HomeMy WebLinkAbout2013-057-07/02/2013-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DE RESOLUTION 2013-057
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE
PURPOSE OF ESTABLISHING PERFORMANCE, MONITORING AND
MITIGATION PARAMETERS FOR THE JEFFERSON STREET CORRIDOR
WHEREAS, in May 2010, the City Council authorized the Jefferson Street Alternatives
Analysis Study to be performed, which study was reported to and approved by the City Council on
June 5, 2012; and
WHEREAS,the Jefferson Street Alternatives Analysis Study report included recommended
preferred corridor and intersection alternatives and actions needed to amend the Jefferson/Riverside
(State Highway 14) Access Management Plan; and
WHEREAS,the preferred analysis includes the reconfiguration of Jefferson Street from the
existing four-lane street to a three-lane street with landscaped medians,on-street parking,pedestrian
streetscape and urban design features extending from North College Avenue to Mountain Avenue,
as well as certain intersection improvements to the Jefferson Street/Lincoln/Mountain Avenue
signalized intersections; and
WHEREAS, the proposed alternative has received the support of the Colorado Department
of Transportation (CDOT), the Downtown Development Authority, Larimer County, and various
members of the community; and
WHEREAS,the Downtown Development Authority,the Transportation Board,the Planning
and Zoning Board, and the Economic Advisory Commission have all supported the adopted
recommendations; and
WHEREAS,CDOT and the City desire to enter into an intergovernmental agreement spelling
out conditions for converting Jefferson Street from a four-lane street to a three-lane street, which
agreement will include requirements for the City to monitor safety and traffic operations at specified
milestones and for the City to monitor truck counts on Jefferson Street as well as on three probable
diversion routes; and
WHEREAS, the intergovernmental agreement also provides that if safety, traffic operation
or truck diversion are found to be deficient as a result of the Jefferson Street corridor project, then
modifications should be explored and, if no modifications are plausible, then CDOT has the right
to return the Jefferson Street corridor to a four-lane configuration; and
WHEREAS,the City Council has determined that the intergovernmental agreement between
the City and CDOT for the purpose of establishing performance, monitoring and mitigation
parameters for the Jefferson Street corridor, is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement between
the City and CDOT for the purpose of establishing performance, monitoring and mitigation
parameters for the Jefferson Street corridor in substantially the form attached hereto as Exhibit"A",
with such additional 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 purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of July, A.D. 2013.
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EXHIBIT A
City of Fort Collins ID 331000694
SH14 (Jefferson St.) Construction Project
REGION 4 (rp)
CONTRACT
THIS CONTRACT, executed this day of 20 by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation (CDOT or
the State), and the CITY OF FORT COLLINS (City or Local Agency), P.O. Box 580, Fort Collins,
CO 80522-0580, CDOT Vendor #: 2000023, the Local Agency and the State shall hereinafter be
referred to as the "Parties."
RECITALS
I. Required approval, clearance and coordination have been accomplished from and with
appropriate agencies.
2. Pursuant to 43-2-104.5 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.
3. Section §§ 43-2-102 and 103, C.R.S require the State to maintain state highways (including
where such highways extend through a city or an incorporated town), and § 43-2-135 describes
certain specific responsibilities of the State and affected local entities (respectively) with respect
to state highways that are also part of a local street system.
4. Jefferson Street is a significant local roadway for the City and is also part of the State
Highway System as State Highway 14.
5. Jefferson Street, as State Highway 14, is part of a CDOT designated Regional Truck Route.
6. The City obtained funding for a feasibility study for Jefferson Street from the North Front
Range Metropolitan Planning Organization (NFRMPO).
7. CDOT and the City participated jointly in the Jefferson Street Feasibility Study, along with the
Downtown Development Authority (DDA), Union Pacific Railroad (UPRR) and the Colorado
Motor Carriers Association (CMCA).
8. The feasibility study concluded that part of Jefferson Street, based upon current traffic
forecasts, can provide adequate mobility and safety if modified to have only one lane in the
southeast bound direction.
