HomeMy WebLinkAbout2018-004-01/02/2018-AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FOR RESOLUTION 2018-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE INTERSTATE 25
IMPROVEMENTS BETWEEN STATE HIGHWAY 14 AND STATE HIGHWAY 402
WHEREAS, Interstate 25 (1-25") serves as the primary north-south highway connection
for North Colorado, including Fort Collins and is the primary route for the City's regional
connectivity to commerce, health care, education and employment; and
WHEREAS, the Colorado Department of Transportation ("CDOT") will make
improvements to I-25 in Northern Colorado beginning in 2017, with actual construction
commencing in 2018 and ending in 2020; and
WHEREAS, planned improvements to I-25 between SH-14 (Mulberry) and SH-402
(Loveland) include repair or replacement of two bridges, expansion of a third managed lane in
each direction, and slip ramps and a park and ride at Larry Kendall Parkway in Loveland (the
"North I-25 Improvements Project"); and
WHEREAS, the City has previously entered into an Intergovernmental Agreement dated
April 14, 2017, with CDOT to commit $2.25 million of local funds to support the North I-25
Improvements Project as part of the 2017-2018 budget (the "IGA") and agreed to remit an
additional $2.2 million in funds over a five-year period to accelerate the Project pursuant to
Resolution 2016-077, which authorized the Mayor to execute an Intergovernmental Agreement for
Funding I-25 Improvements with Larimer County and seven other municipalities; and
WHEREAS,the Prospect/I-25 Interchange(the"Interchange")has failing levels of service
at peak travel times and there is an opportunity for the City to partner with CDOT, the Town of
Timnath, and property owners around the Interchange (the "Property Owners") to make
improvements to the Interchange as part of the North I-25 Improvements Projects, which timing
would result in an estimated savings of$7 million in the cost of the Interchange improvements;
and
WHEREAS, CDOT has proposed an amendment to the IGA whereby the City will
contribute a total $19.25 million for the Northern I-25 Improvement Projects, including
improvements to the Interchange, and CDOT will reconstruct the existing diamond interchange at
I-25 and Prospect Road, including reconstruction of the ramps, bridge and Prospect Road (the
"Amendment"); and
WHEREAS,under the Amendment,work on improving the Interchange is expected to start
after July 1,2018 and will result in a reconstructed Prospect Road with four through lanes,a raised
median, left turn lanes, and pedestrian and bicycle facilities; and
WHEREAS, to fund the additional $17 million for the Interchange improvements under
the Amendment,the City will be entering into separate agreements with the Town of Timnath and
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Property Owners where the Town of Timnath will pay up to an estimated $2.5 million toward the
Interchange improvements,the Property Owners are anticipated to pay an estimated $7.05 million
toward the Interchange improvements after receiving credit for right-of-way dedications and credit
for transportation capital expansion fees, and the City will pay the remaining $8.1 million toward
the Interchange improvements; 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
WHEREAS, the City Council has determined that Interchange improvements and the
Amendment are necessary for the public health, safety and welfare; and
WHEREAS, the City Council has also determined that the Interchange improvements to
be funded under the Amendment serve the public purpose of expanding and facilitating 1-25 as a
critical and primary route connecting the City and its citizens to commerce, health care, education
and employment.
NOW, THEREFORE, BE IT ORDAINED 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. That the Amendment is hereby approved and the Mayor is authorized to
enter into it in substantially the form attached hereto as Exhibit"A", together 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 to effectuate the purposes of this
Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of January, A.D. 2018.
Mayor
ATTEST:
OF FORTCO
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City C k
cOCORAgO
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EXHIBIT A
OLA #: 331001577
Routing #: 17-HA4-XC-00072-M0002
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: 21506
SIGNATURE AND COVER PAGE
State Agency Amendment Routing Number
Department of Transportation, Colorado Bridge Enterprise 17-HA4-XC-00072-M0002
Contractor Original Agreement Routing Number
CITY OF FORT COLLINS 17-HA4-XC-00072
Agreement Maximum Agreement Performance Beginning Date
Amount N/A--Revenue Contract The later of the effective date or April 14, 2017
Initial Agreement expiration date
April 13, 2022
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
By:
Name of Authorized Individual
Title: Joshua Laipply, P.E. , Chief Engineer
Official Title of the Authorized Individual (For): Shailen P. Bhatt, Executive Director
By:
Signature Date :
Date :
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Colorado Bridge Enterprise
By: Jerad Esquibel, RE
(For) : Shailen P. Bhatt, Director
Date :
In accordance with §24-30-202 C.R. S. , this Contract is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: N/A
Office of the State Controller, Controller Delegate
Printed name of signatory
Date :
Pagel of 2
OLA #: 331001577
Routing #: 17-HA4-XC-00072-M0002
1) PARTIES
Amendment (the "Contract") is entered into by and between the Contractor, CITY OF FORT COLLINS (hereinafter
called "Contractor") and the State of Colorado, for the use and benefit of the Department of Transportation and
the Colorado Bridge Enterprise (hereinafter collectively called "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
A. The Parties entered into the Agreement for Local Agency making funds available for improvements to
North Interstate-25 , Project SH 402 - SH 14 (21506).
B . The Parties now desire to delete Exhibit A in its entirety. This will be replaced with Exhibit A- 1 with an
updated CITY OF FORT COLLINS not to exceed reimbursement amount.
5) MODIFICATIONS
Exhibit A — Scope of Work
Exhibit A — Scope of Work 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 2 of 2
Exhibit A- 1 - - Scope of Work
North 1 - 25
Fort Collins - $ 12M Contribution for Interchange ; $ 51VI Contribution for the urban design elements
( aesthetic/landscape enhancements ) for the interchange ( $ 17M Total Contribution )
Scope of Work
Reconstruct the existing diamond interchange at 1 - 25 and Prospect Road , including reconstruction of the
ramps, bridge, and Prospect Road . Prospect Road will be reconstructed to a configuration with four
through lanes, with a raised median , left turn lanes, and pedestrian and bicycle facilities . Work is
expected to start on the interchange after July 1, 2018 .
Urban design elements to be included in the North 1 - 25 Project are per the "CDOT Project" column in the
table below .
DESCRIPTIONITEM D • CITY/TOWN
PROJECT PROJECT
BRIDGE ENHANCEMENTS
Structural Concrete Stain on Bridge Curb, Girders, MSE Walls X
Upgraded Pedestrian Rail on Bridge X
Median & Pork Chop Island Cover Material (Color Concrete) X
Irrigation Sleeves and Pull Boxes X
GORE AREAS AND RAMPS
Earthwork/Import ( related to Landscape/Urban Design ) X
Stone Outcrops ( including design, mock ups, installation ) X
Boulders X
Cobble Swales X
Landscape Design X
Soil Conditioning X
Fine Grading X
Turf Reinforcement Mat X X
Seed X X
Boulders X
Landscaping (Trees, Shrubs, Ornamental Grasses, Perennials, Mulch, etc) X
Irrigation Design X
Irrigation Tap, Meter & Backflow X
Irrigation Sleeves X
Irrigation System X
PROSPECT ROAD
Prospect Rd . Median - Perforated Pipe Underdrain X
Prospect Rd . Median — Membrane X
Prospect Rd . Median — Rock Filter Material X
Prospect Rd . Median - Topsoil X
Prospect Rd . Median — Double Curb X
Electrical conduit for City Street Lights X
Electrical controls and service for City Street Lights X
Exhibit A- 1 -- Scope of Work (Continued)
City Street Lights/Electrical X
Landscape Design X
Soil Conditioning X
Fine Grading X
Seed X X
Turf Reinforcement Mat X X
Boulders X
Trees, Shrubs, Ornamental Grasses & Perennials, Mulch, etc X
Irrigation Design X
Irrigation Tap, Meter & Backflow X
Irrigation Sleeves X
Irrigation Sleeves X
Monument Sign - Fort Collins X
Monument Sign - Timnath X
Technical Requirements :
Design :
- CDOT shall consult with the Local Agency throughout the preparation of the Plans and submit to the
Local Agency for its review the proposed Plans prior to CDOT' s acceptance of Release for Construction
Plans . The Local Agency must provide comments on the proposed Plans within 10 calendar days after
the proposed Plans are referred to it. CDOT will require the Design Build Contractor to address all issues
identified by the Local Agency provided those issues are not in conformance with the Contract
Documents .
- The Local Agency shall waive all review fees for design .
- The Local Agency shall not require additional design reviews beyond those required by the contract .
Construction :
- The Local Agency shall waive all permit fees for street use permits .
- The Local Agency requires that Infrastructure that becomes City of Fort Collins inventory follow
inspection requirements per LCUASS Standards .
- The Local Agency requires that infrastructure within City of Fort Collins Right-of-Way be follow final
acceptance requirements per LCUASS Standards .
- CDOT shall consult with the Local Agency for its review of traffic control plans related to road closures .
- The Local Agency requires 7 calendar days of advance notification for road closures .
North Interstate-25 Phase 1 Project
Funding Table / Payment Schedule for City of Fort Collins m
Summary of Contribution by Year
Name of Local Agency / Funding Partner 2016 2017 2018 2019 2020 Total Contribution Amount
Amount Date of Payment Amount Date of Payment Amount Date of Payment Amount Date of Payment Amount Date of Payment
City of Fort Collins - Overall Project Scope $1,125,000.00 December $1,1252000.00 December $2,250,000.00 e~-r
City of Fort Collins - Prospect Interchange December $4,000,000.00 December $4,000,000.00 December $4,000,000.00 December $12,000,000.00
City of Fort Collins - Urban Design Elements December $1,666,666.67 December $1,666,666.67 December $1,666,666.66 December $5,000,000.00 t
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CITY OF FORT COLLINS - TOTAL $19,250,000.00
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