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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 Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4 Chair, Board of County Commissioners ATTEST: Clerk Approved as to Form: County Attorney