HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/03/2009 - ITEMS RELATING TO AN INTERGOVERNMENTAL AGREEMENT B (2) ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: February 3, 2009
FORT COLLINS CITY COUNCIL STAFF: Mark Jackson
Rick Richter
SUBJECT
Items Relating to an Intergovernmental Agreement between the City of Fort Collins, the Town of
Windsor and the Colorado Department of Transportation.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
FINANCIAL IMPACT
The Transportation Commission's approval of the System Level Study on January 21,2009 and the
approval of the Intergovernmental Agreement(IGA)will allow the project to be designed and ready
for construction. Design funding in the amount of$1,937,878 was earmarked for this project by
CDOT. Of that amount, $169,355 will be withheld for CDOT review, the remaining funds of
$1,768,523 will cover the cost of consultant design and City and Town review. The total amount
appropriated will be$1,768,523. The total cost of the design will be funded by CDOT so no local
match is required. The preliminary cost of the interchange construction is estimated to cost an
additional$22.7 million(not including right-of-way). The cost of constructing the interchange and
right-of-way acquisition is not part of this IGA. If construction funding becomes available,a second
IGA will be required.
EXECUTIVE SUMMARY
A. Resolution 2009-010 Approving an Intergovernmental Agreement with the Town of
Windsor and the Colorado Department of Transportation Concerning the Design of the
Interstate 25/State Highway 392 Interchange.
B. First Reading of Ordinance No. 018, 2009, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Interstate 25 and State Highway 392 Interchange and
Improvements Project.
The City Council and the Windsor Town Board have held three joint work sessions to discuss the
1-25 and State Highway 392 Interchange Improvements and System Level Study (1601 Process).
The System Level Study for this interchange was approved by the Transportation Commission on
January 21, 2009. This approval, along with a signed IGA, will allow the project to move into the
final design phase. This agreement outlines the disbursement of the $1,937,878 million available
from CDOT for the design of the interchange. Ordinance No. 018, 2009, authorizes the
appropriation of$1,768,523 in lieu of revenue from the General Fund to the Capital Projects Fund
for the design of the I-25 and SH392 Interchange Improvements.
February 3, 2009 -2- Item No. 21
BACKGROUND
The I-25 and State Highway 392 Interchange is an integral, yet poorly functioning part of the state
transportation network. In January 2006, the City of Fort Collins (City) and the Town of Windsor
(Town)entered into an Intergovernmental Agreement(IGA)to develop a plan for the improvement
of the interchange, including implementation strategies.
A plan was presented to the City, the Town, and affected interest groups. A joint task force (staff
from the Town,City,and a potential Developer)was formed to focus on the specific financing tools
to use for funding scenarios of the interchange improvements. The System Level Study includes
three possible funding scenarios.
The two-year process to develop the 1-25/SH 392 Interchange Improvement Plan was completed in
early 2008. The Study established a foundation for implementing the needed interchange
improvements and developing some financing tools available to the Town and the City.
The next step was the completion of a CDOT approved System Level Study. The City and Town
chose to move forward with the System Level Study. A System Level Study is a CDOT mechanism
for seeking approval from the Federal Highway Administration (FHWA) to reconstruct or modify
an interchange on the Interstate Highway System. The Study included conceptual design,
environmental clearance, and a financing package. Staff representatives from Fort Collins and
Windsor worked in collaboration with a consultant team to complete the requirements of CDOT and
FHWA. The System Level Study was approved by the Transportation Commission on January 21,
2009. Completion of these requirements allows the project to be designed and ready for
implementation when construction funding is available.
This IGA between the Town, City and CDOT identifies the process for administrating the
$1,937,878 million that is available from CDOT. The IGA identifies the scope of work for the
design, describes how the design contract will be managed, and defines funds for CDOT`s design
review. The scope of work includes provisions specifying that any additional wetlands mitigation
beyond levels required by the National Environmental Policy Act(NEPA),as well as retaining walls
along SH-392 west of the interchange will be the financial responsibility of the City of Fort Collins.
With the Transportation Commission approval of the System Level Study and the approved IGA,
the interchange design can begin immediately and will allow the project to be ready for construction
in the Fall 2009, qualifying the project for potential stimulus package funding.
ATTACHMENTS
1. Powerpoint presentation.
SH 392/ I -25
Intergovernmental Agreement
City Council Hearing
Three Phase Process
February 3 , 2009
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Overview of Project Phases
Phase I Phase II Phase W
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Intergovernmental • - - -
0 Agreement between Fort Collins , Windsor and CDOT
0 The agreement outlines the disbursement of • million
State and Federal Funds to be used for interchange design
0 Fort Collins and Windsor will take the lead on the design
CDOT will reimburse • • • •
Accelerated0 Scope of Work contains provisions re : enhanced wetlands
mitigation and retaining walls on SH-392 west of the interchange
design schedule
F8r Collins
Currant Project Path
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Next Steps
• Preliminary and Final Design — February 2009 thru mid July 2009
• Fort Collins & Windsor Staff will work with CDOT & NFR MPO to
prepare project for potential Federal Stimulus Package Fund
eligibility
• Joint Work session February 18 , 2009
— Discus bridge design aesthetics
— Frontage Road alignment
— Wetland impact
Questions ?
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RESOLUTION 2009-010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE TOWN OF WINDSOR AND THE COLORADO
DEPARTMENT OF TRANSPORTATION CONCERNING THE DESIGN
OF THE INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE
WHEREAS,the Interstate 25/State Highway 392 Interchange("Interchange"),located at Exit
262,borders the western limits of the Town of Windsor("Town")and the southeastern limits of the
City of Fort Collins ("City"); and
WHEREAS, the Interchange is an integral part of the regional transportation network and
the safety and efficiency of the Interchange has been significantly impacted by state, regional and
local growth; and
WHEREAS,the Town and the City are parties to an intergovernmental agreement in which
the parties have pledged to cooperate to explore and implement solutions to existing traffic issues
related to the Interchange; and
WHEREAS, the Town and the City have worked with the Colorado Department of
Transportation("CDOT") in accordance with CDOT's 1601 Interchange Approval Process("1601
Process") and have also conducted a series of joint meetings for the purpose of reviewing and
directing the preparation of a Systems Level Study as part of the 1601 Process; and
WHEREAS, the City Council adopted Resolution 2009-003 accepting the Systems Level
Study and authorizing the City Manager to present it to the Colorado Transportation Commission
(the"Commission")and directed the City Manager to continue to work cooperatively with the Town
and CDOT to move forward with the plans for the final design and construction of the Interchange;
and
WHEREAS, the Commission approved the Systems Level Study on January 21, 2009
allowing the City, Town and CDOT to move into the final design phase; and
WHEREAS, concurrently with its consideration of this Resolution, City Council will
consider an ordinance appropriating$1,768,523 in funds that CDOT has made available to the City
and the Town to fund the final design of the Interchange improvements with no matching funds
required; and
WHEREAS, the City, Town and CDOT have negotiated a proposed intergovernmental
agreement identifying the scope of work for the design and designating how the design contract will
be managed(the"Design IGA"),a copy of which is attached hereto as Exhibit"A"and incorporated
herein by this reference; and
WHEREAS, the City Council believes that it is in the best interests of the City to enter into
the Design IGA; and
WHEREAS, the execution of the Design IGA will not obligate the City to fund the
construction of the Interchange Improvements but will allow for final design of the Interchange and
expedite the possible construction of the Interchange, assuming that the City,the Town and CDOT
can reach agreement as to how to fund the Improvements.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the Design IGA, as described herein,
together with such additional terms and conditions as the Mayor, in consultation with the City
Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the
purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of February A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT A
(FMLAWRK)
PROJECT IM 392A-012 (16639) 09 HA4 XXXXX�
Region 4/(BH) SAP ID:XXXXXXXXXi
SH 392 & 1-25 Interchange Reconstruction
IGA #2 —Final Design
CONTRACT
THIS CONTRACT made this_day of 20 , by and between the State of
Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred
to as the State and the CITY OF FORT COLLINS, 281 North College Avenue, Fort Collins,
Colorado 80521, CDOT Vendor#:2000023 , and the TOWN OF WINDSOR, 301 Walnut Street,
Windsor, Colorado, 80550 CDOT Vendor# 2000340 hereinafter referred to as the "Contractor" or
the "Local Agency."
RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project
and Local Agency costs in Fund Number 400, Function 3020 , GL Acct. 4231200011, WBS
Element 16639.10.30 (Contract Encumbrance Amount: $1,768,523.00).
2. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
3. Pursuant to the terms of CDOT'S Policy Directive #1601.0, hereinafter referred to as the
"Policy Directive," the Local Agency may apply for permission to, and may be permitted to
enter into, an Intergovernmental Agreement, hereinafter referred to as the `9GA(s)" or
"Contract(s)" with CDOT to delineate the phases of a new interchange on a major state
highway..
4. For the purposes of this CONTRACT, the Local Agency project shall be described as the I-
25/SH 392 Interchange, hereinafter the "Interchange", as shown in Exhibit A.
5. The Local Agency will be preparing final design, studies, and other documents in anticipation
of interchange improvements at I-25 and SH 392. The interchange project will be subject to the
procedures outlined in CDOT's Procedural Directive 1601.
6. Pursuant to the Policy Directive, the Parties have made the Interchange part of both the
Transportation Planning Region's approved constrained Regional Transportation Plan and the
approved Statewide Transportation Plan (STIP) # [SSP40287].
7. By its Resolution,Number [ TC 1687 ], the Transportation Commission of Colorado,
hereinafter referred to as the "Commission," accepted, as meeting the standards set forth in the
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Policy Directive and the Local Agency's Interchange System and Project Level Feasibility
Study.
8, The Local Agency has completed the Environmental studies and System Level Feasibility
Study and other documents in anticipation of construction of the Interchange. The Interchange
will be subject to the procedures outlined in CDOT's Procedural Directive 1601.
9. Pursuant to the Policy Directive, the Parties have made the Interchange part of both the
Transportation Planning Region's approved constrained Regional Transportation Plan and the
approved Statewide Transportation Plan (SSP40287).
10. By its Resolution, Number [TC 1687], the Transportation Commission of Colorado,
hereinafter referred to as the "Commission," accepted, as meeting the standards set forth in the
Policy Directive, the Local Agency's Interchange System and Project Level Feasibility Study
and the Local Agency's Interchange Management Plan regarding the Interchange.
11. Federal-aid funds have been made available for project IM 392A-012 (16639) which shall
consist of the final design of the interchange and frontage road improvements at 1-25/SH 392,
referred to as the "Project" or the "Work." Such Work will be performed in Windsor, Colorado,
specifically described in Exhibit A.
12. The matching ratio for this federal aid project is 100% federal-aid and state funds, it being
understood that such ratio applies only to such costs as are eligible for federal participation, it
being further understood that all non-participating costs shall be borne by the Local Agency at
100%.
13. The Local Agency desires to comply with the Federal Provisions and other applicable
requirements, including the State's general administration and supervision of the Project through
this contract, in order to obtain federal funds.
14. The Local Agency's authorized representatives have duly passed and adopted the
appropriate resolution (Exhibit B, attached, and, by this reference, incorporated herein).
15. This contract is executed under the authority of§§ 43-2-104.5, 29-1-203, 43-1-105, 43-2-
102 (or 103), 43-1-116, 43-2-103, and 43-2-144, C.R.S., as amended, CDOT'S Policy Directive
#1601.0, as revised, the resolution of the City of Fort Collins and Town of Windsor.
16. The parties hereto desire to agree upon the division of responsibilities with regard to the
project.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
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The Project or the Work under this contract shall consist of the final design of the
interchange and frontage road improvements at I-25/SH 392 in Windsor, Colorado, as more
specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such
conflicts or inconsistencies shall be resolved by reference to the documents in the following order
of priority:
1. Special Provisions contained in section 23 of this contract
2. This contract
3. Exhibit A (Scope of Work)
4. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on
the date made, whichever is later. The term of this contract shall continue through the
completion and final acceptance of the Project by the State, FH WA and the Local Agency.
Section 4. Project Funding Provisions
The Local Agency has estimated the total cost of the Work and is prepared to provide its
match share of the cost, as evidenced by an appropriate ordinance/resolution or other authority letter,
which expressly authorizes the Local Agency the authority to enter into this contract and to expend
its match share of the Work. A copy of such ordinance/resolution or authority letter is attached
hereto as Exhibit B.
The funding provisions for the Project are attached hereto as Exhibit C. The Local
Agency shall provide its share of the funds for the Project as outlined in Exhibit C.
Section 5. Project Payment Provisions
The maximum amount payable to the Local Agency under this contract shall be
$1,768,523.00.
A. The Local Agency will reimburse the State for incurred costs relative to the project following
the Local Agency's review and approval of such charges, subject to the terms and conditions of
this contract.
B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as
follows:
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1. Upon receipt of each bill from the State, the Local Agency will remit to the State
the amount billed no later than 60 days after receipt of each bill. Should the Local
Agency fail to pay moneys due the State within 60 days of demand or within such
other period as may .be agreed between the parties hereto, the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal
amount from future apportionment due the Local Agency from the Highway
Users Tax Fund and to pay such funds directly to the State. Interim funds, until
the State is reimbursed, shall be payable from the State Highway Supplementary
Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this
section (within 60 days after the date of each bill), the Local Agency shall pay
interest to the State at a rate of one percent per month on the amount of the
payment which was not made in a timely manner, until the billing is paid in full.
The interest shall accrue for the period from the required payment date to the date
on which payment is made.
C. The State will prepare and submit to the Local Agency, no more than monthly, charges for
costs incurred relative to the project. The State's invoices shall include a description of the
amounts of services performed, the dates of performance and the amounts and description of
reimbursable expenses. The invoices will be prepared in accordance with the State's standard
policies, procedures and standardized billing format.
Section 6. State and Local Agency Commitments
If the Work includes preliminary design or final design (the "Construction Plans"), or
design work sheets, or special provisions and estimates (collectively referred to as the "Plans"),
the responsible party shall comply with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the
Work.
b. prepare final design (Construction Plans) in accord with the requirements
of the latest edition of the American Association of State Highway
Transportation Officials (AASHTO) manual or other standard, such as the
Uniform Building Code, as approved by CDOT.
C. prepare special provisions and estimates in accord with the State's
Roadway and Bridge Design Manuals and Standard Specifications for
Road and Bridge Construction.
d. include details of any required detours in the Plans, in order to prevent any
interference of the construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.
h. make no further changes in the Plans following the award of the
construction contract except by agreement in writing between the parties.
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The Plans shall be considered final when approved and accepted by the
parties hereto, and when final they shall be deemed incorporated herein.
Section 7. Environmental Obligations
The Local Agency shall prepare its final design, studies and other documents in
accordance with the requirements of the current federal and state environmental regulations
including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Section 8. Record Keeping
The State shall maintain a complete file of all records, documents, communications, and
other written materials, which pertain to the costs incurred under this contract. The State shall
maintain such records for a period of six (6) years after the date of termination of this contract or
final payment hereunder, whichever is later, or for such further period as may be necessary to
resolve any matters which may be pending. The State shall make such materials available for
inspection at all reasonable times and shall permit duly authorized agents and employees of the
state and the Local Agency to inspect the project and to inspect, review and audit the project
records.
Section 9. Termination Provisions
This contract may be terminated as follows:
A. Termination for Convenience. The State may terminate this contract at any time the State
determines that the purposes of the distribution of moneys under the contract would no longer be
served by completion of the project. The State shall effect such termination by giving written
notice of termination to the Local Agency and specifying the effective date thereof, at least
twenty (20) days before the effective date of such termination.
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a
timely and proper manner, its obligations under this contract, or if the Local Agency shall violate
any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have
the right to terminate this contract for cause by giving written notice to the Local Agency of its
intent to terminate and at least ten (10) days opportunity to cure the default or show cause why
termination is otherwise not appropriate. In the event of termination, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports or other
material prepared by the Local Agency under this contract shall, at the option of the State,
become its property, and the Local Agency shall be entitled to receive just and equitable
compensation for any services and supplies delivered and accepted. The Local Agency shall be
obligated to return any payments advanced under the provisions of this contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the contract by the Local Agency,
and the State may withhold payment to the Local Agency for the purposes of mitigating its
damages until such time as the exact amount of damages due to the State from the Local Agency
is determined.
