HomeMy WebLinkAbout2017-043-05/16/2017-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY REGARDING THE PROSPECT ROA RESOLUTION 2017-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY REGARDING THE PROSPECT ROAD
AND CENTRE AVENUE BICYCLE AND PEDESTRIAN UNDERPASS
WHEREAS, the City and Colorado State University (CSU) are parties to an
Intergovernmental Agreement dated April 13, 2015, regarding the impacts of the new on-campus
stadium on the CSU campus and surrounding areas of the City (the "2015 IGA"); and
WHEREAS, as part of the 2015 IGA, CSU agreed to construct or fund the construction
of certain improvements at the Prospect Road and Centre Avenue intersection, including
construction of an underpass under Prospect Road; and
WHEREAS, certain components of the underpass are within the City's right-of-way, and
other components are on CSU property outside the right-of-way; and
WHEREAS, the City and CSU have negotiated an agreement regarding ownership and
maintenance responsibility for the underpass, as described in. the proposed Memorandum of
Understanding (Prospect and Center Underpass) attached as Exhibit "A" and incorporated herein
by reference (the "MOU"); and
WHEREAS, under the MOU, the City would assume ownership and maintenance
responsibility for the underpass structure and electric lighting system located in the right-of-way,
and CSU would own and maintain all structures outside of the right-of-way, as well as
landscaping, irrigation and storm sewer systems; and
WHEREAS, the City would own and maintain the underpass structure in the right-of-way
as part of its Bridge Program, and would own, operate and maintain the electric lighting system
in the right-of-way as part of its streetlighting program; and
WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City
Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or joint
activities with other governmental bodies; and
WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and
other cooperative arrangements between the City and other governmental entities are to be
submitted to the City Council for review, unless they fit within one of the exceptions that permit
execution by the City Manager; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
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WHEREAS, the Council finds it is in the best interests of the City and in furtherance of
the objectives of the 2015 IGA to enter into the MOU.
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 Manager is hereby authorized to execute the Memorandum
of Understanding (Prospect and Center Underpass) in substantially the form attached hereto as
Exhibit "A," with such modifications and additions as the City Manager, in consultation with the
City Attorney, determines to be necessary and appropriate to protect the interests of the City or
effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins
this 16th day of May, A.D. 2017. G'
SEAL .� Mayor
ATTEST: c;••.
ORAGO
Vv VV
City Clerk
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
(PROSPECT AND CENTER UNDERPASS)
This Memorandum of Understanding (the "Agreement") is made and entered into this day
of 2017, 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").
RECITALS
A. In the Intergovernmental Agreement Related To An On-Campus Stadium dated April 13,
2015 (the "Stadium IGA") the University agreed to construct or fund certain
improvements at the Prospect Road and Centre Avenue intersection including an
underpass below Prospect Road (the "Underpass")
B. In connection therewith, the University granted to the City a Deed of Dedication for
Right-of Way which was recorded at the Larimer County Clerk and Recorder on June 24,
2016 at No. 20160040358 ("Right-of-Way"); and
C. This Agreement is intended to clarify the rights and responsibility of the parties
concerning the ownership and maintenance of the Underpass and adjoining Right-of-Way
areas.
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 agree as follows:,
1. General Purpose. The general purpose of this Agreement is to allocate the responsibility of
the parties for the operation and maintenance of the Underpass and adjoining right-of-way
areas, which are shown on Exhibit A to this Agreement and incorporated herein by this
reference. The Underpass is approximately 18' wide by 9'tall by 92' long, through the City's
right-of-way on Prospect Road. The project also contains ramps, retaining walls, stairs,
landscaping, and storm sewer infrastructure. These components are on University property,
outside of the City's right-of-way.
2. Ownership and Maintenance of Improvements. The City and University agree to each be
responsible for the maintenance of the Underpass and related areas as set forth below:
(a) City Responsibilities. As of December 6, 2016, the date that the.Underpass opened to
the public; the City has assumed ownership and maintenance responsibilities for:
(i) Snow removal for the Prospect Road and Center Avenue roadways (curb to
curb);
(ii) Signing and striping with the City's right-of-way;
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EXHIBIT A
(iii) The traffic signal system, and all appurtenances at the Prospect and Center
intersection; and
(iv) Closing the Underpass when large.storm events make the Underpass unsafe for
users.
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(b) Additional City Responsibilities. Commencing on November 1, 2017, the City will
assume ownership and maintenance responsibilities for:
(i) The "Structure" within the Prospect right-of-way which will be defined as: H-piles,
sheet piling and all concrete (pre-cast and cast-in-place), and headwalls within the City's
Right-of-Way; and
(ii) Electrical lighting circuit, fixtures, and all appurtenances for the Underpass structure.
