HomeMy WebLinkAbout2023-041-05/02/2023-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND COLRESOLUTION 2023-041
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND COLORADO STATE UNIVERSITY FOR
THE WEST ELIZABETH CORRIDOR FINAL DESIGN
WHEREAS,the City has identified the West Elizabeth Street travel corridor as the highest
priority pedestrian and alternative travel mode area for improvement in the City as highlighted in
City Plan and the Transit Master Plan;and
WHEREAS,the vision for the West Elizabeth corridor is to be an easily accessible and
reliable enhanced multimodal corridor with an emphasis on connectivity between the Colorado
State University (“CSU”)Foothills Campus on the west and CSU’s Main Campus on the east;and
WHEREAS,the West Elizabeth corridor is further envisioned to focus on improving transit
(including bus rapid transit stations),vehicle lanes,and walking and biking pathways;and
WHEREAS,the West Elizabeth corridor is further envisioned to foster existing business
and future infill and redevelopment to accommodate the growing number and diversity of users in
the corridor,which include students,families,commuters,and seniors;and
WHEREAS,in 2020,the City initiated the thirty percent design process for the West
Elizabeth corridor pursuant to Resolution 2020-072,which authorized the execution of an
intergovernmental agreement (the “IGA”)with the Colorado Department of Transportation
(“CDOT”)for collaboration on the thirty percent design efforts,Resolution 2020-071,which
authorized the execution of an IGA with CSU for collaboration on the thirty percent design efforts,
and Ordinance No.097,2020,which appropriated the funding for the thirty percent design;and
WHEREAS,the thirty percent design process is complete,and the City seeks to proceed
forward with the final 100%design and outreach regarding the improvements along West
Elizabeth Street from Mason Street and the CSU campus to Overland Trail that comprise the West
Elizabeth Corridor Final Design (the “Project”);and
WHEREAS,the City was awarded a $1,232,248 Multi-Modal Options Funding
(“MMOF”)grant from the North Front Range Metropolitan Planning Organization (“NFRMPO”)
for the Project,which grant is managed by CDOT;and
WHEREAS,the MMOF grant award requires a local match of $1,232,248,half of which
the City will provide from Transportation Capital Expansion Fee funds and unanticipated revenue
from Transfort,and half of which CSU has committed to funding similar to its agreement to split
the local grant match for the thirty percent design and for which it has appropriated $616,124;and
WHEREAS,CSU has proposed an IGA between CSU and the City to confirm its
commitment to the Project and to splitting the local match funding requirement;and
WHEREAS,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;and
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WHEREAS,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;and
WHEREAS,City Code Section 1-22 requires the City Council to approve
intergovernmental agreements that require the City to make a direct,monetary payment in excess
of $50,000,and the proposed IGA requires the City to provide matching funds that exceed $50,000;
and
WHEREAS,the City Council has determined that the Project and the MMOF grant funding
are 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.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council authorizes the Mayor to execute,on behalf of the
City,the IGA with CSU,in substantially the form attached hereto as Exhibit A,with 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 3.That during the term of the IGA,the City Manager,in consultation with the
City Attorney,is authorized to approve and execute amendments to the IGA consistent with this
Resolution so long as the City Manager determines the amendments:(a)are reasonably necessary
and appropriate to protect the City’s interests or provide a benefit to the City,(b)effectuate the
purposes of this Resolution,and (c)limit the City’s financial obligation to expenditure of funds
already appropriated and approved by City Council or conditioned upon such appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of May,2023.
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ATtEST:
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EXHIBIT A TO RESOLUTION 2023-041
INTERGOVERNMENTAL AGREEMENT
FOR WEST ELIZABETH CORRIDOR FINAL DESIGN
THIS AGREEMENT (the “Agreement”)is made and entered into this day of April,
2023,by and between the CITY OF FORT COLLINS,COLORADO,a Municipal
Corporation,(the City)and the BOARD OF GOVERNORS of the COLORADO STATE
UNIVERSITY SYSTEM,acting by and through COLORADO STATE UNIVERSITY (the
University)(collectively,the parties).
Recitals
A.The City and the University are working together on a final design for the overall
development of the section of the West Elizabeth Corridor from the University’s Foothills
Campus,adjacent to Overland Trail,to the existing transit center on the University’s Main
Campus and the MAX Bus Rapid Transit (BRT)Corridor.This design is intended to
integrate current and proposed City and University multi-modal infrastructure into the overall
West Elizabeth Corridor Concept Design,including improvements to the transit system,
enhanced facilities for pedestrians and bicyclists,improved traffic safety,and coordination
with all City and University Master Plans (the Project).
B.The West Elizabeth Corridor provides a critical transportation connection for a growing
business district;high-density housing area;and transit-dependent residents while serving as
a link for students,faculty and staff accessing the CSU Main and Foothills Campuses.The
corridor contains over 24,000 residents and supports 20,000 jobs.The corridor needs
increased levels of transit capacity,contiguous sidewalks,and multi-modal infrastructure
improvements.
