HomeMy WebLinkAbout2017-063-09/05/2017-AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE RESOLUTION 2017-063
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE
NORTH COLLEGE IMPROVEMENTS PROJECT- CANAL TO STATE HIGHWAY 1
WHEREAS, in 2012 the City was awarded federal Congestion Mitigation and Air
Quality ("CMAQ") funds by the North Front Range Metropolitan Planning Organization
("NFRMPO") to initiate a project addressing the lack of pedestrian facilities along US Highway
287 between the City limits and State Highway, also known as the North College Improvements
Project — Canal to State Highway 1, both within the City and unincorporated Lariiner County
(the "Project"); and
WHEREAS, Resolution 2015-007 and Ordinance No. 009, 2015 approved the execution
of an Intergovernmental Agreement between the City and the Colorado Department of
Transportation ("CDOT") and appropriation of$908,323 in federal and local matching funds for
the Project; and
WHEREAS, it was later determined that $908,323 was not adequate funding for the
Project; and
WHEREAS, Larimer County (the "County") subsequently applied for, and was awarded,
a federal Transportation Alternatives Program ("TAP") grant in the amount of $648,000 for
pedestrian improvements in the area within the Project, with the County providing local
matching funds of$162,000, fora total grant amount of$810,000 (the "TAP Grant"); and
WHEREAS, the City, the County and CDOT all agree that the City is best positioned to
incorporate the TAP Grant into the Project by entering into an Intergovernmental Agreement (the
"IGA") with the County where the County will transfer the $162,000 local matching funds for
the TAP Grant to the City and then the City will amend the existing Project IGA between the
City and CDOT to incorporate the TAP Grant into the Project; and
WHEREAS, after incorporating the TAP Grant, the total amount currently appropriated
for the Project is $1,718,323; 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, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such 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; and
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WHEREAS, the City Council has determined that the Project is in the best interests of the
City and that the Mayor be authorized to execute 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:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. The City Council hereby authorizes the Mayor to execute the Amendment
to the Agreement between the City and CDOT, substantially in the form attached hereto as
Exhibit "A," together with such modifications and additions as the City Manager, in consultation
with the City Attorney, determines necessary and appropriate to protect the interests of the City
or further the purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September, A.D. 2017.
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EXHIBIT A
PO 4:471000624
Routing#: 15-HA4-ZH-00121-M0006
STATE OF COLORADO AMENDMENT
Amendment#: 1 Project#:AQC M455-111 (19561)
SIGNATURE AND COVER PAGE
State Agency Amendment Routing Number
Department of Transportation 15-HA4-ZH-00121-M0006
Contractor Original Agreement Routing Number
City of Fort Collins 15-HA4-75629
Agreement Maximum Agreement Performance Beginning Date
Amount The later of the effective date or February 13,
Initial term 2015
State Fiscal Year $0.00
Extension terms
State Fiscal Year $0.00 Initial Agreement expiration date
State Fiscal Year $0.00 February 12,2020
State Fiscal Year $0.00
State Fiscal Year $0.00
Total for all state fiscal years $1,718,323.00
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.
CONTRACTOR STATE OF COLORADO
City of Fort Collins John W.Hickenlooper,Governor
Department of Transportation
Shailen P.Bhatt,Executive Director
r
By: ,
Joshua Laipply,P.E.,Chief Engineer
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:
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PO#:471000624
Routing#: 15-HA4-ZH-00121-M0006
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 Contractor 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 Contractor for any Work performed or
expense incurred under this Amendment either before or after of 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 Agreement for the design and construction of pedestrian improvements along US
287.The Parties now desire to increase the Total Budgeted Funds in Exhibit C by$810,000.00 for a new
Agreement total of$1,718,323.00.
5) MODIFICATIONS
The Agreement and all prior amendments thereto,if any,are modified as follows:Exhibit C-3.Exhibit C
to the Agreement,Exhibit C-1 to Option Letter No. 1 and Exhibit C-2 to Option Letter No.2 are removed
and replaced entirely with Exhibit C-3,hereto attached to this Amendment.All references to Exhibit C,C-
1,and Exhibit C-2 will be replaced with Exhibit C-3.Exhibit C-3 increases the Total Budgeted Funds by
$810,000.00,for a new Agreement total of$1,718,323.00.
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. k
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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30. EXHIBIT C-3- FUNDING PROVISIONS AQC M455-111 (19661)
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work which is to be funded as follows:
1 BUDGETED FUNDS
a. Federal Funds (80.00% of Participating Costs-TAP) $648,000.00
Federal Funds (82.79% of Participating Costs-AQC) $752,000.00
b. Local Agency Matching Funds (20.00% of Participating Costs) $162,000.00
Local Agency Matching Funds (17.21% of Participating Costs) $156,323.00
TOTAL BUDGETED FUNDS $1,718,323.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(0% of Participating Costs)
b. Local Share $0.00
Local Agency Share of Participating Costs $0.00
Local Agency Share of Non-Participating Costs $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1 a) $1,400,000.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
c. State Funds Budgeted (1c) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,400,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount $696,863.00
Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
Net to be encumbered as follows: $696,863.00
WBS Element 19561.10.301 Design 3020 $696,863.00
WBS Element 19561.20.10 Const 3301 $0.00
Exhibit C-3-Page 1 of 2
B. Matching Funds
The matching ratio for the federal participating funds for this Work is 80.00%federal-aid funds
(CFDA#20.205)to 20.00% Local Agency funds and 82.79% federal-aid funds to 17.21% Local
Agency funds, it being understood that such ratio applies only to the $1,718,323.00 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 $1,718,323.00, and additional federal funds are made available for the Work, the Local
Agency shall pay 20.00% (TAP) or 17.21% (AQC) 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 $1,718,323.00, 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
$1,400,000.00 (for CDOT accounting purposes, the federal funds of$1,400,000.00 and the
Local Agency matching funds of$318,323.00 will be encumbered for a total encumbrance of
$1,718,323.00), unless such amount is decreased as described in Sections B. and C. 1. of this
Exhibit C, or 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. A. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving more than $750,000 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 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.
Exhibit C-3-Page 2 of 2