(c) University Responsibilities. As of December 6, 2016, the University has assumed
ownership and maintenance responsibilities for:
(i) Snow removal for the at-grade sidewalks adjacent to the Underpass, the ramps from
Bay Drive to Lake Street, the structure under Prospect Road and the two sets of stairs
associated with the Underpass;
(ii) Maintenance of the sidewalks as shown on Exhibit A;
(iii) All lighting associated with the ramps, outside of the City's Right-of-Way;
(iv) All landscape and irrigation systems installed with the Underpass project, including
the Right-of-Way area;
(v) Pre-cast concrete walls outside of the City's Right-of-Way;
(vi) Storm sewer system and all appurtenances related to the Underpass;
(vii) Retaining walls;
(viii) Signing and striping for the Underpass only; and
(ix) Items listed in 2(b) above until November 1, 2017.
(d) Failure to Maintain Improvements. In the event that the University fails to maintain
the improvements as set forth herein, the City reserves the right to notify the University in
writing, and if such maintenance remains deficient for a period of thirty (30) days after the
date of such notice, the City may perform the maintenance deemed necessary and the
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EXHIBIT A
University will reimburse the City for the cost of such maintenance upon receipt of a written
invoice.
3. Acceptance of the Structure by the City. Prior to.accepting the Structure, the City requires
the following:
(a) A copy of the construction documentation package as outlined in the Memo provided
to the University on January 8, 2016;
(b) A site walk with the University and the Contractor to identify punch list items; and
(c) A follow-up site walk with the University and Contractor to ensure all punch list
items have been satisfactorily addressed.
4. Notice. Whenever a notice is either required or permitted to be given, it shall be given in
writing and delivered personally, or delivered by the U.S. Postal Service, certified mail,
return receipt requested, to the other party at the address indicated below or at such other
address as may be designated by either party:
If to the City: City of Fort Collins
City Manager
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorneys' Office
P.O. Box 580
Fort Collins, CO 80522
If to the University: Vice President for University Operations
309 Administration Building
Colorado State University
Fort Collins, CO 80523
With copies to: Office of the General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523-0006
Facilities Management
Colorado State University
6030 Campus Delivery
Fort Collins, CO 80522
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EXHIBIT A
5. Liability.
(a) The University shall be responsible for any and all claims, damages, liability and
court awards incurred as a result of any action or omission of the University or its
officers, employees, and agents in connection with the performance of this Agreement. _
(b) The City shall be responsible for any and all claims, damages, liability and court
awards incurred as a result of any act or omission by the City, or its officers, employees,
and agents in connection with the performance of this Agreement.
(c) Nothing in this Agreement shall be construed as a waiver of the notice
requirements, defenses, immunities, and limitations the City or University may have
under the Colorado Governmental Immunity Act(C.R.S. § 24-10-101 et seq.) or to any
other defenses, immunities, or limitations of liability available to the City or the
University by law.
6. Default/Remedies.
(a) Except as otherwise provided herein, in the event any party should fail or refuse to
perform according to the terms of this Agreement, such party may be declared in default
thereof.
(b) In the event a party has been declared in default hereof, such defaulting party shall be
allowed a period of thirty (30) days, from receipt of notice of the default from the non-
defaulting party, within which to cure the default. In the event the default remains
uncorrected, the non-defaulting party may require specific performance or avail itself of any
other remedy at law or equity.
7. Tabor. All financial obligations of the City or the University arising under this Agreement
that are payable after the current fiscal year 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.
8. Assignment. Neither party may assign any rights or delegate any duties under this
Agreement without the written consent of the other party.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties,
their officers, employees, agents, and assigns and shall inure to the benefit of their respective
survivors, heirs, successors and assigns. Covenants or representations not contained in this
Agreement shall not be binding on the parties.
10. Jurisdiction/Severability. This Agreement shall be governed in all respects by the laws of
the State of 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
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EXHIBIT A
render unenforceable any other provision of this Agreement.
11. No Beneficial Interest. The signatories aver that to their knowledge, no state employee has
any personal or beneficial interest whatsoever in the service or property described herein.
12. No Corruat Influences. The signatories aver that they are familiar with Section 18-8-301, et
seq. (Bribery and Corrupt Influences) and Section 18-8-401 et seq. (Abuse of Public Office)
of the Colorado Revised Statutes, as amended, and that no violation of such provisions is
present.
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EXHIBIT A
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on
the day and year first above written.
The City of Fort Collins,
A Colorado Municipal Corporation
y
By:
Title:
Date:
ATTEST
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
Date:
The Board of Governors of the Colorado
State University System, acting by and
through Colorado State University
By:
Lynn Johnson, Vice President for University Operations
Date:
APPROVED AS TO FORM:
Office of the General Counsel
Colorado State Universiy System
By:
Jean M. Christman
Senior Associate Legal Counsel
Date:
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EXHIBIT A
EXHIBIT A
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