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RESOLUTION NO. 21 SERIES 2020 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF LOUISVILLE CONCERNING A GRANT FOR AT -GRADE CROSSING IMPROVEMENTS AT FIVE PEDESTRIAN CROSSING INTERSECTIONS ALONG SOUTH BOULDER ROAD WHEREAS, the State of Colorado through the Colorado Department of Transportation, ("CDOT") administers federal funds and grants under the Surface Transportation Improvement Program for local transportation programs; and WHEREAS, the City of Louisville has applied for and been awarded a Surface Transportation Improvement Program grant for the design and construction of at grade crossing improvements, to include signal, pavement marking, geometric and other infrastructure improvements for pedestrian crossings along South Boulder Road; and WHEREAS, the City desires to accept such grant and authorize execution of a grant contract for such funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The City Council hereby approves that certain Intergovernmental Agreement between the Colorado Department of Transportation and the City of Louisville for the Surface Transportation Improvement Program grant awarded to the City for the design and construction of at grade crossing improvements along South Boulder Road under Project No. STU M825-016 (23393) ("Contract"), in substantially the same form as the copy of such Contract accompanying this Resolution. 2. The Mayor is hereby authorized to execute the Contract on behalf of the City Council of the City of Louisville, except that the Mayor and City Manager are hereby further authorized to negotiate and approve such revisions to the Contract as the Mayor or City Manager determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Contract are not altered. 3. The Mayor, City Manager and City Staff are hereby authorized and directed to do all things necessary on behalf of the City to perform the obligations of the City under the Contract, including without limitation that the Mayor or City Manager are authorized to execute and deliver any certifications, reports, forms, option letters, contract amendments and other documents appropriate or required in connection with the Contract and completion of the City project to be funded in part with funds received under the Contract. 4. The City's obligation to make payments under the Contract is from year to year only, and payments of the City contribution for fiscal year 2021 are subject to annual budgeting and appropriation in the sole and absolute discretion of the City Council. Nothing in the Contract Resolution No. 21, Series 2020 Page 1 of 2