HomeMy WebLinkAbout20250229.tiffResolution
Approve Amendment #1 to Contract for Interstate 76 and County Road 8
Interchange Review Project and authorize Chair to sign
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 Amendment #1 to the Contract for the
Interstate 76 and County Road 8 Interchange Review 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 Colorado Department of
Transportation, commencing upon full execution of signatures, and ending April 12, 2031,
with further terms and conditions being as stated in said amendment, and
Whereas, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Contract for the Interstate 76 and County Road 8
Interchange Review 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 Colorado Department of Transportation, be, and hereby is,
approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said amendment.
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 22nd day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc : FI(cP/ER), P(4@M/DW/DD/58)
02/14/25
2025-0229
EG0083
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BOCC STAFF USE
Date Set: Time:
BOARD OF COUNTY COMMISSIONERS
WORK SESSION REQUEST
WORK SESSION TITLE: Amended Agreements (CDOT & BNSF) and Grant Update
DEPARTMENT: Finance DATE: 1/7/2025
PERSON REQUESTING: Elizabeth Relford EXTENSION: 3748
Has your Commissioner Coordinator or BOCC Chair approved the work session?
Yes, Commissioner Coordinator
X Yes, BOCC Chair
Recommended length of time needed for discussion:
15 minutes X 30 minutes other (list):
In addition to yourself and the board, please list who should attend:
Rich Werner (Upstate), Cheryl Pattelli, Jill Scott, Bruce Barker, Karin McDougal, Jennifer Finch, and Curtis Hall.
Brief description of the issue: Informational only x Action needed
Weld County entered into an initial IGA with the Colorado Department of Transportation on April 28, 2021, to be the
1601 Applicant for a proposed new interchange 011-76 and WCR 8 in the amount of $15,000. This amount covered
CDOT's costs to review the Systems Level Study required for approval by the Transportation Commission (TC),
which was approved on March 21, 2024. This date starts the three (3) year timeline for us to demonstrate significant
progress towards implementation of the project.
Weld County entered into a similar billable agreement with BNSF for this same amount ($15,000) on January 27,
2021. To date, the remaining balance is $260.95.
Now the project is moving into the interchange design phase. Therefore, both the CDOT and BNSF Agreements need
to be amended to reflect CDOTs costs for interchange design review. CDOT is estimating that cost to be $235,516.
Please see the attached amended agreements. While Weld County is the applicant for this project, the funds for this
effort pass through us because BNSF cannot contract with CDOT as the applicant.
Staff is requesting to place both Agreements on the next available BOCC agenda for your consideration.
Lastly, Weld County applied for a Rural Surface Transportation Program (RSTP) grant on May 6, 2024, requesting
$144,000,000 in federal funding, with BNSF contributing $36,000,000 for a total project cost of $180,000,000 to
construct the interchange. We were unsuccessful in securing Fiscal Year 25/26 grant funds and will be scheduling a
debrief with US DOT to better understand how we can improve the application for a future funding cycle.
Upstate Colorado continues to coordinate with BNSF on this effort and can provide a next step discussion for this
partnership effort.
Options for the board:
1. Approve placing both agreements on the next available next available BOCC agenda.
2. Modify staffs recommendation with an alternative solution.
Recommendation to the board:
Staff recommends option one for the Board.
**Please be sure to have all materials to Karla Ford by a minimum of one day prior to the scheduled work session
for inclusion into electronic work session packets to be viewed on the Board's laptops. * *
2025-0229
1/2.2 Ec-,p0S-3
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OLA #: 331002438
Routing #: 21-HA4-XC-00080-M0001
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: CC 0761-243 (24358)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
21-HA4-XC-00080-M0001
Local Agency
COUNTY OF WELD
Original Agreement Routing Number
21-HA4-XC-00080
Agreement Maximum Amount
$250,516.00
Agreement Performance Beginning Date
May 08, 2021
Initial Agreement Expiration Date
April 12, 2031
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Pariv authorizine his or her signature.
STATE OF COLORADO
Jared S. Polls, Governor
Department of Transportation
Shoshana ow„ fictive Director
Skf fUAdt
Keith Stef i0 6 ff, i PEngineer
2/4/2025
Date:
By:
LOCAL AGENCY
COUNTY OF WELD
% Signed by: � / �
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SECOND LOCAL AGENCY SIGNATURE, IF NEEDED
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COUNTY OF WELD Gsidcro
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Lesg,u,
By: SFFAARCFCR7AARC.
