20-35 IGA Highway Access Control Plan 03-25-2020OLA #: 351001591
Routing #: 20-HA4-XE-03004
1
INTERGOVERNMENTAL AGREEMENT
AMONG
THE TOWN OF LYONS, THE CITY OF LONGMONT,
THE TOWN OF MEAD, THE TOWN OF FIRESTONE,
THE COUNTY OF BOULDER, THE COUNTY OF WELD,
AND
THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
THIS AGREEMENT (hereinafter referred to as the "Agreement") is entered into effective as of the
date defined below by and among the Cities/Towns of Lyons, Longmont, Mead, and Firestone and the
Counties of Boulder and Weld (hereinafter referred to collectively as the "Cities and Counties"), and the
State of Colorado, Department of Transportation (hereinafter referred to as the "Department"), said parties
being referred to collectively herein as the "Agencies."
RECITALS:
WHEREAS, The Agencies are authorized by the provisions of Article XIV, Section 18(2)(a),
Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each other for
the performance of functions that they are authorized by law to perform on their own; and
WHEREAS, Each Agency is authorized by Section 43-2-147(1)(a), C.R.S., to regulate access to
public highways within its jurisdiction; and
WHEREAS, The coordinated regulation of vehicular access to public highways is necessary to
maintain the efficient and smooth flow of traffic without compromising pedestrian and alternative modes
of transportation circulation, to reduce the potential for traffic accidents, to protect the functional level and
optimize the traffic capacity, to provide an efficient spacing of traffic signals, and to protect the public
health, safety and welfare; and
WHEREAS, The Agencies desire to provide for the coordinated regulation of vehicular access for
the section of United States Highway 36 between McConnell Drive (M.P 21.00) and Highland Drive (M.P.
21.764), and the section of Colorado State Highway 66 between Highland Drive (M.P. 28.693) and Weld
County Road 19 (M.P. 47.912) (hereinafter referred to as the "Segment"), which is within the jurisdiction
of the Agencies; and
WHEREAS, The Agencies desire to collaborate to assure all transportation modes including
pedestrian, bicycle, vehicle, and mass transit are given sufficient consideration and adequate funding
support with each transportation improvement project that affects access within the identified project limits;
and
WHEREAS, The Agencies are authorized pursuant to Section 2.12 of the 2002 State Highway
Access Code, 2 C.C.R. 601-1 (the “Access Code”) to achieve such objective by written agreement among
themselves adopting and implementing a comprehensive and mutually acceptable highway access control
plan for the Segment for the purposes recited above; and
DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E
OLA #: 351001591
Routing #: 20-HA4-XE-03004
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WHEREAS, The development of this Access Control Plan adheres to the requirements of the Access Code,
Section 2.12.
NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein
contained, the Agencies agree as follows:
1. The Access Control Plan dated March 2020 for the Segment (hereinafter referred to as the “Access
Control Plan”) is attached hereto as Exhibit A and incorporated herein.
2. The Agencies shall regulate access to the Segment in compliance with the Access Control Plan, the
Highway Access Law, section 43-2-147, C.R.S., (the “Access Law”) and the applicable sections of
the Access Code. Vehicular access to the Segment shall be permitted when such access is in
compliance with the Access Control Plan, the Access Law and the applicable sections of the Access
Code.
3. Accesses that were in existence in compliance with the Access Law prior to the effective date of this
Agreement may continue in existence until such time as a change in the access is required by the
Access Control Plan or in the course of highway reconstruction. When closure, modification, or
relocation of access is necessary or required, the Agency(ies) having jurisdiction shall utilize
appropriate legal process to affect such action.
4. Actions taken by any Agency with regard to transportation planning and traffic operations within the
areas described in the Access Control Plan shall be in conformity with this Agreement. Per Section
2.12 (3) of the Access Code, design waivers may be approved if agreed upon by the Agencies having
jurisdiction.
5. Parcels of real property created after the effective date of this Agreement that adjoin the Segment
shall not be provided with direct access to the Segment unless the location, use and design thereof
conform to the provisions of this Agreement.
