HomeMy WebLinkAbout20251219.tiffResolution
Approve Agreement for Sale and Purchase of Wetland Mitigation Credits from Big
Thompson Confluence Mitigation Bank for Bridge 19/46.5A Replacement Project,
and Authorize Chair to Sign — Westervelt Ecological Services, LLC
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 an Agreement for the Sale and Purchase
of Wetland Mitigation Credits from the Big Thompson Confluence Mitigation Bank for the
Bridge 19/46.5A Replacement 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 Westervelt Ecological Services, LLC, 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 Agreement for the Sale and Purchase of Wetland Mitigation Credits
from the Big Thompson Confluence Mitigation Bank for the Bridge 19/46.5A Replacement
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 Westervelt Ecological Services, LLC, 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 7th day of May, 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 •. Q W �CH /ON/DO/t1E/S6� 2025-1219
O6 / i 1 /25 EG0083
Con}vac-F l� `� OS
BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW
PASS-AROUND TITLE: Bridge 19/46.5A Wetland Mitigation Credits Purchase
DEPARTMENT: Public Works DATE: April 22, 2025
PERSON REQUESTING: Michael Bedell, Don Dunker, and Curtis Hall
Brief description of the problem/issue:
This bridge project is located on WCR19 south of SH60 outside of Johnstown and is a total replacement
project. This project has a CDOT (Special Highway Committee) off-system bridge grant in the amount of
$500,000. It is anticspated that 0.04 acres of permanent impacts will occur to wetlands due to the Bridge
19/46.5A Replacement Project. Mitigation for these permanent impacts is proposed to be provided through the
purchase of 0.04 Wetland Mitigation Credits from the Big Thompson Confluence Mitigation Bank t� satisfy
CDOT's and EO 11990 Protection of Wetlands mitrgation requirements. Westervelt Ecologicaf Services, LLC
is the organization which provides the associated services, in the amount of $7,000.00.
What options exist for the Board?
1. Recommend approval for staff to move forward with purchase of the Wetland Credits.
2. Request a work session with staff to discuss this request.
Consequences:
Approval would resuft in the Public Works staff proceeding with purchase of the Wetland Credits required for
construction of the Bridge 19/46.5A Replacement Project.
Impacts:
Public Works anticipates the design phase of this project will be completed during the summer of 2025, and the
subsequent ROW/Easements acquisition phase will commence.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
This project is included within the most recently approved 5-year CIP and the total project cost has been
estimated at $10,430,860. The County Attorney's Office has reviewed and approved the Agreement.
Recommendation:
Public Works recommends authorization to purchase the Wetlands Credits.
Suaport Recommendation Schedule
Place on BOCC A�enda Work Session Other/Comments:
Perry L. Buck ��/
Scott K. James
Jason S. Maxey �..�
Lynette Peppler �
Kevin D. Ross �
2025-1219
5�� E�"1 �0$�
AGREEMENT FOR SALE OF MITIGATION CREDITS
BIG THOMPSON CONFLUENCE MITIGATION BANK
USACE File No. NWO-2016-00852-DEN
This Agreement ("Agreement") is entered into khis � day of 2025, by and
between WESTERVELT ECOLOGICAL SERVICES, LLC, a Deiaware limi liability compaay,
located at 602 Park Point Drive, Suite 265, Golden, CO 80401 ("Bank Owner") and WELD COUNTY,
located at 1 I50 O Street, Greeley, CO 80631 ("Project Applicant'�, jointly referred to as the ("Parties,")
as follows:
RECITALS
A. The Bank Ovmet has developed the Big 1'hompson Confluence Mitigation Bank ("Baok") located
in Weld County, Colorado; and
B. The Bank was approved by the US Atmy Cocps of Engineers ("USACE") on November 8'�,
2019, and is cutrendy in good standing with this agency; and
C. The Bank has received approval from the USACE to offer Wedand and Stream Mitigation
Credita (the "WeNand Mitigation Credits" and the "Stream Mitigation Credits," respectively, each of
which is sometimes refe�red to hereia as a"Midgation CrediY') for sale as compensation for the loss of
wetland and stream funotian througtt the Big Thompson Confluence Mitigation Banking Inshument
(Bank Agreement); and
D. Project Applicant is seeking to implement the project described in Exhibit "A" attached heroto
("Project'�, w6ich would unavoidably and adversely impact wetland resources, and seeks to compensate
for the loss of wetlands by purchasing Mitigation Credits from the Bank; and
E. Project Applicant desires, to purchase from the Bank 0.04 Wetlsnd MitlgaHon Credtts upon
confirmation by the Bank Owner of credit availability/adequate balance of credits remaining for sate; and
F. The minimum Mirigation Credit unit for purchase at the Bank is no less than one hundredth of a
credit; and
G. Project Applicant desires to purcbase from the Bank and the Bank desires to sell to Project
Applicant 0.04 Wetland MttfgsNon Credits.
