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Home My WebLink About20241402.tiffCORRECTED RESOLUTION (Corrected to Remove Electronic Signature Provision) RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION, OPERATION, AND MAINTENANCE FOR COUNTY ROADS 13 AND 2 INTERSECTION (AKA COLORADO BOULEVARD AND 168TH AVENUE), AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY AND CITY OF THORNTON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Traffic Signal Installation, Operation, and Maintenance for the County Roads 13 and 2 Intersection (aka Colorado Boulevard and 168th Avenue) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, Adams County, and the City of Thornton, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Traffic Signal Installation, Operation, and Maintenance for the County Roads 13 and 2 Intersection (aka Colorado Boulevard and 168th Avenue) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, Adams County, and the City of Thornton, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. Cc ?id (CH/DN/DD/5IS) lot /2..q 2024-1402 EG0082 INTERGOVERNMENTAL AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION, OPERATION, AND MAINTENANCE FOR COUNTY ROADS 13 AND 2 INTERSECTION (AKA COLORADO BOULEVARD AND 168TH AVENUE) - ADAMS COUNTY AND CITY OF THORNTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 2024. ATTEST: jeit40:4. Weld County Clerk to the Board BY: • 16/ C1C� Deputy Clerk to the Board APP::VED ney Date of signature: .e/ll)/44 BOARD OF COUNTY COMMISSIONERS WELD COU Perry L ck, Pro -Tern Ross, Chair Mike F eeman i Saine 2024-1402 EG0082 (k ad- 1,Ni 8't I 1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: WCR 13/2 Traffic Signal Project IGA - Weld County, Adams County, City of Thornton DEPARTMENT: Public Works DATE: May 7, 2024 PERSON REQUESTING: Don Dunker/Curds Hall Brief description of the problem/issue: This IGA is between Weld County, Adams County, and City of Thornton for the design, installation, operation, and maintenance of a traffic signal at WCR 13 (Colorado Blvd) and WCR 2 (168'" Ave). The total estimated cost for design, procurement of the stoplight materials, and construction is $683,000. The City of Thornton, as the lead agency for the project, applied and received for a CDOT Highway Safety Improvement Program (HISP) grant in the amount of $614,700. The grant requires a 10% local match of approximately $68,300. The 10% match will be split between City of Thornton (50%)($34,150), Adams County (25%)($17,075), and Weld County (25%)($17,075). Ongoing maintenance and operational costs are to be split using the same percentages as the local match. Weld County's share of the maintenance and electrical costs will be 25% of the annual operating costs. The City of Thornton will invoice Weld County by January 31 each year and Weld County will need to pay the invoice by March 15 each year. What options exist for the Board? Option 1: Allow the attached IGA to be placed on the next available BOCC agenda for signature. Option 2. Request a work session to discuss the IGA. 1. Consequences: If Weld County desires to partner with Adams County and City of Thornton and take advantage of the HSIP grant funds to have the traffic signal designed and installed, the IGA has to be signed by the BOCC. If the IGA is not signed by the BOCC, the project wit be delayed until an alternative solution can be found. 2. Impacts: If the IGA is not signed by the BOCC, the project will be delayed, and an alternative solution will have to be investigated. This intersection has a high volume of traffic during peak hours and a traffic signal will reduce accidents. WCR 13 AADT is 5,008 and WCR 2 (Adams) AADT is 5354. 3. Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): The $17,075 is available within the Public Works fund balance. Based on our experience with our own traffic light, 25% of annual maintenance and operating costs are expected to be about $1600. Contract 0111 (o/3 cc.: Or1Eas.e. PW Pwfc F-11OO) ©C./1O1O4 2024-1402 E6)0M7_ L Recommendation: Public Works recommends option 1 so the IGA can be executed. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saint) Supoort Recommendation Place on BOCC Agenda Schedule Work Session Other/Comments: Contract #8111 BOARD OF COUNTY COMMISSIONERS FOR ADAMS COUNTY, STATE OF COLORADO RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, ADAMS COUNTY AND WELD COUNTY FOR TRAFFIC SIGNAL INSTALLATION, OPERATION AND MAINTENANCE AT 168TH AVENUE AND COLORADO BOULEVARD Resolution 2024-468 WHEREAS, the City of Thornton, Adams County, and Weld County are all political subdivisions of the State of Colorado; and WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution and Sections 29-1-201, et seq. and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, the Parties agree that additional tragic control is warranted at the 168th Avenue and Colorado Boulevard intersection ("Intersection"). Intersection is situated within the corporate limits of Thornton on 168th Avenue, Adams County south of 168th Avenue, and Weld County north of 168th Avenue; and WHEREAS, all Parties agree to cooperate with each other to install, operate and maintain a traffic signal at the intersection of 168th Avenue and Colorado Boulevard; and WHEREAS, all posies intend to enter an Agreement for the above stated services for the time period after final signature and will automatically renew under the conditions stated therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, County of Adams, State of Colorado, that the Intergovernmental Agreement regarding operation and maintenance at 168th Ave and Colorado Boulevard under the conditions stated therein, a copy of which is attached hereto and incorporated herein by this reference and is hereby approved. BE IT FURTHER RESOLVED that the Chair is hereby authorized to sign the Intergovernmental Agreement with the City of Thornton and Weld County, on behalf of Adams County, after negotiation and approval as to form is completed by the County Attorney's Office. Upon motion duly made and seconded the foregoing resolution was adopted by the following vote: Henry Tedesco Pinter O'Dorisio _ Baca STATE OF COLORADO ) County of Adams ) Aye Ayc Aye Aye Aye Commissioners I, Josh Zvgielbaum , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and sifted the seal of said County, at Brighton, Colorado this 3r° day of September A.D. 2024. County Clerk and ex -officio Clerk of the Board of County Commissioners Josh Zygielbaum: By: Fdifitnnag, Deputy DocuSign Envelope ID: 53185629-0D07-4864-A066-42A100A1F299 C.D. No. 2024-039 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, ADAMS COUNTY, AND WELD COUNTY FOR TRAFFIC SIGNAL INSTALLATION, OPERATION, AND MAINTENANCE AT 168. AVENUE AND COLORADO BOULEVARD This Intergovernmental Agreement for Traffic Signal Installation, Operation, and Maintenance is entered into this 27 day of February , 20?4, amongst and between the City of Thornton ("Thornton"), located at 9500 Civic Center Drive, Thornton, CO 80229, Adams County, located at 4430 S Adams County Parkway W5000, Brighton, CO 80601, and Weld County located at 1150 O Street, Greeley, CO 80631. Hereafter, each may be referred to singularly as "Party" or collectively as the "Parties." I. RECITALS A. Section 18(2)(a) of Article XIV of the Colorado Constitution and Sections 29-1-201, et seq. and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and B. The 168th Avenue and Colorado Boulevard intersection. ("Intersection") is situated within the corporate limits of Thornton on 168th Avenue, Adams County south of 168th Avenue, and Weld County north of 168th Avenue; and C. The Parties agree that additional traffic control is warranted at the Intersection and a traffic signal is proposed to provide such traffic control; and D. Portions of the Traffic Signal on the east and west sides of the Intersection are to be located in Thornton, portions of the Traffic Signal on the south side of the intersection are to be located in Adams County, and portions of the Traffic Signal on the north side of the intersection are to be located in Weld County; and E. The Parties recognize that a cooperative plan to design, construct, operate, and maintain a Traffic Signal at the Intersection is for the mutual benefit and welfare of their respective citizens and will promote an efficient and cost-effective approach to traffic signal operation, maintenance, repair and replacement; and F. The Parties agree that the Traffic Signal is an interim operational and safety improvement for the Intersection and the future construction of a roundabout is the desired ultimate improvement to further address safety and operational issues; and G. The Parties agree to continue pursuing grant opportunities to help leverage funding towards construction of future roundabout when funding allows; and H. The Parties wish to enter into a new Intergovernmental Agreement ("IGA") for the design, construction, operation, and maintenance of the Traffic Signal as described and depicted in Exhibit "A", which is attached and incorporated by this reference into this IGA. 1 O2O,v/ " /`T° -2- DocuSign Envelope ID: 53189829-0DB7-4864A068-42A100A1F299 C.D. No. 2024-039 THEREFORE, in consideration of the promises and conditions contained herein the Parties agree as follows: II. THE 168TH AVENUE AND COLORADO BOULEVARD TRAFFIC SIGNAL DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE RESPONSIBILITIES A. Design 1. Thornton shall contract with a consultant to conduct design services for the Traffic Signal project ("Project"). 