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RESOLUTION NO. 1 SERIES 2019 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR SHARING OF COSTS OF QUIET ZONE PROJECT CONSTRUCTION SERVICES BETWEEN THE CITY OF LOUISVILLE AND THE CITY OF LAFAYETTE WHEREAS, the cities of Louisville and Lafayette (the "Parties") desire to establish a quiet zone area along the BNSF rail line from Baseline Road in Lafayette to Pine Street in Louisville, which will include improvements at four highway rail crossings, three of which are in Louisville and one of which is at Baseline Road in Lafayette (the "Project"), and WHEREAS, the Project consists of two phases: (1) a "Design Phase," which consists of engineering, design and permitting for the four quiet zone locations and which was completed in 2018, and (2) a "Construction Phase," which will consist of the construction of the quiet zone improvements and which is intended to be completed in 2019; and WHEREAS, Louisville has applied for and received or will receive a federal Surface Transportation Improvement Program grant of an estimated amount of $1,556,138 (the "Grant") to complete the Design and Construction Phases of the Project and has or will enter into a grant agreement with the Colorado Department of Transportation ("CDOT") for the Project; and WHEREAS, the Grant requires a local match of an estimated amount of $323,483 in matching funds as a condition of receiving the Grant; and WHEREAS, on February 21, 2017, the Parties entered into an IGA confirming their intent to undertake the Project addressing the sharing of costs for the Design Phase of the Project, and acknowledging the Parties' intent to enter into a future agreement to address the Construction Phase of the Project; and WHEREAS, C.R.S. § 29-1-201, et seq., authorizes and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with one another to provide any function, service, or facility lawfully authorized to each, including contracting for the sharing of costs; and WHEREAS, there has been proposed an Intergovernmental Agreement for Sharing of Costs of Quiet Zone Project Construction Services ("Agreement") to identify the allocation of the cost of local matching funds for the Construction Phase of the Project, and to establish the process by which such allocation and payment of matching funds will be accomplished, and WHEREAS, per the Agreement, Louisville will oversee the completion of the Construction Phase of the Project, will be the lead agency with respect to contracting and communicating with CDOT, and will be solely responsible for all contracting, supervisory and administrative matters Resolution No. 1, Series 2019 Page 1 of 2