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9. The final design and construction of the project will need to continue in the CDOT Local
Agency and/or CDOT Permit Process, and additional approvals and clearances will be required
before the project can be constructed.
10. "The work" under this agreement shall consist of final design and upon approval by CDOT,
construction of Jefferson Street as shown in Exhibit A.
11. CDOT and the City mutually agree that it is in the interest of both parties to maintain SH 14
including Jefferson Street as a designated truck route, both parties will work together to maintain
access and mobility standards for all traffic including trucks and to meet minimum truck route
design criteria for large commercial long haul vehicles on SH14. CDOT will consent to the
modifications agreed upon, but it is important that the State have the flexibility to return the
corridor back to a four lane configuration in the event Key Performance Indicators (KPIs) occur.
12. The Parties desire to enter into this Contract to memorialize the Local Agency's
responsibilities corresponding with the construction of the Project and its associated maintenance
(Maintenance) as detailed in Exhibit A;
13. The Parties have the authority, as provided in Sections §§ 29-1-203, 43-1-106, 43-2-103,
43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly
passed and adopted by the Local Agency, to enter into contract with the Local Agency for the
purpose of maintaining the Project after construction.
14. The Local Agency has adequate facilities to perform the desired design, construction and
maintenance services on SH 14.
THE PARTIES NOW AGREE THAT:
Section ]. Scope of Work
The Work under this agreement shall consist of final design and upon approval by
CDOT, construction of Jefferson Street as shown 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. This contract
2. Exhibit A (Scope of Work and Maps)
3. Exhibit B (Local Agency Ordinance or Resolution)
Section 3. State and Local Agency Commitments
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A. State Commitments
1. CDOT will participate in good faith during the final design and construction phases.
2. CDOT will continue to contract with the City through its current maintenance
agreements, for routine maintenance and traffic signal maintenance, as mutually agreed
by both parties.
3. CDOT will support traffic study efforts, including traffic safety analysis, to the extent
agreed upon by the Parties in advance of any work being required.
B. Local Agency Commitments
1. The City will seek its own funding sources, which may include Federal, State, local or
private funds, for the Jefferson Street Project and its associated costs. The City
acknowledges that CDOT is not committed to providing any funding to the project per
the Schedule of Responsibility under Section 3, B, 10.
2. The City will obtain Construction Permits and Special Use and Landscaping Permits
requiring the City to be responsible for all maintenance and upkeep per 43-2-135;
(Division of Authority Over Streets), including storm drainage, curbs, sidewalks,
lighting, landscaping and any urban design features not within the paved section of the
highway.
3. The City is required to monitor traffic safety and operations of the project area and
produce traffic studies of the project per the schedule of performance items included in
this document.
4. As used herein the term "maintenance services" shall mean only those maintenance
services normally performed by the State to comply with its responsibility under§§ 43-2-
102 and 43-2-135, C.R.S., as described in the State's then current "Maintenance Level of
Service Manual" ("MLOS"), as amended, which is incorporated herein by this reference.
The Local Agency shall obtain a copy of that Manual from the CDOT Region 4 before it
performs any maintenance services under this Contract.
a. Maintenance services to be performed by the Local Agency, under this Contract,
shall meet or exceed a CDOT level of service of B,per the MLOS manual
(reference roadside facilities/drainage).
b. Local Agency shall also continue to perform, at its own expense, all
activities/duties on the Project the Local Agency is required to perform by §43-2-
135 (1) (a) and (e), C.R.S., as amended.
5. The Local Agency shall perform the Maintenance on the Project for its useful life. At the
end of its useful life, or at such time the Local Agency decides to no longer maintain the
Project, the Local Agency shall coordinate with CDOT to return the area back to the
condition that existed prior to the installation of the Project.
