HomeMy WebLinkAbout20250230.tiffResolution
Approve Amendment #1 to Agreement for Reimbursement of Fees and Expenses
for 1601 Interchange Approval Process and authorize Chair to Sign — Burlington
Northern Santa Fe (BNSF) Railway 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 Amendment #1 to the Agreement for
Reimbursement of Fees and Expenses for the 1601 Interchange Approval Process
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
Burlington Northern Santa Fe (BNSF) Railway Company, 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 Agreement for Reimbursement of Fees and
Expenses for the 1601 Interchange Approval Process 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 Burlington Northern Santa Fe (BNSF)
Railway Company, 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 -Tern: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
cc : P(.)(CH/Du/DD/cv/SS)) Pi_ (ER)
.1 /29/2S
2025-0230
EG0083
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 at I-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 staff's 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. * *
2025-0230
I/ 2.2_ 6C-�OOg3
AMENDED AGREEMENT FOR REIMBURSEMENT OF FEES AND EXPENSES
FOR 1601 INTERCHANGE APPROVAL PROCESS
THIS AMENDED AGREEMENT FOR REIMBURSEMENT OF FEES AND EXPENSES FORA
THE 1601 INTERCHANGE APPROVAL PROCESS ("Agreement") is made and entered into this ZZO
day of J ywot , 2025 (the "Effective Date"), by and between WELD COUNTY,
COLORADO, a political subdivision of the State of Colorado (the "County"), and BNSF RAILWAY
COMPANY, a Delaware corporation (the "Developer"). The County and the Developer are collectively
referred to as the "Parties" and individually as a "Par ".
RECITALS:
A. The County and the Developer desire to seek approval for a new highway interchange to
be located at Interstate 76 and Weld County Road 8 in Weld County, Colorado (the "Roadway
Interchange").
B. In order to develop and construct the Roadway Interchange, the Parties must obtain
approval from the Transportation Commission and other authorized persons within the Colorado
Department of Transportation (collectively, the "CDOT Authorities") in accordance with the policy and
process set forth in CDOT's Policy Directive 1601.0 (the "1601 Process").
C. The 1601 Process requires that a local government unit serve as the project applicant to
apply for and obtain the necessary permits and approvals for interchanges from the CDOT Authorities.
D. The Developer has now requested that the County serve as the applicant to the CDOT
Authorities under the 1601 Process for the necessary permits and approvals for the Roadway Interchange
(collectively, the "Approvals"), and the County is willing to accommodate the Developer's request if the
Developer reimburses certain costs as set forth below.
E. The Transportation Commission approved the System Level Study (SLS) as part of the
1601 process on March 21, 2024, and County has three years to make significant progress towards
implementation of the project.
F. In order for the Developer to complete the Roadway Interchange design, this amended
Agreement will allow County to coordinate with CDOT Authorities on completing the 1601 Process.
AGREEMENT:
NOW, THEREFORE, in consideration of the recitals and mutual covenants herein contained, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. Services. In order to assist the Developer in applying for and obtaining the Approvals for
the Roadway Interchange, the County agrees to serve as the applicant on all applications and related
administrative documentation for any and all necessary review of the project by — and Approvals from —
the CDOT Authorities (the "Services").
2. Costs of the Services. The Parties agree that any out-of-pocket costs actually incurred by
the County in connection with the Services will be promptly reimbursed by the Developer up to a total of
Two Hundred Thirty -Five Thousand Five Hundred Sixteen Dollars ($235,516.00). The County shall
present any invoices related to the Services to the Developer (together with any other supporting
documentation or information that the Developer may reasonably request) for reimbursement within thirty
(30) days after receiving them. Notwithstanding the foregoing, the Developer acknowledges and agrees
that the Developer — and not the County — shall be responsible for engaging or otherwise hiring any
surveyors, engineers, negotiators, expert witnesses, attorneys, or other consultants or contractors in
connection with the Services. Likewise, the Developer — and not the County — shall be responsible for
preparing any and all applications and related responses and written material needed for the Approvals for
the County's signature.
3. Term. The term of this Agreement will commence on the Effective Date and will expire
upon the completion of the Services by the County as contemplated in Section 1 and reimbursement by the
Developer as contemplated in Section 2. Notwithstanding the foregoing, if the Developer determines in its
sole discretion that it no longer desires to develop the Roadway Interchange and obtain the Approvals, then
it may notify the County accordingly and terminate this Agreement.
