of Halligan Project impacts on Preble’s are being developed in consultation
with USFWS and are described in the Halligan Water Supply Project Preble’s Meadow Jumping
Mouse Mitigation Plan (Jacobs 2022).
4.3.6.2 Ute Ladies’-tresses Orchid
Because the Ute ladies’-tresses orchid is not anticipated to occur within the Halligan Project Area (refer
to Section 3.8.3.2), Fort Collins does not propose compensatory mitigation. Avoidance and minimization
measures described in Section 4.2 will be implemented, including preconstruction botanical surveys
(Section 4.2.3.2). Furthermore, indirect benefits to potential habitat are anticipated with the
Page 537
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-37
June 2023
implementation of wetland and riparian mitigation and enhancements associated with the Halligan
Project.
4.3.6.3 Platte River Species
Fort Collins participates in the SPWRAP, which outlines a programmatic approach for USFWS Section 7
consultation that is described in the Platte River Recovery Implementation Program. Currently,
mitigation is not expected to be needed for South Platte River depletions. If additional mitigation
measures are identified during this programmatic approach or based on USFWS consultation, they will
be incorporated into the mitigation strategy for the Halligan Project.
4.3.6.4 State-listed Species
Fort Collins seeks to avoid and minimize any adverse impacts on any state species of concern, which
were described in Section 4.2.3. Effects on state-listed and other species of concern from Fort Collins’
Proposed Action may include temporary displacement because of noise disturbance from construction
activities, transportation of people and materials, and increased human activity in the area of Halligan
Reservoir. In addition, vehicle and equipment emissions and fugitive dust may also displace state-listed
or species of concern. This displacement and disturbance of state-listed or species of concern may result
in additional stress on individuals which could lead to mortality of individuals. Some species, such as
those dependent on riparian communities, will likely experience a beneficial effect from the Halligan
Project as a result of the flow-related operational measures that will be implemented downstream of
the enlarged Halligan Reservoir.
The Halligan Project will use numerous avoidance and minimization measures described in Section 4.2,
including preconstruction bat surveys (Section 4.2.3.3) and migratory bird and raptor surveys
(Section 0). If preconstruction avian and bat surveys determine that the Project will likely adversely
affect a state-listed species avian and or bat, then Fort Collins will consult with CPW on timing,
temporary habitat modification, and other measures that may help to further avoid or minimize site-
and species-specific adverse effects. Avoidance and minimization measures, as well as the preservation
of Roberts Ranch will adequately mitigate potential Halligan Project effects on state-listed avian and bat
species and their habitats. As described in Section 4.3.1. the conservation easement on the Roberts
Ranch encompasses 4,557 acres over 10 discrete parcels (Figure 1-1). According to the CPW species
activity mapping data (CPW 2020b). In addition all 10 parcels provide vegetative communities that
support the life cycle of one or more state species including: wetlands, stream, riparian zones, rock
outcroppings, and short grass prairie communities Therefore, no additional species- habitat specific
compensatory mitigation measures other than those mentioned in the FWMEP have been proposed.
4.3.7 Recreational Resources
Anticipated Halligan Project impacts on recreational resources are described in Section 3.9.2. Because
the surface of Halligan Reservoir is not open to the public for recreational use, the Halligan Project will
not change the public’s ability to recreate on the reservoir. The LAPCR’s private access to the Halligan
Reservoir (refer to Section 3.9.1) will be minimally affected during construction and will be limited to
specific times when the reservoir level will be drawn down near the end of construction for partial or
total demolition of the existing dam.
The enlarged Halligan Reservoir will inundate approximately a 0.75-mile reach of the North Fork
upstream of the existing Halligan Reservoir, resulting in the loss of approximately 20 acres of potential
hunting lands and river fishing along a 0.4-mile stretch of this reach, as described in Section 3.9.2. Fort
Collins is proposing the following mitigation related to recreation.
Page 538
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-38
June 2023
4.3.7.1 Reconciliation of Title Chain Confusion
As discussed in Section 3.9, in recent years, Fort Collins discovered that approximately 39 acres of land
in the eastern half of Section 29 and in the northeastern quarter of Section 32 that were thought to be
owned by CPW are owned by Fort Collins and a private party (Figure 3-4). Upper portions of the
enlarged Halligan Reservoir will be located on portions of these lands. For the most part, these lands are
surrounded by the Cherokee SWA–Middle Unit and according to CPW, these lands have been accessed
by the public for over 50 years19. Fort Collins intends to acquire these privately owned lands for the
enlarged Halligan Reservoir.
After acquiring these privately owned lands, Fort Collins will seek an agreement with CPW to convey an
easement to CPW across the Fort Collins-owned lands, approximately 39 acres (as described previously),
for public use, including river and shoreline access, provided that the surface of the enlarged reservoir
will not be opened to public access at this time. Any such agreement and conveyance will be subject to
applicable laws, including statutes applicable to CPW, and the Fort Collins Municipal Code Chapter 23
(Public Property), Article IV (Disposition of Property), Division 2 (Real Property).
As discussed in Section 3.9.3, Evaluation of Future Public Use of the Enlarged Halligan Reservoir, if,
separate from the current processes to enlarge Halligan Reservoir, the reservoir is opened to public
recreation at a point in the future, any recreation plan proposed by Fort Collins that will affect the
Cherokee SWA will be developed in conjunction with CPW and will consider impacts on fish and wildlife
habitat, including impacts on any access through the Cherokee SWA. The recreation plan will also
compensate for the resource needs for CPW to stock and manage Halligan Reservoir for public angling
access, if CPW determines it will maintain a public fishery.
4.3.7.2 Funding of Public Access Lease with Roberts Ranch
Fort Collins will contribute funding to CPW to support a lease of the Krause Field parcel of Roberts
Ranch. The Krause Field parcel is located north of Halligan Reservoir and the Cherokee SWA, as shown
on Figure 4-8. The Krause Field parcel was conserved as a part of the Roberts Ranch conservation
easement secured by Fort Collins and partners in 2003 and 2004 (refer to Section 4.3.1). CPW has been
pursuing a lease allowing primitive foot access for hunting and fishing on the Krause Field parcel. Fort
Collins understands that this lease will provide public access to over 2,200 acres of hunting and
approximately 1 mile of river access and fishing, which includes the North Fork and potentially stretches
of its tributaries, Dale Creek and Bull Creek.
Fort Collins agrees to a one-time reimbursement in the amount of $135,000 for CPW to pursue a long-
term lease (in process) of the Krause Field parcel.
4.3.7.3 Parking Area Establishment of State Wildlife Area
A primitive parking area used to provide public access to the adjacent SWA is located on Fort Collins’
property in the northeast quarter of Section 32. The parking area falls within an area previously thought
to be owned by CPW. This parking area will be inundated by the enlarged Halligan Reservoir. Fort Collins
will provide CPW with $30,000 to create a new parking area in kind on CPW land outside of the
inundation area, to provide comparable access to this general location (Figure 3-4). The new parking
area will be primitive and similar in form to the existing parking area.
19 Fort Collins is evaluating if and the extent to which the public has accessed this part of the inundation area and makes no representations on this issue.
Page 539
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 4-39
June 2023
4.3.8 Instream Water Rights
The enlarged Halligan Reservoir will inundate approximately 0.75 mile of the North Fork upstream of the
current reservoir where the CWCB holds an instream flow water right, as described in Section 3.3.2.2.
Because of the additional stream flow that will be provided downstream, Fort Collins’ commitment to
protect those associated releases from Halligan Reservoir for approximately 22 miles downstream using
the Protected Mitigation Release statute (CRS Section 37-92-102[8]), and the aquatic resource
enhancements described in Section 5, no additional compensatory mitigation is proposed for impacts on
the CWCB’s instream flow water rights as part of this FWMEP.
4.4 Mitigation Costs and Schedule
Estimated costs and schedule for the mitigation components of this FWMEP follow in Appendix B.
This FWMEP includes a comprehensive description of all of Fort Collins’ planned mitigation and
enhancement measures for the Halligan Project that are related to fish and wildlife. Appendix B presents
Fort Collins’ total estimated mitigation and enhancement costs for all measures and denotes those that
CPW staff believe are attributable to the Commission’s recommendations pursuant to CRS
Section 37-60-122.2 via separate cost columns.
Appendix B includes notes describing the mitigation commitments in the table being at a summary level
and the text of this report shall take precedent over any discrepancies between the table and the
FWMEP text. Also, capitalized costs in the table are the sum of the capital cost plus any annual
operations and maintenance costs capitalized over the life of the commitment, or 50 years for those
commitments that are perpetual. In addition, some of the costs in the table are firm not-to-exceed
monetary commitments and the amounts are presented in 2022 dollars and will be increased in the
amount of the U.S. Bureau of Labor Statistics Consumer Price Index for Denver-Aurora-Lakewood from
January 1, 2023 to the date of final payment under the FWMEP obligation.
Page 540
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-1
June 2023
5 Proposed Fish and Wildlife Enhancement Plan
This chapter constitutes the proposed enhancement plan for fish and wildlife resources in the general
Halligan Project area. Enhancement measures were developed based on comments received on the
DEIS, discussions with CPW staff, and discussions with other Halligan Project stakeholders. The
enhancements described in this chapter will improve both existing and future anticipated conditions of
the aquatic and terrestrial environment without regard to causation. These measures integrate with
Fort Collins’ vision and overarching goals for the Halligan Project and demonstrate Fort Collins’ ongoing
commitment to improve existing conditions in the Poudre River watershed. Chapter 4 of this FWMEP
describes the approach used to identify and develop mitigation and enhancement measures.
This enhancement plan updates, builds upon, and/or replaces some of the measures presented in the
draft CMP (City of Fort Collins 2019c) released with the DEIS (Corps 2019). The measures described in
this enhancement plan have been updated since the development of the CMP. Some enhancement
measures are similar to or directly replace measures described in the CMP. New enhancement measures
have also been developed and described herein that were not presented in the draft CMP. All measures
included in this FWMEP are summarized in the table contained in Appendix B.
5.1 Enhancement Measures
Fort Collins is committed to incorporating the voluntary enhancements described in the following
sections into the Halligan Project. These enhancement measures are not required to meet regulatory
mitigation requirements, and are above and beyond the measures presented in Chapter 4 that Fort
Collins will undertake to avoid, minimize, or compensate for impacts resulting from the Halligan Project.
5.1.1 Aquatic Resources Enhancements
5.1.1.1 Temporary Environmental Pool
Between the time that Halligan Reservoir is enlarged and the time when Fort Collins grows into its
future demand levels associated with the Halligan Project, Fort Collins will dedicate an annually variable
storage volume in the enlarged Halligan Reservoir to release for environmental benefits downstream.
This annually variable volume of water dedicated for environmental benefits is referred to as the
temporary environmental pool (TEP).
The purpose of the TEP is to enhance the environmental benefit, or functional lift, of the flow-related
operational measures described in Section 4.2.1. The primary objective of the TEP is to positively affect
stream health in the North Fork from the replacement Halligan Dam to Seaman Reservoir. In general,
the TEP will be used to benefit whole stream health, with the ability to focus on specific river functions,
or single-species management in select years. Use of the TEP will be informed by first principles of river
ecology.
Operation of the Temporary Environmental Pool
Fort Collins will determine the volume of water available for the TEP each year. Volumes in the range of
500 to 1,000 acre-feet are expected to be available; however, the actual volume available could increase
or decrease after information is gained from the first several years of operation of the enlarged Halligan
Reservoir. The annual volume of water available is expected to be reduced or eliminated over time, as
water demand for Fort Collins’ water customers increases. The TEP is currently anticipated to be
operated through 2065, although it could occur sooner or later than that depending on when Fort
Collins grows into its future demand levels associated with the Halligan Project.
Page 541
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-2
June 2023
Fort Collins will determine the volume of water available to be dedicated on an annual basis based on
water demand and water supply outlook. The volume and targeted window for releases will be
determined before July 1 each year. The window for releases will typically be from July 1 to the
following April 30. The ramping rate limitations described previously will apply to such releases. The
releases will be operated and used pursuant to Fort Collins’ water rights decrees.
Releases from the TEP will be made from the enlarged Halligan Reservoir and conveyed down the North
Fork. The TEP releases will be made only if Fort Collins can place them to decreed beneficial uses for the
releases under Fort Collins’ water rights. Fort Collins will determine the water right(s) to which the TEP
releases are attributed. This may include uses further downstream on the Poudre River (for example, to
Rigden Reservoir) that could potentially provide secondary benefits to the river. Fort Collins will not
redivert the TEP releases until after they have reached the confluence with the Main Stem.
Decisions regarding the volume of water allocated each year will be made by Fort Collins. The primary
stakeholders for the TEP will be Fort Collins and CPW; however, a small group of technical advisers,
resource experts, and/or other stakeholders may be developed to guide decisions related to the best
use of the TEP. The best use of this water will be determined based on decreed beneficial uses of the
water rights and current conditions at that point in time and the greatest ecological concerns or issues,
with one of the priorities being management of small-bodied native fish species downstream of Halligan
Reservoir. Operational targets for use of the TEP could be set for several years at a time to address
multiple ecological priorities. If CPW or another entity identifies additional water rights for storage in
the enlarged Halligan Reservoir and allocated to the TEP, Fort Collins will consider specific proposals in
good faith, after all required permits have been issued for the Halligan Project.
Protection of the Temporary Environmental Pool Releases
NPIC cannot divert the TEP releases into the North Poudre Canal pursuant to an existing agreement with
Fort Collins. Additionally, Fort Collins will attempt to protect the TEP releases from Halligan Reservoir to
Seaman Reservoir using the Protected Mitigation Release statute (CRS Section 37-92-102[8]) in the same
manner as described here for the Winter Releases Plan (Section 4.2.1.1). Fort Collins will undertake a
good faith effort to protect the TEP releases under the Protected Mitigation Release statute. However,
success is not guaranteed because it will depend on factors outside of Fort Collins’ control.
Curtailment of the Temporary Environmental Pool
Fort Collins may need to curtail or stop TEP releases in the event of maintenance, drought, or
emergency situations. Fort Collins may also modify the release schedule if another water resource need
develops within the Fort Collins’ water system. As such, the storage volume of the TEP may vary
significantly each year, and it will not be operated during water supply shortages (refer to
Section 4.2.1.7). Again, the annual volume of water available is expected to be reduced or eliminated
over time, as water demand for Fort Collins’ water customers increases.
Fort Collins may need to curtail or stop TEP releases in the event of maintenance, drought, or
emergency situations. Fort Collins may also modify the release schedule if another water resource need
develops within the Fort Collins’ water system. As such, the storage volume of the TEP may vary
significantly each year, and it will not be operated during water supply shortages (refer to
Section 4.2.1.7). Again, the annual volume of water available is expected to be reduced or eliminated
over time, as water demand for Fort Collins’ water customers increases.
Page 542
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-3
June 2023
5.1.1.2 Joint Operations
Fort Collins will continue to entertain opportunities for operational synergies with other managed water
deliveries in the Poudre River watershed in order to potentially provide targeted benefits to the
watershed. For example, Fort Collins might consider a temporary (that is, 1 year) water trade with an
irrigation company or another municipal water provider that temporarily increases releases from the
Halligan enlargement in exchange for other water sources that can be used by Fort Collins. Joint
operations will not compromise the commitments in the FWMEP. Fort Collins may consider engaging
CPW in these discussions when appropriate.
5.1.1.3 Fish Passage at the Reconstructed North Poudre Canal Diversion
The North Poudre Canal Diversion (Figure 5-1) is
located in Phantom Canyon, approximately 6 river
miles downstream of Halligan Reservoir on the
North Fork. The structure currently acts as a
barrier to upstream fish passage, preventing the
migration of fish past the structure. As part of the
Halligan Project, Fort Collins will reconstruct the
North Poudre Canal Diversion so that Fort Collins’
releases (refer to Section 4.2.1) can be bypassed
by that structure and remain in the North Fork. To
provide increased connectivity for small-bodied
native species and trout in the North Fork, Fort
Collins will incorporate fish passage into or around
the reconstructed North Poudre Canal Diversion, in
the form of a fish ladder, bypass channel, or other
infrastructure. Fish passage will be designed, in
consultation with CPW, and to CPW’s Research
and Design Guidelines, Fish Passage and River Structures (CPW n.d.) to provide reliable fish passage at
the North Poudre Canal Diversion and connect an extensive reach of the North Fork. Fish passage
construction will happen concurrently with reconstruction of the North Poudre Canal Diversion, in
accordance with the timeline listed in Figure 4-7, will be completed by the time Fort Collins begins
storing water in the enlarge Halligan Reservoir or an alternate timeline that is agreed upon between
CPW and Fort Collins.
5.1.1.4 Channel Improvements and Modification of the Calloway Diversion
The Calloway Diversion (Figure 5-2) is located on the North Fork at the mouth of Phantom Canyon,
approximately 7.5 river miles downstream of Halligan Reservoir. The diversion is no longer used.
Although water passes the structure, it acts as a barrier to fish passage, preventing the migration of fish
past the structure. As an additional measure to further enhance the fisheries of small-bodied native fish
on the North Fork, Fort Collins will seek to
Figure 5-1. North Poudre Canal Diversion
Structure
Source: Jacobs
Page 543
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-4
June 2023
modify and/or partially remove the diversion
structure in collaboration and agreement with the
landowners, CPW, and other stakeholders.
Proposed plans should follow CPW’s Research and
Design Guidelines, Fish Passage and River
Structures (CPW n.d.).
The current concept that Fort Collins has
developed for the area around the Calloway
Diversion, in collaboration with landowners, CPW,
and other stakeholders, includes removal of the
center portion of the structure, while leaving the
sidewalls of the structure in place. This
modification will allow for full river connectivity
while maintaining a portion of the historical
structure. Over time, this portion of the channel
will heal and be re-established to a more natural
condition while enhancing river connectivity for aquatic organisms, including macroinvertebrates, small-
bodied native fish, and trout. This action is also considered a voluntary enhancement measure for North
Fork temperature. The action will remove an existing large, sediment-trapping pool that increases
residence time and warming at low flow rates. Removal of the center portion of the existing diversion
will also remove the barrier to fish passage, allowing more natural fish behavior, including the potential
to seek thermal refuge upstream. Further, the channel improvements will result in a more natural
thalweg, including pools that can serve as areas of thermal refuge in times of low flow and adult holding
and overwinter habitat. Fort Collins will pursue an agreement in good faith with the landowners and
other stakeholders to complete this Project. This project will be constructed in accordance with the
timeline listed in Figure 4-7 and will be completed by the time Fort Collins begins storing water in the
Halligan Reservoir Expansion or an alternate timeline that is agreed upon between CPW and Fort Collins.
If Fort Collins is unable to come to an agreement with the landowners to complete channel
improvements and modifications of the Calloway Diversion within the timeline that aligns with the
reconstruction of the North Poudre Canal Diversion discussed in Section 5.1.1.3, Fort Collins will
coordinate with CPW and the landowners to discuss an alternative timeline to avoid or minimize impacts
to bighorn sheep as discussed in Sections 4.2.3.13, 4.2.3.17, and 4.2.3.19.
Terrestrial Improvements
Improvements at the Calloway Diversion Structure will have the largest impact on aquatic habitat;
however, improvements will also benefit terrestrial species, specifically Preble’s . USFWS considers the
Calloway Diversion to be a habitat filter to Preble’s movement. Remov ing the diversion will reconnect
Preble’s habitat.
5.1.1.5 Ramping Rate Limitations for NPIC’s Pool in an Enlarged Halligan Reservoir
The ramping rate limitations described in Section 4.2.1.4 apply only to Fort Collins’ operation of its
portion of the enlarged Halligan Reservoir; they do not apply to operation of NPIC’s portion of the
reservoir. Therefore, Fort Collins will commit to making a good faith effort to reach an agreement with
NPIC to adhere to the same ramping rate limitations. Previous discussions with NPIC indicate that it
would prefer to explore any such commitments after the enlarged reservoir is operational for several
years. At that time, Fort Collins will re-engage in discussions with NPIC about ramping their diversions
and releases to match those rates Fort Collins has committed to.
Figure 5-2. Calloway Diversion Structure
Source: Jacobs
Page 544
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-5
June 2023
5.1.1.6 North Fork Stream Restoration
Fort Collins will commit $200,000 of funding for stream restoration efforts along the North Fork, or Main
Stem, within or near the Halligan Project Area, including the North Fork above Halligan Reservoir. The
restoration will be focused on either enhancing habitat for small-bodied native fish or salmonids.
Funding a future stream restoration project is another example of adherence to Fort Collins’ guiding
principles of mitigation (refer to Section 4), such as focusing on the improvement of degraded resources,
focusing on improving whole systems and benefiting multiple (aquatic) resources, and working in
partnership with those who have common goals. Note that this commitment is separate from the
$200,000 mitigation commitment for the Main Stem described in Section 4.3.4; these funds may be
combined or used independently. Fort Collins and CPW will have final approval authority on any use of
funds, and will be used for the public benefit.
5.2 Surface Water Quality Enhancement
5.2.1 Sediment-related Operational Measures
In addition to the Peak Flow Bypass Program described in Section 4.2.1.5, and the sediment
management plan described in Section 4.2.4, the following sediment-related operational measures are
planned for Halligan Reservoir to avoid future adverse sediment release events.
5.2.1.1 Bottom Release from Halligan Reservoir when Spilling
Water will be released from Halligan Reservoir through the bottom outlets at times when the reservoir
is spilling over the dam. This should allow for reduced retention of sediment in Halligan Reservoir,
allowing for appropriate sediment transport downstream to the North Fork (as directed by the total
maximum daily load [TMDL]). Avoiding buildup of sediment behind the dam should, in part, help avoid
an adverse sediment release event like the one that occurred because of operations in 1996.
This measure is also considered a voluntary enhancement in terms of river temperature for its parallel
benefits in reducing the risk of thermal shock below the Halligan Reservoir dam. As described in
Section 3.4.2, thermal shock can occur below the Halligan Reservoir dam under current Halligan
Reservoir dam operations. The Halligan Project has an inherent benefit of reducing the current
frequency of thermal shock below Halligan Reservoir dam because no spilling is anticipated (per DEIS
flow modeling) to occur in summer or fall months (that is, at times when the reservoir is thermally
stratified). Bottom releases during spilling would provide further enhancement in terms of further
reducing the risk of thermal shock because such releases would serve to blend top and bottom
temperatures, minimizing the sharp temperature change in releases, in the unanticipated event that the
reservoir does spill at a time of thermal stratification with the Halligan Project.
5.2.2 Passive Aeration in Outlet Structure
Fort Collins will incorporate design measures for the replacement Halligan Dam that include passive
physical aeration. This will increase DO concentrations in water released to the North Fork, enhancing
conditions for aquatic life immediately below the reservoir. As described in Section 3.4.2.3, DO
concentrations at levels of concern to aquatic life are not anticipated below Halligan Reservoir;
however, there is the potential for small decreases in DO in the Halligan Reservoir hypolimnion in the
latter part of the summer. Because adverse impacts on aquatic life are not anticipated in terms of
oxygen below Halligan Reservoir, inclusion of passive aeration in the outlet structure is considered to be
a voluntary enhancement, as opposed to mitigation. Design measures are being evaluated that would
increase DO include an updated stilling basin, a stepped spillway, and a turbulent discharge area with
Page 545
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-6
June 2023
energy dissipation. This aeration will be applied to releases from both Fort Collins’ and NPIC’s portion of
the enlarged Halligan Reservoir.
5.2.3 Terrestrial Resources Enhancements
5.2.3.1 Prohibition of Domestic Sheep and Goat Grazing on City Owned Lands Near
Halligan Reservoir
An existing and ongoing challenge in CPW’s management of the Lone Pine bighorn sheep herd is the
known proximity of bighorn sheep to domestic sheep grazing (CPW 2021b). Several land managers
within the Lone Pine herd-occupied range along or near key components of the Halligan Project use
domestic sheep to control larkspur (Delphinium species), which are toxic to cattle. Although domestic
sheep can be an effective vegetation management tool, this practice increases the chances of
commingling between the Lone Pine herd and domestic sheep. The greatest concern of such
commingling is the transmission of deadly pathogens between domestic sheep and goat populations
and the Lone Pine herd. Therefore, to help reduce the long-term risk of disease transmission, and as
soon as this FWMEP is approved, Fort Collins will:
• Permanently stop grazing domestic sheep or goats for weed control or other purposes on any Fort
Collins-owned lands around Halligan Reservoir
• Will not enter into grazing leases that would authorize others to graze domestic sheep or goats on
any Fort Collins-owned lands around Halligan Reservoir
• Will not grant licenses or convey easements authorizing domestic sheep or goats to graze on any
Fort Collins-owned lands around Halligan Reservoir
5.2.3.2 Advocate for Cessation of Domestic Sheep and Goat Grazing on Private Lands
Near Halligan Reservoir
Landowners near the Halligan Project Area periodically allow domestic sheep and goat grazing on their
property to control larkspur, which are toxic to cattle and horses. Comingling of domestic sheep and
goats with bighorn sheep is linked to disease transmission to bighorn sheep, which can result in bighorn
sheep mortality. Fort Collins will engage with local landowners to advocate for both the temporary
cessation of domestic sheep and goat grazing during construction, as well as for the permanent
cessation of domestic sheep and goat grazing near the Halligan Project Area. Ceasing domestic sheep
and goat grazing on private property around the Halligan Project Area will avoid the potential for
disease transmission from domestic sheep and goats to bighorn sheep.
5.3 Fort Collins Ecological Resource Monitoring
5.3.1 Streamflow Monitoring
As part of Halligan Project operations, Fort Collins has already installed one of two new North Fork
streamflow gages associated with the Halligan Project. The first gage, located above the future inlet of
the enlarged Halligan Reservoir, was installed by Fort Collins in fall 2020 in coordination with the United
States Geological Survey. An existing stream gage is located below the Halligan Dam that will remain in
the future. The second gage will be installed by Fort Collins at or below the bypass structure for the
reconstructed North Poudre Canal Diversion to monitor streamflow and inform North Poudre Canal
Diversion and Halligan Reservoir operations. In addition, Fort Collins will also rely on the existing
Livermore gage located where the North Fork crosses West County Road 74E. Streamflow monitoring
data will enhance the existing dataset that is available for public use and will also be used by Fort Collins
to help inform operational decisions for the enlarged Halligan Reservoir.
Page 546
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 5-7
June 2023
5.3.2 Sediment, Macroinvertebrates, and Water Quality Monitoring
Sampling for sediment (percent fines and salmonid spawning habitat) and macroinvertebrates (TIVSED),
downstream of Halligan Reservoir will be conducted following protocols in WQCD Policy 98-1 (in
agreement with Policy Statement 10-1, Aquatic Life Use Attainment, Methodology to Determine Use
Attainment for Rivers and Streams). This sediment sampling will continue for a period of 5 years
following the build out of Halligan Project operations, after which time the need to continue sampling
will be reconsidered in coordination with CPW and WQCD. This sampling will help monitor sediment
relative to standards and identify any new impairment or worsening conditions. This information can be
used to determine appropriate response actions per the sediment management plan (Section 5.2.1.1),
as needed.
Additionally, real-time oxygen and temperature data from multiple elevations in Halligan Reservoir
during summer months will be needed to support operational decision-making for the MLOW, if an
MLOW is installed (as discussed in Section 4.2.2.1). Real-time oxygen and temperature data from
multiple elevations in Halligan Reservoir during summer months would be used to help manage water
quality of releases to the North Fork with an MLOW. As such, this monitoring will be conducted as a
critical component of the MLOW mitigation element, if an MLOW is installed.
Fort Collins will also monitor iron immediately below the enlarged reservoir for 5 years to determine if
the flushing event (described in Section 4.2.1.6) is effective and/or necessary. This monitoring will
consist of visual checks for iron deposition on sediment in the vicinity of the NBH sampling station (and
photographic records of any observed deposition) as well as continued sampling at NBH for dissolved
and total iron. However, if it is determined at the end of the first 5 flushing events (in consultation with
CPW) that this operation is no longer needed, then the releases and special monitoring (observations of
iron deposition) will end.
5.3.3 Bighorn Sheep Collaring Study
Collaring and tracking of the Lone Pine herd will be conducted before, during, and after the Halligan
Project construction as part of the avoidance and minimization mitigation measures described in
Section 4.2.3.18 and the compensatory mitigation measure described in Section 4.3.3.
5.4 Enhancement Costs and Schedule
Estimated costs and schedule for the mitigation components of this FWMEP follow in Appendix B.
This FWMEP includes a comprehensive description of all of Fort Collins’ planned mitigation and
enhancement measures for the Halligan Project that are related to fish and wildlife. Appendix B presents
Fort Collins’ total estimated mitigation and enhancement costs for all measures and denotes those that
CPW staff believe are attributable to the Commission’s recommendations pursuant to CRS
Section 37-60-122.2 via separate cost columns.
Appendix B includes notes describing the mitigation commitments in the table being at a summary level
and the text of this report shall take precedent over any discrepancies between the table and the
FWMEP text. Also, capitalized costs in the table are the sum of the capital cost plus any annual
operations and maintenance costs capitalized over the life of the commitment, or 50 years for those
commitments that are perpetual. In addition, some of the costs in the table are firm not-to-exceed
monetary commitments and the amounts are presented in 2022 dollars and will be increased in the
amount of the U.S. Bureau of Labor Statistics Consumer Price Index for Denver-Aurora-Lakewood from
January 1, 2023 to the date of final payment under the FWMEP obligation.
Page 547
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 6-1
June 2023
6 References
Armstrong, D. M., J. P. Fitzgerald, and C. A. Meaney. 2011. Mammals of Colorado. University Press of
Colorado. Denver, Colorado.
Armstrong, Karlyn. 2020. Memorandum from Water Resources Engineer and Water Project Mitigation
Coordinator to the Colorado Parks and Wildlife Commissioners; Overview of Fish and Wildlife
Mitigation Plan Process. March 5.
Bartholow, J. M. 1991. A Modeling Assessment of the Thermal Regime for an Urban Sport Fishery.
Environmental Management. Vol. 15, No. 6. pp 833–845.
Battige, K. 2018. 8/23/2018: North Fork Poudre River Below Seaman Reservoir Fish Kill Investigation.
Report prepared by CPW Aquatic Biologist.
Beardsley, M., J. B. Johnson, and J. Doran. 2015. FACStream 1.0: Functional Assessment of Colorado
Streams. Report submitted to U.S. Environmental Protection Agency.
https://www.fcgov.com/poudrereportcard/pdf/river-health-assessment-methods2019.pdf.
Bestgen, K., N. L. Poff, D. Baker, B. Bledsoe, D. Merritt, M. Lorie, G. Auble, J. Sanderson, and
B. Kondratieff. 2019. “Designing flows to enhance ecosystem functioning in heavily altered
rivers.” Ecological Applications. Vol. 30, Issue 1. Ecological Society of America: Wiley Periodicals,
Inc., Washington, D.C. September 18. https://doi.org/10.1002/eap.2005.
Cadmus, P., S. F. Brinkman, and M. K. May. 2018. “Chronic Toxicity of Ferric Iron for North American
Aquatic Organisms: Derivation of a Chronic Water Quality Criterion Using Single Species and
Mesocosm Data.” Archives of Environmental Contamination and Toxicology. ISSN 0090-4341.
Vol, 74, No. 4. May.
CDM Smith and DiNatale Water Consultants (CDM and DiNatale). 2013. Northern Integrated Supply
Project Environmental Impact Statement Common Technical Platform Hydrologic Modeling
Report. Prepared for the U.S. Army Corps of Engineers, Omaha District.
CDM Smith (CDM). 2017. Draft Surface Water Quality Technical Report for the Halligan Water Supply
Project Environmental Impact Statement. October.
Colorado Department of Public Health and Environment and Colorado Department of Natural Resources
(CDPHE and CDNR). 2017. Memorandum of Understanding for Water Supply Projects between
the Colorado Department of Health and Environment and the Colorado Department of Natural
Resources. June.
Colorado Division of Water Resources (DWR). 2016. General Administrative Guidelines for Reservoirs.
February. Originally issued October 2011.
https://dnrweblink.state.co.us/dwr/DocView.aspx?id=3579805&dbid=0&cr=1.
City of Fort Collins. n.d. Climate Action Plan. Accessed 2021. https://www.fcgov.com/climateaction/.
City of Fort Collins. 2011. Cache La Poudre River Natural Areas Management Plan Update. June 10.
https://www.fcgov.com/naturalareas/pdf/poudre-management-plan2011.pdf.
City of Fort Collins. 2014. Poudre River Downtown Master Plan. October. https://www.fcgov.com/
poudre-downtown/pdf/final-plan.pdf.
City of Fort Collins. 2015a. City of Fort Collins 2015 Water Efficiency Plan. https://www.fcgov.com/
utilities/img/site_specific/uploads/WEP_2015-17_FullDraft_NoWaterMark_v9.pdf?1640792992.
Page 548
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 6-2
June 2023
City of Fort Collins. 2015b. Cache la Poudre River: River Health Assessment Framework. August 26.
https://www.fcgov.com/naturalareas/pdf/river-health-report-final-appendix.pdf.
City of Fort Collins. 2017. State of the Poudre: A River Health Assessment. May 24.
https://www.fcgov.com/poudrereportcard/pdf/sopr2016.pdf.
City of Fort Collins. 2019a. Fort Collins Utilities Water Supply Vulnerability Study Draft Report. June.
City of Fort Collins. 2019b. Cache la Poudre River: River Health Assessment Framework, 2019 Methods
and Applications. https://www.fcgov.com/poudrereportcard/pdf/river-health-assessment-
methods2019.pdf?1595449775.
City of Fort Collins. 2019c. Halligan Water Supply Project Conceptual Mitigation Plan. Draft Report.
October. https://usace.contentdm.oclc.org/digital/collection/p16021coll7/id/12793.
City of Fort Collins. 2020a. 2020 Strategic Plan. https://www.fcgov.com/citymanager/files/20-22326-
2020-strategic-plan-document_final.pdf.
City of Fort Collins. 2020b. Water Shortage Action Plan. As adopted by Fort Collins City Council April
2020, as referenced in Section 26-167(a) of the Code of Fort Collins. https://www.fcgov.com/
utilities/img/site_specific/uploads/final-wsap-effective-may-1-2020.pdf?1604940044.
City of Fort Collins. 2021a. 2020 Water Conservation Annual Report. https://www.fcgov.com/utilities/
img/site_specific/uploads/21-23060-water-conservation-annual-report-v5.pdf?1621375599.
City of Fort Collins. 2021b. Draft Cameron Peak Wildfire Water Quality Monitoring Recovery Plan.
April 7. https://www.fcgov.com/utilities/img/site_specific/uploads/cameron-peak-water-
quality-monitoring-recovery-plan.pdf?1650308076.
Colorado Natural Heritage Program. 2015. Query results for Element Occurrences within two-mile buffer
of the Halligan EIS project alternatives.
Colorado Parks and Wildlife (CPW). n.d. Research and Design Guidelines, Fish Passage at River
Structures. https://cpw.state.co.us/Documents/Research/Aquatic/pdf/Fish-Passage-River-
Structures_Research-Guidelines.pdf.
Colorado Parks and Wildlife (CPW). 2015. State Wildlife Action Plan. https://cpw.state.co.us/aboutus/
Pages/StateWildlifeActionPlan.aspx.
Colorado Parks and Wildlife (CPW). 2018. North Fork Poudre River–Phantom Canyon: 2017 Fishery
Sampling Survey Summary.
Colorado Parks and Wildlife (CPW). 2020a. North Fork Poudre River Fish Survey Sampling Data.
Unpublished data for 1960 through 2020.
Colorado Parks and Wildlife (CPW). 2020b. CPW Public SAM (Species Activity Maps) Data. December 8.
CPW GIS Unit. Colorado Parks and Wildlife - Species Data 2020. Bald Eagle.
https://cpw.state.co.us/learn/Pages/Maps.aspx.
Colorado Parks and Wildlife (CPW). 2021a. January 11, 2021 Memorandum: Halligan Reservoir
Expansion Project Bighorn Sheep Impacts and Mitigation.
Colorado Parks and Wildlife (CPW). 2021b. Draft Halligan Reservoir Mitigation Plan for S40: Lone Pine
Rocky Mountain Bighorn Sheep Herd. September 15.
Colorado Parks and Wildlife (CPW). n.d. “Species Profiles.” http://cpw.state.co.us/learn/Pages/
SpeciesProfiles.aspx.
Page 549
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 6-3
June 2023
Colorado State University (CSU). 2020. Poudre Runs Through It Study/Action Work Group. A Guiding
Document. Colorado State University, Colorado Water Center, Fort Collins, Colorado. Revised
September 28. https://watercenter.colostate.edu/prti/.
Colorado Water Conservation Board (CWCB). 1984. Fish and Wildlife Resources. Colorado Revised
Statute Title 37, Section 37-60-122.2. Colorado Department of Natural Resources, Colorado
Water Conservation Board.
Colorado Water Conservation Board (CWCB) n.d. Rules Concerning the Colorado Instream Flow and
Natural Lake Level Program. Rule 7. Colorado Revised Statute Title 2, Section 408-2. Colorado
Department of Natural Resources, Colorado Water Conservation Board.
GEI Consultants, Inc. (GEI). 2016. Aquatic Biological Resources North Fork Cache La Poudre River for the
Halligan Water Supply Project Environmental Impact Statement. Final draft, Baseline Technical
Report.
GEI Consultants, Inc. (GEI). 2018. Draft Aquatic Biological Resources Effects Technical Report for the
Halligan Water Supply Project Environmental Impact Statement. October.
GEI Consultants, Inc. (GEI). 2019a. Baseline Technical Report Aquatic Biological Resources North Fork
Cache La Poudre River. Prepared for the U.S. Army Corps of Engineers, Omaha District. May.
GEI Consultants, Inc. (GEI). 2019b. Aquatic Biological Resources Effects Technical Report for the Halligan
Water Supply Project Environmental Impact Statement. Prepared for the U.S. Army Corps of
Engineers, Omaha District. November.
Harman, W., R. Starr, M. Carter, K. Tweedy, M. Clemmons, K. Suggs, C. Miller. 2012. A Function-Based
Framework for Stream Assessment and Restoration Projects. U.S. Environmental Protection
Agency, Office of Wetlands, Oceans, and Watersheds, Washington, DC. EPA 843-K-12-006.
