The URL can be used to link to this page

Home My WebLink About2024-097-08/20/2024-AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITRESOLUTION 2024-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS,COLORADO,AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE LAPORTE AVENUE MULTIMODAL IMPROVEMENT PROJECT A.Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane arterial roadway.The road experiences heavy bicycle and pedestrian traffic especially with Poudre High School and many residential neighborhoods and businesses located in this corridor. B.The corridor has several gaps in multimodal transportation infrastructure. Many locations lack sidewalks,curbs,and gutters,and the bike lanes are often narrow and not well defined. C.The Laporte Avenue projects are developed in three phases:1)the Bridges and roadway work between Taft Hill Road and Frey Avenue (“Bridges”),2)installation of pedestrian and bicycle side paths between Frey Avenue and Fishback Avenue (“East Project”),and 3)installation of pedestrian and bicycle side paths between Sunset Street and Taft Hill Road (“West Project”).Collectively the East Project and West Project comprise the Laport Avenue Multimodal Improvement Project (the “Project’). D.The initial Bridges phase of this work was completed in 2023 and replaced two aging bridges in the corridor.The East Project began earlier in 2024 and is scheduled to be completed later in August.The West Project is scheduled to begin in October once property acquisition is complete.Construction was broken into East and West Projects to accommodate the property acquisition schedule introducing some additional design cost. E.The project delivery method for the East and West Projects is Construction Manager/General Contractor (“CM/GC”).The chosen contractor held their proposed pricing for the East Project despite a delay in beginning construction due to property acquisition and the Colorado Department of Transportation (“CDOT”)approval.The CM/GC has demonstrated by providing open book pricing and confirmed by an independent cost estimate that price escalation has impacted many of the materials and costs for the West Project.Construction cost inflation is confirmed by the CDOT Colorado Construction Cost Index report showing an annual percentage increase in construction costs of 8.03%. F.Additionally,the cost to acquire real property for the West Project has been significantly higher than was estimated.Increased acquisition costs result from 1) significant escalation in property values during the process,2)increased use of settlements to minimize delays in some acquisitions,and 3)increased consulting needs (land appraisal and real estate services)resulting from updated CDOT right-of-way processes. G.During this design effort,the City applied for and was awarded Fiscal Year 2027 Colorado Department of Transportation Highway Safety Improvement Program (“HSIP”)grant funds to install a Rectangular Rapid Flashing Beacon (“RRFB”)for additional pedestrian and bicycle safety within the West Project limits at Impala Drive. H.CDOT has agreed to provide the funding early so that the RRFB may be included in the construction and has proposed an amendment to the existing CDOT Intergovernmental Agreement (the “IGA”)to increase the total funds from $1,059,084 by $509,617 to a new total funds amount of $1,568,701 and to update the funding provisions exhibit of the IGA. I.Savings from the Bridges ($517,000)can be reappropriated to the West Project.Including the local match for the HSIP award ($335,454),it is estimated that an additional $560,055 (including $49,500 in CDOT HSIP funds)is needed to complete construction on the West Project. J.Resolution 2024-025 authorized execution of an amendment to the IGA with CDOT,which administers the grant funds for the Project,and this Resolution seeks to authorize a further amendment of that IGA to enable the City to receive and expend the additional grant funds to continue the Project. K.Colorado Revised Statutes Section 29-1-203 provides that governments may cooperate or contract with one another to provide certain services or facilities when the 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. L.