NOW, THEREFORE, THE PART[ES AGREE AS FOLLOWS:
1. The Bank hereby sells to Project Applicant and Project Applicant hereby purchases from the
Bank 0.04 Wetland Mitigation Credlte for the purchase price of 57,000.00. The Bank will then deliver
to Project Applicant an executed Bill of Sale in the manner and form as attached hereto and matked
Exhibit "B". The purchase price for said Mitigation Credits shall be paid by cashier's check or, at the
option of the Bank, wire hansfcr of funds according to written iastructions by the Bank to Project
Applicank The Bank shall then issue a payment receipt to Project Applicant in the form as attached herew
and marked Euhibit "C".
CZ't�
2. The sale and transfer herein a�e not intended as a sale or transfer W Project Applicant of a
security, license, lease, easement, or possessory or non-possessory interest in real property, nor the
granting of any interest of the foregoing.
3. Project Applicant shall have no obli�tion whatsoever by reason of the purchase of the Mitigation
Credits, to suppoct, pay for, monitor, report on, sustain, continue in pecpetuity, or otherwise be abligated
or liable for the success or continued expense or mainteaance in pecpeluity of the Mitigation Credits sold,
or the Bank. Puisuant to the Bank Agreement and any amendments thereto, the Bank shall monitor end
make reports to the appropriate agency or agencies on the status of any Mitigation Credits sold to Project
Applicant 'fhe Bank shall be fully and completely responsible for satisfying all conditions placed on the
Bank or the Mitigation Credits by all state or federal jurisdictional agencies.
4. The Mitigation Credits sold and transferred to Project Applicant shail be nontransferable and non-
assignable and shall aot be used as compensatory mitigation for any other project or purpose, except as
setforth herein.
5. Project Applicant must exercise hislher/its right to purchase the Mitigation Credits withsn 30 days
of the date of this Agreement. After the 30.day period this Agreement will be considered null aad void.
6. Upon pur�hase of the Midgation Credits specified in paragraph E above, the Bazilc shall submit to
the parties listed in the Notices section of the Bank Agceement, copies of the: a) Agreement for Sale of
Mitigation Credits; b) Bill of Sale; c) Payment Receipt; and d) an updated ledger. The updated inventory /
ledger must deteil: i) Project Applicant; ii) Froject Name; iii) Status (sale complete/sale not complete);
iv) Midgallon Credit Sale Date; v) Service F7e Number; vi) U.S. Army Cotps of Engineers File Number
(if applicable); vii) Total Number of Mitigation Credits Authorized to Sell; viii) Total Number of
Mitigation Credits Sold to Date (inclusive); mmd ix) Balance of all Mitigation Credits Available. The
inventory / tedger should include all sales data from the Bank openinglestablishtuent to the present.
xMx ve��o,� zoio
IN WITNESS WHERBOF, the PaRies have executed this Ag�eemcnt the day and year first above
written.
BANK:
BIG THOMPSON CONFLUENCE MITtGATION BANK .
aY" � _ _ _ Date; 05/15/2025
PROJECI' APALICANT:
WELD O� TY HOARD OF COUNTY COMM[SSIONERS
sy: _..PN� `� _ nat�: MAY 0 7 2025
Perry L. ck, Chair
ATTEST: �y( ,�,/ � t
7 � ��CL�� 4G
By: (
Deputy Cletk to the Board ���
�
YJ
�.r�i. ,. � � �
7oZ5-�Z�°1
Exhibit "A"
DESCRIPTION OF PROJECT
TO BE
MITIGATED
[Weld County Bridge (WCB) 19-46.SA Replacement Project],
Weid County, CO
[t is anticipated that 4.Q4 acres of pennanent impacts will occur to wetlands due to the Weld Counry
Bridge (WCB) 19�16.SA Bridge Replacement project. The project is located on Weld County Road 19
between lohnstown and Milliken in Weld Counry, Colorado. Mirigation for these permanent impacts will
be provided through the purchase of 0.04 Wetland Mitigation Credits from the Big Thompson Confluence
Mitigation Bank to satisfy CDO'T's and EO 11990 Protection of Wettands mirigadon requirements
RMR version 2020
Eachibit "B"
BILL OF SALE
MITIGATION BANK USACE File # NWO-2016-00852-DEN
In consideration of 57,000.00, receipt of which is hereby acknowledged,
WESTERVELT ECOLOGICAL SERViCES, LLC, a Delaware limited liabi[ity company,
located at 602 Park Point Drive, Suite 265, Golden, CO 80401, does hereby bargain, sell and transfer
to WELD COUNTY, located at 1150 O Street, Greeley, CO 80631 (Project Applicant), 0.04
Wetland MiligaHon Credits in the Big Thonrpson ConJluence Mitigatian Bank in Weld County,
Colorado, developed, and approved by the US Army Corps of Engineers.
Westervelt Ecological Secvices represents and warrants that it has good title to the
Mitigation Cr�its, has good right to sell the same, and that they are free and ctear of all claims,
liens, ar encumbrances.
