HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2016 - RESOLUTION 2016-086 AUTHORIZING THE MAYOR TO EXECAgenda Item 11
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AGENDA ITEM SUMMARY November 15, 2016
City Council
STAFF
Rick Richter, Director of Infrastructure Services
SUBJECT
Resolution 2016-086 Authorizing the Mayor to Execute an Intergovernmental Agreement between the City of
Fort Collins and the Colorado Department of Transportation for the US 287 (College Avenue) Resurfacing
Project Between Harmony Road and Mulberry Street.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the execution of an intergovernmental agreement (IGA) between the
City and the Colorado Department of Transportation (CDOT) for the CDOT Milling and Resurfacing Project of
US 287 (College Avenue) between Harmony and Mulberry.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In May 2015, CDOT received bids for the milling and resurfacing US 287 (College Avenue) between Harmony
and Mulberry. The bids received were substantially above the project estimate, due in part to night time paving
and the lack of available contractors. At that time, CDOT requested that the City contribute funds to the project
to facilitate the viability of awarding the project. Other options were:
Delay the project and allow the CDOT funds to go back to the state resurfacing fund, requiring this project
to compete with future projects for funding.
Rebid the project eliminating the night time work, increasing impacts to the traveling public.
CDOT requests additional funds internally and from the City of Fort Collins.
In reviewing the above options, it was determined that it was in the City’s best interest to support the project
with the budgeted funds. As a result, the project was awarded and night time construction was included,
reducing the construction impacts for the South College businesses and the traveling public.
The project is substantially complete. Staff is working with CDOT to document the terms of cost-sharing and
finalize the project financial closeout.
CITY FINANCIAL IMPACTS
The City of Fort Collins will contribute $500,000 to support the Milling and Resurfacing Project on US 287
(College Avenue) between Harmony and Mulberry. The funds were previously appropriated in the
Transportation Fund as part of the 2014-2015 budget.
The project will provide short and long term benefits through the completion of resurfacing of one of the main
corridors with the City.
Agenda Item 11
Item # 11 Page 2
CDOT total project cost $8,918,909
City of Fort Collins contribution $ 500,000
PUBLIC OUTREACH
CDOT held numerous public open houses and listening sessions as part of the 287 (College Avenue)
Resurfacing project.
ATTACHMENTS
1. Funding Letter (PDF)
ATTACHMENT 1
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RESOLUTION 2016-086
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE US 287 (COLLEGE AVENUE)
RESURFACING PROJECT BETWEEN HARMONY ROAD AND MULBERRY STREET
WHEREAS, in the summer of 2015, the Colorado Department of Transportation
(“CDOT”) began the milling and resurfacing of US 287 between Harmony Road and Mulberry
Street (the “Project”); and
WHEREAS, prior to the commencement of the Project, the City and CDOT informally
agreed that the City would contribute $500,000 of the total $8,918,909 cost for the Project; and
WHEREAS, the City previously appropriated the $500,000 contribution with $326,872
coming from funds appropriated as part of the 2015 City budget and $173,128 coming from
funds reappropriated in Ordinance No. 040, 2016; and
WHEREAS, the Project is substantially complete; and
WHEREAS, to memorialize the agreed upon terms and formalize the $500,000
reimbursement of CDOT by the City for the Project, an Intergovernmental Agreement (“IGA”)
between the City and CDOT is attached hereto and incorporated herein as Exhibit “A”; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that the Project is in the best interests of the
City and that the Mayor be authorized to execute the IGA between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the Mayor to execute the IGA
between the City and CDOT, substantially in the form attached hereto as Exhibit “A”, together
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with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines necessary and appropriate to protect the interests of the City or further the
purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of November, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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(Local$CDOTWRK)
PROJECT NH 2873-176 (20099)
REGION 3/(WMA)
INTERGOVERNMENTAL AGREEMENT
THIS CONTRACT is executed 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, PO Box 581, Fort Collins, Colorado, 80521, CDOT Vendor
#: 2000023 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 to CDOT.
2. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
3. Pursuant to §§43-2-103 and 43-2-112 CRS as amended, the State may contract with Local
Agencies to provide maintenance and construction of highways that are part of the state (or local
agency) highway system.
4. The Local Agency will provide funds to CDOT to mill and resurface US 287 between Harmony and
Mulberry (MP 342.28-MP346.19) in the City of Fort Collins, Colorado, detailed in the Scope of Work,
Exhibit A, referred to as the “Project” or the “Work”.
5. The Local Agency has funds available and desires to provide funds for the Work to be
performed by CDOT.
6. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c)
and 43-2-144, CRS.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or Work under this Agreement shall consist of CDOT milling and resurfacing US 287
between Harmony and Mulberry (MP 342.28-MP346.19) in the City of Fort Collins, Colorado, more
specifically described in Exhibit A.