6. Local Agency, its agents, employees, and assigns shall obtain a permit to access CDOT
ROW for construction of the Project and for subsequent maintenance. The Local Agency
shall notify CDOT Region 4 Traffic of any anticipated lane closures in advance of the
needed closure. If CDOT Region 4 has staff available, the staff may assist the Local
Agency with the closure. For this Project, CDOT has granted the City the ability to
perform lane closures under the City's permit program for a period of three years (March
19, 2013 to March 18, 2016) as stated in the March 19`h, 2013 letter(the Letter) from the
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Acting CDOT Region 4 Traffic Engineer to the City of Fort Collins Traffic Engineer.
The Letter is incorporated herein by this reference. However, should CDOT determine
that the City's lane closure program is not meeting safety and mobility standards, CDOT
reserves the right to cancel the granted approval thereby defaulting the lane closures to
CDOT Region 4's Lane Closure Strategy.
7. The performance of such services shall comply with the same standards that are currently
used by the State for the State's performance of such services. The State's Regional
Transportation Director, or the Director's representative, shall determine the then current
applicable maintenance standards for the maintenance services. Any standards/directions
provided by the State's representative to the Local Agency concerning the maintenance
services shall be in writing. The Local Agency shall contact the State Region office and
obtain those standards before the Local Agency performs such services.
8. The Local Agency shall perform the maintenance services in a satisfactory manner and in
accordance with the terms of this Contract. The State reserves the right to determine the
proper quantity and quality of the maintenance services performed by the Local Agency,
as well as the adequacy of such services, under this Contract. The State will notify the
Local Agency in writing of any deficiency in the maintenance services. The Local
Agency shall commence corrective action within 24 hours of receiving actual or
constructive notice of such deficiency: a) from the State; b) from its own observation; or
c) by any other means. In the event the Local Agency, for any reason, does not or cannot
correct the deficiency within 24 hours, the State reserves the right to correct the
deficiency and to deduct the actual cost of such work from the subsequent payments to
the Local Agency, or to bill the Local Agency for such work.
9. As part of the construction of the Project, the Local Agency will purchase a small portion
of right of way (ROW), and accordingly:
a. Prior to acquiring ROW,' the City shall provide to CDOT Region 4 ROW
Department a set of ROW plan for review.
b. With the purchase of right of way for a State highway, including areas of
influence, the Local Agency shall immediately convey title to such right of way to
CDOT after the Local Agency obtains title.
c. The acquisition/relocation activities shall comply with all applicable federal and
state statutes and regulations, including but not limited to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 as amended and
the Uniform Relocation Assistance and Real Property Acquisition Policies for
Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24),
CDOT's Right of Way Manual, and CDOT's Policy and Procedural Directives.
10. Schedule of Responsibility
a. Definitions
i. "Corridor Project" shall be defined as the segment of SH 14 (Jefferson
Street) or adjacent or adjoining roadways, which will be modified by the
Project's construction activities from its current configuration, including
Right-of-Way, pavements, curb, gutters, sidewalks, utilities, drainage,
lighting, traffic control, landscaping and urban design features.
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ii. "Influence Areas" shall be defined as:
• The adjacent intersection of College Avenue and Willow/Chevy
Streets
• Parallel routes at Owl Canyon, Vine Drive and SHl/CR50
• Any adjacent CDOT facility with traffic impacts attributable to
modifications made to the project area.
iii. "Traffic Studies" Shall be defined as studies to analyze the traffic
operations and safety impacts of the Corridor Project, including any area
which will be influenced by the Project per the definitions. Traffic Studies
shall include an engineering analysis of all KPIs listed in Section 4 and
shall be performed by the City and provided to CDOT per the
Performance Milestones schedule in Section 3, B.
11. Responsibilities
a. Project Construction - The City shall be responsible for acquiring 100% of the
funding and paying all costs associated with the design and construction of the
Corridor Project (defined specifically in Section 3, B and in Exhibit A).
b. From Opening Day through Year 5 -The City shall be responsible for
acquiring 100% of the funding and paying all costs associated with monitoring,
studies, modifications, improvements, alterations and any mitigation measures
required for the Corridor Project and its influence areas. Funding sources for
these activities are not restricted but shall be per Section 3, B. After year 5 the
responsibilities of the Parties will default to guidelines under 43-2-135 CRS.
