HomeMy WebLinkAbout2019-041-04/16/2019-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND LARIMER COUNTY FOR RESOLUTION 2019-041
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND LARIMER COUNTY FOR THE CONSTRUCTION OF A
TRAFFIC SIGNAL AT STATE HIGHWAY 1 AND DOUGLAS ROAD
WHEREAS, the Colorado Department of Transportation ("CDOT") awarded Larimer
County ("County") a Federal Highway Safety Improvement Program grant to construct a traffic
signal at State Highway I and Douglas Road in the amount of a total project cost of up to$550,000
(the "Project"); and
WHEREAS, the City and County wish to collaborate on the Project based on the City's
long History on working with the County on signals within the City's Growth Management Area
("GMA"), the lowered costs if the City builds the signal, and the ability of the City to ensure the
signal construction will meet City standards making it easier to maintain and operate in the future;
and
WHEREAS, to collaborate on the Project, the City and County will enter into an
intergovernmental agreement ("IGA") where the County will oversee the Project, including
managing the grant,public outreach,site improvements,and ensuring the local match requirements
for the grant are met and the City will design and construct the signal; and
WHEREAS, the City will design and construct the signal utilizing internal resources as
part of its "Work for Others" program and will be reimbursed all costs for design and construction
of the signal by the County from the grant funds and the City will operate and maintain the signal
pursuant to an existing intergovernmental agreement that requires the City to operate and maintain
other signals on State Highways within the GMA; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the City collaborate on the Project as set forth in this Resolution and the IGA, and that the Mayor
be authorized to execute the IGA between the City and CDOT in support thereof.
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 Mayor is hereby authorized to enter into the IGA, 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 onto effectuate the purposes of this Resolution.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of April, A.D. 2019.
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT FOR
STATE HIGHWAY 1 / DOUGLAS ROAD SIGNAL PROJECT
THIS INTERGOVERNMENTAL AGREEMENT("Agreement")is made and entered'into
this day of , 2019 by and between LARIMER COUNTY, COLORADO, a body
politic organized under and existing by virtue of the laws of the State of Colorado ("County")
and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule municipal
corporation ("City").
RECITALS
WHEREAS, the Colorado Department of Transportation ("CDOT") awarded the County a
Federal Highway Safety Improvement Program (HSIP) grant in the amount of a total project
cost up to $550,000 for the State Highway 1 / Douglas Road Signalization Project (the
"Project");and
WHEREAS, the grant indicates that CDOT will provide up to $330,000.00 in grant funds and
requires the County to provide local matching funds equaling twenty percent(20%)of Federal
cost up to an amount of$220,000,00; and
WHEREAS,the City and County agree that there will be a shared public benefit by both parties
for the Project and agree to collaborate on the Project. This can be accomplished by cash or
in-kind services that will reduce overall Project cost; and
WHEREAS, the City will request financial contributions from area developments towards the
Project and agrees to contribute this funding, if any,to the Project by remitting it to the County,
upon receipt, for use towards the County's local match requirement; and
WHEREAS,the City and the County agree that because the Project is located in the City's Growth
Management Area and because the City will operate and maintain the signal for CDOT once
complete pursuant to an existing intergovernmental agreement between the City and CDOT, and
because the City would like to ensure the signal meets City operation and maintenance needs and
because estimated Project costs can be lowered thereby reducing the local match requirement, that
it is in both the City and County's best interest for City to design and construct the signal;and
WHEREAS, the City and County agree that the County will remain the grant recipient and manage
the Project and reimburse the City for costs related to the design and construction of the signal.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. City Obligations
a. The City will design and construct the signal consistent with the Scope of Work attached
hereto as Exhibit A (the "Work"). The Work is estimated to occur in 2019.
b. On a recurring basis, City Will invoice the County for the Work to an amount not to
exceed$330,000.
c. The City will request financial contributions from the following development towards
the Project:
i. Country Club Estates
The City will remit to the County any contributions it receives from the above
development within 90 days of receiving such contributions, however, nothing in this
section or Agreement obligates the City to require financial contributions from the
development or to undertake,collection efforts on behalf of the County"..
d. Once the Work is complete,the City will operate and maintain the signal consistent with
the current maintenance contract with CDOT adopted by City resolution 20IM01 and
any applicable City policies and practices.
2. County Obligations
a. The County will provide giant management with CDOT, project management, public
outreach, complete site design and all construction not specifically related to the signal
including but not limited to survey,utilities,right,of=way acquisition,concrete work,and
any other roadway improvements.
b. The County will use.any contributions it receives pursuant to Section 1(c)above.towards
the Project and refund to the City any amounts not used on the Project.,
c. The County will pay any invoices described in 1(b) above within thirty (30) days of
receipt.