Hawley, C., J. M. Boyer, T. Adams, A. Stone, and L. Daugherty. 2014. Stream Temperature and Dissolved
Oxygen Analysis for NISP Supplemental Draft EIS. Summary of Current Conditions and
Qualitative Anticipated Effects of NISP Alternatives. Prepared by Hydros Consulting for ERO
Resources Corporation. December 12.
Hydros Consulting Inc. (Hydros). 2015. Water-Quality Modeling of the Cache la Poudre River – Concepts,
Approach, and Scope of Work to Support Development of the NISP Final EIS. Prepared for ERO
Resources Corporation by Hydros Consulting. June 25.
Hydros Consulting Inc. (Hydros). 2020. Halligan Reservoir Water-Quality Model: Conceptual
Understanding of Water-Quality Dynamics. Technical Memorandum from J.M. Boyer (Hydros) to
E. Dornfest (City of Fort Collins). March 17.
Hydros Consulting Inc. (Hydros). 2021a. Background Conceptual Understanding to Support Additional
Stream Modeling for Halligan 401 Certification Application. Technical Memorandum from C.
Hawley (Hydros) to E. Dornfest (City of Fort Collins). December 20.
Hydros Consulting Inc. (Hydros). 2021b. Halligan Water Supply Project 401 Certification Analysis –
North Fork and Seaman Reservoir Conceptual Understanding and Recommended Approaches
for Water Quality. Technical Memorandum from K. Bierlein (Hydros) to E. Dornfest (City of
Fort Collins). December 21.
Hydros. 2021c. Halligan Water Supply Project 401 Certification Analysis – Poudre River Water-Quality
Conceptual Understanding and Approach. Technical Memorandum from K. Bierlein (Hydros)
to E. Dornfest (City of Fort Collins). December 22.
Page 550
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 6-4
June 2023
Hydros Consulting Inc. (Hydros). 2021d. Understanding of River Temperature in the North Fork and
Poudre River Main Stem. Technical Memorandum from C. Hawley (Hydros) to E. Dornfest (City
of Fort Collins). December 23.
Hydros Consulting Inc. (Hydros). 2022a. HWSP FWMEP Development – Responses to CPW Questions.
Technical Memo to M. May (CPW) from C. Hawley (Hydros Consulting Inc.). March 17, 2022.
Hydros. 2022b. HWSP Effects on Proportional Contribution of NF Flow to Poudre Mainstem. Technical
Memo to A. Conovitz (City of Fort Collins) from T. Adams (Hydros Consulting Inc.). August 17.
Hydros Consulting Inc. (Hydros). 2022c. HWSP FWMEP Development – Documentation of Key
Discussions with CPW. Technical Memo to M. May (CPW) from C. Hawley (Hydros Consulting
Inc.). December 15, 2022.
Interagency Grizzly Bear Committee Public Lands Wildlife Linkage Task Force. 2004. Identifying and
Managing Wildlife Linkage Approach Areas on Public Lands; A Report to the Interagency Grizzly
Bear Committee. June 17.
Interagency Visitor Use Management Council. 2016. Visitor Use Management Framework, A Guide to
Providing Sustainable Outdoor Recreation. Edition One. July.
Jacobs. 2021. Preconstruction Survey Memo (Birds, Bats, and Orchids). November 29.
Jacobs. 2022. Halligan Water Supply Project Preble’s Meadow Jumping Mouse Mitigation Plan. April.
JW Associates, Inc. 2017. Upper Poudre Resilience Watershed Plan Final. Coalition for the Poudre River
Watershed. January. https://www.poudrewatershed.org/plan/.
Larimer County Planning Department. 2021. Land Use Code. https://www.larimer.org/planning/land-
use-code.
Law Insider. n.d. “Ecological function definition.” https://www.lawinsider.com/dictionary/ecological-
function.
Lorie, M., J. Sanderson, B. Werick. 2010. Halligan-Seaman Shared Vision Planning; An Experiment in
Collaborating for Regulatory Decisions. Unpublished report. July 9.
http://www.conservationgateway.org/ConservationByGeography/NorthAmerica/UnitedStates/
Colorado/Documents/Lorie%20et%20al.%202010%20Halligan_Seaman_Shared_Vision_Planning
_Report_Jul_12_2010.pdf.
Miller Ecological Consultants (Miller). 2009. Aquatic Resource Existing Conditions Halligan-Seaman
Water Management Project. Prepared for the City of Fort Collins and the City of Greeley.
Miller Ecological Consultants, Inc. (Miller). 2017. Comparison of North Fork Cache La Poudre aquatic
habitat between baseline and proposed the Halligan Project operations. Memorandum to City of
Fort Collins. October 20.
Natural Resources Conservation Service (NRCS). n.d. Black Mountain Snotel Site, United States
Department of Agriculture, NRCS National Water and Climate Center. Accessed January 2, 2021.
https://wcc.sc.egov.usda.gov/nwcc/site?sitenum=1161.
Pioneer Environmental Services (Pioneer). 2016a. Aquatic Resource Inventory Report. Draft. Halligan
Reservoir, Larimer County, Colorado. July 29.
Pioneer Environmental Services (Pioneer). 2016b. Aquatic Resources Associated with the New Proposed
Ordinary High Water Mark. Supplement to the ARI Report for the Halligan Reservoir
(Appendix E). July 28.
Page 551
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 6-5
June 2023
Pioneer Environmental Services (Pioneer). 2017a. Revised Report, Impacts on Aquatic Biological
Resources for the Halligan Water Supply Project. November 3.
Pioneer Environmental Services (Pioneer). 2017b. Revised Report, Impacts on Aquatic Species of Concern
and Water Based Recreation for the Halligan Water Supply Project. November 3.
Risenhoover, K. L. and J. A. Bailey. 1985. Foraging ecology of mountain sheep:
Implications for habitat management. Journal of Wildlife Management. Vol. 49, No. 3.
pp. 797-804.
TetraTech. 2018. Milton Seaman Reservoir Hydrodynamic and Water Quality Model. Revised draft.
Prepared for the U.S. Army Corps of Engineers and the City of Greeley, Colorado. April.
The Nature Conservancy (TNC). 2008. Environmental Flows for the North Fork of the Cache la Poudre
River. Provided as Appendix 3 of the Halligan-Seaman Shared Vision Planning document.
January 4.
Thode, Zach, Land Manager, Roberts Ranch. 2021. Personal communication (telephone conversation)
with Alice Conovitz, City of Fort Collins Utilities Permit Coordinator. December 3.
U.S. Army Corps of Engineers (Corps). 2019. Environmental Impact Statement Halligan Water Supply
Project. Draft. Prepared by U.S. Army Corps of Engineers, Omaha District, Omaha, Nebraska.
November. https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Colorado/EIS-
Halligan/.
U.S. Army Corps of Engineers (Corps). 2020. Colorado Mitigation Procedures. Version 2.0. Prepared by
U.S. Army Corps of Engineers, Albuquerque, Omaha, and Sacramento Districts.
https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Colorado/Mitigation/.
U.S. Environmental Protection Agency (EPA). 1990. Memorandum of Agreement between the
Environmental Protection Agency and the Department of the Army Concerning the
Determination of Mitigation Under the Clean Water Act Section 404(b)(1) Guidelines.
https://www.epa.gov/cwa-404/memorandum-agreement-regarding-mitigation-under-cwa-
section-404b1-guidelines-text.
U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps). 2008.
Compensatory Mitigation for Losses of Aquatic Resources. Final Rule. Code of Federal
Regulations Title 33, Parts 325 and 332. Published in the Federal Register on April 10, 2008.
https://www.epa.gov/cwa-404/compensatory-mitigation-losses-aquatic-resources-final-rule.
U.S. Fish and Wildlife Service (USFWS). 2018. Recovery Plan Preble’s Meadow Jumping Mouse (Zapus
hudsonius preblei). August 28. https://www.fws.gov/mountain-prairie/es/species/mammals/
preble/RECOVERY%20PLAN/Sept2018FinalRecoveryPlan.pdf.
U.S. Fish and Wildlife Service (USFWS). 2019. Endangered and Threatened Wildlife and Plants; Removing
Oenothera coloradensis (Colorado Butterfly Plant) From the Federal List of Endangered and
Threatened Plants. 84 FR 59570.
https://www.federalregister.gov/documents/2019/11/05/2019-24124/endangered-and-
threatened-wildlife-and-plants-removing-oenothera-coloradensis-colorado-butterfly.
Water Quality Control Division (WQCD). 2002. Total Maximum Daily Load Assessment, Sediment,
North Fork Cache La Poudre River, Segment 7. Water Quality Control Division, Colorado
Department of Public Health and Environment. March 15.
Page 552
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan 6-6
June 2023
Western EcoSystems Technologies Inc. (WEST). 2016a. Wildlife Resources Technical Report for the
Halligan Water Supply Project Environmental Impact Statement. October.
Western EcoSystems Technologies Inc. (WEST). 2016b. Vegetation Resources Technical Report for the
Halligan Water Supply Project Environmental Impact Statement. October.
Western EcoSystems Technologies Inc. (WEST). 2017a. Species of Concern Technical Report for the
Halligan Water Supply Project Environmental Impact Statement. January.
Western EcoSystems Technologies Inc. (WEST). 2017b. Technical Report on the Effects of Altered Flows
on Wetland and Riparian Resources for the Halligan Water Supply Project Environmental Impact
Statement. February.
Woodling, John. 1985. Colorado’s Little Fish; A Guide to the Minnows and Other Lesser Known Fishes in
the State of Colorado. Published by the Colorado Department of Natural Resources, Division of
Wildlife.
Water Quality Control Commission (WQCC). 2020. Regulation 31: The Basic Standards and
Methodologies for Surface Water. 5 CCR 1002-31. Effective June 30, 2020.
Water Quality Control Commission (WQCC). 2021a. Regulation No. 38 – Classifications and Numeric
Standards for South Platte River Basin, Laramie River Basin, Republican River Basin, Smoky Hill
River Basin. 5 CCR 1002-38. Effective January 1, 2021.
Water Quality Control Commission (WQCC). 2021b. Regulation No. 93 – Colorado’s Section 303(D) List of
Impaired Waters and Monitoring and Evaluation List. 5 CCR 1002-93. Effective August 14, 2021.
Page 553
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Appendix A
Mapbook
Page 554
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MBOverview.mxd 4/5/2023
VICINITY MAP
£¤287
Livermore
¬«14
North Poudre Can al Diversion Structure
Callow ay Diversion Structure
Halligan Dam
USGS Stream Gauge – NF Livermore
USGS Stream Gauge – NF Below Halligan Reservoir
Home PlaceParcel
North Poudre Can al (a.k.a. Livermore Can al)
Fort Collin s In take
Con fluen ce of th e North Fork an d th e Main stem of th e Poudre River
North Poudre Supply Can al (Mun roe Division )
USGS Stream Gauge – NF Above Halligan Reservoir
Bath Tub Sprin gs
Sprin g Gulch North
Sprin g Gulch South
Rufn er Camp
Cache la P
o
u
d
r
e
R
i
v
e
r
Sto
n
e
w
a
l
l
C
r
e
e
k
Meadow Cree
k
Six
m
i
l
e
C
r
e
e
k
Lone Pine Creek
T
e
n
m
i
l
e
C
r
e
e
k
Da
l
e
C
r
e
e
k
L
o
n
e
t
r
e
e
C
r
e
e
k
P
a
r
k
C
r
e
e
k
Rabbit Creek
Krause Field
Home PlaceParcel
Ten mileParcel
Sprin g HillParcel
Boxelder
Bull PastureParcel
C
h
e
r
o
k
e
ePa rk R d
Map 1
Map 2
Map 3
Map 4
Map 5
Map 6
MiltonSeamanReservoir
HalliganReservoir
Joe W righ t Reservoir
Halligan Reservoir
Seaman Reservoir
Fort Collin s
Ch eyen n e
Lon gmon t
Greeley
Halligan W ater Supply ProjectVicin ity Map
LEGEND
Access Road
Project Area
Mitigation Area
Existing Ordinary High Water Mark
Proposed Ordinary High Water Mark
Roberts Ranch Conservation Easement
Stream
Canal
Roads
State Wildlife Area (SWA)
State Land Trust
US Forest Service
Eagle's Nest Open Space (Larimer County)
Phantom Canyon Preserve (TNC)
BLM
CSU
State Land Board $0 2.1
Miles
Page 555
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MB.mxd 4/5/2023
USGS Stream Gauge – NF Above Halligan Reservoir
Meadow Cree
k
Da
l
e
C
r
e
e
k
Krause Field
Cherokee P a r k
HalliganReservoir
Halligan Water Supply ProjectDetailed Map
LEGEND
Access Road
Project Area
Mitigation Area
Existing Ordinary High Water Mark
Proposed Ordinary High Water MarkNorth Fork Reaches
North Fork Above Halligan Reservoir
Current Halligan Reservoir
Roberts Ranch Conservation Easement
Stream
Roads
State Wildlife Area (SWA)
State Land Trust
US Forest Service
Phantom Canyon Preserve (TNC)
$0 3,000
Feet
Page 556
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MB.mxd 4/5/2023
North Poudre Canal Diversion Structure
Calloway Diversion Structure
Halligan Dam
USGS Stream Gauge – NF Below Halligan Reservoir
North Poudre Canal (a.k.a. Livermore Canal)
L
o
n
e
t
r
e
e
C
r
e
e
k
CherokeePark
HalliganReservoir
Halligan Water Sup p ly ProjectDetailed Map
LEGEND
Access Road
Project Area
Mitigation Area
Existing Ordinary High Water Mark
Proposed Ordinary High Water MarkNorth Fork Reaches
Current Halligan Reservoir
Upper Phantom Canyon
Lower Phantom Canyon
Livermore Valley above Rabbit Creek
Stream
Canal
Roads
State Wildlife Area (SWA)
State Land Trust
Phantom Canyon Preserve (TNC)
$0 3,000
Feet
Page 557
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MB.mxd 4/5/2023
North Poudre Canal Diversion Structure
Calloway Diversion Structure
Home PlaceParcel
North Poudre Canal (a.k.a. Livermore Canal)
Bath Tub Springs
Sto
n
e
w
a
l
l
C
r
e
e
k
Lone Pine Creek
Rabbit Creek
Home PlaceParcel
TenmileParcel
Spring HillParcel
C h e r o k e e P a r k
Halligan Water Supply ProjectDetailed Map
LEGEND
Access Road
Project Area
Mitigation AreaNorth Fork Reaches
Upper Phantom Canyon
Lower Phantom Canyon
Livermore Valley above Rabbit Creek
Livermore Valley below Rabbit Creek
Roberts Ranch Conservation Easement
Stream
Canal
Roads
State Wildlife Area (SWA)
State Land Trust
Phantom Canyon Preserve (TNC)
$0 3,000
Feet
Page 558
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MB.mxd 4/5/2023
Spring Gulch North
Spring Gulch South
Rufner Camp
P
a
r
k
C
r
e
e
k
Boxelder
Halligan Water Supply ProjectDetailed Map
LEGEND
Mitigation Area
Roberts Ranch Conservation Easement
Stream
$0 3,000
Feet
Page 559
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MB.mxd 4/5/2023
£¤287
Livermore
USGS Stream Gauge – NF Livermore
Home PlaceParcel
Spring Gulch North
Spring Gulch South
Sto
n
e
w
a
l
l
C
r
e
e
k
Home PlaceParcel
Spring HillParcel
Bull PastureParcel
Halligan Water Supply ProjectDetailed Map
LEGEND
Mitigation AreaNorth Fork Reaches
Livermore Valley below Rabbit Creek
Eagles Nest
Roberts Ranch Conservation Easement
Stream
US Forest Service
Eagle's Nest Open Space (Larimer County)
$0 3,000
Feet
Page 560
Item 19.
LAS \\dc1vs01\gisproj\C\CityOfFortCollins\HalliganDam\MapFiles\Halligan_ProjectAreas_Mitigation_MB.mxd 4/5/2023
Fort Collins Intake
Confluence of the North Fork and the Mainstem of the Poudre River
North Poudre Supply Canal (Munroe)Cache la P
o
u
d
r
e
R
i
v
e
r
MiltonSeamanReservoir
Halligan Water Supply ProjectDetailed Map
LEGEND
Mitigation AreaNorth Fork Reaches
Eagles Nest
Seaman Reservoir
Below Seaman Reservoir Reach
Stream
Canal
State Wildlife Area (SWA)
State Land Trust
US Forest Service
$0 3,000
Feet
Page 561
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Appendix B
Summary of Mitigation Measures
Page 562
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-1
June 2023
Appendix B. Summary of Mitigation Measures
Table B-1. FWMEP Measures and Costs
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Winter Release Plan 4.2.1.1 As part of Halligan Project operations, Fort Collins will provide
continuous releases of 3 cfs from its water stored in the enlarged
Halligan Reservoir to the North Fork from October 1 through April 30
each year.
NPIC cannot divert the winter releases into the North Poudre Canal
pursuant to an existing agreement with Fort Collins. The Halligan
Project involves reconstructing the North Poudre Canal Diversion
similar to its current configuration but to allow the bypass of Fort
Collins’ releases from the enlarged Halligan Reservoir so that the water
remains in the North Fork.
The Winter Release Plan will result in benefits to the North Fork by
eliminating almost all zero-flow days on the North Fork (in
combination with the Summer Low-flow Plan [Section 4.2.1.2]).
Provide a continuous, more longitudinally connected aquatic corridor
compared to the existing zero-flow conditions, create additional
wetted channel area that will benefit small-bodied native fish, trout,
and macroinvertebrates, and re-establish basic habitat requirements
for aquatic species through the reintroduction of perennial flow.
The Winter Release Plan will also result in benefits that will offset the
impact resulting from the inundation of approximately 0.75 mile of
the CWCB’s instream flow water right (Water Court Case
1985CW430) on the North Fork above Halligan Reservoir.
Fort Collins will implement the Winter Release Plan the first winter
after the new Halligan Dam has been approved to store water by the
DWR and Fort Collins’ portion of the enlarged reservoir has at least
3,000 acre-feet of water.
$1,654,375 $0
Page 563
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-2
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Summer Low-Flow Plan 4.2.1.2 Fort Collins will implement the Summer Low-Flow Plan, which adjusts
reservoir operations by forgoing diversions and/or releasing its water
stored in the enlarged Halligan Reservoir to maintain a minimum
continuous 5 cfs flow in the approximately 22 miles of the North Fork
between the replacement Halligan Dam and Seaman Reservoir (as
measured at three gaging stations along the North Fork) from May 1 to
September 30 each year (summer releases).
NPIC cannot divert the winter releases into the North Poudre Canal
pursuant to an existing agreement with Fort Collins. The Halligan
Project involves reconstructing the North Poudre Canal Diversion
similar to its current configuration but to allow the bypass of Fort
Collins’ releases from the enlarged Halligan Reservoir so that the water
remains in the North Fork.
The Summer Low-Flow Plan will result in benefits to the North Fork
by eliminating almost all zero-flow days on the North Fork (in
combination with the Winter Release Plan, Section 4.2.1.1), which
avoids and minimizes potential impacts on the aquatic ecosystem,
including stream temperature from the Halligan Project.
The Summer L ow-flow Plan would increase flow rates on the North
Fork in summer months at the times of the lowest current flow rates
with anticipation of stream temperature benefits for the North Fork.
Provide a continuous, more longitudinally connected aquatic corridor
compared to the existing zero-flow conditions, create additional
wetted channel area that will benefit small-bodied native fish, trout,
and macroinvertebrates, and re-establish basic habitat requirements
for aquatic species through the reintroduction of perennial flow.
The Summer Low-Flow Plan will also result in benefits that will offset
the impact resulting from the inundation of approximately 0.75 mile
of the CWCB’s instream flow water right (Water Court Case
1985CW430) on the North Fork above Halligan Reservoir.
Based on Commission and public feedback, Fort Collins will also
perform preconstruction surveys of the pre-Halligan Reservoir
enlargement flows on the reach of the North Fork between the
existing Livermore gage and the upstream end of Seaman Reservoir
(that is, the Livermore-to-Seaman Reach) in different seasons and
hydrologic regimes (particularly dry conditions) to determine if there
are flow losses in this stretch. Details of the preconstruction surveys,
including an agreement on methods and standards to be used to
define whether there are flow losses will be included in an
intergovernmental agreement between Fort Collins and CPW. If the
preconstruction survey demonstrates that the Livermore-to-Seaman
Reach is a neutral or gaining reach, then another gage below the
existing Livermore gage will not be needed. If the preconstruction
survey demonstrates that the Livermore-to-Seaman Reach is a losing
reach, Fort Collins will coordinate with CPW on next steps which
could include the installation of a fourth gage or increased Halligan
Project flows to the Livermore gage to offset such losses toward
ensuring that the Summer Low-flow Plan benefits all 22 miles of
river.
If, in the future, another diversion structure is constructed in the
Livermore-to-Seaman Reach, Fort Collins will commit to work with
the owner of this diversion structure toward assuring passage of Fort
Collins' flows. The commitment with the future diversion structure
owner could include a written agreement, installation of other gages,
and/or other means of assuring that Fort Collins can meet its
Summer Low-flow Plan measure.
$830,875 $0
Page 564
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-3
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Modified Summer Release
Exchange Program
4.2.1.2 Fort Collins will not exchange Summer Low-flow Plan releases (up to 5
cfs) from Halligan Reservoir up to either of the Fort Collins Intakes. This
hiatus on exchanges will occur each year from July 1 to September 30.
This action will leave more water in the Main Stem upstream of the
North Fork confluence and downstream to below the Hansen Supply
Canal during times of the most critical temperature concern (July to
September), minimizing Halligan Project temperature impacts in this
critical season.
$645,000 $0
Avoidance
and
Minimization
Mitigation
Measures
Operational Agreement
with Greeley
4.2.1.3 Fort Collins is pursuing an operational agreement with Greeley. The
agreement would specify the need for Greeley to pass Halligan
Releases, including the Winter Release and Summer Low-flow Plan of 3
cfs and up to 5 cfs directly through Seaman Reservoir. For this to be
possible, upgraded outlet works may be needed in Seaman Reservoir.
Greeley is currently in the process of upgrading their outlet works with
support from federal funding. As part of the potential agreement, Fort
Collins may provide additional funding support for further refinement
of the new outlet works design for Seaman Reservoir. The goal of this
additional funding would be to give the new outlet works the
functionality and operational control to pass even the small Summer
Low-flow Plan releases through Seaman Reservoir (that is, the refined
new outlet works should allow for fine-scale management of releases
on the order of 1 to 5 cfs).
Fort Collins is pursuing the Greeley Agreement because, if the
diversion and storage of Halligan Project summer releases by Greeley
in Seaman Reservoir could be avoided, the river temperature
benefits of the Summer Low-flow Plan could be extended to the
approximately 1 river mile reach of the North Fork below Seaman
Reservoir.
In the event that Fort Collins cannot reach an agreement with
Greeley to pass Fort Collins’ Halligan Winter and Summer Low-flow
Plan releases of 3 cfs and up to 5 cfs below Seaman Reservoir, and
the CWA Section 401 water quality certification process determines
that the Halligan Project has potential for occasional adverse
temperature impacts on the North Fork below Seaman Reservoir
that requires mitigation, Fort Collins commits to mitigating the
identified temperature impacts attributable to the Halligan Project
through stream restoration or other measures in a manner agreed to
by Fort Collins, CDPHE, and CPW. If reasonably practicable,
Fort Collins will mitigate the identified impacts along the river reach
from Seaman Reservoir to the confluence with the Main Stem
commensurate with Fort Collins identified impacts. If not reasonably
practicable in the reach below Seaman Reservoir, Fort Collins will
work with CDPHE and CPW to find other mitigation commensurate
with the Halligan Projects identified impacts.
$1,150,000 $0
Avoidance
and
Minimization
Mitigation
Measures
Ramping Rates Limitations 4.2.1.4 By applying ramping rate limitations, Fort Collins will seek to constrain
existing and potential dramatic decreases and increases in the rate of
discharge from Fort Collins’ portion of the enlarged Halligan Reservoir
to avoid and minimize impacts on aquatic species, particularly small-
bodied native fish and rainbow trout. The ramping rate limitations will
also help maintain a more natural descending limb of the North Fork
hydrograph following peak flows by incorporating a more gradual
decrease in outflow and establishing a lag time before returning the
stream to a base flow level.
Ramping Rate limitations would take effect as soon as the new
Halligan Dam has been approved to store water by DWR.
The ramping rate limitations are intended to protect aquatic life, as
well as people recreating (for example, fishing) downstream,
minimizing Fort Collins' impacts to aquatic ecosystems. Fort Collins
will limit dramatic decreases and increases in the discharge rate
resulting from Fort Collins’ operation of its portion of the enlarged
Halligan Reservoir. The details of ramping rate limitations to
decreasing discharge rates and increasing discharge rates are
described in Section 4.2.1.4 of the FWMEP.
$625,000 $625,000
Page 565
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-4
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Peak-Flow Bypass
Program
4.2.1.5 When the forecast peak flow has been estimated to within a few days,
Fort Collins will forgo all diversions into its portion of the enlarged
Halligan Reservoir for three days coinciding as closely as practicable, as
detailed below, with the annual forecasted peak (runoff) flow event for
the North Fork. The Peak Flow Bypass Program will allow 3 days (in
addition to ramping rate limits Section 4.2.14) of peak flows during
times when Fort Collins could be diverting water into storage in the
enlarged Halligan Reservoir.
The Peak flow bypass program would take effect as soon as the new
Halligan Dam has been approved store water by DWR.
The Peak Flow Bypass Program will avoid and minimize impacts on
the aquatic ecosystem from the Halligan Project by maintaining
some of the historical, pre-enlargement peak flows past the enlarged
Halligan Reservoir. This Peak Flow Bypass Program is intended to
mimic a natural, pre-enlargement stream flow for this 3-day period
(in addition to ramping) to support riverine and ecological processes
in the North Fork, such as the following:
Providing phenological cues to aquatic and riparian organisms for
emergence of aquatic insects, spawning, the timing of flowering,
and seed dispersal
Facilitating natural seasonal sediment transport, channel shaping,
and channel scour
Recruiting and transporting woody debris and other organic
materials
Providing overbank flooding to maintain wetland and riparian
habitat function, including seed transport and propagation of
native cottonwood and willow species, sediment transport,
formation and maintenance of aquatic habitat, and riparian area
diversity and structure
$765,000 $0
Avoidance
and
Minimization
Mitigation
Measures
End of Summer Flushing
Event
4.2.1.6 An end of summer flushing event (flushing event) will be conducted
following fall turnover of Halligan Reservoir each year that a turnover
event occurs (turnover is anticipated to occur in all years of normal
Halligan Project operations) to address potential iron coatings on river
materials. The intention of the flushing event would be to flush
seasonal iron deposition (if it occurs) from sediment surfaces below the
dam to minimize the potential adverse effects of such deposition,
which is most likely to occur in late summer, if it were to occur.
The goal of the end of summer flushing event is to release a
maximum of 30 acre-feet of water at the lowest discharge rate from
the outlet of the enlarged Halligan Reservoir that is practicable to
successfully mobilize the iron deposits. Targeting lower effective flow
rates is desirable to avoid unintended adverse consequences on
small-bodied fish and inadvertent sediment release.
The first flushing event would occur after the new Halligan Dam has
been approved to store water by DWR and Fort Collins’ portion of
the reservoir has filled and there has been a reservoir turnover, as
described in Section 4.2.1.6.
To avoid unintended adverse effects on small-bodied native fish and
sediment, Fort Collins will seek CPW input regarding the planned
rate, ramping, and timing of the release each year. Fort Collins would
also monitor iron and habitat conditions immediately below the
enlarged reservoir for 5 years to determine if this flushing event is
effective and/or necessary. This monitoring will consist of visual
checks for iron deposition on sediment in the vicinity of the NBH
sampling station (and photographic records of any observed
deposition) as well as continued sampling at NBH for dissolved and
total iron. However, if it is determined at the end of the first five
flushing events following construction (in consultation with CPW)
that this operation is no longer needed, then the releases and special
monitoring (observations of iron deposition) will end.
$7,650 $0
Page 566
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-5
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Legal Protection of Flows 4.2.1.1., 4.2.1.2, and 4.3.8 Through the Flow-related operational measures (Winter Release Plan,
Summer Low-Flow Plan, Peak Flow Bypass) and Temporary
Environmental Pool enhancement, Fort Collins will provide additional
stream flow. NPIC cannot divert these flows into the North Poudre
Canal pursuant to an existing agreement with Fort Collins. Additionally,
Fort Collins will undertake a good faith effort to protect the Summer
Releases from Halligan Reservoir to Seaman Reservoir using the
“Protected Mitigation Release” statute (CRS 37-92-102[8]) in the same
manner and subject to the same limitations as described for the Winter
Release Plan.
Avoid/minimize impacts to aquatic species by protecting Halligan
release from being removed between Halligan and the Mainstem of
the Poudre.
If Fort Collins fails to acquire a Water Court decree to protect
Halligan Releases under the Protected Mitigation Release statute, or
its agreement with NPIC changes such that Halligan Releases can be
diverted into the North Poudre Canal, Fort Collins will consult with
CPW in good faith to evaluate how Halligan Releases can be
protected.
$250,000 $250,000
Avoidance
and
Minimization
Mitigation
Measures
Multi-Level Outlet
Structure
4.2.2.1 A multilevel outlet works (MLOW) for Halligan Reservoir that would
allow water to be released from one or more elevation higher than the
bottom has been discussed since the CMP was put forth in the DEIS. An
MLOW is a tool that can, in some cases, allow for beneficial additional
management controls on the quality of water released from a reservoir,
particularly at times of stratification. At this time, however, an MLOW is
not expected to be necessary from the perspective of aquatic life
mitigation efforts. Therefore, based on CPW comment, the MLOW is
not a commitment in the FWMEP, but the need for an MLOW may be
revisited through the 401 certification process.
During the 401 Certification process modeling and analysis findings
will be reviewed to assess whether such a structure would provide
effective and practical water-quality management options for
mitigating anticipated project water-quality impacts. CWA Section
401 water quality certification model findings will be shared, and
CPW and CDPHE will be consulted on this decision, as part of the
CWA Section 401 water quality certification process.
$0 $0
Avoidance
and
Minimization
Mitigation
Measures
Outlet Conduit Sizing 4.2.2.2 To allow for the peak flow bypass mitigation measure (Section 4.2.1.5),
Fort Collins incorporated an enlarged outlet conduit, which is larger
than necessary to meet demand-based releases. The enlarged outlet
will be constructed to release up to 800 cfs.
Minimize impacts to aquatic ecosystems by upsizing outlet size to
allow peak flow bypass.
$0 $0
Avoidance
and
Minimization
Mitigation
Measures
Big Game Interference
Minimization
4.2.3.1 Fort Collins aims to avoid and minimize the Halligan Project’s potential
impacts on wildlife within the Halligan Project Area when feasible. The
Halligan Project includes many construction-related measures designed
to avoid and minimize impacts on big game.
Information specific to bighorn sheep is discussed in sections 4.2.3.17,
4.2.3.18, and 4.2.3.19.
Construction-related measures to avoid and minimize impacts on big
game, including the following measures. Because these measures
also benefit other resources, they are described elsewhere in the
FWMEP:
Construction scheduling to ensure efficient project delivery, to
limit temporal impacts and number of seasons during which
habitat is disturbed (4.2.3.13)
Construction carpooling (Section 4.2.3.11)
Management of fugitive dust during construction (Section 4.2.3.7)
Minimizing construction disturbance areas Minimization of and
the number and footprint of construction access roads and
construction areas (Sections 4.2.3.9, 4.2.3.10, and 4.2.3.14)
Reclamation and revegetation of temporarily disturbed areas
(Section 4.2.3.9)
Implementation of a noxious and invasive weed management plan
for construction and reclamation activities (Section 4.2.3.15).
Compensatory mitigation and enhancement measures specific to
bighorn sheep are described in Sections 4.3.3 and 5.2.3.
$0 $0
Page 567
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-6
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Preconstruction Botanical
Surveys
4.2.3.2 Previous botanical surveys have not located Ute ladies’-tresses orchid
in the area of Halligan Reservoir.
To further minimize the possibility of Project impacts on this
federally threatened plant, botanical surveys will be conducted at a
minimum of a year before construction. Surveys will focus on areas
that will likely be disturbed by the Halligan Project and that could
support the orchid, and be performed during the growing season
(July and August). Results of preconstruction surveys will be
submitted to USFWS as required by the ESA; CPW will be provided a
courtesy copy of results.
$10,200 $0
Avoidance
and
Minimization
Mitigation
Measures
Preconstruction Bat
Surveys
4.2.3.3 Visual and auditory detection surveys for bats were conducted in the
area of Halligan Dam and up to 0.5 mile downstream of Halligan Dam in
2021. Several lone bats were detected during the surveys, but no large
concentrations of bats were identified. The scattered occurrence of
lone bat detections suggests that the area below Halligan Dam is used
for foraging, but evidence of a bat colony or identification of roosting
locations was not observed during this brief presence/absence survey.
To minimize the possibility of Project impacts on bats, additional
surveys are warranted, including a survey for roosting sites near the
dam. This additional bat survey work will be conducted in the year
before construction commences for the Halligan Project. Surveys will
focus on areas that will likely be disturbed by Halligan Project
construction activities. If surveys indicate the presence of an active
bat roost near the Halligan Dam, Fort Collins will consult with CPW
on appropriate mitigation measures.
$10,200 $10,200
Avoidance
and
Minimization
Mitigation
Measures
Migrating Bird and
Raptors Survey
4.2.3.4 Nest surveys were conducted in the area of Halligan Dam and along
access roads in 2021.
Additional monitoring for migratory birds and raptors will be
performed every other year before construction, the year before the
start of construction, and annually during construction with a focus
on areas of suitable habitat within planned or proposed disturbance
areas in the immediate Halligan Project Area. Before and during
construction activities, Fort Collins may use bird nesting deterrents
during nesting season to reduce the risk of nesting activities during
construction. Deterrent measures may include modifying or
removing attractive nesting habitat (for example, trees, shrubs, tall
grass) within potential disturbance areas during inactive periods to
reduce the potential for construction-related impacts during active
nesting periods. Before Project implementation, Fort Collins will
provide CPW an opportunity to review and comment on Project
specifications related to migratory bird and raptor nesting avoidance
and minimization.
$70,800 $0
Avoidance
and
Minimization
Mitigation
Measures
Raptor Nesting or
Roosting Platforms
4.2.3.5 Fort Collins will include nesting or roosting platforms near Halligan
Reservoir to encourage eagles and other raptors, such as osprey, to use
the reservoir.
The platforms will also minimize any temporary loss of perching
locations from the inundation of shoreline trees while new shoreline
habitat becomes established. The final design and location of nesting
or roosting platforms will be developed in coordination with CPW.
The nesting or roosting platforms will be installed as part of the
project construction. At this time the exacting timing is not known.
However, the nesting or roosting platforms will be installed before
inundation of the enlarged Halligan Reservoir begins.
$12,400 $0
Page 568
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-7
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Stormwater Management
Plan
4.2.3.6 Targeted planning and successful execution of the stormwater
management plan will reduce the potential for water quality
degradation of the North Fork and its associated aquatic ecosystem.
Fort Collins will develop a stormwater management plan in
compliance with local and state requirements and as required by the
National Pollutant Discharge Elimination System (NPDES),
Construction General Permit, COR400000 prior to construction,
which will include all necessary stormwater management controls
and best practices, temporary sediment and erosion control during
construction, and medium-term sediment and erosion control during
vegetation reestablishment. Additionally, a non-stormwater
discharge permit and monitoring plan will be prepared, if required,
before the start of construction.
$14,800 $0
Avoidance
and
Minimization
Mitigation
Measures
Best Management
Practices
4.2.3.7 Fort Collins will employ standard construction best management
practices (BMPs; also called control measures) typically included in
federal, state, and local permit requirements to reduce potential
construction-related impacts on upland and aquatic habitats, fish, and
water quality. BMPs will be implemented at Project construction areas
including dam construction and staging/stockpile areas, along access
roads, the North Poudre Canal Diversion structure, and mitigation or
enhancement sites that involve City-led construction. At a minimum,
BMPs will include:
Erosion control measures
Sediment control measures
Dust suppression measures
Non-stormwater controls and waste and materials management
Material management and waste management
Avoid and minimize impacts to aquatic and terrestrial ecosystems.
Refer to the FWMEP text for the complete list of best management
practices. Additional measures may be incorporated if those
described differ from permit conditions defined in the CWA Section
401 water quality certification and CWA Section 404 permit, or if site
conditions warrant them.
$1,171,250 $48,750
Avoidance
and
Minimization
Mitigation
Measures
Existing Dam for
Construction Sediment
Control
4.2.3.8 Leaving the original dam in place during construction to act as a coffer
dam provides strong control of sediment to allow for avoidance of an
inadvertent major release of sediment during construction. The existing
dam will continue to function normally during the entire time the
replacement dam is being constructed; therefore, drawdown of the
reservoir will not be necessary during construction. Once the
replacement dam is complete, Fort Collins anticipates that a coffer dam
will be put in place around the existing dam during the brief (a few
months or less) demolition period.
Avoid and minimize impacts to aquatics by controlling existing
reservoir sediments during construction.
$0 $0
Avoidance
and
Minimization
Mitigation
Measures
Construction Disturbance
Minimization and
Reclamation
4.2.3.9 Fort Collins will reclaim temporarily disturbed areas following
construction completion. Materials stockpile and borrow areas created
on Fort Collins’ property may be left in place for long-term operations
and maintenance of the enlarged Halligan Reservoir.
Reclaiming disturbed areas to their current condition will reduce the
permanent footprint of the Halligan Project and reduce the potential
for long-term ecological degradation. Revegetation and monitoring is
described in Sections 4.2.3.7 and 4.2.3.15.
$533,170 $0
Page 569
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-8
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Access Road Minimization
and Reclamation
4.2.3.10 To accommodate larger vehicles and equipment necessary to construct
the Halligan Project and to implement some of the mitigation measures
described herein existing roads will require some or all of the following:
temporary widening to accommodate two-way truck traffic in some
locations, placement of new culverts at drainage crossings, grade
modifications, and road stabilization. In addition, use of the western
access road will be limited as discussed in section 4.2.3.14
Fort Collins proposes using existing roads whenever possible and to
reclaim access roads to their current condition following
construction completion to reduce the permanent footprint of the
Halligan Project and reduce the potential for long-term ecological
degradation.Widened roads and turnouts created on Fort Collins
property may be left in place for long-term operations and
maintenance of the enlarged Halligan Reservoir; widened roads may
be left in place on private property if requested by the landowner.
