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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/04/2021 - ITEMS RELATING TO THE STATE HIGHWAY 1 / DOUGLAS RO Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 4, 2021 City Council STAFF Mark Laken, Civil Engineer II Dan Woodward, Civil Engineer I Brad Buckman, Manager, Civil Engineering Judy Schmidt, Legal SUBJECT Items Relating to the State Highway 1 / Douglas Road Intersection Improvement Project. EXECUTIVE SUMMARY A. Resolution 2021–051 Authorizing Execution of the First Amendment to the Intergovernmental Agreement Between the City of Fort Collins and Larimer County for the State Highway 1/Douglas Road Signal Project. B. First Reading of Ordinance No. 066, 2021, Making a Supplemental Appropriation for the State Highway 1/Douglas Road Intersection Improvements Project. The purpose of this item is to enable the City to receive and expend reimbursement funds fro m Larimer County for constructing intersection improvements associated with the State Highway 1/Douglas Road Intersection Improvements Project. This item will authorize the Mayor to execute the First Amendment to the Intergovernmental Agreement for the State Highway 1/Douglas Road Signal Project dated May 7, 2019 (IGA) with Larimer County. This item will also appropriate $437,376 (to be reimbursed by the County under the IGA) in the Capital Projects Fund for the project. These funds will be used for the co nstruction of a traffic signal and related intersection improvements at the State Highway 1 and Douglas Road intersection. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Larimer County considers the State Highway (SH) 1 and Douglas Road intersection the top ranked intersection in need of signalization improvements. As this intersection falls within the City’s Growth Management Area (GMA), the City has a vested interest in improving this intersection as well. The intersection has high vehicular volumes and speeds on SH 1 as compared to cross traffic on Douglas Road. Analysis performed by CDOT indicates a high potential to enhance safety at the intersection by adding the signal. In 2019, Larimer County applied for and received a Federal Highway Safety Improvement (HSIP) Grant in the amount of $550,000 to design and install traffic signals at the intersection. Shortly thereafter, the City entered into the IGA to define project roles, responsibilities, and funding/reimbursements. Larimer County agreed to design the improvements and perform grant management while the City agreed to oversee the construction and provide long term maintenance of the signal (as it does with other signals under an agreement with the Colorado Department of Transportation – “CDOT”). As HSIP funds are grant funds, all funds expended on the project will be subject to applicable CDOT and Federal guidelines. Larimer County has spent $112,624 of the HSIP funds to design the SH1/Douglas Road intersection improvements and to purchase the signal poles required for construction. This agreement will reallocate the Agenda Item 14 Item # 14 Page 2 remaining $437,376 to the project’s construction phase as well as make these funds to be reimbursed by t he County available for expenditure by the City for all work associated with the construction phase of the project. Independent of this project, the City previously received federal grant funds to design and construct intersection improvements at the Drake Road and Hampshire Road intersection. Due to the similar nature of work required for both projects, CDOT, Larimer County, and the City have agreed that both projects can be delivered more efficiently as a single construction project compared with two independent, smaller construction projects. Staff also anticipates more competitive pricing delivering both intersection improvements under a single contract. This method of contracting is intended to permit completion of the project for the remaining available funds or $437,376. As HSIP funds are ineligible for use toward public art, the project does not include a contribution to the Art in Public Places Program. CITY FINANCIAL IMPACTS The following is a summary of the project funding: Funds to be Appropriated with this Action Larimer County Reimbursement Funds $437,376 Total Current Project Budget $437,376 PUBLIC OUTREACH Staff did not participate in public outreach during the design phase of the project as this was managed by County staff. Staff and County staff will collaboratively develop a comprehensive communication plan for the construction phase to reach residents, property owners, business owners, and other stakeholders. County staff will serve as the lead for public outreach during construction. ATTACHMENTS 1. Vicinity Map (PDF) 9,&,1,7<0$3 +:<$1''28*/$652$' ATTACHMENT 1 -1- RESOLUTION 2021-051 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND LARIMER COUNTY FOR THE STATE HIGHWAY 1 / DOUGLAS ROAD SIGNAL PROJECT WHEREAS, the Colorado Department of Transportation (“CDOT”) awarded the County a Federal Highway Safety Improvement Program (“HISP”) grant in the amount of a total project cost up to $550,000 for the State Highway 1 / Douglas Road Signalization Project (the “Project”); and WHEREAS, the City and County entered into the original Intergovernmental Agreement on May 7, 2019 (the “IGA”) in which the County would design and coordinate the Project and the City would construct the Project, and be reimbursed by the County from Federal and State grant funds (collectively the “Grant Funds”); and WHEREAS, the City of Fort Collins and Larimer County wish to enter into a First Amendment to the Intergovernmental Agreement for the State Highway 1 / Douglas Road Signal Project substantially in the form attached hereto as Exhibit A and incorporated herein by reference (“First Amendment