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If after such termination it is determined, for any reason, that the Local Agency was not in
default or that the Local Agency's action/inaction was excusable, such termination shall be
treated as a termination for convenience, and the rights and obligations of the parties shall be the
same as if the contract had been terminated for convenience, as described herein.
Section 10. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and
that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise
that authority, and to lawfully authorize its undersigned signatory to execute this contract and to
bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local
Agency warrants that such person(s) has full authorization to execute this contract.
Section 11. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director,
Region 4, 1420 2nd Street, Greeley, Colorado 80631. Said Region Director will also be
responsible for coordinating the State's activities under this contract and will also issue a "Notice
to Proceed" to the Local Agency for commencement of the Work. All communications relating
to the day-to-day activities for the work shall be exchanged between representatives of the
State's Transportation Region 4 and the Local Agency. All communication, notices, and
correspondence shall be addressed to the individuals identified below. Either party may from
time to time designate in writing new or substitute representatives.
If to State: If to Fort Collins: If to Windsor:
Pete Graham Rick Richter Kelly Arnold
CDOT Region 4 Program Manager Town Manager
1420 2nd Street City of Fort Collins Town of Windsor
Greeley, Colorado 80631 281 North College Avenue 301 Walnut Street
(970) 350-2126 Fort Collins, Colorado 80521 Windsor, CO 80550
(970) 221-6798 (970) 686-7476
Section 12. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
Section 13. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of
this contract and all rights of action relating to such enforcement, shall be strictly reserved to the
State and the Local Agency. Nothing contained in this contract shall give or allow any claim or
right of action whatsoever by any other third person. It is the express intention of the State and
the Local Agency that any such person or entity, other than the State or the Local Agency
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receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 14. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition
of this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental
Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties
understand and agree that liability for claims for injuries to persons or property arising out of
negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and
employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or
hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or
hereafter amended.
Section 15. Severability
To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
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Section 16. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision or requirement.
Section 17. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have
any force or effect whatsoever, unless embodied herein by writing. No subsequent novation,
renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 18. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all
terms and conditions of this contract and the exhibits and attachments hereto which may require
continued performance, compliance or effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by the State as provided herein in the
event of such failure to perform or comply by the Local Agency.
Section 19. Modification and Amendment
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This contract is subject to such modifications as may be required by changes in federal or
State law, or their implementing regulations. Any such required modification shall automatically
be incorporated into and be part of this contract on the effective date of such change as if fully
set forth herein. Except as provided above, no modification of this contract shall be effective
unless agreed to in writing by both parties in an amendment to this contract that is-properly
executed and approved_in accordance with applicable law.
Section 20. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement, will be decided by the Chief
Engineer of the Department of Transportation. The decision of the Chief Engineer will be final
and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written
decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed
to the Executive Director of the Department of Transportation. In connection with any appeal
proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and
to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the
Parties shall proceed diligently with the performance of the contract in accordance with the Chief
Engineer's decision. The decision of the Executive Director or his duly authorized
representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in
connection with decisions provided for herein. Nothing in this contract, however, shall be
construed as making final the decision of any administrative official, representative, or board on
a question of law.
Section 21. Disadvantaged Business Enterprise (DBE)
The Local Agency will comply with all requirements of Exhibit D and the Local Agency
Contract Administration Checklist regarding DBE requirements for the Work, except that if the
Local Agency desires to use its own DBE program to implement and administer the DBE
provisions of 49 CFR Part 26 under this contract, it must submit a copy of its program's
requirements to the State for review and approval before the execution of this contract. If the
Local Agency uses its program for this contract, the Local Agency shall be solely responsible to
defend that DBE program and its use of that program against all legal and other challenges or
complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and
factual bases for DBE goals and good faith efforts. State approval (if provided) of the Local
Agency's DBE program does not waive or modify the sole responsibility of the Local Agency
for its use as described above.
Section 22. Single Audit Act Amendment
All state and local government and non-profit organization Sub-Grantees receiving more than
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$500,000 from all funding sources, that are defined as federal financial assistance for Single Audit
Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits
of States, Local Governments and Non-Profit Organizations) see also, 49 CFR 18.20 through 18.26.
The Single Audit Act Amendment requirements that apply to Sub-Grantees receiving federal funds
are as follows:
a) If the Sub-Grantee expends less than $500,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
b) If the Sub-Grantee expends more than $500,000 in Federal funds, but only received federal
Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audit shall be performed. This audit will examine the "financial' procedures and processes for this
program area.
c) If the Sub-Grantee expends more than $500,000 in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the
entire organization/entity.
d) Single Audit can only be conducted by an independent CPA, not by an auditor on staff.
e) An audit is an allowable direct or indirect cost.
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Section 23. Special Provisions
The Special Provisions apply to all contracts except where noted in oalics.
1. CONTROLLER'S APPROVAL.CBS§24-30-202(1).This contract shall not be deemed valid until it has been approved by the Colorado State
Controller or designee.
2. FUND AVAILABILITY.CBS§24-30-202(5.5).Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages,
liability and court awards including costs,expenses,and attorney fees and related costs,incurred as a result of any act or omission by Contractor,or its
employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts/No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,
of any of the immunities,rights,benefits,protection,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 et seq.,or the
Federal Tort Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2.Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when
due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor
acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such
coverage and that the state does not pay for or otherwise provide such coverage.Contractor shall have no authorization,express or implied,to bind the state
to any agreement,liability or understanding,except as expressly set forth herein.Contractor shall provide and keep in force workers'compensation(and
provide proof of such insurance when requested by the state)and unemployment compensation insurance in the amounts required by law and shall be
solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION.Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and
unfair employment practices.
6. CHOICE OF LAW.The laws of the State of Colorado,and soles and regulations issued pursuant thereto,shall be applied in the interpretation,execution,
and enforcement of this contract.Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any
extra judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable
or available in any action at law,whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this
provision will not invalidate the remainder of this contract,to the extent that this contract is capable of execution. At all times during the performance of
this contract,Contractor shall strictly adhere to all applicable federal and Slate laws,rules,and regulations that have been or may hereafter be established.
7. VENDOR OFFSET.CBS§§24-30-202(1)and 24-30-202A.INot Applicable to Intergovernmental Agreements)The State Controller may withhold
payment of certain debts owed to State agencies under the State's vendor offset intercept system for:(a)unpaid child support debts or child support
artearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS§39-21-101,et,seq.;(e)unpaid loans due to the Student Loan
Division of the Department of Higher Education;(it)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts
certified by the State Controller as owing to the State as a result of final agency determination orjudicial action.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.No State or other public funds payable under this contract shall be
used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies that,for the term of this contract and any extensions,Contractor has in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the State may exercise any remedy available at law or
equity or under this contract,including,without limitation,immediate termination of this contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST.CRS§24-I8-201 and§24-50-507.The signatories aver that to their knowledge,no employee of the State has
any personal or beneficial interest whatsoever in the service or property described in this contract.
10. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,or sale ofsecurities,
investment advisory services or fund management services,sponsored projects,intergovernmental agreements, or information technology services or
products and services]Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who wil I perform work
under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work
under this contract,through participation in the E-Verify Program or the Department program established pursuant to CRS§8-17.5-102(5)(c),Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to
certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract.Contractor(a)
shall not use E-Verify Program or Department program procedures to undertake pre-employment screening ofjob applicants while this contract is being
performed,(b)shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is
employing or contracting with an illegal alien for work under this contract,(c)shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an
investigation,undertaken pursuant to CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program,Contractor shall deliver to the contracting Slate agency,institution of higher education or political subdivision a written,notarized
affirmation,affirming that Contractor has examined the legal work status of such employee,and comply with all of the other requirements of the
Department program.If Contractor fails to comply with any requirement of this provision or CRS§8-17.5-101 et seq.,the contracting State agency,
institution of higher education or political subdivision may terminate this contract for breach and,if so terminated,Contractor shall be liable for damages.
It. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18)yens of age or older,
hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(b)shall comply with the provisions of CRS§24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS§24-76.5-103 prior to
the effective date of this contract. Revised May 13,2008
10
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
City of Fort Collins BILL RITTER,JR.GOVERNOR
Legal Name of Contracting Entity
2000023 By
CDOT Vendor Number Executive Director
Department of Transportation
Signature of Authorized Officer LEGAL REVIEW:
JOHN W. SUTHERS
ATTORNEY GENERAL
Print Name&Title of Authorized Officer
CORPORATIONS: By
Print Name&Title of Authorized Officer
(A corporate attestation is required.)
Approved As To Form:
Assistant City Attorney
Attest(Seal)By
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available)
Town of Windsor
Legal Name of Contracting Entity
2000340
CDOT Vendor Number
Signature of Authorized Officer
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Approved As To Form:
Town Attorney
Attest(Seal) By
(Corporate Secretary or Equivalent,or TownlCitylCounty Clerk) (Place corporate seal here,if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not
be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
DAVID J. MCDERMOTT, CPA
By
Date
()
Exhibit A—Scope of Work
Scope of Services Overview
The project consists of continuing engineering studies and design to prepare final design and
construction documents. Previous phases of engineering studies included Policy 1601 approval,
Separate Action, Minor Interchange Modification Request, and Categorical Exclusion. The
general project limits include the interchange at I-25 and SH 392, all of the ramps, and frontage
road improvements.
The modifications to the existing diamond interchange are described as:
• Reconstruction of all the ramps—limits not to extend beyond the existing gores
• Construction of intersections at the ramp termini at SH 392
• Reconstruction of the SH 392 bridge over I-25
• Modifications to the west frontage road alignment and intersection with SH 392
The general scope of services, with detail below, includes:
• Task A- Project Initiation and Continuing Requirements
• Task B - N/A
• Task C - Preliminary Design
• Task D - Final Design and Construction Documents
The project duration for Tasks A through D is approximately 180 Calendar Days
Work Tasks Detail
INTRODUCTION
The AECOM Transportation Team will provide engineering services to the City of Fort
Collins and Town of Windsor, herein referred to as the "CLIENT".
The items contained within this Scope of Work define the required services for the SH 392/1-
25 interchange reconstruction. The preliminary and final design tasks are based upon the
enhanced concept design and frontage road concept design that was developed and approved
in the CDOT 1601 System Level Study by the Colorado Transportation Commission on
1/21/09.
A. CONTINUING REQUIREMENTS
As part of continuing requirements, AECOM Transportation will perform the following:
1. ' Initial Project Meeting. An initial project"Kickoff' meeting will be held immediately
upon Notice to Proceed. Representatives from the Consultant and all applicable
CLIENT departments will attend the meeting. AECOM Transportation will prepare
the meeting agenda and meeting minutes.
2. Review environmental mitigation requirements and ensure that they are included in
the plan for design. Catex environmental clearance was obtained on January 5, 2009.
Mitigation outlined by the Catex documentation will be implemented. Additional
Exhibit A - Page 1 of 16
Exhibit A—Scope of Work
wetland mitigation options will be developed for greater than 1:1 mitigation, up to 3:1
mitigation. The options will be documented in a detailed report and will be delivered
along with the preliminary design plans. The CLIENT will provide input on the
preferred mitigation option that will be used to develop the final plans for mitigation.
The Parties agree that minimum NEPA requirements for this project call for wetlands
mitigation on a 1:1 ratio, and provisions for such mitigation have been included in the
Systems Level Study submitted to the Transportation Commission on January 21,
2009. It is the intention of the Local Agency, at its own cost, to exceed the minimum
NEPA requirements by providing wetlands mitigation on a 3:1 ratio. The Parties
specifically agree that the cost of any Local Agency plan to study and/or construct
such enhanced wetlands mitigation shall be borne entirely by the Local Agency, with
no cost to the State. Furthermore, no Local Agency plan for enhanced mitigation shall
be constructed without the written consent of the State and conditions for such consent
shall mandate provisions for perpetual maintenance by the Local Agency, and
provisions for an adequate water supply to allow such mitigation to exist in perpetuity.
3. Develop a Project Schedule : AECOM Transportation will develop a schedule using
Microsoft project software that will be periodically updated during the project.
4. Review and revise design criteria as required. CDOT and AASHTO design criteria
will be used, along with City of Fort Collins criteria for frontage road design. All
design criteria will be documented and approved by the CLIENT prior to completion
of preliminary design plans.
5. Agency Coordination Meetings. AECOM Transportation will attend a total of 12
face to face coordination meetings with local agencies including City of Fort Collins,
Town of Windsor, Latimer County, or CDOT. Weekly conference calls will also be
used as required to fulfill coordination activities.
6. Obtain necessary Right-of-Entry and permits. The AECOM Transportation Project
Team shall obtain the necessary written permission to enter private property for
material testing and survey data collection, as required. Included in this written
permission will be the names and telephone numbers of persons to contact should
notification prior to entry be necessary. These written permissions apply to CLIENT
and CDOT personnel, as well as Consultant personnel. CDOT Form 730 may be used
for this purpose. Signed copies of the written permission will be submitted to the
CLIENT/PM prior to entering private property for survey work.
7. Progress Meetings. The CLIENT and AECOM Transportation Project Managers will
meet periodically as required to discuss project status. A total of 6 face to face
progress meetings are included in the Scope of Work. Weekly conference calls will
also be used to provide project management updates. These Progress Meetings will
be used to coordinate and track the work effort and resolve problems. The meetings
will review the following:
• Activities required to be completed since the last meeting.
• Problems encountered and effectiveness of previous meeting.
• Late activities.
• Activities required to be completed by the next meeting
• Solutions proposed for unresolved and anticipated issues.
• Information or items required from other agencies.
Exhibit A - Page 2 of 16
Exhibit A—Scope of Work
8. Project Management. The Consultant will coordinate all the work tasks being
accomplished by all parties to ensure project work completion stages are on schedule.
This effort includes project invoicing and review of subconsultant invoices for
incorporation into the monthly invoices.
B. PROJECT DEVELOPMENT
• N/A
C. PRELIMINARY DESIGN
The scope of work includes design of the interchange as defined in the SH 392/I-25 Interchange
System Level Study, January 2009. The structures in preliminary design include:
• SH 392 over I-25
• New retaining walls along SH 392 and 1-25 ramps
In-Roads Software and Micro Station CAD Software will be used in the development of the
preliminary design plans. As part of this preliminary design, AECOM will perform the
following activities:
1. Supplemental Field Survey: Field survey. This work shall be done in accordance
with the CDOT Survey Manual and applicable state statutes. See detailed scope by
HCL Inc. for additional information.
2. Traffic Engineering. AECOM will perform various traffic engineering tasks
associated with the design and construction of the project including signal design,
signing and striping plans, and traffic control plans.
3. Materials Engineering. Materials engineering for pavement design will be completed.
See detailed scope of work by Geocal, Inc. for additional information.
4. Existing Bridge Condition Investigation. AECOM will field verify the condition of
the existing structures from the PONTIS reports and include the results in the
preliminary design reports.
5. Foundation Investigation Report. A soils investigation and geotechnical report will be
prepared for the following bridge location: SH 392/I-25. See detailed scope of work
prepared by Geocal, Inc.
6. Hydrology/Hydraulic Engineering. A hydrology and hydraulics report will be
prepared for the Project. This report can be used to facilitate the completion of the
various hydrology/hydraulic engineering tasks.
a. Hydrology
(1) Establish drainage basin data: delineate, determine size, waterway
geometry, vegetal cover, land use.
Exhibit A - Page 3 of 16
Exhibit A—Scope of Work
(2) Collect historical data; research flood history and previous designs in the
proximity; and obtain data from other sources (e.g., Colorado Water
Conservation, CDOT Maintenance, and local residents).
(3) Select a storm frequency based on the CDOT Drainage Design Manual. If
it is not possible to use the CDOT Manual storm frequency criteria for a
bridge or culvert design,the CDOT/PM should be notified. A risk analysis
may be required but will not be accomplished without prior written
approval from CDOT.
