Loading...
HomeMy WebLinkAbout2023-079-09/05/2023-AMENDING THE EXISTING INTERGOVERNMENTAL AGREEMENT BETWEENRESOLUTION 2023-079 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF THE US 287 AND TROUTMAN TRAFFIC SIGNAL TO EXTEND THE AGREEMENT’S EXPIRATION DATE WHEREAS,the Colorado Department of Transportation (“CDOT”)completed an Intersection Prioritization study on its highway system in the region and identified necessary improvements to the intersection of College Avenue and Troutman Parkway (the “Intersection”); and WhEREAS,the recommended Intersection improvements from the study consist of new signal poles with longer mast arms,upgrades to aging conduit,the addition of flashing yellow arrows,replacing the signal cabinet,adding audible pedestrian signals,and improving pedestrian accessibility (the “Project”);and WHEREAS,CDOT identified funding to complete the improvements and,pursuant to an Intergovernmental Agreement (“IGA”)approved by the City Council and executed in August of 2018,the City agreed to construct the Project,with CDOT fully reimbursing the City for the costs of construction of the Project up to $250,000;and WHEREAS,the IGA is set to expire on September 11,2023 and,although the majority of the work under the IGA is complete,some work on the Project still remains;and WHEREAS,CDOT has proposed an Amendment to the Intergovernmental Agreement (“Amendment #1”),attached as Exhibit “A”and incorporated by reference,which extends the expiration date of the IGA to September 11,2025,to allow completion of the Project;and WHEREAS,Colorado Revised Statutes Section 29-1-203 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,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,the City Council has determined that the Amendment to the IGA is in the best interests of the City and provides the public benefit of upgrading traffic signals within the City and that the Mayor be authorized to execute the Amendment to 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 malces and adopts the determinations and findings contained in the recitals set forth above. Section 2.That City Council authorizes the Mayor to execute,on behalf of the City, Amendment #1 to the Intergovernmental Agreement with the Colorado Department of Transportation,in substantially the form attached hereto as Exhibit “A,”together with such additional or modified 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 effectuate the purposes of this Resolution. Section 3.That the City Council hereby authorizes the City Manager to approve and execute future amendments to the IGA that the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to facilitate completion of the Project,so long as such amendments do not increase the cost of the Project,substantially modify the purposes of the IGA,increase the allocation or amount of funding for the Project funded by the City,or otherwise increase the obligations and responsibilities of the City as set forth in the IGA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of September,2023. yor ATTEST: City Clerk EXHIBIT A TO RESOLUTION 2023-079 STATE OF COLORADO AMENDMENT Amendment #:1 Project #:ESA M455-126 (22461) SIGNATURE AND COVER PAGE State Agency Amendment Routing Number Department of Transportation ~9-HA4-XC-0001 1-M0001 Local Agency Original Agreement Routing Number City of Fort Collins 19-HA4-XC-0001 1 Agreement Maximum Amount $250,000.00 Agreement Performance Beginning Date September 12,2018 Initial Agreement Expiration Date September 11,2023 New Agreement Expiration Date September_11,_2025 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. STATE OF COLORADO Jared S.Polis,Governor Department of Transportation Shoshana M.Lew,Executive Director Keith Stefanik,P.E.,Chief Engineer Date: LOCAL AGENCY ADDITIONAL LOCAL AGENCY SIGNATURES City of Fort Collins Signature Signature By:(Print Name and Title) Date: By:(Print Name and Title)ATTEST: Date:Signature By:(Print Name and Title) 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 dele2ate. STATE CONTROLLER Robert Jaros,CPA,MBA,JD By: Department of Transportation Effective Date:_________________________ EXHIBIT A TO RESOLUTION 2023-079 I)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 Local Agency 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 the Local Agency for any Work performed or expense incuned under this Amendment either before or after 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 Original Agreement for the US 287 and Troutman Intersection Project in Fort Collins,Colorado.The Parties now desire to extend the Agreement expiration date. 5)MODIFICATIONS This Amendment will extend the Agreement Expiration Date by two (2)years,from the Initial Agreement Expiration Date of September 11,2023 to a New Agreement Expiration Date of September 11,2025. 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 fill 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