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
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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°
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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,
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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,
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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
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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
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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.