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HomeMy WebLinkAbout2015-044-04/21/2015-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE CONSTRUC RESOLUTION 2015-044 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE CONSTRUCTION AND MAINTENANCE OF THE NORTH SHIELDS STREET TRAILHEAD PARKING LOT AND TRAILS WHEREAS, the City is the owner of properties known as the McMurray, Salyer, and North Shields Ponds Natural Areas, along the Cache la Poudre River (the "City Properties"); and WHEREAS, in 2014, Larimer County began work on North Shields Street adjacent to the City Properties, including replacement of a bridge over the Poudre River (the "North Shields Project"); and WHEREAS, prior to beginning the North Shields Project, the County coordinated with the City to incorporate into the project scope improvements to benefit the City Properties; and WHEREAS, the County secured federal grants to complete the North Shields Project, including the trailhead parking and improvements requested by the City; and WHEREAS, the scope of the North Shields Project construction that includes the work benefitting the City Properties is estimated to cost $377,000, thirty two percent of which must come from local matching funds, pursuant to the federal grants; and WHEREAS, a proposed intergovernmental agreement setting out the terms under which the parties will cover the costs for the construction of the improvements benefitting the City Properties is attached as Exhibit "A" and incorporated herein by reference (the "IGA"); and WHEREAS, under the IGA, the City will contribute $206,000 from the Natural Areas Department, including $37,000 in in-kind services related to kiosk, signage, and .fence improvements; and $27,000 from the Park Planning Division, including land costs, to satisfy the City's portion of the 32% local matching fund requirement; and WHEREAS;funds have been appropriated and are available in the 2015 Natural Areas Department and Park Planning Division budgets to satisfy the local funding requirement for the project; and WHEREAS, the City's and County's financial obligations under the IGA are contingent upon the annual appropriation, budgeting and availability of specific funds to discharge those obligations; and WHEREAS, the, North Shields Project will benefit the City by providing improved parking access for natural areas and creating a better interface for recreational use of existing City trail facilities along the Poudre River, north of the Shields Street bridge; and - I - WHEREAS, the Land Conservation and Stewardship Board considered the IGA at its regular meeting on March 11, 2015, and unanimously recommended City Council approve the IGA; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes allows governments to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units; and WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit authorization by the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor is hereby authorized to enter into the Intergovernmental Agreement between the City and Latimer County in substantially 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 or to effectuate the purpose of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of April, A.D. 2015. Mayor ATTEST: �n �y��voerrco City Clerk c°tORAo° - 2 - EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF CONSTRUCTION AND MAINTENANCE OF SPECIFIC PARKING, TRAIL AND TRAILHEAD IMPROVEMENTS AS PART OF THE NORTH SHIELDS STREET BRIDGE WIDENING PROJECT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this day of , 2015, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City') and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO for the use and benefit of the Larimer Count)' Public Works Department(the "County"). I. RECITALS A. The parties to this Agreement entered into discussion in 2011 regarding inclusion of certain parking, trail and trailhead improvements for the benefit of City-owned property into a County project to improve North Shields Street; and B. The County's project entails widening a one-mile portion of Shields Street from Vine Street to Willox Lane to include a traffic lane and bike lane in each direction and a center turn lane/median, as well as replacing a bridge over the Poudre River with a new bridge wide enough to accommodate bike lanes and sidewalks, resulting in improved safety for traffic, bicyclists and pedestrians trying to access the river corridor (the "North Shields Project"); and C. The specific improvements requested by the City include a new parking lot, trailhead improvements and paved trails north of the Shields Street bridge to provide improved pedestrian access across the bridge to the Poudre Trail, to the river and to McMurry, North Shields Ponds, and Salyer Natural Areas (the "City Improvements"); and D. The County included the City Improvements in the federal grant applications it filed for the North Shields Project, which grant was awarded to the County to widen the bridge to add the bike lanes and sidewalks and to construct a parking lot (as requested by the City) to provide safer access to the Poudre River; and E. The federal grants awarded for the North Shields Project require 32% local