HomeMy WebLinkAbout20251987.tiffResolution
Approve Intergovernmental Agreement for Design and Construction of
Multi -Purpose Trail Along County Road 26 Between Union Reservoir, Mead High
School, and Saint Vrain State Park, and Authorize Chair to Sign — Various Entities
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
Design and Construction of a Multi -Purpose Trai along County Road 26 between Union
Reservoir, Mead High School, and Saint Vrain State Park, 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, and the City of Longmont, the Town of
Mead, and the Town of Firestone, 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 Design and Construction of a
Multi -Purpose Trail along County Road 26 between Union Reservoir, Mead High School,
and Saint Vrain State Park, 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, and the City of Longmont, the Town of Mead, and the Town of Firestone,
be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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2025-1987
EG0083
Intergovernmental Agreement for Design and Construction of Multi -Purpose Trail Along
County Road 26 Between Union Reservoir, Mead High School, and Saint Vrain State
Park — Various Entities
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 14th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Excused
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1987
EG0083
Coviiva 1.1)491-i 31
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS AROUND TITLE: Weld County Road 26 Trail Design
DEPARTMENT: Public Works
PERSON REQUESTING: Evan Pinkham
DATE: 7/8/2025
Brief description of the problem/issue:
Weld County has been working with Longmont, Firestone, and Mead to develop an IGA for the Weld County
Road 26 Trail Design project. Longmont, Firestone, and Mead have approved the IGA, and will provide Weld
County with $25,000.00 in local match.
What options exist for the Board?
1. Approve the IGA.
2. Recommend changes to the IGA.
Consequences:
Weld County will not be able to receive local match funding for the project if the IGA is not approved.
Impacts:
Weld County is the project manager for the project, and will be receiving local match funds from Longmont,
Firestone, and Mead. IGA describes the roles and responsibilities of each jurisdiction.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
No cost to Weld County for the IGA.
Recommendation:
Staff recommends that the BOCC approve the IGA as is.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
oul ova
2025-1987
—IA 44 EC -10035
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF LONGMONT, TOWN OF MEAD, TOWN OF FIRESTONE,
AND WELD COUNTY FOR THE DESIGN AND CONSTRUCTION OF A
MULTIPURPOSE TRAIL BETWEEN UNION RESERVOIR, MEAD HIGH SCHOOL,
AND ST. VRAIN STATE PARK
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
this 14141 day of 3 �m , 2025 ("Effective Date"), by and between the
jurisdictions ("Parties") listed beldw:
City of Longmont, State of Colorado, by and through the City Council of Longmont, Colorado,
hereinafter referred to as "LONGMONT," with offices located at 350 Kimbark Street, Longmont,
Colorado 80501.
Town of Mead, State of Colorado by and through the Town Board of Trustees of Mead, Colorado,
hereinafter referred to as "MEAD," with offices located at 441 Third Street, Mead, Colorado
80542.
Town of Firestone, State of Colorado by and through the Town Board of Firestone, Colorado,
hereinafter referred to as "FIRESTONE," with offices located at 9950 Park Avenue, Firestone,
Colorado 80504.
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, Colorado, hereinafter referred to as "COUNTY," with offices located at 1150 `O' Street,
Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Parties provided a financial commitment to Weld County's Air
Quality/Multimodal (AQ/MM) application in 2022 in the amount of $25,000.00 each for the
Denver Regional Council of Governments (DRCOG) Fiscal Year (FY) 2022-2025 call for
projects; and
WHEREAS, the Parties assisted Weld County's AQ/MM application in receiving
$900,000.00 in federal funding to design a multipurpose trail along Weld County Road (WCR) 26
and WCR 7, between Union Reservoir, Mead High School, and St. Vrain State Park; and
WHEREAS, the Parties recognize that the design and construction of the multipurpose
trail mutually benefits all involved jurisdictions and the Parties agree to contribute financially to
the costs of such improvements as described herein, hereinafter referred to as "Project," as
identified in Exhibit A; and
WHEREAS, the Parties hereto desire to enter into this Agreement to define the roles and
responsibilities of each of the Parties regarding the completion of the Project as depicted in Exhibit
B; and
WHEREAS, all Parties are authorized to enter into intergovernmental agreements,
pursuant to C.R.S. § 29-1-203 and Colorado Constitution Article XIV § 18, for the purpose of
achieving greater efficiencies for the provision of services to the public.