$533,170 $0
Avoidance
and
Minimization
Mitigation
Measures
Traffic Impact
Minimization
4.2.3.11 Traffic impacts on residents will be limited to predominant ingress and
egress from Highway 287, with less ingress and egress from Larimer
County Road 80C (Cherokee Park Road). Given the complexity of
construction activities associated with the Halligan Project, large
amounts of staffing will be required to access the construction zone
throughout Project construction.
To minimize impacts on traffic on Highway 287, Fort Collins will
construct a temporary or permanent turn lane and/or an
acceleration lane. This minimization measure will be designed and
implemented in coordination with the Colorado Department of
Transportation and Larimer County.
Fort Collins will incorporate carpooling of staff to and from
construction areas. Carpooling of staff will reduce traffic on access
roads and minimize air quality impacts, greenhouse gas emissions,
potential wildlife and vehicle collisions, and fugitive dust during
construction.
To minimize traffic impacts on wildlife as noted here, as well as
Sections 4.2.3.1, 4.2.3.7, and 4.2.3.9, will minimize impacts on
wildlife by using existing roads, reducing traffic-related equipment
emissions and noise, reducing fugitive dust, reducing the potential
for wildlife vehicle collisions, and reducing displacement and
disturbance of habitats adjacent to construction activities and access
roads. Construction of a temporary river crossing on the North Fork
below the replacement dam will minimize traffic along County Road
80C by allowing direct access to the west side of Halligan Dam during
construction (Section 4.2.3.14).
$296,749 $0
Avoidance
and
Minimization
Mitigation
Measures
Construction Impact
Minimization that will
Benefit Wildlife
4.2.3.12 Construction of certain elements of the Halligan Project are anticipated
to occur throughout all hours of the day or night during certain
construction milestones. Fort Collins proposes to minimize nighttime
construction activities that have the potential to generate increased
noise levels, such as blasting, and will proactively respond to noise
complaints. Lighting impacts associated with Halligan Project nighttime
construction activities will be minimized in consideration of both local
residents and wildlife.
Lighting during construction will be limited to what is necessary for
safety and security on the Project site during construction. Lighting
will be angled and shielded to avoid light pollution and impacts on
neighbors and wildlife.
Noise will be minimized to the extent practicable during
construction; Fort Collins plans to fit equipment with mufflers and
apply construction standard practices for noise construction (the
specific practices will depend on equipment used).
Fort Collins’ contractors will comply with Larimer County ordinances
or approved variance requests through the county that may include
noise shielding and reduction of after-hours activities.
$0 $0
Page 570
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-9
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Construction Timing
Restrictions at the North
Poudre Canal and
Calloway Diversions
4.2.3.13 To minimize potential construction-related disturbance to bighorn
sheep spring and fall movements, Fort Collins and CPW have agreed to
implement a 1-year construction window for both the North Poudre
Canal and Calloway Diversions. To the extent reasonably possible, all
work will be completed within one construction season beginning in
November and ending the following end of March.
During the 1-year construction window, Fort Collins will perform
work in two phases. During the first phase, work on the access road
construction, and staging equipment and materials at the North
Poudre Canal and Calloway Diversions will occur in July and August.
Then during the second phase, both the North Poudre Canal and
Calloway Diversions construction work will commence in November
and conclude in March before spring movements by bighorn sheep
through the mapped linkage area between the two diversion
structures. To the extent reasonably possible, all work will be
completed wi thin one construction season beginning in November
and ending the following end of March. In the unlikely event of an
unforeseen occurrence such as extreme snow, Fort Collins will
coordinate with CPW to develop a revised schedule. In addition, Fort
Collins has not yet come to an agreement with landowners to
complete channel improvements and modifications of the Calloway
Diversion. Should a delay occur that affects the proposed timing
restriction schedule, Fort Collins will coordinate with CPW and
landowners to discuss an alternative timeline to avoid or minimize
impacts to bighorn sheep as discussed in Sections 4.2.3.17, 4.2.3.19,
and 5.1.1.4
$109,500 $109,500
Avoidance
and
Minimization
Mitigation
Measures
Limited Use of Western
Access Road
4.2.3.14 Following completion of the temporary construction access crossing of
the North Fork below the Halligan Dam, which is planned in the first
year of construction, use of the western access road intersecting
Larimer County Road 80C (Cherokee Park Road) will be reduced to only
occasional or as-needed access from April to July in the second and
subsequent years of construction to reduce construction vehicle
disturbance to wildlife in the area.
Minimization of potential animal and vehicular interference along
Cherokee Park Road.
$0 $0
Avoidance
and
Minimization
Mitigation
Measures
Noxious and Invasive
Weed Control and
Revegetation
4.2.3.15 Restoration and revegetation will be completed for all temporarily
disturbed areas using native plants. These disturbance areas will be
monitored after construction to ensure successful re-establishment of
vegetation in accordance with Construction General Permit
requirement to stabilize all disturbed soil areas (Section 4.2.3.94.2.3.15)
before completion of the Halligan Project. Specific
revegetation/restoration details will be identified following final design.
Fort Collins will develop a noxious and invasive weed management
plan for construction activities, in coordination with the Larimer
County Weed District. No domestic sheep or goats will be used for
weed control on City-owned property or easements Fort Collins
grants to others in the vicinity of Halligan Reservoir. Noxious weed
BMPs, including chemical, cultural, and mechanical measures, will be
implemented during all construction phases for all Halligan Project
disturbance areas, including access roads and buffers. Equipment will
be cleaned so that it is free of accumulated soils that may carry
noxious and invasive weed seeds to the Halligan Project Area
$96,264 $0
Page 571
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-10
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Aquatic Nuisance Species 4.2.3.16 Fort Collins will take a proactive approach to preventing the
introduction of aquatic nuisance species into Halligan Reservoir, the
North Fork, and the Main Stem. Non-native species and invasive species
pose a threat to ecosystems, and Fort Collins will minimize the risk of
spreading aquatic nuisance species through implementation of BMPs to
prevent the potential spread of these species in Halligan Reservoir and
in the rivers.
Fort Collins will implement specific procedures to ensure that all
equipment is cleaned of mud and debris (for example, tracks, turrets,
buckets, drags, teeth), and inspected to confirm they are free of
aquatic nuisance species. Specific decontamination measures for
equipment or materials that were used in any stream, river, lake,
pond, or wetland within 14 days of the start of the project to prevent
the spread of New Zealand mudsnails, zebra and quagga mussels,
invasive plant species, and other aquatic nuisance species will follow
the most current guidance from CPW and are expected to include
one or more of the following methods:
1. Remove all mud and debris from equipment (tracks, turrets,
buckets, drags, and teeth) and spray/soak in a 1:15 solution of
Quat 4 or Super HDQ Neutral institutional cleaners and water.
Keep equipment moist with the solution for at least 10 minutes.
2. Remove all mud and debris from equipment (tracks, turrets,
buckets, drags, and teeth) and continuously spray/soak
equipment with water that is hotter than 140 degrees Fahrenheit
for at least 10 minutes. Hand tools, boots, and any other
equipment that will be used in the water will be cleaned, as well.
$30,000 $0
Avoidance
and
Minimization
Mitigation
Measures
Bighorn Sheep Habitat
Improvements
4.2.3.18 Fort Collins in consultation with CPW, has identified several areas
within the Cherokee SWA that would provide the largest benefit to
bighorn sheep habitat and foraging through cheatgrass mitigation. The
habitat treatment targets cheatgrass seed germination, allowing for
higher quality native forage to grow, which, in turn, may keep the Lone
Pine herd within the boundaries of Cherokee SWA longer and away
from domestic sheep during the April to July grazing period. The
treatment should not alter normal migration routes, habitat range use,
or lambing areas.
Funding will be provided to CPW will install either two water guzzlers
for precipitation capture or one water guzzler and one stock-tank type
structure that uses water from a spring that CPW holds rights to
develop. These features will passively (that is, external power source
not needed) provide water sources away from Halligan Project
disturbances and are expected to provide benefit before, during, and
after construction. The water features will be used to enhance bighorn
sheep habitat in areas that may be underused due to lack of water
resources and within a reasonable distance of the priority habitat
restoration area noted previously.
To improve bighorn sheep habitat opportunities and water access on
the Cherokee SWA, Fort Collins will provide to CPW $250,000 for
chemical treatment to abate invasive cheatgrass over at least 500
acres, along with other habitat improvements. Funding is to
complete a minimum of one round of cheatgrass treatment over 500
acres and other habitat improvements that may include the
installation of up to two remote passive water sources at least 2
years before the start of project construction in an effort to entice
bighorn sheep away from construction areas and areas at times used
for the grazing of domestic sheep. Any remaining monies up to the
$250,000 earmarked for vegetation and habitat restoration could be
used by CPW for habitat treatment on additional acreages within the
Cherokee SWA.
If additional water features are appropriate for the area, CPW will
also consider location and design elements that would exclude
domestic ruminants from using the water sources, such as wildlife
friendly fencing, to minimize the potential for pathogen
transmission. The water features will be used to enhance bighorn
sheep habitat in areas that may be underused due to lack of water
resources and within a reasonable distance of the priority habitat
restoration area noted previously.
$250,000 $250,000
Page 572
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-11
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Avoidance
and
Minimization
Mitigation
Measures
Bighorn Sheep Collaring
Study
4.2.3.19 Support CPW in collaring and disease testing of bighorn sheep from the
Lone Pine her to track their movements before, during, and
immediately after Halligan Project construction. Collaring study results
will support evaluation of whether construction may influence herd
habits, in particular with respect to interactions with domestic sheep
and/or other bighorn herds. CPW will implement the collaring study.
GPS collar monitoring studies are needed to assess disease risk and
habitat restoration needs for the Lone Pine Herd by gathering data on
herd landscape use (habitat, spatial and temporal), recruitment, and
overall health. Depending upon the Lone Pine Herd size, up to a
maximum of 15 collars may be deployed.
Fort Collins will provide CPW additional funding of up to $120,000 to
support global positioning system (GPS) collaring and disease testing
of up to a maximum of 15 bighorn sheep from the Lone Pine herd.
The preconstruction portion of the GPS collaring study including, and
disease testing will begin no less than 2 years before the anticipated
start of the Halligan Project construction. GPS collars are expected to
have a 2-year life and collect data approximately every 4 hours.
Preconstruction collaring data will be considered viable for 5 years.
Should construction be pushed beyond that initial 5-year window, a
second GPS collar study would start 1 year from the start of
construction. The intent of the second preconstruction GPS collar
study including, and disease testing is to have accurate and recent
data on the Lone Pine herd’s movements before construction. The
Lone Pine herd will be fitted with GPS collars and undergo disease
testing during all of the construction with collars having an
anticipated 2-year battery life. The final phase will be a 2-year
postconstruction GPS collaring and disease testing event to evaluate
postconstruction movement and habitat use. CPW may euthanize
bighorn sheep to prevent disease spread in the Lone Pine herd
and/or adjacent herds. As discussed in Section 4.3.3 Fort Collins will
provide monetary compensation for any bighorn sheep culls from
the Lone Pine herd.
$120,000 $120,000
Avoidance
and
Minimization
Mitigation
Measures
Overhead Power Line and
Pole Relocation
4.2.3.20 The Halligan Project will require the relocation of approximately 27
overhead power poles and lines from the southwest end of the exiting
reservoir to the new dam since the old power poles would be
inundated during the Halligan enlargement. The existing poles and line
are too old to be reused safely. The new poles and line will be
constructed and energized prior to the removal of the old poles and
line. Installation and the removal of the overhead power line and poles
will result in temporary disturbance of vegetation due to vehicles
driving off-road. At this time, a formal access road is not being
proposed for the installation or removal of the overhead power lines
and poles. Some vegetation will be permanently removed to for the
placement of the new poles.
Fort Collins will work with Poudre Valley Rural Electric Authority to
perform raptor and migratory nesting bird surveys (Section 4.2.3.4,
Migratory Bird and Raptor Surveys) prior to construction. In addition,
construction BMPs (Section 4.2.3.7, Best Management Practices)
including sediment control and aquatic nuisance species measures
(Section 4.2.3.16, Aquatic Nuisance Species), and construction
disturbance minimization and reclamation measures (Section 4.2.3.9,
Construction Disturbance Minimization and Reclamation) will be
implemented. Installation and removal of the overhead power lines
and pole will be prohibited between December 1 and April 30. The
overhead power lines and poles will follow design guidelines similar
to those used by the Avian Power Line Interaction Committee and
will have bird diverters.
$0 $0
Avoidance
and
Minimization
Mitigation
Measures
Halligan Reservoir
Sediment Management
Plan
4.2.4 Operating the reservoir, particularly at low water levels, in accordance
with a plan developed by sediment experts is intended to avoid adverse
sediment release events.
A sediment management plan will be developed for Halligan
Reservoir that will provide guidelines for post-construction reservoir
operations (including low water level operations). CPW will be given
an opportunity to comment on the draft sediment management
plan.
$75,000 $0
Page 573
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-12
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Compensatory
Mitigation
Measures
Preservation as Early
Compensatory Mitigation
Measure
4.3.1 In 2003 to 2004, as an act of early mitigation in anticipation of the
Halligan Project, Fort Collins led the purchase and preservation of a
permanent conservation easement of a 4,557-acre property known as
Roberts Ranch, which comprises several disconnected parcels (Figure 4
8) in the Livermore Valley. The easement covers 4,557 acres of high-
quality wildlife habitat and rangelands near Halligan Reservoir and is
also adjacent to 14,000 acres of other state and locally protected lands.
This early conservation effort provides the following benefits:
Direct and indirect ecological benefit to wildlife resources affected
by the Halligan Project, including long-term preservation of
suitable habitat for big game ungulates, as well as the federally
and state threatened Preble’s meadow jumping mouse and the
federally threatened Ute ladies’-tresses orchid
Land preservation and conservation in perpetuity of habitat for
wildlife and rare and native plants, and conservation of the
diverse forest, shrubland, meadow, and riparian vegetative
communities
Approximately 2 decades of land preservation before disturbance
from the Halligan Project construction activities
Preservation of areas within the linkage area for the Lone Pine
bighorn sheep herd where individual rams have been observed
annually by local residents from approximately March to October
on parcels of Roberts Ranch east of Highway 287 (Thode, pers.
comm. 2021), and limitations on grazing such that species other
than cattle or horses cannot be grazed on the property unless
approved by The Nature Conservancy in areas where use of cattle
or horses is impractical
Conservation of more than 8.8 miles of perennial streams
Direct connectivity to 14,000 acres of adjacent state and locally
protected lands
$1,800,000 $0
Compensatory
Mitigation
Measures
Fish Passage at the Fort
Collins Intake at Gateway
Park
4.3.2 The majority of diversions related to the Halligan Project will take place
at the Fort Collins’ Intake at Gateway Park on the Main Stem. This
diversion structure is located approximately 0.5 mile upstream of the
confluence with the North Fork. The diversion structure currently acts
as a barrier to fish movement, preventing the migration of fish past the
structure. With this action, Fort Collins will compensate for reduction of
flows on the Main Stem in the Exchange Reach between the Fort Collins
Intake(s) and the North Fork confluence.
Fort Collins will construct fish passage around the Fort Collins Intake
diversion structure at Gateway Park to increase connectivity for trout
and other large-bodied fish species on the Main Stem and to
compensate for impacts on Main Stem fisheries associated with flow
changes as a result of the Halligan Project. The fish passage will be
designed, in consultation with CPW, and to CPW’s Research and
Design Guidelines, Fish Passage and River Structures to provide
reliable upstream fish passage and will help to provide additional
connectivity upstream of the Fort Collins Intake.
Construction of this project will be completed prior to Fort Collins
beginning Halligan operations that involve exchanges on the Main
Stem or on an alternate timeline that is agreed upon between CPW
and Fort Collins.
$1,210,200 $1,210,200
Page 574
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-13
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Compensatory
Mitigation
Measures
Bighorn Sheep Mortality
Compensation
4.3.3 Fort Collins will avoid and minimize potential Project effects on bighorn
sheep through the habitat improvements and movement tracking
collaring study described in Sections 4.2.3.17, 4.2.3.18, 4.2.3.19 and
through construction timing restrictions described in Section 4.2.3.13.
Additional construction-related measures to avoid and minimize
impacts on terrestrial wildlife, including bighorn sheep, are described in
Section 4.2.3.7. If, despite these efforts, construction of the Halligan
Project causes mortality directly, through euthanasia or otherwise, to
bighorn sheep in the Lone Pine herd, Fort Collins will offset this
unavoidable impact through monetary compensation to CPW.
Fort Collins will provide monetary compensation of $7,300 per sheep
to CPW for any Lone Pine herd bighorn sheep that experience
mortality during project construction and 2 years postconstruction.
Although not all mortality experience during the construction period
is anticipated to be caused by the Project, as a conservative
approach Fort Collins is willing to assume that mortalities during the
construction period and 2 years postconstruction will be
compensated. Additionally, if Lone Pine herd mortalities are
observed in the 2 years following the end of construction, Fort
Collins will compensate CPW $7,300 per sheep. CPW has concerns
that the Halligan Project construction may cause Lone Pine herd
sheep to change movement patterns such that they act as a vector
for disease transmission from domestic sheep to the Lower Poudre
herd. Fort Collins will work with CPW to develop an adaptive
management approach to monitoring bighorn sheep movements to
assess disease transmission, and will compensate CPW for Lower
Poudre herd bighorn sheep that were exposed to respiratory disease
because of the Halligan Project during and 2 years after construction.
$0 $0
Compensatory
Mitigation
Measures
Compensatory Mitigation
for Halligan Project
Impacts on Stream
Temperature
4.3.4 The restoration will be focused on either enhancing aquatic life habitat
or funding a fish passage project, or both. This money is committed as a
compensatory mitigation for unavoidable temperature impacts on the
Main Stem.
Fort Collins will commit $200,000 of funding for stream restoration
efforts along the Main Stem, or North Fork, within or near the
Halligan Project Area, including the North Fork above Halligan
Reservoir to compensate for potential project-related temperature
increases. Fort Collins and CPW will have final approval authority on
any use of funds and will be used for the public benefit.
Note: This commitment is separate from the $200,000 enhancement
commitment for the North Fork described in Section 5.1.1.6;
however these funding commitments may be combined or used
independently.
$200,000 $200,000
Compensatory
Mitigation
Measures
Compensatory Mitigation
for Halligan Project
Impacts on Wetlands
4.3.5 Wetland mitigation for Halligan Project impacts may include
restoration, mitigation banking, or other measures that benefit fish and
wildlife.
Compensatory mitigation and monitoring for wetlands will be
described in a separate mitigation plan yet to be developed for
approval by the Corps.
$2,490,400 $0
Compensatory
Mitigation
Measures
Special Status Species 4.3.6 Fort Collins seeks to avoid and minimize any adverse impacts on any
special-status species. Halligan Project mitigation measures, such as the
preservation of Roberts Ranch (Section 4.3.1), and the numerous
avoidance and minimization measures (Section 4.2) will adequately
mitigate potential Halligan Project effects on state-listed species. This
applies for all of Section 4.3.6 except for Section 4.3.6.1 discussed in
the next row.
No additional species-specific compensatory mitigation measures
have been proposed.
Although Fort Collins' mitigation actions directed towards special
status species (e.g., Preble's meadow jumping mouse) will benefit
other fish and wildlife, no costs are included here since they are
considered in the Preservation as Early Compensatory Mitigation
Measure.
$0 $0
Compensatory
Mitigation
Measures
Preble's Meadow Jumping
Mouse Habitat
Improvements/Monitoring
Contribution
4.3.6.1 Mitigation and monitoring of Halligan Project impacts on Preble’s are
being developed in consultation with USFWS.
Mitigation and monitoring of Halligan Project impacts on Preble’s are
described in the Halligan Water Supply Project Preble’s Meadow
Jumping Mouse Mitigation Plan.
$218,900 $0
Page 575
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-14
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Compensatory
Mitigation
Measures
Recreational Resources 4.3.7 The surface of Halligan Reservoir is not open to the public for
recreational use, the Halligan Project will not change the public’s ability
to recreate on the reservoir.
The enlarged Halligan Project Reservoir will inundate approximately a
0.75-mile reach of the North Fork upstream of the existing Halligan
Reservoir, resulting in the loss of approximately 20 acres of potential
hunting lands and river fishing along a 0.4-mile stretch of this reach.
The proposed mitigation measure are discussed in detail in the next
three rows relating to Sections 4.3.7.1, 4.3.7.2, and 4.3.7.3.
Fort Collins understands CPW’s desire to see public angling access at
the enlarged Halligan Reservoir. Since the Halligan Project is not
impacting surface water recreation at Halligan Reservoir, Fort Collins
and CPW have agreed to continue discussions related to recreational
opportunities at the enlarged Halligan Reservoir in a process
separate from the current processes to enlarge Halligan Reservoir
and the FWMEP. To formalize this commitment, Fort Collins will
include language in an intergovernmental agreement with CPW to
continue discussions related to recreation at the enlarged Halligan
Reservoir. Those discussions may include the reservoir being
managed for recreation by CPW as a part of the Cherokee SWA.
If, separate from the current processes to enlarge Halligan Reservoir,
the reservoir is opened to public recreation at a point in the future,
any recreation plan proposed by Fort Collins that will affect the
Cherokee SWA will be developed in conjunction with CPW and will
consider impacts on fish and wildlife habitat, including impacts on
any access through the Cherokee SWA. The recreation plan will also
consider and compensate for the resource needs for CPW to stock
and manage Halligan Reservoir for public angling access, if CPW
determines it will maintain a public fishery.
$0 $0
Compensatory
Mitigation
Measures
Reconciliation of Title
Chain Confusion
4.3.7.1 Fort Collins discovered that approximately 39 acres of land in the
eastern half of Section 29 and in the northeastern quarter of Section 32
that were thought to be owned by CPW are owned by Fort Collins and a
private party. Upper portions of the enlarged Halligan Reservoir will be
located on portions of these lands. For the most part, these lands are
surrounded by the Cherokee SWA–Middle Unit and according to CPW,
these lands have been accessed by the public for over 50 years20. Fort
Collins intends to acquire these lands for the enlarged Halligan
Reservoir.
After acquiring these lands, Fort Collins will seek an agreement with
CPW to convey an easement to CPW across these lands for public
use, provided that the surface of the enlarged reservoir will not be
opened to public access at this time. Any such agreement and
conveyance will be subject to applicable laws, including statutes
applicable to CPW, and the Fort Collins Municipal Code Chapter 23
(Public Property), Article IV (Disposition of Property), Division 2 (Real
Property).
$0 $0
Compensatory
Mitigation
Measures
Funding of Public Access
Lease with Roberts Ranch
4.3.7.2 The Krause Field parcel was conserved as a part of the Roberts Ranch
conservation easement secured by Fort Collins and partners in 2003
and 2004 (refer to Section 4.3.1). CPW has been pursuing a lease
allowing primitive foot access for hunting and fishing on the Krause
Field parcel. Fort Collins understands that this lease will provide public
access to over 2,200 acres of hunting and approximately 1 mile of river
access and fishing, which includes the North Fork and potentially
stretches of its tributaries, Dale Creek and Bull Creek.
Fort Collins will contribute funding to CPW to support a lease of the
Krause Field parcel of Roberts Ranch. Fort Collins agrees to a one-
time reimbursement in the amount of $135,000 for CPW to pursue a
long-term lease (in process) of the Krause Field parcel.
$135,000 $135,000
20 Fort Collins is evaluating if and the extent to which the public has accessed this part of the inundation area and makes no representations on this issue.
Page 576
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-15
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Compensatory
Mitigation
Measures
Parking Area
Establishment at State
Wildlife Area
4.3.7.3 An existing primitive parking area near the southwest portion of
Halligan Reservoir is located on Fort Collins’ property in the northeast
quarter of Section 32. The parking area falls within an area previously
thought to be owned by CPW. This parking area will be inundated by
the enlarged Halligan Reservoir.
Fort Collins will provide $30,000 in funds to create a new parking
area on CPW land outside of the inundation area, to provide
comparable access to this general location. The new parking area will
be primitive and similar in form to the existing parking area.
$30,000 $0
Compensatory
Mitigation
Measures
Instream Water Rights 4.3.8 The enlarged Halligan Reservoir will inundate approximately 0.75 mile
of the North Fork upstream of the current reservoir where the CWCB
holds an instream flow water right.
Because of the additional stream flow that will be provided
downstream, Fort Collins’ commitment to protect those associated
releases from Halligan Reservoir for approximately 22 miles
downstream using the Protected Mitigation Release statute (CRS 37-
92-102[8]), and the aquatic resource enhancements described in
Section 5, no additional compensatory mitigation is proposed for
impacts on the CWCB’s instream flow water rights as part of this
FWMEP.
$0 $0
Monitoring
and Adaptive
Management
for Mitigation
Streamflow Monitoring 5.3.1 Streamflow monitoring data will enhance the existing dataset that is
available for public use and will also be used by Fort Collins to help
inform operational decisions for the enlarged Halligan Reservoir.
Fort Collins has already installed one of two new North Fork
streamflow gages associated with the Halligan Project. The first gage,
located above the future inlet of the enlarged Halligan Reservoir, was
installed by Fort Collins in fall 2020 in coordination with the United
States Geological Survey. An existing stream gage is located below
the Halligan Dam that will remain in the future. The second gage will
be installed by Fort Collins at or below the bypass channel to be
constructed on the North Poudre Canal Diversion to monitor
streamflow and inform North Poudre Canal Diversion and Halligan
Reservoir operations. In addition, Fort Collins will also rely on the
existing Livermore gage located where the North Fork crosses
West County Road 74E.
$2,487,200 $0
Monitoring
and Adaptive
Management
for Mitigation
Sediment,
Macroinvertebrate, and
Water Quality Monitoring
5.3.2 Sampling for sediment and macroinvertebrates, downstream of
Halligan Reservoir will help monitor sediment relative to standards and
identify any new impairment or worsening conditions. This information
can be used to determine appropriate response actions per the
sediment management plan, as needed. Fort Collins will also monitor
iron immediately below the enlarged reservoir for 5 years to determine
if the flushing event (described in Section 4.2.1.6) is effective and/or
necessary. If a MLOW is installed (described in Section 4.2.2.1), real-
time oxygen and temperature data from multiple elevations in Halligan
Reservoir during summer months will be needed to support operational
decision-making for the MLOW.
This sediment sampling will continue for a period of 5 years following
the build out of Halligan Project operations, after which time the
need to continue sampling will be reconsidered in coordination with
CPW and WQCD.Iron monitoring will consist of visual checks for iron
deposition on sediment in the vicinity of the NBH sampling station
(and photographic records of any observed deposition) as well as
continued sampling at NBH for dissolved and total iron. However, if it
is determined at the end of the first 5 years following construction
(in consultation with CPW) that this operation is no longer needed,
then the releases and special monitoring (observations of iron
deposition) will end.If a MLOW is installed (described in Section
4.2.2.1), real-time oxygen and temperature data from multiple
elevations in Halligan Reservoir during summer months would be
used to help manage water quality of releases to the North Fork with
an MLOW. As such, this monitoring will be conducted as a critical
component of the MLOW mitigation element.
$120,000 $120,000
Page 577
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-16
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Monitoring
and Adaptive
Management
for Mitigation
Adaptive Management
Costs
Various Measures Adaptive management in response to environmental monitoring is
indirectly incorporated into some mitigation and enhancement
measures in the FWMEP, including the MLOW, bighorn sheep collaring
and mortality compensation, sediment management, and temporary
environmental pool measures.
This measure will help with aquatic and terrestrial species and
ecosystems by monitoring and adapting plans accordingly.
The FWMEP capitalization cost of $37,500 is for adaptive
management related to bighorn sheep.
$225,000 $37,500
Monitoring
and Adaptive
Management
for Mitigation
Bighorn Sheep Collaring
Study
5.3.3 Collaring and tracking of the Lone Pine herd will be conducted before,
during, and after the Halligan Project construction.
The commitments are captured in the avoidance and minimization
mitigation measures described in Section 4.2.3.18 and the
compensatory mitigation measure described in Section 4.3.3.
$0 $0
Enhancement
Measures
Temporary Environmental
Pool
5.1.1.1 Between the time that Halligan Reservoir is enlarged and the time
when Fort Collins grows into its future demand levels associated with
the Halligan Project, Fort Collins will dedicate an annually variable
storage volume in the enlarged Halligan Reservoir to release for
environmental benefits downstream. This annually variable volume of
water dedicated for environmental benefits is referred to as the
temporary environmental pool (TEP).
The purpose of the TEP is to enhance the environmental benefit, or
functional lift, of the flow-related operational measures described in
Section 4.2.1. The primary objective of the TEP is to positively affect
stream health in the North Fork from the replacement Halligan Dam to
Seaman Reservoir. In general, the TEP will be used to benefit whole
stream health, with the ability to focus on specific river functions, or
single-species management in select years. Use of the TEP will be
informed by first principles of river ecology.
Fort Collins will determine the volume of water available for the TEP
each year. Volumes in the range of 500 to 1,000 acre-feet are
expected to be available; however, the actual volume available could
increase or decrease after information is gained from the first several
years of operation of the enlarged Halligan Reservoir.
Decisions regarding the volume of water allocated each year will be
made by Fort Collins. The volume and targeted window for releases
will be determined before July 1 each year. The window for releases
will typically be from July 1 to the following April 30.
Fort Collins will not re-divert the TEP releases until after they have
reached the confluence with the Main stem of the Poudre River. The
primary stakeholders for the TEP will be Fort Collins and CPW.
The best use of this water will be determined based on decreed
beneficial uses of the water rights and current conditions at that
point in time and the greatest ecological concerns or issues, with one
of the priorities being management of small bodied native fish
species downstream of Halligan Reservoir. Operational targets for
use of the TEP could be set for several years at a time to address
multiple ecological priorities.
NPIC cannot divert the TEP releases into the North Poudre Canal
pursuant to an existing agreement with Fort Collins.
$150,000 $0
Enhancement
Measures
Joint Operations 5.1.1.2 Fort Collins will continue to entertain opportunities for operational
synergies with other managed water deliveries in the Poudre River
watershed in order to potentially provide targeted benefits to the
watershed.
Potential enhancement to environmental benefits related to stream
flows.
$0 $0
Page 578
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-17
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Enhancement
Measures
Fish Passage at the
Reconstructed North
Poudre Canal Diversion
5.1.1.3 North Poudre Canal Diversion is approximately 6 miles downstream of
Halligan Reservoir on the North Fork. The structure currently acts as a
barrier to upstream fish passage, preventing the migration of fish past
the structure.
Fort Collins will reconstruct the North Poudre Canal Diversion so that
Fort Collins’ releases can be bypassed by that structure and remain in
the North Fork. To provide increased connectivity for small-bodied
native species and trout in the North Fork, Fort Collins will
incorporate fish passage into or around the reconstructed North
Poudre Canal Diversion, in the form of a fish ladder, bypass channel,
or other infrastructure. Fish passage will be designed, in consultation
with CPW, and to CPW’s Fish Passage and River Structures Research
and Design Guidelines to provide reliable fish passage at the North
Poudre Canal Diversion and connect an extensive reach of the North
Fork. Fish passage construction will happen concurrently with
reconstruction of the North Poudre Canal Diversion, in accordance
with the timeline listed in Figure 4-7, will be completed by the time
Fort Collins begins storing water in the enlarge Halligan Reservoir or
an alternate timeline that is agreed upon between CPW and Fort
Collins.
$1,759,750 $0
Enhancement
Measures
Channel Improvements
and Modifications of the
Calloway Diversion
5.1.1.4 The Calloway Diversion is located on the North Fork approximately
7.5 river miles downstream of Halligan Reservoir. The diversion is no
longer used. Although water passes the structure, it acts as a barrier to
fish passage, preventing the migration of fish past the structure.
Fort Collins will pursue an agreement in good faith with the
landowners and other stakeholders to complete this project. A
preliminary concept was developed in collaboration with
landowners, CPW, and other stakeholders, includes removal of the
center portion of the structure, while leaving the sidewalls of the
structure in place. This project will be constructed in accordance with
the timeline listed in Figure 4-7 and will be completed by the time
Fort Collins begins storing water in the Halligan Reservoir Expansion
or an alternate timeline that is agreed upon between CPW and Fort
Collins. If Fort Collins is unable to come to an agreement with the
landowners to complete channel improvements and modifications of
the Calloway Diversion within the timeline that aligns with the
reconstruction of the North Poudre Canal Diversion discussed in
Section 5.1.1.3, Fort Collins will coordinate with CPW and the
landowners to discuss an alternative timeline to avoid or minimize
impacts to bighorn sheep as discussed in Sections 4.2.3.13, 4.2.3.17,
and 4.2.3.19.
The improvements at the Calloway Diversion will have the largest
impact on aquatic habitat; however, the improvements will also
benefit terrestrial species, specifically Preble’s. The USFWS considers
the Calloway Diversion to be a habitat filter to Preble’s movement.
The removal of the diversion will reconnect the Preble’s habitat.
$1,120,645 $0
Enhancement
Measures
Ramping Rate Limitations
for NPIC’s Pool in an
Enlarged Halligan
Reservoir
5.1.1.5 The ramping rate limitations described in Section 4.2.1.2 apply only to
Fort Collins’ operation of its portion of the enlarged Halligan Reservoir;
they do not apply to operation of NPIC’s portion of the reservoir.
Fort Collins will commit to making a good faith effort to reach an
agreement with NPIC to adhere to the same ramping rate limitations.
Previous discussions with NPIC indicate that it would prefer to
explore any such commitments after the enlarged reservoir is
operational for several years.
$0 $0
Page 579
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-18
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Enhancement
Measures
North Fork Stream
Restoration
5.1.1.6 Fort Collins will commit to provide funding for stream restoration
efforts along the North Fork. The restoration will be focused on either
enhancing habitat for small-bodied native fish or salmonids.
Fort Collins will commit $200,000 of funding for stream restoration
efforts along the North Fork, or Main Stem, within or near the
Halligan Project Area, including the North Fork above Halligan
Reservoir. This commitment is separate from the $200,000
mitigation commitment for the Main Stem described in Section 4.3.4;
these funds may be combined or used independently. Fort Collins
and CPW will have final approval authority on any use of funds and
will be used for the public benefit.
$200,000 $200,000
Enhancement
Measures
Bottom Release from
Halligan when Spilling
5.2.1.1 Water will be released from Halligan Reservoir through the bottom
outlets at times when the reservoir is spilling over the dam. Avoiding
buildup of sediment behind the dam should, in part, help avoid an
adverse sediment release event like the one that occurred because of
operations in 1996.
Thermal shock can occur below the Halligan Reservoir dam under
current Halligan Reservoir dam operations. The Halligan Project has an
inherent benefit of reducing the current frequency of thermal shock
below Halligan Reservoir dam because no spilling is anticipated (per
DEIS flow modeling) to occur in summer or fall months (that is, at times
when the reservoir is thermally stratified).
Bottom release should allow for reduced retention of sediment in
Halligan Reservoir, allowing for appropriate sediment transport
downstream to the North Fork.
This measure is also considered a voluntary enhancement in terms of
river temperature for its parallel benefits in reducing the risk of
thermal shock below the Halligan Reservoir dam. Bottom releases
during spilling would provide further enhancement in terms of
further reducing the risk of thermal shock because such releases
would serve to blend top and bottom temperatures, minimizing the
sharp temperature change in releases, in the unanticipated event
that the reservoir does spill at a time of thermal stratification with
the Halligan Project.
$0 $0
Enhancement
Measures
Passive Aeration in Outlet
Structure
5.2.2 Fort Collins will incorporate design measures for the replacement
Halligan Dam that passive physical aeration. This will increase dissolved
oxygen concentrations in water released to the North Fork, enhancing
conditions for aquatic life immediately below the reservoir. This
aeration will be applied to releases from both Fort Collins’ and NPIC’s
portion of the enlarged Halligan Reservoir.
Because adverse impacts on aquatic life are not anticipated in terms
of oxygen below Halligan Reservoir, inclusion of passive aeration in
the outlet structure is considered to be a voluntary enhancement, as
opposed to mitigation. Design measures being evaluated that would
increase DO include an updated stilling basin, a stepped spillway, and
a turbulent discharge area with energy dissipation. This aeration will
be applied to releases from both Fort Collins’ and NPIC’s portion of
the enlarged Halligan Reservoir.
$0 $0
Enhancement
Measures
Prohibition of Domestic
Sheep and Goat Grazing
on City-owned Lands Near
Halligan Reservoir
5.2.3.1 Several land managers within the Lone Pine herd-occupied range along
or near key components of the Halligan Project use domestic sheep to
control larkspur (Delphinium species), which are toxic to cattle.
Although domestic sheep can be an effective vegetation management
tool, this practice increases the chances of commingling between the
Lone Pine herd and domestic sheep. The greatest concern of such
commingling is the transmission of deadly pathogens between
domestic sheep and goat populations and populations and the Lone
Pine herd.
As a measure to help reduce the long-term risk of disease
transmission, soon as this FWMEP is approved, Fort Collins will:
Permanently stop grazing domestic sheep or goats for weed
control or other purposes on any Fort Collins-owned lands around
Halligan Reservoir
Will not enter into grazing leases that would authorize others to
graze domestic sheep or goats on any Fort Collins-owned lands
around Halligan Reservoir
Will not grant licenses or convey easements authorizing domestic
sheep or goats to graze on any Fort Collins-owned lands around
Halligan Reservoir
$0 $0
Page 580
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan B-19
June 2023
Measurement
Type
Mitigation, Monitoring,
and Enhancement
Measure
FWMEP Section Purpose for Measure Description of the Commitment[a] Fort Collins
Total
Capitalized
Cost[b]
FWMEP
Capitalized
Cost[b]
Enhancement
Measures
Advocate for Cessation of
Domestic Sheep and Goat
Grazing on Private Lands
Near Halligan Reservoir
5.2.3.2 Landowners near the Halligan Project Area periodically allow domestic
sheep and goat grazing on their property to control larkspur, which are
toxic to cattle and horses. Comingling of domestic sheep and goats with
bighorn sheep is linked to disease transmission to bighorn sheep, which
can result in bighorn sheep mortality.
Fort Collins will engage with local landowners to advocate for both
the temporary cessation of domestic sheep and goat grazing during
construction, as well as for the permanent cessation of domestic
sheep and goat grazing near the Halligan Project Area. Ceasing
domestic sheep and goat grazing on private property around the
Halligan Project Area will avoid the potential for disease transmission
from domestic sheep and goats to bighorn sheep.