2. The Project design shall be done in accordance with Thornton specifications and in compliance with the Manual on Uniform Traffic Control Devices. 3. The Parties agree that efforts shall be made to design the Project within existing rights -of -way. Should acquisition of property be necessary to facilitate design and construction of the project, the Parties agree that each will be responsible for the acquisition of property within their own jurisdiction. 4. While this Agreement is not intended to alter the jurisdictional boundaries between the Parties, the improvements may require the Project to shift into one jurisdiction more than another to help mitigate impacts to existing properties. B. Construction 1. Thornton will serve as the lead agency for Project management and select a contractor for construction of the Project in accordance with Thornton procurement policies. 2. Thornton will provide all construction management staff associated with the Project. Adams County and Weld County shall concur on change orders before Thornton issues a change order to the contractor. Thornton, Adams County, and Weld County agree that each jurisdiction has sole discretion to challenge or dispute any change order that solely affects work in that portion of the Project located inside that Party's jurisdiction unless such dispute delays the Project work. In that case, Thornton, Adams County, and Weld County shall use their best efforts to resolve the disputed change order to avoid any delay in the Project. Thornton shall use its best efforts to expeditiously complete construction of the Traffic Signal upon execution of this IGA. Each Party shall designate a Project Manager who shall coordinate the Project on behalf of their respective entity. Each Project Manager shall have the authority to make decisions with respect to the project on behalf of their respective entity. 2 Oocu.Sign Envelope ID: 5318962.O97-4864Ao66-42A100A1F299 C.D. No. 2024-039 3. The Parties acknowledge that Thornton is authorized to enter into a construction contract only upon execution of this Agreement by the Parties. C. Design and Construction Cost Sharing 1. With the support of Adams County and Weld County, Thornton has applied for and obtained federal Highway Safety Improvement Program ("HSIP") funds for the Project. The amount of the HSIP funds is $614,700 with a required local match of $68,300 for a total project cost of $683,000. Thornton shall pay one-half, Adams County shall pay one -quarter, and Weld County shall pay one -quarter of the local match for the design, construction, and materials testing costs needed for the Project. 2. The Parties agree that Project costs shall not exceed $683,000 unless otherwise agreed to in writing among the Parties. If the Project costs, once bids are received, exceed $683,000, the Parties shall meet and may decide to reduce the project scope, provide additional funds, or terminate the Project as part of this IGA. 3. The Parties agree that, within thirty (30) days of receipt of an invoice from Thornton, Adams County and Weld County shall each remit one -quarter of the local match for the Project to Thornton. 4. The Parties agree that, within thirty (30) days of final acceptance of the Project, Thornton shall remit to Adams County and to Weld County any unused portion of the local match for the Project based on the same percentages as identified in section C.3 of this Agreement. D. Operation and Maintenance of Traffic Signal 1. Under this Agreement, operation and maintenance means all labor and materials necessary to ensure that the Traffic Signal will function as it was designed, including pavement markings at the Traffic Signal (stop bars, crosswalks, yield triangles, and lane use control lines in the intersection), traffic control signs attached to the Traffic Signal, street name signs attached to the Traffic Signal, illuminated street name signs attached to the Traffic Signal, and the painting of exterior fixtures and surfaces of the Traffic Signal poles. 2. Capital replacement shall include any equipment installation, replacement, modification, or alteration outside of routine maintenance and operation and must be mutually agreed upon in writing by the Parties. 3. The Parties agree that all preventative maintenance, repairs and changes shall be performed in accordance with the requirements of the Manual on 3 DoOuSign Envelope ID: 53159829-0DB7-4884A068-42A100AIF299 C.D. No. 2024-039 Uniform Traffic Control Devices, latest edition, as revised and updated, and generally accepted engineering principles. 