3. Other Provisions
a. The County and City both agree that all amounts paid or received under this Agreement
and all Work performed under this Agreement will be governed by all applicable terms
regulations and law contained in,or applicable to,the Project and this Agreement will not
be construed as a waiver of any terms, obligations, privileges or immunities contained
therein or otherwise conferred by law.
b. The County and City acknowledge that the HSIP grant funds are subject to applicable
agreements and regulations from CDOT and agree to abide by any applicable CDOT
interpretation,regulations of other administrative guidance regarding the use of the HSIP
grant funds and nothing in this Agreement is intended to conflict with such regulations or
guidance.
c. Liability shall be apportioned as follows:
(i) Fort Collins shall be responsible for any and all claims, damages, liability and
court awards, including costs and expenses incurred as a result of any action or
omission of Fort Collins or its officers,employees,and agents,in connection with
the performance of this Agreement
(ii) The County shall be responsible for any and all claims, damages, liability and
court awards; including costs and expenses incurred as a result of any action or
omission of the County or its officers,employees,and agents,in connection with
the performance of this Agreement.
(iii) Nothing in this Section or any other provision of this Agreement shall be
construed as a waiver of the notice requirements, defenses, immunities, and
limitations the Parties may have under the Colorado Governmental Immunity Act
(Section 24=10401, C.R.S., et seq.) or any other defenses, immunities, or
limitations of liability available to any party by law.
d. It is expressly understood and agreed by and between the parties hereto that this
Agreement shall be governed by and its terms construed under the laws of the State of
Colorado, Latimer County and the City of Fort Collins, Colorado. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction,such holding shall not invalidate or render unenforceable any other
provision of this Agreement.
e. By signing this Agreement, the County gives the City permission to complete the Work
pursuant to the terms of this Agreement, including allowing City, or its contractor, to be
present on any County property or infrastructure to complete the Work.
f. Except as may be otherwise expressly provided herein, this Agreement shall not be
construed as or deemed to be an agreement for the benefit of any third party or parties,
and no third party or parties shall have any right of action hereunder for any cause
whatsoever.
g. This Agreement may not be amended except by a written instrument signed by all parties.
h. This Agreement may be executed in counterparts, each of which shall be deemed an
original and all or which together shall constitute one and the same document.Counterpart
signatures provided by telecopy, facsimile, electronic email, or PDF shall be sufficient to
evidence a party's intention to be bound hereby.
i. This Agreement,along with all Exhibits and other documents incorporated herein, shall
constitute the entire Agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the day and year first written above.
CITY OF FORT COLLINS,
COLORADO
By:
Wade Troxell, Mayor
ATTEST:
City Clerk
Approved as to form_:
Assistant City Attorney
LARIMER COUNTY, COLORADO
By:
Chair, Board of County Commissioners
ATTEST:
Clerk
Approved as to form:
Deputy County Attorney
Exhibit A.--City of Fort Collins Scone of Work
The City portion of this project is for the installation of a four-phase traffic signal at the
intersection of State Highway 1 & CR 54(Douglas Road) in Latimer County, CO. The project
involves the following work tasks:
• Development of traffic signal design plans.
• Traffic signal construction cost estimate
• Traffic signal installation
Scope of Work
Task 1 —Project Coordination. The City Traffic Operations Department will coordinate with
other project team members including Larimer County and CDOT as necessary during the project
to discuss traffic design issues and project scheduling, coordinate work done by others including
concrete work, coordinate work area traffic control during construction and to determine any other
project specific requirements.
Task 2—Signal Design,.Develop 60% signal plans per CDOT standard plan and specifications
and complete a cost estimate for the signal work. The plans will include all traffic signal
equipment and proposed signal phasing diagrams, including locations and quantities for the
following:
• Signal poles and caissons
• Mast arm lengths
• Controller cabinet and signal controller
• Pull boxes
• Conduits
• Signalheads
• Detection devices
• Preemption devices
• Ped push buttons and signal indications
• Connection to power source point-of-service
• Pedestal poles (if needed)
• Intersection street lighting
• Signal system interconnects
• Overhead(mast-arm) signing
Based on comments received the draft plan will be revised and finalized for construction.
Task.3—Construct Signal. Upon completion of the design, City Traffic Operations crews will
order material, schedule the work, obtain all necessary permits and install the new traff a signal.
Once completed the signal will be turned on in accordance with the City's policy for the turn on of
new traffic signals.