1
NOW THEREFORE, in considieration of the above and the mutual promises and
covenants contained herein, the Parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the Effective Date first written above to
and until such time as the Project described herein shall be completed.
2. DESCRIPTION OF IMPROVEMENTS: The COUNTY will be responsible for Project
Management of the Project designs The Project will be designed using LONGMONT's
Design Standards and Criteria.
3. CONTRIBUTION BY PARTIES: LONGMONT, MEAD, and FIRESTONE each agrees
to pay the sum of $25,000.00 as a proportional share contribution for the Project to the
COUNTY by June 30, 2025.
4. PROJECT RESPONSIBILITIES: The Parties agree to perform the respective roles and
responsibilities assigned to each Party regarding the completion of the Project as
summarized and depicted in Exhibit) B.
5. PROJECT GRANTS: The Parties agree to cooperate with respect to seeking and applying
for grants to offset future Project construction costs.
iI
6. FINANCIAL OBLIGATIONS: This Agreement does not create a multiple fiscal year
direct or indirect debt or other finanlcial obligation. Pursuant to section 29-1-110, C.R.S.,
and the Colorado Constitution, all financial obligations of the Parties under this Agreement
are contingent upon appropriation budgeting, and availability of specific funds to
discharge such obligations. Any payment obligation is expressly dependent and
conditioned upon appropriation, budgeting, and availability of specific funds to discharge
such obligations.
7. ENTIRE AGREEMENT: This writing, together with any exhibits attached hereto,
constitutes the entire Agreement between the Parties hereto with respect to the subject
matter herein, and shall be binding upon said Parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said Parties.
8. ADDITIONAL DOCUMENTS: Each of the Parties agrees to provide such additional duly
executed agreements, documents and instruments that are within the scope of this
Agreement as may be necessary to assist with the completion of the Project, within the
discretion of each Party.
9. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned Parties
and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in the Agreement. It is the express intention of the
undersigned Parties that any entity other than the undersigned Parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
2
10. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, 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 hereto.
11. MODIFICATION AND BREACH: This Agreement contains the entire agreement and
understanding between the Parties of this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed
valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned Parties. No breach of any term, provision, or clause of this Agreement shall
be deemed waived or excused, unless such waiver or consent shall be in writing and signed
by the party claimed to have waived or consented. Any consent by any party hereto, or
waiver of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
12. NOTICES: All notices required herein shall be mailed via First Class Mail to the Parties'
representatives at the addresses set for below:
CITY OF LONGMONT
Attn: Sarah Krejca
7 S. Sunset Street
Longmont, CO 80501
Phone: 303-774-3680
TOWN OF FIRESTONE
Attn: Matthew G Thompson
9950 Park Avenue
Firestone, CO 80504
Phone: 303-531-6254
TOWN OF MEAD
Attn: Erika Rasmussen
441 Third Street
Mead, CO 80542
Phone: 970-805-4185
Copy to:
Town Attorney
Michow Guckenberger McAskin, LLP
5299 DTC Boulevard, Suite 300
Greenwood Village, CO 80111
WELD COUNTY
Attn: Evan Pinkham
1111 H Street
Greeley, CO 80632
Phone: 970-400-3727
Notwithstanding the foregoing, notice of routine matters related to this Agreement may be
accomplished by electronic mail on the condition that the recipient of the electronic mail
correspondence acknowledges receipt thereof.
3
13. NO WAIVER OF GOVERNMENTAL IMMUNITY: No portion of this Agreement shall
be deemed to constitute a waiver of any immunities the Parties or their officers, agents, or
employees may possess, including but not limited to the rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended ("CGIA"), nor shall any portion of this Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party to this
Agreement.
