HomeMy WebLinkAbout2017-050-06/06/2017-AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE RESOLUTION 2017-050
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 CONSTRUCTION
OF THE MULBERRY STREET BRIDGE ACROSS THE POUDRE RIVER
WHEREAS, Resolution 2015-096 approved the execution of an intergovernmental
agreement between the City and the Colorado Department of Transportation ("CDOT")
regarding CDOT's construction of the bridge, roadway, and urban design improvements crossing
the Poudre River (collectively the "Project") and located on Mulberry Street, also known as State
Highway 14, between Riverside Avenue and Lemay Avenue where the City and CDOT agreed
to certain urban design, landscaping, and pedestrian facility enhancements (collectively the
"Enhancements") to the Project to be paid for by the City (the "Agreement"); and
WHEREAS, the Agreement estimated the City's total financial contribution to CDOT for
the Enhancements to be $1,210,000; and
WHEREAS, associated with the Enhancements, the City agreed to relocate an existing
security gate at the Mulberry Water Reclamation Facility and existing City traffic fiber lines
shown to be in conflict with planned bridge improvements and CDOT agreed to apply an
estimated credit of$100,000 against the estimated $1,210,000 for such relocation (the "Credit");
and
WHEREAS, Resolution 2015-096 estimated the City's financial contribution to the
Enhancements, after applying the Credit, to be $1,110,000; and
WHEREAS, the actual CDOT construction costs for the Enhancements, excluding the
Credit, was $1,155,885.26; and
WHEREAS, the actual Credit amount was $83,044, which amount CDOT paid directly to
the City, will be appropriated into the Wastewater Fund by separate Ordinance; and
WHEREAS, the City Council desires to execute an amendment to the Agreement to
replace the estimated costs of the Enhancements, including the Credit, with the actual costs of
the Enhancements, excluding the Credit, and further authorizing staff to reimburse CDOT
consistent with the Agreement, and the amendment thereto (the "Amendment").
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
-1-
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 6th
day of June, A.D. 2017.
AAoFnar eo``
Mayor
ATTEST: SEAL y
City Clerk
-2-
EXHIBIT A
OLA#: 331001397
Routing#: 15-HA4-XC-00136-M0001
1
STATE OF COLORADO AMENDMENT
Amendment#: 1 Project#: 18085
SIGNATURE AND COVER PAGE
State Agency Amendment Routing Number
Department of Transportation 15-HA4-XC-00136-M0001
Contractor Original Agreement Routing Number
CITY OF FORT COLLINS 15-HA4-XC-00136
Agreement Maximum Agreement Performance Beginning Date
Amount The later of the effective date or November 17,
Initial term 2015
State Fiscal Year $0.00
Extension terms
State Fiscal Year $0.00 Initial Agreement expiration date
State Fiscal Year $0.00 Completion and final acceptance of the Project
State Fiscal Year $0.00 by the State, FHWA and the Local Agency.
State Fiscal Year $0.00
Total for all state fiscal years 1 $0.00
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
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: N/A
Department of Transportation
Effective Date:
Pagel of 3
U
OLA#: 331001397
Routing#: 15-HA4-XC-00136-M0001
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 §3.13 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
A.The Parties entered into the Agreement for replacing a structurally deficient bridge on State Highway 14
(Mulberry Street)over the Poudre River in Fort Collins as part of the Colorado Bridge Enterprise(CBE).
B.The Parties now desire to delete and replace Section 4. and Section 5. in Exhibit A in their entirety. This
will update Local Agency,Total Funds,and not to exceed amounts.
C. The Parties now desire to delete Exhibit A in its entirety. This will be replaced with Exhibit A-1 with an
updated Fort Collins not to exceed reimbursement amount.
5) MODIFICATIONS
Section 4. Project Funding Provisions
Section 4. is removed and replaced in its entirety with:
A. The Local Agency has estimated the total cost of the work and is prepared to provide the funding for the
work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency,which expressly authorizes the Local Agency to enter into this contract
and to expend its funds for the project. A copy of this ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B. The Local Agency has estimated the total cost of the Work to be$1,155,885.26,which is to be funded as
follows:
a. Local Agency Funds $1,155,885.26
b. State Funds $ 0.00
Total Funds: $1,155,885.26
C. The maximum amount payable by the Local Agency under this contract shall be$1,155,885.26,unless
such amount is increased by an appropriate written modification to this contract executed before any increased
cost is incurred.
D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein
being made available from state sources,as applicable. Should these sources fail to provide necessary funds as
agreed upon herein,the contract may be terminated by either party,provided that any party terminating its
interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date
of such termination or which may occur as a result of such termination.
Section 5. Project Payment Provisions
Section 5. is removed and replaced in its entirety with:
A.The State shall submit invoices to the City as a lump sum cost. Invoices shall be in proportion to the work
completed. The$1,155,885.26 is a not to exceed value.