6. This Agreement supersedes and controls all prior written, oral agreements, and representations of the
Agencies and constitutes the whole agreement between them with respect to regulating vehicular
access to the Segment. No additional or different oral representation, promise or agreement shall be
binding on either Agency. This agreement may be amended or terminated only in writing executed
by the Agencies with express authorization from their respective governing bodies or legally
designated officials. Upon thirty-day notice, any party to this Agreement may withdraw from the
Agreement in writing, without consent of the other party. To the extent the Access Control Plan,
attached as Exhibit A to this Agreement, is modified by a change, closure, relocation, consolidation
or addition of an access, the Agencies may amend the attached Exhibit A so long as the amendment
to the Access Control Plan is executed in writing and amended in accord with the Access Law and
Access Code. The Access Control Plan Amendment Process has been included in Exhibit B. This
Agreement is based upon and is intended to be consistent with the Access Law and the Access Code
as now or hereafter constituted. An amendment to either the Access Law or the Access Code that
becomes effective after the effective date of this Agreement and that conflicts irreconcilably with an
express provision of this Agreement may be grounds for revision of this Agreement.
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OLA #: 351001591
Routing #: 20-HA4-XE-03004
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7. This Agreement does not create any current financial obligation for any Agency. Any future financial
obligation of any Agency shall be subject to the execution of an appropriate encumbrance document,
where required. Agencies involved in or affected by any particular or site-specific undertaking
provided for herein will cooperate with each other to agree upon a fair and equitable allocation of the
costs associated therewith, however, notwithstanding any provision of this Agreement, no Agency
shall be required to expend its public funds for such undertaking without the express prior approval
of its governing body, director, and if required, state controller. All financial obligations of the
Agencies hereunder shall be contingent upon sufficient funds therefore being appropriated, budgeted,
and otherwise made available as provided by law.
8. Should any one or more sections or provisions of this Agreement be judicially determined to be
invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining
provisions of this Agreement, the intention being that the various provisions hereof are severable.
9. By signing this Agreement, the Agencies acknowledge and represent to one another that all
procedures necessary to validly contract and execute this Agreement have been performed, and that
the persons signing for each Agency have been duly authorized by such Agency to do so.
10. No portion of this Agreement shall be deemed to constitute a waiver, express or implied, of any of
the immunities, rights, benefits, protections or other provisions of the Colorado Governmental
Immunity Act, C.R.S. Section 24-10-101, et. seq. Nor shall any portion of this Agreement be deemed
to have created a duty of care that did not previously exist with respect to any person not a party to
this Agreement.
11. 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 this 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.
12. This Agreement may be executed in counterparts, each of which shall be deemed an original and all
of which together shall constitute one original Agreement. Facsimile signature shall be as effective
as an original signature.
13. Term and Effective Date. The Effective Date of this Agreement shall be the date of the last party to
sign. This Agreement shall terminate fifty (50) years from the Effective Date unless sooner terminated
or further extended, in writing, by the Agencies.
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Routing #: 20-HA4-XE-03004
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IN WITNESS WHEREOF, the Agencies have executed this Agreement effective as of the day and
year of the last party to sign.
Town of Lyons, Colorado
_______________________________________________
Nicholas Angelo, Mayor, Town of Lyons Date
City of Longmont, Colorado
_______________________________________________
Brian Bagley, Mayor, City of Longmont Date
Town of Mead, Colorado
________________________________________________
Colleen G. Whitlow, Mayor, Town of Mead Date
Town of Firestone, Colorado
________________________________________________
Bobbi Sindelar, Mayor, Town of Firestone Date
County of Boulder, Colorado
_________________________________________________
Deb Gardner, Commissioner, County of Boulder Date
DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E
7/15/2020
7/17/2020
7/20/2020
9/1/2020
10/6/2020
OLA #: 351001591
Routing #: 20-HA4-XE-03004
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County of Weld, Colorado
_________________________________________________
Mike Freeman, Commissioner, County of Weld Date
State of Colorado
Department of Transportation
_________________________________________________
Heather Paddock, Region 4 Date
Regional Transportation Director
State of Colorado
Department of Transportation
_________________________________________________
Stephen Harelson, P.E., Chief Engineer Date
DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E
10/13/2020
10/13/2020
10/13/2020
OLA #: 351001591
Routing #: 20-HA4-XE-03004
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“EXHIBIT – A”
UNITED STATES HIGHWAY 36 AND COLORADO STATE HIGHWAY 66
(US 36 MP 21.00-MP 21.764 AND CO 66 MP 28.693-MP 47.912)
ACCESS CONTROL PLAN
March 2020
Town of Lyons, City of Longmont, Town of Mead, Town of Firestone, Boulder County, Weld
County, and the State of Colorado Department of Transportation
I. PURPOSE
The purpose of this Access Control Plan (ACP) is to provide the Agencies with a comprehensive roadway
access control plan for the pertinent segment of United States Highway 36 between McConnell Drive
(M.P 21.00) and Highland Drive (M.P. 21.764), as well as the section of Colorado State Highway 66
between Highland Drive (M.P. 28.693) and Weld County Road 19 (M.P. 47.912).