C.The parties desire to enter into this Agreement to collaborate concerning the financing for an
effort to complete final design drawings for the Project (the Design).
NOW THEREFORE,in consideration of the mutual promises contained herein,and other good
and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the
parties hereto agree as follows:
1.Long-Term Purpose.The overall purpose of this Agreement is to establish and formalize a
basic understanding between the parties regarding their efforts to develop the Design to be
used for the benefit of the City and the University.The City and the University agree to
collaborate on the development of the Design,including financing,award,and the overall
requirements for submitting a Federal Transit Administration (FTA)Small Starts funding
EXHIBITATO RESOLUTION 2023-041
grant (https://www.transit dot.gov/funding/grant programs/capital-investments/about-
program)consistent with the following criteria:
•Total project cost is less than $300 million and total Small Starts funding of less than
$100 million
•Project must:
o Be located in a corridor that is at or over capacity or will be in five years
o Increase capacity by 10%
o “Not include project elements designated to maintain a state of good repair”
•New fixed guideway systems (light rail,commuter rail etc.)
•Extension to existing system
•Fixed guideway bus rapid transit (BRT)system
•Corridor-based BRT system
•Substantial corridor based investment in existing fixed guideway system
The City and University,as part of this Agreement,also agree to collaborate on the long-term
plans for development of the West Elizabeth Corridor.
2.Immediate Purpose.The goal of this immediate effort is to generate and fund a final design
that will enable the parties to get cost estimates,pursue right-of-way acquisition and bid the
project for construction.The City and University will then seek this additional funding,
through the FTA,to execute the overall West Elizabeth Corridor Project.
3.West Elizabeth Corridor Final Desi2n Process.
a.The City agrees to include University personnel in regular (at least monthly)project
meetings throughout the design process,including the final design effort.The City
will share minutes of these meetings with the University.
b.The University will provide committee members to support the review,rating,and
selection of the consulting firm(s)chosen to deliver goals outlined in the General
Purpose and the Immediate Purpose above.
c.Design coordination and reviews.The City and University further agree to work
together on detailed review and approval of design plans for the Corridor.
i.The City agrees to solicit University input during all design phases.The
University agrees to provide input,including design standards and
specifications as needed within the reasonable schedule provided by the City.
ii.Design plans will be routed for review by applicable University departments
and review committees.This includes,but is not limited to,formal review by
the University Facilities Management Department,Physical Development
Committee,Design Review Committee,CSURF/STRATA,CSU Board of
Governors,and the President’s Executive Leadership Team.
iii.The University Primary Contact will be responsible for coordinating design
review and approvals.
EXHIBITATO RESOLUTION 2023-041
iv.The University will designate project representatives to be involved in
community engagement and public outreach efforts throughout the design
process.
4.Finance.The cost of the final design will be paid by a combination of funding sources.The
overall cost to develop the final design drawings for the Project is $2,500,000.Of this total,
$1,232,248 is being funded by the Colorado Department of Transportation (CDOT)through
award to the City of a Multimodal Options Fund Grant in the amount of $1,232,248 (the MOF
Grant).The MOF Grant will be made to the City,with funding available immediately,and
requires a 50%“local match”as well as a “local overmatch”of $35,504.Of the required
$1,232,248 local match funding for the final design,the University agrees to pay $616,124,and
the City agrees to pay $616,124,plus the $35,504 for the “local overmatch.”The parties shall
seek appropriation of all funding to be made available before the City signs the MOF Grant
award that requires commitment on the part of the parties to provide the $1,232,248 in local
matching funds.The University agrees to pay its contribution of $616,124 in two installments:
the first installment shall be paid to the City upon completion of this Agreement between the
parties,and the second installment shall be paid to the City by no later than October 1,2023.
5.Completion of Improvements.The Project,as defined herein,does not include the
construction or final completion of improvements to the West Elizabeth Corridor,and no portion
of the combined contributions of the parties shall be used for construction unless otherwise
agreed by the parties in writing.The parties have discussed,and it is anticipated,that upon
completion of the Project,the parties may,by amendment to this Agreement or by a separate
agreement,establish mutually agreeable terms upon which the parties will later cooperatively
provide for the final planning,construction and completion of proposed improvements to the
West Elizabeth Corridor consistent with the Project.
6.Appropriation.All financial obligations of the City or the University arising under this
Agreement are contingent upon funds for that purpose being annually appropriated,budgeted,or
otherwise made available by the governing bodies of the City or the University,and do not
establish debts or other multi-fiscal year obligations thereof.
7.Assignment.Neither party may assign any rights or delegate any duties under this Agreement
without the written consent of the other party.