14. INSURANCE: Each Party is a "pubic entity" under the Colorado Governmental Immunity
Act, C.R.S. § 24-10-101, et seq., as amended, and shall always during the terms of this
Agreement maintain such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the Act. This insurance shall have minimum limits,
which shall match or exceed the maximum governmental liability limits set forth in C.R.S.
§ 24-10-114, as amended.
15. PROVISIONS CONSTRUED AS Tb FAIR MEANING: The provisions of the Agreement
shall be construed as to their fair Meaning, not for or against any party based upon any
attributes to such party of the source of the language in question.
16. AMENDMENTS: No party may in any way amend this Agreement or transfer it to a third
party without prior written consent of the other Parties.
17. COLORADO LAW: The laws of the State of Colorado shall govern this Agreement.
Venue for any action hereunder shall be in the District Court, County of Weld, State of
Colorado.
18. RELATIONSHIP OF PARTIES: The Parties enter into this Agreement as separate,
independent governmental entities and shall maintain such status throughout. This
Agreement does not and shall not be Iconstrued as creating a relationship of joint venturers,
partners, or employer -employee between the Parties.
19. AUTHORITY: The individuals exectting this Agreement represent that they are expressly
authorized to enter into this Agreement on behalf of the Parties and bind their respective
entities.
20. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each
of which shall constitute an original and all of which shall constitute one and the same
document.
21. ELECTRONIC SIGNATURES AUTHORIZED: The Parties specifically acknowledge
and agree that electronic signatures shall be effective for all purposes, in accordance with
the provisions of the Uniform Electronic Transactions Act, Title 24, Article 71.3 of the
Colorado Revised Statutes.
IN WITNESS WHEREOF, the Parties' hereto have executed this Agreement in duplicate of
the day and year first hereinabove written.
4
Docusign Envelope ID: 604C62D7-52A7-4602-A62A-11537C654796
CITY OF LONGMONT:
[DoeuSigned by:
jean, Put,.
MATZW.14....
ATTEST:
,--DoeuSigned by:
5/9/2025 111:29 AM MDT
IRittrertY CLERK DATE
APPROVED AS TO FORM:
Signed by:
OwwA,
5/6/2025 111:44 AM MDT
AS§T§T igrCITY ATTORNEY DATE
[-Signed by:
PROOFREAD DATE
C iM1diit,r
A7s g3D8ADDS176...
4/29/2025 111:46 AM MDT
APPROVED AS TO INSURANCE PROVISIONS:
Signed by:
VO4
RISK MANAGER
APPROVED AS TO FORM AND SUBSTANCE:
,--DocuSigned by:
5/8/2025 13:16 PM MDT
DATE
5/8/2025 18:43 AM MDT
'�-�AnsaecsnatiDaia.
ORIGINATING DEPARTMENT DATE
CA File: 24-003048
5
ATTEST:
TOWN OF MEAD CLERK
By:
To, rk or Deputy T .. `- *
f* .4701
5EA
o't•• .
