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Home My WebLink About2015-057-06/02/2015-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO RECEIVE FUNDI RESOLUTION 2015-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO RECEIVE FUNDING FOR THE VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS PROJECT WHEREAS, in 2011, the City Engineer completed an arterial intersection priority study which ranked Vine Drive and Shields Street as an intersection in need of safety and operational improvements; and WHEREAS, the intersection demonstrated poor horizontal geometry, deficient or nonexistent bicycle and pedestrian facilities and higher than average vehicle accident rates as well as significant congestion; and WHEREAS, an "alternatives analysis" report was prepared by Muller Engineering which concluded that a single-lane roundabout intersection at that location will outperform a signalized intersection with respect to safety, right-of-way impacts to local businesses, and costs of operation; and WHEREAS, the single-lane roundabout intersection would also have a positive impact on short and long term air quality, would improve storm drainage facilities, would enhance landscape elements and would provide accessible crosswalks for bicycle and pedestrian users; and WHEREAS, pursuant to Resolution 2012-067 City Council has determined that a single- lane, modern roundabout is the preferred alternative for the Vine Drive and Shields Street intersection improvement; and WHEREAS, the total amount of$1,701,101 has been appropriated for the design, right- of-way acquisition, and construction of the Vine Drive and Shields Street Intersection Improvements Project (the "Project"); and WHEREAS, the City and the County have jointly established the Regional Transportation Capital Improvement Expansion Fee (the "Regional Road Impact Fee"), which for the City is set out in Chapter 7.5, Article VI, of the City Code and has as its intent and purpose to establish a fee program to assure that new development contributes a proportionate share of the costs of providing new capital improvements for the Regional Road CIP system; and WHEREAS, due to escalating construction costs, additional funds in the amount of $150,000 from the Regional Road Impact Fee have been identified by City and County staff to be used for the Project; and WHEREAS, Larimer County has agreed to make available from the Regional Road Impact Fee Program additional funding in the amount of $150,000 to cover the additional - 1 - escalating construction costs of the Project, and has presented to the City an intergovernmental agreement in support of such additional funding; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Mayor be authorized to execute the intergovernmental agreement between the City and Latimer County for the provision from the Regional Road Impact Fee Program of the sum of $150,000 to cover additional funds that are needed due to escalating construction costs of the Project, which agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 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 Latimer County for the provision of-the sum of$150,000 from the Regional Road Impact Fee Program to cover escalating construction.costs for the Project. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2015. ATTEST: G.tv,oF F.o r s� o y City Clerk ORADO••••• - 2 - EXHIBIT A INTERGOVERNMENTAL AGREEMENT FOR VINE DRIVE AND SHIELDS STREET.INTERSECTION THIS INTERGOVERNMENTAL AGREEMENT is entered into this day of , 2015, by and between Larimer County, Colorado ('County") and the City of Fort Collins, Colorado ('City"). FACTUAL BACKGROUND AND PURPOSE A. The City and County previously executed an Intergovernmental Agreement for the engineering design and construction activities related to the Vine Drive and Shields Street (LCR 17) Intersection Improvements Project, Resolution 2012=066. B. This Intergovernmental Agreement describes the responsibilities, approval authorities and process under which Larimer County is providing partial funding for engineering and construction activities related to the Vine Drive and Shields Street (LCR 17) Intersection Improvements Project. Shields Street (LCR 17) is identified as a Regional Road in the County's Functional Road Classification and a portion of the regional road fees that have been collected by the City will be allocated towards construction of roadway and intersection improvements. Since the majority of the improvement area is within the limits of the City, it is reasonable for the City to take the lead on management of the construction of the roadway and intersection improvements; similar to the prior agreement approved under Resolution 2012-066. C. The City will involve the Larimer County Engineering Department in the bidding process and construction coordination for the project. D. The previous appropriations executed in 2012 are included as Exhibit A, attached hereto and incorporated herein by this reference, and totals $1,701,101. The County and City have a mutually agreed upon contribution of an additional $150,000 to the project from the Regional Road Fee to be used for construction; as shown in Exhibit B, attached hereto and incorporated herein by this reference. AGREEMENT NOW THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Upon City Council approval of this Agreement, the County shall transfer the amount of $150,000 to the City. This transfer shall be made such that the funds are available prior to the first construction payment to the contractor. The City shall have the authority to administer and expend these funds on construction and other expenses directly related to this project. 2. The City shall maintain accurate accounts of all project expenditures that are paid from the Regional Road Fee funds provided by the County. The City will provide the County with information detailing incremental and total project expenditures and remaining balance of funds at least quarterly. The County contact for this reporting will be Rusty McDaniel, Assistant Comity Engineer. 3 The City shall notify and obtain County consent prior to authorizing any changes in scope-of-services or efforts that would cause costs to exceed the budgeted amount in Exhibit B. 4. Following completion and acceptance of the construction, the City shall return to the County the balance of any unused funds that were provided by the County for this project. 5. Both the City and County intend that this Agreement be binding upon them. Either party hereto shall be permitted to specifically enforce any provision of this Agreement in a court of competent jurisdiction and this Agreement shall constitute the entire understanding of the parties hereto with regard to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO By: Wade Troxell, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney COUNTY OF LARIMER, COLORADO By: Lew Gaiter III - Chair ATTEST: APPROVED AS TO FORM: Assistant County Attorney EXHIBIT A Vine Drive and Shields Street Intersection Improvements 2012 Appropriations Summary Funding Source Amount Federal Grant _ _ $1,054,000.00 Local Agency Match (Regional Road Fee) $219,101.00 Local Agency Overmatch (Regional Road Fee) $105,899.00 Local Agency Overmatch (Building on Basics) $322,101.00 2012 TOTAL FUNDS: $1,701,101.00 EXHIBIT B Vine Drive and Shields Street Intersection Improvements 2015 Revised Budget Funding Source Amount Federal Grant __ $1,054,000.00 oc Lalge Ancy Match (Regional Road Fee) __ 1219,101.01 Local Agency Overmatch (Regional Road Fee)_ - $105,899.00 Local Agency Overmatch (Building on Basics) $322,101.00 Local Agency Overmatch (Regional Road Fee) $150,000.00 Local Agency Overmatch (Building on Basics) — _ $150,000.00 TOTAL AVAILABLE FUNDS: I $2,001,101.00 ** Indicates Items that are being added to the Project Budget