(4) Do a hydrological analysis using existing studies or approved methods(see
CDOT Drainage Design Manual) for the storm drainage and outfall
structures.
b. Hydraulics
(1) Accomplish the preliminary design for the storm drainage system
including:
(a) Determine location,type, size and shape of required drainage
structures.
(b) Assess the degree of sediment and debris problems to be encountered.
(c) Prepare preliminary structure profiles to determine the elevations,
flowlines, slopes and lengths of the structures. Indicate the flow
quantity on the sections.
(d) Complete the design computations and documentations in accordance
with the CDOT Drainage Design Manual.
(2) A water surface profile and complete hydraulic analysis is required for
major structures. Determine the following:
(a) Required hydraulic size and skew
(b) Design year frequency
(c) Design year headwater elevations
(d) The channel erosion protection as needed.
C. Water Quality
1. Determine appropriate Permanent Water Quality Best Management
Practices(BMPs).
• Perform sizing calculations.
• Evaluate BMP footprint for project compatibility.
2. Determine appropriate Construction Phase BMPs. Prepare preliminary
Storm Water Management Plan (SWMP).
d. Preliminary Hydraulics Report. AECOM will prepare a preliminary hydraulics
memorandum. This memorandum will include a hydrology analysis and the
structure hydraulic design. The hydraulic memorandum will discuss drainage
basins maps, basin descriptions, precipitation, flood history, design flood
frequency, prediction of design discharge, existing structures, capacity and
adequacy problems, design circumstances, possible channel improvements,
Exhibit A - Page 4 of 16
Exhibit A—Scope of Work
allowable headwater, potential property damage, structure alternatives, and
recommended design.
7. Utility Coordination. Utility coordination and locations of existing utilities will be
obtained as part of the survey investigations. Only minor utility coordination and
updates to the locations are included in the Scope of Work.
a. Utility coordination will require the following tasks:
(1) Identify all utilities within the interchange. Determine the existing and
future utilities needs based upon the proposed interchange configurations.
(2) Collect design data for use in the design phases and incorporation into the
plan development.
(3) Communications with utility owners and coordinating their utility
comments into the designs.
(4) Conduct utility survey and pot-holing for a maximum of 10 locations and
coordinate into the project design.
8. Roadway Design and Roadside Development
a. Roadway Design.
(1) Horizontal and vertical alignment will be based on the SH392II-25
Interchange System Level Study, January 2009.
(2) Profiles will be adjusted based on updated survey information.
(3) No profile adjustment to I-25 is assumed.
(4) Compute preliminary earthwork quantities.
9. Right-of-Way. Right of way plans will be prepared. See detailed Scope of Work
prepared by HCL Inc. and HC Peck Inc..
10. Major Structure Design. AECOM will prepare a Site-Specific Structure Type Study
Report for the SH 392 bridge. The span configuration from the SH392II-25
Interchange System Level Study, January 2009 will be used as the basis of design.
This is assumed to be a 2 span configuration. Further coordination with CDOT Staff
bridge and CDOT R4 will be accomplished to completely define the structure type
and configuration.
A Structure Study Report will be prepared for the wall structures required. The results
of all study reports will be discussed at a Structure Review Meeting with CDOT.
Comments from the meeting will be addressed and/or incorporated into the final
design phase.
a., Design Coordination. AECOM will collect the following project information
from CDOT as required to complete the preliminary design.
(1) Obtain the structure site data. The following data, as applicable, shall be
collected (see Procedural Directive 1905.1): Typical roadway section,
roadway plan and profile sheets showing all alignment data, topography,
utilities, preliminary design plan, Right-of-Way restrictions, preliminary
hydraulics and geology information, environmental constraints, lighting
Exhibit A - Page 5 of 16
Exhibit A—Scope of Work
requirements, guardrail types, recommendations for structure type, and
architectural recommendations.
(2) Obtain data on existing structures. Collect existing information such as
existing plans, inspection reports, structure ratings, foundation information,
and shop drawings. A field investigation of existing structures will be
made with notification of the Resident Engineer.
(3) Design Criteria. AECOM will prepare design criteria to be used for the
preliminary and final design. The preliminary criteria will be based upon
the information contained in the SPSR and CDOT Bridge Design Manual.
Horizontal and vertical constraints will also be established based upon
discussions with CDOT Region 4. The final design criteria for each major
structure will incorporate the information from the preliminary design and
include specific superstructure and substructure component requirements.
Ultimate and allowable design parameters will also be given.
b. Structure Type Studies. The report will follow the guidelines established in the
CDOT Bridge Design Manual. By means of the structure general layout, with
supporting drawings, tables, and discussion, provide for the following:
(1) Summarize the structure site data used to select and layout the structures.
Include the following:
(a.) Existing structure data.
(b.) Project site plan
(c.) Roadway vertical and horizontal alignments and cross sections at the
structure.
(d.) Construction phasing
(e.) Utilities on, below, and adjacent to the structure.
(f) Hydraulics: Not Used
(g.) Preliminary geology information for the structure foundation
(h.) Aesthetic requirements
(i.) Perform an independent review of the structure type studies.
(2) Review the structure site data to determine the requirements that will
control the structure size, layout, and type.
(3) Determine the structure length, width,and span configuration that satisfy
all horizontal and vertical clearance criteria.
(4) Verify and/or develop unit prices for the major structural work items.
(5) Perform preliminary design in accordance with the CDOT Bridge Design
Manual for the following superstructure types: precast concrete BT girders,
precast concrete U girders, and steel plate girders..
(6) Determine the foundation alternatives. Consider piles, drilled caissons,
spread footings and mechanically stabilized earth foundations based on
geology information from existing structures and early estimates from the
project geologist. To obtain supporting information, initiate the foundation
Exhibit A - Page 6 of 16
Exhibit A—Scope of Work
investigation as early as possible during the preliminary design phase.
Evaluation of any WEAP Analysis may also be required during this stage.
(7) Develop the staged construction-phasing plan, as necessary for traffic
control and detours; in conjunction with the parties performing the
roadway design and traffic control plan. The impact of staged construction
on the structure alternatives shall be considered and reported on.
(8) Compute preliminary quantities and preliminary cost estimates as
necessary to evaluate and compare the structure layout, and foundation
type alternatives.
(9) Evaluate the structure alternatives based upon relative costs and verbal
discussion to support recommending anything other than the least
expensive alternative. Criteria for selection will be based upon the project
goals and determined with stakeholder concurrence.
(10) The structure foundation evaluation for the bridges will be based upon least
cost criteria.
(l 1) Summarize the results from the structure type studies in two separate
reports and present it to CDOT. The reports should include the preliminary
design criteria, recommended bridge lengths, and structure
recommendations for each location.
C. Wall structures for the SH 392 Interchange that are required by the proposed
roadway improvements will be investigated. It is assumed that a maximum of 2
(in total) unique wall types will be studied for the 5 retaining walls identified in
the Concept Design.
(1) Perform an assessment on the existing conditions to determine which
methods of wall construction are feasible (i.e. top-down or conventional
construction). It is anticipated that Mechanically Stabilized Earth (MSE),
and cast-in-place(CIP)wall types will be investigated. The preliminary
wall types investigated will be based upon the conceptual wall layouts
determined by the SH392II-25Interchange System Level Study, January
2009.
(2) Review the project site data and available geotechnical reports to determine
the site-specific requirements that will control the structure selection.
(3) Incorporate the preliminary hydraulic results, if any, to validate structure
size and alignment.
(4) Compute preliminary quantities and preliminary cost estimates as
necessary to evaluate and compare the structure rehabilitation alternatives.
(5) Summarize the results from the evaluation in a wall structure type
memorandum and present it to CDOT.
Exhibit A - Page 7 of 16
Exhibit A—Scope of Work
d. Independent Analysis Review. AECOM will perform an independent analysis
review of each structure type selection report and structure type memorandum.
11. Construction Phasing Plan. A construction phasing plan shall be developed to
integrate the construction of all the project work elements into a practical and feasible
sequence. This plan shall accommodate the existing traffic movements during
construction(detours). A preliminary traffic control plan will also be developed
which will be compatible with the phasing plan.