II. AUTHORITY
The development of this Access Control Plan was completed pursuant to the requirements of the Access
Code, Section 2.12, and adopted by the attached Agreement.
III. RESPONSIBILITIES
It is the responsibility of each of the Agencies to this Agreement to ensure that vehicular access to the
Segment shall only be in conformance with this Agreement. The cost of access improvements, closures
and modifications shall be determined pursuant to section 43-2-147(6) C.R.S., the Agreement, and this
Access Control Plan. All access construction shall be consistent with the design criteria and
specifications of the Access Code.
IV. EXISTING AND FUTURE ACCESS
A. The attached table provides a listing of each existing and future access point in the Segment. For
each access point the following information is provided: location, description of the current
access status, the future configuration (Access Plan), and the condition(s) for change. All access
points along United States Highway 36 and Colorado State Highway 66 are defined by the
approximate Department reference point (in hundredths of a mile) based on CDOT Highway
Segment Description Mileposts. All access points are located at the approximate centerline of the
access (+/- 50 feet) unless otherwise noted in the Access Control Plan and associated tables.
Exhibits graphically illustrating the Access Plan are attached for reference. In case of
discrepancy, the Access Control Plan Table takes precedence.
B. All highway design and construction will be based on the assumption that the Segment will have
a sufficient cross section to accommodate all travel lanes and sufficient right-of-way to
accommodate longitudinal installation of utilities.
V. ACCESS MODIFICATION
Any proposed access modification including but not limited to an addition must be in compliance with
this Agreement and the current Access Code design standards unless the Agency or Agencies having
jurisdiction approves a design waiver under the waiver subsection of the Code.
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Any access described in this section, which requires changes or closure as part of this Agreement or if
significant public safety concerns develop, including but not limited to, when traffic operations have
deteriorated, a documented accident history pattern has occurred, or when consistent complaints are
received, may be closed, relocated, or consolidated, or turning movements may be restricted, or the access
may be brought into conformance with this Access Control Plan, when a formal written request
documenting reasons for the change is presented by the Agency(ies) having jurisdiction, with Department
concurrence, or in the opinion of the Department, with the appropriate jurisdictional agency’s
concurrence, any of the following conditions occur:
a. The access is determined to be detrimental to the public’s health, safety and welfare;
b. the access has developed an accident history that in the opinion of the Agency(ies) having
jurisdiction or the Department is correctable by restricting the access;
c. the access restrictions are necessitated by a change in road or traffic conditions;
d. there is an approved (by the Agency(ies) having jurisdiction) change in the use of the
property that would result in a change in the type of access operation as defined by the
Access Code;
e. a highway reconstruction project provides the opportunity to make highway and access
improvements in support of this Access Control Plan; or
f. the existing development does not allow for the proposed street and road network.
Access construction shall be consistent with the design and specifications of the current State Highway
Access Code.
DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E
OLA #: 351001591
Routing #: 20-HA4-XE-03004
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“EXHIBIT - B”
UNITED STATES HIGHWAY 36 AND COLORADO STATE HIGHWAY 66
(US 36 MP 21.00-MP 21.764 AND CO 66 MP 28.693-MP 47.912)
ACCESS CONTROL PLAN
AMENDMENT PROCESS
1. A request for an amendment of the Access Control Plan must be initiated by one of the Agencies.
The initiating Agency will be responsible for the costs associated with completing and
documenting the Amendment.
2. Amendment requests must be submitted to and agreed upon by the affected jurisdictions:
Department staff, City staff and/or County staff of the Intergovernmental Agreement, depending
on the property location. The property or properties that are directly affected by the proposed
amendment must be located within a jurisdiction’s boundaries or within the boundaries of a
legally recognized planning area, such as a Growth Management Area, for the jurisdiction to be
considered an affected jurisdiction.
