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