$0 $0
Not
Applicable
Not Applicable Not Applicable Not Applicable Mitigation $15,345,903 $2,958,650
Not
Applicable
Not Applicable Not Applicable Not Applicable Monitoring and Adaptive Management $2,832,200 $157,500
Not
Applicable
Not Applicable Not Applicable Not Applicable Total Mitigation, Monitoring and Adaptive Management Cost $18,178,103 $3,116,150
Not
Applicable
Not Applicable Not Applicable Not Applicable Enhancement $3,230,395 $200,000
Not
Applicable
Not Applicable Not Applicable Not Applicable Total Mitigation and Enhancement Costs for Project $21,408,498 $3,316,150
Not
Applicable
Not Applicable Not Applicable Not Applicable Total Design and Construction Costs (Per 30% Design) $144,584,000 Not Applicable
[a] The description of mitigation commitments is at a summary level - see text for details of the commitment. The text shall take precedent over any discrepancies between this table and the text.
[b] Capitalized cost is the sum of the capital cost plus any annual operations and maintenance costs capitalized over the life of the commitment, or 50 years for those commitments that are perpetual.
Page 581
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Appendix C
Surface Water Quality Supplemental Information
Page 582
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-1
June 2023
Appendix C. Surface Water Quality Supplemental
Information
This appendix presents an overview of surface water quality current conditions for Halligan Reservoir,
Seaman Reservoir, the North Fork, and the Main Stem. This appendix is intended to be a high-level
summary and is not intended to fully recreate documentation of the studies/communications
referenced (Hydros 2020, 2021a, 2021b, 2021c, and 2021d, 2022a, 2022b, and 2022c). Instead,
highlights of the key findings regarding current surface water-quality conditions are presented, by area.
The referenced studies rigorously document the conceptualization of existing major drivers of spatial
and temporal variability in temperature and water quality in Halligan Reservoir, Seaman Reservoir, the
North Fork, and the Main Stem. The conceptual understanding in those documents is based on
evaluation of observed water-quality data, flow data, diversion patterns, reservoir operations, geology,
point sources, land use, and spatially varying meteorological conditions. Observed data were also
compared in these studies to applicable aquatic life water-quality standards to identify existing concerns
relative to standards. Sampling stations considered in those analyses and referenced in this appendix are
presented in Appendix D, Water Quality Sampling Location Maps. Additionally, Appendix D is supported
by two memoranda (Hydros 2022a and Hydros 2022c).
C.1 Halligan Reservoir
Current conditions in Halligan Reservoir are discussed in Hydros (2020, 2022a, and 2022c) and
summarized briefly here. Halligan Reservoir is currently an approximately 6,400 acre-feet, on-channel,
water supply reservoir on the North Fork. The reservoir is relatively shallow except near the dam
(Figure C-1). The annual residence time is relatively short, averaging roughly 26 days (based on observed
data from 2010 to 2018). Monthly residence times tend to be relatively low (fewer than 30 days) from
April through October and higher in winter months of November through March (Figure C-2). This
reflects the typical seasonal inflow and release patterns. Inflows into the reservoir follow a typical
pattern of high flows during spring snowmelt runoff and declining flows through the summer. The
reservoir fills in the winter and the timing of full pool can vary by year, sometimes filling as early as the
end of December and sometimes not filling until the end of May. The reservoir stratifies each year,
generally from May to August, with the duration of stratification being limited by strong winds and
reservoir operations that draw down water levels during summer. Water can be released via outlet
works at the bottom of the reservoir and/or at the spillway (when the reservoir is full).
Page 583
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-2
June 2023
Figure C-1. Bathymetric Map of Halligan Reservoir (Based on 2003 Survey) at Existing Full Pool
Figure C-2. Average Monthly Residence Time in Halligan Reservoir (Based on Observed Release Rates
and Storage Volumes from 2010 to 2018)
For most constituents, inflow concentrations to Halligan Reservoir peak during spring runoff and then
decline. While the reservoir is stratified during summer, the hypolimnion can become hypoxic
(≤ 2 milligrams per liter [mg/L] dissolved oxygen [DO]; Figure C-3) and internal loading of redox-sensitive
constituents from the sediments is observed. Chlorophyll a concentrations tend to be relatively low,
averaging 6 micrograms per liter [µg/L] for July through September (2016 to 2019). The maximum
observed chlorophyll a concentration in Halligan Reservoir (2016 to 2019) is 13.3 µg/L
(November 8, 2016; Figure C-4).21 The reservoir is not on the current CWA Section 303(d) list or the
21 Note that the sampling stations considered in the development of the understanding of current conditions for surface water quality are
mapped in Appendix D.
Page 584
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-3
June 2023
Monitoring and Evaluation list for any constituents (WQCC 2021b) because the data were not previously
shared with WQCD; however, a comparison of observed data to applicable aquatic life water-quality
standards and interim nutrient criteria (WQCC 2020) indicates possible current in-reservoir concerns for
dissolved silver, water temperature, and total phosphorus.
Figure C-3. Dissolved Oxygen Profiles in Halligan Reservoir (2021)
Figure C-4. Observed Chlorophyll a Concentrations in Halligan Reservoir (2016 to 2019)
Page 585
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-4
June 2023
C.2 Seaman Reservoir
Current conditions in Seaman Reservoir are described in detail in Hydros (2021b) and briefly
summarized in this section. Seaman Reservoir is a 4,150 acre-feet,22 on-channel water supply reservoir
on the North Fork operated by the City of Greeley located 22 miles downstream of Halligan Reservoir.
The average annual residence time (2008 to 2019) is 45 days. Inflows to the reservoir primarily occur
during spring runoff and enter the reservoir via the North Fork. Because the reservoir is often full during
spring runoff, much of the spring runoff flow is passed through the reservoir and released to the North
Fork downstream. The reservoir is often drawn down during late summer and fall, and typically refills by
December. Water is released from outlet works at the bottom of the reservoir dam when pool levels are
below the spillway. Seaman Reservoir stratifies in the summer each year, with stratification typically
beginning early April or May and lasting until fall turnover in September or October. At times, water
quality below Seaman Reservoir has negatively impacted aquatic life, including a fish kill in August 2018
(Battige 2018).
Anoxia (0 mg/L DO) is routinely observed in the hypolimnion of Seaman Reservoir during summer
stratification (for example, Figure C-5), and the reservoir also periodically exhibits metalimnetic DO
minima (caused by the decay of settling organic matter; for example, the profile on June 25, 2019 on
Figure C-5). The seasonal reducing conditions in the hypolimnion cause internal release of nutrients and
metals from the reservoir sediment. Summer chlorophyll a concentrations are typically below 20 µg/L,
but major blooms have also occurred. For example, a cyanobacteria bloom occurred in 2012 exhibiting a
peak observed chlorophyll a concentration of 183 µg/L, and another bloom occurred in 2017, with a
peak observed chlorophyll a concentration of 100 µg/L.
Figure C-5. Example Dissolved Oxygen Profiles from Seaman Reservoir, 2019
22 Recent (2016) bathymetric surveys performed by TetraTech indicate the reservoir capacity is approximately 4,150 acre-feet, suggesting the reservoir
has lost approximately 850 acre-feet of storage to sedimentation since reservoir construction in 1941 (TetraTech 2018).
Page 586
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-5
June 2023
Comparison of observed data from Seaman Reservoir to applicable aquatic life water-quality standards
(WQCC 2021a) indicates concerns with DO and temperature. In 5 of 11 years from 2008 to 2019, DO
concentrations were observed below the standard in the mixed layer following fall turnover (for
example, the profile on September 23, 2019 on Figure C-5). Seaman Reservoir is currently on the CWA
Section 303(d) list for DO (WQCC 2021b). There are also two years in the recent record (2017 and 2018)
that show temperatures in the mixed layer exceeding the applicable standard at a time when no
adequate refuge for fish existed at greater depth (e.g., 7/10/18 in Figure C-6).23 Given the anoxic
conditions in the hypolimnion during stratification and the bottom releases during summer, there may
also be issues relative to the aquatic life sulfide standard in and immediately below the reservoir,
though there are no sulfide data24 to verify this concern.
Figure C-6. Example Profile Pair from Halligan Reservoir Showing Temperature Exceedance and No
Adequate Refuge; July 10, 2018
Finally, observed data from Seaman Reservoir suggest concerns relative to the interim nutrient criteria
values (WQCC 2020) for chlorophyll a, total nitrogen, and total phosphorus. While the interim criteria
values have not been adopted as standards for the reservoir, concentrations in excess of the interim
values are observed in more than half of the years of record from 2008 through 2019.
23 Adequate refuge refers to layers in the water column where both temperature and dissolved oxygen are within their respective standards.
24 Note that the standard applies to undissociated sulfide, and there are no undissociated sulfide data.
Page 587
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-6
June 2023
C.3 North Fork
Current conditions for surface water quality on the North Fork are discussed in detail in Hydros (2021b,
2022a, and 2022c) and summarized in this section. Water quality on the North Fork from Halligan
Reservoir to the confluence with the Main Stem is influenced by releases from Halligan and Seaman
Reservoirs, as well as seasonally by inflow water quality of tributaries and groundwater in the Livermore
Valley. Concentrations of many constituents tend to peak during spring runoff. There is notable
attenuation for some constituents, including nutrients and some metals, along the approximately
22 river miles from Halligan Reservoir to Seaman Reservoir, particularly in summer and winter months
(outside of the high-flow spring runoff period).
Current aquatic life water-quality concerns on the North Fork relative to standards are limited to
dissolved silver and water temperature. Additionally, CPW has expressed concern regarding total iron
concentrations, specifically below Halligan Reservoir, indicating that CPW believes the existing standard
is not adequately protective of aquatic life. Note that this iron aquatic life standard concern is specific to
CPW, and WQCD intends to focus on the existing aquatic life iron standard for the purposes of CWA
Section 401 water quality certification. Finally, there is an existing total maximum daily load (TMDL) for
sediment on the North Fork. The following paragraphs provide additional discussion regarding current
conditions on the North Fork for dissolved silver, water temperature, total iron, and sediment.
C.3.1 Dissolved Silver
Dissolved silver in the North Fork is on the current CWA Section 303(d) list (WQCC 2021b) because it
exceeds the hardness-based standard in some years (during spring runoff when hardness tends to be
low). Observations above standards are most frequent in the reaches above and below Halligan
Reservoir, though exceedances also occur farther downstream (Figure C-7). The timing and spatial
distribution in the silver data indicate that it is mobilized from the watershed by runoff. There are no
known metals mining or industrial activities in the watershed that could serve as an anthropogenic
source of the observed silver. Further, the extensive Halligan Reservoir dataset indicates that there is no
evidence suggesting the occurrence of internal loading of silver within the reservoir (Hydros 2022c).
Figure C-7. Hardness across the North Fork, 2016-2019
Page 588
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-7
June 2023
C.3.2 Water Temperature
Current conditions for river temperature on the North Fork are discussed in detail in Hydros (2021d) and
summarized in this section. The reach of the North Fork below Seaman Reservoir is currently on the
CWA Section 303(d) list for temperature (WQCC 2021b); however, observed data indicate that there are
consistent issues relative to both the acute and chronic temperature standards across most of the North
Fork in summer months, typically July through September. There are no issues on the North Fork
relative to temperature standards outside of summer months with two exceptions. First, there are
occasional fall shoulder season issues below Seaman Reservoir, with conditions exceeding the acute and
chronic temperature standards in early November in some years. Second, sharp changes in water
temperature can occur downstream of the Halligan Reservoir dam (that is, thermal shock) at times when
the reservoir is thermally stratified and reservoir outflows switch from spilling of warmer water over the
dam to bottom releases of cooler water (for example, July 2017; Figure C-8). Such cases of unnatural
thermal shock can adversely affect aquatic life.
Figure C-8. Example of Thermal Shock below Halligan Dam (NBH), 2017
Red circle indicates observed sharp drop in river temperature due to switch from spilling over dam to bottom
releases.
Issues relative to temperature standards generally increase from upstream to downstream on the
North Fork in the summer months, as illustrated in the example dataset from July 2019 on Figure C-9
and Figure C-10. Summer temperatures tend to be coolest immediately below Halligan Reservoir (NBH),
reflecting bottom release temperatures, though the chronic temperature standard is still exceeded in all
years of record at NBH, with typical months of concern being July, August, and/or September. The rate
of warming along the North Fork is strongly influenced by meteorological conditions and flow rate,
including the effects of the North Poudre Canal Diversion, a major diversion located 6 river miles
downstream of Halligan Reservoir. Summer warming of river water is tempered somewhat through the
Livermore Valley by inflows from tributaries and groundwater gains (refer to NBP), which can comprise
the majority of flow in the North Fork below Lone Pine Creek from July through September
(Hydros 2021a). Below Seaman Reservoir on the North Fork (refer to NF-PRU) water temperatures can
be lower than those immediately upstream of Seaman Reservoir (refer to NSR) in early summer (for
example, July), but the opposite pattern is observed in later summer and early fall. On the North Fork
Page 589
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-8
June 2023
below Seaman Reservoir, there are exceedances of both the acute and chronic summer standards in all
years of the observed record.
Figure C-9. Observed Weekly Average Temperatures across the North Fork on a Typical Summer Day
with Bottom Releases from Halligan Reservoir, 7/19/2019
°C = degree(s) Celsius
NBH, NFP, NPC, NCP, NSC, NBP, NEN, NSR, and NF-PRU are temperature sensor locations, and CS-II is the applicable
summertime temperature standard.
Weekly average temperature is a chronic temperature standard metric
Figure C-10. Observed Daily Maximum Temperatures across the North Fork on a Typical Summer Day
with Bottom Releases from Halligan Reservoir, 7/19/2019
Daily maximum is an acute temperature standard metric
C.3.2.1 Total Iron
Observed data indicate that there are no issues on the North Fork relative to the current aquatic life
standard for total iron (1,000 µg/L, assessed as an annual median); however, CPW has expressed
Page 590
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-9
June 2023
concerns that the existing standard is not adequately protective.25 CPW cites Cadmus et al. (2018),
indicating that the chronic iron standard should be on the order of 251 µg/L, based on mesocosm tests.
While Fort Collins acknowledges that revision of the aquatic life iron standard may be appropriate, the
251 µg/L value from Cadmus et al. (2018) is not directly comparable to field measurements of total iron.
Assertion of a disconnect between field measurements of total iron and the 251 ug/L value is based on
the following: Cadmus et al. (2018) arrived at the 251 µg/L value through mesocosm studies applying
ferric chloride, which results in colloidal iron in solution. This form of iron is not directly comparable (in
terms of effect on aquatic life) to iron bound in suspended sediments, which would be included in total
iron lab analyses from field samples.
Net loading calculations indicate that Halligan Reservoir is a sink for iron. Inflow concentrations of both
total and dissolved iron peak during runoff. Data indicate that internal loading of iron from sediments
occurs in Halligan Reservoir during summer stratification due to reducing conditions in the hypolimnion.
Further, observed data indicate that a chronic standard value of 251 µg/L would not currently be met
upstream or downstream of the reservoir, or within Halligan Reservoir. This is the case for chronic total
or dissolved iron at 251 µg/L at any depth level in Halligan Reservoir (Table C-2).
Table C-2. Median and 85th Percentiles of Total Iron and Dissolved Iron Data
Site Years of Record Total Iron Median[a]
(µg/L)
Dissolved Iron 85th
Percentile[a] (µg/L)
NDC (North Fork above Dale Creek) 2016–2021 799 487
NAH (Halligan Reservoir inflow) 2020–2021 660 341
Halligan, top 2016–2021 377 318
Halligan, bottom 2016–2021 778 412
NBH (below Halligan Reservoir) 2016–2021 622 357
[a] These metrics are shown because water quality standards are typically assessed by comparing the median (for
total metals) or the 85th percentile (for dissolved metals) of the data to the standard value.
While chronic concentrations of total iron below Halligan Reservoir are currently greater than 251 µg/L,
there is currently no site-specific indication of aquatic life impairment on the North Fork because of iron,
though observations to date are not definitive. There have been no observations of iron coating of
sediments below the reservoir,26 which is an expressed concern of CPW regarding inhibition of
periphyton growth, benthic macroinvertebrates, and early life stage development of fish eggs.
Unfortunately, because of confounding factors, there is no direct approach to definitively determine on
a site-specific basis whether there is current impairment below Halligan Reservoir because of iron.
Multiple known aquatic life stressors on the system, including temperature and low flow rates, could
confound interpretation of the cause of any observed impairment.
25 While CPW has expressed concerns with the existing aquatic life standard for total iron, WQCD has made it clear that the existing standards will be the
basis for analysis in the HWSP 401 Certification Application, and 251 ug/L will not be considered in that analysis as an aquatic life standard for total
iron.
26 Sampler observations are limited to the reach between the dam and NBH (the sampling location approximately 600 feet below the dam). While NBH is
relatively close to the dam, it is expected to be far enough downstream to observed iron coating issues because dissolved oxygen concentrations at
this location are consistently at saturation.
Page 591
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-10
June 2023
C.3.3 Sediment Total Maximum Daily Load
Currently, there is a sediment TMDL on the North Fork that extends from Halligan Reservoir dam to a
point 3.2 miles downstream. The TMDL was developed in 2002 (WQCC 2002) in response to a CWA
Section 303(d) listing of sediment for the reach because of a major sediment release event in 1996. The
sediment release event occurred at the time of a drawdown of the reservoir to allow for a safety
inspection of the dam and outlet structure. The 1996 sediment release resulted in severe adverse
impacts on fish and benthic macroinvertebrates in the North Fork in the 3.2 miles of river immediately
downstream of Halligan Reservoir.
There have been no observed damaging sediment releases from Halligan Reservoir since the 1996 event,
and recent data suggest sediment and aquatic life standards are currently being attained. Specifically,
pebble counts from 2020 indicate that percent fines are below the applicable threshold, and
macroinvertebrate data from 2019 and 2020 indicate that multimetric index values are above the
applicable attainment threshold. Macroinvertebrate data from 2020 also indicate that sediment
threshold indicator values (TIVSED) are below the applicable impairment threshold.
C.4 Main Stem
Water quality on the Main Stem over the approximately 60 river mile reach from the Munroe Canal
Diversion to the confluence with the South Platte River is influenced by many factors, including seasonal
snowmelt runoff, major tributary inflows, groundwater inflows, major diversions, treated wastewater
effluent, subsurface geology, and stormwater runoff. Current water-quality concerns on the Main Stem,
in terms of exceeding or approaching aquatic life standards, are limited to water temperature.
Additionally, observed concentrations of Total Nitrogen and Total Phosphorus are routinely above
interim nutrient criteria (WQCC 2020) in Segments 12a and 12b (from Prospect Road in Fort Collins to
the confluence with the South Platte River), though those criteria are not currently applicable standards.
Brief overviews of major temperature and non-temperature water-quality dynamics on the Main Stem
are provided in the following subsections. These discussions present major drivers of water-quality
response from upstream to downstream and provide information relevant to subsequent discussions of
anticipated Halligan Project impacts. Additional detail on spatial and temporal patterns and drivers of
water-quality in the Poudre River can be found in Hydros (2015, 2021a, 2021c, and 2021d).
C.4.1 Poudre River Temperature Dynamics
The Poudre River from the Munroe Canal Diversion to the Larimer County Canal (Segment 10a) is
currently on the CWA Section 303(d) list for temperature (WQCC 2021b) because of exceedances of the
chronic temperature standard. There are observations in excess of the chronic temperature standard in
summer months (July, August, and/or September) from the top of Segment 10a to just above the
Hansen Supply Canal inflow near the bottom of the segment. The frequency and magnitude of
exceedances of the chronic temperature standard increase from upstream to downstream across this
sub-reach of Segment 10a.
The rate of warming over Segment 10a above Hansen Supply Canal is exacerbated by major diversions,
the largest of which is the Munroe Canal Diversion. Inflows from the North Fork in this reach tend to be
notably warmer than the Main Stem during runoff months, summer months, and early fall. However,
the warming effect of the North Fork inflows on the Main Stem in summer months is limited, due to
relatively small flow rates from the North Fork. Finally, there is a dramatic shift in river temperature
below the inflow from Hansen Supply Canal near the bottom of Segment 10a (for example, Figure C-11
and Figure C-12). Hansen Supply Canal provides cooling water to the Main Stem, typically from May to
Page 592
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-11
June 2023
October, in volumes significant enough to sharply reduce river temperatures (Bartholow 1991 and
Hawley et al. 2014), averaging 42 percent of the flow in the river below its point of entry from July
through September (Hydros 2021a). The cooling effect often reduces temperature from above the
chronic standard to well below the chronic standard. As a result, stream temperatures on the Main Stem
are less sensitive to small changes in flow rates downstream of Hansen Supply Canal on Segment 10a
and through Segment 10b.
Figure C-11. Weekly Average Temperatures on Select Summer Days in 2018 across the Main Stem
Focus Reach
Location of Hansen Supply Canal (HSC) inflow noted
Figure C-12. Daily Maxima on Select Summer Days in 2018 across the Main Stem Focus Reach
Location of HSC inflow noted
Below Hansen Supply Canal, summer river temperatures tend to increase moving downstream through
Segments 10b and 11. The rate of warming is increased primarily by major diversions in Segment 10b.
While temperature standards tend to be met in Segment 10b, the chronic temperature standard in
HSC Inflow
HSC Inflow
Page 593
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-12
June 2023
Segment 11 (which was made more stringent in 2020) is routinely exceeded in summer months (July,
August, and/or September).
Farther downstream in Segments 12a and 12b, observed data exhibit no issues relative to acute or
chronic temperature standards. There is apparent warming in the Main Stem during summer months
(July, August, and September) near the upstream end of Segment 12a because of inflows from the Fossil
Creek Reservoir Outlet, which comprises a notable fraction of flow in the Main Stem immediately below
the outlet’s confluence with the river in summer months, averaging 15 percent of the flow from July
through September (Hydros 2021a).
Moving downstream of the Fossil Creek Reservoir Outlet, warming tends to be somewhat limited over
the remainder of Segments 12a and 12b (for example, Figure C-6 and Figure C-8). This is attributed to
the competing effects of warming from flow reductions by major diversions and cooling because of
groundwater return flows over the reach. Return flows include significant groundwater gains through
Segments 12a and 12b (Hydros 2021a). In these segments, groundwater tends to be cooler than the
river in summer months by 5°C to more than 10°C, providing a notable cooling effect on the river. There
is also a dampening of the diurnal temperature range across Segment 12a that is indicative of the
temperatures and magnitude of the groundwater inflows to the river (Hydros 2021a). There is an
apparent warming effect from Greeley wastewater treatment plant effluent (near the upstream end of
Segment 12b), typically observed in August and September; although temperature standards tend to be
met in the Main Stem below the effluent discharge location, temperatures routinely approach the
chronic standard. Downstream of the Greeley wastewater treatment plant, river temperatures exhibit
some cooling before entering the South Platte (for example, Figure C-6 and Figure C-8), reflecting
additional inflow of cooler groundwater.
C.4.2 Poudre River Non-temperature Water-quality Dynamics
There are currently no CWA Section 303(d) listings for aquatic life standards on the Main Stem from
Munroe Canal Diversion to the South Platte River, based on the most recent assessment of the Poudre
River in 2017 (WQCC 2021b). Still, to support consideration of potential effects of the Halligan Project, it
is important to understand several key drivers of water-quality in the Main Stem. A detailed conceptual
understanding of current water-quality dynamics on the Main Stem was developed based on observed
data and consideration of natural and anthropogenic flow patterns, geology, land use, point sources,
and non-point sources. Water-quality responses in the Main Stem follow many general patterns
expected for most river systems. For example, water quality in the Main Stem generally tends to
deteriorate from upstream to downstream, reflecting both natural and anthropogenic influences.
Additionally, as expected, nutrient and metals concentrations are observed to increase downstream of
treated wastewater effluent locations, particularly at times of lower flow in the Main Stem. This section
summarizes the observed influences of other current Main Stem water-quality drivers specific to the
Poudre River, including spring runoff, the North Fork, subsurface geology, and groundwater/agricultural
return flows. Additional information is available on patterns and drivers of the current water-quality
response across the Main Stem in Hydros (2015, 2021a, and 2021c).
Concentrations of some constituents on the Main Stem increase with seasonal spring runoff, including
iron (total and dissolved), aluminum (total), manganese (dissolved and total), suspended solids, and
mercury (total). This pattern reflects the mobilization of these constituents from the watershed and
riverbeds as a result of seasonal snowmelt. Many of these constituents also show elevated
concentrations in the Poudre River after wildfires and flooding. During spring runoff, the influence of
point sources and groundwater recharge are minimized because of the typically high flow volumes
associated with snow melt. While this water-quality pattern is notable in the observed record for many
Page 594
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-13
June 2023
constituents, there are no associated water-quality concerns relative to aquatic life standards that are
driven by this natural phenomenon.
The North Fork is a critical tributary for consideration of potential effects of the Halligan Project on the
Main Stem. While there are no CWA Section 303(d) listings at the mouth of the North Fork or on the
Main Stem below the North Fork for aquatic life standards (except temperature), water entering the
Main Stem from the North Fork tends to have higher concentrations of many constituents as compared
to water in the Main Stem upstream of the North Fork. These include dissolved solids, hardness, arsenic,
and sulfate. Additionally, the North Fork exhibits higher concentrations of ammonia, phosphorus,
nitrogen manganese, and iron on a seasonal basis, corresponding to the timing of stratification and
internal loading from sediments within Seaman Reservoir. These seasonally elevated concentrations on
the North Fork are typically observed from July through September/October, depending on the timing of
turnover in Seaman Reservoir. Currently, the North Fork comprises a seasonally variable fraction of flow
in the Main Stem below its confluence (Figure C-13), with relatively low percent contributions in
summer and early fall (7 percent to 25 percent) and higher percent contributions through the winter
months (30 percent to about 45 percent).
Figure C-13. Average Monthly Percentage of Flow from the North Fork on the Main Stem below the
North Fork Confluence (based on observed flows 2009–2018)
Varying subsurface geology across the Main Stem also plays a role in observed water-quality response.
From upstream to downstream over the focus reach of the Main Stem, the Poudre River passes through
several geologic zones that affect water quality in the river (Figure C-14). The most critical zones are the
Pierre Shale and Fox Hill Sandstone/Laramie Formation. From the lower half of Segment 10b through
Segment 11 and the upper half of Segment 12a (through both Fort Collins and Windsor), the bedrock
below the alluvium is comprised of low-permeability Pierre Shale, which can be a source of selenium to
the river. Farther downstream in the plains (downstream of Windsor in Segment 12a), the bedrock
Page 595
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-14
June 2023
changes to the overlying Fox Hills Sandstone and the Laramie Formations. These sedimentary
formations are less resistant to weathering and are notable sources of dissolved and particulate material
to the river. The effects of these geologic features are apparent in the observed water-quality data,
particularly outside of the snowmelt runoff season.
Figure C-14. Diagram of Geologic Zones of the Poudre River Main Stem Focus Reach
Finally, groundwater recharge and agricultural return flows are important drivers of water quality in the
Main Stem. Groundwater recharge typically comprises the majority of the flow in Segment 12a and
Segment 12b in all months outside of peak snowmelt runoff (Figure C-15). This reflects the stepwise
pattern across Segments 12a and 12b of major diversions reducing flow and groundwater recharge
replacing those flows. Agricultural return flows also make up a notable fraction of flow in the lower
portion of Segment 12a and in Segment 12b in the latter months of the irrigation season (typically
August through October; for example, Figure C-15). This pattern reflects both the increased extent of
shallow alluvium as well as the increased agricultural land use in the Lower Poudre River. Groundwater
recharge sources tend to increase total dissolved solids, nitrate, nitrite, arsenic, iron, and manganese
concentrations in the river. Agricultural return flows tend to increase organic carbon and nutrient
concentrations. The dominance of groundwater recharge and agricultural return flows in these reaches
effectively minimizes the influence of small changes to water quality in Segments 10a, 10b, and 11 on
water quality in Segments 12a and 12b.
Page 596
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan C-15
June 2023
Figure C-15. Poudre River Fraction of Flow by Source, 2016 Monthly Averages
Source: Hydros 2021
Page 597
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Appendix D
Water Quality Sampling Location Maps
Page 598
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan D-1
June 2023
Appendix D. Water Quality Sampling Location Maps
Figure D-1. Water-Quality Sampling Locations on the North Fork below Halligan Reservoir and its
Tributaries
Page 599
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan D-2
June 2023
Figure D-2. Macroinvertebrate and Pebble Count Sampling Sites on the North Fork
Page 600
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan D-3
June 2023
Figure D-3. Water Quality Sampling Locations along the Poudre River
Page 601
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan D-4
June 2023
Figure D-4. Temperature Gages along the North Fork and Poudre River
Page 602
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Appendix E
Parks and Wildlife Commissioner and Public Comment Summary
Page 603
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-1
June 2023
Appendix E. Parks and Wildlife Commissioner and
Public Comment Summary
This appendix summarizes the comments Fort Collins received on the Fish and Wildlife and Mitigation
Enhancement Plan (FWMEP) from the Colorado Parks and Wildlife Commission (Commission) and the
public. This appendix also highlights the changes Fort Collins made to the FWMEP based on the
comments received.
E.1 Commissioner Comments
On May 4, 2023, Fort Collins and Colorado Parks and Wildlife (CPW) staff presented the proposed
FWMEP to the Commission. Six commissioners provided comments and or asked questions during the
meeting. Commissioner comments provided in the next subsection are not verbatim but a summary of
what was stated. Fort Collins used the meeting recording and transcript to summarize the key points
from each commissioner.
Fort Collins has provided a response to each commissioner’s comments. During the meeting, Fort
Collins responded to some comments, or another commissioner responded to comments. During the
meeting, Fort Collins responded to some comments, or another commissioner responded to
comments. It is no ted within the commissioner comments where the questions were addressed during
the meeting. In addition, some commissioners had overlapping questions/concerns. In those instances,
Fort Collins has referenced the first time the question was addressed.
Commissioner Reading: Would like to see Fort Collins make it permanent that you remove sheep and
goats from your properties and strengthen the language in the document. And to put pressure on your
neighbors, especially The Nature Conversancy, to remove sheep and goats from their property.
Response to Commissioner Reading: Fort Collins has updated Section 5.2.3.1, Prohibition of
Domestic Sheep and Goat Grazing on City Owned Lands Near Halligan Reservoir, to permanently not
graze domestic sheep or goats for weed control or other purposes on any Fort Collins-owned lands
around Halligan Reservoir; enter into a grazing leases that would authorize others to graze domestic
sheep or goats on any Fort Collins-owned lands around Halligan Reservoir; or grant licenses to
convey easements authorizing domestic sheep or goats to graze on any Fort Collins-owned lands
around Halligan Reservoir.
Fort Collins has and will continue to have discussions with adjacent landowners about removing
domestic sheep and goats from their private property. To date, the conversations and negotiations
have been unproductive.
Commissioner Tutchton: The project is providing 8,000 acre-feet of water to fuel future sprawl and the
plan never actually looks at that impact. Instead we focus on the footprint of the project instead of what
the project is going to allow and probably what it took away, which was the agricultural lands that were
providing wildlife habitat.
Provide clarification about the protection of stream flows. It sounded like the flows would be maintained
unless Fort Collins had lawn watering restrictions. Once on, lawn watering restrictions the flows would
Page 604
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-2
June 2023
go away. I think there is room for improvement related to the protection of the summer and winter flows.
Commissioner Tutchton shares Commissioner Reading’s concerns about bighorn sheep. He believes Fort
Collins should get rid of sheep and goat grazing on their properties.
Preble’s meadow jumping mouse (Preble’s) sections completely defers to the US Fish and Wildlife Service
(USFWS). Whatever the USFWS decides will be legally required under their process. Look at including an
enhancement for Preble’s habitat.
Without the fourth water gage we cannot count the potential positive benefits to the river if we do not
know whether or not they exist. The water gage is critical to knowing whether or not there is an actual
benefit in that lowest reach before it hits the main stem.
Has Fort Collins considered on-site solar or small-scale hydro to replace the transmission lines?
Response to Commissioner Tutchton: The purpose and need of the project to provide
approximately 7,900 acre-feet of additional firm yield has been approved as part of the US Army
Corps Engineers (Corps) Environmental Impact Statement (EIS). This is projected to be the buildout of
the Fort Collins Utilities’ water service area, which has been carefully planned for several decades.
Fort Collins has clarified the language around the curtailment of the Winter Release Plan in
Sections 4.2.1.1 and 4.2.1.7. In Section 4.2.1.7, Water Supply Shortage Events and Curtailment
Measures, Fort Collins will consider its future water supply and demand conditions and operations
and the impacts to its water systems. Fort Collins commits to incorporating into its planning and
modeling the potential of operations that include continuing the Summer Low-flow Plan even during
greater water restriction levels. If appropriate and approved by City Council, Fort Collins will
incorporate into future policies that the Summer Low-flow Plan operations continue at some level
even during greater water restriction levels (particularly during restriction levels that allow lawn
watering). Fort Collins will coordinate with CPW on potential changes to these curtailment measures.
Removal of bighorn sheep from Fort Collins property is discussed in the response to Commissioner
Reading.
The USFWS Preble’s Mitigation Plan outlines several enhancement measures. At the request of CPW
staff information related to Preble’s was kept to a minimum in the FWMEP. Fort Collins has added
some additional text to Section 5.1.1.4, Channel Improvements and Modifications of the Calloway
Diversion to reflect that the changes to the Calloway Diversion also enhance Preble’s habitat
connectivity.
Fort Collins and CPW staff have worked together to find a solution related to a fourth gage above
Seaman Reservoir. Fort Collins will perform preconstruction surveys of the existing flow between the
existing Livermore gage and above Seaman Reservoir in different seasons to determine if there are
flow losses in this lower reach. Details of the preconstruction monitoring and any next steps will be
included in the intergovernmental agreement with CPW. Section 4.2.1.2, Summer Low-flow Plan, has
been updated to reflect this change.
The existing overhead power lines and poles need to be relocated out of the enlarged Halligan
Reservoir inundation zone. Fort Collins is considering other power options. However, alternative
Page 605
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-3
June 2023
power options are currently not part of the Corps EIS. Should Fort Collins choose to pursue an
alternative power source, the Corps will determine if an EIS reevaluation is necessary.
Commissioner May: Concur with other commissioners on the problem with the bighorn sheep
intermingling with domestic sheep and goats. Concerned that if we do not address that issue we’ll
be back here in a few years and hear about the loss of that herd.
Question: Is the current dam under any dam safety compliance order?
Answer given during meeting: Fort Collins responded to this question during the meeting
that the dam has passed inspections every year but will eventually need to be replaced.
Question: Will the current dam be removed or partially removed and inundated?
Answer given during meeting: Fort Collins responded to this question during the meeting that
it has not yet been determined and how it would likely happen if only partially removed.
Question: With the 5 cubic feet per second (cfs), will that be measured at just the diversions or at
Seaman Reservoir? 5 cfs is a very small amount of water. What is the guarantee that the water will
get all the way to the bottom?
Answer given during meeting: Fort Collins responded to this question during the meeting that
the 5 cfs is a commitment to provide that flow at those gages even if more than 5 cfs needs to be
released.
Commissioner May: Believes a stream gage at the very botom of the 22-mile stretch is important to
ensure a minimum flow.
Response to Commissioner May: Removal of bighorn sheep from Fort Collins property is discussed
in the response to Commissioner Reading.
Refer to the response to Commissioner Tutchton regarding the modified proposal to determine if a
fourth gage is necessary.
Commissioner Hasket: Wants to make sure that there is a strong collaborative effort with CPW related
to the continued recreation discussion. Commissioner Haskett is concerned that the recreation
component will be forgotten if it is not in the FWMEP. Commissioner Haskett would like to see it in the
FWMEP.
Response to Commissioner Hasket: Fort Collins and CPW have agreed to continue discussions
related to surface water recreational opportunities, primarily public angling, at the enlarged
Halligan Reservoir in a process separate from the FWMEP processes since the Halligan Project is not
impacting surface water recreation. Section 3.9.3, Evaluation of Future Public Use of the Enlarged
Halligan Reservoir, has been updated to include a commitment in an intergovernmental agreement
with CPW to continue discussion related to surface water recreation at the enlarged Halligan
Reservoir.
Commissioner Adams: Related to Commissioner Hasket’s comment about recreation. Is there a
potential role for one of regional partners to inform and participate around the collective ownership of
this effort?
Page 606
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-4
June 2023
What habitats/wildlife are losing water to supplement the reservoir for this project? Would like to
acknowledge where the water is coming from before it gets to the reservoir and how that is impacting
habitats.
Commissioner May: Answered Commissioner Adams questions during the meeting that he
understands the water rights that Fort Collins is using originally came from agricultural lands that Fort
Collins already converted and grew over and thus not directly impacting existing habitat.
Response to Commissioner Adams: Fort Collins will participate in any recreation discussions but will
defer to CPW staff recommendations on including CPW regional partners to inform and participate in
the discussions.
Commissioner Hauser: I would like to see a firm commitment that holds both sides accountable to
continuing the recreation discussion. Would like to see future updates on both the impact side and the
access side.
Response to Commissioner Hauser: Refer to the response to Commissioner Hasket regarding the
commitment to continuing the recreation discussion.
E.2 Public Comment Received by CPW
During the May 4, 2023 Commission meeting, two groups provided both verbal and writen public
comment on the FWMEP:
•Terry Meyers, Executive Director of the Rocky Mountain Bighorn Sheep Society (RMBS)
•David Nickum, Executive Director of Colorado Trout Unlimited (TU).
In addition to verbal comments, both groups submited writen comments to the Commission, which
were shared with Fort Collins. The writen comments mirror the verbal comments provided by both
groups. Copies of the RMBS and TU leters can be found in FWMEP Appendix F. RMBS and TU’s primary
concerns are listed below followed by a response from Fort Collins.
RMBS Concern: If a water guzzler or stock tank-type water sources are developed for bighorn sheep,
RMBS requests they be designed or placed to exclude domestic ruminants to reduce the potential for
pathogen transmission between domestic ruminants and bighorn sheep.
Fort Collins response to RMBS: Text in Section 4.2.3.18, Bighorn Sheep Habitat Improvements, was
softened to provide flexibility in how habitat improvement monies could be used.