4. Before the permanent deactivation/removal of the Traffic Signal, or control device from operation, it must be mutually agreed upon in writing by the Parties. E. Traffic Sienals Color Standard. Thornton color standard shall be used for the Traffic Signal located at the intersection. The Thornton color standard shall be satin finish "Mocha Brown (Color number 10075, Federal Standard 595C Colors, January 2008) unless otherwise approved in writing by the Thornton Traffic Engineer or designee. F. Jurisdictional Loaos arid Street Name Signs. 1. Jurisdictional logos on the street name signs attached to the Traffic Signal poles situated in Parties jurisdictional boundary shall reflect their respective jurisdictional boundary and shall be maintained in accordance with this IGA. 2. Should either Party desire to modify or change existing logos on the street name sign attached to Traffic Signal poles situated in their jurisdictional boundary, the desiring Party shall be responsible for all costs to change the logo. 3. Should either Party desire to install illuminated street name signs to the Traffic Signal poles situated in their jurisdictional boundary if none currently exist, the desiring Party shall be responsible for all costs to furnish and install the illuminated street name signs. G. The Parties acknowledge and further agree to the following: 1. Thornton. a. Thornton shall be the owner of the Traffic Signal. b. Thornton shall maintain the Traffic Signal because it is adequately staffed and suitably equipped to satisfactorily manage and maintain the Traffic Signal and pertinent traffic control devices. c. Thornton in its sole discretion retains the right to modify or alter the operation of the Traffic Signal and pertinent traffic control devices at the intersection listed above, whether consideration of such modifications or alterations are self -initiated or in response to any Party's recommendations to modify or alter any the same, d. Thornton will give written notice to the Parties and an opportunity to review Thornton' s proposed alterations to the operation of the Traffic 4 Doc.OSign Envelope ID: 53169629-0DB7-4864-A066-42A100A1F299 C.D. No. 2024-039 Signal and pertinent traffic control devices before implementing its proposed alterations. e. Thornton shall provide the preventative maintenance for the Traffic Signal; preventative maintenance includes all labor and materials necessary to ensure that the traffic signal will function as it was designed, including the painting of exterior fixtures, and its upkeep shall be in accordance with the Manual on Uniform Traffic Control Devices requirements. 2. Adams County. a. Adams County shall pay Thornton annually a maintenance cost for the Traffic Signal. The cost shall be one -quarter of Thornton's cost to maintain the Traffic Signal based upon Thornton's total of all actual costs (non -electrical service costs) for the Traffic Signal for that calendar year. This cost shall not exceed one -quarter of Adams County's "annual average cost to maintain a signer' based upon Adams County's signal maintenance contract or expenses for that calendar year. This maximum amount shall be determined by the total of all costs (non -electrical service costs) for Adams County's annual traffic signal maintenance divided by the number of signals maintained by Adams County for that calendar year, which result shall be Adams County's "annual average cost to maintain a signal". b. Thornton will provide its annual cost of electrical service for the Traffic Signal. Adams County shall pay Thornton for one -quarter of the electrical service cost. c. Thornton shall invoice Adams County by January 31, for costs to be paid for the prior year. Adams County shall remit payment by March 15 of each year. 3. Weld County a. Unless the intersection is annexed by another agency, Weld County shall pay Thornton annually a maintenance cost for the Traffic Signal. The cost shall be one -quarter of Thornton's cost to maintain the Traffic Signal based upon Thornton's total of all actual costs (non- electrical service costs) for the Traffic Signal for that calendar year. b. Thornton will provide its annual cost of electrical service for the Traffic Signal. Weld County shall pay Thornton for one -quarter of the electrical service cost. 5 DocuSign Envelope ID: 59189629-0O87-4864-A066-42A10OA1 F299 C.D. No. 2024-039 c. Thornton shall invoice Weld County by January 31, for costs to be paid for the prior year. Weld County shall remit payment by March 15 of each year. H. Termination. The parties hereto agree that this IGA is contingent upon all funds designated for the work herein being made available from Thornton, Adams County, and Weld County. Should any party fail to provide the necessary funds as agreed to herein, the Agreement may be terminated by Thornton. Any