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Home My WebLink About2025-015-03/18/2025-AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITRESOLUTION 2025-015 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 AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CARPENTER AND TIMBERLINE INTERSECTION PROJECT A.The Carpenter Road and Timberline Road intersection is the site of significant congestion in the westbound Carpenter Road turning onto northbound Timberline Road,often causing traffic to back up westbound for more than half a mile. B.The westbound right-turn auxiliary lane on Carpenter Road results in significant crashes particularly during congested time periods,with a majority of the reported accidents being rear end crashes that occur when traffic is backed up. C.The Carpenter and Timberline Intersection Project (the “Project”)has been developed to address these safety concerns and eliminate most of the conflicts presented by this intersection that result in crashes. D.The Project’s proposed improvements include construction of a multi-lane roundabout,which will create more space for cars,reducing queuing for turns and reducing overall congestion,thereby mitigating the related rear end crashes and fixed object collisions. E.In 2020,the City was awarded fiscal year 2023 Highway Safety Improvement Program (“HSIP”)grant funds (“HISP Funds”)through the North Front Range Metropolitan Planning Organization (“NFRMPO”)and the Colorado Department of Transportation (“CDOT”)for the design,right-of-way acquisition,and construction of the Project. F.The HSIP Funds became available to the City in the State fiscal year 2023, and CDOT then proposed an intergovernmental agreement (IGA”)between CDOT and the City that outlines the terms and conditions of the use of the HSIP Funds.City Council Resolution 2023-032 authorized the execution of that IGA. G.Later in 2023,the Project was analyzed through CDOT’s Intersection Control Assessment Tool which determined that a multilane roundabout would best serve the intersection given the crash data and traffic volumes,and CDOT approved additional HSIP grant funds for the City of Fort Collins to use toward the design,right-of-way acquisition,and construction of the Project.The HSIP funding that is the subject of this resolution came available in the State Fiscal year of 2025 (July 2024).The additional HSIP award is 100%federal funding totaling $2,082,608. H.CDOT has proposed an amendment to the IGA between CDOT and the City (the “Amendment”),which outlines the terms and conditions of the use of the additional HSIP grant funds. Colorado Revised Statutes Section 29-1-203 provides that govemments 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. J.City Charter Article II,Section 16 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. K.Municipal Code Section 1-22 requires the City Council to approve intergovernmental agreements that require the City to make a direct,monetary payment over $50,000,and although the City is not required to make a local match for this funding, the proposed Amendment involves total project funding in the amount of $2,082,608.City staff recommends that the City Council appropriate funds in this amount by separate ordinance. L.The City Council finds and determines that the Project and the HSIP grant funding are in the best interests of the City,that they advance the public’s health,safety, and welfare by facilitating further design and improvement of the City’s transportation safety and infrastructure,and that the Mayor be authorized to execute the Amendment 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,the Amendment with the Colorado Department of Transportation,in substantially the form attached hereto as Exhibit A,with 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 hereby authorizes the City Manager to approve and execute future amendments to the intergovernmental agreement with the Colorado Department of Transportation relating to the Project that the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to facilitate completion of the 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 March 18,2025. ATTEST: I ~ City CIejf Effective Date:March 18,2025 Approving Attorney:Heather N.Jarvis EXHIBIT A TO RESOLUTION 2025-015 OLA#:331002984 Routing #:23-11A4-XC-00052-M000l Additional P0 Reference:400002044 STATE OF COLORADO AMENDMENT Amendment it:I Project #:SHO M455-136 (23881) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation 23-HA4-XC-00052-M000 1 Local Agency Original Agreement Routing Number CITY OF FORT COLLINS 23-HA4-XC-00052 Agreement Maximum Amount $2,778,893.00 Agreement Performance Beginning Date May 09,2023 Initial Agreement Expiration Date February 22,2033 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and wanants 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.Polls,Governor Department of Transportation Shoshana