RMBS Concern: Concern that the FWMEP does not provide specific actions that would be taken if
bighorn sheep are documented moving toward or even contacting domestic sheep or goats, or if
respiratory disease is detected in bighorn ship in the Lone Pine Herd.
Fort Collins response to RMBS: CPW has said that if there is confirmed exposure between domestic
sheep and bighorn sheep, the bighorn sheep in question will be euthanized. Text in Section 4.2.3.19,
Bighorn Sheep Collaring Study, has been updated.
RMBS Concern: The RMBS requests that actions be listed that could be implemented if respiratory
disease is detected in Lone Pine bighorn sheep or if contact with domestic sheep and/or goats appears
imminent or is confirmed.
Page 607
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-5
June 2023
Fort Collins response to RMBS: Adaptive management would be used to try and prevent domestic
sheep and bighorn sheep from comingling. Removal of domestic sheep from the area is preferred
but Fort Collins can only remove domestic sheep and goats from their properties. To date atempts
to temporarily or permanently have sheep removed from adjacent properties has been unsuccessful.
However, as discussed in Section 5.2.3.2, Advocate for Cessation of Domestic Sheep and Goat
Grazing on Private Lands Near Halligan Reservoir, Fort Collins will continue to engage with local
landowners to advocate for the both the temporary cessation of domestic sheep and goat grazing
during construction, as well as for the permanent cessation of domestic sheep and goat grazing near
the Halligan Project Area.
As part of the collaring study, CPW will also be performing disease testing at the beginning of each
phase of the collaring study. If CPW identifies a sick bighorn sheep that sheep will be culled from the
herd. CPW has said that if there is confirmed exposure between domestic sheep and bighorn sheep,
the bighorns will be euthanized to prevent disease transmission to other herds. Additional text
related to disease testing has been added to Section 4.2.3.19, Bighorn Sheep Collaring Study.
TU Concern: When modernizing North Poudre diversion structure, incorporate ability to measure
diversion and remove only what is needed, helping to rewater the 2 miles downstream.
Fort Collins response to TU: Once the North Poudre Canal Diversion structure is updated, the winter
and summer releases will be able to pass through the diversion. As discussed in Sections 4.2.1.1 and
4.2.1.2, an existing agreement with North Poudre Irrigation Company (NPIC) prohibits the winter and
summer low-flow releases from being diverted into the North Poudre Canal Diversion.
Fort Collins and NPIC have had discussion about limiting the amount of water being removed at the
North Poudre Canal Diversion to what is necessary since diversion structure will be designed and
rebuilt to allow NPIC to be more selective in the amount of water being diverted. However, NPIC has
indicated they would like to see how the enlarged Halligan Reservoir is operated before they commit
to a new operation approach.
TU Concern: Coordinate with NPIC to ensure effective implementation of flow commitments.
Fort Collins response to TU: As discussed in Section 4.2.1.1, Winter Release Plan, and
Section 4.2.1.2, Summer Low-flow Plan, Fort Collins has an existing agreement with NPIC that
prohibits the winter and summer releases being diverted into the North Poudre Canal Diversion. As
discussed in the previous response, the updated structure will have the ability to pass the flows. Fort
Collins will also be installing a gage in and or slightly downstream of the diversion to ensure the
appropriate flows are getting past the North Poudre Canal Diversion as discussed in Section 4.2.1.2,
Summer Low-flow Plan.
TU Concern: Maintain minimum flow releases when drought restrictions are in place for Ft Collins water
customers.
Fort Collins response to TU: Refer to the response to Commissioner Tutchton in Section E.1
Commissioner Comments.
TU Concern: Avoid winter exchanges on the mainstem Poudre that would undermine the benefits of
joint operating program releases intended to maintain overwintering habitat.
Page 608
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-6
June 2023
Fort Collins response to TU: The joint operating program between Fort Collins and the City of Greeley
is a program to release 10 cfs from upper Poudre River basin reservoirs mainly to provide flows in the
upper reaches of the Poudre River where Fort Collins and Greeley’s storage reservoirs are located. Use
of the Halligan enlargement winter exchanges by Fort Collins is critical to meeting its customers’
demands and other water rights obligations. These exchanges would reduce Greeley’s portion of the
joint operation releases of 7 cfs to 4 cfs in the.5-mile stretch between Fort Collins’ pipeline diversion
at Gateway Park to the North Fork confluence.
TU Concern: Focus investment of the $200,000 (per river) for restoration on the North Fork and
mainstem Poudre on sites/projects that will benefit public fisheries.
Fort Collins response to TU: Fort Collins has updated the text in Section 4.3.4, Compensatory
Mitigation for Halligan Project Impact on Stream Temperature, and Section 5.1.1.6, North Fork
Stream Restoration, to reflect Fort Collins and CPW commitment to use the funds within the
Main Stem, or North Fork, within or near the Halligan Project Area, including the North Fork above
Halligan Reservoir and for a restoration project that maximize the overall benefit to the public as well
as the aquatic and riparian ecological function.
TU Concern: Ensure that modifications at the Calloway Diversion do not result in opening up currently
protected riparian habitat to intrusion by livestock.
Fort Collins response to TU: The current design does include a breakaway fence to keep catle out of
Phantom Canyon. The details of the design are not included in the FWMEP since the City does not
have a contract with the landowner to complete the work at this time.
The existing fenced-off riparian area south of the canyon is outside of the footprint of the proposed
Calloway Diversion project and therefore would not be affected by the project.
TU Concern: Increase funding for a recreation lease along the North Fork upstream of Halligan
commensurate with the permanent loss of river fishing due to the proposed inundation.
Fort Collins response to TU: Due to the issues discussed in Section 3.9.1.1, Land Ownership, and
Section 3.9.2, Halligan Project Effect on Recreation and Public Access Fort Collins, is not proposing to
increase the amount of funding for the hunting and fishing lease discussed in Section 4.3.7.2,
Funding of Public Access Lease with Roberts Ranch. However, Fort Collins has agreed to continue
discussions with CPW to have public angling access to the enlarged Halligan Reservoir; refer to
Section 3.9.3, Evaluation of Future Public Use of the Enlarged Halligan Reservoir.
TU Concern: Establish an agreement in principle on how public angling access can be provided for
Halligan Reservoir.
Fort Collins response to TU: Fort Collins has agreed to continue discussions with CPW to have public
angling access at the enlarged Halligan Reservoir; refer to Section 3.9.3, Evaluation of Future Public
Use of the Enlarged Halligan Reservoir.
E.3 Summary of Public Comment Received by Fort Collins
Fort Collins chose to host a virtual open house from May 1 to May 15 for the public to review
information from the FWMEP. A virtual platform was selected because it allows the information to be
accessible longer and can be viewed on a smart phone, tablet, or computer at any time that is
Page 609
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-7
June 2023
convenient for the end user. The virtual public meeting consisted of approximately 40 virtual boards that
provided an overview of the project and highlighted the key mitigations and enhancements of the
FWMEP. The virtual open house also provided links to FWMEP, and the Draft EIS on the Corps website.
Fort Collins advertised the virtual open house through their Halligan Project and Utilities emails list, paid
for boosted posts on the Fort Collins Facebook page, and posted a notice on the Halligan Project website.
The boosted Facebook post received 859 clicks, 52 likes, and 11 comments. The Facebook comments
were not substantive and are not included here.
While the virtual open house was open the Fort Collins virtual open house site received over 894
visitors. Providing public comment was optional for visitors. However, only eight individuals choose to
provide public comments through the Google Form embedded in the virtual platform. The comment
form included two mandatory questions and one optional question. Mandatory questions required a text
response, which could have been as simple as placing an “x” in a box before submitting the form. The
questions on the comment form included:
1)Do you think the mitigation and enhancement measures provided are adequate? Please include
your thoughts.
2)Are there any additional or different mitigation and enhancement measures you would like to see?
3)Do you have other thoughts about the Halligan Water Supply Project? This question was optional for
participants.
A summary of the substantive comments can be found in Sections E.4 through E.6. Commenter quotes
are verbatim. Appendix F contains the full, unedited versions of the public comments.
Fort Collins also required participants to provide a postal zip code, as a way of tracking where the
comments were coming from. All but one zip code was from the Fort Collins or the Livermore Valley
area. Table E-1 shows the location and number of responses per zip code. The one exception was from
Comment ID 2, which provided a zip code of “Puerto Aventuras, Mexico.” The person’s comment
displayed a familiarity with the project area; therefore, the comments were retained.
Table E-1. Location of Halligan Project Virtual Public Meeting Participants
Zip Code Number of Responses
80521 2
80524 1
80525 2
80528 1
Puerto Aventuras, Mexico 1
E.4 Feedback on Question 1
Six of the commenters felt the mitigation measures being proposed in the FWMEP were adequate. Of
the two commenters that felt the FWMEP did not provide adequate mitigation and enhancement
measures only one, Comment ID 8, provides substantive comments. Fort Collins has summarized the
commenters four primary comments below. Appendix F contains the full comment.
Page 610
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-8
June 2023
Comment ID 8: The commenter notes the primary failing of the FWMEP is an “Adaptive Management
EIS.” The commenter also notes “Many of the measures in this plan seem ideally suited for ensuring that
the brown trout population thrives in the North Fork. Brown trout may be the single most important
factor driving down native fish populations.” Related to brown trout management, the FWMEP provides
“litle indication of how temperature release might be used to manage to support native fish
management” through releases from the multilevel outlet works (MLOW). Adaptive management is
needed for ramping rates, mitigation measures intended to enhance riparian habitat, and restore stream
habitat. What does "Adaptive management in response to environmental monitoring is indirectly
incorporated into some mitigation and enhancement measures…even mean in this context, especially for
MLOW and temporary environmental pool?” Lastly, “As the plan currently stands, there is litle in terms of
objectives beyond a hope/expectation that native fish and these other ecosystem components will
benefit. There is also no clear process for adapting over time; quite the opposite--many of the planned
actions are so ‘locked in’ that they could not be adjusted even if there was evidence that they were not
working.”
Response to Comment ID 8: Many of the mitigations proposed in this plan also have a regulatory
mechanism that defines their success. As permits have not yet been obtained, the specific of the
success criteria cannot be provided. In addition, if a mitigation is failing within the context of a
regulatory permit, the process must be adapted within the regulating agency framework. For items
where there is not a regulatory framework, such as with the bighorn sheep collaring study, Fort
Collins and CPW will continue to discuss the logistics, which will include some form of adaptive
management, related to this effort through the development of the intergovernmental agreement.
The term indirectly as it relates to the MLOW is outlined in Section 4.2.2.1, Multilevel Outlet
Structure, which states “an MLOW is not expected to be necessary from the perspective of aquatic
life mitigation efforts… [and is therefore] not a commitment in the FWMEP.” For the temporary
environmental pool, Fort Collins and CPW have not agreed to specific management objects beyond
what is stated in Section 5.1.1.1, Temporary Environmental Poll.
E.5 Feedback on Question 2
Three of the eight commenters indicated the measures provided are reasonable. One commenter
recommended the dam be removed. Comment ID 2 and Comment ID 3 are more general comments that
Fort Collins has responded to below. Comment ID 6 and Comment ID 8 provided substantive comments.
Comment ID 8 succinctly reiterated the comment theme from Question 1, which was addressed
previously; therefore, Fort Collins is not providing a response here, refer to the response provided in
Section E.4. Comment ID 6 provided four additional measures for consideration. Fort Collins has
summarized all the comments and provided responses. Appendix F contains the full comments.
Comment ID 2: Would like to see “Continued and improved per capita water use in Fort Collins.”
Response to Comment ID 2: Fort Collins has a strong commitment to water conservation and
continues to innovate, providing ongoing and relevant water efficiency support to the community.
Page 611
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-9
June 2023
The 2022 Water Conservation Annual Report,1 indicates that community gallon per capita per day is
down 34% since 2000; 173.3 million gallons of treated water was saved in 2022 (Fort Collins 2022).
Comment ID 3: “Curious if the greenback trout still exist and if they are part of the consideration?”
Response to Comment ID 3: Greenback cuthroat trout (Oncorhynchus clarkii stomias) reclamation
and reintroduction were considered for the North Fork, but restoration of greenback cuthroat trout
in Fish Creek and Dale Creek was part of that potential restoration plan. Refer to FWMEP
Section 4.1.2, Changes from the Draft EIS Conceptual Mitigation Plan, for more information on why
the concept of greenback cuthroat trout population restoration was ultimately dismissed.
Comment ID 6: Commenter indicated there is a bald eagle and golden eagle nests near the dam and
North Poudre Canal Diversion structure that could be impacted by construction. The impact to the
nesting and territory occupation needs more assessment and in particular avoidance of construction
activities prior to and during nesting. The increased flows of 3 and 5 cfs will help but still does not
approach the range of historical flows. “I encourage talking to CWCB to explore if their instream flow can
be used to enhance flows between Halligan and Seaman reservoirs.” The proposed ramping rates are too
short. Lastly, “The conservation easement on the Roberts Ranch does not allow for public recreational
access. Therefore the proposed lease for public hunting and fishing on the Krause Field would be a
violation of the easement. The Nature Conservancy (TNC) should be consulted before any steps are
taken on this proposal.”
Response to Comment ID 6: As outlined in Section 4.2.3.4, Migratory Bird and Raptor Surveys, Fort
Collins will be doing migratory bird and raptor monitoring every other year before construction to
collect baseline data. Prior to construction, surveys will be done to determine if there are any active
nests in the construction area. If nests are identified, Fort Collins will consult with CPW to determine
which measures from their buffer guidelines for nesting raptors would minimize any potential
adverse impacts from construction related activities.
As described in Section 4.3.8, Instream Water Rights, Fort Collins is commited to protecting the
project’s mitigations releases for approximately 22 miles downstream using the Protected Mitigation
Release statute (Colorado Revised Statutes Section 37-92-102[8]). Any additional future instream
flows provided by Colorado Water Conservation Board (CWCB) could be accommodated in the
Halligan Dam operations; however, Fort Collins is not aware of any such current or future CWCB-
protected instream flows.
The ramping rates proposed by Fort Collins and included in Section 4.2.1.5 Ramping Rate Limitations
of the FWMEP, have been developed by hydrologists, ecologists and geomorphologists to determine
the optimal rates to provide timing, frequency, magnitude and duration of flow to mimic a nature
flood cycle as best as possible given the constraints of the available water supply.
CPW has led the effort to obtain a hunting and fishing lease for Krause Field of the Roberts Ranch
Conservation Easement. Fort Collins is only providing funds to support an already existing hunting
and fishing agreement.
1 htps://www.fcgov.com/utilities/img/site_specific/uploads/23-25044-2022-water-
conservation-reportfinal.pdf?1685659564
Page 612
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan E-10
June 2023
E.6 Feedback on Question 3
Fort Collins received seven comments on this optional question. Five of the seven comments provided a
positive response to the project. One comment is a question related to future recreation. Two comments
express disappointment with the project. As the question is optional Fort Collins is not providing a
response to all the comments.
Comment ID 3: “Too early for access planning for fishing?”
Response to Comment ID 3: Fort Collins and CPW have agreed to continue discussions related to
recreational opportunities at Halligan Reservoir in a process separate from the current processes to
enlarge Halligan Reservoir and the FWMEP. Refer to Section 3.9.3, Evaluation of Future Public Use of
the Enlarge Halligan Reservoir.
Page 613
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Appendix F
FWMEP Virtual Open House Public Comments
Page 614
Item 19.
P.O. Box 349 • Clifton, CO • 81520-0349
May 4, 2023
Colorado Parks and Wildlife Commissioners
C/O Colorado Parks and Wildlife
6060 Broadway
Denver, CO 80216
RE: Halligan Water Supply Project Fish and Wildlife Mitigation and Enhancement Plan
Dear Commissioners:
Please accept the following comments on the Halligan Water Supply Project Fish and Wildlife Mitigation
and Enhancement Plan (mitigation plan) on behalf of the Rocky Mountain Bighorn Society (RMBS). The
RMBS is 501(c) (3) organization with a mission to promote the science-based management of the
bighorn sheep, educate the public about their life and habitat, and assure the sportsman’s rights in
proper opportunities.
The RMBS appreciates the thoroughness of City of Fort Collins and Colorado Parks and Wildlife staff in
recognizing potential impacts the Halligan Water Supply Project may have on the Lone Pine and other
nearby bighorn sheep herds, and the willingness of the City to mitigate those impacts. In addition, we
request a few improvements and clarifications be added to the mitigation plan.
Habitat Enhancement
The RMBS supports efforts to address invasive cheatgrass in order to improve bighorn sheep foraging
opportunities. However, we question the need for additional water sources given that bighorn sheep are
well adapted to dry western landscapes. There are several creeks and springs in the vicinity (Rabbit,
Lone Pine, North Fork of the Poudre, etc.). Moreover, stock tanks have been observed to bring bighorn
sheep in close contact with domestic ruminants which has resulted in suspected pathogen transmission
in some circumstances which may result in respiratory disease in wild sheep. If guzzler or stock tank type
water sources are developed for bighorn sheep, we request that they be designed or placed to exclude
domestic ruminants in order to reduce the potential for pathogen transmission between domestic
ruminants and bighorn sheep.
Construction Activity Mitigation
The RMBS is pleased to see that dust mitigation will be implemented during construction activities, as
dust is a respiratory irritant that may increase bighorn sheep susceptibility to respiratory diseases
including pneumonia. We also appreciate the willingness of the City of Fort Collins to compensate for
any bighorn mortalities during construction and for a two year period post-construction.
Page 615
Item 19.
2
We recognize the thorough discussion of potential displacement of bighorn sheep that may result in
contact with nearby domestic sheep and/or goats on private lands. The commitment to monitoring
bighorn sheep movements using GPS collar technology prior to, during, and post construction is
welcome and necessary. However, we do not see specific actions that would be taken if bighorn sheep
are documented moving toward or even contacting domestic sheep or goats, or if respiratory disease is
detected in bighorn within the Lone Pine Herd.
As acknowledged in the mitigation plan, in the event of respiratory disease in the Lone Pine herd,
dispersing bighorn sheep – especially rams traveling during the breeding season – may expose bighorn
sheep in the Lower Poudre herd. In addition, if the Lower Poudre herd sustains a respiratory disease
event, it is predictable that seasonal ram movements will spread pathogens to the Upper Poudre
bighorn herd and on to the Rawah bighorn herd and possibly to the Never Summer bighorn herd as well.
The RMBS requests that actions be listed that could be implemented if respiratory disease is detected in
Lone Pine bighorn sheep or if contact with domestic sheep and/or goats appears imminent or is
confirmed. In an effort to prevent or contain a respiratory disease outbreak, the RMBS would support
removal, including by lethal means, of bighorn sheep that have contacted domestic sheep or goats or
bighorn sheep that exhibit respiratory disease causing pneumonia.
Thank you for the opportunity to comment on the Halligan Water Supply Project Fish and Wildlife
Mitigation and Enhancement Plan. Please do not hesitate to reach out to me if you have questions or if
the RMBS can be of assistance in any way.
Respectfully,
Terry E. Meyers
Executive Director
Attachment:
Lone Pine Herd (S40) History and Status
The Lone Pine bighorn sheep herd is the result of a 1977 transplant of 19 bighorn from Trickle Mountain
(Vieira 2012). After the initial release, the herd grew rapidly, but by 1988 there were only an estimated
20 bighorn remaining (Bailey 1990, Vieira 2012). Since then, estimates have ranged from years with no
observed bighorn up to about 35 bighorn (Vieira 2012). There is no historical documentation of native
bighorn in the Lone Pine area or even in the Poudre Canyon (S1 and S58), although bighorn have long
been documented in the Rawah Range (S18) (Vieira 2012). The 2012 Poudre-Rawah-Lone Pine Herd
Management Plan (Vieira 2012) describes documented movement between the Upper Poudre (S1) and
the Rawah Range (S18), and suspected movements between Lone Pine (S40) and Lower Poudre (S58).
There is no reason to doubt there is some interaction, especially by rams, between the Upper Poudre
(S1) and Lower Poudre (S58) bighorn herds given the continuous canyon habitat.
Page 616
Item 19.
3
There is considerable potential for bighorn to contact domestic ruminants in the Lone Pine area. A large
band of domestic sheep graze one private parcel in spring to reduce larkspur before cattle are grazed
later in the summer. Domestic goat flocks occur on private land. Bighorn sheep have been seen in
proximity to cattle on private land. Cattle graze on Cherokee State Wildlife Area.
Literature Cited:
Bailey, J. A. 1990. Management of Rocky Mountain Bighorn Sheep Herds in Colorado. Colorado Division
of Wildlife Special Report Number 66. 24 pages.
Vieira, M. 2012. Bighorn Sheep Management Plan: Data Analysis Unit RBS-1 Poudre/Rawah/Lone Pine.
Colorado Parks and Wildlife.
https://cpw.state.co.us/thingstodo/Pages/HerdManagementPlans.aspx
Page 617
Item 19.
Trout Unlimited: America’s Leading Coldwater Fisheries Conservation Organization
Colorado Office: 1536 Wynkoop Street, Suite 320, Denver, CO 80202
PHONE: (303) 440-2937 WEB: www.coloradotu.org EMAIL: david.nickum@tu.org
May 17, 2023
To: Colorado Parks and Wildlife Commission
Re: Halligan Water Supply Project Draft Fish and Wildlife Mitigation and Enhancement Plan
Colorado Trout Unlimited and the Rocky Mountain Flycasters Chapter (collectively “TU”) appreciate
the opportunity to provide these written comments on the Draft Fish and Wildlife Mitigation and
Enhancement Plan for the Halligan Water Supply project (Plan). TU represents more than 11,000
members across Colorado including nearly 1,200 in the Rocky Mountain Flycasters Chapter serving
Fort Collins/Loveland and the surrounding areas. TU has been extensively involved in conservation
efforts throughout the Cache la Poudre basin, including work by the local chapter on the Eagle’s Nest
Open Space located along the North Fork of the Poudre downstream of the project.
TU appreciates the work that Colorado Parks and Wildlife (CPW) staff have done with the City of Fort
Collins in developing this plan to date and are supportive of many elements in the plan. We do see
some specific areas in need of further refinement, as outlined in our comments below, and look
forward to working with CPW and the City to address these concerns. In summary, our recommended
adjustments within the plan are:
When modernizing North Poudre diversion structure, incorporate ability to measure diversion
and remove only what is needed, helping to rewater the 2 miles downstream.
Coordinate with North Poudre Irrigation Company to ensure effective implementation of flow
commitments.
Maintain minimum flow releases when drought restrictions are in place for Ft Collins water
customers.
Avoid winter exchanges on the mainstem Poudre that would undermine the benefits of joint
operating program releases intended to maintain overwintering habitat.
Focus investment of the $200,000 (per river) for restoration on the North Fork and mainstem
Poudre on sites/projects that will benefit public fisheries.
Ensure that modifications at the Calloway diversion do not result in opening up currently
protected riparian habitat to intrusion by livestock.
Increase funding for a recreation lease along the North Fork upstream of Halligan
commensurate with the permanent loss of river fishing due to the proposed inundation.
Establish an agreement in principle on how public angling access can be provided for Halligan
Reservoir.
These recommendations are described further in our more detailed comments below.
Flow measures – North Fork. Base flows are the most critically limiting flow factor on the North
Fork between Halligan and Seaman Reservoirs, with periods of zero or near-zero flows hampering the
ability of trout and native fish species to survive and thrive in the river. Accordingly, we are
appreciative that the Plan addresses this problem by incorporating minimum flow commitments of 3
cfs (winter) and 5 cfs (summer). While these flows are less than a healthy minimum instream flow that
Colorado Trout Unlimited
Rocky Mountain Flycasters Chapter
of Trout Unlimited
Page 618
Item 19.
would be recommended for a stream of the North Fork’s size, a consistent base flow will represent
meaningful improvement from the status quo by eliminating zero flow days and helping to sustain and
refresh pools with holding habitat for fish.
TU applauds the City for its inclusion of a flushing flow program to bypass the projected three highest
flow days each year, along with ramping on the days prior to and following that three-day period. This
should help with some key ecological functions including flushing of sediment and providing riparian
vegetation with some spring saturation. We are especially impressed that the outlet has been designed
to accommodate release of these important peak flows up to 800 cfs; we anticipate that in most years
with peaks that would exceed that level, Halligan will fill and be spilling so as to provide a peak
flushing flow.
Similarly, we support the proposed ramping rates on releases to avoid impacts that more sudden flow
changes might otherwise create for fish downstream. In particular, we support gradual down-ramping
of flows when releases are being dropped so as to reduce the likelihood of fish becoming stranded in
habitats that will then be dewatered as flows continue to drop.
The City’s proposal to modify the existing North Poudre Irrigation Company diversion will facilitate
these flow programs, enabling controlled flow releases of the proposed 3 and 5 cfs minimums as well
as providing for fish passage at the diversion which currently serves as a barrier to fish movement.
This diversion has traditionally swept the river, with water run through a tunnel to a point at which
flows are measured and directed into the conveyance to NPIC users while excess flow is returned
through an overflow channel to the North Fork approximately two miles downstream from the
diversion. The City’s proposal will help return minimum flows to that impacted reach. We
recommend also exploring options for measuring diversions at the NPIC diversion structure
itself, so that water in excess of delivery needs is kept in the stream throughout rather than
removed for a two mile stretch of habitat. This could create further ecological lift and connectivity
on the North Fork without impairing delivery of NPIC’s water rights into their system.
On all of the proposed flow measures, ensuring the anticipated benefits will depend upon effectively
engaging NPIC as well given their involvement in operations of the historic pool portion of the
enlarged Halligan. The benefits of the flushing flow and ramping programs in particular will depend
upon such collaboration, or the benefits will be reduced or negated (especially downstream of the
NPIC diversion). We are hopeful that the City’s status as a major shareholder in NPIC will give them
sufficient influence to ensure such coordination across the full range of flow management efforts
included in this Plan. The success of this Plan is dependent upon the diligent compliance by all
relevant parties, without exception.
Finally, we are concerned that the City proposes that its flow commitments could be discontinued
during times when they are in first-stage drought restrictions – meaning that outdoor watering would
be limited to two days per week. That is a very modest level of drought restriction, more aligned with
what should be the norm for landscape irrigation during normal conditions, and we are concerned that
this loophole will significantly diminish the benefits being claimed under the Plan. Given the large
volumes of water associated with the peak flow bypass program, we can understand the need to forego
those commitments when in drought periods. However, we suggest that the minimum release
commitments should be maintained regardless of drought restriction status, or that an
exemption from those commitments be tied to more significant restrictions (such as a ban on
Page 619
Item 19.
outdoor watering). Given the low volumes involved with the base flow program, we would anticipate
the City’s water demands even under low or moderate drought restrictions would be sufficient to use
the base flow releases in meeting municipal needs.
Flow measures – mainstem Poudre. While the greatest flow impacts of the Halligan project take
place on the North Fork, the mainstem Poudre will also be impacted on the exchange reach when water
sent down the North Fork is exchanged up for diversion at the City’s upstream points of diversion. Key
low-flow challenges for the Poudre’s fishery include elevated summer temperatures and limited
overwintering habitat. To address the former, the Plan includes an agreement not to exchange up the
mainstream during key summer periods. However, no similar consideration is given to winter low-flow
impacts.
To address the concern of low winter flows throughout the mainstem Poudre, a joint operating program
has been in place for many years involving Fort Collins, Greeley, and the Water Supply and Storage
Company, each of which have significant reservoir facilities in the headwaters. Through this program,
releases are made to maintain 10 cfs so as to support appropriate overwintering habitat for the resident
fishery. TU would ask that the Plan add provisions to avoid exchanging up the mainstem against
those base winter releases under the joint operating program, thereby reducing that program’s
benefits to winter habitat.
Other fishery mitigation. The Plan includes provisions for mitigation and enhancement through
investment in two projects of $200,000 each toward habitat connectivity and/or restoration on both the
North Fork and the mainstem Poudre. We applaud this commitment, and TU hopes to work in concert
with CPW and the City in order to leverage these dollars further so as to increase the ultimate benefits
to stream habitat and fisheries. We recommend that the Plan note a priority for use of these funds
in locations that will benefit publicly-accessible fisheries. TU would welcome the opportunity to
partner with the City and CPW on these projects, drawing from its extensive volunteer base to expand
the impact of these investments.
TU applauds inclusion in the Plan of adjustments to multiple diversion structures so as to restore fish
passage and improve habitat connectivity within the watershed. Providing free up- and down- stream
movement for fisheries and other aquatic life contributes to the health of the watershed and increases
resiliency of aquatic species in the face of localized disturbances. We are pleased to see reconnection
of habitat at the North Poudre, Calloway, and mainstem Fort Collins diversions included. In the case
of Calloway, we note that the existing diversion blocks cattle intrusion into currently protected
upstream riparian habitats. We recommend that modifications at the Calloway diversion are
installed such that they do not open up that protected riparian corridor to intrusion by livestock.
Long-time members of TU in the region recall the disastrous sediment releases in 1996 that smothered
habitat and killed fish in the Phantom Canyon reach downstream of Halligan. We therefore appreciate
the City’s statement in the Plan that they will manage future sediment releases to occur in conjunction
with spilling of high flows, to provide for sufficient flows to transport any released sediment through
the downstream reaches.
The Plan acknowledges the need to further examine and address water quality in the context of 401
certification for the Halligan project. We note that the Rocky Mountain Flycasters Chapter TU is
collaborating with The Nature Conservancy this year to install a new water quality monitoring station
Page 620
Item 19.
in Phantom Canyon. We are hopeful that real-time data from that station can assist CPW and the City
in assessing baseline and future conditions so as to ensure that any adverse impacts to water quality
can be recognized and addressed.
Recreation. For years, anglers have enjoyed access on the North Fork above Halligan Reservoir
through the Cherokee State Wildlife Area (SWA). With existing access along approximately ¾ of a
mile lost to inundation under the Halligan project, we were pleased to see the Plan include provisions
for the City to help fund continued leasing of approximately a mile of water on the north side of the
North Fork, complementing the existing access on the south bank and helping to reduce potential for
inadvertent trespass or other use conflicts that might adversely effect fishing opportunity. However, the
proposed funding level toward an access lease ($135,000) is intended to cover 30 years at the existing
lease cost. As the loss of access to inundation is permanent, the mitigation provided should be
perpetual as well. We recommend that the Plan be modified to provide a level of funding
consistent with the market value of a permanent access easement for the reach; if a perpetual
agreement cannot be secured with the landowner, the funds should then be applied to other public
access in the basin that may be identified by CPW staff.
The Plan does not ultimately address the question of providing angling access to the enlarged Halligan
Reservoir itself, instead deferring that matter to future discussions. We recognize that specific details
must be addressed on how such access would be managed in a sustainable manner and avoid adverse
impacts on wildlife in the Cherokee SWA, for example by the continuation of existing closures to
protect wintering areas utilized by deer and elk. However, rather than deferring the question of access
entirely to the future – with no certainty that it will ultimately be addressed – CPW and the City should
at least define a process by which access will be provided. TU recommends that the Plan include an
agreement in principle to opening Halligan Reservoir to angling access, with recognition of the
stewardship needs for the City and CPW that will provide sideboards on how such access is
managed. Full details can then be resolved between CPW and the City in a manner consistent with
those guiding principles. We fear that without such an agreement, the potential public benefit of this
$157M investment via access to an excellent, nearby recreation destination will never be realized.
We appreciate the opportunity to comment, and look forward to working with the Commission, CPW
staff and the City to address these issues and refine the Plan in a manner that we hope can enjoy broad
public support.
Page 621
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan F-1
June 2023
ID Timestamp 1. Do you think the mitigation and enhancement measures provided are adequate? Please include
your thoughts.
2. Are there any additional or different mitigation and
enhancement measures you would like to see?
3. Do you have other thoughts about the Halligan Water
Supply Project?
Zip code of
residence.
1 5/2/2023
9:02:40
Yes, they sound like more than enough. If our biggest concerns are bighorn sheep, which the world
isn't running out of anytime soon, and a rare mouse, which no one even knows about, we're in great
shape. It's my understanding that there's debate about whether the mouse can even be classified as
its own species. In any case, if they can't survive the enlargement of one small reservoir, there was no
saving them to begin with. I'm glad we're keeping them in mind, but the animals will be fine. Most
will be better off it seems. Let's not lose the forest for the trees.
No, I do not think we need to add to our 170 pages of
mitigation and enhancement measures.
Let's get this show on the road! Couldn't be clearer that
this is a net gain for 95% of all stakeholders, including fish
and wildlife.
80528
2 5/8/2023
16:41:52
Yes Continued and improved per capita water use reductions in
Fort Collins.
Intentionally left blank. 80524
3 5/10/2023
17:03:15
Yes, appears to be the best idea with good planning I have not read the entire brochure, but I will ask my
question and see what response comes back. I know from
fishing in the streams above Halligan in my youth that there
is/was a population of greenback trout in Fish Creek,
maybe Dale Creek. Curios to know if they still exist and if so
are they part of the consideration? I managed a water
treatment project for the University of Colorado at the
Mountain Research Center and had the duty to protect the
breeding population of Como Creek Greenback Trout, mid
90s, so I know the trout preservation process and
watershed protection process is intense.
Too early for access planning for fishing? I used to hike into
the streams feeding Halligan and N Fork via Turkey Roost.
Once in a while would get a permit from Karl to fish
Phantom Canyon until Game and Fish flushed the dam and
filled the canyon with debris:)
Puerto
Aventuras,
Mexico
4 5/11/2023
8:10:11
No. Halligan Dam needs to be torn down. Halligan Dam needs to be torn down. The City must focus on water conservation and tear down
Halligan Dam.
80521
5 5/11/2023
21:10:58
Yes - thanks for all the work that went into addressing all the issues I cannot think of any. An excellent idea. Extremely low impact compared to
building a new dam in a different location on the steam.
Replaces a very old dam hopefully before it would fail.
Updating infrastructure that is this old is always a good
idea.
80525
Page 622
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan F-2
June 2023
ID Timestamp 1. Do you think the mitigation and enhancement measures provided are adequate? Please include
your thoughts.
2. Are there any additional or different mitigation and
enhancement measures you would like to see?
3. Do you have other thoughts about the Halligan Water
Supply Project?
Zip code of
residence.
6 5/12/2023
16:22:58
I support the following mitigation and enhancements measures:
Flows to reduce 0-water flow days.
Ramping up and down of flows and peak flow releases.
Increasing winter flows and summer flows.
The focus on aquatic native macroinvertebrates and small bodied native fish and rainbow trout.
Radio collaring and tracking of big horn sheep to determine movements to ensure increased
survival.
Fish passage projects and restoration of the stream segment upstream and downstream of the
Calloway diversion.
No public access on Halligan Reservoir.
Maintenance and improvement of PMJM habitat.
Managing construction activities to reduce impacts to wildlife and reduce expansion of non-native
weeds.
Redesign of the canyon diversion for the NPIC canal.
Additional monitoring stations.
Yes. I suggest the following.
A bald eagle nest is located 1/2 mile downstream in The
Nature Conservancy Preserve. The river and reservoir is
also used year round by bald eagles. I do not agree that
impacts will be negligible. Construction may cause the
bald eagle nest site to be abandoned and may also
interfere with foraging and territory occupation. This
needs more assessment and in particular avoidance of
construction activities prior to and during nesting.
Golden eagles nest upstream and downstream of the
NPIC canyon diversion. Reconstruction of the diversion
may impact golden eagle nesting and territory
occupation. This needs more assessment and in
particular avoidance of construction activities prior to
and during nesting.
3cfs winter flow is a very low and minimal flow offer.
This flow barely connects pools and barely helps
maintain dissolved oxygen levels. Any increase in winter
flows would provide higher survival rates for fish and
aquatic insects.
5cfs during the summer months will help, but still does
not approach the range of historic flows. I encourage
talking with CWCB to explore if their instream flow can
be used to enhance flows between Halligan and Seaman
reservoirs.
Ramping rates used in the past were most effective
when delivered over a 3-day period. This occurred via
the agreement between TNC and NPIC. 18 hours and 10
hours proposed are too short.
The conservation easement on the Roberts Ranch does
not allow for public recreational access. Therefore the
proposed lease for public hunting and fishing on the
Krause Field would be a violation of the easement. The
Nature Conservancy should be consulted before any
steps are taken on this proposal.
I support the City of Fort Collins being the sole operator of
a permitted new Halligan Reservoir. This will ensure all
parts of the mitigation and enhancement plan are carried
out as permitted.
80536
7 5/15/2023
11:01:11
Yes. An extensive amount of analyses has been performed and it seems apparent that the
environmental conditions along the North Fork of the Poudre and in other areas will be improved
with the construction of the Halligan Reservoir Supply Project.
The measures provided are extensive and reasonable as
presented and I do not believe additional measures are
necessary.
The project as presented should provide increased
reliability for the City of Fort Collins water supply system
with important mitigation and enhancement measures to
protect and improve the local fishery and wildlife
resources.
80525
Page 623
Item 19.
Halligan Water Supply Project – Final City of Fort Collins
Fish and Wildlife Mitigation and Enhancement Plan F-3
June 2023
ID Timestamp 1. Do you think the mitigation and enhancement measures provided are adequate? Please include
your thoughts.
2. Are there any additional or different mitigation and
enhancement measures you would like to see?
3. Do you have other thoughts about the Halligan Water
Supply Project?
Zip code of
residence.
8 5/15/2023
19:53:17
The planned measures are good but not adequate for the aquatic and streamside ecosystems. They
are inadequate because there is no assurance that the goals for these ecosystems will be achieved,
and there is no comprehensive adaptive management plan set up for learning and adjusting over
time. This is most obvious with the goals for small-bodied native fish, where notably:
BIGGEST ISSUE FOR WHICH ADAPTIVE MANAGEMENT EIS NEEDED: Many of the measures in this plan
seem ideally suited for ensuring that the brown trout population thrives in the North Fork. Brown
trout may be the single most important factor driving down native fish populations. Ensuring 3 cfs in
winter and 5 cfs ensures that there will always be sufficiently cool temperatures and sufficient oxygen
for brown trout to thrive. Creating connectivity across the current stream flow diversion structures
will allow the brown trout to roam at will; currently it is difficult for the brown trout to live
downstream of the NPIC structure, and any large browns that get caught below the structure cannot
travel back upstream. There is good reason to think that flow and diversion mitigation will make the
already strong brown trout population even stronger, and that this stronger population will have
even greater negative impact on the native fish.