12. Preparation for the FIR
a. Coordinate, complete, and compile the plan inputs from other activities:
materials, hydraulics, traffic, right-of-way, and major structures.
b. General layouts for major structures (which have been accepted by CDOT)will
be included in the FIR plans.
C. Prepare the preliminary cost estimate for the work described in the FIR plans
based on estimated quantities.
d. The FIR plans shall comply with the requirements of the CDOT Procedural
Directive 514.1 and 1905.1 and will include: title sheet,typical sections, general
notes, plan/profile sheets, and preliminary layouts of interchanges/intersections.
The plan/profile sheets will include the following: all existing topography, survey
alignments, projected alignments, profile grades, ground line, existing ROW,
rough structure notes(preliminary drainage design notes), and existing utility
locations.
Typical plan sheet scales will be as follows: I Inch = 100 Feet
e. The ROW Ownership Map shall be included in the FIR plan set.
f. The plans shall be submitted to the CDOT/PM for a preliminary review prior to
the FIR.
g. The construction phasing plans with proposed detours will be included in the FIR
plan set.
h. Plan Preparation for Structure Review Meeting. Prepare preliminary general
layout for the recommended structures. Prepare structure layouts in accordance
with the CDOT Bridge Detailing Manual. Detail drawings and a detailed
preliminary cost estimate shall accompany the general layout. The detail
drawings shall include the architectural treatment at SH 392, if required. Perform
an independent design and detail check of the general layout.
i. 1048 form to be completed by CDOT.
13. Field Inspection Review:
a. Attend the FIR.
Exhibit A - Page 8 of 16
Exhibit A—Scope of Work
b. The FIR meeting minutes shall be prepared by AECOM, approved by the
CLIENT/CDOT/PM,and distributed as directed.
C. The final design will commence immediately on receiving FIR comments.
d. Design decisions concerning questions raised by the FIR will be resolved in
cooperation with the CDOT/PM. The C/PM shall document the decision and
transmit the documentation to the CDOT/PM for approval.
a. A list of all deviations from standard design criteria along with the written
justification for each one shall be submitted to the CDOT/PM.
b. Structure Review Meeting. Report on the results of the structure type study to
CDOT. Obtain acceptance by CDOT on the recommended structure and its
layout. The work schedule shall be planned accordingly. The structure selection
report, with the associated general layout, must be accepted in writing by CDOT
prior to the commencement of further design activities. AECOM will prepare
minutes from the structure review meeting for CDOT Staff Bridge review.
CDOT Staff Bridge will supply meeting minutes format.
D. FINAL DESIGN
In-Roads Software and Micro Station CAD Software will be used in the development of the
final design plans. Selected roadway plans will be prepared in Micro Station CAD format.
As part of this final design,AECOM Transportation will perform the following activities:
I. Project Review. AECOM Transportation will update the project schedule based upon
the results of the FIR and coordinate activities required for final design, initiate design
decisions and discuss variances as they affect FOR activities.
2. Design Coordination. The design for each aspect of the project shall be reviewed
during periodic meetings and approved by the CLIENT/PM prior to inclusion in the
final plans. Specifically the designs for each of the following must be coordinated:
• Roadway Geometry
• Hydraulics
• Roadside and Bridge Lighting
• Landscaping
• Permanent Signing& Striping
• Construction Phasing
• Guardrail and delineators
3. Utility Coordination. AECOM Transportation will coordinate with CLIENT R4
Utilities to identify required utility relocations. Following the finalization of the
roadway horizontal alignment and profile grade and the horizontal location of
drainage structures, sewers, and other underground structures, AECOM
Transportation will coordinate with CLIENT's Utility Engineer to finalize utility
clearances. All utility agreements will be prepared by CLIENT.
Exhibit A - Page 9 of 16
Exhibit A— Scope of Work
4. Hydraulic Design. AECOM Transportation will complete the final hydraulic design
activities required for the storm drainage and outfall structures. The work shall
include:
a. Data Review. Review data and information developed under the Preliminary
Hydraulic Investigation and update in accordance with decisions made at the
FIR.
b. Geometry Revisions. Geometric revisions to hydraulic structures are anticipated
as a result of post-FIR revisions to roadway and bridge geometry. Hydrologic
basins must be updated. Hydraulic structure locations, flow rates, and design
must be updated.
C. Storm Water Management Plan(SWMP). Update the SWMP in accordance with
decisions made at the FIR, in response to post-FIR roadway/bridge geometry
revisions, and based upon additional investigation since the FIR incorporated
new CLIENT Standard SWMP plans. AECOM Transportation will coordinate
with CLIENT to finalize the erosion control plans and specifications. Wetlands
mitigation plans, design details and project special provisions for wetlands
mitigation will be performed by EDAWJAECOM.
d. Finalize Hydraulics Report. Complete the hydraulic design for the storm
drainage and outfall structures within the project limits. Update hydrology/hydraulics
in accordance with bridge/roadway geometric revisions.
5. Interim Plans. No interim plans are included in the scope of work.
6. Right of Way. See detailed Scope of Work prepared by HCL, inc. and HC Peck Inc.
7. Materials Engineering. AECOM Transportation will incorporate pavement
recommendations into the design plans as required.
8. Traffic Engineering. AECOM Transportation will perform the following traffic
engineering activities:
a. Permanent Signing/Pavement Marking Plans: SH 392, frontage road, and ramp
signing and pavement markings.
b. Traffic Control Plan: Complete TCP plans and quantities will be prepared and
incorporated into the final design.
c. Signalized Intersections. Signalized intersections shall be designed per CDOT
standards at 4 locations.
9. Roadside Planning:
a. Lighting Plans. The AECOM team will design and develop lighting plans for the
project. .
(1) Prepare the plan.
Exhibit A - Page 10 of 16
Exhibit A—Scope of Work
(2) Present it to the CLIENT/CDOT/PM for acceptance.
(3) High mast lighting design is not included in the scope.
(4) After approval of the locations of the lights, the lighting design will be
completed with the following information shown on the plans sheets:
(a.) Circuit type and voltage of power source
(b.) Location of power source (coordinated with the utility engineer)
(c.) Luminaire type and lumens
(d.) Light standard type and mounting height
(e.) Bracket arm type and length
( .) Foundation Details
(g.) Size and location of electrical conduit
(h.) Locations of power source(s)/lighting control center(s)(if
appropriate)
(i.) Location of direct burial cable
0.) Size of wiring and/or direct burial cable
10. Final Roadway Design. Complete the final design based upon the input from all
applicable agencies and design disciplines.
11. Final Major Structural Design. During the conduct of this activity AECOM
Transportation shall participate in structural review meetings as previously specified
with the CLIENT/CDOT Structural Reviewer. AECOM Transportation shall
document the FIR and FOR comments from Staff Bridge using a supplied formatted
document. The design and independent analysis shall be in accordance with the
AASHTO's LRFD Bridge Design Specifications, CDOT Bridge Design Manual,
Chapter 19.1 and the remainder of the CDOT Bridge Design Manual. AECOM ,
Transportation will perform final design for the following major structures: SH 392/1-
25.
It is assumed that the Bridge will be designed as a two-span precast girder structure
made continuous for live load. Any other superstructure type, including post-
tensioned concrete or structural steel girders, will be considered out of scope.
a. Structure Final Design for Major Structures
(1) Review CDOT FIR accepted general layouts and comments. Develop
revised general layouts for review by CDOT .
(2) Review CDOT accepted foundation recommendations.
(3) Review CDOT accepted hydraulic report.
(4) Revise the general layouts and proceed with the final design as necessary
to incorporate all review comments.
(5) Perform the structural analysis. Provide the superstructure and
substructure design. Document with the design notes, detail notes, and
computer output.
(6) Perform preliminary design check from design and detail notes before
proceeding with the final design.
b. Preparation of Structural Plans and Specifications
Exhibit A - Page 11 of 16
Exhibit A—Scope of Work
(1) Obtain the latest CDOT worksheets for the plan set.