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. M.City Code Section 1-22 requires the City Council to approve IGAs that require the City to make a direct,monetary payment over $50,000,and the proposed amendment amends an IGA that requires the City to provide total matching funds in the amount of $1,420,500. N.The City Council has determined that this amendment to the IGA with CDOT is in the best interests of the City and that the Mayor be authorized to execute the amendment to the IGA between the City and CDOT in support thereof. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council authorizes the Mayor to execute,on behalf of the City,upon the effective date of Ordinance No.118,2024,an amendment to the intergovernmental agreement with the Colorado Department of Transportation relating to the Laport Avenue Multimodal Improvement Project,in substantially the form attached hereto as Exhibit A,with such additional or modified terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Section 2.The City Council authorizes the City Manager to approve and execute future amendments to the intergovernmental agreement with the Colorado Department of Transportation relating to the Laport Avenue Multimodal Improvement Project that the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to facilitate completion of the Laport Avenue Multimodal Improvement Project,so long as such amendments do not increase the cost of the Project,substantially modify the purposes of the intergovernmental agreement,increase the allocation or amount of funding for the Project funded by the City,or otherwise increase the obligations and responsibilities of the City as set forth in this amendment to the intergovernmental agreement. Passed and adopted on August 20,2024. ‘at Mayor ProTe ATTEST: 1 ~-.-r~..’,i tSA ityCf Effective Date:August 20,2024 Approving Attorney:Heather N.Jarvis EXHIBIT A TO RESOLUTION 2024-097 Amendment #:2 OLA#:331002691 Routing #:22-HA4-XC-000l7-M0003 Additional PG Reference:400001821,400002122 STATE OF COLORADO AMENDMENT Project #:TAP M455-133 (23630,25890,25891,25892) SIGNATURE AND COVER PAGES State Agency Amendment Routing Number Department of Transportation 22-HA4-XC-0001 7-M0003 Local Agency Original Agreement Routing Number CITY OF FORT COLLINS 22-HA4-XC-00017 Agreement Maximum Amount $6,407,500.00 Agreement Performance Beginning Date June 29,2022 Initial Agreement Expiration Date January Il,2032 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S.Polis,Governor Department of Transportation Shoshana M.Lew,Executive Director Keith Stefanik,P.E.,Chief Engineer Date: LOCAL AGENCY ADDITIONAL LOCAL AGENCY SIGNATURES CITY OF FORT COLLINS CITY OF FORT COLLINS By:By:_______________________________________ °Signat’ure *Signatm.e Name:Name:___________________________________________ (Print Name)(Print Name) Title:________________________________________________Title:________________________________________________ (Print Title)(Print Title) Date:____________________________________________Date: By:__________________________________ °Signature Name:_____________________________________________ (Print Name) Title:______________________________________________ (Print Title) Date: Document Builder Generated Rev.12/09/2016 Page I of 3 EXHIBIT A TO RESOLUTION 2024-097 OLA#:331002691 Routing #:22-HA4-XC-00017-M0003 Additional PG Reference:400001821,400002122 In accordance with §24-30-202 C.R.S.,this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD By:_________________________________ Department of Transportation Amendment Effective Date:_______________ THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Document Builder Generated Page 2 of 3 Rev.12/0912016 EXHIBIT A TO RESOLUTION 2024-097 OLA#:331002691 Routing #:22-HA4-XC-000I7-M0003 Additional PD Reference:400001821,400002122 I)PARTIES This Amendment (the “Amendment”)to the Original Agreement shown on the Signature and Cover Pages for this Amendment (the “Agreement”)is entered into by and between the Local Agency and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment,all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Pages for this Amendment.The State shall not be bound by any provision of this Amendment before that Amendment Effective Date,and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment tent shown in §3.B of this Amendment B.Amendment Term The Parties’respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4)PURPOSE The Parties entered into the Agreement for the Laporte Avenue Improvements:Fishback to Sunset project in Fort Collins,CO.The Parties now desire to update the Funding Provisions. 