12. Performance Milestones
a. Prior to Construction
Traffic counts shall be performed within one year prior to beginning construction
of the Jefferson Street Project. These traffic counts shall include truck
classification counts to establish baseline levels of truck traffic using the Jefferson
Street corridor. Pre-construction traffic counts shall be taken on Jefferson Street
and also on the most probable diversion routes: "Owl Canyon", "Vine Drive" and
"SH1 —CR50" as defined below to define base condition traffic levels on these
routes:
Owl Canyon— SH 14/287 to/from I25 via CR72 and CR70
Vine Drive—SH 14/287 to/from I25 via Vine Drive
SH1/CR50— SH 14/287 to/from 125 via SHI and CR50
Permits or permissions to obtain data from county roads shall be obtained as may
be required. This data shall be used to support the evaluation of the performance
milestones in this Section and KPIs listed in Section 4.
b. Year 2 after Completion of Construction
Two years after completion of the Corridor Project, traffic counts shall be retaken
on Jefferson Street and compared to the counts taken before the beginning of
construction as part of a comprehensive traffic study of the project area. The
study shall be performed and provided by the City to CDOT for review.
Specifically as pertains to trucks, a reduction of more than 10% in the number and
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percentage of trucks will require recounting the traffic on the diversion routes
listed above. At this time the City and CDOT shall work in partnership to
determine:
1. If the reduction is due to changes from the Jefferson Street project,
or
2. Are due to outside influences which may be beyond the City's
control, and
3. If a course of action is necessary, then
4. What strategy and plan of action is to be taken.
c. Year 5 after completion of Construction
An additional Traffic Study shall be performed at the conclusion of the fifth year
of operation after completion of construction of the Corridor Project. As-before, a
Study report shall be provided by the City to CDOT for review., The Parties shall
cooperatively determine if KPIs have been exceeded and agree on a course of
action as necessary. If no truck diversion is observed at the time of the two year
study, the requirement to evaluate and mitigate truck diversion shall not be
required to be carried over to the 5 year study.
At a minimum, two studies shall be performed over the 5-year term to analyze the
operational and safety performance of the Corridor Project; unless otherwise
agreed to by the Parties. The studies shall facilitate the required actions of the
Performance Milestones in Section 3, B and the Key Performance Indicators in
Section 4.
Section 4. Key Performance Indicators (KPIs)
The following Key Performance Indicators (KPIs) will trigger additional evaluation by the
Parties. The Parties agree to investigate other solutions, enhancements or modifications
(mitigation measures) that address the issues indicated by the KPIs. Any required costs for these
investigations shall be assumed by the Parties per the schedule included above in Section 3, B
and Section 4.
In the event mitigating measures cannot be made to acceptably address the KPIs, then the State
reserves the right to return Jefferson Street to four lanes; with two lanes in each direction.
KPIs for State Highway 14/287:
1. Double left requirement for SB College Avenue to Jefferson Street:
The Parties agree to:
When and if congestion and or queue spillback blocking becomes a problem, as defined
below in this KPI, on SH 14/US 287 at College Avenue and Jefferson Street, the City
shall work with CDOT to find a mutually agreeable measure to mitigate these issues. The
City may consider as a possible strategy, the extension of the southbound left turn queue
storage lane on College Avenue at Jefferson Street and closure of the northbound left turn
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lane on College Avenue at Cherry Street to provide additional queuing and storage
capacity for the southbound left turning traffic.
If this or any other mutually agreed upon and implemented mitigation measure cannot
reduce queue lengths and/or delays to within acceptable levels as determined by this KPI,
then a double left turn lane may be required by CDOT to resolve these issues. A double
left turn lane will require reconfiguring the Jefferson Street Corridor Project back to a
four lane configuration.