Page 2 of 3
\1 OLA#: 331001397
Routing#: 15-HA4-XC-00136-M0001
B.If the Local Agency is to be billed for CDOT incurred costs,the billing procedure shall be as follows:
1. Upon receipt of each bill from the State,the Local Agency will remit to the State the amount billed no
later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State
within 60 days of demand or within such other period as may be agreed between the parties hereto,the
Local Agency agrees that,at the request of the State,the State Treasurer may withhold an equal amount
from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such
funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State
Highway Supplementary Fund(400).
2. If the Local Agency fails to make timely payment to the State as required by this section(within 60 days
after the date of each bill),the Local Agency shall pay interest to the State at a rate of one percent per
month on the amount of the payment which was not made in a timely manner,until the billing is paid in
full. The interest shall accrue for the period from the required payment date to the date on which payment
is made.
C. The State will prepare and submit to the Local Agency,no more than monthly,charges for costs incurred
relative to the project.The State's invoices shall include a description of the amounts of services performed,the
dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared
in accordance with the State's standard policies,procedures and standardized billing format.
J
Exhibit A-1
Exhibit A-1 contains the Scope of Work. Exhibit A is removed and replaced in its entirety with Exhibit A-1
attached hereto and incorporated herein by reference. Upon execution of this Amendment,all references in the
Agreement to Exhibit A will be replaced with Exhibit A-1.
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
Page 3 of 3
1
Exhibit A-1
SCOPE OF WORK
The Colorado Department of Transportation is replacing a structurally deficient bridge on State
Highway 14 (Mulberry Street), over the Poudre River, in Fort Collins as part of the Colorado,
i
Bridge Enterprise (CBE). The existing bridge, originally built in 1949, will be replaced with a
wider bridge to meet current standards, accommodate bicycle lanes and provide sidewalks for
pedestrians. The project began construction in September of 2014 and was accepted for
completion on February 18, 2016. The total cost of the construction phase is approximately
$9.6 million, with funds in part coming from the Colorado Bridge Enterprise (CBE). In
partnership with CDOT, the City of Fort Collins has committed funding for the project in order
to make contributions for urban design, landscaping, and pedestrian facility enhancements.
CDOT and the City of Fort Collins have determined that the total costs of the City's contributions
to the project will be an amount not to exceed $1,155,885.26, unless such amount is increased
by an appropriate written modification to the contract.
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EXHIBIT A-1 (Continued)
City of Fort Collins- Mulberry Bridge Improvements Funding Responsibilities
Date 24-Mar-17
Project# 18085
Unit Actual Actual
Item# Item Description Unit Price $ Qty Cost$
504-08255 Masonry Lan dsca a Wall (Dry Stack SF $32.00 1,992.00 $63,744.00
509-00010 Structural Steel (Special) LB $5.90 3,600.00 $21,240.00
514-00201 Pedestrian Railing Steel S pecial LF $195.00 733.00 $142,935.00
601-03040 Concrete Class D Bride CY $393.64 80.00 $31,491.20
601-40005 Cut Stone Veneer SF $54.00 1,772.00 $95,688.00
601-40210 Concrete Finish (Special) SF $30.00 587.00 $17,610.00
601-40400 Structural Concrete Stain SY $8.00 1,252.00 $10,016.00
602-00020 Reinforcing Steel (Epoxy Coated LB $0.87 8,183.00 $7,119.21
606-11032 Bridge Rail Type 10M (Special) LF $140.00 769.00 $107,660.00
613-00075 3/4 Inch Electrical Conduit LF $12.00 0.00 $0.00
613-00100 1 Inch Electrical Conduit LF $30.00 0.00 $0.00
613-00200 2 Inch Electrical Conduit LF $20.00 0.00 $0.00
613-00400 4 Inch Electrical Conduit LF $8.60 424.00 $3,646.40
613-01075 3/4 Inch Electrical Conduit Plastic LF $4.30 333.00 $1,431.90
613-01100 1 Inch Electrical Conduit Plastic LF $5.40 54.00 $291.60
613-01200 2 Inch Electrical Conduit Plastic LF $6.50 3,892.00 $25,298.00
613-01300 3 Inch Electrical Conduit Plastic LF $8.60 996.00 $8,565.60
613-07000 Pull Box (Special) EACH $190.00 34.00 $6,460.00
613-07075 3/4 Inch Electrical Conduit Body (Type LB EACH $160.00 0.00 $0.00
613-07200 2 Inch Electrical Body (Type LB EACH $160.00 0.00 $0.00
613-10000 Wiring L S $14,800.00 1.00 $14,800.00
613-15200 Recessed Light(Special) EACH $1,170.00 44.00 $51,480.00
613-40000 Concrete Foundation Pad EACH $650.00 1.00 $650.00
613-50100 Lighting Control Center EACH $9,060.00 1.00 $9,060.00
613-50355 Power Transformer EACH $1,290.00 4.00 $5,160.00
700-70010 F/A Minor Contract Revisions F A $1.00 0.00 $0.00
700-70011 F/A Partnering F A $1.00 0.00 $0.00
700-70021 F/A On-The-Job Trainee HOUR $1.00 0.00 $0.00
700-70380 F/A Erosion Control F A $1.00 0.00 $0,00
514-00200 Pedestrian Railing Steel LF $110.00 359.00 $39,490.00
606-11032 Bridge Rail Type 10M (Special) LF $140.00 359.00 $50,260.00
206-00000 Structure Excavation CY $7.00 453.00 $3,171.00
206-00100 Structure Backfill Class 1 CY $29.61 932.00 $27,596.52
206-00360 Mechanical Reinforcement of Soil CY $12.00 489.00 $5,868.00
420-00000 Geomembrane SY $10.00 342.00 $3,420.00
504-04420 Precast Panel Facing SF $48.00 1,623.00 $77,904.00
514-00201 Pedestrian Railing Steel S pecial LF $195.00 137.00 $26,715.00
601-03050 Concrete Class D Wall CY $548.27 22.90 $12,555.38
601-40400 Structural Concrete Stain ISY $8.00 241.001 $1,928.00
602-00020 Reinforcing Steel (Epoxy Coated LB 1 $0.871 2,383.001 $2,073.21
Project#18085 Credits
607-53142 Fence Chain Link 42 inch LF $28.00 594.00 -$16,632.00
607-53160 Fence Chain Link 60 inch LF $90.00 840.00 -$75,600.00 .
606-11030 Bridge Rail Type 10M LF $119.00 819.00 -$97,461.00
607-53160 Fence Chain Link 60 inch LF $90.00 359.00 -$32,310.00
606-00301 Guardrail Type 3 6-3 Post Spacing) LF $140.00 359.00 -$50,260.00
CDOT MSE Wing Wall Credit LS $24,000.00 1.00 -$24,000.00
610-00020 1 Median Cover Material Patterned Concrete SF 1 $6.501 12,437.00 -$80,840.50
16 Ped Bridge Splice Plates cut in half ILS 1 $4,485.00 1.00 -$4,485.00
Exhibit A-i, Page 2 of 3 Project#18085Construction Total = $493,739.52
EXHIBITA-1 (Continued)
Project# 19779
Unit Actual Actual
Item# Item Description Unit Price$ Qty Cost$
203-00060 Embankment Material (Complete In Place CY $19.92 3,260.00 $64,939.20
207-00405 Topsoil S ecial CY $22.00 965.00 $21,230.00
504-08255 Masonry Landscape Wall (Dry Stack SF $32.00 0.00 $0.00
605-00040 4 Inch Perforated Pipe Underdrain LF $24.00 954.00 $22,896.00
605-84000 Subsurface Drain Outlet LF $20.00 142.00 $2,840.00
608-00006 Concrete Sidewalk 6 Inch SY $49.00 878.00 $43,022.00
608-00012 Curb Ram (Special) SY $74.00 45.00 $3,330.00
608-00015 Detectable Warnings SF $40.00 45.00 $1,800.00
623-09900 Sprinkler System L S $18,000.00 1.00 $18,000.00
700-70010 F/A Minor Contract Revisions F A $1.00 0.00 $0.00
700-70011 F/A Partnering F A $1.00 0.00 $0.00
700-70021 F/A On-The-Job Trainee HOUR $1.00 0.00 $0.00
700-70380 F/A Erosion Control F A $1.00 0.00 $0.00
609-21010 C and G Ty 2 I-B/Added by City of Ft Collins LF $15.00 1,602.00 $24,030.00
420-00102 Geotextile Er Cont CL 1 SY $3.25 0.00 $0.00
700-70021 F/A On-The-Job Trainee HOUR $2.00 176.00 $352.00
206-00000 Structure Excavation CY $7.00 712.00 $4,984.00
206-00100 Structure Backfill Class 1 CY $29.61 1,086.00 $32,156.46
601-03050 Concrete Class D Wall CY $548.27 274.00 $150,225.98
602-000201 Reinforcing Steel (Epoxy Coated LB $0.87 25,330.00 $22,037.10
607-531361 Fence Chain Link(36 Inch) LF $70.00 483.00 $33,810.00
Project#19779 Construction Total = $445,652.74
Project Summary
Project#18085
Total Construction Cost $493,739.52
Construction Engineering and Indirect Costs 23.9% $118,003.75
Total Cost $611,743.27
Project#18085
Total Construction Cost $445,652.74
Construction Engineering and Indirect Costs 22.1% $98,489.26
Total Cost $544,142.00
Grand Total $1,155,885.26
Exhibit A-1, Page 3 of 3