HomeMy WebLinkAbout20260660 Resolution
Approve Reimbursement Agreement for Preliminary Engineering Services for
Design of County Road 66 Corridor Project and Authorize Chair to Sign —
Union Pacific Railroad Company
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 a Reimbursement Agreement for
Preliminary Engineering Services for Design of the County Road 66 Corridor Project
between 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
Union Pacific Railroad Company, 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 Reimbursement Agreement for Preliminary Engineering Services for
Design of the County Road 66 Corridor Project between 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 Union Pacific Railroad Company, be, and
hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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 23rd day of March, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0660
EO0084
Con IDS-I u453
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: WCR 66 Corridor Project Union Pacific Railroad (UPRR) Reimbursement
Agreement Preliminary Engineering Services
DEPARTMENT: Public Works DATE: March 2, 2026
PERSON REQUESTING: Curtis Hall, Don Dunker, and Cameron Parrott
Brief description of the problem/issue:
UPRR requires Weld County to enter into an agreement to begin WCR 66 Corridor design affecting their
railroad tracks at US 85. The cost for the preliminary engineering design is $90,000 or 100% needed to
get a complete design.UPRR or their 3rd party will invoice the County with the actual costs as the design
progresses. The attorney's office has reviewed the agreement and found it acceptable.
What options exist for the Board?
• Option 1: Sign the agreement to allow the design to begin on the UPRR tracks within WCR 66 at
US 85.
• Option 2: Request a work session to discuss in more detail.
Consequences: If Option 1 is approved, Public Works can maintain the current project schedule. If
Option 2 is chosen, the design phase will be delayed, which may lead to delays for the project to start
construction in 2027 or 2028.
Impacts: Project delays will likely increase overall construction costs, resulting in a higher financial
burden on Weld County taxpayers.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years): Design costs should be used in 2026.
Recommendation: Public Works recommends that the Board sign the UPRR agreement for WCR 66 at
US 85 UPRR tracks to allow preliminary engineering design to begin as soon as possible.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey 37714
Lynette Peppier
Kevin D. Ross
2026-0660
3/Z3 E& OUS4
UPRR REMS
Project 778002
REIMBURSEMENT AGREEMENT
PRELIMINARY ENGINEERING SERVICES
Effective Date:
Estimate: $90,000.00
THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the
Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware
corporation (Railroad), and COUNTY OF WELD, COLORADO (Agency).
RECITALS
A. Agency desires to initiate the project more particularly described on Exhibit A
attached hereto (Project).
B. The Project will affect Railroad's track, right of way, or operations at or near the
Project area more particularly described on Exhibit A.
C. Railroad agrees to collaborate with Agency on the conceptualization and
development of the Project in accordance with the terms and conditions of this Agreement and
any federal regulations.
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to
perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary
engineering services work described on Exhibit B attached hereto (PE Work). Agency
acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or
specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and
future Railroad facilities and operations; (b) Railroad makes no representations or warranties as
to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c) Agency's
reliance on the PE Work is at Agency's own risk.
2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad
and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all
actual costs and expenses incurred for the PE Work. During the performance of the PE Work,
Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to
Agency based on actual costs in connection with the PE Work. After completion of the PE Work,
Railroad will submit (and/or will cause its third-party consultant to submit) a final billing to Agency
for any balance owed for the PE Work. Agency shall pay Railroad (and/or its third-party
consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and
final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact
information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or
its third-party consultant, as applicable)for the PE Work shall apply regardless of whether Agency
declines to proceed with the Project or Railroad elects not to approve the Project.
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3. Agency acknowledges and agrees that Railroad may withhold its approval for the
Project for any reason in its sole discretion, including without limitation, impacts to Railroad's
safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work
with Agency to develop final plans and specifications and prepare material and force cost
estimates for any Project related work performed by Railroad. Approval of any design submittal
shall not be construed as consent to the acquisition (or conveyance) of any property interest, nor
shall it be interpreted as a representation that any such acquisition (or conveyance) would be
compatible with or non-interfering with Union Pacific's current and future railroad operations.
4. If the Project is approved by Railroad, Railroad shall prepare and forward to
Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the
terms and conditions for the construction and ongoing maintenance of the Project. Unless
otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the
Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's
property or operations shall commence until the C&M Agreement is finalized and executed by
Agency and Railroad.
5. Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
6. No amendment or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties.
7. This Agreement sets forth the entire agreement between the parties regarding the
Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the
PE Work are inconsistent with the terms or provisions set forth in any existing agreement related
to the Project, such terms and provisions shall be deemed superseded by this Agreement to the
extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
Effective Date.
COUNTY OF WELD, COLORADO UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signa re MAR 2 Z026 Signature
Scott K. James Amber Stoffels
Printed Name Printed Name
Weld County Board of County Commissioner,
Chair Manager I, Industry & Public Projects
Title Title
Attest: -� '"
Clerk to the Board ,` '.•
B &1,
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Deputy Clerk to the B
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Exhibit A
Project Description and Location
Project Description
The County of Weld, Colorado, proposes to widen the crossing and install a interconnected
traffic signal near the location referenced below.
Location
Greeley Subdivision
Crossing
DOT Type Milepost Street Name
804846X Public 54.75 CR 66
Exhibit B
Scope of Project Services
Scope of work may include, but is not limited to the following:
• Field diagnostic(s) and inspections
• Review of construction documents (plans, specifications, etc.)
• Project design
• Preparation of Project estimate for force account or other work performed by the
Railroad
• Grade crossing inventory updates
• Meetings and travel
• Construction observation
Exhibit C
Billing Contact Information
Name Don Dunker
Title
Address 1111 H Street, Greeley, CO 80632
Work Phone (970) 400-3749
Cell Phone
Email ddunker@weld.gov
Agency
Project No.
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
UNION PACIFIC RAILROAD SUP-5748 aid linked here to add a
COMPANY ❑supplier in Workday.
Contract Name* Contract ID Parent Contract ID
WCR 66 CORRIDOR PROJECT UNION PACIFIC 10453
RAILROAD (UPRR) REIMBURSEMENT AGREEMENT Requires Board Approval
PRELIMINARY ENGINEERING SERVICES Contract Lead* YES
DDUNKER
Contract Status Department Project #
CTB REVIEW Contract Lead Email
ddunker@weld.gov
Contract Description*
UPRR REQUIRES WELD COUNTY TO ENTER INTO AN AGREEMENT TO BEGIN WCR 66 CORRIDOR ENGINEERING
DESIGN AFFECTING THEIR RAILROAD TRACKS AT US 85. THE COST IS $90,000 AND WILL BE PAID FOR
INCREMENTALLY AS WORK IS ONGOING UNTIL 100% OF THE DESIGN IS COMPLETE.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 03/14/2026
03/18/2026
Amount* Department Email
$90,000.00 CM- Will a work session with BOCC be required?*
PublicWorks@weld.gov NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be
CM-PublicWorks- included?*
Automatic Renewal DeptHead@weld.gov NO
Grant County Attorney
IGA GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY@WEL
D.GOV
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
03/11 /2027
Termination Notice Period Expiration Date*
Committed Delivery Date 1 2/31 /2028
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 CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/16/2026 03/17/2026 03/17/2026
Final Approval
BOCC Approved Doc ID#
AG 032326
BOCC Signed Date
Originator
BOCC Agenda Date DDUNKER
03/23/2026
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