CDOT understands that this action shall only be undertaken as a last resort when no other
mitigation measures, which can be agreed to by both parties, will resolve the issue of
congestion or queue spillback blocking of traffic on SH 14 or US287. CDOT resolves to
work with the City in the event that mitigation is required and to work in good faith to
find a solution which is acceptable to both parties.
Performance Indicators shall be considered to be exceeded for this KPI if the following
conditions are true:
• Queue lengths—When the 50`h percentile(or average) queue length is seen to
extend beyond available storage and cause queue spillback blocking of
through lanes on SH 14/US 287 during the AM or PM peak hours, either by
field measurement (observed in half the signal cycles in the hour) and/or a
traffic study using either SynchroTM software or the Highway Capacity
Software(HCS), then this condition shall be considered exceeded and shall
require mitigation.
• Level of Service—When the overall intersection LOS on SH 14/US 287 at
College Avenue and Jefferson Street, or any of its approaches which are on a
the State Highway, exceeds LOS D based on analysis of control delay using
either field measurement, SynchroTM software or HCS, Then this LOS shall
be considered as requiring mitigation.
Analysis of this KPI shall be included in both the 2 year traffic Study and the 5 year
traffic study but may be continuously monitored by either party and shown to be
exceeding the KPI at any time.
2. Mobility and Operational Levels of Service Requirement
The Parties agree:
To maintain an acceptable operational Level of Service on SH 14 for vehicle traffic
from, the intersection of College Avenue at Jefferson Street through the project area to,
and including, the intersection of Mountain/Lincoln Avenues and Jefferson Street on
State Highway 14. It should be noted that LOS for any of these intersections is not
projected to exceed LOS D by 2035 for either the"build" or"no-build" scenarios per the
Jefferson Street—Future Conditions Traffic Analysis or the Intersection Options Analysis
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for Jefferson Street and Lincoln/Mountain Avenue studies. The City and CDOT have
agreed in previous negotiations that CDOT will allow a one letter reduction in LOS from
projected no-build conditions at these intersections with the construction of the project.
If mitigation strategies needed to control delay and queue lengths, are not effective, then
a four lane configuration shall be evaluated as a viable option for resolving these issues.
CDOT understands that this action shall only be undertaken as a last resort when no other
mitigation measures, which can be agreed to by both parties, will resolve the issue of
congestion or queue spillback blocking of traffic on SH 14. CDOT resolves to work with
the City in the event that mitigation is required and to work in good faith to find a
solution which is acceptable to both parties.
Performance Indicators shall be considered to be exceeded for this KPI if the following
conditions are true:
r
• Queue lengths—When the average queue length is seen to extend beyond
available storage for a turn lane and causes queue spillback blocking of
through lanes on SH 14 during the AM or PM peak hours, either by field
measurement (observed during half the cycles in the hour) and/or a traffic
study using either SynchroTM software or HCS (showing 50th percentile queue
length exceeding storage length), then this condition shall be considered to be
exceeding this KPI and shall require mitigation.
• Level of Service—When the overall intersection LOS on SH 14 at either
Linden Street or Lincoln/Mountain Avenues, or any State Highway
approaches to these intersections, exceeds LOS C based on analysis of traffic
demand and control delay using either SynchroTM software or HCS, Then the
LOS at this intersection shall be considered to be exceeding this KPI and shall
require mitigation.
Queue lengths and LOS must be within the KPI or mitigation measures will be required.
If no mitigation measure can reduce queue lengths and/or delays by the agreed upon
timelines, then this KPI may be considered exceeded and may be used to require the
reconfiguration of the Jefferson Street Corridor Project per this agreement.
3. Traffic Safety Requirement
The Parties agree:
Safety is of paramount importance to all parties. The Parties agree to maintain to the
highest degree as is practicable, a safe and secure environment for vehicles, pedestrians
and bicyclists on the facilities included in the project area. '
Currently, the safety of the project area, as measured by the safety performance on the
existing facility, is better than that measured for similar facilities of this type in Colorado.
