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RESOLUTION NO.9 SERIES 2013 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION CONCERNING THE FUNDING,DESIGN AND CONSTRUCTION OF A DIVERGING DIAMOND INTERCHANGE AT U.S.36 AND MCCASLIN BOULEVARD WHEREAS, C.R.S. § 43-2-104.5 authorizes the Colorado Department of Transportation ("CDOT")and local governments to contract for the funding of highway projects;and WHEREAS,CDOT plans to design and construct a diverging diamond interchange at U.S. 36 and McCaslin Boulevard (the "Project") and intends to fund the Project through contributions from the City,the Town of Superior,the Regional Transportation District,and CDOT;and WHEREAS, a Contract between the City and CDOT has been proposed regarding the City's contribution to funding of the Project and related matters concerning the design and construction of the Project; and WHEREAS, the City Council finds that the proposed Contract is in the best interests of the City and its citizens, and by this resolution desires to approve the Contract and authorize its execution; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE,COLORADO: 1. The City Council hereby approves a certain Contract between the City of Louisville and the State of Colorado's Department of Transportation for funding of a project described in said Contact and referred to as project NH 0361-103 (18907), which shall consist of the design and construction of a diverging diamond interchange at U.S. 36 and McCaslin Boulevard (the "Contract"). A true copy of the Contract is attached hereto and incorporated herein by this reference. 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 is hereby further authorized to negotiate and approve such revisions to the Contract as the Mayor 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, City Clerk, and City staff are hereby authorized to execute all documents and do all other things necessary on behalf of the City to perform the obligations of the City under the Contract, including but not limited to execution of all certifications, forms, memoranda of understanding, option letters, contract amendments and other documents required in connection with the Contract and project. Resolution No.9,Series 2013 Page 1 of 2