/',Y',oi14147,il°1"
TOWN BOARD
,ol/za4,,,ebitYbo
Colleen G. Whitlow, Mayor
6
ATTEST:
TOWN OF FIRESTONE CLERK
By:
TOWN BOARD
--1
By:
TowClerTc T _ : on Conya
7
ATTEST: W.21:r4A) JeL;ti
WELD COUNTY CLERK TO THE
BOARD
By: 86AAj 01/
Deputy Clerk to the Board
8
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUL 1 4 2025
2025 - Icin
EXHIBIT A (PROJECT LOCATION MAP)
UNION RESERVOIR
City of Longmont
Phase 1
WCR 26 Multi -Use Trail Alignment Study
Project Location Map
Town of Mead
Phase 2
COUNTY ROAD 28
Town of Mead
Phase 2
Underpass
beneath WCR 26
Colorado Parks and Wildlife
Phase 2
Town of Mead
Phase 2
City. of Longmont
Phase
Bridge over St
Vrain Creek
Phase 2
Legend
• • •
Owner
Existing Trail Connection a Town of Mead - Phase 2
Town of Mead - Phase 2
• Future Trail
Parcel Boundaries
Future Iran alignment tieing aesigned aro
caeca -taxed by scattered Dinieet barn
City of Longmont - Phases 1
City of Longmont - Phase 2
City of Longmont - Phase 1
Cdorado Parks and Wildlife - Phase 2
Parcel Owners
Colorado Parks and Wildlife
State Land Board
City of Longmont
9
A
0 1 000 2.000
I
Feet
EXHIBIT B (PROJECT RESPONSIBILITES BY JURISDICTION)
Task Item
Jurisdiction
Project management of design for Phase 1 and Phase 2
Weld County
Acquisition of right of way (ROW) required for construction
Not determined at this
time. The Parties will
enter into a separate
agreement at the time
this is determined
Construction funding and administration (including permitting and other
related requirements) for Phase 1 trail, Crossing #1 (crossing at Elms at
Meadow Vale on WCR 26 east of WCR 5), and Crossing #2 (crossing at
WCR 26 and WCR 5.5)
City of Longmont
Construction funding and administration (including permitting and other
related requirements) for Phase 2 trail, Crossing #3 (crossing at Mead High
School on WCR 7 north of WCR 26) and Crossing #4 (crossing at Branding
Iron Way on WCR 7 north of WCR 28)
Not determined at this
time. The Parties will
enter into a separate
agreement at the time
this is determined
Ownership and maintenance of Phase 1 trail located on City of Longmont
ROW and City of Longmont owned property. (Note that WCR 26 and the
associated ROW west of Great Western Railway will be annexed to the City
of Longmont prior to construction of the Phase 1 trail)
City of Longmont
Ownership and maintenance of Phase 1 and Phase 2 trail located on Town
of Firestone ROW, underpass on WCR 26 west of WCR 7, Crossing #1
(crossing at Elms at Meadow Vale on WCR 26 east of WCR 5), and
Crossing #2 (crossing at WCR 26 and WCR 5.5)
Not determined at this
time. The Parties will
enter into a separate
agreement at the time
this is determined
Ownership and maintenance of Phase 2 trail along WCR 7 located north of
City of Longmont owned property, Crossing #3 (crossing at Mead High
School on WCR 7 north of WCR 26), and Crossing #4 (crossing at Liberty
Ranch on WCR 7 north of WCR 28)
Town of Mead
Ownership and maintenance of bridge over St. Vrain Creek and Phase 2 trail
located on Colorado Parks and Wildlife and Colorado State Land Board
owned property
Colorado Parks and
Wildlife
Ownership and maintenance of Phase 2 trail located on City of Longmont
owned property
City of Longmont
Ownership and maintenance of Phase 2 trail along WCR 7 located east and
north of City of Longmont owned property
Town of Mead, or Weld
County if development
occurs in unincorporated
Weld County
10
tt
Entity Information
Entity Name*
CITY OF LONGMONT
Entity ID*
@00005696
Contract Name*
IGA FOR WELD COUNTY ROAD 26 TRAIL DESIGN
PROJECT
Contract Status
CTB REVIEW
O New Entity?
Contract ID
9737
Contract Lead*
EPINKHAM
Contract Lead Email
epinkham@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
IGA BETWEEN WELD COUNTY, LONGMONT, MEAD, AND FIRESTONE REGARDING THE DESIGN OF THE WCR 26
TRAIL PROJECT.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
YES
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
CO U NTYATTO R N EY@W EL
D.GOV
IGA Deadline Date
Requested BOCC Agenda Due Date
Date* 07/12/2025
07/16/2025
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
Termination Notice Period
Contact Information
Review Date
07/01/2026
Committed Delivery Date
Renewal Date
Expiration Date*
07/01/2027
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 BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
07/09/2025 07/10/2025 07/10/2025
Final Approval
BOCC Approved Tyler Ref #
AG 071425
BOCC Signed Date Originator
EPI N KHAM
BOCC Agenda Date
07/14/2025
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