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RESOLUTION NO.27 SERIES 2022 A RESOLUTION APPROVING A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING THE DESIGN AND CONSTRUCTION OF THE 104TH STREET CONNECTOR TRAIL WHEREAS, Louisville, Lafayette, and Boulder County are parties to that certain 104th Street Connector Trail Intergovernmental Agreement, dated April 8, 2021 (the "Original Agreement"), for the design and construction of the 104th Street Connector Trail (the "Project"); and WHEREAS, under the Original Agreement, after taking the $475,000 State Multimodal Transportation Improvement grant award into account, the Parties each agreed to contribute a cash match totaling one-third (1/3) of the actual, total cost of the local share for the Project, not to exceed $328,500 for each of the Parties; and WHEREAS, the Project has now been advanced to a more detailed conceptual level, and the Parties have determined it prudent to construct the Project in two phases; and WHEREAS, the Parties have agreed upon a trail alignment for Phase 1, which is identified and depicted as "Alternative A" (highlighted in yellow) on Exhibit A to the proposed First Amendment (discussed below); and WHEREAS, the cost estimate for Phase 1 of the Project has risen from $1,460,500 (included a 10% contingency) to $2,513,153 (includes a 20% contingency to address increased market volatility); and WHEREAS, due to the increase in the estimated cost, the Parties have prepared a First Amendment to the Original Agreement to increase the Parties' financial commitments up to an additional $350,884 (including a 20% contingency) to complete Phase 1 of the Project; and WHEREAS, the additional $350,884 would be used to fund Phase 1 if the project does not get additional grant funding, or would be used to fund Phase 2 (defined below) if the project receives enough grant funding; and WHEREAS, the proposed First Amendment anticipates that the Parties would further evaluate the southern portion of trail from approximately the existing trailhead parking lot to approximately 1,500 feet to the north at what is now the oil/gas access road ("Phase 2"); and WHEREAS, should the Parties agree to design and construct Phase 2, the proposed First Amendment anticipates that the design and construction costs would be split equally among the Parties; and WHEREAS, the proposed First Amendment anticipates that the Phase 2 alignment may include one or some combination of the Alternatives B, C, and D shown on Exhibit A to the proposed First Amendment; and Resolution No. 26, Series 2022 Page 1 of 2