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.
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