Page 8 of 15
If the use of strategies to reduce crashes after completion of the project becomes
necessary, and acceptable levels are not achieved with implementation of mitigation
measures(and allowing an appropriate evaluation period), then a four- lane
reconfiguration shall be evaluated as a viable option for resolving any safety issues.
CDOT understands that this action shall only be undertaken as a last resort when no other
mitigation measures,which can be agreed to by both parties, will resolve the issue of
poor safety performance associated with the project. CDOT resolves to work with the
City in the event that mitigation is required and to work in good faith to find a solution
which is acceptable to both parties.
Key Performance Indicators for safety performance shall be per the following conditions:
• Intersection Related Total Crash Frequencies—Total intersection related
crashes (adjusted to account for regression to the mean error as per the
Highway Safety Manual) shall be compared with a predicted crash history
determined using CDOT's intersection Safety Performance Functions or
appropriate Highway Safety Manual methodologies. If the adjusted actual
crash history is at least one and one half standard deviation higher than the
predicted crash frequency, then this KPI shall be considered to be exceeded
requiring mitigation measures be put in place.
• Non intersection related Total Crash Frequencies—Due to the relatively
short distance between intersections along the project length, it is not
anticipated that there will be a high incidence of non-intersection related
crashes. However, the parties agree to monitor the overall safety of the
project area as part of the traffic study program and mitigate any anomalies or
safety issues which the parties observe, and agree, require correction.
• Binomial Probability (BP)Analysis of Crash Types—Crashes shall be
evaluated by specific type (i.e. Vehicle vs. pedestrian) as part of the regular
traffic study program in the project area. Patterns of a specific crash type
susceptible to correction, or exceeding the frequency of statewide average
levels for a specific facility and crash type shall be evaluated for cost effective
mitigation measures. As evaluation of crash type is less applicable to a single
KPI measure, the parties agree to evaluate this portion of the KPI with
additional latitude for engineering judgment and cooperative decision making
on mitigations required. Overall safety and crashes must be within the KPI
above as applicable, or mitigation measures shall be required. If no mitigation
measures are effective at improving safety to within expected levels as per this
agreement, then this KPI may be considered met and may be used to require
reevaluation of the configuration of the Jefferson Street project.
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Section 5. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, commu-
nications, and other written materials, which pertain under this contract. The Local Agency shall
maintain such records for a period of three (3) years after the date of termination of this contract,
or for such further period as may be necessary to resolve any matters which may be pending.
The Local Agency shall make such materials available for inspection at all reasonable times and
shall permit duly authorized agents and employees of the State and FHWA to inspect the project
and to inspect,review and audit the project records.
Section 6. Termination Provisions
This contract may be terminated as follows:
A. This Contract may be terminated by either party and only upon written notice thereof sent by
registered,prepaid mail and received by the non-terminating party.
Notwithstanding subparagraph A above, this contract may also be terminated as follows:
B. Termination for Convenience. 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.
C. 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.
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.
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Section 7. 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 8. 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 the Local Agency:
Long Nguyen, P.E. Dean Klingner
CDOT Resident Engineer Interim Engineering Capital
1420 2nd Street Projects Manager
Greeley, Colorado 80631 281 N. College
.(970) 350-2126 Fort Collins, Colorado 80522
(970) 221-651 l
Section 9. 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 10. 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
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 11. 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
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i
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 12. Term
The term of this Contract shall begin the date first above written and shall extend for the
useful life of the Project, unless earlier modified or terminated by written agreement of the
Parties. Upon termination, Section 3, C of this Contract shall apply.
Section 13. 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.
Section 14. 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 15. 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 16. 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 17. Modification and Amendment
A. This contract is subject to such modifications as may be required by changes in federal or
Page 12 of 15
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.