party terminating its interests and obligations herein shall not be relieved of any financial obligation which existed prior to the effective date of such termination or which may occur as a result of such termination. Any party desiring to terminate this Agreement shall provide written notice to the other parties 90 days prior to the termination. In the event the traffic signal is removed, this Agreement shall be considered terminated. The rights contained herein shall not be construed to limit the parties' rights to enforcement of the terms herein. MISCELLANEOUS TERMS A. Default. If any payment or any other condition, obligation, or duty is not timely made, tendered or performed by either party, then this Agreement, at the option of the party who is not in default, may be terminated by the non -defaulting party, in which case, the non -defaulting party may recover such damages as may be proper. If the non -defaulting party elects to treat this Agreement as being in full force and effect, the non -defaulting party shall have the right to an action for damages. B. Waiver of Breach. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement by any other party shall not operate or be construed as a waiver of any subsequent breach by either party. C. Litigation. Each party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions. D. Notice. Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below, or at such address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States mail. Adams County: Adams County Traffic Engineer 4430 S. Adams County Parkway W5000 Brighton, CO 80601 Copy: 6 DocuSign Envelope ID: 531B9629-0DB7-4864-A066-42A100A1 F299 C.D. No. 2024-039 Adams County Adams County Attorney 4430 S. Adams County Parkway C5000B Brighton, CO 80601 Weld County: Weld County's County Engineer 1111 H Street Greeley, CO 80631 Copy: Weld County Attorney 1150 O Street Greeley, CO 80631 Thornton City of Thornton Traffic Engineer 9500 Civic Center Dr. Thornton, CO 80229 Copy: The City of Thornton City Attorney 9500 Civic Center Drive Thornton, Colorado 80229 E. Additional Documents or Actions. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. F. Integration and Amendment. This Agreement represents the entire Agreement among the Parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. G. Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Adams, State of Colorado. H. Seyerabllity. If any article, section, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid for any reason, such holding shall not affect the validity, enforceability, or constitutionality of the remaining 7 DocuSlgn Envelope ID: 53159629-0DB7-4864-A086-42A100A1 F2n9 C.D. No. 2024-039 provisions of this Agreement. The Parties hereby declare that they would have accepted this Agreement and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Waiver. A waiver by any Party to this Agreement or a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any Party. J. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. K. Governmental Immunity. The Parties acknowledge that each Party, their officers and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as it is from time to time amended, or otherwise available to the Parties, their officers, or employees. L. Terms. The terms of this Agreement shall remain in full force and effect until such time as any party provides the others with notice of intent to terminate or upon mutual agreement of the Parties. M. Non•Aoorooriatlon. In the event that a party fails to appropriate funds for the continuation of this agreement for any fiscal year past the first fiscal year, such party may, at the beginning of the fiscal year for which the City Council or Board of County Commissioners body does not appropriate such funds and upon thirty (30) days prior written notice, terminate this agreement without penalty and thereupon be released of further obligations pursuant thereto. N. Authority. All Parties hereby warrant that the signatures below are by individuals who have the full and lawful authority to execute this Agreement on behalf of their entity and each party agrees to defend these signatures in the exercise and enforcement of this Agreement. Further, all parties represent and warrant that they have taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the entity to lawfully execute this Agreement on behalf of the entity and to bind the entity to its terms. O. Effective Date. This Agreement will become effective as of the last date of execution by the Parties hereto. THE REMAINING PORTION OF THIS PAGE INTENTIONALLY LEFT BLANK 8 DonnSign Envelope ID: 54189829-0D87.4884-A068.42A100A1F299 C.D. No. 2024-039 IN WITNESS WHEREOF, have executed this Agreement to be effective as of the last