HomeMy WebLinkAbout20210275.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR REIMBURSEMENT OF FEES AND EXPENSES FOR
INTERCHANGE APPROVAL PROCESS 1601 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 an Agreement for the Reimbursement of
Fees and Expenses for the Interchange Approval Process 1601 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,
commencing upon full execution of signatures, 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 Reimbursement of Fees and Expenses for
the Interchange Approval Process 1601 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of January, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,,thA,
Stev=i oreno ' air
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPR
my ttorney
Lori Saine
Date of signature: Oa/0a/2
cc: ptAgelzkH)
off./I I /21
2021-0275
EG0079
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BNSF Agreement for 1601 Interchange Process
DEPARTMENT: Public Works DATE: January 19, 2021
PERSON REQUESTING: Elizabeth Relford, Deputy Director
Brief description of the problem/issue:
i
i
Last year, the Commissioners committed to Weld County approving BNSF's request tbe the local
govemment entity for their 1601 Interchange process application, as long as there was no cos curred by the
county. The 1601 process has two paths that require us to have a billable agreement with B - nd an IGA
with CDOT.
BNSF is working on the technical documents required for the system level study, which will get us closer to
being able to perform an initial IGA with CDOT. Attached is the BNSF billable agreement which is a pass -
through cost for CDOT's time to review the technical documents. CDOT is estimating this cost to be $15,000.
Bruce has reviewed and approved the agreement and we are requesting the Board's approval to put on the
next available BOCC agenda.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Place on the next available BOCC agenda.
2. Set up a work session.
Recommendation:
Staff recommends approval of the agreement going on the next available BOCC agenda.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
7
Schedule
Work Session Other/Comments:
2021-0275
C� Oo l°I
AGREEMENT FOR REIMBURSEMENT OF FEES AND EXPENSES
FOR INTERCHANGE APPROVAL PROCESS 1601
THIS AGREEMENT FOR REIMBURSEMENT OF FEES AND EXPENSES
INTERCHANGE APPROVAL PROCESS 1601 ("Agreement") is made and entered into thi ' ^day
of January, 2021 (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 "Party".
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.
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
Fifteen Thousand Dollars ($15,000.00). 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.
1
O2a'o.i ,o,27 '
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 true 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.
(0 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.
(h) 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.
(i)
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.
0) 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
2
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:
With copy to:
Notice to Developer:
With copy to:
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
Attn: Elizabeth Re!ford, Deputy Director
Email: erelford@weldgov.com
Weld County
1150 O Street
Greeley, CO 80631
Attn: Bruce Barker, County Attorney
Email: bbarker@weldgov.com
BNSF Railway Company
2500 Lou Menk Drive, MOB -2
Fort Worth, Texas 76131
Attn.: Lacy Kreger, Dir. Economic Development
Email: lacy.kreger@bnsf.com
BNSF Railway Company
2500 Lou Menk Drive, AOB-3
Fort Worth, Texas 76131
Attn.: Sharma Cargill, Attorney
Email: shanna.cargill@bnsf.com
[Signatures on the following page.]
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
4
Steve Moreno,hair
ATTEST:
By:
Depu
DEVELOPER:
BNSF RAILWAY COMPANY,
a Delawration
By:
Name:� Q L r' Q l e K
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Title: V i 1 Q L r 1. C01\0 1111 1t Dev.
O1Pa/� be27 Y
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
THE BURLINGTON NORTHERN & g00008442
SANTA FE RAILWAY CO
Contract Name*
AGREEMENT FOR REIMBURSEMENT OF FEES AND EXPENSES
FOR THE 1601 INTERCHANGE APPROVAL PROCESS
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4411
Contract Lead*
ERELFORD
Contract Lead Email
erelfordgco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ANY OUT OF POCKET COSTS ACTUALLY INCURRED BY THE COUNTY IN CONNECTION WITH THE SERVICES WILL BE
REIMBURSED PER THIS AGREEMENT. CDOT ANTICIPATES THEIR COSTS TO BE $15,000 FOR THIS PROCESS, WHICH IS THE
AMOUNT IDENTIFIED WITH THIS AGREEMENT.
Contract Description 2
THE BOCC AGREED TO SERVE AS THE APPLICANT TO THE CDOT 1601 PROCESS FOR NECESSARY" PERMITS AND APPROVALS
FOR THE PROPOSED WCRS AND 176 INTERCHANGE.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks gweldgov.com
Department Head Email
CM-PublicWorks-
DeptHeadgvveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEYgWELDG
OV.COM
Requested BOCC Agenda
Date*
01x27:2021
Due Date
01;'23;2021
Will a work session with BOCC be required?*
NO
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
Contact Name
Purchasing
Review Date*
01 ' 21 ,2022
202 2
Committed Delivery Date
Renewal Date
Expiration Date*
01:27/2022
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
01122/2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
01;2712021
Originator
ERELFORD
Finance Approver
BARB CONNOLLY
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
01f25r'2021 01 25,2021
Tyler Ref #
AG 012721
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