4. Miscellaneous.
(a) Severability. If any provision of this Agreement is invalid, illegal, or unenforceable, such
provision shall be severable from the rest of this Agreement, and the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
(b) Governing Law. This Agreement shall be governed by and construed according to the laws
of the State of Colorado.
(c)
Recitals; Headings. The Recitals set forth above are incorporated into this Agreement by
this reference, and each Party represents that such Recitals are Elie and correct. However,
the headings of the sections of this Agreement are inserted for convenience only and shall
not be deemed to constitute a part hereof.
(d) Modifications. No amendments to or modifications of this Agreement shall be made or be
deemed to have been made, unless such amendments or modifications are made in writing
and executed by the Party to be bound thereby.
(e)
Further Assurances. The Parties shall cooperate with one another and use their
commercially reasonable efforts to carry out the Services contemplated by this Agreement.
Each Party shall, at any time and from time to time after the Effective Date, upon the
request of the other Party, execute, acknowledge, and deliver all such further instruments
or assurances as may be necessary, in the reasonable judgment of the requesting Party, to
carry out the provisions and intent of this Agreement.
(f) No Recording. This Agreement shall not be recorded in the office of the Weld County
Clerk and Recorder.
(g)
Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of each Party and their respective successors and assigns.
2
Time is of the Essence. Time is of the essence in this Agreement. Whenever a deadline in
this Agreement falls on a Saturday, Sunday, or federal or State of Colorado holiday, the
date will be extended to the next business day.
Counterparts/ Signatures. This Agreement may be executed in one or more counterparts,
each of which will be deemed an original. Executed copies hereof may be delivered by
facsimile or electronic delivery and, upon receipt, shall be deemed originals and binding
upon the Parties.
Notice. Any notice under this Agreement must be in writing. Notices must be either (i)
hand -delivered to the address set forth below for the Party; (ii) placed in the United States
certified mail, return -receipt requested, addressed to the Party as specified below; (iii)
deposited with a nationally recognized overnight delivery service, addressed to the Party
as specified below; or (iv) sent by email to the Party at the email address specified below,
provided that such email is followed with a copy sent by overnight delivery or regular mail
to the address specified below. Any notice is effective upon deposit with the U.S. Postal
Service or with the overnight delivery service, as applicable; all other notices are effective
when received. Either Party by notice so given may change the address to which future
notices shall be sent.
Notice to the County: Weld County Finance
1150 H Street
P.O. Box 758
Greeley, CO 80632-0758
Attn: Elizabeth Relford, Grants & Special Projects
Email: erelford@weld.gov
With copy to: Weld County
1150 O Street
Greeley, CO 80631
Attn: Bruce Barker, County Attorney
Email: bbarker@weld.gov
Notice to Developer: BNSF Railway Company
2500 Lou Menk Drive, MOB -2
Fort Worth, Texas 76131
Attn.: Lacy Kreger, Dir. Economic Development
Email: lacy.kreger@bnsf.com
With copy to: BNSF Railway Company
2500 Lou Menk Drive, AOB-3
Fort Worth, Texas 76131
Attn.: Shanna Cargill, Attorney
Email: shanna.cargill@bnsf.com
[Signatures on the following page.]
3
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective
Date.
COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO,
a political subdivision of the State of Colorado
Perry L. B , Chair JAN 2 2 2025
ATTEST: -.X- ) o"� = 1�4;ei
Clerk to the Board
B
Deputy Clerk to the Boar
DEVELOPER:
BNSF RAILWAY COMPANY,
a Delaware corporation
4
Contract Form
Entity Information
Entity Name*
BURLINGTON NORTHERN AND
SANTA FE RAILWAY
Entity ID*
@00018872
Contract Name *
AMENDED REIMBURSEMENT AGREEMENT FOR I-
76/WCR 8 PROJECT DESIGN
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9036
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
Contract Type* Department
AGREEMENT PUBLIC WORKS
Amount*
$235,516.00
Renewable*
NO
Automatic Renewal
Grant
IGA
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
Requested BOCC Agenda Due Date
Date* 01/18/2025
01/22/2025
Will a work session with BOCC be required?*
HAD
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
Contact Info
Review Date*
01/16/2026
Committed Delivery Date
Renewal Date
Expiration Date*
01/16/2026
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
.CURTIS HALL
DH Approved Date
01/17/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01/22/2025
Finance Approver
CONSENT
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
01/17/2025 01/17/2025
Tyler Ref*
AG 012225
Originator
ERELFORD
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