HomeMy WebLinkAbout2005-060-06/07/2005-AUTHORIZING MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANS RESOLUTION 2005-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
TO TRANSFER THE ADMINISTRATIVE CONTROL, MAINTENANCE AND
OWNERSHIP OF HARMONY ROAD (STATE HIGHWAY 68) BETWEEN
COLLEGE AVENUE AND I-25 FROM THE COLORADO DEPARTMENT
OF TRANSPORTATION TO THE CITY OF FORT COLLINS
WHEREAS,the Colorado Department of Transportation("CDOT")and the City have been
negotiating the possible transfer of ownership of State Highway 68 (Harmony Road from Interstate
Highway 25 to College Avenue) from CDOT to the City because this 4.5 mile section of State
highway is developing into an urban arterial street; and
WHEREAS,transfer of ownership of State Highway 68 to the City would give the City full
control of the future design,construction and maintenance of Harmony Road and would obviate the
need for the City to seek"A-Line"access approval from CDOT and would afford the City the ability
to modify the Harmony Road Access Control Plan without CDOT involvement; and
WHEREAS, CDOT has assembled funds in the amount of$13,700,000 to pay to the City
as compensation for the City's taking ownership and maintenance responsibilities for the transferred
roadway; and
WHEREAS,Section 43-2-106 C.R.S. authorizes the Colorado Transportation Commission
to abandon state highways in accordance with the procedures established therein; and
WHEREAS, on March 17, 2005, the Colorado Transportation Commission adopted
Resolution Number TC-1333, which resolution was certified by the Transportation Commission
Secretary on April 12, 2005, whereby the Transportation Commission resolved to abandon that
portion of State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468; and
WHEREAS, CDOT has prepared an intergovernmental agreement for execution between
CDOT and the City for the purpose of setting out the understanding between CDOT and the City
pertaining to the transfer of ownership and maintenance of Harmony Road,which intergovernmental
agreement is attached hereto as Exhibit "A"; and
WHERES, the City Council has determined that it is in the best interest of the City that the
Mayor be authorized to execute the intergovernmental agreement on behalf of the City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the intergovernmental agreement attached
hereto as Exhibit "A" including such additional terms and conditions as the City Manager, in
consultation with the City Attorney,determines to be necessary or appropriate to protect the interests
of the City for the purpose of transferring ownership and maintenance responsibilities for State
Highway 68 (Harmony Road) from the Colorado Department of Transportation to the City upon
payment of the sum of THIRTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS
($13,700,000) by the Colorado Department of Transportation to the City.
Passed and adopted at a regular meeting of the Cit o ncil held this 7th day f June, A.D.
2005.
Mayo '
AT EST:
City Clerk
EXHIBIT "A"
Agreement No.
Region 4 —Fort Collins
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), made this
day of , 2005, by and between the STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION, whose address is 4201 East Arkansas Avenue,
Denver, CO 80222, hereinafter referred to as "the State" or"CDOT", and the CITY OF FORT
COLLINS, whose address is 300 La Porte Avenue, Fort Collins, CO 80521 , hereinafter referred
to as the "City" or"Fort Collins".
WHEREAS, authority exists in the law and funds have been budgeted, appropriated and
otherwise made available, and a sufficient unencumbered balance thereof remains available for
payment under Project C 068A-008, Project Code 15084, in Fund Number 400, Organization
Number 9991, Appropriation Code 010, Program 2000, Function 1344, Object 5410 2N,
Originating Unit 4310, Contract Encumbrance Amount $13,700,000.00; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, by correspondence dated February 23, 2005 Fort Collins indicated to the
State its interest in taking possession of that portion of State Highway 68 which lies within its
jurisdiction, as described on Exhibit A which is attached hereto, hereinafter SH 68; and
WHEREAS, CDOT by its Region 4 Transportation Director has agreed to allow the City
to accept SH 68 which would be abandoned through an action of the Transportation Commission
of Colorado; and
WHEREAS, at their meeting on March 17, 2005 the Transportation Commission of
Colorado, adopted Resolution TC- 1333, which is attached hereto (Exhibit B) and incorporated
herein by this reference; and
WHEREAS, pursuant to Resolution TC-1333, the Transportation Commission authorized
abandonment of State Highway 68 as described in Exhibit A above which lies within the
corporate limits of the City of Fort Collins, subject to the terms and conditions contained herein;
and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the
provisions of Sections 29-1-203, 43-1-106, 43-1-114, 43-1-202.7, 43-2-101, 43-2-106, and
43-2-144, C.R.S., as amended and pursuant to the attached resolution from the City of Fort
Collins (Exhibit C); and
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WHEREAS, the State has agreed to provide the total sum of$ 13,700,000.00 to the City for
the purpose of future repair and maintenance of SH 68; and
WHEREAS, the Parties desire to enter into this Agreement and agree upon the conditions
of the abandonment of SH 68 by the State and acceptance by Fort Collins of SH 68 right of way
pursuant to the terms and conditions of this Agreement; and
NOW, THEREFORE, it is hereby agreed as follows:
I. DEFINITIONS
The definitions of the following terms shall be used for interpretation when referenced in this
Agreement:
A. Administrative Control shall be understood to mean sole responsibility for the following
activities that are normally associated with the ownership responsibility for a roadway; access
control including approvals and/or denials, development review related to roadway impacts,
police protection over the roadway, utility review and coordination, and any and all future
roadway improvement design and construction not identified in this agreement.