M.Lew,Executive Director Keith Stefanik,P.E.,Chief Engineer Date: LOCAL AGENCY LOCAL AGENCY CITY OF FORT COLLINS (2~Signature if Necessary) Signature Signature By:(Print Name and Title)By:(Print Name and Title) Date:Date: 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,SD By: Department of Transportation Amendment Effective Date:______________________ Document Builder Generated Rev.12109/2016 Page 1 of 2 EXHIBIT A TO RESOLUTION 2025-015 OLA#:331002984 Routing #:23-HA4-XC-00052-M000l Additional P0 Reference:400002044 1)PARTIES This Amendment (the “Amendment”)to the Original Agreement shown on the Signature and Cover Page 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)EFFECTWE 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 Page 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 term 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 original Agreement for the Carpenter and Timberline Intersection Project.The Parties now desire to increase the total fUnds. 5)MODIFICATIONS The Parties desire to: a)Increase the total fUnds from $696,285.00 by $2,082,608.00 to new total fUnds of $2,778,893.00. b)Replace the State funds of $69,628.00 with federal fUnds of $69,628.00. c)Replace Exhibit C-2 with Exhibit C-3,which is attached hereto.Any reference in the original Agreement to Exhibit C,Exhibit C-I,or Exhibit C-2 shall now be a reference to Exhibit C-3. 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 flaIl 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 2 of 2 Rev.12109/2016 EXHIBIT A TO RESOLUTION 2025-015 Federal $State $LA Work (1 SA) EXHIBIT C-3 -FUNDING PROVISIONS City of Fort Collins -SHO M455-136 (23881) A.Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $2,778,893.00,which is to be funded as follows: 1.FUNDING a.Federal Funds (100%of HSIP Award)$2,778,893.00 b.State Funds (0%of HSIP Award)$0.00 c.Local Agency Funds (0%of HSIP Award)$0.00 TOTAL FUNDS ALL SOURCES $2,778,893.00 2.0MB UNIFORM GUIDANCE a.Federal Award Identification Number (FAIN):693JJ22430000YS30C0M455136 693JJ22430000YS32COM4551 36 b.Name of Federal Awarding Agency:FHWA c.Local Agency Unique Entity Identifier VEJ3BS5GK5G1 d.Assistance Listing #Highway Planning and Construction ALN 20.205 e.Is the Award for R&D?No f.Indirect Cost Rate (if applicable)NIA g.Amount of Federal Funds Obligated by this Action:$0.00 h.Amount of Federal Funds Obligated to Date (including this Action):$570,000.00 3.ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted $2,778,893.00 b.State Funds Budgeted $0.00 c.Less Estimated Federal Share of CDOT-lncurred Costs $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 100%$2,778,893.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 0%$0.00 TOTAL PROJECT ESTIMATED FUNDING 100%$2,778,893.00 4.FOR CDOT ENCUMBRANCE PURPOSES a.Total Encumbrance Amount (Federal,State +Local Agency Funds)$2,778,893.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $2,778,893.00 Note:Only $570,000.00 in Design funds are currently available.Additional Design and Construction funds will become available after execution of an Option letter (Exhibit B)or formal Amendment. WBS Element 23881.10.30 Performance Period Start/End Date Design 3020 $570,000.00 07/05/2023 -12/31/2027 WBS Element 23881.20.10 Performance Period Start*!End Date Const.3301 $0.00 TBD-TBD Exhibit C-3 -Page 1 of 2 EXHIBIT A TO RESOLUTION 2025-015 *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. B.Funding Ratios The funding ratio for the federal funds for this Work is 100%federal &State to 0%Local Agency funds, and this ratio applies only to the $2,778,893.00 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 $2,778,893.00,and additional federal funds &State funds are not available,the Local Agency shall pay all such excess costs.If the total cost of performance of the Work is less than $2,778,893.00.then the amounts of Local Agency,State funds and federal 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 $2,778,893.00.For CDOT accounting purposes,the federal funds of $2,778,893.00 and the Local Agency funds of $0.00 will be encumbered for a total encumbrance of $2,778,893.00,unless this amount is increased by an executed amendment before any increased cost is incurred.The total budget of this project is $2,778,893.00,unless this amount is increased by an executed amendment before any increased cost is incurred.The total cost of the Work is the best estimate available,based on the design data as approved at the time of execution of this Agreement,and any cost is subject to revisions agreed to by the parties prior to bid and award. This applies to the entire scope of Work. D.Single Audit Act Amendment All state and local govemment 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. ill.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 organizationlentity. 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. Exhibit C-3 -Page 2 of 2