EXHIBIT A
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Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Agreement and its exhibits, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. This Agreement
2. Exhibit A (Scope of Work)
3. Exhibit B (Local Agency Funding Letter)
4. Exhibit C (CDOT Award Documents)
5. Other Exhibits in descending order of their attachment.
Section 3. Term
The term of this Agreement shall begin on the date of execution by the Chief Engineer, or his
Designee. This Agreement shall terminate five (5) years from the date of execution, unless sooner
terminated or extended upon written agreement by both Parties.
Section 4. Project Funding Provisions
A. The Local Agency and CDOT have estimated the total cost of the work and the Local Agency
is prepared to provide funds for the work, as evidenced by an appropriate funding letter authorized
by representatives of the Local Agency, which expressly authorizes the Local Agency to enter into
this Agreement and to expand its funds for the project. A copy of this ordinance or resolution is
attached hereto and incorporated herein as Exhibit B.
B. The Local Agency and CDOT estimated the total cost of the work to be $6,368,478.50. The
awarded amount for the work is $8,918,908.95, a 40% increase in total cost of the work. The Local
Agency contribution to the project is:
a. Local Agency Funds $500,000.00
C. The maximum amount payable by the Local Agency under this Agreement shall be
$500,000.00, 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 Agreement is contingent upon all funds designated for the
project herein being made available from state sources, as applicable. Should these sources fail to
provide necessary funds as agreed upon herein, the Agreement 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.
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Section 5. Project Payment Provisions
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:
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. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval
from any utility company, which may become involved in this Project. Prior to this Project being
advertised for bids, the Responsible Party will certify in writing to the State that all such clearances
have been obtained.
Section 7. Environmental Obligations
CDOT shall perform all Work 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. Termination Provisions
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Either Party may terminate this Agreement at any time. Either of the Parties may terminate their
participation in this Agreement by giving ninety (90) days written notice to the other party.
Section 9. 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 10. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region 4 Director, 10601
W. 10th Street, Greeley, CO 80634. Said Region Director will also be responsible for coordinating
the State's activities under this. 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:
Jake Schuch
Project Manager
CDOT Region 4
10601 West 10th Street
Greeley, CO 80634
(970) 350-2205
jake.schuch@state.co.us
If to the Local Agency:
Rick Richter
Director of Infrastructure Services
City of Fort Collins
PO Box 581
Fort Collins, CO 80521
970-221-6798
rrichter@fcgov.com
Section 11. Successors
Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
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Section 12. Third Party Beneficiaries
The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No
person or entity, other than the Parties to this Agreement, shall have any right, legal or equitable to
enforce any provision of this Agreement.
Section 13. Severability
To the extent that this Agreement 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.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this Agreement 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 15. Entire Understanding
This Agreement embodies the entire agreement about its subject matter among the Parties and
supersedes all prior agreements and understandings, if any.
Section 16. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and
conditions of this Agreement and the exhibits and attachments hereto which may require continued
performance, compliance or effect beyond the termination date of the Agreement 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 17. Modification of Terms and Conditions
This Agreement is subject to such modifications as may be required by changes in State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into
and be part of this Agreement on the effective date of such change as if fully set forth herein. Except
as provided above, no modification of this Agreement shall be effective unless agreed to in writing
by both parties in an amendment to this Agreement that is properly executed and approved in
accordance with applicable law.
Section 18. 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
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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 Local Agency 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 19. Local Agency, State Not Agents of Each Other
It is expressly understood and agreed that the State and the Local Agency shall not in any respect be
deemed agents of each other, but shall be deemed to each be an independent contractor.
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Section 20.
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §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. GOVERNMENTAL IMMUNITY. 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, protections, 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.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 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 deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or
employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third
party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have
authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep
in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c)
be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established,
including, without limitation, laws applicable to discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of
this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the
contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and
warrants that, during the term of this contract and any extensions, Contractor has and shall maintain 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 provision, the State may exercise any remedy available at law or in 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/CONFLICT OF INTEREST. CRS §§24-18-201 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. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any
person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State
Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of
final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, 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 will 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 of job 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 State 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 shall 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.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years 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.
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THE PARTIES HERETO HAVE EXECUTED THIS INTERGOVERNMENT AGREEMENT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency’s
behalf and acknowledge that the State is relying on their representations to that effect.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
THE LOCAL AGENCY
CITY OF FORT COLLINS
By:
Title:
________________________________________
*Signature
Date: __________________________
Colorado Department of Transportation
Shailen P. Bhatt, Executive Director
___________________________________________
By: Joshua Laipply, P.E., Chief Engineer
Date: _________________________
2nd The Local Agency Signature (if Needed)
By:
Title:
__________________________________________
*Signature
Date: _________________________
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
___________________________________________
By: Assistant Attorney General
Date: _________________________
Exhibit A
Exhibit A – Page 1 of 1
Scope of Work
CDOT Region 4
US 287 Resurfacing Project
CDOT Project NH 2873-176, 20099
CDOT is responsible for performing a 3 inch mill and resurfacing of US 287 between
Harmony and Mulberry in Fort Collins (MP 342.28-Mp 346.19). The contractor will also
complete some drainage improvements between University and Mulberry Street.
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Exhibit B
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Exhibit C
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Revised 1-1-09
SPECIAL PROVISIONS