matching funds; and F. The parties wish to enter into an intergovernmental agreement for purposes of coordinating the funding of the construction and maintenance involved in the City Improvements portion of the North Shields Project; and G. The parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and H. The North Shields Project is located both within the City and within the County, with the County assuming the lead in contracting for the performance of the work, and benefits being realized by residents of both the City and the County, as well as by all users of the improved portions of North Shields Street and the adjacent accesses to City natural area and park facilities; and 1. The parties agree it is in their best interests to work cooperatively in the construction of the North Shields Project, particularly with regard to the improved access being provided in the project to and at City facilities, including work on the eastern pond of the North Shields Ponds Natural Area; and J. The County has retained under contract a qualified construction contractor(the "Contractor") who is able to construct the North Shields Project in collaboration with City and County staff, and K. The County received the low bid of$5,814,028 to complete construction of the North Shields Project; that scope of the construction that includes the City Improvements which are calculated to cost approximately $328,000 (Three Hundred Twenty Eight Thousand Dollars); and L. The City and County agree the County will assume primary responsibility, with close coordination by the City, in determining the scope of work and budget to be issued to the Contractor; and M. This Agreement sets out the terms under which the parties will cover the costs for the construction of the City Improvements,as part of the North Shields Project. N. City and County agree to amend the estimated costs of each entity under this Agreement to reflect a mutually agreeable payment structure, based on a comparison of respective benefits and project needs. II. CONSIDERATION NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: III. TERMS 1. The City and the County intend to share the costs, as described herein, associated with completing the construction of improvements to the North Shields Project. 2. A document describing the cost estimate associated with constructing the City Improvements portion of the North Shields Project is marked as Exhibit"A" and attached hereto and incorporated by reference. The cost estimate for the construction of the City Improvements, without the cost of land, is calculated to total approximately $328,000 (Three Hundred Twenty Eight Thousand Dollars). The total cost estimate for the City Improvements including land, 2 rights of way and easements is calculated to be approximately $382,000 (Three Hundred Eighty Two Thousand Dollars). 3. Upon execution of this Agreement, the City will reimburse the County for a portion of the costs associated with the construction of the City Improvements, up to a total of$172,000 (One Hundred Seventy Two Thousand Dollars) out of its own funds, unless otherwise agreed to by the parties. The $172,000 includes: Bridge Extension to Accommodate Trail access to McMurry and Salyer Natural Areas - $86,516; River Access Rock Stairs - $30,000; and the local matching funds for the Federal Parking Lot Grant - 32% of$174,256 (total parking lot costs) = $55,762. 4. As of the date of this Agreement, the County has paid or will pay a portion of the costs associated with the construction of the City Improvements, calculated to be approximately $118,000 (One Hundred Eighteen Thousand Dollars) out of its own funds. 5. The City is contributing approximately $37,000 in materials and in kind services as set forth in Exhibit A. 6. The City has already conveyed approximately $24,000 in Right of Way and Temporary Construction Easements under Ordinance No. 119, 2014, and the County has donated approximately $30,000 in land for the parking lot and trails. 7. The City's total contribution including cash, materials contributions and land donations is approximately $233,000 and the County's total contribution including cash and land donation is approximately $148,000. 8. The City authorizes the County to pay, and the County agrees to pay the Contractor's fees and expenses for completing the construction of the North Shields Project from those funds transferred by the City, as previously approved by the Fort Collins City Council in the Natural Areas and Park Planning departments 2015 budgets. 9. The County shall maintain accurate accounts of all North Shields Project construction expenditures that are paid from the fees transferred by the City. The County shall provide to the City information detailing incremental and total construction expenditures for the City Improvements, and the remaining balance of funds on at least a quarterly basis. 10. The County shall notify and obtain the City's consent prior to authorizing any changes in the scope of services or other expenditures that would cause costs to exceed the amount budgeted in Exhibit A. 11. The City and County shall each designate a representative to serve on the Project construction team. The City and County will cooperate in the oversight of the construction process. Such oversight shall include input by appropriate technical specialists from both the City and the County staff. 