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HomeMy WebLinkAbout24-46 Approving an IGA between Firestone and Frederick re WC Road 13 and WC Road 20 Improvement Project 05-08-2024RESOLUTION N0.24-46 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TOWN OF FREDERICK REGARDING THE WELD COUNTY ROAD 13 AND WELD COUNTY ROAD 20 INTERSECTION OPERATION IMPROVEMENT PROJECT WHEREAS, in accordance with C.R.S. 29-1-203 governments may cooperate or contract with one another to provide any lawfully authorized function service or facility; and WHEREAS Weld County Roads 13 and 20 are Principal Arterials within the Regional Roadway System and the intersection of the roads lies within the jurisdictions of the Town of Firestone ("Firestone") and the Town of Fredrick (Frederick); and WHEREAS to alleviate the congestion, decrease pollution, improve pedestrian and bicycle connectivity and safety at the intersection Firestone and Frederick desire to enter into an Intergovernmental Agreement to improve the intersection through means such as updated traffic signal timing and controls, pedestrian crossing controls, ADA curb ramps and widening of the intersection to incorporate auxiliary turn lanes on the primary corridors; and WHEREAS to finance the Project the parties received a Denver Regional Council of Government s ("DRCOG") Southwest Weld County Subregional Forum Fiscal Year 2024-2027 Transportation Improvement Project ("TIP") Grant however as such monies will not cover all Project costs Frederick and Firestone have agreed to equally split both the Grants required matching funds and all other Project costs and work together in good faith to complete the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Intergovernmental Agreement between the Town of Firestone and Town of Frederick for the Weld County Road 13 and Weld County Road 20 Intersection Operation Improvement Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town INTRODUCED, READ AND ADOPTED this 8' day of May, 2024. 11 una Gonzalez, Interim Town TO William SEA 0 WELD COUNTY ROAD 13 AND WELD COUNTY ROAD 20 INTERSECTION OPERATION IMPROVEMENT PROJECT INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this 944' day of Ma , 2024 between the Town of Firestone, a Colorado statutory Town, whose address i�50 Park Avenue, Firestone, CO 80504, hereafter referred to as "Firestone," and the Town of Frederick, a Colorado statutory town, whose address is 401 Locust Street, Frederick, CO 80530, hereafter referred to as "Frederick." Firestone and Frederick may be individually referred to as a "Party" and collectively referred to herein as "Parties." WHEREAS, the Parties, through their respective governing bodies, find that: 1. Weld County Road 13 forms the primary arterial corridor in the Tri-Town area of Firestone, and Frederick, with both Weld County Road 13 and Weld County Road 20 identified as Principal Arterials within the Regional Roadway System. 2. With rapid growth of the Northern Front Range and within the Tri-Town area, the Frederick Transportation Master Plan has identified intersection improvements as an area of focus to improve traffic operations through signal timing, controls, and widening through the incorporation of auxiliary turn lanes on primary corridors. 3. The proposed project is necessary to alleviate congestion along the corridor and decrease pollution associated with such congestion, improve bicycle and pedestrian connectivity by creating trails and bicycle lanes where none currently exist, improve safety by including ADA curb ramps and pedestrian crossing controls where none exist, and reduce accidents associated with congestion and inadequate roadway capacity. 4. The people of the State of Colorado have authorized the Parties to exercise the powers and to cooperate and contract in the matters set out in this Agreement through the Colorado Constitution, Article XIV, Section18 (2) (a), Article XX, Section 6, and Article XI, Section 7. 5. The General Assembly of the State of Colorado has authorized and encouraged local governments to exercise the powers and to cooperate and contract in the matters set out in this Agreement through the enactment of State statutes including, but not limited to: C.R.S. Section 29-20-101, et seg., and particularly Section 29-20-105 and Section 29-20-106; Section 29-1-201, et seq., and particularly Section 29-1-201 and Section 29-1-203; and Section 31-25-101, et seq. 6. This Intergovernmental Agreement is entered into pursuant to the authority granted by the General Assembly and the people of the State of Colorado, as described above, and the subject matter and agreements contained herein are logical and 1 foreseeable results of the State's enactment of the foregoing statues and Constitutional provisions. WHEREAS, Frederick, with Firestone as supporting agency, was awarded a Denver Region Coalition of Governments (DRCOG) Southwest Weld County Subregional Forum Fiscal Year (FY) 2024-2027 Transportation Improvement Project (TIP) grant (Grant) in the amount of $2,059,9000; and WHEREAS, Firestone and Frederick desire to establish and clarify provisions relating to Party cost sharing with regard to performance of the activities outlined in paragraph 3 above; and WHEREAS, in view of the foregoing findings of the Town of Firestone Board of Trustees and Town of Frederick Board of Trustees, it is appropriate that this Agreement be entered into. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: 1. Project Area. The area referenced in this Agreement as Exhibit 1 is hereafter referred to as the Weld County Road 13 and Weld County Road 20 Intersection Operation Improvement project area (or "Project Area"). 2. Rights-of-WaLr. Within their respective jurisdictions in the Project Area, each Party shall provide the other all necessary utility easements and rights -of --way for storm drainage, roadway, or multimodal improvements without charge. The requesting Party as part of the Project Area design process shall work with the providing Party's Town Engineer for review and approval of drainage, roadway, and multimodal improvements. 3. Cost Sharing. a. Local Agency Match. The Parties understand that the DRCOG Southwest Weld County Subregional Forum FY 2024-2027 TIP grant required 20% Local Agency matching funds totaling $516,000, and per Request for Peer Agency Support forms, the Parties have agreed to split this cost at $258,000 each. b. Additional Proiect Costs. The Parties understand that the implementation of this Agreement and the achievement of its purposes, including design, acquisition, and construction of the Project Area, may require additional funds in excess of the $2,575,000 ($2,059,9000 grant funds and $516,000 Local Agency matching funds) provided, and hereby agree to cost sharing of additional costs, 50% Town of Firestone and 50% Town of Frederick. c. Non -Appropriation. Additional project costs are subject to appropriation. Notwithstanding anything contained in this Agreement to the 2 contrary, in the event no funds or insufficient funds for any additional project costs are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any future fiscal year of Frederick or Firestone, the affected Party shall immediately notify the other Party writing of such occurrence and the affected Party's obligations under this Agreement shall terminate on the last of day of the fiscal year for which appropriations have been received or made without penalty or expense to the affected Party. 4. Parties to Exercise Good Faith. The Parties agree to devote their best Worts and to exercise good faith in implementing the provisions of this Agreement. 5. Intent of Agreement. This Agreement is intended to describe rights and responsibilities only as between the named parties hereto. It is not intended to and shall not be deemed to confer rights to any persons or entities not named as parties hereto nor to require Firestone or Frederick to annex any property or to provide any services to any land. This Agreement is not intended to limit in any way the powers or responsibilities of Weld County or of any other political subdivision of the State of Colorado not a party hereto. 6. Remedies for Default. Should any party fail to comply with the provisions of this Agreement, the other party, after providing written notification to the non -complying party and upon the failure of said party to achieve compliance to the reasonable satisfaction of the noticing party within ninety (90) days after said notice, may maintain an action in a court of competent jurisdiction for specific performance, injunctive, or other appropriate relief, excluding damages relief. In the event of such litigation, each party shall be responsible for its own costs, including attorney fees. 7. Amendment. This Agreement is the entire and only agreement between the Parties regarding the Project Area and the sharing of certain tax revenues generated therein; there are no promises, terms, conditions, or obligations other than those contained herein. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. This Agreement may be amended only by an instrument in writing signed by the Parties. 8. Severability and Reformation. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, if allowed by law, in lieu of such invalid, illegal, or unenforceable provision, there shall automatically be added as part of this Agreement a provision similar in terms to such illegal, invalid, or unenforceable provision so that the resulting reformed provision is legal, valid, and enforceable. If such reformation is not possible, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the Parties. 9. Effective Date. This Agreement shall become effective on the day of May, 2024. 3 IN WITNESS WHEREOF, the above Parties hereto have caused this Agreement to be executed. ATTEST: Mi is una Gonzalez, Interim Town Cl APPROVED AS TO William P Hayashi, T ATTEST: Town Clerk RM: Attorney APPROVED AS TO FORM: Town Attorney TOWN OF FI Don Cktnyac Mayor TOWN OF FREDERICK Tracie Crites, Mayor