to the IGA”) to allocate the remaining Grant Funds currently budgeted and appropriated in the amount of $437,376 (“Remaining Grant Funds”) to fund the City’s construction of the signal and related improvements as set forth therein; and WHEREAS, Article II, Section 16 of the City of Fort Collins Charter empowers the City Council, by ordinance and 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, Section 29-1-203 of the Colorado Revised Statutes and Article XIV, Section 18 of the Colorado Constitution 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 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. WHEREAS, the City Council has determined that the First Amendment to the IGA is in the best interests of the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That, subject to adoption of Ordinance No. 066 appropriating the Remaining Grant Funds for the Project, the Mayor is hereby authorized to execute the First Amendment to the IGA substantially in 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 4th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Contract # 11696331 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT FOR STATE HIGHWAY 1 / DOUGLAS ROAD SIGNAL PROJECT THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ("First Agreement") is made and entered into by and between LARIMER COUNTY, COLORADO, a body politic organized under and existing by virtue of the laws of the State of Colorado ("County") and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule municipal corporation ("City"). RECITALS WHEREAS, the Colorado Department of Transportation ("CDOT") awarded the County a Federal Highway Safety Improvement Program (HSIP) grant in the amount of a total project cost up to $550,000 for the State Highway 1 / Douglas Road Signalization Project (the "Project"); and WHEREAS, the City and County entered into the original Intergovernmental Agreement on May 7, 2019 in which the County would design and coordinate the Project and the City would construct the Project, and be reimbursed by the County from Federal and State grant funds (collectively the “Grant Funds”); and WHEREAS, the original grant agreement between the County and the Federal Government funding the Project reflected a Federal contribution of 80% and a local match of 20% for which the County was responsible; and WHEREAS, subsequently, it was determined that the appropriate Federal grant contribution was 90%, and the local match of 10% would be covered by the Colorado Department of Transportation (“CDOT”); those grant agreements have been amended accordingly; and WHEREAS, the Grant Funds are broken down as follows: 1) Federal Funds will provide up to $495,000.00 for the Project; and 2) CDOT will provide local matching funds equaling ten percent (10%) of the total Project cost up to an amount of $55,000.00; and WHEREAS, to date, the design of the Project has been completed by the County, and the County received reimbursement of $71,953.49 for its costs of design of the Project from the Grant Funds; and WHEREAS, the City has expended an additional $53.750.50 in purchasing parts for the Project, $40,670.40 of which it has invoiced the County and the County agrees to pay; and WHEREAS, the City and County agree that there will be a shared public benefit by both parties for the Project and agree to collaborate on the Project. This can be accomplished by cash or in-kind services that will reduce overall Project cost; and EXHIBIT A WHEREAS, the City and the County agree that because the Project is located in the City's Growth Management Area and because the City will operate and maintain the signal for CDOT once complete pursuant to an existing intergovernmental agreement between the City and CDOT, and because the City would like to ensure the signal meets City operation and maintenance needs and because estimated Project costs can be lowered thereby reducing the local match requirement, that it is in both the City and County's best interest for the City to design and construct the signal; and WHEREAS, the City and County agree that the County will remain the grant recipient and manage the Project and reimburse the City for costs related to the design and construction of the signal; and WHEREAS, the Parties agree that should the Project costs exceed the current grant funding amounts, the County and City will be equally responsible for these costs subject to appropriations ; and WHEREAS, the Parties intend that the specific provisions set forth in Sections 1 and 2 of this Amended Agreement set forth below shall expressly supersede Sections 1 and 2 of the original Intergovernmental Agreement on May 7, 2019. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Sections 1 and 2 of the original Intergovernmental Agreement on May 7, 2019 are hereby amended in their entirety to read as follows: 1. City Obligations a. The City will construct the signal consistent with the Scope of Work attached hereto as Exhibit A (the " Work"). The Work is estimated to occur in 2021. b. On a recurring basis, City will invoice the County for the Work to an amount up to the remaining Grant Funds currently budgeted and appropriated in the amount of $437,376.11 at the time of this Agreement (“Remaining Grant Funds”), unless increased costs are previously approved by the Parties through written and signed change orders and/or contract amendments to exceed such amount. c. The City will give the County reasonable notice and documentation to support any increased costs to aid the County in timely allocating funds for any costs over the Remaining Grant Funds currently budgeted and allocated for this Project. d. The City and County will equally split any Project cost that exceeds the Remaining Grant Funds. e. Once the Work is complete, the City will operate and maintain the signal consistent with the current maintenance contract with CDOT adopted by City resolution 2019-001 (as it may be amended) and any applicable City policies and practices. 