3. An amendment request shall include hard copy and electronic files of the following:
a) Description of changes to the Access Control Plan requested
b) Justification for the Amendment
c) Traffic Impact Study or analysis, depending upon the magnitude of the change requested.
Any affected jurisdiction of the Intergovernmental Agreement can request this supporting
documentation.
d) Amended Access Control Plan Table
e) Amended Access Control Plan Exhibit(s)/Map(s)
4. The Agencies shall review the submittal concurrently for completeness and for consistency with
the access objectives, principles, and strategies described in the Colorado State Highway 66
Access Control Plan (March 2020) executive summary and Appendix for this corridor and with
the design criteria and permit process of the State Highway Access Code.
5. Prior to approval of an amendment, all property owners directly affected by the amendment must
be notified in writing and be given thirty (30) calendar days to state any objections. If an
objection is lodged, approval of the amendment must be referred to the Agencies respective
governing bodies. Depending on the magnitude of the change requested, a public meeting may
be required. Any affected jurisdiction of the Intergovernmental Agreement can request a public
meeting. The Agency initiating the amendment request shall be responsible for all public
notification and public process, unless otherwise agreed to by the Agencies.
6. Amendments must be approved in writing by the following authorized designated officials:
Regional Transportation Director for the Department, the City Manager and/or County Manager.
At the authorized designated official’s discretion, approval may be referred to their respective
governing bodies: Chief Engineer for the Department and local elected officials for the City and
County.
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7. A written amendment must include the following:
a) Declarations page defining the parties, effective date, and details of the amendment.
Refer to sample amendment attached to this Exhibit as Exhibit C.
b) Signatures page for authorized designated officials. Refer to Exhibit C.
c) Amended Access Control Plan table and exhibits. Table and exhibits should be replaced
in their entirety.
A signed amendment must be attached to the original Intergovernmental Agreement.
If a minimum of 66% (aka, five) of the affected jurisdictions of the Intergovernmental
Agreement do not come to agreement on a proposed amendment, the content of the original
Access Control Plan remains intact.
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OLA #: 351001591
Routing #: 20-HA4-XE-03004
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“EXHIBIT – C”
SAMPLE AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
AMONG THE TOWN OF LYONS, THE CITY OF LONGMONT,
THE TOWN OF MEAD, THE TOWN OF FIRESTONE,
THE COUNTY OF BOULDER, THE COUNTY OF WELD,
AND THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
DATED
WHEREAS:
The Town of Lyons, the City of Longmont, the Town of Mead, the Town of Firestone, the County of
Boulder, and the County of Weld (hereinafter referred to collectively as the “Cities and Counties”) and the
State of Colorado, Department of Transportation (hereinafter referred to as the “Department”), said parties
being referred to collectively herein as the “Agencies”, entered into an Agreement on
, 2020 to adopt an Access Control Plan dated March, 2020 for the section of United States Highway
36 between McConnell Drive (M.P 21.00) and Highland Drive (M.P. 21.764), and the section of Colorado
State Highway 66 between Highland Drive (M.P. 28.693) and Weld County Road 19 (M.P. 47.912)
(hereinafter referred to as the "Segment").
The Agencies desire to amend this Agreement in accordance with the attached table for the Segment.
NOW, THEREFORE, the Agencies do hereby agree:
The Agreement and the terms and conditions therein shall remain unchanged other than those
sections and exhibits listed below:
The attached table and exhibits for United States Highway 36 and Colorado State Highway 66 in
Exhibit A shall be replaced with the table attached to this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year of the
last party to sign.
Town of Lyons, Colorado
__________________________________________
Town Administrator Date
City of Longmont, Colorado
__________________________________________
City Manager Date
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Town of Mead, Colorado
__________________________________________
Town Manager Date
Town of Firestone, Colorado
__________________________________________
Town Manager Date
County of Boulder, Colorado
_________________________________________
County Manager Date
County of Weld, Colorado
__________________________________________
Commissioner Date
State of Colorado, Department of Transportation
__________________________________________________
Region 4 Regional Transportation Director Date
State of Colorado
Department of Transportation
_________________________________________________
Stephen Harelson, P.E., Chief Engineer Date
DocuSign Envelope ID: 2C2CF5D8-2911-4E78-A8AE-4B6A7A94C78E