B. Maintenance shall be understood to mean sole responsibility for cleaning, repair and
replacement of any or all of a roadway, in conformance with all standards and requirements that
are applicable when the maintenance is performed.
C. Ownership shall be understood to mean legal ownership in the relevant roadway and right-
of-way, and the responsibility thereof. The transfer of ownership of the relevant roadways and
rights-of-way described in this Agreement shall be accomplished at a later date(s) by the parties'
execution of separate agreements and other required documents and by their taking all other
necessary steps, including Transportation Commission Resolutions and City Council Resolutions
or Ordinances, to legally abandon and transfer ownership of roadway and right-of-way from the
State to the City. Once ownership of a roadway has been effectively transferred to a party, all
administrative control and maintenance of the roadway will be the sole responsibility of the new
owner party, subject to the division of maintenance responsibilities under section 43-2-135,
C.R.S. which shall remain applicable, and any previous delegation of administrative control
and/or maintenance over that roadway to the contrary shall automatically terminate. Easements
will be described and granted, by appropriate instruments and procedures, to maintain ownership
of special facilities such as telecommunications or public utilities.
IL PURPOSE OF AGREEMENT AND GENERAL PROVISIONS
This Agreement establishes the general provisions for and defines certain responsibilities
regarding the State's abandonment and Fort Collins's acceptance of a portion of State Highway
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68 (Harmony Road) in Latimer County, Colorado, and to transfer CDOT's administrative
control, maintenance, and ownership to the City.
A. By Resolution TC- 1333 dated March 17, 2005, a copy of which is attached hereto and made
a part hereof as Exhibit B, the State has provided notice of State's abandonment of the SH 68
right of way within Fort Collins as more fully described above.
B. Fort Collins has adopted Resolution Number 2005-060 on June 7, 2005, a copy of which is
attached hereto and made a part hereof as Exhibit C, whereby SH 68 within Fort Collins, is
authorized to become part of the City's street system, and the sole responsibility for SH 68 shall
be transferred from the State to Fort Collins following full execution of this Agreement and
compliance with the recordation requirements of Section 43-1-202.7 C.R.S. and the passage of
the Ordinance required pursuant to Section 43-2-106(1) C.R.S.
C. Fort Collins will cause the abandoned portion of SH 68 highway to remain open as a City
street.
D. Transferring of administrative control, maintenance and ownership shall occur in accordance
with the terms and conditions of this Agreement and Colorado law.
E. This Agreement is intended as the complete integration of all understandings between the
parties. No prior contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein by writing and signed by both parties. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force
or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
F. This Agreement shall inure to the benefit of and be binding upon the parties, their successors
and assigns.
G. The covenants with regard to maintenance of the existing roadway under this contract shall
remain in effect in perpetuity or until such time as the City is, by law or otherwise, relieved of
such responsibility. CDOT shall retain roadway maintenance responsibilities for that portion of
Harmony Road from the west right-of-way line of the I-25 frontage road located on the west side
of I-25 and extending east over I-25, including maintenance responsibility for the traffic signal at
the intersection of the west I-25 frontage road and Harmony Road.
H. To the extent that this Agreement may be executed and performance of the obligations of the
parties may be accomplished within the intent of the Agreement, the terms of this Agreement are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof. The waiver of any breach of a term hereof shall be construed as a waiver of any other
term, or the same term upon subsequent breach.
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I. It is expressly understood and agreed that the City shall not in any respect be deemed an agent
of CDOT.
J. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
City and CDOT, and nothing contained in this Agreement shall give or allow any such claim or
right of action by any other or third person on such Agreement. It is the express intention of the
City and CDOT that any person other than the City or CDOT receiving services or benefits under
this Agreement shall be deemed to be incidental beneficiary only.