5)MODIFICATIONS The Agreement and all prior amendments thereto,if any,are modified as follows: a)The total budgeted funds are increased from $6,352,500.00 by $55,000.00 to a new total budgeted funds of $6,407,500.00. b)Exhibit C-4 shall be replaced by Exhibit C-S.Any reference in the Original Agreement to Exhibit C, Exhibit C-i,Exhibit C-2,Exhibit C-3,or Exhibit C-4 shall be a reference to Exhibit C-S. c)Exhibit D-i shall be replaced by Exhibit D-2.Any reference in the Original Agreement to Exhibit D Exhibit D-i shall be a reference to Exhibit D-2. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement,and the Agreement and all prior amendments or other modifications to the Agreement,if any,remain in full force and effect except as specifically modified in this Amendment.Except for the Special Provisions contained in the Agreement,in the event of any conflict,inconsistency,variance,or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement,the provisions of this Amendment shall in all respects supersede,govern,and control.The provisions of this Amendment shall only supersede,govern,and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Document Builder Generated Page 3 of 3 Rev.12/09/2016 EXHIBWI?!}4 TfIJ1ii??~Wb2*i°~ToNs City of Fort Collins TAP M455-133 (23630,25890,25891,25892) A.Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $6,407,500.00.which is to be funded as follows: 1.FUNDING a.Federal Funds TAP (80.00%of TAP Award)$3,250,000.00 b.Local Agency Funds (20.00%of TAP Award)$812,500.00 C.Federal Funds HSIP (90.00%of HSIP Award)$49,500.00 h.Local Agency Funds (10.00%of HSIP Award)$5,500.00 d.Federal Funds ARPA US Treasury Expenditure Category EC6 (80.31%of RMS Award)$1,437,500.00 e.Local Agency Funds (19.69%of RMS Award)$352,500.00 f.State Funds MMOF (50.00%of MMOF Award)$250,000.00 g.Local Agency Funds (50.00%of MMOF Award)$250,000.00 TOTAL FUNDS ALL SOURCES $6,407,500.00 2.0MB UNIFORM GUIDANCE a.Federal Award Identification Number (FAIN): b.Name of Federal Awarding Agency: c.Local Agency Unique Entity Identifier d.Assistance Listing #Highway Planning and Construction e.Assistance Listing #Coronavirus State and Local Fiscal Recovery Funds f.Is the Award for R&D?No g.Indirect Cost Rate (if applicable) h.Amount of Federal Funds Obligated by this Action: Amount of Federal Funds Obligated to Date (including this Action): ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted b.ARPA Funds Budgeted c.State Funds Budgeted d.Less Estimated Federal Share of CDOT-lncurred TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY TOTAL ESTIMATED FUNDING BY LOCAL AGENCY TOTAL PROJECT ESTIMATED FUNDING FOR COOT ENCUMBRANCE PURPOSES TAP a.Total Encumbrance Amount (Federal funds +Local Agency funds)$4,062,500.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 3. 4. $3,299,500.00 $1 ,437,500.00 $250,000.00 Costs $0.00 77.73%$4,987,000.00 22.27%$1,420,500.00 100.00%$6,407,500.00 TBD FHWA,USDT VEJ3BS5GK5G1 ALN 20.205 ALN 21.027 N/A $0.00 $2,187,500.00 Exhibit C-5 -Page 1 of 3 HSIP EXHIBIT A TO RESOLUTION 2024-097 a.Total Encumbrance Amount (Only State funds are encumbered)$55,000.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 RMS (ARPA) a.Total Encumbrance Amount (Only ARPA funds are encumbered)$1 .437500.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 MMOF a.Total Encumbrance Amount (Only State funds are encumbered)$250,000.