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HomeMy WebLinkAbout2020-071-08/04/2020-APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY FOR FUNDING THE 30% DESIGNINTERGOVERNMENTAL AGREEMENT FOR WEST ELIZABETH CORRIDOR CONCEPT DESIGN THIS AGREEMENT (the “Agreement”) is made and entered into this __day of ______, 2020, 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. The City and the University are working together on a concept 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 Corridor. This design has the intent of integrating current and proposed University multi-modal infrastructure into the overall West Elizabeth Corridor. In addition, this design will include improvements to the transit system, enhanced facilities for pedestrians and bicyclists, improved traffic safety, and will be in accordance with all City and University Master Plans. 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, supported by 20,000 jobs. The corridor is in need of increased levels of transit capacity, contiguous sidewalks, and multi-modal infrastructure improvements. C. The parties desire to enter into this Agreement in order to set forth mutual collaboration concerning the financing and overall process associated with the West Elizabeth Corridor Concept Design (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. General Purpose. The general purpose of this Agreement is to establish and formalize the 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 EXHIBIT A grant (https://www.transit.dot.gov/funding/grant-programs/capital-investments/about- program): • Total project cost is less than $300 million and total Small Starts funding sought is 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 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. The goal of this immediate effort is to provide a 30% concept design and get cost estimates for a final design, right of way acquisition, and construction funding. The City and University will then seek this additional funding, through the FTA, to execute the overall West Elizabeth Corridor project. 2. West Elizabeth Corridor Concept Design Process. a. The City agrees to include University personnel in regular (at least monthly) project meetings throughout the design process. 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 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. 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, CSU Board of Governors, and Executive Committee of the President’s Cabinet. iii. The University Primary Contact will be responsible for coordinating design review and approvals. iv. The University will have project representatives involved in community engagement and public outreach efforts throughout the design process. 3. Finance. The cost of the concept design will be paid by a combination of funding sources. The overall cost of the concept design is $1,500,000. Of the total, $750,000 is being funded by the Colorado Department of Transportation (CDOT) through award of the Multi-Modal Options Fund (MMOF) grant program. That funding is being made available as of July 1, 2020, which required a 50% “local match”. Of the required $750,000 local match funding for the design, the University has agreed to pay for $375,000, and the City has agreed to pay for $375,000. All funding shall be appropriated and made available by the time the design is awarded. 4. 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. 5. Assignment. Neither party may assign any rights or delegate any duties under this Agreement without the written consent of the other party. 6. 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. CITY OF FORT COLLINS, COLORADO By: _________________________________ _________________________ ATTEST: By: ________________________ City Clerk Approved as to form: By: _________________________ Asst. City Attorney THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY Date: ____________________ By: _________________________________ Joyce McConnell, President Legal Review: Date: ____________________ By: ______________________ ______________, General Counsel Colorado State University System