B. Either party may suggest renegotiation of the terms of this Contract, provided that the
Contract shall not be subject to renegotiation more often than annually, and that neither party
shall be required to renegotiate. If the parties agree to change the provisions of this Contract, the
renegotiated terms shall not be effective until this Contract is amended/modified accordingly in
writing. Provided, however, that the rates will be modified only if the party requesting the rate
change documents, in accord with then applicable cost accounting principles and standards
(including sections 24-107-101, et seq., C.R.S. and implementing regulations), that the requested
increase/decrease is based on and results from (and is proportionate to) an increase/decrease in
the "allowable costs" of performing the Work. Any such proposed renegotiation shall not be
effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved by the State Controller or his delegee.
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 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. Does not supersede other agreements
This Contract is not intended to supercede or affect in any way any other agreement (if
any) that is currently in effect between the State and the Local Agency for other "maintenance
services" on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the
Local Agency shall also continue to perform, at its own expense, all such activities/duties (if
any) on such State Highway rights-of-ways that the Local Agency is required by applicable law
to perform.
Page 13 of 15
Section 20. Subcontractors
The Local Agency may subcontract for any part of the performance required under this
Contract, subject to the Local Agency first obtaining approval from the State for any particular
subcontractor. The State understands that the Local Agency may intend to perform some or all
of the services required under this Contract through a subcontractor. The Local Agency agrees
not to assign rights or delegate duties under this contract [or subcontract any part of the
performance required under the contract] without the express, written consent of the State [which
shall not be unreasonably withheld]. Except as herein otherwise provided, this agreement shall
inure to the benefit of and be binding only upon the parties hereto and their respective successors
and assigns.
Section 21. TABOR Clause
All financial obligations of the Parties that are payable after the current fiscal year are
contingent upon funds for this purpose being annually approved, budgeted and otherwise made
available by the governmental body or other appropriate authority, in its discretion.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 14 of 15
ID 331000694
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
LOCAL AGENCY: STATE OF COLORADO:
JOHN W. HICKENLOOPER, GOVERNOR
City of Fort Collins. Colorado By
Legal Name of Contracting Entity Timothy J. Harris, P.E., Executive Director
Department of Transportation
2000023
CDOT Vendor Number
Signature
Mayor, City of Fort Collins, Colorado
Print Name of the Mayor of Fort Collins
APPROVED AS TO FORM:
Fort Collins City Attorney
CORPORATIONS:
(A corporate attestation is required.)
Attest(Seal) By
Fort Collins City Clerk (Place corporate seal here, if available)
Page 15 of 15
Exhibit A
Scope of Work for the Jefferson Street Corridor Project:
The Project Location-is on Jefferson Street(SH14)in Fort Collins from College Avenue
(SH287)to and including the Mountain/Lincoln Avenue Intersection.The project area may
include College Avenue mid the intersection of Jefferson Street and College Avenue but are not
anticipated at this time.
The Scope of the Project-is to reconstruct Jefferson Street from a 4-lane facility,into a 3-lane
roadway with center median,from College Avenue to Chestnut Street,and from Chestnut t Street
to Mountain/Lincoln Avenues,to 4-lanes with a center median(the preliminary design concept is
show as anattached figure to this Exhibit).
The Mountain/Lincoln Avenue and Jefferson Street intersection shall be rebuilt as a median
separated signalized intersection. Pine and Chestnut Sheets shall be convened to right-in and
right-out access only. Linden Street shall remain a full movement signalized intersection.
Other items included are,but shall not be limited to. pavements,curb and gutter,sidewalls,
utilitiesi.drainage,lighting,traffic control(including any railroad related items), landscaping and
urban design features.There will not be a striped bike lane on Jefferson Street in the project area.
The project scope shall,also include acquisition of all ROW required by the project and
completion of any traffic studies or other required actions outlined in the inter-governmental
agreement contract.
The scope of work shall include all elements included in the final design as agreed to at the
completion of the design approval process between CBOT and the City of Fort Collins.