8.JurisdictioniSeverability.This Agreement shall be governed in all respects by the laws of
the State of Colorado.In the event of any dispute between the Parties,the exclusive venue for
dispute resolution shall be the District Court for and in Larimer County,Colorado.In the event
any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction,such holding shall not invalidate or render unenforceable any other
EXHIBIT A TO RESOLUTION 2023-041
provision of this Agreement.Any invalid or unenforceable portion or provision shall be deemed
severed from this Agreement and,in such event,the parties shall negotiate in good faith to
replace such invalidated provision in order to carry out the intent of the parties in entering into
this Agreement.
9.Miscellaneous.
a.Other than the final design funding commitment and its attendant coordination,either
party shall have the right to terminate any obligations hereunder for convenience upon
ninety (90)days written notice.
b.For the purpose of this Agreement,the University designates Aaron Fodge (contact
information below)as its representative.The City designates Spencer M.Smith (contact
information below)as its representative.If either representative receives communication
from the other,they shall respond within five business days.
c.All notices,certificates or other communications to be given hereunder shall be
sufficiently given and shall be deemed given when delivered or mailed by certified,
registered or overnight mail,postage prepaid,addressed as follows:
If to Colorado State University:
Ashraf Fouad
Assistant Director for Engineering and Capital Construction
Campus Delivery 6030
Fort Collins,CO 80523-6030
(970)837-6402
ashraf fouad@colostate.edu
With Copy to:
Office of the General Counsel
Campus Delivery 0006
Fort Collins,CO 80523-0006
If to Fort Collins:
Spencer M.Smith,P.E.
Special Projects Engineer,City of Fort Collins
281 North College Avenue
Fort Collins,CO 80524
EXHIBIT ATO RESOLUTION 2023-041
970-416-8054
smsmith@fc ov.com
d.Except as otherwise provided in this Agreement,any modifications to this Agreement
shall only be effective if agreed to in a formal amendment to this Agreement,properly
executed and approved by the designated representative for each party with the requisite
signature authority.
10.Headings.The headings and captions in this Agreement are intended solely for the
convenience of reference and shall be given no effect in the construction or interpretation of
this Agreement.
11.No Partnership or Agency.Notwithstanding any language in this Agreement or any
representation or warranty to the contrary,the parties shall not be deemed or constitute
partners,joint venture participants,or agents of the other.Any actions taken by the parties
pursuant to this Agreement shall be deemed actions as an independent contractor of the
others.
12.No Third-Party Beneficiaries.It is expressly understood and agreed that enforcement of
the terms and conditions of this Agreement and all rights of action relating to such
enforcement shall be strictly reserved to the parties.It is the express intention of the parties
that any person or entity other than the Parties shall be deemed to be only an incidental
beneficiary under this Agreement.
13.Governmental Immunity.Nothing in this Agreement or in any actions taken by the parties
or their respective elected officials,directors,officers,agents and employees pursuant to this
Agreement shall be construed or interpreted as a waiver,express or implied,of any of the
immunities,rights,benefits,protections,or other provisions of the Colorado Governmental
Immunity Act,Sections 24-10-101,et seq.,C.R.S.
14.No Personal Liability.No elected official,director,officer,agent or employee of the parties
shall be charged personally or held contractually liable under any term or provision of this
Agreement,or because of any breach thereof or because of its or their execution,approval or
attempted execution of this Agreement.
15.No Waiver.No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other of the provisions of this Agreement,nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided herein,nor shall the
waiver of any default hereunder be deemed a waiver of any subsequent default hereunder.
EXHIBITATO RESOLUTION 2023-041
16.Binding Contract.This Agreement shall inure to and be binding on the successors and
permitted assigns of the Parties.
17.Entire Contract.This Agreement constitutes the entire agreement between the Parties with
regard to the Project as defined above and sets forth the rights,duties,and obligations of
each to the other as of this date.Any prior agreements,promises,negotiations,or
representations not expressly set forth in this Agreement with regard to the Project are of no
force and effect.
18.Counterpart Execution.This Agreement may be executed in multiple counterparts;all
counterparts so executed shall constitute one agreement binding upon all parties,
notwithstanding that all parties are not signatories to the original or the same counterpart.
Documents executed,scanned and transmitted electronically and electronic signatures shall
be deemed original signatures for purposes of this Agreement and all matters related thereto,
with such scanned and electronic signatures having the same legal effect as original
signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date
first above written.By the signature of its representative below,each party affirms that it has
taken all necessary action to authorize said representative to execute this Agreement.
[SIGNATURE PAGE FOLLOWS]
EXHIBITATO RESOLUTION 2023-041
CITY OF FORT COLLINS,COLORADO
By:
Kelly DiMartino,City Manager
ATTEST:
By:
Anissa Hollingshead,City Clerk
Approved as to form:
By:
Heather N.Jarvis,Assistant City Attorney
THE BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY SYSTEM,
ACTING BY AND THROUGH COLORADO
STATE UNIVERSITY
Date:_____________________By:
Amy Parsons,President
Legal Review:
Date:_____________________By:
Grant N.Calhoun,Associate Legal Counsel
Colorado State University System
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