The FWMEP says "Spawning of small-bodied native fish in the North Fork is temporally limited by
seasonal water temperatures. Species observed in the North Fork below Halligan Reservoir require
temperatures that range from 12 degrees Celsius (°C) to 29°C (Woodling 1985). Based on
temperature data analyzed from 2016 to 2020 (Hydros 2021d), the North Fork below Halligan
Reservoir currently maintains suitable spawning temperatures for small-bodied native fish from
approximately June to October." BUT, current temperatures below Halligan come nowhere close to
29 deg C, which per the above statement is "REQUIRED." It's actually probably not required that high,
but there is good evidence that the native populations would benefit from higher temperatures that
make trout uncomfortable. And in any case "current" isn't what matters; how the multi-level outlet
works will be managed is what matters, but there is little indication of how temperature of releases
might be managed to support native fish. (part of the issue here is that there is a commitment to
"aquatic life standards", which is a problem here because of the transition-zone status of this stream-
-what will be done to managing the conflict needs of the fish in this zone?)
Ramping rates are based on rough understanding of the ecosystem, and the 3-day duration is also a
guess. You don't know how this is going to play out actually. Adaptive management is needed.
Other mitigation measures intended to enhance riparian habitat for Prebles, restore stream habitat,
and restore/maintain riparian habitat generally are similarly problematic in the absence of adaptive
management.
The plan says, "Adaptive management in response to environmental monitoring is indirectly
incorporated into some mitigation and enhancement measures in the FWMEP, including the MLOW,
bighorn sheep collaring and mortality compensation, sediment management, and temporary
environmental pool measures." What does "indirectly" even mean in this context, especially for
MLOW and TEP? Adaptive begins with setting objectives, monitoring and learning over time, and
adjusting in response to learning. As the plan currently stands, there is little in terms of objectives
beyond a hope/expectation that native fish and these other ecosystem components will benefit.
There is also no clear process for adapting over time; quite the opposite--many of the planned actions
are so "locked in" that they could not be adjusted even if there was evidence that they were not
working.
Please require a clear, robust, outcomes-based adaptive
management plan. Also, include experts and stakeholders
outside Fort Collins and CPW.
Overall, I prefer this project to Fort Collins joining NISP.
That said, there is a huge missed opportunity to do right by
the river, and to be an example for all of Colorado and the
West.
As a Fort Collins resident, I expect the City to go above and
beyond in taking care of all the other species and
ecosystems that co-reside with us in and along the Poudre
River.
80521
Page 624
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
March 19, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Items Relating to Appointments to Various Boards and Commissions.
EXECUTIVE SUMMARY
A. Resolution 2024-032 Making Appointments to the Active Modes Advisory Board.
B. Resolution 2024-033 Making Appointments to the Affordable Housing Board.
C. Resolution 2024-034 Making Appointments to the Air Quality Advisory Board.
D. Resolution 2024-035 Making Appointments to the Art in Public Places Board.
E. Resolution 2024-036 Making Appointments to the Building Review Commission.
F. Resolution 2024-037 Making Appointments to the Citizen Review Board.
G. Resolution 2024-038 Making an Appointment to the Cultural Resources Board.
H. Resolution 2024-039 Making Appointments to the Disability Advisory Board.
I. Resolution 2024-040 Making Appointments to the Economic Advisory Board.
J. Resolution 2024-041 Making Appointments to the Energy Board.
K. Resolution 2024-042 Making an Appointment to the General Employees Retirement Committee.
L. Resolution 2024-043 Making Appointments to the Human Relations Commission.
M. Resolution 2024-044 Making Appointments to the Human Services and Housing Funding Board.
N. Resolution 2024-045 Making Appointments to the Land Conservation and Stewardship Board.
O. Resolution 2024-046 Making Appointments to the Natural Resources Advisory Board.
P. Resolution 2024-047 Making Appointments to the Parks and Recreation Board.
Q. Resolution 2024-048 Making Appointments to the Senior Advisory Board.
Page 625
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
R. Resolution 2024-049 Making Appointments to the Transportation Board.
S. Resolution 2024-050 Making Appointments to the Water Commission.
T. Resolution 2024-051 Making Appointments to the Women and Gender Equity Advisory Board.
U. Resolution 2024-052 Making Appointments to the Youth Advisory Board.
The purpose of this item is to fill vacancies on various Boards and Commissions.
In 2023, the City Council adopted a Code of Conduct and updated Boards and Commissions Policy, along
with other policies and procedures that apply to service on City boards and commissions. Each board and
commission appointee is required to acknowledge and accept these requirements in order to take
appointed office. Each Resolution provides that no person appointed may take office until they have
completed the required acknowledgement and acceptance of the Code of Conduct and the applicable laws
and policies that govern service on City of Fort Collins boards and commissions.
STAFF RECOMMENDATION
Staff recommends adoption of these Resolutions.
BACKGROUND / DISCUSSION
These Resolutions appoint 81 individuals to fill vacancies left from previous board and commission
members. These appointments will begin and expire as noted next to each recommended name shown
below and in each of the individual resolutions.
Active Modes Advisory Board
Appointments Term Effective Date Expiration of Term
Destiny Dominguez (Seat A) April 1, 2024 March 31, 2028
Cameron Phillips (Seat B) April 1, 2024 March 31, 2028
Tim Han (Seat C) April 1, 2024 March 31, 2028
Bruce Henderson (Seat D) April 1, 2024 March 31, 2028
Kristina Vrouwenvelder (Seat E) April 1, 2024 March 31, 2028
Wallace Jacobson (Seat F) April 1, 2024 March 31, 2026
Kat Steele (Seat G) April 1, 2024 March 31, 2026
Jared Hanson (Seat H) April 1, 2024 March 31, 2026
Kevin Krause (Seat I) April 1, 2024 March 31, 2026
Affordable Housing Board
Appointments Term Effective Date Expiration of Term
Claire Bouchard (Seat B) April 1, 2024 June 30, 2028
Liz Young Winne (Seat E) July 1, 2024 June 30, 2026
Josh Beard (Seat F) April 1, 2024 June 30, 2026
Vanessa Montoya (Seat G) July 1, 2024 June 30, 2026
Page 626
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
Air Quality Advisory Board
Appointments Term Effective Date Expiration of Term
Adam Schmidt (Seat A) April 1, 2024 March 31, 2028
Michael Johnson (Seat B) April 1, 2024 March 31, 2028
Jeremiah Gorske (Seat C) April 1, 2024 March 31, 2028
Kaori Keyser (Seat E) April 1, 2024 March 31, 2028
Michael Cheeseman (Seat F) April 1, 2024 March 31, 2026
Maria Moore (Seat H) April 1, 2024 March 31, 2026
Matt Ayres (Seat I) April 1, 2024 March 31, 2026
Art in Public Places Board
Appointments Term Effective Date Expiration of Term
Heidi Shuff (Seat F) April 1, 2024 March 31, 2026
Christopher Staten (Seat G) April 1, 2024 March 31, 2026
Building Review Commission
Appointments Term Effective Date Expiration of Term
Robert Poncelow (Seat F) April 1, 2024 March 31, 2028
Jeffrey Schneider (Seat G) April 1, 2024 March 31, 2028
Citizen Review Board
Appointments Term Effective Date Expiration of Term
Amy Hoeven (Seat B) April 1, 2024 March 31, 2028
Veronica Olivas (Seat F) April 1, 2024 March 31, 2026
Cultural Resources Board
Appointments Term Effective Date Expiration of Term
Leslie Walker (Seat F) April 1, 2024 March 31, 2026
Disability Advisory Board
Appointments Term Effective Date Expiration of Term
Jaclyn Menendez (Seat B) April 1, 2024 March 31, 2028
Kristin White (Seat F) April 1, 2024 March 31, 2026
Amber Kelley (Seat I) April 1, 2024 March 31, 2026
Economic Advisory Board
Appointments Term Effective Date Expiration of Term
Tim Cochran (Seat B) April 1, 2024 March 31, 2028
Page 627
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
Vallene Kailburn (Seat F) April 1, 2024 March 31, 2026
Chris Denton (Seat I) April 1, 2024 March 31, 2026
Energy Board
Appointments Term Effective Date Expiration of Term
Eric Shenk (Seat B) April 1, 2024 March 31, 2028
Wendell Stainsby (Seat F) April 1, 2024 March 31, 2026
Scott Canonico (Seat H) April 1, 2024 March 31, 2026
Frederick Wegert (Seat I) April 1, 2024 March 31, 2026
General Employees Retirement Committee
Appointments Term Effective Date Expiration of Term
Jackie Darner (Seat D) April 1, 2024 December 31, 2024
Human Relations Commission
Appointments Term Effective Date Expiration of Term
Beth Jaeger (Seat D) April 1, 2024 March 31, 2028
Rachel Bryan (Seat H) April 1, 2024 March 31, 2028
Human Services and Housing Funding Board
Appointments Term Effective Date Expiration of Term
Michael Kulisheck (Seat A) July 1, 2024 June 30, 2028
Lori Kempter (Seat B) July 1, 2024 June 30, 2028
Jan Stallones (Seat F) July 1, 2024 June 30, 2026
Christopher Coy (Seat H) July 1, 2024 June 30, 2026
Land Conservation & Stewardship Board
Appointments Term Effective Date Expiration of Term
Ross Cunniff (Seat B) April 1, 2024 March 31, 2028
Mark Sears (Seat F) April 1, 2024 March 31, 2026
River Mizell (Seat H) April 1, 2024 March 31, 2026
Jennifer Gooden (Seat I) April 1, 2024 March 31, 2026
Natural Resources Advisory Board
Appointments Term Effective Date Expiration of Term
Kelen Dowdy (Seat B) April 1, 2024 March 31, 2028
Sara LoTemplio (Seat C) April 1, 2024 March 31, 2028
Teagan Loew (Seat F) April 1, 2024 March 31, 2026
Page 628
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
Todd Simmons (Seat I) April 1, 2024 March 31, 2026
Parks and Recreation Board
Appointments Term Effective Date Expiration of Term
Joshua Durand (Seat B) April 1, 2024 March 31, 2028
Michael Novell (Seat F) April 1, 2024 March 31, 2026
Lorena Falcon (Seat H) April 1, 2024 March 31, 2026
John Mola (Seat I) April 1, 2024 March 31, 2026
Senior Advisory Board
Appointments Term Effective Date Expiration of Term
Debbie Bradberry (Seat A) April 1, 2024 March 31, 2028
Joseph Glomboski (Seat F) April 1, 2024 March 31, 2026
Sarah Schilz (Seat H) April 1, 2024 March 31, 2026
Karen Miller (Seat I) April 1, 2024 March 31, 2026
Transportation Board
Appointments Term Effective Date Expiration of Term
Emily Felton (Seat B) April 1, 2024 March 31, 2028
Edgar Peyronnin (Seat D) April 1, 2024 March 31, 2028
David Baker (Seat F) April 1, 2024 March 31, 2026
Lourdes Alvarez (Seat G) April 1, 2024 March 31, 2026
Alexa Nickoloff (Seat H) April 1, 2024 March 31, 2026
Amanda Finch (Seat I) April 1, 2024 March 31, 2026
Water Commission
Appointments Term Effective Date Expiration of Term
Nicole Ng (Seat E) April 1, 2024 March 31, 2028
Nick Martin (Seat F) April 1, 2024 March 31, 2028
Women and Gender Equity Advisory Board
Appointments Term Effective Date Expiration of Term
Emily Gallichotte (Seat A) April 1, 2024 March 31, 2028
Gina Maez (Seat B) April 1, 2024 March 31, 2028
Julie Trone (Seat C) April 1, 2024 March 31, 2028
Page 629
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
MK Irvine (Seat D) April 1, 2024 March 31, 2028
Jebrail Dempsey (Seat E) April 1, 2024 March 31, 2026
Kendall Stephenson (Seat F) April 1, 2024 March 31, 2026
Emily Fitzmeyer (Seat G) April 1, 2024 March 31, 2026
Youth Advisory Board
Appointments Term Effective Date Expiration of Term
Sophie Williams (Seat A) April 1, 2024 March 31, 2026
Scarlett Marske (Seat B) April 1, 2024 March 31, 2026
Vince Hochhalter (Seat C) April 1, 2024 March 31, 2026
Maia Turnbull (Seat D) April 1, 2024 March 31, 2026
Sam Milchak (Seat E) April 1, 2024 March 31, 2026
Ava Stone (Seat F) April 1, 2024 March 31, 2026
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City of Fort Collins website, media releases for earned coverage in local media sources, and social
media promotion of opportunities.
ATTACHMENTS
1. Resolutions for Consideration
2. 2024 Applications (in order by board)
Page 630
Item 20.
-1-
RESOLUTION 2024-032
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE ACTIVE MODES ADVISORY BOARD
A. The Active Modes Advisory Board has vacancies because it is newly
established.
B. Councilmembers interviewed candidates for this appointment on February
26, 2024, and February 29, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Active Modes Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required
to acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Active Modes Advisory Board with a term to begin and expire as noted
below next to each appointee’s name:
Active Modes Advisory Board
Appointments Term Effective Date Expiration of Term
Destiny Dominguez (Seat A) April 1, 2024 March 31, 2028
Cameron Phillips (Seat B) April 1, 2024 March 31, 2028
Tim Han (Seat C) April 1, 2024 March 31, 2028
Bruce Henderson (Seat D) April 1, 2024 March 31, 2028
Kristina Vrouwenvelder (Seat E) April 1, 2024 March 31, 2028
Wallace Jacobson (Seat F) April 1, 2024 March 31, 2026
Kat Steele (Seat G) April 1, 2024 March 31, 2026
Jared Hanson (Seat H) April 1, 2024 March 31, 2026
Kevin Krause (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 631
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 632
Item 20.
-1-
RESOLUTION 2024-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE AFFORDABLE HOUSING BOARD
A. The Affordable Housing Board has vacancies due to the expiration of
terms of certain members.
B. Councilmembers interviewed candidates for this appointment on February
21, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Affordable Housing Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required
to acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Affordable Housing Board with a term to begin and expire as noted
below next to each appointee’s name:
Affordable Housing Board
Appointments Term Effective Date Expiration of Term
Claire Bouchard (Seat B) April 1, 2024 June 30, 2028
Liz Young Winne (Seat E) July 1, 2024 June 30, 2026
Josh Beard (Seat F) April 1, 2024 June 30, 2026
Vanessa Montoya (Seat G) July 1, 2024 June 30, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 633
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 634
Item 20.
-1-
RESOLUTION 2024-034
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE AIR QUALITY ADVISORY BOARD
A. The Air Quality Advisory Board has vacancies due to the expiration of
certain member’s terms and the resignations of Greg Boiarsky, Gavin McMeeking, and
Sandra LeBrun.
B. Councilmembers interviewed candidates for this appointment on March 6,
2024.
C. The City Council desires to make appointment s to fill these vacancies on
the Air Quality Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Air Quality Advisory Board with a term to begin and expire as noted
below next to each appointee’s name:
Air Quality Advisory Board
Appointments Term Effective Date Expiration of Term
Adam Schmidt (Seat A) April 1, 2024 March 31, 2028
Michael Johnson (Seat B) April 1, 2024 March 31, 2028
Jeremiah Gorske (Seat C) April 1, 2024 March 31, 2028
Kaori Keyser (Seat E) April 1, 2024 March 31, 2028
Michael Cheeseman (Seat F) April 1, 2024 March 31, 2026
Maria Moore (Seat H) April 1, 2024 March 31, 2026
Matt Ayres (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 635
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 636
Item 20.
-1-
RESOLUTION 2024-035
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE ART IN PUBLIC PLACES BOARD
A. The Art in Public Places Board has vacancies due to the expiration of terms
of certain members.
B. Councilmembers interviewed candidates for this appointment on February
28, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Art in Public Places Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed o ffice.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Art in Public Places Board with a term to begin and expire as noted
below next to each appointee’s name:
Art in Public Places Board
Appointments Term Effective Date Expiration of Term
Heidi Shuff (Seat F) April 1, 2024 March 31, 2026
Christopher Staten (Seat G) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 637
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 204
Approving Attorney: Carrie Daggett
Page 638
Item 20.
-1-
RESOLUTION 2024-036
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE BUILDING REVIEW COMMISSION
A. The Building Review Commission has vacancies due to the expiration of
terms of certain board members.
B. Councilmembers interviewed candidates for this appointment on February
28, 2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Building Review Commission.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed o ffice.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Building Review Commission with terms to begin and expire as noted
below next to each appointee’s name:
Building Review Commission
Appointments Term Effective Date Expiration of Term
Robert Poncelow (Seat F) April 1, 2024 March 31, 2028
Jeffrey Schneider (Seat G) April 1, 2024 March 31, 2028
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 639
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 640
Item 20.
-1-
RESOLUTION 2024-037
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE CITIZEN REVIEW BOARD
A. The Citizen Review Board has vacancies due to the expiration of terms of
certain board members.
B. Councilmembers interviewed candidates for this appointment on March 6,
2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Citizen Review Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Citizen Review Board with terms to begin and expire as noted below
next to each appointee’s name:
Citizen Review Board
Appointments Term Effective Date Expiration of Term
Amy Hoeven (Seat B) April 1, 2024 March 31, 2028
Veronica Olivas (Seat F) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 641
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 642
Item 20.
-1-
RESOLUTION 2024-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE CULTURAL RESOURCES BOARD
A. The Cultural Resources Board has a vacancy due to the expiration of the
term of Leslie Walker.
B. Councilmembers Susan Gutowsky and Emily Francis interviewed a
candidate on February 22, 2024.
C. The City Council desires to make an appointment to fill this vacancy on the
Cultural Resources Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named person is hereby appointed to fill the open
vacancy on the Cultural Resources Board with a term to begin and expire as noted
below next to the appointee’s name:
Cultural Resources Board
Appointments Term Effective Date Expiration of Term
Leslie Walker (Seat F) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 643
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 644
Item 20.
-1-
RESOLUTION 2024-039
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE DISABILITY ADVISORY BOARD
A. The Disability Advisory Board has vacancies due to the expiration of terms
of certain board members.
B. Councilmembers interviewed candidates for this appointment on February
22, 2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Disability Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed o ffice.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Disability Advisory Board with terms to begin and expire as noted
below next to each appointee’s name:
Disability Advisory Board
Appointments Term Effective Date Expiration of Term
Jaclyn Menendez (Seat B) April 1, 2024 March 31, 2028
Kristin White (Seat F) April 1, 2024 March 31, 2026
Amber Kelley (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 645
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 646
Item 20.
-1-
RESOLUTION 2024-040
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE ECONOMIC ADVISORY BOARD
A. The Economic Advisory Board has vacancies due to the expiration of terms
of Mistene Nugent and John Parks.
B. Councilmembers interviewed candidates for this appointment on February
21, 2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Economic Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Economic Advisory Board with terms to begin and expire as noted below
next to each appointee’s name:
Economic Advisory Board
Appointments Term Effective Date Expiration of Term
Tim Cochran (Seat B) April 1, 2024 March 31, 2028
Vallene Kailburn (Seat F) April 1, 2024 March 31, 2026
Chris Denton (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 647
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 648
Item 20.
-1-
RESOLUTION 2024-041
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE ENERGY BOARD
A. The Energy Board has vacancies due to the expiration of terms of certain
board members.
B. Councilmembers interviewed candidates for this appointment on February
28, 2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Energy Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Energy Board with terms to begin and expire as noted below next to
each appointee’s name:
Energy Board
Appointments Term Effective Date Expiration of Term
Eric Shenk (Seat B) April 1, 2024 March 31, 2028
Wendell Stainsby (Seat F) April 1, 2024 March 31, 2026
Scott Canonico (Seat H) April 1, 2024 March 31, 2026
Frederick Wegert (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 649
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 650
Item 20.
-1-
RESOLUTION 2024-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE GENERAL EMPLOYEES
RETIREMENT COMMITTEE
A. The General Employees Retirement Committee has vacancies due to the
expiration of the terms of Jackie Darner and Del Bernhardt.
B. Councilmember Ohlson interviewed a candidate for this appointment on
March 9, 2024.
C. The City Council desires to make an appointment to fill this vacancy on the
General Employees Retirement Committee.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named person is hereby appointed to fill the open
vacancy on the General Employees Retirement Committee with a term to begin and
expire as noted below next to the appointee’s name:
General Employees Retirement Committee
Appointments Term Effective Date Expiration of Term
Jackie Darner (Seat D) April 1, 2024 December 31, 2024
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 651
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 652
Item 20.
-1-
RESOLUTION 2024-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE HUMAN RELATIONS COMMISSION
A. The Human Relations Commission has vacancies due to the expiration of
the terms of certain members.
B. Councilmembers interviewed candidates for these appointments on
February 28, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Human Relations Commission.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Human Relations Commission with a term to begin and expire as
noted below next to each appointee’s name:
Human Relations Commission
Appointments Term Effective Date Expiration of Term
Beth Jaeger (Seat D) April 1, 2024 March 31, 2028
Rachel Bryan (Seat H) April 1, 2024 March 31, 2028
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 653
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 654
Item 20.
-1-
RESOLUTION 2024-044
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE HUMAN SERVICES AND HOUSING FUNDING
BOARD
A. Vacancies currently exist on the Human Services and Housing Funding
Board due to the expiration of terms of certain members.
B. Councilmembers interviewed candidates for this appointment on February
21, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Human Services and Housing Funding Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Human Services and Housing Funding Board with a term to begin
and expire as noted below next to each appointee’s name:
Human Services and Housing Funding Board
Appointments Term Effective Date Expiration of Term
Michael Kulisheck (Seat A) July 1, 2024 June 30, 2028
Lori Kempter (Seat B) July 1, 2024 June 30, 2028
Jan Stallones (Seat F) July 1, 2024 June 30, 2026
Christopher Coy (Seat H) July 1, 2024 June 30, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 655
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 656
Item 20.
-1-
RESOLUTION 2024-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE LAND CONSERVATION
AND STEWARDSHIP BOARD
A. The Land Conservation and Stewardship Board has vacancies due to the
expiration of terms of certain members.
B. Councilmembers interviewed candidates for th ese appointments on
February 15, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Land Conservation and Stewardship Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Land Conservation and Stewardship Board with a term to begin and
expire as noted below next to each appointee’s name:
Land Conservation and Stewardship Board
Appointments Term Effective Date Expiration of Term
Ross Cunniff (Seat B) April 1, 2024 March 31, 2028
Mark Sears (Seat F) April 1, 2024 March 31, 2026
River Mizell (Seat H) April 1, 2024 March 31, 2026
Jennifer Gooden (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 657
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 658
Item 20.
-1-
RESOLUTION 2024-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE NATURAL RESOURCES ADVISORY BOARD
A. Vacancies currently exist on the Natural Resources Advisory Board due to
the expiration of terms of certain members.
B. Councilmembers interviewed candidates for this appointment on February
19, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Natural Resources Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed o ffice.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Natural Resources Advisory Board with a term to begin and expire as
noted below next to each appointee’s name:
Natural Resources Advisory Board
Appointments Term Effective Date Expiration of Term
Kelen Dowdy (Seat B) April 1, 2024 March 31, 2028
Sara LoTemplio (Seat C) April 1, 2024 March 31, 2028
Teagan Loew (Seat F) April 1, 2024 March 31, 2026
Todd Simmons (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 659
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 660
Item 20.
-1-
RESOLUTION 2024-047
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE PARKS AND RECREATION BOARD
A. Vacancies currently exist on the Parks and Recreation Board due to the
expiration of terms of certain members.
B. Councilmembers interviewed candidates for these appointments on
February 14, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Parks and Recreation Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Parks and Recreation Board with a term to begin and expire as noted
below next to each appointee’s name:
Parks and Recreation Board
Appointments Term Effective Date Expiration of Term
Joshua Durand (Seat B) April 1, 2024 March 31, 2028
Michael Novell (Seat F) April 1, 2024 March 31, 2026
Lorena Falcon (Seat H) April 1, 2024 March 31, 2026
John Mola (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 661
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 662
Item 20.
-1-
RESOLUTION 2024-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE SENIOR ADVISORY BOARD
A. The Senior Advisory Board has vacancies due to the expiration of terms of
certain board members and the resignation of Gabby Rivera.
B. Councilmembers interviewed candidates for this appointment on March 1,
2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Senior Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Senior Advisory Board with terms to begin and expire as noted below
next to each appointee’s name:
Senior Advisory Board
Appointments Term Effective Date Expiration of Term
Debbie Bradberry (Seat A) April 1, 2024 March 31, 2028
Joseph Glomboski (Seat F) April 1, 2024 March 31, 2026
Sarah Schilz (Seat H) April 1, 2024 March 31, 2026
Karen Miller (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 663
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 664
Item 20.
-1-
RESOLUTION 2024-049
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE TRANSPORTATION BOARD
A. The Transportation Board has vacancies due to the expiration of terms of
certain board members.
B. Councilmembers interviewed candidates for these appointments on
February 16, 2024.
C. The City Council desires to make an appointment to fill these vacancies on
the Transportation Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Transportation Board with terms to begin and expire as noted below
next to each appointee’s name:
Transportation Board
Appointments Term Effective Date Expiration of Term
Emily Felton (Seat B) April 1, 2024 March 31, 2028
Edgar Peyronnin (Seat D) April 1, 2024 March 31, 2028
David Baker (Seat F) April 1, 2024 March 31, 2026
Lourdes Alvarez (Seat G) April 1, 2024 March 31, 2026
Alexa Nickoloff (Seat H) April 1, 2024 March 31, 2026
Amanda Finch (Seat I) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 665
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 666
Item 20.
-1-
RESOLUTION 2024-050
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE WATER COMMISSION
A. The Water Commission has vacancies due to the expiration of the terms of
Jason Tarry and Kent Bruxvoort.
B. Councilmembers interviewed candidates for these appointments on March
4, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Water Commission.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Water Commission with a term to begin and expire as noted below next
to each appointee’s name:
Water Commission
Appointments Term Effective Date Expiration of Term
Nicole Ng (Seat E) April 1, 2024 March 31, 2028
Nick Martin (Seat F) April 1, 2024 March 31, 2028
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 667
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 668
Item 20.
-1-
RESOLUTION 2024-051
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE WOMEN AND
GENDER EQUITY ADVISORY BOARD
A. The Women and Gender Equity Advisory Board has vacancies because it
is newly established.
B. Councilmembers interviewed candidates for these appointments on
February 23, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Women and Gender Equity Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed o ffice.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Women and Gender Equity Advisory Board with a term to begin and
expire as noted below next to each appointee’s name:
Women and Gender Equity Advisory Board
Appointments Term Effective Date Expiration of Term
Emily Gallichotte (Seat A) April 1, 2024 March 31, 2028
Gina Maez (Seat B) April 1, 2024 March 31, 2028
Julie Trone (Seat C) April 1, 2024 March 31, 2028
MK Irvine (Seat D) April 1, 2024 March 31, 2028
Jebrail Dempsey (Seat E) April 1, 2024 March 31, 2026
Kendall Stephenson (Seat F) April 1, 2024 March 31, 2026
Emily Fitzmeyer (Seat G) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 669
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 670
Item 20.
-1-
RESOLUTION 2024-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE YOUTH ADVISORY BOARD
A. The Youth Advisory Board has vacancies that have been open for an
extended time.
B. Councilmembers Melanie Potyondy and Tricia Canonico interviewed
candidates for these appointments on February 29, 2024.
C. The City Council desires to make appointments to fill these vacancies on
the Youth Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Youth Advisory Board with their terms to begin and expire as noted
below next to each appointee’s name:
Youth Advisory Board
Appointments Term Effective Date Expiration of Term
Sophie Williams (Seat A) April 1, 2024 March 31, 2026
Scarlett Marske (Seat B) April 1, 2024 March 31, 2026
Vince Hochhalter (Seat C) April 1, 2024 March 31, 2026
Maia Turnbull (Seat D) April 1, 2024 March 31, 2026
Sam Milchak (Seat E) April 1, 2024 March 31, 2026
Ava Stone (Seat F) April 1, 2024 March 31, 2026
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 671
Item 20.
-2-
Passed and adopted on March 19, 2024.
______________________________
Mayor
ATTEST:
______________________________
Interim City Clerk
Effective Date: March 19, 2024
Approving Attorney: Carrie Daggett
Page 672
Item 20.
Page 673
Item 20.
Page 674
Item 20.
Page 675
Item 20.
Page 676
Item 20.
Page 677
Item 20.
Page 678
Item 20.
Page 679
Item 20.
Page 680
Item 20.
Page 681
Item 20.
Page 682
Item 20.
Page 683
Item 20.
Page 684
Item 20.
Page 685
Item 20.
Page 686
Item 20.
Page 687
Item 20.
Page 688
Item 20.
Page 689
Item 20.
Page 690
Item 20.
Page 691
Item 20.
Page 692
Item 20.
Page 693
Item 20.
Page 694
Item 20.
Page 695
Item 20.
Page 696
Item 20.
Page 697
Item 20.
Page 698
Item 20.
Page 699
Item 20.
Page 700
Item 20.
Page 701
Item 20.
Page 702
Item 20.
Page 703
Item 20.
Page 704
Item 20.
Page 705
Item 20.
Page 706
Item 20.
Page 707
Item 20.
Page 708
Item 20.
Page 709
Item 20.
Page 710
Item 20.
Page 711
Item 20.
Page 712
Item 20.
Page 713
Item 20.
Page 714
Item 20.
Page 715
Item 20.
Page 716
Item 20.
Page 717
Item 20.
Page 718
Item 20.
Page 719
Item 20.
Page 720
Item 20.
Page 721
Item 20.
Page 722
Item 20.
Page 723
Item 20.
Page 724
Item 20.
Page 725
Item 20.
Page 726
Item 20.
Page 727
Item 20.
Page 728
Item 20.
Page 729
Item 20.
Page 730
Item 20.
Page 731
Item 20.
Page 732
Item 20.
Page 733
Item 20.
Page 734
Item 20.
Page 735
Item 20.
Page 736
Item 20.
Page 737
Item 20.
Page 738
Item 20.
Page 739
Item 20.
Page 740
Item 20.
Page 741
Item 20.
Page 742
Item 20.
Page 743
Item 20.
Page 744
Item 20.
Page 745
Item 20.
Page 746
Item 20.
Page 747
Item 20.
Page 748
Item 20.
Page 749
Item 20.
Page 750
Item 20.
Page 751
Item 20.
Page 752
Item 20.
Page 753
Item 20.
Page 754
Item 20.
Page 755
Item 20.
Page 756
Item 20.
Page 757
Item 20.
Page 758
Item 20.
Page 759
Item 20.
Page 760
Item 20.
Page 761
Item 20.
Page 762
Item 20.
Page 763
Item 20.
Page 764
Item 20.
Page 765
Item 20.
Page 766
Item 20.
Page 767
Item 20.
Page 768
Item 20.
Page 769
Item 20.
Page 770
Item 20.
Page 771
Item 20.
Page 772
Item 20.
Page 773
Item 20.
Page 774
Item 20.
Page 775
Item 20.
Page 776
Item 20.
Page 777
Item 20.
Page 778
Item 20.
Page 779
Item 20.
Page 780
Item 20.
Page 781
Item 20.
Page 782
Item 20.
Page 783
Item 20.
Page 784
Item 20.
Page 785
Item 20.
Page 786
Item 20.
Page 787
Item 20.
Page 788
Item 20.
Page 789
Item 20.
Page 790
Item 20.
Page 791
Item 20.
Page 792
Item 20.
Page 793
Item 20.
Page 794
Item 20.
Page 795
Item 20.
Page 796
Item 20.
Page 797
Item 20.
Page 798
Item 20.
Page 799
Item 20.
Page 800
Item 20.
Page 801
Item 20.
Page 802
Item 20.
Page 803
Item 20.
Page 804
Item 20.
Page 805
Item 20.
Page 806
Item 20.
Page 807
Item 20.
Page 808
Item 20.
Page 809
Item 20.
Page 810
Item 20.
Page 811
Item 20.
Page 812
Item 20.
Page 813
Item 20.
Page 814
Item 20.
Page 815
Item 20.
Page 816
Item 20.
Page 817
Item 20.
Page 818
Item 20.
Page 819
Item 20.
Page 820
Item 20.
Page 821
Item 20.
Page 822
Item 20.
Page 823
Item 20.
Page 824
Item 20.
Page 825
Item 20.
Page 826
Item 20.
Page 827
Item 20.
Page 828
Item 20.
Page 829
Item 20.
Page 830
Item 20.
Page 831
Item 20.
Page 832
Item 20.
Page 833
Item 20.
Page 834
Item 20.
Page 835
Item 20.
Page 836
Item 20.
Page 837
Item 20.
Page 838
Item 20.
Page 839
Item 20.
Page 840
Item 20.
Page 841
Item 20.
Page 842
Item 20.
Page 843
Item 20.
Page 844
Item 20.
Page 845
Item 20.
Page 846
Item 20.
Page 847
Item 20.
Page 848
Item 20.
Page 849
Item 20.
Page 850
Item 20.
Page 851
Item 20.
Page 852
Item 20.
Page 853
Item 20.
Page 854
Item 20.
Page 855
Item 20.
Page 856
Item 20.
Page 857
Item 20.
Page 858
Item 20.
Page 859
Item 20.
Page 860
Item 20.
Page 861
Item 20.
Page 862
Item 20.
Page 863
Item 20.
Page 864
Item 20.
Page 865
Item 20.
Page 866
Item 20.
Page 867
Item 20.
Page 868
Item 20.
Page 869
Item 20.
Page 870
Item 20.
Page 871
Item 20.
Page 872
Item 20.
Page 873
Item 20.
Page 874
Item 20.
Page 875
Item 20.
Page 876
Item 20.
Page 877
Item 20.
Page 878
Item 20.
Page 879
Item 20.
Page 880
Item 20.
Page 881
Item 20.
Page 882
Item 20.
Page 883
Item 20.
Page 884
Item 20.
Page 885
Item 20.
Page 886
Item 20.
Page 887
Item 20.
Page 888
Item 20.
Page 889
Item 20.
Page 890
Item 20.
Page 891
Item 20.
Page 892
Item 20.
Page 893
Item 20.
Page 894
Item 20.
Page 895
Item 20.
Page 896
Item 20.
Page 897
Item 20.
Page 898
Item 20.
Page 899
Item 20.
Page 900
Item 20.
Page 901
Item 20.
Page 902
Item 20.
Page 903
Item 20.
Page 904
Item 20.
Page 905
Item 20.
Page 906
Item 20.
Page 907
Item 20.
Page 908
Item 20.
Page 909
Item 20.
Page 910
Item 20.
Page 911
Item 20.
Page 912
Item 20.
Page 913
Item 20.
Page 914
Item 20.
Page 915
Item 20.
Page 916
Item 20.
Page 917
Item 20.
Page 918
Item 20.
Page 919
Item 20.
Page 920
Item 20.
Page 921
Item 20.
Page 922
Item 20.
Page 923
Item 20.
Page 924
Item 20.
Page 925
Item 20.
Page 926
Item 20.
Page 927
Item 20.
Page 928
Item 20.
Page 929
Item 20.
Page 930
Item 20.
Page 931
Item 20.
Page 932
Item 20.
Page 933
Item 20.
Page 934
Item 20.
Page 935
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
March 5, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Josh Birks, Deputy Director, Sustainability Services Area
SUBJECT
Strauss Lakes Metropolitan Districts Conceptual Review Hearing.
EXECUTIVE SUMMARY
The purpose of this item is to conduct a Conceptual Review Hearing pursuant to the City Policy for
Reviewing Service Plans for Metropolitan Districts (Metro District Policy) to allow Council and members of
the public to provide preliminary comments in response to an applicant’s Letter of Interest so that the
applicant may better determine whether or not to submit a formal application and what a formal application
should include.
Metropolitan Districts (Metro Districts) must provide exceptional public benefits in a variety of categories to
gain Council approval. Staff evaluates the Metro Districts’ proposed public benefits guided by the current
2021 Council-approved Metro District Policy, which includes a score card related to housing and residential
development. The City’s Metro District Policy requires this Conceptual Review Hearing with Council to give
the applicant the opportunity to present its proposal and to seek feedback from Councilmembers and the
public about the proposed Metro Districts, which the applicant may use to determine whether to submit a
formal application.
Hearing Process Overview
The process for reviewing and considering approval of Metro Districts generally proceeds as follows:
1. Applicant submits Letter of Interest
2. Staff reviews Letter of Interest and provides an informal, non-binding response
3. Council Conceptual Review is conducted, where Council considers and discusses the public benefits
proposed in the Letter of Interest
4. If Applicant decides to proceed, Applicant submits formal application for Metro District(s) along with
Service Plan
5. Staff reviews application and Service Plan
6. Council Finance Committee reviews submittal and provides feedback to applicant
7. Council considers application and Service Plan at a public hearing
As stated in the Metro District Policy, if it so chooses to do so, Council may consider a motion at the
conclusion of the hearing to express its opinion whether the service plan of the Strauss Lakes Metro
Page 936
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
Districts, as proposed, should be brought forward to Council for its formal consideration. That motion may
also include any recommendations Council may have concerning what should or should not be included
in the applicant’s formal application. However, the Policy also clearly states that any such motion adopted
and any comments, suggestions, or recommendations made by any Councilmember concerning the
proposal will not bind or otherwise obligate any Councilmember or other City decision maker to any course
of conduct or decision in any subsequent formal application under the Policy. Sample motions are provided
below.
It should be noted that the Council is not required to adopt a motion related to the Metro Districts,
and the Conceptual Review Hearing is meant solely for Councilmembers to provide feedback on
the proposed Metro Districts and is not meant for the Council to comment on, or make specific
recommendation regarding, any development aspects that may later come to Council for review
and decision-making.
Strauss Lakes is a proposed mixed-use development at the northeast corner of Horsetooth Road and
Ziegler Road proposed by Cottonwood Land and Farms, LLC (“Cottonwood”). On February 5, 2024,
Cottonwood submitted a revised Letter of Interest outlining the public benefits to be provided by the
proposed Strauss Lakes Metropolitan Districts, pursuant to the City’s Metro District Policy. Staff finds the
applicant’s proposed public benefits generally conform with the requirements of the Metro District Policy,
however, all elements of the proposed public benefits will require additional analysis by staff to confirm
they meet the requirements of the Metro District Policy. Staff will provide a final assessment and
recommendation on the Strauss Lakes Districts upon formal submittal.
STAFF RECOMMENDATION
Staff recommends Council consider adopting a motion addressing whether Council believes the applicant’s
application for Council’s consideration of the service plan for Strauss Lakes Metro Districts, as proposed,
should proceed to Council for formal consideration.