12. Furthermore, final design work for the North Shields Project has been completed. This final design work encompasses the work from Vine Street to Wilcox Lane along North Shields Street, 3 adjacent to the North Shields Ponds Natural Area to the west, and the McMurry and Salyer Natural Areas to the east. 13. The City accepts no responsibility or liability for the services to be performed by the Contractor. 14. The City's and County's financial obligations under this Agreement are contingent upon the annual appropriation, budgeting and availability of specific funds to discharge those obligations. Nothing in this Agreement shall create a payment guaranty by either party or a debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any similar provisions of the City's charter or ordinances. 15. The City and County intend that this Agreement bind them, their officers and employees. Either party shall be permitted to specifically enforce any provision of this Agreement in a court of competent jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Name Title ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 4 BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO For the use and benefit of the Larimer County Engineering Department By: Name Title ATTEST: County Clerk APPROVED AS TO FORM: County Attorney 5 EXHIBIT A SCOPE OF CITY IMPROVEMENTS The following is a more detailed description of the improvements requested by the City: • A parking lot for 42 cars and one bus will be constructed northwest of the bridge on land owned by Latimer County. The parking lot improvements will include a double vault toilet, paved handicap parking, kiosk, bike racks, site sign, and an electric gate to control access between dusk and dawn. • A 6' wide concrete sidewalk/trail will be constructed to connect the parking area with the North Shields Ponds Natural Area as requested by Natural Areas. • An 8' wide paved trail will be constructed to meet ADA standards for access. This trail will link the parking lot to the west side of Shields Street and the river , then continue under the north end of the bridge and up to the east side of Shields Street. The paved trail on the east side of Shields will connect with a natural surface trail that will provide access to McMurry and Salyer Natural Areas. Rock stairs will be constructed to provide tubers and kayakers access into the river. Latimer County lengthened the bridge at Natural Areas request to accommodate the 8' wide trail under the north end of the bridge. • An additional benefit of the project will be the County's filling of a small portion of the eastern pond at North Shields Ponds Natural Area to accommodate the widening of North Shields Street and to construct a new trail along the east shore of the pond to improve access around the pond and to construct a wider wetland edge to the pond. The total cost to construct the parking lot and trail improvements requested by the City has been calculated to be approximately $328,000. Latimer County, Parks and Natural Areas will each pay for a portion of the parking lot and trail improvements requested by the City. The land and improvements costs are outlined below. The County will pay for or contribute the following: • Parking Lot and Trail Improvements: Using Grant Funds $174,256 • Less City Contribution of 32%to Cover Local Match for Grant $ 55,762 Total County Construction Costs $118,494 • Land donated for Parking Lot and Trails $ 30.000 Total County Contribution $148,494 Natural Areas will pay for or contribute the following: • Bridge Extension to Accommodate Trail access to McMurry and $86,516 Salyer Natural Areas - Cash • River Access Rock Stairs - Cash $30,000 • 60% of the 32% Local Funds Match for Grant- Cash $33,457 Total Natural Areas Reimbursement to County Costs $149,973 • Kiosk, Site Sign, Vault Toilet, Fence and Gate - in Kind $37,280 • Donation of Road Right of Way and Temporary Easements $19,146 Total Natural'Areas Contribution $206,399 Parks will pay for or contribute the following_ • 40% of the 32% Local Funds Match for Grant Cash $22,305 Total Park's Reimbursement to County Costs $22,305 • Donation of Road Right of Way and Temporary Easement $ 4,766 Total Park's Contribution $27,071 The County's total contribution to the parking lot and trails requested by the City will be approximately $149,000. Natural Areas total contribution will be approximately $206,000 and Parks total contribution will be approximately $27,000. The total contribution by the City for the parking lot and trails will be $233,000. Reimbursement to the County in cash will be $149,973 from Natural Areas and $22,305 from Parks for a total of$172,278. Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the new paved trails north of the bridge providing access to McMurry Natural Area, North Shields Pond Natural Area, the Poudre Trail and the Poudre River. The estimated annual costs are $9,000 for maintenance and of$7,000 for capital replacement costs for a total annual expense of$16,000.