Name:
Title:
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*Signature
Perry L Buck
*Signature
Esther Gesick
Name:
(Print Name)
Chair
(Print Name)
Title: Clerk to the Board
Date:
(Print Title)
2/3/2025
(Print Title)
Date: 2/4/2025
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
By:
STATE CONTROLLER
Robert Jaro,g9BM 04BA, JD
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Department of Transportation
2/4/2025
Amendment Effective Date:
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OLA #: 331002438
Routing #: 21-HA4-XC-00080-M0001
1) PARTIES
This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the "Agreement") is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The Parties entered into the Agreement for the I-76/WCR 8 Interchange project. The Parties now desire to
update the Scope of Work and increase the Local Agency contribution.
5) MODIFICATIONS
The Parties desire to:
a) Replace Exhibit A with Exhibit A-1, which is attached hereto. Any reference in the original
Agreement to Exhibit A shall now be a reference to Exhibit A-1.
b) Increase the Local Agency contribution from $15,000.00 by $235,516.00 to a new Local Agency
contribution of $250,516.00.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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EXHIBIT A-1
Roadway, Pavement & Structural Design; ROW Acquisition; Environmental; Hydraulics;
Phasing/Traffic Control; & Traffic Interchange Access Request
Scope of Work
The Colorado Department of Transportation (CDOT) will be issuing an access permit (Access
Permit) for this project. This scope of work will formalize pre -construction expectations and
services. A separate scope of work will be developed for the construction, post -construction
phases, and a separate Intergovernmental Agreement (IGA) will be prepared for on -going
maintenance and operation of the interchange and accessory roads and facilities (i.e. ponds,
bridges, etc.), as well as property transfer of the needed ROW to CDOT.
Weld County will serve as the local government Access Permit Applicant (Applicant) on behalf
of Burlington Northern Santa Fe Railroad (BNSF) for the design of the 1-76 & WCR 8
Interchange.
Access Permit Applicant and Authorized Agent Commitments
A. Design/Pre-construction
• The Access Permit Applicant (Applicant) or authorized agent (Felsburg Holt & Ullevig)
is responsible for ensuring all required environmental documents have been obtained.
All work performed within the CDOT right-of-way must conform to all applicable state,
federal, county and local municipalities environmental regulations, specifications,
standards and requirements.
It is the Applicant's responsibility to produce all required environmental documentation
and supporting studies.
The Applicant will be responsible for:
o performing the project work in accordance with the requirements of the current
federal and state environmental regulations including the National Environmental
Policy Act of 1969 (NEPA) and Uniform Relocation Assistance and Real Property
Acquisition Act as applicable (including public outreach).
ensuring all resources are reviewed including noise, hazardous materials — Initial
Site Assessment/Modified Environmental Site Assessment, Federally Threatened
and Endangered and State Listed Species, wetland delineations, paleontology,
archeology, history, Section 6(f), Raptor/Migratory Birds, Environmental Justice,
Visual, Noxious Weed Management, Air Quality, Floodplain development,
stormwater construction, and land use.
ensuring all required environmental documentation/permits are obtained.
prepare and provide right of way plans, roadway plans, stormwater construction
plans, and environmental specifications. CDOT will be given the opportunity to
review and provide feedback.
The Applicant shall submit a record of environmental permits and compliance
documentation to CDOT as requested or before issuance of the Access Permit.
Preparation of the Interchange Access Request (IAR) Report.
CDOT Commitments
A. Design/Pre-construction
• The Access Permit includes a new interchange along Interstate 76. Since this permit is
not a CDOT project and was not included in the 10 -Year Plan, it is not deemed
Exhibit A-1 - Page 1 of 3
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regionally significant and is exempt from the CDOT greenhouse gas (GHG) planning
regulations.
CDOT will provide comments and final approval on pavement/materials and structure
designs, roadway and structural plans & specifications, phasing and traffic control plans,
stormwater plans & specifications, and environmental specifications through each phase
of the project design.
CDOT will provide feedback comments, and final approval of the proposed CDOT ROW
/ "A -Line" for the portion of the roadway to be owned and maintained by CDOT.
CDOT will coordinate with BNSF and the local agencies regarding the devolution of the
frontage road. BNSF and Weld County will take the lead in the design of the new
alignment, access negotiations with the property owners, and any costs associated with
the devolution of said frontage road.
CDOT will not be a co -applicant on any of the environmental construction permits. All
contractual requirements of the environmental permits will be the responsibility of the
Applicant.