Sample Motions:
I move that the City Council recommend to the applicant that it not proceed with its formal application
for Council’s consideration of the proposed service plan for the Strauss Lakes Metro Districts unless
that application includes the following: [Describe recommended modifications or additions to the formal
application].
I move that the City Council recommend to the applicant that it proceed with its formal application for
Council’s consideration of its proposed service plan for the Strauss Lakes Metro Districts.
BACKGROUND / DISCUSSION
Policy Context
Council adopted Resolution 2008-069 in July 2008 to establish policies and guidelines related to forming
and reviewing Metro Districts (2008 Policy). Metro Districts are a special district providing at least two types
of governmental services. Typically, developers form a Metro District to facilitate building, financing, and
maintaining infrastructure. A Metro District service plan is the document that authorizes the establishment
of a Metro District and grants to it the powers it may have t o issue debt, impose taxes and fees, construct
public improvements, and provide certain governmental services (Service Plan). The Service Plan for a
Metro District to be organized within the City must first be approved by Council. The 2008 Policy provided
that the City would not consider Service Plans that proposed Metro Districts to serve only residential
development, but instead would only consider Service Plans for “predominately commercial”
developments, meaning developments having an estimated assessed value for “non-residential uses” of
no less than 90% of the entire development.
Page 937
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
Since adopting the 2008 Policy, Council has adopted a series of amendments to this policy in 2018, 2019,
and 2021. With Resolution 2018-079, Council permitted consideration of Metro Districts that were
predominately residential. Residential Metro Districts must provide public benefits that are secured through
Public Benefits Agreements. Resolution 2018-079 also contained Model Service Plans that served as
templates for new Metro Districts. Resolution 2019-016 amended the Metro District Policy to refine the
Council approval process and add workforce and attainable housing as public benefits.
Council most recently adopted Resolution 2021-045 approving an amended Metro District Policy on April
20, 2021. This new Policy applies to Metro Districts where more than 10% of the estimated assessed value
of the project is residential. The application process includes an additional residential scorecard with
minimum requirements. Applications gain points by providing public benefits in a number of categories. As
part of this approval process, the new Metro District Policy requires a pre-application hearing with Council
called a “Conceptual Review”. This Conceptual Review hearing allows Council and members of the public
the opportunity to provide direction and feedback on the Metro District’s proposed public benefits prior to
submitting a formal application.
Pursuant to the Metro District Policy, the City may support the formation of a metro politan district where it
will deliver extraordinary public benefits that align with the goals and objectives of the City. In determining
whether the district delivers extraordinary public benefits, the City may consider:
1. Ways in which the proposed improvements exceed the City’s minimum requirements and standards
2. Ways in which the existence of the district facilitates the public benefits and whether the benefits are
feasible without the district
3. Ways in which the proposed extraordinary benefits work together as a system to deliver greater benefit
to the community than individually
4. Any other factors the City deems relevant under the circumstances.
In addition to requiring extraordinary public benefits, those districts proposed to serve predominately
residential development shall be evaluated under the Residential Metro Districts Evaluation Points System
table that is part of the City’s policy. The Residential Metro Districts Evaluation Points System applies to
Cottonwood’s proposed development. Ultimately, it is Council’s sole discretion whether or not to approve
proposed Metro Districts’ Service Plan.
Process Overview
The process for reviewing and considering approval of Metro Districts generally proceeds as follows:
1. Applicant submits Letter of Interest
2. Staff reviews Letter of Interest and provides an informal, non-binding response
3. Council Conceptual Review is conducted, where Council considers and discusses the public benefits
proposed in the Letter of Interest
4. If Applicant decides to proceed, Applicant submits formal application for Metro District(s) along with
Service Plan
5. Staff reviews application and Service Plan
6. Council Finance Committee reviews submittal and provides feedback to applicant
7. Council considers application and Service Plan at a public hearing
Staff received an initial Letter of Interest from the applicant on November 27, 2023. After reviewing the
Letter of Interest, the applicant team and Staff review team met to discuss Staff’s initial comments. Staff
compiled their comments and submitted a formal response to the applicant team on January 9, 2024. The
Page 938
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
applicant amended their Letter of Interest based on Staff feedback and submitted a revised Letter of
Interest on February 5, 2024.
It should be noted that the applicant has previously submitted a Letter of Interest, which was set for a
conceptual review hearing before Council on February 15, 2022. However, the applicant withdrew its
application and no hearing was held.
Development Overview
Strauss Lakes is a proposed mixed-use development of approximately 185 acres located at the northeast
corner of Horsetooth and Zeigler Road (the Property) in and immediately adjacent to Fort Collins city limits.
The majority of the subject property is not yet annexed into the City. As the applicant states in the Letter of
Interest:
”Cottonwood is proposing to redevelop the Property into a mixed-use development with a wide
variety of housing options. These options will include single family and multifamily homes offered
at a variety of price points including some affordable housing. In addition to housing, the proposed
development would include a diverse array of business and commercial uses. It will also increase
the community’s access to recreational opportunities, including multimodal transportation options.
Cottonwood is proposing a multiple metropolitan district structure to accommodate the diversity
of uses within the districts as well multiple planned phases of development. Cottonwood asserts
that the development will be economically feasible through a metropolitan district financing
structure.”
Letter of Interest
The applicant’s Letter of Interest contains all of the necessary sections in conformance with the Metro
District Policy. They also provided the required notices to the property owners and public as required by
the City’s policy.
According to the applicant’s Letter of Interest the Strauss Lakes Metro Districts will meet the requirements
of the evaluation scorecard in the following ways:
Page 939
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
Category Min.
Points
Required
Points
Expected
Proposed Public Benefits
Housing 5 5 1(B) Limit unit size – 3 points . 2(A) - 10%
affordable rental housing - 2 points
Energy Conservation and
Renewables
10 10 1(A) - DOE Zero Energy Ready (ZER) Home
Performance Path Certified with balanced
mechanical whole dwelling ventilation - 4
points (for both affordable and market) · 2(A)
Heat with electric heat – 2 points (affordable
only). 2(C) - Air-tight homes with balanced
whole dwelling ventilation with heat or
energy recovery - 1 point (market only) ·
2(E) - Installing qualified connected
thermostats - 1 point (both affordable and
market) . 2(F) Air source heat pump electric
water heater – 2 points (affordable only) ·
2(G) EV-installed charging for R-1 or R-2
occupancies – 1point (both affordable and
market) . 3(A) - Installing solar to meet 50-
75% of overall energy need - 3 points
(market only)
Indoor Water
Conservation
3 3 4(b) – Install leak detection and notification
system - 1 point · 4(C) - Sub-metering - 1.5
points . 4(D) Efficient plumbing design - .5
points
Outdoor Water
Conservation
7 7 5(A) - Efficient residential irrigation systems -
2 points · 5(B) - Water efficient landscaping
for residential front yards - 2 points · 5(C) -
Separate drip systems for trees within
parkways and medians - 2 points · 5(E) –
Stormwater Innovation- 1 point
Neighborhood Livability 5 5 1(A) - Off-site trail connections - 1 point ·
1(C) - Level 3 EV charging stations - 1 point
1(D) - Trail connection provided to a school -
1 point · 2(C) - Community gathering spaces
- 1 point · 3(A) - Access to parks & open
spaces - 1 point
Section 5 (Pg 8) of the Letter of Interest also addresses the overall Additional Public Benefits that
Cottonwood proposes to meet the baseline of providing community benefits, not just those related to
housing and residential development.
Staff Comments
As an important reminder, the scorecard above was provided by the applicant as a self-assessment and
does not reflect substantive analysis by City Staff. Additionally, Staff has not conducted formal
Development Review processes, as those processes are outside the scope of this Conceptual Review
Page 940
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
process and will occur at such time the applicant submits actual development proposals. The applicant’s
proposed means of accumulating points may meet the threshold requirements of the evaluation sys tem,
however, some areas of note include:
To achieve the points for providing solar energy to the development, Strauss Lakes will have to achieve
the energy generation targets for the development, not just certain phases of the development.
Staff will require more detail on the proposed air source heat pump water heaters to determine if
Strauss Lakes will score points.
As the project moves forward, Staff will want to understand the size, amenities and qualitative aspects
of each park and open space to ensure each qualifies as a park or open space. Additionally, Staff will
evaluate access through an equity lens to ensure all residents have equal access to parks and open
space through an interconnected system of sidewalks, trails, pedestrian bridges, and bike lanes.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Required notice was published, and a letter sent to the property owner.
ATTACHMENTS
1. Letter of Interest Resubmittal
2. Letter of Interest Response
3. Affidavit of Publication of Council Conceptual Review
4. Letter to Property Owner
5. Metropolitan District Policy with Exhibits A and B
6. Applicant Presentation
7. Staff Presentation
Page 941
Item 21.
1
February 5, 2024
City of Fort Collins
Attention: Kim Meyer, AICP, Principal Planner
Via Email: kimeyer@fcgov.com
LETTER OF INTEREST
Strauss Lakes Metropolitan Districts
Dear Ms. Meyer:
Our firm represents Cottonwood Land and Farms, LLC (“Cottonwood”) with respect to
its interest in organizing the proposed Strauss Lakes Metropolitan Districts (the “Districts”). As
required under Section 3.B. of the City of Fort Collins’s (the “City’s”) Policy for Reviewing
Service Plans for Metropolitan Districts (the “Policy”), Cottonwood submits this Letter of Interest
for the City’s review.
1. Summary Narrative of Proposed Development and District
Cottonwood currently owns approximately 185 acres at the northeast corner of
Horsetooth Road and Ziegler Road (the “Property”) in and immediately adjacent to the City,
which is proposed to be included in the Districts. In the past, the Property has been used for sand
and gravel mining, as well as a concrete batch plant. In conjunction with and supported by the
proposed Districts, Cottonwood is proposing to redevelop and change the use of the Property in a
way that will deliver significant community-wide benefits.
Cottonwood’s proposed development plans for the Property contemplate a mixed-
use development with a wide variety of housing options. Specifically, the development will include
a mix of high-quality single-family and multi-family residences that will be offered with a diversity
of price points accommodating both market rate attainable housing, as well as affordable housing.
The development will be made economically feasible through a metropolitan district financing
structure.
In addition to the housing outlined above, the mixed-use development proposed
would support a diverse array of business and commercial utilizations, including neighborhood
support service uses. Because Cottonwood’s goal for the development is to create a community
Page 942
Item 21.
2
where employment and housing options are harmoniously integrated, these business and
commercial uses would be intentionally developed to complement surrounding housing options.
The proposed development also represents a prime opportunity to increase the
community’s access to recreational opportunities as well as utilization of the City’s open space.
Multimodal transportation options will be highly emphasized. Cottonwood envisions transforming
the property into a walkable and bikeable community with multiple connections from housing,
business, and commercial uses to surrounding open spaces, community parks, and trail systems.
Cottonwood will collaborate with the City on trail and road connections to provide appropriate
access to these amenities, responsibly maximizing their use and beneficial impacts on the
community, including the possibility of making this area an alternative transportation hub for
residents with convenient bus access to and from the park and Colorado State University.
Cottonwood is proposing a multiple metropolitan district structure to accommodate
the diversity of uses within the Districts, as well as the multiple planned phases of development.
As detailed herein, Cottonwood anticipates that the Districts will conform to the City’s Model
Service Plan.
2. Sketch Plan – Please see attached Exhibit 1 for the current sketch plan.
3. Why Districts Are Needed
The development within the Districts (the “Project”) involves and necessitates
construction of significant public infrastructure, including, as an example, the reconstruction of
the intersection at Horsetooth and Zeigler and several bridges over the Fossil Creek Reservoir Inlet
Ditch (“FCRID”). Considering the extensive investment into public infrastructure required, the
Project would not be workable using solely private financing methods.
The organization of the Districts would enable the development to provide the
necessary capital infrastructure through the issuance of tax-exempt bonds for the Project. The
financing structures that the Districts may access to finance construction of the public
infrastructure make the Project as a whole economically feasible, including the additional public
benefits that are only included in the Project because of the Districts. Access to lower cost public
financing enables the provision of additional public improvements and extends the project’s
capability to provide valuable public benefits, as described in more detail below.
Additionally, in financing public improvements through metropolitan district
financing, residents and property owners of the Districts ultimately pay their proportionate share
of the public improvements over a 30-year period of time, as opposed to having those costs front-
loaded through lot prices or premiums, or through special assessments imposed by a master
homeowners’ association. Further, those property owners within the Districts itemizing their taxes
may be able to deduct their tax payments for the capital infrastructure on their individual tax
returns. Further, residents and business owners within the Districts will realize benefits through
the Districts, as opposed to a homeowners’ association or other entity, by means of: (1) enhanced
transparency and accountability above and beyond that which is required in the association
context; (2) the ability to collect operational revenues through taxes (resulting in the same
deduction benefits referenced above); and (3) lower, more cost-efficient operational costs.
Page 943
Item 21.
3
4. Explanation of Public Benefits and Satisfaction of Exhibit B Residential
Evaluation Points System
The planned development within the Project is anticipated to provide significant
public benefit to the City and the community at large. The dynamic mixed-use ecosystem
contemplated by Cottonwood would increase the number of employment opportunities available
in the City, as well as decreasing motor vehicle traffic as compared with the City’s more traditional
zoning designations because residents can work in the same community in which they live.
Cottonwood has also pledged to collaborate with the City on trail and road connections to provide
appropriate access to both the new recreation and open space amenities to be created on the
Property, as well as existing City resources in the vicinity.
In addition to the substantial public benefits provided by the critical public
infrastructure and extensive public improvements outlined above, the Project will also meet and
exceed the City’s Residential Evaluation Points System (“REPS”) requirements, as detailed
below. The development team is committed to achieving at least the minimum required points in
each category. However, potential design shifts are possible as the development team and builders
work with City staff through the development application process, which may require adjustments
among the categories REPS points.
a. Housing – 5 Points Required - 5 Points Expected
HOUSING (Points Required: 5)
Points Achieved
1. Housing Supply, Diversity, and Choice
A. 10% Home Ownership at <120% AMI --
B. Limit Unit Size for 20% single family homes 3
C. Accessory Dwelling Units (ADU's) --
2. Affordable Rental Housing
A. 10% Affordable Rental Housing 2
B. 10% Affordable Rental Housing that does not
utilize competitive funding sources --
Points Achieved 5
Housing Supply, Diversity, and Choice (3 Points). Cottonwood is working with its
homebuilder partners to ensure that 20% of the single-family homes within the Project will be of
limited size that will not exceed 2,200 square feet,1 and at least 5% of the attached or detached
single family units will fall within two of the City’s identified breakpoint ranges (currently
targeting 5% between 1,300 to 1,600 square feet and 5% between 1,600 and 2,200 square feet) (2
1 Consistent with industry standards that are reflected on the Larimer County Tax Assessor’s website, Realtor.com,
Zillow.com, and other realtor group publications, unfinished basements are not included in the density calculations
for allotted square footage that have been used by the applicant in preparation of this LOI. Please see Exhibit 2 for
additional information.
Page 944
Item 21.
4
points). Additionally, the housing units within the Project will meet the DOE Zero Energy Ready
(ZER) standard, earning the additional point under this category (1 point).
Affordable Rental Housing (2 Points). Cottonwood is exploring the conveyance of
approximately 7.5 acres of the Property to McDermott Properties LLC (“McDermott”).
Cottonwood anticipates this portion of the Property will be developed by McDermott to include at
least 10% of the total dwelling units for the Project as affordable rental units serving an income
average that does not exceed 60% AMI, as prescribed under the City’s affordable housing
regulations.
b. Energy Conservation and Renewables – 10 Points Required – 10 Points
Expected
ENERGY CONSERVATION & RENEWABLES (Points Required: 10)
Points -
Affordable
Builder
Points -
Market
Builder
1. Enhanced Energy Performance
A. DOE Zero Energy Ready (ZER) Home
Performance Path Certified with balanced
mechanical whole dwelling ventilation 4 4
B. OR HERS index of 47 or less without solar and
single family detached and attached dwellings
must achieve 2.0 or less ACH50 and provide
balanced mechanical whole dwelling ventilation -- --
C. OR Energy Rating Index (ERI) path single family
detached and attached dwellings must achieve
2.0 or less ACH50 with balanced mechanical
whole dwelling ventilation -- --
D. OR Net Zero Energy Home Performance Path -
HERS of 0 or less with balanced mechanical whole
dwelling ventilation -- --
2. Energy Components
A. Heat homes with efficient electric heat 2 --
B. Build to Passive House Standard -- --
C. Build airtight homes with balanced whole
dwelling ventilation with heat or energy recovery -- 1
D. District Heating and Cooling for Neighborhood -- --
E. Install qualifying connected thermostat 1 1
F. Install air source heat pump electric water
heater 2
G. Provide EV-Installed charging for buildings
containing R-1 or R-2 occupancies 1 1
3. Renewable
Page 945
Item 21.
5
A.Install % of total energy need in solar
(50/75/100%)-- 3
B.Smart storage and grid interactivity -- --
Points Achieved 10 10
Market Homebuilder Single-Family Product.
Cottonwood is in discussions with several market homebuilders to construct homes
within the Project. The homebuilder has indicated that it would be able to incorporate the following
Energy Conservation and Renewables benefits into the residential units it constructs within the
Project: (1) DOE Zero Energy Ready (ZER) Home Performance Path Certified with balanced
mechanical whole dwelling ventilation (4 points); (2) air tight homes with balanced whole
dwelling ventilation with heat or energy recovery (1 point); (3) qualifying connected thermostats
(1 point); and (4) installation of 100% of total energy need in solar (3 points).
Affordable and Other Product.
McDermott and Cottonwood have indicated that they would be able to incorporate
the following Energy Conservation and Renewables benefits into the residential units they
construct within the Project, including the affordable housing units: (1) DOE Zero Energy Ready
(ZER) Home Performance Path Certified with balanced mechanical whole dwelling ventilation (4
points); (2) heat homes with efficient electric heat (2 points); (3) qualifying connected thermostats
(1 point); and (4) air source heat pump electric water heater (2 points).
Project-Wide Benefits.
Additionally, Cottonwood and its building partners will provide EV-Installed
charging for 7% of the total parking spaces for buildings containing R-1 or R-2 occupancies,
earning an additional point under this category for the project as a whole.
c. Indoor Water Conservation – 3 Points Required – 3 Points Expected
4.Indoor Water * (Points Required: 3)
Points Achieved
A.WaterSense fixtures performing above code --
B.Install leak detection and notification system 1
C.Sub-metering 1.5
D.Efficient plumbing design 0.5
E.Indoor Water Use Innovation --
Points Achieved 3.0
Within the Project, Cottonwood and its building partners intend to satisfy the Indoor
Water REPS requirements with the following: (1) leak detection and notification systems (1 point),
(2) sub-metering for multifamily units throughout the development (1.5 points), and (3) efficient
Page 946
Item 21.
6
plumbing design through achievement of Section 3.3 of WaterSense New Home Specifications (1
point).
d. Outdoor Water Conservation – 7 Points Required – 7 Points Expected
5. Outdoor Water (Points Required: 7)
Points Achieved
A. Efficient Residential irrigation systems 2
B. Water efficient landscaping for residential
front yards 2
C. Separate drip system for trees within
parkways and medians 2
D. Common area water use
performing above code --
E. Stormwater Innovation 1
F. Rain barrels
G. Outdoor Water Use Innovation
Points Achieved 7
To meet the Outdoor Water REPS requirements, Cottonwood and its building
partners plan to include (1) efficient residential irrigation systems, including WaterSense certified
pressure reducing heads and weather-based irrigation controllers throughout the Project (2 points),
(2) water efficient landscaping for residential front yards, with an average of 10 gallons or less of
water usage per square foot, including high efficiency nozzles, flow sensors and master valves (2
points), (3) separate drip system for trees in all landscape areas (2 points), and (4) stormwater
innovation, including Low Impact Development, as defined and illustrated in the City’s LID
Implementation Manual (1 point).
Cottonwood acknowledges the City’s requirement that the Project treat 75% of the
stormwater it generates through filtration devices. Though the Project is still in preliminary design,
Cottonwood and its building partners plan to provide a high level of Low Impact Development
(LID) integration that exceeds the City’s requirement through the strategic utilization of the scale,
layout, and drainage patterns of the Property. Vegetated buffers and bioswale features along the
site perimeters will direct storm flows through LID features. Storm sewers will be limited to
conveying flows from roadways and building sites to the primary surface conveyance features,
such as bioswales. The mixed-use, apartment, and paired home project sites will treat runoff via
rain gardens, sand filters, permeable pavers, or similar LID methods on individual sites prior to
discharge. A mixture of permeable pavers and rain gardens on Townhome sites will coordinate
with planned vegetated buffers, bioswale, and rain garden features on the adjacent out lot and park
spaces to drain stormwater. Single family home lots will drain through vegetated buffers prior to
entering drainage swales or similar features. The overall approach plans to integrate the LID
features from the point sources through the project downstream to the detention facility and
discharge from the Property. Cottonwood will work closely to investigate and utilize the current
best management practices and LID techniques.
Page 947
Item 21.
7
e. Neighborhood Livability – 5 Points Required – 5 Points Expected
NEIGHBORHOOD LIVABILITY (Points Required: 5)
1. Transportation
Points Achieved
A. Off-site Trail Connection 1
B. Exemplary Bicycle and Pedestrian
Improvements --
C. Level 3 EV Charging Stations 1
D. Trail Connection provided to a School 1
E. Transportation Innovation --
2. Neighborhood Amenities
A. Access to Essential Neighborhood Services --
B. Vertical Mixed-Use Buildings --
C. Community Gathering Spaces 1
D. Community Workspace --
E. Common Areas Food Production --
F. Innovative Neighborhood Amenities --
3. Natural Environment
A. Access to Parks & Open Spaces 1
B. Enhanced Habitat --
C. Expansion of Adjacent Natural Habitat --
D. Innovation in Natural Environment
Protection --
4. Health, Culture & Education
A. Universal Design --
B. 0.5% for Arts & Culture --
C. Sustained Educational Programing --
D. Excellence in Community Engagement --
E. Health, Culture or Education Innovation --
Points Achieved 5
Cottonwood’s plans for the Project are anticipated to exceed the City’s REPS
requirements in the category of Neighborhood Livability. The Project is anticipated to include (1)
numerous off-site trail connections to the Poudre Trail and existing city trails, including trails along
William Neal and the two irrigation canals that run through the Project, as well as bike lanes on
Ziegler Road (1 point); (2) level 3 EV Charging Stations in the mixed-use area (1 point); (3)
connection to on-street and off-street trails to Fort Collins High School (1 point); (4) access to
essential neighborhood services in the mixed-use area (1 point); (5) vertical mixed-use buildings
anticipated in mixed use area (2 points); (6) community gathering spaces in the neighborhood
parks as discussed in more detail below (1 point); (7) and access to parks and open space through
East Community Park (1 point).
Page 948
Item 21.
8
The open space plan for the Project is one that the development team is very proud of. It has been
designed to ensure that every residential unit within the community is located within 1320 feet (a
five-minute walk) or less from at least one of the Project’s four parks. This design feature is
illustrated in Exhibit 3 to this submittal. The four parks within the Project will be the Silver Poplar
Park, Flatiron Pond Park, Morrison Park, and Pollinator Park, and the Project will include
numerous pedestrian and vehicular connections to the City’s East Community Park. Silver Poplar
Park, will be centrally located, and silver poplars will be propagated and incorporated prominently
into the landscape design. Flatiron Pond Park, a site that would qualify for fill and development,
would instead serve as an active recreation site for fishing, canoeing and paddle boarding, and
would include walking trails for residents and the general public. Morrison Park will be designated
for more passive recreation, while Pollinator Park will include plants and gardens that are intended
to support pollinator species within the community. Other qualitative aspects of the Open Space
Plan include a plaza/outdoor gathering space in mixed-use area, a number of tree-lined trails, and
intentional placement of landscape along streets with ornamental grasses, low water, and low
maintenance native plants as opposed to traditional turf in tree lawns.
5. Additional Public Benefits
In addition to the other public benefits mentioned above, all of which are synchronized
with Exhibit B of the City’s service plan policy, the Cottonwood has also, and through the
development of the Project, will deliver additional considerable Public Benefits that align with the
examples contemplated in Exhibit A of the City’s service plan policy. These examples include the
following:
Historical – Open Space, Parks, and Water
• Donation of the Strauss Cabin and surrounding property for preservation.
• Donation of 200+ acres of Open Space, now the Riverbend Ponds Natural Area.
• Donation of approximately 200 acres of Open Space, now the Running Deer Natural Area.
• Donation of 15 acres to the City. Now the Hageman Earth Cycle Operation.
• Bargain Sale and Donation of topsoil and fill material for the East Community Park.
Estimated total gift value of approximately $2,600,000.00.
• Coordination with the City on the removal of 700,000 yards of fill from the Rigden
Reservoir to maximize storage capacity. Estimated total cost savings to the City of
$1,800,000.00.
• Donation of access easements to the POE Natural Area and East Community Park.
• The Foothills drainage channel and Drake drainage channel conveyances to City.
Future – Environmental Sustainability
• District Wide DOE Zero Energy Ready (ZER) Home Performance Path Certified
compliance.
• Wider than required sidewalks and enhanced pedestrian crossings will be constructed
throughout the project including over the FCRID and Box Elder Ditches.
• Up to 9 new bridges will be constructed over the Foothills Drainage Channel, FCRID and
Box Elder Ditches, as well as removing and replacing the Horsetooth Road Bridge.
Page 949
Item 21.
9
• Multiple electric vehicle charging stations will be located in the development.
• Limit individual yards. Replacing them with individual xeriscape courtyards, low water
pocket parks and greenspaces (see additional detail below).
Future – Critical Public Infrastructure
• East Community Park access points through vehicle, bike and pedestrian connections.
• Contribute to the improvement of the Horsetooth and Zeigler intersection.
• Contribute to the improvement of Horsetooth Road east to the Box Elder Ditch so it meets
Larimer County Street standards. Including the Horsetooth FCRID bridge.
• Contribute to the improvement of Zeigler Road including signalization at the William Neal
Parkway intersection, and sidewalk improvements on the east side of Zeigler Rd.
• Construction of the Foothills Drainage Channel Auto/Bike/Pedestrian Bridge.
• Construction of a Bike/Pedestrian Bridge from the corner parcel to the east.
• Construction of a Bike/Pedestrian Bridge over FCRID along William Neil Parkway.
• Construction a multiple Bike/Pedestrian trails throughout the development to connect
subdivisions to the west of Zeigler Road to the East Community Park.
• Contribute to the improvement of trails to connect to the Poudre River Trail.
Future – High Quality and Smart Growth Management
• Alley loaded construction.
• Smaller lot size, including use by easement of neighbors’ lots.
• Live/Work units.
• Increased Multifamily Development and Attached Single Family homes.
• Wider than required sidewalks.
• Enhanced pedestrian crossings, trails, and bridges.
• Trail system enhancements.
• Improved bus stop on William Neal.
• Four parks along with multiple greenspaces throughout the development.
o Flatiron Pond Park (approximately 22 acres)
o Pollinator Park (approximately 1.5 acres)
o Silver Poplar Park (approximately 1.6 acres)
o Morrison Park (approximately 2.0 acres)
Future – Strategic Priorities
• Affordable Housing for AMI’s ranging from 30-60% at least 10% of the total developed
units.
• Consolidate wetlands.
• Facilitate job growth and sales tax.
6. Service Plan Specifics
Cottonwood anticipates that the Districts’ powers, purpose, and maximum mill
levies will conform to the corresponding provisions outlined in the City’s Model Service Plan.
Page 950
Item 21.
10
Likewise, the term of the Districts will conform to the parameters in the City’s Model Service
Plan. Cottonwood anticipates that one or more of the Districts will operate certain of the Public
Improvements not dedicated to other governmental entities, so such Districts would continue to
operate those Public Improvements until such operations are no longer necessary. The build-out
period for the Project is estimated to be 20 years. Cottonwood hopes to work with the City for
approval of the Districts’ Service Plan in time to proceed with an organizational election on
November 5, 2024. As mentioned above, the property within the Project is currently zoned
industrial, and development approvals related to re-zoning of the property for the Project are
proceeding through the City’s review processes concurrently with the City’s review of the
proposed Districts.
The Project will require significant public infrastructure, both off-site and on-site.
Based on current plans, and subject to revisions based on discussions with the City’s Planning and
Zoning team, on-site public infrastructure is anticipated to include water, storm and sanitary sewer,
streets, landscaping, parks, recreation, and trail improvements. Off-site improvements are expected
to include reconstruction of the Horsetooth and Zeigler intersection; demolition and replacement
of the Horsetooth Road; sidewalk and road improvements to Zeigler Road and Horsetooth Road;
construction of two additional bike and pedestrian bridges over FCRID; and construction of bike
and pedestrian trails connecting to the Poudre River Trail and to Rigden Farm. Based on current
plans, and subject to revisions based on discussions with the City’s Planning and Zoning team,
Cottonwood currently estimates the cost of the public improvements related to and required for
the Project will be approximately $92,482,466.95.
We appreciate the City’s time in reviewing this Letter of Interest and look forward to
answering any questions that you may have. Cottonwood will deliver to the City the Letter of
Interest Submittal Fee in the amount of $2,500 in conjunction with this submittal. Under the City’s
Policy, Staff is anticipated to provide a written response to the Letter of Interest within 30 days of
receipt of the Letter of Interest and related Fee. Please let us know as soon as possible if the City
anticipates that additional time may be needed. Should you have any questions or need any
additional information, please do not hesitate to contact us.
Sincerely,
Robert G. Rogers, Esq.
WHITE BEAR ANKELE TANAKA &WALDRON
Attorneys at Law
Enclosures
Page 951
Item 21.
11
Exhibit 1
Strauss Lakes Sketch Plan
Page 952
Item 21.
HORSETOOTH ROAD
(2 LANE ARTERIAL)
ZI
E
G
L
E
R
R
O
A
D
(2
L
A
N
E
A
R
T
E
R
I
A
L
)
WIL
L
I
A
M
N
E
A
L
P
A
R
K
W
A
Y
(
C
O
L
L
E
C
T
O
R
)
PERCHERON DRIVE (COLLECTOR)
PARCEL C
+/- 6.91 AC
PROPOSED ZONING: LMN
RIGDEN RESERVOIR
PARCEL D
+/- 4.73 AC
PROPOSED
ZONING: LMN
PARCEL E
+/- 3.45 AC
PROPOSED ZONING:
NEIGHBORHOOD
COMMERCIAL
PARCEL F
+/- 10.36 AC
PROPOSED ZONING: MMN
PARCEL G
+/- 6.82 AC
PROPOSED ZONING: LMN
PARCEL H
+/- 89.72 AC
PROPOSED ZONING: LMN
PARCEL I
+/- 15.95 AC
PROPOSED
ZONING: LMN
PARCEL A
+/- 22.65 AC
PROPOSED
ZONING: MMN
EAST COMMUNITY PARK
+/- 57.97 AC
FLATIRON POND
B
O
X
E
L
D
E
R
D
I
T
C
H
B
O
X
E
L
D
E
R
D
I
T
C
H
B
O
X
E
L
D
E
R
D
I
T
C
H
F
O
S
S
I
L
C
R
E
E
K
I
N
L
E
T
D
I
T
C
H
FO
S
S
I
L
C
R
E
E
K
I
N
L
E
T
D
I
T
C
H
FO
S
S
I
L
C
R
E
E
K
I
N
L
E
T
D
I
T
C
H
HORSETOOTH ROAD
(2 LANE ARTERIAL)
ZI
E
G
L
E
R
R
O
A
D
(2
L
A
N
E
A
R
T
E
R
I
A
L
)
POLLINATOR
PARK
MORRISON
PARK
SILVER
POPLAR
PARK
PARCEL B
+/- 22.32 AC
FLATIRON
POND PARK
NORTHSCALE 1" = 200'-0"
200'0 300'400'
STRAUSS LAKES
SKETCH PLAN
01.25.24
RESIDENTIAL DENSITY CALCULATIONS
GROSS ACREAGE
(EXCLUDING EAST COMMUNITY PARK)182.91 AC
NET ACREAGE 130.19 AC
NATURAL HABITATS AND FEATURES 45.34 AC
PARKS AND OPEN SPACE 5.33 AC
DEDICATED PEDESTIRAN / BICYCLE
PATH CONNECTIONS 2.05 AC
TOTAL UNITS 1,323 UNITS
GROSS RESIDENTIAL DENSITY 7.23 DU/AC
NET RESIDENTIAL DENSITY 10.16 DU/AC
LEGEND
PROPERTY BOUNDARY
CONCEPTUAL DEVELOPMENT BUBBLES
50' DITCH BUFFER (TOP OF BANK)
100' FLATIRON POND OFFSET
POTENTIAL FUTURE CONNECTION
CONCEPTUAL PARK LOCATIONS
Page 953
Item 21.
12
Exhibit 2
Square Footage Information
Page 954
Item 21.
Basement Discussion
1. How is actual square footage determined?
The Assessor's Office uses exterior measurements of homes and buildings. This may cause the
Assessor's estimate of square footage to differ from that estimated by the builder or realtor
since they frequently use interior measurements. The valuation procedures used by the Assessor
are adjusted to account for the use of exterior measurements, which helps to assure correct
values.
Source: larimer.gov/assessor/faq
2. Generally, appraisers and listing agents don’t count a basement toward the overall square
footage of a home. Most appraisers will never count a basement if it’s below grade, meaning it is
beneath ground level.
Source: FastExpert.com
3. As a general rule of thumb, listing agents and appraisers don’t count a finished basement toward
the overall square footage, especially if the basement is completely below grade—a term that
means below ground level.
Source: Realtor.com
4. What is not included in a home's square footage?
All unfinished areas in the home are not included in the home's square footage. These typically
include the following:
• Garage
• Attic
• Rooms with a sloping ceiling
• Unfinished basement
• Separate storage area
• Pool House
• Guesthouse
• Detached in-law quarters
Source: raleighrealtyhomes.com/blog/measure-square-footage/
Page 955
Item 21.
13
Exhibit 3
Strauss Lakes Open Space Plan
Page 956
Item 21.
0’600’1200’900’
STRAUSS LAKES - OPEN SPACE PLAN
01.30.24
PROPOSED TRAILS
1,320‘ RADIUS
BUS STOP
PROPOSED
CONNECTION
EAST COMMUNITY
PARK
RIGDEN RESERVOIR
FLATIRON
POND
PARK
SILVER
POPLAR
PARK
POLLINATOR
PARK
MORRISON PARK
Page 957
Item 21.
Sustainabilty Services
222 Laporte Ave
PO Box 580
Fort Collins, CO 80522
970-221-6324
jbirks@fcgov.com
January 9, 2024
Robert G Rodgers, ESQ.
White Bear Ankele Tanaka & Waldron
2154 East Commons Ave, Suite 2000
Centennial, CO 80122
Dear Robert,
Thank you for submitting the Letter of Interest for the proposed Strauss Lakes Metro District.
We respond to this letter to you in accordance with Section 3 (B) of the City’s Metro District
Policy.
We plan to submit the LOI for City Council’s consideration as part of their pre-application
meeting for the proposed Metro District on March 5, 2024. Our staff team has reviewed the
Letter of Interest (LOI) and seeks clarity on the following elements. In order to meet the
deadlines for that March 5th meeting, please update the information submitted to the City to
sufficiently address the following comments no later than Monday, February 5, 2024:
Housing
1. To obtain points in Section 2 for rental housing, 10% of the total units in the
development will need to be deed restricted and affordable for a minimum of 20
years. Please clarify how many units are planned for the total development and of
those, how many will be deed restricted as affordable. The PUD document that was
presented at the December 21, 2023, Planning & Zoning Commission hearing
illustrates 1,323 units, which differs from the attachment to this LOI document.
2. Thank you for stating the intention to income-average the affordable rental
housing to 60% of Area Median Income (AMI). Please include the AMI range you
anticipate for the affordable component of the project as well if that is available (for
example, units ranging between 30-80% AMI, income-averaged to 60% AMI).
3. To obtain points in Housing Section 1(B), only single-family detached and single-
family attached units qualify. Your letter states that at least 5% of the single-family
units will be between 1,300 to 1,600 square feet and another 5% between 1,600 and
2,200 square feet. Please clarify how the project will achieve the required 20% of
single-family homes being of limited size.
Energy Conservation and Renewables
Page 958
Item 21.
4. Please explain how the EV-installed charging for the R-1and R-2 occupancies
exceed City requirements?
Indoor Water Conservation
5. Please confirm that all buildings throughout the development will use
WaterSense toilets that use 1.0 gallons or less per flush and shower heads
throughout the development that use 1.5 gallons of water per minute or less.
Outdoor Water Conservation
6. FYI - WaterSense (WS) Certified pressure reducing heads and weather-based
irrigation controllers are required for all residential irrigation systems. Equipment not
certified by WS, including high efficiency nozzles, flow sensors and master valves,
are also required. Staff can send more details on these standards to you upon
request. For residential front yards, staff will calculate the average water use on a lot-
by-lot basis. All residential lots throughout the entire development may use no more
than 10 gallons per square foot to score 2 points.
7. Please clarify how you plan to obtain points for stormwater innovation and how
the plan exceeds the City’s existing stormwater standards. The standard is that
development treats 75% of the stormwater it generates through some sort of filtration
device. Please provide some clarity on how you will utilize Low Impact Development
(LID) to achieve this result.
Neighborhood Livability
8. For all the measures listed in this section, staff encourages the applicant team to
critically consider how it plans to ensure these elements are integrated into the
development plans, as there will be guarantees and timing triggers for these public
benefits documented through a Public Benefits Agreement.
Extraordinary Public Benefits
9. Sections 1.D and 2.A.1 of the City’s metropolitan district policy indicate the
requirement that a district deliver “extraordinary public benefits.” Please elaborate on
your answer in paragraph 4 of your LOI on those elements of the proposed
development that are anticipated to provide benefits to the greater community,
beyond what might be generally required by current codes and standards. You may
revisit Exhibit A of the policy for some examples of such benefits. This is required for
any approved District and is in addition to the Residential Evaluation Point System.
Page 959
Item 21.
For this matter to be ready for City Council consideration of the Letter of Intent, you must
comply with the notice requirements in the City’s Metropolitan District Policy. Notice must be
provided no later than 30 days before the hearing. Please provide us with copies of the Notice,
the mailing letter list and proof of newspaper publication. The 30-day deadline before hearing
date for March 5 would be February 3, 2024.