(2) Prepare all detail drawings in accordance with the CDOT Bridge Detailing
Manual, CDOT Bridge Design Manual, and CDOT Drafting Manual.
(3) Complete the computer runs/calculations.
(4) Prepare the plan sheets.
(5) Prepare special provisions applicable to the project. A maximum of I
structure-related project special provision is assumed for the bridge.
(6) Compute quantities and complete the quantity summary.
c. Independent Design, Detail, and Quantity Check
(1) Perform independent detail check and design check based upon plans
generated by original designer.
(2) Revise all plan sheets and design notes to reflect any deficiencies found in
the design and detail check.
(3) Check quantities.
d. Structure Final Review Plans and Specifications
(1) Make final plan and special provision corrections.
(2) Complete cross-referencing of plans.
(3) Assemble the complete plans and special provisions and submit for the
FOR plans.
e. Bridge Rating and Field Packages
(1) Prepare the rating packages in accordance with the CDOT Bridge Rating
Manual using VIRTUS software. Prepare the Structure Field Packages in
accordance with the CDOT Bridge Detailing Manual.
(2) Bridge rating calculations will be performed for the bridge.
13.Final Wall Structure Design. During the conduct of this activity AECOM Transportation
shall participate in structural review meetings as specified in D.I I with the CDOT
Structural Reviewer. The design and independent analysis shall be in accordance with
the AASHTO's LRFD Bridge Design Specifications, CDOT Bridge Design Manual,
Chapter 19.1 and the remainder of the CDOT Bridge Design Manual.
a. Structure Final Design for Wall Structures
(1) Review CDOT accepted general layouts and comments.
(2) Review CDOT accepted foundation recommendations.
(3) Review CDOT accepted hydraulic report.
(4) Revise the general layouts and proceed with the final design as necessary
to incorporate all review comments.
(5) Design for the wall structures will be documented with the design notes,
detail notes, and computer output.
(6) Designer shall review the plans with the design and detail notes.
(7) Develop wall aesthetic treatments.
Exhibit A - Page 12 of 16
Exhibit A—Scope of Work
b. Preparation of Structural Plans and Specifications
(1) Obtain the latest CDOT worksheets for the plan set.
(2) Prepare all detail drawings in accordance with the CDOT Bridge Detailing
Manual, CDOT Bridge Design Manual, and CDOT Drafting Manual.
(3) Complete the calculations.
(4) Prepare the plan sheets.
(5) Prepare special provisions applicable to the project. A maximum of I
structure-related project special provisions is assumed for walls.
(6) Compute quantities and complete the quantity summary.
c. Independent Design, Detail, and Quantity Check
(1) Perform independent detail check and design check based upon plans
generated by original designer.
(2) Revise all plan sheets and design notes to reflect any deficiencies found in
the design and detail check.
(3) Check quantities.
d. Structure Final Review Plans and Specifications
(1) Make final plan and special provision corrections.
(2) Complete cross-referencing of plans.
(3) Assemble the complete plans and special provisions and submit for the
FOR plans.
e. Field Packages. Prepare the Structure Field Packages in accordance with the
CDOT Bridge Detailing Manual.
14. Final Miscellaneous Structural Design. Final design services will be provided for any
miscellaneous structure modifications to accommodate any drainage requirements for
this project.
14. Construction Phasing Plan. A final construction phasing plan will be developed which
integrates the construction of the structure work elements into a practical and feasible
sequence. This plan shall accommodate the existing traffic movements during
construction, and a final traffic control plan developed which shall be compatible with
the phasing plan.
15. Plan Preparation for the Final Office Review
a. Coordinate the Packaging of the Plans. Collect plans from all design elements
and collate the plan package. Include the construction phasing plan. Calculate
plan quantities and prepare the tabulations and Summary of Quantities.
b. New or revised utility locations shall be added to the plan topography. Conflicts
shall be resolved and appropriate pay items/specifications added,to adjust
utilities.
C. The Final Office Review(FOR) plans shall include the following sheets(as
appropriate): ,
Exhibit A - Page 13 of 16
Exhibit A— Scope of Work
• Title Sheet
• Standard Plans List
• Typical Sections
• General Notes
• Summary of Approximate Quantities
• Appropriate Individual Quantity Tabulations
• Special Details
• Structure Details
• Roadway Plan and Profiles
• Interchange and Intersection Layouts
• Interchange Contour Grading and Drainage Plans
• Utility locations
• Storm Water Management Plan
• Lighting Plans
• Signing and Striping
• Construction Phasing
• Detour
• Structure Cross Sections
• Roadway Cross Sections with Quantities
The work associated with the FOR plans also includes a quality control and
assurance review by the Project and Task Managers to assure that all final plan
revisions have been incorporated into the FOR set.
d. In addition to the plan sheets, the Special Provisions shall be provided. This will
consist of those unique Project Special Provisions which have to be written
specifically for items, details and procedures not adequately covered by CDOT's
Standard Specifications and Standard Special Provisions. Also a list of the
Standard Special Provisions which are applicable to the project shall be prepared.
The Project Special Provisions shall be provided in the CDOT format and
submitted with the project plans.
e. Prepare the FOR estimate. Item numbers, descriptions, units and quantities shall
be listed and submitted to the CLIENT/CDOT/PM.
f. Submit the FOR plans and specifications to the CLIENT/CDOT/PM for a
preliminary review prior to the FOR.
16. Final Office Review. AECOM Transportation will attend the FOR and prepare the
FOR meeting minutes, approved by the CLIENT/CDOT/PM, and distributed as
directed.
17. Construction Plan Package
a. Post-FOR meeting minutes will be prepared by AECOM Transportation for the
structure sheets and submitted to CLIENT for review and approval.
b. The final review of the plans by the CLIENT may require final revision of the
plans which shall be done by AECOM Transportation.
C. The bid plan construction contract package shall consist of the revised FOR plans
Exhibit A - Page 14 of 16
Exhibit A—Scope of Work
and will completely describe the work required to build the project including
project dated special provisions and detailed quantities.
18. Submittals. The Consultant shall submit a hard copy of the following:
a. Roadway Profile, Staking, and Earthwork Quantities
b. Major structures: An independent set of the following shall be submitted to the
CDOT Structural Reviewer for each major structure.
(1) A letter to CLIENT certifying that the Structural Plans and Specifications
have been prepared in accordance with the present design standards for the
Colorado Department of Transportation and all federal FHWA regulations.
(2) The complete and final set of original design notes for each bridge and
each retaining wall structure at each site(including output from computer
programs). These notes shall include revisions reconciling any differences
between the original design, the independent design check and any design
changes resulting from subsequent reviews. See item (6) for format.
(3) The complete and final set of design check notes for each bridge and each
retaining wall. One set of check notes will be prepared for twin structures.
See item (6) for format.
(4) Two sets of field packages: The final quantity calculations as described in
the CDOT Bridge Detailing Manual, a copy of the geology report, and as-
constructed plans for existing structures on the project, where applicable.
(5) The bridge rating package: Each stand along bridge rating package shall
contain a rating summary sheet for girders and deck, rating information and
hand calculation sheets, rating computer output, and electronic copy of
rating input file. Refer to the Bridge Rating Manual for a description of
these items.
(6) An electronic submittal of the bridge design notes and independent check
will provided, via CDROM. The files will be in acrobat.pdf format. The
team shall use a 400 DPI setting, in accordance with CDOT Staff Bridge
recommendations.
C. Shelf Plans. A complete set of design drawings and project specifications will be
submitted to CLIENT/CDOT at the completion of the FOR design.
19. Record Plan Sets. Two (2) record plan sets for final design of roadways and
structures will be produced which shall bear the seal and signature of the responsible
Consultant Engineer on each sheet. One(1) set shall be retained by the Consultant for three
(3)years. The other set shall be submitted to CLIENT per CRS 12-25-117, as amended.
The original plan drawings shall not bear a seal.
20. Corridor Management Support. These services are not included in the scope of work.
Exhibit A - Page 15 of 16
Exhibit A—Scope of Work
E. SERVICES AFTER DESIGN
This portion of work will address the construction support services required for the
construction of the Project. AECOM Transportation will provide engineering support
services, as described below, to CLIENT to assist with the construction of the project. A
separate construction manager is assumed to handle day-to-day construction activities.