Westerveit Ecological Services covenants and agrees with the Project Applicant to warrant
and defead the sale of the Mitigatioa Credits hereinbefon described against all and every person
and persons whomsoever lawfully claiming or to claim the same.
nA�n: 05/15/2025
WESTERVELT ECOLOGICAL SERVICES, LC.C, a Detawere limited liability company
BIG THOMPSON CONF CE MITIGATION BANK
By: Date: 05/15/2025
RMR Venion 2020
Exhibit "C"
Big Thompson Conflueace Mitigatioa Bsnk
PAYMENT RECEIPT
PARTICRANT INFORMATION
Name: Weld County
Address: 1150 O Sueet, Greeley, CO 80631
Telephone: 970.400.3706
Contact: Michael Bedell, Senior Engineer
PROJECT INFORMATION
Project Description: Weld County Bridge (WCB) (9�6.SA Rcplacement Project
Resource Affected: USACE Non-Jurisdictional Wetlands
Mirigarion Credits to be Purchased: 0.04
Payment Amount: $7,000.00
Project Location: latitude 40328928, longitude -104.886725
County/Address: Weld County, Colorado
PAYMENT INFORMATION
Payee: Westerveh Ecological Services, LLC
Payer: Weld County
Ainounc: sc�cn Ttwusana Douars 3t�j 8104
Method of payment: No. Money �rder ACH Wire
Received by: Date: �6/�4/2�25
(Signa e)
Name: WIII D�,�ins T�cte: Operations Manaqer - Rocky Mountains
RMR Version 2020
a• ` Form �"� Request for Taxpayer
(Rev. Marcn 2o2a) Give torm to the
ldentification iVumber and Certification �q����. Do not
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Intemel Revenue Savtce Go to www.irs.govlForr»W9 fpr inatntctlons and the latesE infortnation.
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Cat No.10231X Fartn H%�9 (Rev. 3-2024)
Weld Counry, Colorada � � . WARRAWT NUPABER 34078fi0
I . ���1MNCEII��PMl�R .-, �:.,:. i1NfN(� . ,..WV()k"F �� ��Y'.tD11NTCaR '� . � � . . NE�6 ..
§ . �. QR.. .REFERE�E � -� .. . ' , FfATF ..,_ .�. pMflt ':i}Fr70 f�YK'tf1S h6k1YWY � ... .. � q7�i45tT� �.
� WETLAND MITIGAT ° DITS PUR CHASE _ ' �
� as�o��zs �,000.oa � o.00 o.00 � �,000.00
1
. �
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I I
t REMOVE DOCUMENT QLONG THIS PERFORATION +
� a-a sr o,. . . .;, -.- . 'xt. � � a �se s �•w �9 u� • . �.-.., :e , e =' • • - • -
_�..� . . .���. . .I = .. '.�. o� W�R�N� -
i �`ti •.�.��-.•"-�' �' � � NUMBER 3407860
o Weld C��nty � �,�����.�m
� By C3rder of The,Boacd �t County Cammi'ssioners e�u9, ���.�_��� �
�� , � '�', P (7, � 7 g ,oa, .,,���ra� �
Creeley, G�� �ti632
Q (970) 356-AOdO FAX: �970}352-0242 ` �n� r-sc�nnw
c7 Greeley, CO 8d634 dATE 5/14/2025 � �'��� Q� ,
U VOID IF NOT CASHED IiJ 60 DAVS
� Seven Thousand DoUars
I O PAY 70 THE ORDER OF
W� WESTERVELTECQLOGICALSERVICESLLC CriAt MANBO Dfl�C6UdV�'COMAl�Rs
6D2 PARK POINT DR STE 265 CR���w�.� � f�
' � i GOLDEN CO 80401
� CLERK OF THE BOARD
'
Entity Information
Entity Name * Entity ID * � New Entity?
WESTERVELT ECOLOGICAL @00047519
SERVICES LLC
Contract Name * Contract ID
BRIDGE 19/46.5A WETLANDS MITIGATION CREDITS 9405
Contract Status Contract Lead *
CTB REVIEW MBEDELL
Contract Lead Email
MBedell@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-54
Contract Description*
AS PART OF THE BRIDGE 19/46.5A REPLACEMENT PROJECT THE COUNTY IS REQUIRED TO PURCHASE 0.04 ACRES
OF WETLANDS MITIGATION CREDITS.
Contract Description 2
Contract Type * Department
AGREEMENT PUBLIC WORKS
Amount* Department Email
$7,000.00 CM-
PublicWorks@weld.gov
Renewable*
NO Department Head Email
CM-PublicWorks-
Automatic Renewal DeptHead@weld.gov
NO
County Attorney
Grant GENERAL COUNTY
NO ATTORNEY EMAIL
IGA County Attorney Email
NO CM-
COUNTYATTORNEY@WEL
D.GOV
if this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 05/03/2025
05/07/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Review Date *
12/31/2025
Committed Delivery Date
Renewal Date
Expiration Date *
12/31/2025
Contact info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
04/29/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/07/2025
Purchasing Approved Date
Finance Approver
CHERYL PATTELLI
Finance Approved Date
04/30/2025
Tyler Ref #
AG 050725
Originator
MBEDELL
Legal Counsel
BYRON HOWELL
Legal Counsel Approved Date
04/30/2025
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