The 128 Form is not an NEPA document and is used for documenting compliance by the
applicant for the Access Permit.
Weld County Contribution:
$15,000.00 — Original Agreement
$235,516.00 — Additional amount added by Amendment #1
$250,516.00 — Total Weld County Contribution
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A-1 - Page 2 of 3
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Original Scope of Work
from executed OLA May 08, 2021
The Colorado Transportation Commission has directed in Policy Directive 1601 that all requests for new
interchanges and major improvements to existing interchanges be reviewed and evaluated in a fair and
consistent manner, and that sufficient information is available to make an informed decision. Finally, in
order to clarify expectations and reduce the likelihood of misunderstanding by both CDOT and the
applicant, this procedural directive requires the development of an initial intergovernmental agreement
that identifies the procedural, timing, and cost expectations for any proposal.
Weld County will serve as the local government applicant on behalf of Burlington Northern Santa Fe
Railroad (BNSF) for the 1601 interchange process on the 1-76 & WCR 8 Interchange Review.
BNSF, in conjunction with Weld County, would like to seek approval for a future new highway
interchange to be located at Interstate 76 and County Road 8 in Weld County. This new highway
interchange will provide the needed access to the proposed BNSF Denver Logistics Park and Intermodal
Facility, which are anticipated to open in 2028 in Weld County, between the towns of Lochbuie and
Hudson. This proposed interchange will provide other important benefits including, but not limited to,
reducing future traffic burdens and congestion on adjacent highway interchanges, improving access to
local roads, and enhancing traffic safety.
This initial Intergovernmental Agreement (IGA), as required by Procedural Directive 1601.1,
establishes responsibilities of CDOT and Weld County in the 1601 process and serves as a
reimbursable agreement for CDOT review on the Interchange Request. Responsibilities are as
follows:
• Anticipated improvement type — This interchange request was determined to be a Type 1 at
the pre -application meeting held on October 28, 2020.
• Anticipated administrative and application costs — Weld County Contribution not to exceed
$15,000.00.
• Anticipated analytical procedures, identification of existing applicable studies — Weld County
in coordination with BNSF and BNSF's consultant will be the responsible party in
coordination with CDOT.
• Anticipated level of design detail — Weld County in coordination with BNSF and BNSF's
consultant will be the responsible party in coordination with CDOT.
• Anticipated schedule — Weld County in coordination with BNSF and BNSF's consultant will
develop and maintain the project schedule with milestones. The anticipated time -frame to
completion is one year.
• NEPA category — CDOT will determine NEPA category in coordination with FHWA
• Consistency with Regional and Statewide Plan(s) — Weld County in coordination with BNSF
and BNSF's consultant will be the responsible party in coordination with CDOT.
• Access Permitting Requirements — CDOT will establish the access permitting requirements.
Exhibit A-1 - Page 3 of 3
Contract Form
Entity Information
Entity Name*
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
@00003413
Q New Entity?
Contract Name* Contract ID
AMENDED CDOT IGA - I-76/WCR 8 INTERCHANGE 9037
CDOT ADMINISTRATIVE DESIGN REVIEW FEES
Contract Status
CTB REVIEW
Contract Lead *
ERELFORD
Contract Lead Email
erelford@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
WELD COUNTY IS THE APPLICANT FOR THE 1601 PROCESS FOR THIS NEW INTERCHANGE ON BEHALF OF BNSF
RAILWAY FOR THEIR NEW INTERMODAL RAIL FACILITY. WELD COUNTY WILL PAY CDOT THE AMOUNT TO REVIEW
THE DESIGN AND BNSF WILL REIMBURSE WELD COUNTY.
Contract Description 2
CDOT WILL INVOICE WELD COUNTY. FIRST AGREEMENT WAS FOR $1 5,000 AND THE ADDED AMOUNT IS
$235,516 FORA TOTAL AMOUNT OF $250,516.
Contract Type*
AGREEMENT
Amount*
$250,516.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
PUBLIC WORKS Date* 01/18/2025
01/22/2025
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
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
01/16/2026
Termination Notice Period
Contact Information
Committed Delivery Date
Expiration Date*
01/16/2026
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 01/17/2025
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
01/17/2025 01/17/2025 01/17/2025
Final Approval
BOCC Approved Tyler Ref #
AG 01 2225
BOCC Signed Date Originator
ERELFORD
BOCC Agenda Date
01/22/2025
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