1
Exhibit A, Page 1 of 7
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Exhibit A, Page 5 of 7
Exhibit A
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION Ol
Raglon Faer
1420 Z'Street
Greeley.CO 80631
(9701350.2103 F=(970)350Q17/ ovuraevra Tvuaraernnw
DATE: July.25,2011
TO: y Hnrtis,P.E.,Chief Engineer
4y Olson,P.E.,Region 4 Transportation Director
.FROM: Inessa Zisman,P.E.,Region 4 Traffic.and Safety Engineer
SUBJECT: SH 14,Jefferson Street,Fort Collins—lone reduction request(4-lane tog-lane)
Your concurrence to proceed with a City of.Pon Collins design and construction project to reduce
Jefferson.Street(Sit 14)from 4-lanes to 3-Imncs is respectfully requested. -
CDOT Region 4 has been partnering with the City of Fort Collins(City)on a North Front Range
MPO—CMAQ funded pmject to explore urban design options for SH 14,Jefferson Street,in
Downtown Fart Collins. This effort is focused on a diagonal four block segment of SH 14 adjacent to
"Old Town"and the"River District'and is seeking opportunities to enhance the multi-modal needs
of the area.The western end aflefPerson Street connects to US 287,College Avenue. In.addition,the
City has developed a long range plan to connect Old Town to the River District and has recently'
began construction of a three block urban design on Linden Street which is,a'crossroad in file middle
of the segment of SH 14 where we am developing alternatives.
As a result of this study,a preferred alternative has been identified that will reduce the,southeast
bound travel lanes from two lanes to a single lane for(lime blocks. Tito northwest direction will'
maintain two through lanes. Existing an street parking will be essentially eliminated in the northwest
direction;however some additional parking will be facilitated in the southeast direction. In addition,
some urban design features including center median,bulb out curbs,and landscaping is,planned(see
Attachment A;Jefferson Street Plan View). The proposed center median will provide an access
control and reduce turning movements through corridor.A roundabout is still in consideration at the '
intersection oflefferson Street and Mountain Avenue on the southern end of this project terminus.
The City hired a consultant to assist them with the alternative's development and necessary traffic and
air quality analysis to help them make informed decisions. One objective that Region Four identified
during this process is that the proposed alternative cannot reduce the future 2035.LOS of Jefferson
Street by more than one gmdc level. Results demonstrate that Jefferson Street will operate at a LOS
C in 2035-ia this area,which is one gmdc level less than the no-build allemativc. (see Attachment B:
Jefferson Street TmMe Analysis)
It is important to note that the main traffic movements on Jefferson Street arc from Mulberry St.
(SH14)—going cast and west from Jefferson Street to College Avenue(US 297)with a very
prominent north/south movement from northern Fort Collins and beyond. Currently,them is a single
left turn lane from SB College Avenue to Southeast bound Jefferson Slrect. As.part of the preferred
alternative—this lane will be lengthened,bill continue to operate at an acceptable LOS in 2035.This
single left tum,which is the highest volume approach to Jefferson Street from the west,is why a
single lane will function on the southeast bound Jefferson Street.
"Taking.Care To Get You There"
Exhibit A, Page 6 of 7
Exhibit A
Tim Harris SH_14,Jefferson Street,Ft.Collins
Johnny Olson Page Two.
Before the City proceeds with the final alternative selection and design;an Intergovernmental
Agreement(IGA)or Revocable license Agreement will be prepared and signed by both CDOT and
the City.This IGA will define thresholds in both accident and traffic data.that will require more
thorough evaluation and will ensure that CDOT has the ability to use the.entire current ROW when
future traffic demand drives a change back to a four-lane section.This IGA%Revocable License
Agreement will be coordinated with you focreview and approval.
-(concur.
Joh/y Iss PP/P..E.,Region 4 Transportation Director Date
I concur..
Timothy Harris,P.E.,CDOT Chief Engineer Date
Attachments:
A-Jefferson Street Plan view
8—Jefferson Street Traffic Analysis
cc: Brarocke,City of Fort Collins
Staff Traffic,CDOT
Olson,CDOT
Pearson,CDOT
Ham,COOT
Stewart,CDOT
File
- 4
:dL
Exhibit A, Page 7 of 7
Exhibit B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION