To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Daniel Sailer, P.E., Director of Public Works
Andrew Focht, Project Manager
Title
Resolution Approving an Intergovernmental Agreement with the Colorado Department of Transportation for Construction of the Fifth Street Improvements Project [Gilbert Street to Ridge Road]
Body
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Executive Summary
Staff is seeking Town Council approval of a Resolution (Attachment A) approving an Intergovernmental Agreement (IGA) (Exhibit 1) with the Colorado Department of Transportation (CDOT) for the Construction of the Fifth Street Improvements project (Project).
Fifth Street is a major arterial connecting local and regional travel between the easterly portions of Town and I-25. Roadway and pedestrian improvements for Fifth Street have been identified within the 2017 Transportation Master Plan (TMP) that will maintain adequate capacity, enhance multimodal travel experiences, improve safety, and ensure efficient road network connections for future development. The improvements will include additional vehicle travel lanes, intersection improvements, bike lanes, and sidewalk(s) along the corridor.
The Project was selected by the Denver Regional Council of Governments (DRCOG) to be awarded 3.5 million dollars of federal funding for construction. In order for the Town to utilize the federal grant funding an IGA outlining the terms and conditions of its use must be executed.
While the IGA is for construction funding only, it generally impacts four phases of the Project; financial, Right-of-Way acquisition, design and construction. While the requirements of the IGA add cost and time to the project, staff have determined that the IGA provides a significant net benefit to the project. Furthermore, careful consideration of the IGA’s terms and conditions have been made throughout the process of planning the Project thus far.
History of Past Town Council, Boards & Commissions, or Other Discussions
This project has been presented and adopted by Town Council in various forms within the last five years. First within the 2017 Transportation Master Plan (TMP) Town staff identified the need for additional lanes, new pedestrian facilities, and intersection improvements. This plan was approved and adopted by Town Council in 2017. The last discussion surrounding the proposed project with Town Council was in 2020 during approval of the “2021 Operating and Capital Improvement Budget”. Within this document the Fifth Street Improvements project was presented on a programming level to set aside $1.5 Million in 2021 to begin design of the needed improvements.
Additionally, Town Council unanimously approved a resolution for a service agreement with Stanley Consultants, Inc. (designer) June 15th, 2021. Within this service agreement, provisions for meeting the IGA’s requirements were included.
In February 2018, the Town applied for a 2020-2023 Transportation Improvement Program (TIP) grant, however the project was not selected and put on a wait list. In February of 2021 the Town was informed by DRCOG that the Project may be selected off the wait list to receive funds that had become available since the February 2018 application date. The Town then proceeded to coordinate with DRCOG to ensure the project was officially offered the grant for construction.
Discussion
The IGA approval would enable the Town to apply for reimbursement for 3.5 million dollars of construction costs for the Project. The terms and conditions of the IGA include requirements for Right-of-Way acquisition, design and construction that are more stringent than would normally be planned for in the course of most Town projects.
Impacts to the project resulting from approval of the IGA can be summarized and have been addressed in planning as follows:
Right-of-Way Acquisition - All right-of-way (ROW) needed in connection with the project must be acquired in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (commonly called the Uniform Act). Considerations for this requirement have been made within the project delivery and design schedule (extended acquisition timeframes), as well as having CDOT qualified ROW acquisition individuals assigned to the project team.
Design - CDOT and the Federal Highway Administration (FHWA) are required to review and approve portions of the project design in order to meet the requirements of the IGA. Both agencies must approve/concur with the environmental processes conducted in relation to the project. To achieve these approvals, the Town has scoped robust environmental permitting and clearance activities within the design service agreement with Stanley Consultants, Inc. Additionally the IGA will require the use of CDOT forms, reports and processes that require greater engineering effort/cost. The current design contract contains provisions for these requirements.
Construction - To meet the requirements of the IGA, construction must be in compliance with CDOT procedures/processes. CDOT’s procedures for construction differ from Town standards in regards to construction management, project documentation, material requirements/testing, Davis-Bacon wages and other items. Considerations for these requirements have been made within the planning of the project thus far, and will continue to be developed as the project progresses to construction.
While all these project elements are impacted by the IGA, the grant is funding construction only.
Budget Impact
The IGA enables the Town to apply for reimbursement of 3.5 million dollars of construction costs. A condition of the reimbursement is that the Town (Local Agency) provide a minimum of 50% matching funds for construction.
For construction related to the IGA work, construction costs are programmed (estimated) to exceed 7 million dollars, thus the Town will meet the minimum funding match required by the grant.
Additionally, the Town Legal and Finance department have reviewed and approved the IGA.
Staff Recommendation
Staff recommends Town Council approve the Resolution as introduced by title.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Attachments
Attachment A: Resolution
Exhibit 1: IGA