K. The City represents and warrants that it has taken all actions that are necessary or that are
required by its procedures, bylaws, or applicable law to legally authorize the undersigned
signatory to execute this contract on behalf of the City and to bind the City to its terms.
L. For purposes of the Special Provisions, Fort Collins shall be deemed to be the Contractor.
M. Financial obligations of the Parties payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available.
III. FUNDING PROVISIONS FOR THE PROJECT
A. This Agreement is subject to prioritization of statewide strategic projects, and budgeting of
projects.
B. CDOT agrees to pay the City a one time payment of$ 13,700,000.00 for the City to assume
Administrative Control, Maintenance and Ownership of SH 68 (Harmony Road) upon execution
of this Agreement. Said payment is made upon the condition that the City adopt an Ordinance
accepting ownership and maintenance responsibilities for SH-68 as provided in Section 43-2-
106(1) C.R.S.
C. CDOT shall not be liable to pay for any costs for work exceeding $13,700,000.00.
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(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the Slate of Colorado or such assistant as he
may designate.
2. FUND AVAILABILITY.CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION
To the extent authorized by law,the contractor shall indemnity,save,and hold harmless the State against any and all claims,damages,
liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the Contractor,or its
employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,
benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 at seq.or the
Federal Tort Claims Act,28 U.S.C.2671 at seq.as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE.NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE
DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS
CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND
THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS
OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair
employment practioes.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,
and enforcement of this contract.Any provision of this contract,whether or not incorporated herein by reference,which provides for
arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered
null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be"lid or enforceable or available in any action at law whether by way of complaint, defense,or
otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the
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extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,
and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No Stale or other public funds payable under this Contract shall be used for the acquisition,operation,or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions.The Contractor hereby certifies that,for the term
of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of
public funds.If the State determines that the Contractor is in violation of this paragraph,the State may exercise any remedy available at
law or equity or under this Contract,including,without limitation,immediate termination of the Contract and any remedy consistent with
United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST.CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever
in the service or property described herein.
Effective Dale:April 1,2004
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
CITY OF FORT COLLINS BILL OWENS, GOVERNOR
By
City of Fort Collins Executive Director
By: Douglas P. Hutchinson,Mayor Department of Transportation
ATTEST:
Social Security Number or FEIN
Chief Clerk
Attest(Seal) By APPROVED:
City Clerk
Attorney General's Office
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin
performance until the contract is signed and dated below. If performance begins prior to the date below,the State of
Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
LESLIE M. SHENEFELT
By:
Date:
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TRANSPORTATION COMMISSION OF COLORADO
MARCH 17, 2005
Resolution Number TC-1333
WHEREAS, State Highway 68 (Harmony Road) is part of the State Highway System;
and
WHEREAS, UNDER Section 43-2-102, Colorado Revised Statutes (C.R.S.), the
Colorado Department of Transportation (CDOT) has the responsibility to maintain
State Highway 68 (Harmony Road) and the Transportation Commission of Colorado
has the responsibility, under Section 43-1-106, C.R.S. to formulate the general policy
with respect to such maintenance; and
WHEREAS, the Transportation Commission also has the authority, under Section 43-
2-106, C.R.S., to abandon that portion of State Highway 68 (Harmony Road) from Mile
Post 0.00 to Mile Post 4.468 (Exhibit A), which is no longer needed as a State
Highway; and
WHEREAS, the Transportation Commission received from the City of Fort Collins
resolution accepting the abandoned portion of State Highway 68 as part of the City's
street system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action provided the City
accepts the abandoned road as part of the City's street system; and WHEREAS,
CDOT has agreed to make a one-time payment of approximately $13.70 million to the
City of Fort Collins as its share of upgrading the roadway condition to an acceptable
standard and to pay for the costs of operation and maintenance over a 20-year period;
and
WHEREAS, the $13.70 million would be funded from the Region 4 Resurfacing
Program and paid to the City of Fort Collins as a one-time payment; and WHEREAS,
approval of the abandonment is conditioned upon the signing of an Intergovernmental
Agreement (IGA) between the City of Fort Collins and CDOT to set forth responsibilities
concerning the abandonment.
WHEREAS, the City of Fort Collins will assume full responsibility and ownership of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468.
NOW THEREFORE BE IT RESOLVED, that the Transportation Commission of
Colorado abandons that portion of State Highway 68 (Harmony Road) from Mile Post
0.00 to Mile Post 4.468.