date of execution by the Parties hereto. beck aso4re: Breftenry, Acting City Manager CITY OF THORNTON 000usrofneed y: ATTEST: cDocu8r nod by: Lftrhbaum, City Clerk APPROVED AS TO LEGAL FORM: r-000u6lpned by: G(ti ice tarrefrenity Attorney ADAMS COUNTY (mma pin4-er, Ch.or Board of County Commissioners for Adams County ATTEST: n Or Adams County Clerk 9 DoWSlgn Envelope 1D: 53189829.01,87-4884.36 .42A100A1F299 C.D. No. 2024-039 APPROVED AS TO LEGAL FORM: �-- Adams County Attorney WELD COUNTY Board of County Commissioners Weld County Kevin D. Ross, Chair JUN 0 3 2024 ATTEST: dArtotA) As;ti Weld County Clerk to the Board a. putt' Clerk . the Board APPROVED AS TO LEGAL FORM: Weld County Attorney 10 DocuSign Envelope ID 53189629-0DB7-4564-A066-42A100A1 F299 C.D. No. 2024-039 EXHIBIT A WCR 16 Hob Colorado Boulevard 11 • _ 4 DociiSign Envelope ID: 53189629-0O87-4854-A058-42A10OA1F299 C.D. No. 2024-039 RESOLUTION A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, ADAMS COUNTY, AND WELD COUNTY FOR TRAFFIC SIGNAL INSTALLATION, OPERATION, AND MAINTENANCE AT 1681H AVENUE AND COLORADO BOULEVARD. WHEREAS, the City of Thornton, Adams County, and Weld County are all political subdivisions of the State of Colorado; and WHEREAS, (2)(a) Colo. Const. art. XIV, § 18, as well as § 29-1-201, C.R.S. et seq., and § 29-20-205, G.R.S. authorize and encourage the state and its political subdivisions to cooperate with one another by contracting for their mutual benefit; and WHEREAS, the 168th Avenue and Colorado Boulevard intersection (Intersection) is situated within the corporate limits of Thornton on 168th Avenue, Adams County south of 168th Avenue, and Weld County north of 168th Avenue; and WHEREAS, the City of Thornton, Adams County, and Weld County agree that a traffic signal is warranted at the aforementioned Intersection; and WHEREAS, portions of the traffic signal on the east and west side of the Intersection are to be located in the City of Thornton, portions of the traffic signal on the south side are to be located in Adams County, and portions of the traffic signal on the north side are to be located in Weld County; and WHEREAS, the City is eligible to receive funding up to $614,700.00 in Federal Highway Administration (FHWA) Highway Safety Improvements Program (HSIP) funding for the purpose of design, construction, and installation of traffic signal improvements at the Intersection (Project); and WHEREAS, the FHWA HSIP funding requires a Local Agency match of 10% of the total award, which is $68,300.00; and WHEREAS, the City of Thornton, Adams County, and Weld County desire to enter into an Intergovernmental Agreement (IGA) for the Local Agency match and the design, installation, operation, and maintenance of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: The IGA, attached hereto and incorporated by this reference is hereby approved. DocuSign Envelope ID: 53189629-0087-4864-A086-42A100A1F299 C.D. No. 2024-039 2. The City Manager is hereby authorized and directed to sign, and the City Clerk to attest, the IGA in substantially the same form as attached and as approved as to form by the City Attorney. The City Manager is further authorized to sign and approve on behalf of the City any amendments to the IGA that are substantially consistent with the intent of the IGA and which may be required for completion of the Project. 3. The Agreement shall be effective only after all Parties have approved and signed the same. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on February 27. 2024. CITY OF THORNTON, COLORADO oecuBlonW by: i�+.L�•�n.i,� Jan leur ayor ATTEST: Doeu8 .• nod by: Krisenenbaum, City Clerk 2 Docu8ign Envelope ID 59189629-0D87-4884A086-42At00AlF299 COUNCIL COMMUNICATION Meeting Date: February 27, 2024 Agenda Item: 10E Agenda Location: CONSENT CALENDAR — l" Reading 2"a Reading Subject: A resolution approving an Intergovernmental Agreement between the City of Thornton, Adams County, and Weld County for traffic signal installation, operation, and maintenance at 168th Avenue and Colorado Boulevard. Department Head Review: Approved by: Brett Henry, Executive Director of Utilities Kevin S. Woods, City Manager and Infrastructure Presenter(s): Darrell Alston, Traffic Engineer Ordinance previously introduced by: SYNOPSIS: This Intergovernmental Agreement (IGA) between the City, Adams County, and Weld County is for the design, construction, operation, and maintenance of the 168th Avenue and Colorado Boulevard Intersection Improvements Project (Project). The IGA is also for sharing the local match for the Project. The Project is funded by a Federal Highway Administration Highway Safety Improvement Program grant administered by the Colorado Department of Transportation (CDOT). The