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $5,805,000.00 Note:Only $2,586,250.00 is currently available.Additional Design and Construction funds will become available after execution of an Option letter (Exhibit B)or formal Amendment. TAP WBS Element 23630.10.30 Performance Period Starr/End Date Design 3020 $1.00 08/31/2022 —12/31/2024 WBS Element 25890.20.10 Performance Period Start/End Date Const.3301 $937,500.00 10/12)2023 —12/31/2024 WBS Element 25891.20.10 Performance Period Start*/End Date Const.3301 $0.00 TB 0-TB D WBS Element 25892.20.10 Performance Period Start*/End Date Const.3301 $0.00 TBD-TBD HSIP WBS Element 25890.20.10 Performance Period Start*IEnd Date Const.3301 $0.00 TBD-TBD WBS Element 25891.20.10 Performance Period Start*/End Date Const.3301 $0.00 TBD—TBD WBS Element 25892.20.10 Performance Period Start*/End Date Const.3301 $0.00 TBD-TBD RMS WBS Element 23630.10.30 Performance Period Start**/End Date Design 3020 $1,437,499.00 06/29/2022 —12/31/2026 MMOF WBS Element 25890.10.30 Performance Period Start**/End Date Const.3301 $211,250.00 N/A-N/A WBS Element 25891.20.10 Performance Period Start**/End Date Const.3301 $0.00 N/A-N/A WBS Element 25892.20.10 Performance Period Start**/End Date Const.3301 $0.00 N/A-N/A *For TAP and HSIP ftjnds,the Local Agency should not begin work until all three (3)of the following are in place: 1)Phase Performance Period Start Date;2)the execution of the document encumbering funds for the respective phase;and 3)Local Agency receipt of the official Notice to Proceed.Any work performed before these three (3) milestones are achieved will not be reimbursable. For RMS and MMOF funds,the Local Agency should not begin work until both of the following are in place:1) the execution of the document encumbering funds for the respective phase;and 2)Local Agency receipt of the official Notice to Proceed.Any work performed before these two (2)milestones are achieved will not be reimbursable. Exhibit C-5 -Page 2 of 3 EXHIBIT A TO RESOLUTION 2024-097B.Matching Funds The funding ratio for the federal &State funds for this Work is 77.73%federal &State funds to 22.27%Local Agency hinds,and this ratio applies only to the $6,407,500.00 that is eligible for federal &State funding.All other costs are borne by the Local Agency at 100%.If the total cost of performance of the Work exceeds $6,407,500.00,and additional federal &State funds are not available,the Local Agency shall pay all such excess costs.If the total cast of performance of the Work is less than $6,407,500.00,then the amounts of Local Agency and federal &State funds will be decreased in accordance with the funding ratio described in Al.This applies to the entire scope of Work. C.Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $4,987,000.00.For CDOT accounting purposes,the federal funds &$3,299,500.00,federal ARPA funds &$1,437,500.00,State MMOF funds of $250,000.00 and Local Agency funds of $818,000.00 will be encumbered,but the Local Agency funds of $602,500.00 will NOT be encumbered for a total encumbrance of $5,805,000.00.The total budget of this project is $6,407,500.00,unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost &the Work is the best estimate available,based on the design data as approved at the time of execution of this Agreement,and that any cost is subject to revisions agreed to by the parties prior to bid and award. The maximum amount payable will be reduced without amendment when the actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of the federal funds and the Local Agency funds.The maximum amount payable will be reduced through the execution of an Option Letter as described in Section 7.E.of this contract.This applies to the entire scope of Work.ARPA Funds can only originate from and after May 18, 2021. D.Single Audit Act Amendment All state and local government and non-profit organizations receiving $750,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200,subpart F (Audit Requirements)see also,49 CFR 18.20 through 18.26.The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i.Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources,not just Highway funds)in its fiscal year then this requirement does not apply. ii.Expenditure of $750,000 or more-Highway Funds Only If the Local Agency expends $750,000 or more,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. iii.Expenditure of $750,000 or more-Multiple Funding Sources If the Local Agency expends $750,000 or more 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. iv.Independent CPA Single Audit shall only be conducted by an independent CPA.not by an auditor on staff.An audit is an allowable direct or indirect cost. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit C-5 -Page 3 of 3 EXHIBIT A~R~I~t.~21 2024-097 LOCAL AGENCY RESOLUTION [This page will be replaced with Local Agency Resolution prior to routing for signatures.]