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Resolution Number TC-1333 EXHIBIT "B"
WHEREAS, State Highway 68 (Harmony Road) is part of the State Highway
System; and
WHEREAS, under Section 43-2-102, Colorado Revised Statutes (C.R.S.), the
Colorado Department of Transportation (CDOT) has the responsibility to
maintain State Highway 68 (Harmony Road) and the Transportation
Commission of Colorado has the responsibility, under Section 43-1-106, C.R.S.
to formulate the general policy with respect to such maintenance; and
WHEREAS, the Transportation Commission also has the authority, under
Section 43-2-106, C.R.S., to abandon that portion of State Highway 68
(Harmony Road) from Mile Post 0.00 to Mile Post 4.468 (Exhibit A), which is no
longer needed as a State Highway; and
WHEREAS, the Transportation Commission received from the City of Fort
Collins resolution accepting the abandoned portion of State Highway 68 as
part of the City's street system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action provided the
City accepts the abandoned road as part of the City's street system; and
WHEREAS, CDOT has agreed to make a one-time payment of approximately
$13.65 million to the City of Fort Collins as its share of upgrading the roadway
condition to an acceptable standard and to pay for the costs of operation and
maintenance over a 20-year period; and
WHEREAS, the $13.65 million would be funded from the Region 4 Resurfacing
Program and paid to the City of Fort Collins as a one-time payment; and
WHEREAS, approval of the abandonment is conditioned upon the signing of an
Intergovernmental Agreement (IGA) between the City of Fort Collins and CDOT
to set forth responsibilities concerning the abandonment.
WHEREAS, the City of Fort Collins will assume full responsibility and
ownership of State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile
Post 4.468.
NOW THEREFORE BE IT RESOLVED, that the Transportation Commission of
Colorado abandons that portion of State Highway 68 (Harmony Road) from
Mile Post 0.00 to Mile Post 4.468.
I hereby certify Resolution Number TC-1333 is a true and exact copy of the
resolution adopted by the Transportation Commission of Colorado on March
17K 005.
JEkNUPER R, Secretary
TRANSPORTATION COMMISSION OF COLORADO
Dated: April 12, 2005
EXHIBIT "C"
RESOLUTION 2005-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
TO TRANSFER THE ADMINISTRATIVE CONTROL, MAINTENANCE AND
OWNERSHIP OF HARMONY ROAD (STATE HIGHWAY 68) BETWEEN
COLLEGE AVENUE AND I-25 FROM THE COLORADO DEPARTMENT
OF TRANSPORTATION TO THE CITY OF FORT COLLINS
WHEREAS,the Colorado Department of Transportation("CDOT")and the City have been
negotiating the possible transfer of ownership of State Highway 68 (Harmony Road from Interstate
Highway 25 to College Avenue) from CDOT to the City because this 4.5 mile section of State
highway is developing into an urban arterial street; and
WHEREAS, transfer of ownership of State Highway 68 to the City would give the City full
control of the future design,construction and maintenance of Harmony Road and would obviate the
need for the City to seek"A-Line"access approval from CDOT and would afford the City the ability
to modify the Harmony Road Access Control Plan without CDOT involvement; and
WHEREAS, CDOT has assembled funds in the amount of$13,700,000 to pay to the City
as compensation for the City's taking ownership and maintenance responsibilities for the transferred
roadway; and
WHEREAS, Section 43-2-106 C.R.S.authorizes the Colorado Transportation Commission
to abandon state highways in accordance with the procedures established therein; and
WHEREAS, on March 17, 2005, the Colorado Transportation Commission adopted
Resolution Number TC-1333, which resolution was certified by the Transportation Commission
Secretary on April 12, 2005, whereby the Transportation Commission resolved to abandon that
portion of State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468; and
WHEREAS, CDOT has prepared an intergovernmental agreement for execution between
CDOT and the City for the purpose of setting out the understanding between CDOT and the City
pertaining to the transfer of ownership and maintenance of Harmony Road,which intergovernmental
agreement is attached hereto as Exhibit "A"; and
WHERES,the City Council has determined that it is in the best interest of the City that the
Mayor be authorized to execute the intergovernmental agreement on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the intergovernmental agreement attached
hereto as Exhibit "A" including such additional terms and conditions as the City Manager, in
consultation with the City Attorney,determines to be necessary or appropriate to protect the interests
of the City for the purpose of transferring ownership and maintenance responsibilities for State
Highway 68 (Harmony Road) from the Colorado Department of Transportation to the City upon
payment of the sum of THIRTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS
($13,700,000) by the Colorado Department of Transportation to the City.
Passed and adopted at a regular meeting of the City Council held this 7th day of June, A.D.
2005.
Mayor
ATTEST:
City Clerk