Therefore, RFFs and working drawings will not be reviewed.
I. Review of Shop Drawings. AECOM Transportation will review contractor shop and
auxiliary drawings as directed by the CLIENT/PM. The following shop drawings are
anticipated for the construction of the bridge: BT Girders; MSE Wall Design &
Details. Each shop drawing submittal shall include the following items:
a. Maintain log of all submittals which identify the submittal description, date
received and date transmitted back to the sender.
b. The review of the shop drawings shall be done by a PE registered in the State of
Colorado.
C. The review of the construction contractor's shop drawings for conformance with
the contract documents and compliance with the provisions of the current
"Standard Specifications for Road and Bridge Construction" in connection with
the contract work.
2. Construction Services. When requested by the appropriate CLIENT/PM, AECOM
Transportation shall provide the services described below:
a. Coordinate the schedule at the start of construction and continuously throughout
construction phase.
b. Provide field observation prior to, and on the day of, the following: pile driving,
major concrete pours and girder placement
C. Provide technical assistance to CLIENT project personnel on an as-needed basis.
This service shall include, but not be limited to, the following: responding to
questions in the field that arise relative to the plans, details or special provisions;
and providing engineering and drafting services for design revisions required due
to changes in construction or field conditions.
3. Post Design Plan Modifications. When requested by the appropriate CLIENT/PM,
AECOM Transportation shall provide design services for plan modifications required
by unforeseen field conditions.
Post Construction Support Services associated with the final earthwork determination,as-
built plans, revisions to the ROW plans, monuments, and updating the Record Plan Set are
not included.
Exhibit A - Page 16 of 16
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
Exhibit C
A. The Local Agency has estimated the total cost the Work to be $1,937,878.00 which is to
be funded as follows:
1 BUDGETEDFUNDS
a. Federal Funds $1,437,878.00
State Funds $500,000.00
(100% of Participating Costs)
b. Local Agency Matching Funds $0.00
(0% of Participating Costs)
Local Agency Matching for CDOT-
c. Incurred Non-Participating Costs $0.00
(Including Non-Participating Indirects
TOTAL BUDGETED FUNDS $1.937,878.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share
State Funds
(100% of Participating Costs) $ 169,355
b. Local Share
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (Including Non-
Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $169,355
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal & State Funds Budgeted (1a) $1,937,878.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $169,355
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,768,523,.00
FOR CDOT ENCUMBRANCE PURPOSES
Less ROW Acquisition 3111 and/or
ROW Relocation 3109 $0.00
Net to be encumbered as follows: $0.00
WBS Element 16639.10.30 Design 3020 $ 1,768,523
Exhibit C
B. The matching ratio for the federal participating funds for this project is 100.00%
federal-aid & state funds (CFDA #20 2050) to 0.00% Local Agency funds, it being
understood that such ratio applies only to the $1,937,878.00 that is eligible for federal
participation, it being further understood that all non-participating costs are borne by the
Local Agency at 100%. If the total participating cost of performance of the Work
exceeds $1,937,878.00, and additional federal funds are made available for the project,
the Local Agency shall pay 0.00% of all such costs eligible for federal participation and
100% of all non-participating costs; if additional federal funds are not made available, the
local agency shall pay all such excess costs. If the total participating cost of performance
of the Work is less than $1,937,878.00, then the amounts of Local Agency and
federal-aid funds will be decreased in accordance with the funding ratio described herein.
The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be
$1,768,523 (For CDOT accounting purposes, the federal and state funds of$1,768,523 and
local matching funds of$0.00 will be encumbered for a total encumbrance of$1,768,523),
unless such amount is increased by an appropriate written modification to this contract
executed before any increased cost is incurred. It is understood and agreed by the parties
hereto that the total cost of the Work stated hereinbefore is the best estimate available,
based on the design data as approved at the time of execution of this contract, and that
such cost is subject to revisions (in accord with the procedure in the previous sentence)
agreeable to the parties prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency
sources, as applicable. Should these sources, either federal or Local Agency, fail to
provide necessary funds as agreed upon herein, the contract may be terminated by either
party, provided that any party terminating its interest and obligations herein shall not be
relieved of any obligations which existed prior to the effective date of such termination or
which may occur as a result of such termination.
Exhibit D
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged
business enterprises shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Federal funds under this agreement, pursuant to 49
CFR Part 23. Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of
Transportation DBE Program (or a Local Agency DBE Program approved in advance by the
State) apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its contractor agrees to ensure that disadvantaged business enterprises as
determined by the Office of Certification at the Colorado Department of Regulatory Agencies
have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard, all
participants or contractors shall take all necessary and reasonable steps in accordance with the
CDOT DBE program (or a Local Agency DBE Program approved in advance by the State) to
ensure that disadvantaged business enterprises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of CDOT assisted contracts.
SECTION 3 DBE Program.
The contractor (sub-recipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (if applicable).
A copy of the DBE Program is available from and will be mailed to the contractor upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone: (303) 757-9234
revised 1/22/98 Required by 49 CFR Part 23.41
ORDINANCE NO. 018, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE
IN THE CAPITAL PROJECTS FUND FOR THE INTERSTATE 25 AND
STATE HIGHWAY 392 INTERCHANGE AND IMPROVEMENTS PROJECT
WHEREAS, the Interstate 25 and State Highway 392 Interchange ("Interchange"), located
at Exit 262,borders the western limits of the Town of Windsor("Town")and the southeastern limits
of the City of Fort Collins ("City"); and
WHEREAS, the Interchange is an integral part of the regional transportation network; and
WHEREAS,in recent years,the capacity of the Interchange has been significantly impacted
by state and regional growth, as well as local growth in Windsor and southeast Fort Collins, so that
the Interchange is unable to handle current traffic capacity during peak hours; and
WHEREAS, the Interchange is characterized by numerous design and operational
deficiencies and substandard safety features; and
WHEREAS, in January 2006, the City and Town entered into an Intergovernmental
Agreement to develop a plan for the improvement of the Interchange, including implementation
strategies; and
WHEREAS,the Town and the City have conducted a series of joint meetings for the purpose
of reviewing and directing the preparation of a Systems Level Study as part of the Colorado
Department of Transportation("CDOT") 1601 Interchange Approval Process(the."1601 Process");
and
WHEREAS, the Systems Level Study for the Interchange included a conceptual design,
environmental clearance, and a financing package for the project; and
WHEREAS, the City Council adopted Resolution 2009-003 accepting the Systems Level
Study and authorizing the City Manager to present it to the Colorado Transportation Commission
(the"Commission")and directed the City Manager to continue to work cooperatively with the Town
and CDOT to move forward with the plans for the final design and construction of the Interchange;
and
WHEREAS,on January 21, 2009 the System Level Study for the Interchange was approved
by the Commission; and
WHEREAS, the City Council has adopted Resolution 2009-010, approving an
intergovernmental agreement among the Town,City and CDOT(the"Design IGA")that establishes
the process for administering $1,937,878 that CDOT has made available to the Town and the City
for the purpose of funding the design of the Interchange improvements, with no requirement of
matching funds; and
WHEREAS, pursuant to the Design IGA, CDOT will be withholding $169,355 of the
$1,937,878 to compensate CDOT for the costs it will incur in reviewing the final design of the
Interchange improvements; and
WHEREAS,the balance of$1,768,523 to be administered by the City must be appropriated
by the City Council; and
WHEREAS,with the Commission's approval of the Systems Level Study and the approved
Design IGA, the Interchange design can begin immediately and potentially allow for the project to
be ready for construction in the fall of 2009, qualifying the project for potential stimulus package
funding; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council 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 to be received
during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund
the sum of ONE MILLION SEVEN HUNDRED SIXTY EIGHT THOUSAND FIVE HUNDRED
TWENTY THREE DOLLARS ($1,768,523) for expenditure in the Capital Projects Fund for the
design of the I-25 and SH392 Interchange Improvements Project.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
February, A.D. 2009, and to be presented for final passage on the 17th day of February,A.D. 2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of February, A.D. 2009.
Mayor
ATTEST:
City Clerk