2. County Obligations a. The County will provide grant management with CDOT, project design management, public outreach, complete site design and all construction not specifically related to the signalized intersection project including but not limited to survey, utilities, and right-of-way acquisition. b. The County will pay any invoices described in l(b) above within thirty (30) days of receipt. c. The County acknowledges that the cost of the Project may exceed the Remaining Grant Funds currently budgeted. To that end, the County agrees to act in good faith in seeking future appropriations for the Project should they become necessary. The County further acknowledges that this approval of funds, subject to appropriations, is a pre-requisite to the City authorizing additional work beyond the Remaining Grant Funds. The County further agrees that the City will be equally responsible for any costs of the Project over what is reimbursed by the County. B. The original Agreement remains in full force an effect, except where expressly superseded by this Amended Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of ________________________________ day and year first written above. [Remainder of Page Left Blank Intentionally] CITY OF FORT COLLINS, COLORADO By: _________________________ Wade Troxell, Mayor ATTEST: __________________________ City Clerk Approved to form: ________________________ Judy Schmidt, Sr. Assistant City Attorney LARIMER COUNTY, COLORADO By: ______________________________ Chair, Board of County Commissioners _______________________________ Clerk Approved as to form: ________________________________ Deputy – County Attorney Exhibit A - City of Fort Collins Scope of Work The City portion of this project is for the installation of a four-phase signalized intersection including pedestrian facilities at the intersection of State Highway 1 & CR 54 (Douglas Road) in Larimer County, CO. The project involves the following work tasks: • Development of traffic signal design plans. • Traffic signal construction cost estimate • Pedestrian facilities improvements (ramps) • Traffic signal Scope of Work Task 1 - Project Coordination. The City Traffic Operations Department will coordinate with other project team members including Larimer County and CDOT as necessary during the project to discuss traffic design issues and project scheduling, coordinate work done by others including concrete work, coordinate work area traffic control during construction and to determine any other project specific requirements. Task 2 - Construct Signalized intersection. Upon completion of the design, City Engineering Dept. will advertise the project for construction and oversee the signalized intersection construction including order material, schedule the work, obtain all necessary permits and install the new traffic signal. Once completed the signal will be turned on in accordance with the City's policy for the turn on of new traffic signal. -1- ORDINANCE NO. 066, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING A SUPPLEMENTAL APPROPRIATION FOR THE STATE HIGHWAY 1 / DOUGLAS ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Colorado Department of Transportation ("CDOT") awarded Larimer County a Federal Highway Safety Improvement Program (HSIP) grant in the amount of a total project cost up to $550,000 for the State Highway 1 / Douglas Road Signalization Project (the "Project"); and WHEREAS, the City and County entered into an original Intergovernmental Agreement on May 7, 2019 (the “IGA”) in which the County would design and coordinate the Project and the City would construct the Project, and be reimbursed by the County from Federal and State grant funds (collectively the “Grant Funds”); and WHEREAS, the City of Fort Collins and Larimer County are entering into a First Amendment to the IGA (“First Amendment to the IGA”) to allocate the remaining Grant Funds awarded to the County in the amount of $437,376 to fund the City’s construction of the signal and related improvements as set forth therein; and WHEREAS, the purpose of this Ordinance is to appropriate the remaining Grant Funds the City will receive from the County to reimburse the City for construction of the signal and related improvements as set forth in the First Amendment to the IGA; and WHEREAS, this appropriation benefits the public health, safety and welfare of the City’s residents and serves the public purpose of funding the City’s construction of the signalization and related improvements that are included in the Project; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues and all other funds to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in that Fund during any fiscal year; and WHEREAS, the project funds being appropriated here are ineligible for public art purposes, as Section 23 -304 of the City Code otherwise requires, due to grant restriction on the use of the funds. -2- NOW, THEREFORE, BE IT ORDAINED 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 there is hereby appropriated from anticipated grant revenue in the Capital Projects Fund the sum of FOUR HUNDRED THIRTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-SIX DOLLARS ($437,376) for expenditure from the Capital Projects Fund for the State Highway One and Douglas Road Intersection Improvements Project. Introduced, considered favorably on first reading, and ordered published this 4th day of May, A.D. 2021, and to be presented for final passage on the 18th day of May, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2021 __________________________________ Mayor ATTEST: _______________________________ City Clerk