Since full development details were not provided in the LOI, staff reserves the right to provide
additional comments based on the actual plans. Please let us know if you have any questions,
comments, or concerns on the above. We look forward to receiving your response with
clarifications as requested.
Happy New Year. Best regards,
Josh Birks
Deputy Sustainability Director
O: 970-221-6324
Page 960
Item 21.
* LocaliQ
Co lorado
GANNETT
STATE OF WISCONSIN, COUNTY OF BROWN
The Fort Collins ColoGdoan, a daily newspaper printed and
published in the city of Fort Collins, Larimer County, State of
Colorado, and personal knowledge ol the facts herein state and
that the notice hereto annexed was Published in said newspapers
in the issue:
01t26t2024
and that the fees charged are legal.
Swom to and subscnbed bdforc on 01.12612024
Legal Clerk
NOTICE OF HEARING RE CITY
COU NC IL CONCEPTUAL
R EV IEW
STRAUSS LAKES METROPOLI.
TAN DISTRICTS. CITY OF FORT
COLLINS, LARIMER COUNTY,
STATE OF COLORADO
NOTICE lS HEREBY GIVEN thot,
o public concepluol review heoringin connection wilh the proposed
formotion of lhe Strouss LokesMe'tropolitqn Dislricts (the
"Dislricls") \r,/ill be held by the City
Council (the "City Council") of lhe
City of Forl Collins on Morch 5,
2024, ol 6100 P.M. ql the Council
Chombers ql City Holl Wesl, 300Loporle Avenue, Fort Collins,
Colorodo, or os soon lhereoller os
the CitY Council mov heor such
moller.
The purpose of the heoring is topresent lhe proposol for lhe
Districts ond tor the Cily Council
ond the public to provide prelimi-
nory commenls.A generol description of lhe lond
contoined within the boundories otthe proposed Districts ore os
follows: opproximqtelv 185 ocres ol
the norlheost corner of Horsetooth
Rood ond ziesler Rood in the City ofFort Collins, Colorodo lo serve omixed-use developmenl (the
"Proiect"). The purpose of lhe
Districis will be lo fund, operole,
ond moinloin public improvemenis
qssocioled wilh the Proiect.
Additionol informotion regording
the heorins moy be obtqined by
conlociing our oftices or by visilins
the Cily's websile in odvonce ol lhe
heoring.BY: WHITE BEAR ANKELE
TANAKA & WALDRON
Atlorneys qt Low
Generol Counsel to the proposed
Districts
9769130
colorodooo
Jon.26,2024
////'
Notary, State of wI, Countf of Bro*2r- . ZS ?S
My commision expires
PublicationCost $74.77
OrderNo: 9769130
CustomerNo: 124912'l
PO #:
THIS IS NOT AN INVOICE!
Please do not ,rte thb fom lot payne t raiittonce
f of Copies
1
MARIAH
N ota
VERHAGEN
ry Pubtic
State of Wi sconsin
Page 1 of 1
PO Box 631823 Cincinnati, OH 45263-1823
PROOF OF PUBLICATION
WHITE, BEAR & ANKELE
White, Bear & Ankele
2154 E Commons Ave Ste 2000
Centennial CO 80122-1880
Page 961
Item 21.
Robert G. Rogers
Shareholder
303-858-1800
rrogers@wbapc.com
2154 E. Commons Ave., Ste. 2000 | Centennial, CO 80122 | P 303.858.1800 | F 303.858.1801 | WhiteBearAnkele.com
January 22, 2024
VIA FIRST CLASS U.S. MAIL
Cottonwood Land and Farms, LLC
c/o William McDowell
PO Box 229
Boulder, CO 80306
Dear Mr. McDowell:
Our firm serves as legal counsel to Cottonwood Land and Farms, LLC (“Cottonwood”) in
connection with the proposed formation of the Strauss Lakes Metropolitan Districts (the
“Districts”). Cottonwood intends to organize the Districts on approximately 185 acres at the
northeast corner of Horsetooth Road and Ziegler Road in the City of Fort Collins, Colorado (the
“City”) to serve a mixed-use development. As the fee title owner of property within the proposed
Districts’ boundaries, please be advised that a Letter of Interest (“Letter of Interest”) to organize
the Districts has been filed with the City. A copy of the Letter of Interest is enclosed herewith. A
hearing on the proposal contained within the Letter of Interest will be held on March 5, 2024, at
6:00 P.M. at the Council Chambers at City Hall West, 300 Laporte Avenue, Fort Collins, CO.
Additional information regarding the hearing may be obtained by contacting our offices or by
visiting the City’s website in advance of the hearing.
Sincerely,
WHITE BEAR ANKELE TANAKA & WALDRON
Robert G. Rogers
Shareholder
Enclosures
Page 962
Item 21.
NOTICE OF HEARING RE CITY COUNCIL CONCEPTUAL REVIEW
STRAUSS LAKES METROPOLITAN DISTRICTS, CITY OF FORT COLLINS, LARIMER
COUNTY, STATE OF COLORADO
NOTICE IS HEREBY GIVEN that, a public conceptual review hearing in connection with the
proposed formation of the Strauss Lakes Metropolitan Districts (the “Districts”) will be held by the
City Council (the “City Council”) of the City of Fort Collins on March 5, 2024, at 6:00 P.M. at the
Council Chambers at City Hall West, 300 Laporte Avenue, Fort Collins, Colorado, or as soon
thereafter as the City Council may hear such matter.
The purpose of the hearing is to present the proposal for the Districts and for the City Council and the
public to provide preliminary comments.
A general description of the land contained within the boundaries of the proposed Districts are as
follows: approximately 185 acres at the northeast corner of Horsetooth Road and Ziegler Road in the
City of Fort Collins, Colorado to serve a mixed-use development (the “Project”). The purpose of the
Districts will be to fund, operate, and maintain public improvements associated with the Project.
Additional information regarding the hearing may be obtained by contacting our offices or by visiting
the City’s website in advance of the hearing.
By: WHITE BEAR ANKELE TANAKA & WALDRON
Attorneys at Law
General Counsel to the proposed Districts
Published in: Coloradoan
Published on: January 26, 2024
Page 963
Item 21.
1
November 27, 2023
City of Fort Collins
Attention: Kim Meyer, AICP, Principal Planner
Via Email: kimeyer@fcgov.com
LETTER OF INTEREST
Strauss Lakes Metropolitan Districts
Dear Ms. Meyer:
Our firm represents Cottonwood Land and Farms, LLC (“Cottonwood”) with respect to
its interest in organizing the proposed Strauss Lakes Metropolitan Districts (the “Districts”). As
required under Section 3.B. of the City of Fort Collins’s (the “City’s”) Policy for Reviewing
Service Plans for Metropolitan Districts (the “Policy”), Cottonwood submits this Letter of Interest
for the City’s review.
1. Summary Narrative of Proposed Development and District
Cottonwood currently owns approximately 185 acres at the northeast corner of
Horsetooth Road and Ziegler Road (the “Property”) in and immediately adjacent to the City,
which is proposed to be included in the Districts. In the past, the Property has been used for sand
and gravel mining, as well as a concrete batch plant. In conjunction with and supported by the
proposed Districts, Cottonwood is proposing to redevelop and change the use of the Property in a
way that will deliver significant community-wide benefits.
Cottonwood’s proposed development plans for the Property contemplate a mixed-
use development with a wide variety of housing options. Specifically, the development will include
a mix of high-quality single-family and multi-family residences that will be offered with a diversity
of price points accommodating both market rate attainable housing, as well as affordable housing.
The development will be made economically feasible through a metropolitan district financing
structure.
In addition to the housing outlined above, the mixed-use development proposed
would support a diverse array of business and commercial utilizations, including neighborhood
support service uses. Because Cottonwood’s goal for the development is to create a community
where employment and housing options are harmoniously integrated, these business and
commercial uses would be intentionally developed to complement surrounding housing options.
The proposed development also represents a prime opportunity to increase the
community’s access to recreational opportunities as well as utilization of the City’s open space.
Page 964
Item 21.
Multimodal transportation options will be highly emphasized. Cottonwood envisions transforming
the property into a walkable and bikeable community with multiple connections from housing,
business, and commercial uses to surrounding open spaces, community parks, and trail systems.
Cottonwood will collaborate with the City on trail and road connections to provide appropriate
access to these amenities, responsibly maximizing their use and beneficial impacts on the
community, including the possibility of making this area an alternative transportation hub for
residents with convenient bus access to and from the park and Colorado State University.
Cottonwood is proposing a multiple metropolitan district structure to accommodate
the diversity of uses within the Districts, as well as the multiple planned phases of development.
As detailed herein, Cottonwood anticipates that the Districts will conform to the City’s Model
Service Plan.
2. Sketch Plan – Please see attached Exhibit 1 for the current sketch plan.
3. Why Districts Are Needed
The development within the Districts (the “Project”) involves and necessitates
construction of significant public infrastructure, including, as an example, the reconstruction of
the intersection at Horsetooth and Zeigler and several bridges over the Fossil Creek Reservoir Inlet
Ditch (“FCRID”). Considering the extensive investment into public infrastructure required, the
Project would not be workable using solely private financing methods.
The organization of the Districts would enable the development to provide the
necessary capital infrastructure through the issuance of tax-exempt bonds for the Project. The
financing structures that the Districts may access to finance construction of the public
infrastructure make the Project as a whole economically feasible, including the additional public
benefits that are only included in the Project because of the Districts. Access to lower cost public
financing enables the provision of additional public improvements and extends the project’s
capability to provide valuable public benefits, as described in more detail below.
Additionally, in financing public improvements through metropolitan district
financing, residents and property owners of the Districts ultimately pay their proportionate share
of the public improvements over a 30-year period of time, as opposed to having those costs front-
loaded through lot prices or premiums, or through special assessments imposed by a master
homeowners’ association. Further, those property owners within the Districts itemizing their taxes
may be able to deduct their tax payments for the capital infrastructure on their individual tax
returns. Further, residents and business owners within the Districts will realize benefits through
the Districts, as opposed to a homeowners’ association or other entity, by means of: (1) enhanced
transparency and accountability above and beyond that which is required in the association
context; (2) the ability to collect operational revenues through taxes (resulting in the same
deduction benefits referenced above); and (3) lower, more cost-efficient operational costs.
4. Explanation of Public Benefits and Satisfaction of Residential Evaluation Points
System
The planned development within the Project is anticipated to provide significant
public benefit to the City and the community at large. The dynamic mixed-use ecosystem
Page 965
Item 21.
contemplated by Cottonwood would increase the number of employment opportunities available
in the City, as well as decreasing motor vehicle traffic as compared with the City’s more traditional
zoning designations because residents can work in the same community in which they live.
Cottonwood has also pledged to collaborate with the City on trail and road connections to provide
appropriate access to both the new recreation and open space amenities to be created on the Strauss
Lakes Property, as well as existing City resources in the vicinity.
In addition to the substantial public benefits provided by the critical public
infrastructure and extensive public improvements outlined above, the Project will also meet and
exceed the City’s Residential Evaluation Points System (“REPS”) requirements, as detailed
below. The development team is committed to achieving at least the minimum required points in
each category. However, potential design shifts are possible as the development team and builders
work with City staff through the development application process, which may require adjustments
among the categories REPS points.
a. Housing – 5 Points Required - 5 Points Expected
HOUSING (Points Required: 5)
Points Achieved
1. Housing Supply, Diversity, and Choice
A. 10% Home Ownership at <120% AMI --
B. Limit Unit Size for 20% single family homes 3
C. Accessory Dwelling Units (ADU's) --
2. Affordable Rental Housing
A. 10% Affordable Rental Housing 2
B. 10% Affordable Rental Housing that does not
utilize competitive funding sources --
Points Achieved 5
Housing Supply, Diversity, and Choice (3 Points). Cottonwood is working with its
homebuilder partners so that 20% of the single-family homes within the Project will be of limited
size, satisfying the requirements for Section 1.B. under REPS. At least 5% of the attached or
detached single family units will fall within two of the identified breakpoints (currently targeting
5% between 1,300 to 1,600 square feet and 5% between 1,600 and 2,200 square feet). Additionally,
the housing units within the Project will meet the DOE Zero Energy Ready (ZER) standard,
earning the additional point under this category.
Affordable Rental Housing (2 Points). Cottonwood is exploring the conveyance of
approximately 7.5 acres of the Property to McDermott Properties LLC (“McDermott”).
Cottonwood anticipates this portion of the Property will be developed by McDermott to include at
least 10% of the total dwelling units for the Project as affordable rental units serving an income
average that does not exceed 60% AMI, as prescribed under the City’s affordable housing
regulations.
b. Energy Conservation and Renewables – 10 Points Required – 10 Points
Expected
Page 966
Item 21.
ENERGY CONSERVATION & RENEWABLES (Points Required: 10)
Points -
McDermott
& Others
Points - Nat'l
Builder
1. Enhanced Energy Performance
A. DOE Zero Energy Ready (ZER) Home
Performance Path Certified with balanced
mechanical whole dwelling ventilation 4 4
B. OR HERS index of 47 or less without solar and
single family detached and attached dwellings
must achieve 2.0 or less ACH50 and provide
balanced mechanical whole dwelling ventilation -- --
C. OR Energy Rating Index (ERI) path single family
detached and attached dwellings must achieve
2.0 or less ACH50 with balanced mechanical
whole dwelling ventilation -- --
D. OR Net Zero Energy Home Performance Path -
HERS of 0 or less with balanced mechanical whole
dwelling ventilation -- --
2. Energy Components
A. Heat homes with efficient electric heat 2 --
B. Build to Passive House Standard -- --
C. Build air tight homes with balanced whole
dwelling ventilation with heat or energy recovery -- 1
D. District Heating and Cooling for Neighborhood -- --
E. Install qualifying connected thermostat 1 1
F. Install air source heat pump electric water
heater 2
G. Provide EV-Installed charging for buildings
containing R-1 or R-2 occupancies 1 1
3. Renewable
A. Install % of total energy need in solar
(50/75/100%) -- 3
B. Smart storage and grid interactivity -- --
Points Achieved 10 10
Page 967
Item 21.
National Homebuilder Single-Family Product.
Cottonwood is in negotiations with a well-known national homebuilder to construct
homes within the Project. The homebuilder has indicated that it would be able to incorporate the
following Energy Conservation and Renewables benefits into the residential units it constructs
within the Project: (1) DOE Zero Energy Ready (ZER) Home Performance Path Certified with
balanced mechanical whole dwelling ventilation (4 points); (2) air tight homes with balanced
whole dwelling ventilation with heat or energy recovery (1 point); (3) qualifying connected
thermostats (1 point); and (4) installation of 100% of total energy need in solar (3 points).
McDermott and Other Product.
McDermott and Cottonwood have indicated that they would be able to incorporate
the following Energy Conservation and Renewables benefits into the residential units they
construct within the Project, including the affordable housing units: (1) DOE Zero Energy Ready
(ZER) Home Performance Path Certified with balanced mechanical whole dwelling ventilation (4
points); (2) heat homes with efficient electric heat (2 points); (3) qualifying connected thermostats
(1 point); and (4) air source heat pump electric water heater (2 points).
Project-Wide Benefits.
Additionally, Cottonwood and its building partners will provide EV-Installed
charging for 7% of the total parking spaces for buildings containing R-1 or R-2 occupancies,
earning an additional point under this category for the project as a whole.
c. Indoor Water Conservation – 3 Points Required – 4.5 Points Expected
4. Indoor Water * (Points Required: 3)
Points Achieved
A. WaterSense fixtures performing above code 2
B. Install leak detection and notification system 1
C. Sub-metering 1.5
D. Efficient plumbing design --
E. Indoor Water Use Innovation --
Points Achieved 4.5
Within the Project, Cottonwood and its building partners intend to satisfy the Indoor
Water REPS requirements with the following: (1) WaterSense fixtures performing above code (2
points), (2) leak detection and notification systems (1 point), and (3) sub-metering for multifamily
units throughout the development (1.5 points).
d. Outdoor Water Conservation – 7 Points Required – 7 Points Expected
5. Outdoor Water (Points Required: 7)
Points Achieved
Page 968
Item 21.
A. Efficient Residential irrigation systems 2
B. Water efficient landscaping for residential
front yards 2
C. Separate drip system for trees within
parkways and medians 2
D. Common area water use
performing above code --
E. Stormwater Innovation 1
F. Rain barrels
G. Outdoor Water Use Innovation
Points Achieved 7
To meet the Outdoor Water REPS requirements, Cottonwood and its building
partners plan to include (1) efficient residential irrigation systems, including WaterSense certified
pressure reducing heads and weather-based irrigation controllers throughout the Project (2 points),
(2) water efficient landscaping for residential front yards, with an average of 10 gallons or less of
water usage per square foot, including high efficiency nozzles, flow sensors and master valves (2
points), (3) separate drip system for trees in all landscape areas (2 points), and (4) stormwater
innovation, including Low Impact Development, as defined and illustrated in the City’s LID
Implementation Manual (1 point).
e. Neighborhood Livability – 5 Points Required – 5 Points Expected
NEIGHBORHOOD LIVABILITY (Points Required: 5)
1. Transportation
Points Achieved
A. Off-site Trail Connection 1
B. Exemplary Bicycle and Pedestrian
Improvements --
C. Level 3 EV Charging Stations 1
D. Trail Connection provided to a School 1
E. Transportation Innovation --
2. Neighborhood Amenities
A. Access to Essential Neighborhood Services --
B. Vertical Mixed-Use Buildings --
C. Community Gathering Spaces 1
D. Community Workspace --
E. Common Areas Food Production --
F. Innovative Neighborhood Amenities --
3. Natural Environment
A. Access to Parks & Open Spaces 1
B. Enhanced Habitat --
Page 969
Item 21.
C.Expansion of Adjacent Natural Habitat --
D.Innovation in Natural Environment
Protection --
4.Health, Culture & Education
A.Universal Design --
B.0.5% for Arts & Culture --
C.Sustained Educational Programing --
D.Excellence in Community Engagement --
E.Health, Culture or Education Innovation --
Points Achieved 5
Cottonwood’s plans for the Project are anticipated to exceed the City’s REPS
requirements in the category of Neighborhood Livability. The Project is anticipated to include (1)
numerous off-site trail connections to the Poudre Trail and existing city trails, including trails along
William Neal and the two irrigation canals that run through the Project, as well as bike lanes on
Ziegler Road (1 point); (2) level 3 EV Charging Stations in the mixed-use area (1 point); (3)
connection to on-street and off-street trails to Fort Collins High School (1 point); (4) access to
essential neighborhood services in the mixed-use area (1 point); (5) vertical mixed-use buildings
anticipated in mixed use area (2 points); (6) community gathering spaces in the neighborhood
parks as discussed in more detail below (1 point); (7) and access to parks and open space through
East Community Park (1 point).
The open space plan for the Project is one that the development team is very proud
of. It has been designed to ensure that every residential unit within the community is located
within 1320 feet (a five-minute walk) or less from at least one of the Project’s four parks. This
design feature is illustrated in Exhibit 2 to this submittal. The four parks within the Project will
be the Silver Poplar Park, Flatiron Pond Park, Cottonwood Park, and Pollinator Park, and the
Project will include numerous pedestrian and vehicular connections to the City’s East Community
Park. Silver Poplar Park, will be centrally located and named for one of the oldest popular tree
groves in Fort Collins, and silver poplars will be propagated and incorporated prominently into the
landscape design. Flatiron Park, a site that would qualify for fill and development, would instead
serve as an active recreation site for fishing, canoeing and paddle boarding, and would include
walking trails for residents and the general public. Cottonwood Park will be designated for more
passive recreation, while Pollinator Park will include plants and gardens that are intended to
support pollinator species within the community. Other qualitative aspects of the Open Space Plan
include a plaza/outdoor gathering space in mixed-use area, a number of tree-lined trails, and
intentional placement of landscape along streets with ornamental grasses, low water, and low
maintenance native plants as opposed to traditional turf in tree lawns.
5.Service Plan Specifics
Cottonwood anticipates that the Districts’ powers, purpose, and maximum mill
levies will conform to the corresponding provisions outlined in the City’s Model Service Plan.
Likewise, the term of the Districts will conform to the parameters in the City’s Model Service
Plan. Cottonwood anticipates that one or more of the Districts will operate certain of the Public
Page 970
Item 21.
Improvements not dedicated to other governmental entities, so such Districts would continue to
operate those Public Improvements until such operations are no longer necessary. The build-out
period for the Project is estimated to be 20 years. Cottonwood hopes to work with the City for
approval of the Districts’ Service Plan in time to proceed with an organizational election on
November 5, 2024. As mentioned above, the property within the Project is currently zoned
industrial, and development approvals related to re-zoning of the property for the Project are
proceeding through the City’s review processes concurrently with the City’s review of the
proposed Districts.
The Project will require significant public infrastructure, both off-site and on-site.
Based on current plans, and subject to revisions based on discussions with the City’s Planning and
Zoning team, on-site public infrastructure is anticipated to include water, storm and sanitary sewer,
streets, landscaping, parks, recreation, and trail improvements. Off-site improvements are expected
to include reconstruction of the Horsetooth and Zeigler intersection; demolition and replacement
of the Horsetooth Road, Environmental Drive and Percheron Drive Bridges over FCRID; sidewalk
and road improvements to Zeigler Road, Horsetooth Road and Environmental Drive; construction
of two additional bike and pedestrian bridges over FCRID; and construction of bike and pedestrian
trails connecting to the Poudre River Trail and to Rigden Farm. Based on current plans, and subject
to revisions based on discussions with the City’s Planning and Zoning team, Cottonwood currently
estimates the cost of the public improvements related to and required for the Project will be
approximately $92,482,466.95.
We appreciate the City’s time in reviewing this Letter of Interest and look forward to
answering any questions that you may have. Cottonwood will deliver to the City the Letter of
Interest Submittal Fee in the amount of $2,500 in conjunction with this submittal. Under the City’s
Policy, Staff is anticipated to provide a written response to the Letter of Interest within 30 days of
receipt of the Letter of Interest and related Fee. Please let us know as soon as possible if the City
anticipates that additional time may be needed. Should you have any questions or need any
additional information, please do not hesitate to contact us.
Sincerely,
Robert G. Rogers
WHITE BEAR ANKELE TANAKA &WALDRON
Attorneys at Law
Enclosures
Page 971
Item 21.
Exhibit 1
Strauss Lakes Sketch Plan
Page 972
Item 21.
Page 973
Item 21.
Exhibit 2
Strauss Lakes Open Space Plan
Page 974
Item 21.
Page 975
Item 21.
Introduction.
CITY OF FORT COLLINS POLICY FOR REVIEWING SERVICE PLANS FOR
METROPOLITAN DISTRICTS
April 20, 2021
This policy establishes the criteria, guidelines and processes to be followed by City Council and City staff in
considering and by applicants in submitting to the City service plans for the organization of metropolitan
districts or amendments to those plans ("Policy"), as provided in Colorado's Special District Act in Article 1
of Title 32 of the Colorado Revised Statutes (the "Act"). The Act provides that metropolitan districts are
quasi-municipal corporations and political subdivisions ("District") that can be organized within the
boundaries of a municipality provided the municipality's governing body approves by resolution the
proposed service plan for the District. Under the Act, the service plan constitutes the document that
delineates the specific powers and functions the District can exercise, including the facilities and services
it can provide, the taxes it can impose and its permitted financial arrangements (the "Service Plan"). The
Act requires Districts to conform to their Service Plans.
Section 1 -Policy Objectives and Statements.
A.This Policy generally supports the formation of a District where it will deliver extraordinary public
benefits that align with the goals and objectives of the City whether such extraordinary public
benefits are provided by the District or by the entity organizing the District because the District
exists to provide public improvements.
B.A District, when properly structured, can enhance the quality of development in the City. The City
is receptive to District formation that provides extraordinary public benefits which could not be
practically provided by the City or an existing public entity, within a reasonable time and on a
comparable basis. It is not the intent of the City to create multiple entities which would be
construed as competing or duplicative.
C.The approval of a District Service Plan is at the sole discretion of City Council, which may reject,
approve, or conditionally approve Service Plans on a case-by-case basis. Nothing in this Policy is
intended, nor shall it be construed, to limit this discretion of City Council, which retains full
authority regarding the approval, terms, conditions and limitations of all Service Plans.
D.Policy Objectives for All Districts.
The City will evaluate any proposed District and its Service Plan based on the District's ability to
deliver public benefits through extraordinary development outcomes, specific examples are
provided in Exhibit A and generally occur in the following four focus areas:
1.Environmental Sustainability Outcomes: Development of public improvements that deliver or
facilitate the delivery of specific and measurable environmental outcomes, includingbut
1
Page 976
Item 21.
Page 977
Item 21.
Page 978
Item 21.
Page 979
Item 21.
Page 980
Item 21.
Page 981
Item 21.
Page 982
Item 21.
Page 983
Item 21.
Page 984
Item 21.
Page 985
Item 21.
Page 986
Item 21.
Page 987
Item 21.
Page 988
Item 21.
Page 989
Item 21.
Page 990
Item 21.
Page 991
Item 21.
Page 992
Item 21.
Page 993
Item 21.
Page 994
Item 21.
Page 995
Item 21.
Page 996
Item 21.
Page 997
Item 21.
Strauss Lakes
Metropolitan Districts
Conceptual Review
March 5, 2024
Page 998
Item 21.
Project Team
2
Cottonwood Land and Farms, LLC
Bill McDowell
White Bear Ankele Tanaka & Waldron
Robert Rogers | Audrey Johnson
TB Group
Cathy Mathis | Cavan Anton
Brownstein Hyatt Farber Schreck
Carolynne White | Angela Hygh
McDermott Properties
Arthur McDermott |Andy Seed
Sanitas Group
Curtis Stevens
Fehr & Peers
Ann Bowers
Cedar Creek Associates
Jesse Dillon
Anderson Consulting Engineers
Brad Anderson | Brian Smith
Page 999
Item 21.
Purpose of Hearing
An opportunity for City Council members
and the public to provide comments in
response to the Letter of Interest
3
Page 1000
Item 21.
4
Background
•Cottonwood Land and Farms, LLC owns 185 acres
located at the northeast corner of Horsetooth
Road and Ziegler Road
•Property was previously used for sand and
gravel mining, a concrete batch plant, and an
asphalt plant
Page 1001
Item 21.
5
Historical Benefits
Donated Property to Open Space
Strauss Cabin and Surrounding Land
Riverbend Ponds Natural Area
(~200+ acres)
Running Deer Natural Area
(~200 acres)
Hageman Earth Cycle Operation
(~15 acres)
Bargain Sale and Donation of
Topsoil and Fill Material for East
Community Park
Rigden Reservoir
Coordination with the City on the
removal of 700,000 yards of fill to
maximize storage capacity.
Access Easements to the POE
Natural Area and East Community
Park
Foothills and Drake Drainage
Channels
Open Space, Parks, and Water
Page 1002
Item 21.
6
Page 1003
Item 21.
7
Benefits of Metro Districts
Growth Pays Its Own Way
•Fill the Void -no other public entity is able to fund
public improvements necessary for development
•Major Infrastructure Examples:Intersection at
Horsetooth &Zeigler,multiple bridges over Fossil
Creek Reservoir Inlet Ditch,significant drainage
improvements
•Reduce cost of public improvements through
access to low-cost,tax-exempt financing
•Proportionate –rather than front-loaded costs of
public improvements on new home sales and
affordable housing projects,costs are paid via tax-
deductible property mill levies over 40 years
•Homeowners pay proportionate share of use of
improvements while they own property
Page 1004
Item 21.
Residential Evaluation Points System
In addition to providing
substantial public benefits in
the form of critical public
infrastructure, the Districts will
also enable the Project to meet
and exceed the City’s
requirements for the
Residential Evaluation Points
System (“REPS”)
Category Required Points Project Points
Housing __5
Energy Conservation and Renewables __10
Indoor Water Conservation 3 3
Outdoor Water Conservation 7 7
Neighborhood Livability 5 5
Total 30 30
8
Page 1005
Item 21.
9
Energy Conservation & Renewables
Category Points
(Affordable)
Points
(Market)
Enhanced Energy Performance:
DOE Zero Energy Ready Home Performance Path Certified
with balanced mechanical whole dwelling ventilation
4 4
Heat homes with efficient electric heat 2
Build airtight homes with balanced whole dwelling
ventilation with heat or energy recovery
1
Qualifying connected thermostats 1 1
Air source heat pump electric water heaters 2
Provide EV-installed charging for buildings containing R-1
or R-2 occupancies
1 1
Installation of 50-75% of total energy need in solar,
depending on the phase of the project and associated
housing type
3
Totals 10 10
Page 1006
Item 21.
10
Indoor Water Conservation
Category Required
Points
Project
Points
Install leak detection and
notification system __1
Submetering for individual condo
and/or multi-family units __1.5
Efficient Plumbing Design
(WaterSense Section 3.3 New Home
Speciation)0.5
Total 3 3.0
Page 1007
Item 21.
11
Outdoor Water Conservation
Category Required Points Project Points
Efficient Residential Irrigation
Systems __2
Water efficient Landscaping of
residential front yards __2
Separate drip system for trees within
parkways and medians __2
Stormwater Innovation __1
Total 7 7
Page 1008
Item 21.
Neighborhood Livability
12
Category Required
Points
Project
Points
Off-Site Trail Connection __1
Level 3 EV Charging Stations __1
Trail Connection Provided to School __1
Community Gathering Spaces __1
Access to Parks and Open Spaces __1
Total 5 5
Page 1009
Item 21.
13
Neighborhood Livability
•Every Residence is within a
Five-Minute Walk to a Park
•Silver Poplar Park –Focused on
preservation and propagation of
established silver poplar grove
•Flatiron Pond Park –Active recreation (fishing, canoeing, trails)
•Morrison Park –Passive recreation
•Pollinator Park –Designed to support native pollinator species
•Plaza/Outdoor Gathering
Spaces
Parks & Open Space
Page 1010
Item 21.
14
Housing
Category Required
Points
Project
Points
Limit Unit Size for 20%
of Single-Family Homes
*Includes 2 density breakpoints
and the DOE multiplier
__3
10%+ Affordable Rental
Housing __2
Total 5 5
Page 1011
Item 21.
15
Page 1012
Item 21.
Proposed Service Plan
Financing Public Infrastructure
Estimated Cost of Public Improvements:
$92,482,466
On-Site: water, storm and sanitary sewer (including
a lift station), streets, landscaping, parks, recreation,
and trail improvements
Off-Site:
•Horsetooth & Zeigler Intersection
•Extension of William Neal and Percheron Roads
•Bridges over FCRID
•Sidewalk and road improvements to Zeigler,
Horsetooth Road
•Construction of bike and pedestrian trails
connecting to Poudre River Trail and Rigden Farm
Adhering to City’s Model
The Districts’ proposed Service Plan will conform
to the City’s Model Service Plan adopted on April
20, 2021
Land use approvals related to annexation, re-
zoning, etc. will proceed through the City’s review
process concurrently with City review of
proposed Districts
16
Page 1013
Item 21.
Additional Public Benefits
Environmental Sustainability
DOE Zero Energy Ready (ZER) Home Performance Path Certified
Wide Sidewalks and Enhanced Pedestrian Crossings
New Bridges over the Foothills Drainage Channel, FCRID and Box Elder Ditches
Replacement of the Horsetooth Road Bridge
Electric Vehicle Charging Stations
Individual Xeriscape Courtyards, Low Water Pocket Parks, and Greenspaces
17
Page 1014
Item 21.
18
Other Contributions: Construction of Pedestrian
Improvements:
Intersection of Horsetooth and Zeigler
Horsetooth Road east to the Box Elder
Ditch
•FCRID Bridge
Zeigler Road
•Signals at William Neal Parkway
•Eastern Sidewalk Improvements
Poudre River Trail Connections
Access points to parks via cars, bikes,
and pedestrians
Bike/pedestrian bridges:
•Foothills Drainage Channel
•Corner Parcel to the East
•Over FCRID along William Neil Parkway
Bike/pedestrian trails connecting
subdivisions to the west of Zeigler Road
to the East Community Park
Additional Public Benefits
Critical Public Infrastructure
Page 1015
Item 21.
Additional Public Benefits
High Quality Smart Growth
Alley Loaded Construction
Smaller Lot Size, including use by easement
of neighbors’ lots
Live/Work Units
Increased Multifamily Development and
Attached Single Family Homes
Enhanced Pedestrian Crossings, Trails, and
Bridges
Improved Bus Stop on William Neal
19
Wider than required Sidewalks
Trail System Enhancements
Four Parks along with Multiple
Greenspaces
Flatiron Pond Park (~15 acres)
Pollinator Park (~1.5 acres)
Silver Poplar Park (~1.6 acres)
Morrison Park (~2.0 acres)
Page 1016
Item 21.
Additional Public Benefits
Strategic Priorities
Affordable Housing for AMI’s ranging from 30-60% for at least 10% of the total developed units.
Consolidation of Wetlands.
Facilitation of job growth and sales tax growth.
East Community Park access points through vehicle, bike and pedestrian connections.
Contribute to the improvement of the Horsetooth and Zeigler intersection.
Contribute to the improvement of Horsetooth Road east to the Box Elder Ditch so it meets Larimer
County Street standards. Including the Horsetooth FCRID bridge.
Contribute to the improvement of Zeigler Road including signalization at the William Neal Parkway
intersection, and sidewalk improvements on the east side of Zeigler Rd.
Construction of the Foothills Drainage Channel Auto/Bike/Pedestrian Bridge.
Construction of a Bike/Pedestrian Bridge from the corner parcel to the east.20
Page 1017
Item 21.
Additional Public Benefits
Strategic Priorities Cont.
Construction of a Bike/Pedestrian Bridge over FCRID along William Neil Parkway.
Construction a multiple Bike/Pedestrian trails throughout the development to connect
subdivisions to the west of Zeigler Road to the East Community Park.
Contribution to the improvement of trails to connect to the Poudre River Trail.
Contribution to the improvement of Zeigler Road including signalization at the William
Neal Parkway intersection, and sidewalk improvements on the east side of Zeigler Rd.
Construction of the Foothills Drainage Channel Auto/Bike/Pedestrian Bridge.
Construction of a Bike/Pedestrian Bridge from the corner parcel to the east.
Construction of a Bike/Pedestrian Bridge over FCRID along William Neil Parkway.
Construction a multiple Bike/Pedestrian trails throughout the development to connect
subdivisions to the west of Zeigler Road to the East Community Park.
Contribution to the improvement of trails to connect to the Poudre River Trail.21
Page 1018
Item 21.
Thank you
Robert G. Rogers, Esq.
Phone
303-858-1800
Email
rrogers@wbapc.com
Page 1019
Item 21.
Strauss Lakes Conceptual Review
03-05-2024
For Metro District
Josh Birks, Deputy Director, Sustainability ServicesPage 1020
Item 21.
2Background
•Council adopted new Metro District policy in 2021
•Metro Districts must provide extraordinary public benefits
•Plus Residential Metro Districts use a score card to guide
development of public benefits
•Conceptual Review with Council required
•Direction and feedback on proposed public benefits
•This is different from a conceptual review for the
Development Review Process
Page 1021
Item 21.
3Process Overview
1.Applicant
Letter of
Interest
submittal
1.Staff
reviews
Letter of
Interest
1.City
Council
Conceptual
Review
1.Formal
submittal
of Metro
District
Application
1.Staff
reviews
application
and
Service
Plan
1.Council
Finance
review
1.Council
considers
Metro
District
Page 1022
Item 21.
4
Development Location
At the northeast
corner of Ziegler
and Horsetooth
Page 1023
Item 21.
5Public Benefits
Extraordinary Public Benefits
•Required for all Metro Districts
Residential Evaluation Points
System
•Required for Residential Metro Districts
Page 1024
Item 21.
6Proposed Public BenefitsCategoryMin. Points
Required
Points
Expected Proposed Public Benefits
Housing 5 5 1(B) Limit unit size -3 points
2(A) 10% affordable rental housing –2
points
Energy Conservation and Renewables 10 10
1(A) –DOE Zero Energy Ready (ZER)
Home Performance Path Certified with
balanced mechanical whole dwelling
ventilation –4 points (both market and
affordable)
2(A) Electric Heat –2 points (affordable
only)
2(C) –Air-tight homes with balanced
whole dwelling ventilation with heat or
energy recovery –1 point (market only)
2(E) –Installing qualified connected
thermostats –1 point (both market rate
and affordable)
2 (F) –Air source heat pump electric water
heater-2 points (affordable only)
2(G) -Ev-installed charging for R1 or R2 –
1 point (both affordable and market)
3(A) –Installing solar to meet 50-75% of
overall energy need -3 points (market
only)
Page 1025
Item 21.
7Proposed Public BenefitsCategoryMin. Points
Required
Points
Expected Proposed Public Benefits
Outdoor Water Conservation 7 7
5(A) –Efficient residential irrigation systems –2
points
5(B) –Water efficient landscaping for residential
front yards –2 points
5(C) –Separate drip systems for trees within
parkways and medians –2 points
5(E) –Stormwater Innovation–1 point
Neighborhood Livability 5 5
1(A) –Off-site trail connections –1 point
1(C) –Level 3 EV charging stations –1 point
1(D) –Trail connection provided to a school –1
point
2(C) –Community gathering spaces –1 point
3(A) –Access to parks & open spaces –1 point
Indoor Water Conservation 3 3
•4(B) –Leak Detection & Notification System–1
point
4(C) –Sub-metering –1.5 points
4(D) Efficient plumbing design -.5 points
Page 1026
Item 21.
8
Staff Comments
More detail review required for numerous elements, including:
Energy & Renewables Neighborhood Livability
Formal Development Review Process next if applicant moves
forward
Scorecard is self assessment and staff analysis done at next
step of process
Conforms to policy generally
Page 1027
Item 21.
9Sample Motions
I move that the City Council recommend to the applicant that it not proceed with its formal application for
Council’s consideration of the proposed service plan for the Strauss Lakes Metro Districts unless that
application includes the following: [Describe recommended modifications or additions to the formal
application].
Or
I move that the City Council recommend to the applicant that it proceed with its formal application for
Council’s consideration of its proposed service plan for the Strauss Lakes Metro Districts.
Reminder:
This Conceptual Review Hearing is an opportunity to provide feedback. It is not an opportunity to
make specific recommendations on development aspects that may later come to Council for review
and decision-making.
Page 1028
Item 21.
THANK YOU!
Page 1029
Item 21.