HomeMy WebLinkAbout2020-047-05/19/2020-APPROVING THE FIRST AMENDMENT TO NOVEMBER 5, 2019, INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FPage 1 of 4
FIRST AMENDMENT TO NOVEMBER 5, 2019 INTERGOVERNMENTAL AGREEMENT
FOR TAFT HILL ROAD IMPROVEMENTS – HORESTOOTH TO HARMONY PROJECT
THIS FIRST AMENDMENT TO THE NOVEMBER 5, 2019 “INTERGOVERNMENTAL
AGREEMENT FOR TAFT HILL ROAD IPROVEMENTS – HORSETOOTH TO HARMONY
PROJECT” (“Agreement”) is made and effective this day of ________, 2020 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”), collectively (the “Parties”).
WHEREAS, the Parties entered into an “Intergovernmental Agreement for Taft Hill Road
Improvements Horsetooth to Harmony Project” dated November 5, 2019, which improvements are
referred to herein as the “Project”; and
WHEREAS, the City and County agreed to co-manage the Project. The City will be the lead agency
for overseeing design and construction of the Project. The County will be the lead agency in the
acquisition of any right-of-way, securing easements, and all real estate closings, in addition to timely
providing the RRF’s to the City; and
WHEREAS, Section 3(f) of the Agreement provides the Agreement may not be amended except by
a written instrument signed by all parties; and
WHEREAS, the Parties desire to amend the Agreement as set forth herein to change or further
clarify each Party’s obligations with respect to the Project; and
WHEREAS, the City and County agree this First Amendment is in the best interest of both entities
because it improves public infrastructure within the City’s Growth Management Area and will
benefit both City and County residents.
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. Section 1 of the Agreement shall be and is hereby amended to read in its entirety as follows:
1. City Obligations
a. The City, with input from the project manager assigned from the
County, will design, construct and give final approvals for the Project in accordance
with the Scope of Work attached as Exhibit A. Design of the Project is currently
expected to begin within the next several months. Construction of the Project is
currently expected to begin either the end of 2021 or the beginning of 2022.
EXHIBIT A
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b. The County will be listed as a third-party beneficiary on all contracts
and sufficient insurance will be required to indemnify the Parties.
c. On a recurring basis, the City will invoice the County for the Project
in an amount not to exceed a cumulative total of $1,545,975.
d. The City will manage the STBG funds on the Project in accordance
with the terms and conditions of the STBG funds.
e. The City will post and select from responders thereto, a Request for
Proposal for a design and services group that may include a federally qualified
acquisition agent (“Agent”) approved by CDOT. The County shall have a
representative on the selection team for this Agent.
f. The City will reimburse the County for property acquisition costs for
the Project in accordance with Section 2(a)(ii) below.
g. Upon completion of the Project, the City and County will cooperate
and coordinate to repair and maintain the roads to the applicable standards.
2. Section 2 of the Agreement shall be and is hereby amended to read in its entirety as follows:
2. County Obligations
a. The County will undertake property acquisition responsibilities for
the Project.
i. The County may select an acquisition agent provided the
selected Agent shall be federally qualified and approved by
CDOT.
ii. The County will obtain prior written authorization from the
City for property acquisition costs. The County will pay the
up-front costs for property acquisitions and will submit
sufficient documentation to the City to obtain
reimbursement. The City will reimburse the County within
thirty (30) days of receipt of such documentation. The City’s
reimbursement will be in accordance with the terms and
conditions of the STBG funds.
b. Any third-party agreement pertaining to property acquisition will list
the City as a third-party beneficiary and will require sufficient insurance to indemnify
the Parties.
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c. The County will pay the invoices generated pursuant to Section 1(c)
above within thirty (30) days of receipt.
d. The County will provide a project manager that will work with the
City on the Project during the design, right-of-way property acquisitions, and
construction.
3. Section 3 of the Agreement shall be and is hereby amended to add subsection (i) as follows:
3. Other Provisions
i. The Parties agree that any task assigned to City staff per this Amended
Agreement, even if also for the benefit of the County, is within the scope of the City
Staff’s Employment and all provisions and protections of that employment shall
remain in full force and effect.
4. Except as modified herein, all terms and provisions of the Agreement shall remain in full
force and effect.
CITY OF FORT COLLINS, COLORADO
Mayor, Wade Troxell
ATTEST:
City Clerk
Approved as to Form:
Assistant City Attorney
LARIMER COUNTY, COLORADO
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Chair, Board of County Commissioners
ATTEST:
Clerk
Approved as to Form:
County Attorney