HomeMy WebLinkAbout2018-002-01/02/2018-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY REGARDING THE ELIZABETH ST l
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RESOLUTION 2018-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY REGARDING THE ELIZABETH STREET
AND SHIELDS STREET BICYCLE AND PEDESTRIAN UNDERPASS
WHEREAS, the City and Colorado State University (CSU) are parties to an
Intergovernmental Agreement dated April 13, 2015, as amended by a First Addendum dated June
22, 2017, 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 Elizabeth Street and Shields Street intersection,including construction
of an underpass under Shields Street; 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(Elizabeth and Shields Underpass) attached as Exhibit"A"and incorporated herein
by reference (the "MOU"); and
WHEREAS, under the MOU, the City would continue to own and maintain infrastructure
within the rights-of-way of Elizabeth Street and Shields Street, and would assume ownership and
maintenance responsibility for the underpass structure, electric lighting system, and new
landscaping and storm drainage improvements located in the right-of-way, and CSU would own
and maintain all structures outside of the right-of-way on University property, including sidewalks,
new landscaping, retaining walls, ramps, stairs, and lighting and irrigation 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
" -1-
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
i 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 (Elizabeth and Shields 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 a regular meeting of the Council of the City of Fort Collins this 2nd
day of January, A.D. 2018.
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DRAFT December 20, 2017 EXHIBIT A
MEMORANDUM OF UNDERSTANDING
(ELIZABETH AND SHIELDS UNDERPASS)
This Memorandum of Understanding (the "Agreement") is made and entered into this
day of 120181 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 , as amended by a First Addendum dated June 22, 2017 (the "Stadium IGA") the
University agreed to construct or fund certain improvements at the Shields Street and
Elizabeth Street intersection including an underpass below Shields Street (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
December 5 , 2017 at No . 20170081889 ("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 :
I . 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 14 ' wide by 9 ' tall by 102 ' long, through
the City' s right-of-way on Shields Street. The project also contains ramps, retaining
walls, stairs, landscaping, irrigation, and storm sewer infrastructure. These components
are on University property to the east of Shields Street and within the City' s right-of-way
to the west of Shields Street.
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 August 14, 2017, the date that the Underpass opened to the
public, the City has assumed ownership and maintenance responsibilities for:
(i) Snow removal for the Elizabeth Street and Shields Street roadways (curb to
curb), snow removal from the attached sidewalks on Elizabeth and Shields adjacent to the
Campus West Shops parcel, snow removal of the underpass ramp and stairs at the southwest
corner of the Elizabeth and Shields intersection, and snow removal within the underpass
structure (under Shields Street) ;
(ii) Signing and striping with the City ' s right-of-way;
(iii) The traffic signal system and all appurtenances at the Elizabeth and Shields
intersection, the bicycle and pedestrian (HAWK) signal system at the Elizabeth mid-block
crossing;
(iv) Closing the Underpass when large storm events make the Underpass unsafe for users ;
(v) The Art in Public Places components and all appurtenances along the Elizabeth corridor and
on the retaining walls leading to and from the underpass area; and
(b) Additional City Responsibilities. Commencing on August 14, 2018 , the City will take on
ownership and maintenance responsibilities for:
(i) The Underpass "Structure" under Shields Street which will be defined as : a secant wall
system used to keep groundwater out of the underpass area, pre-cast concrete boxes inside the
secant wall system, and both headwalls ;
(ii) All structural elements within the newly acquired City' s right-of-way, south of Elizabeth and
west of Shields, including retaining walls, ramps, stairs, and railings ;
(iii) The complete storm sewer system within the City ' s right-of-way and utility easements,
including the underpass trench drains and 12" diameter storm pipe beneath the underpass
structure to the well vault owned by the University;
(iv) All landscape and irrigation items within the City' s right-of-way including : trees, tree
grates, shrubs, plants, mulch, cobble, and the complete irrigation system downstream of the tap
from CSU property;
(v) Coordination with the University for programming the irrigation controller (the irrigation
controller is located on University property, southeast of the Underpass structure, and serves the
City ' s right-of-way landscape areas) ; and
(vi) Electrical lighting circuit, fixtures, and all appurtenances for the Underpass structure (the
meter is located on the University property, southeast of the Underpass structure) .
(c) University Responsibilities. Commencing on August 14, 2017 , the University will take on
the ownership and maintenance responsibilities for:
(i) Snow removal from the attached sidewalks on University property, and snow removal of the
underpass ramp and stairs on University property (east of Shields) ;
(ii) Maintenance of the sidewalks on University property as shown on Exhibit A;
(iii) The well vault, pumps, outlet pipe, and all appurtenances associated with this manhole ;
(iv) All landscape and irrigation items on University property including : trees, shrubs, plants,
mulch, cobble, and the complete irrigation system and mainline water source from University
property;
(v) The University will supply the irrigation water to the University owned landscape areas, as
well as, supply the irrigation water to the City right-of-way landscape areas (the irrigation water
is at zero cost to the City) ;
(vi) All structural elements on University property, south of the Moby parking lot and east of
Shields, including retaining walls, ramps, stairs, and railings;
(vii) Electrical lighting circuit, fixtures, and all appurtenances on University property.
(viii) Signing and striping on University property; and
(ix) Items listed in 2(b) above until August 14, 2018 ; when the City will assume ownership and
maintenance of such items.
3 . Acceptance of the Structure by the City. Prior to accepting the Structure, the City requires
the following:
(a) An electronic copy of the construction documentation package
(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
O1 Administration Building
Colorado State University
Fort Collins, CO 80523 -0006
Facilities Management
Colorado State University
6030 Campus Delivery
Fort Collins, CO 80522
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 nondefaulting
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 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 Corrupt 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.
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
By :
Darin A. Atteberry, City Manager
Date :
ATTEST
City Clerk
(Print Name)
APPROVED AS TO FORM :
Assistant City Attorney
(Print Name)
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 University System
By :
Jean M. Christman
Senior Associate Legal Counsel
Date :
EXHIBIT A
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