HomeMy WebLinkAbout2021-100-11/02/2021-AUTHORIZING AN AMENDMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS RESOLUTION 2021-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDMENT TO AN EXISTING INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO, AND THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE SOUTH TIMBERLINE
ROAD IMPROVEMENTS PROJECT—STETSON CREEK ROAD TO ZEPHYR ROAD
WHEREAS, Timberline Road is a major throughfare for Fort Collins residents, serving as
a regional connection for Northern Colorado communities; and
WHEREAS, significant development has taken place in this area over the last decade, and
the existing two-lane portion of south Timberline Road has reached capacity causing significant
congestion and the need to enhance vehicular safety; and
WHEREAS, infrastructure improvements included in widening Timberline Road to four
lanes between Stetson Creek Road and Trilby Road also include addition of a median, sidewalks,
and scheduled bicycle facilities (the "Project"), to improve the overall safety, capacity, and
mobility in the Project area; and
WHEREAS, while the Project limits originally were anticipated to include the area from
Stetson Creek Road to Trilby Road, design changes and budget constraints lead to changes to the
Project to limit the widening of south Timberline Road from Stetson Creek Road to Zephyr Road;
and
WHEREAS, after adoption of Resolution 2021-026 (the "Resolution") of the Council of
the City of Fort Collins approving the Project, an Intergovernmental Agreement (the "IGA") was
entered into between the City and the Colorado Department of Transportation ("CDOT")on April
1, 2021, to complete the Project; and
WHEREAS, on September 10, 2021, due to a change in federal funding source, CDOT
provided the City with a proposed Amendment to the IGA that eliminates the Local Agency
matching funds requirement from the IGA while maintaining the same Federal funding amount of
$2,694,602; 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, the City Council has determined that the Amendment to the IGA 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.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council authorizes the Mayor to execute, on behalf of the
City, Amendment #1 to the Intergovernmental Agreement with the Colorado Department of
Transportation, 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 3. That the City Council hereby delegates authority to the City Manager to
approve and execute future amendments to the IGA 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 IGA, or increase the allocation or amount of funding for the Project funded by
the City as set forth in the IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this the
2nd day of November, A.D. 2021.
ATTEST:
0.SORT CO`l
Interim City Clerk
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EXHIBIT A
OLA 9: 331002142
Routing N:20-HA4-XC-03065-M0001
STATE OF COLORADO AMENDMENT
Amendment#: 1 Project#:STU M455-125(21996)
SIGNATURE AND COVER PAGE
State Agency Amendment Routing Number
Department of Transportation 20-HA4-XC-03065-M0001
Local Agency Original Agreement Routing Number
CITY OF FORT COLLINS 20-HA4-XC-03065
Agreement Maximum Amount S2,694,602.00 Agreement Performance Beginning Date
April 01,2021
Initial Agreement expiration date
May 13,2030
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants 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
Stephen Harelson, P.E.,Chief Engineer
Date:
LOCAL AGENCY LOCAL AGENCY
CITY OF FORT COLLINS (2"d 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,JD
By:.
Department of Transportation
Effective Date:
Document Builder Generated Pagel of2
Rev. 12-09 2016
EXHIBIT A
OLA#: 331002142
Routing#:20-HA4-XC-03065-M0001
I) 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) 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 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 focal 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 this agreement for CDOT to oversee the City of Fort Collins when the City designs and
constructs the following:Timberline Road widening from Stetson Creek Drive to Zephyr Road.
5) MODIFICATIONS
a)Replace 82.790'0' Federal Funds and 17.2 1% Local Agency Matching Funds with 100% Federal Funds;
b)Decrease Total Budget of S3,254,744.00 to$2,694,602.00;
c) Exhibit C is replaced in its entirety with Exhibit C-I,which is attached hereto.
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 2 of 2
Rev. 12r09'2016
EXHIBIT A
EXHIBIT C-1 - FUNDING PROVISIONS STU M455-125(21996)
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be$2,694,602.00,which is to be funded as follows:
1. BUDGETED FUNDS
a. Federal Funds
( 100.0011 o of Participating Costs) $2,694,602.00
b. Local Agency Matching Funds
{0.00% of Participating Costs) $0.00
TOTAL BUDGETED FUNDSI $2,694,602.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number(FAIN): TBD
b. Federal Award Date(also Phase Performance StartDate): TBD
C. Amount of Federal Funds Obligated: $0.00
d. Total Amount of Federal Award: $2,694,602.00
e. Name of Federal AwardingAgency: FHWA
f. CFDA#-highway Planning and Construction CFDA 20.205
g. Is the Award for R&D? No
h. Indirect Cost Rate(ifapplicable) N.A
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $2,694,602.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2,694,602.00
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount
$2,694,602.00
b. Less ROW Acquisition 3111 and,-'Or ROW Relocation 3109 $0.00
Net to be encumbered as follows: $2,694,602.00
Note: No funds are currently available.Design and Construction funds will become available after execution of an Option letter(Exhibit
B)or formalAmendment.
Performance Period Start'fEnd Date
WBS Element 21996 .10.30 TBD : TBD Design 3020 $0.00
WBS Element 21996 .20.10 TBD TBD Const. 3301 $0.00
*The Local Agency should not begin work until all three of the following are in Place:
1)Phase Performance Period Start Dale;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 perrormed before these three(3)milestones are achieved will not be reimbursable.
Exhibit C-1 -Page I of 2
EXHIBIT A
B. Matching Funds
The matching ratio for the federal participating funds for this Work is 100.00% federal-aid funds to 0.00% Local Agency
funds, it being further understood that such ratio applies only to the$2,694,602.00 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$2,694,602.00,and additional federal funds are made available for the Work,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$2,694,602.00,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. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $2,694,602.00 (for CDOT accounting
purposes, the federal funds of$2,694,602.00 and the Local Agency matching funds of$0.00 will be encumbered for a total
encumbrance of$2,694,602,00), unless such amount is increased by an appropriate written modification to this Agreement
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
Agreement,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.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's awarded
contract is less than the budgeted total of the federal participating funds and the Local Agency matching funds. The
maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. E. of this
contract.
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 C.F.R. 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 FundingSources
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
organ ization.-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.
Exhibit C-I -Page 2 of 2