Project will install a traffic signal at the intersection to provide control for traffic on Colorado Boulevard crossing 168th Avenue and traffic on 168th Avenue crossing Colorado Boulevard. The purpose is to address a high frequency of right angle (broadside) crashes at the intersection. RECOMMENDATION: Staff recommends Alternative No. 1, approve the resolution authorizing the IGA to establish design, construction, installation, operation, and maintenance responsibilities and to establish local match cost sharing for the Project. BUDGET/STAFF IMPLICATIONS: The total Project estimate is $683,000 for the design and construction of the Project. Under a separate IGA, CDOT wil reimburse the City up to $614,700 upon completion of the Project. The remaining $68,300 is the amount of the required local match for the Project. 50 percent of the intersection is in Thornton, 25 percent is in Adams County, and 25 percent is in Weld County. Under the IGA, the local match will be shared between the three agencies based on these percentages, with Thornton's share at $34,200, Adams County's share at $17,100, and Weld County's share at $17,100. Under the IGA, the City will manage the design and construction of the Project. Once constructed, the City will operate and maintain the Project. Maintenance and operation costs will be bome by the City, Adams County, and Weld County. Adams County will annually pay the City one quarter of actual electrical costs and one quarter of the City's actual maintenance costs, not to exceed Adams County's annual average cost to maintain a traffic signal. Weld County will annually pay the City one quarter of actual electrical costs and one quarter of the City's actual maintenance costs. DocuSign Envelope ID: 53189629-0DB7-4864-A088-42A100A1F299 COMMUNICATION PAGE 2 ALTERNATIVES: 1. Approve the resolution as recommended. 2. Do not approve the resolution and fund the required local match and maintenance and operation costs solely at the City's expense. 3. Do not approve the resolution and do not fund the Project. BACKGROUND (ANALYSISINEXT STEPS/HISTORY): (includes previous City Council action) The Project is located at the 168'" Avenue and Colorado Boulevard intersection. The proposed improvement is the construction of a traffic signal. The traffic signal will provide signalized control for traffic on Colorado Boulevard crossing 168th Avenue and for traffic on 168"' Avenue crossing Colorado Boulevard. The traffic signal is anticipated to reduce the frequency of right angle (broadside) crashes at the intersection. The 168th Avenue and Colorado Boulevard intersection is jointly situated in the City, Adams County, and Weld County, with 50 percent of the intersection in the City, 25 percent of the intersection in Adams County, and 25 percent of the intersection in Weld County. In November 2023, CDOT formally approved advancement of the Project to Federal Fiscal Year 2024. CDOT will administer the funds under a separate IGA. In October 2023, the City requested that the Project be advanced to Federal Fiscal Year 2025 (July 1, 2024). In April 2023, the City was awarded the grant funds. In February 2023, the City, Adams County, and Weld County jointly applied for Federal Fiscal Year 2026 (July 1, 2025) Federal Highway Safety Improvement Program funds for installation of the traffic signal, with the City serving as the project manager for the Project. The grant requires a local match of 10 percent, and the match will be shared between the City, Adams County, and Weld County. ATTACHMENTS. Contract Form Entity Information Entity Name * ADAMS COUNTY Entity ID* @00000137 Contract Name IGA BETWEEN WELD COUNTY, ADAMS COUNTY AND CITY OF THORNTON FOR A TRAFFIC SIGNAL AT WCR 2 AND WCR 13 Contract Status CTB REVIEW O New Entity? Contract ID 8111 Contract Lead * DDUNKER Contract Lead Email ddunker@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description * IGA BETWEEN WELD COUNTY (25%), ADAMS COUNTY (25%) AND CITY OF THORNTON (50%) TO DESIGN AND INSTALL A TRAFFIC SIGNAL AT WCR 2 AND WCR 1 3. THE IGA ALSO COVERS THE ANNUAL MAINTENANCE AND OPERATION (ELECTRICAL) COSTS. Contract Description 2 Contract Type * AGREEMENT Amount* $17,075.00 Renewable* NO Automatic Renewal NO Grant NO IGA YES Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM IGA Deadline Date Requested BOCC Agenda Due Date Date* 05/11/2024 05/15/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date" Renewal Date 06/14/2024 05/07/2024 Termination Notice Period Committed Delivery Date Expiration Date" 05/15/2045 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/22/2024 05/23/2024 05/23/2024 Final Approval BOCC Approved Tyler Ref # AG 060324 BOCC Signed Date Originator DDUNKER BOCC Agenda Date 06/03/2024 Hello