HomeMy WebLinkAbout20182539.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING REGARDING RAILROAD
FACILITY IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - TOWN OF
LASALLE AND UNION PACIFIC RAILROAD
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 Memorandum of Understanding
regarding Railroad Facility Improvements among 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 Town of LaSalle and Union Pacific Railroad Company, commencing upon
full execution of signatures, with further terms and conditions being as stated in said
memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, 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 Memorandum of Understanding regarding Railroad Facility
Improvements among 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 Town of
LaSalle and 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 memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of August, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD, COUNTY, COLORADO
ATTEST: dstdtvo ,,k!); 4.
Weld County Clerk to the Board
Deputy Clerk to the Bo
bunty Attorney
Mike Freeman
Date of signature: 08 ---/7
ca: £R (CH)
O9/G1/I$
2018-2539
EG0075
J�
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE:
LaSalle/UPRR Memorandum of Understanding
DEPARTMENT: Public Works DATE: 7/30/18
PERSON REQUESTING: Elizabeth Relford
Brief description of the problem/issue:
Weld County has been coordinating with the Town of LaSalle and Union Pacific Railroad (UPRR) on
an agreement to further communication with the railroad and construct future operational
improvements to assist county residents. The attached MOU outlines the parties agreeing to work
together on the closure of Pickle Dock/5th Avenue (LaSalle) to help facilitate more efficient rail
operations for UPRR and construct a connector road between WCR 50.5 and WCR 52 (WCR 39
Connector Road), which will improve safety and connectivity for Weld County residents as a result of
the closure of Pickle Dock/5th Avenue. As you will recall, the County applied for a DOLA grant for p
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Allow the MOU to be placed on the next available BOCC agenda
2. Set up a work session to discuss.
Recommendation:
Staff recommends option 1.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Krkmeyer, Pro -Tern
Steve Moreno, Chair
g� g
Approve Schedule
Recommendation j ,Work Session
- tv-4-
I
eniaiL
rn�
Other/Comments:
2018-2539
E.C7OO"7 5
Karla Ford
From
Sent
To:
Subject:
Julie Cozad
Tuesday, July 31, 2018 513 PM
Karla Ford
Re LaSalle-UPRR MOU Pass Around pdf
Yes, I approve and ok with passaround
Sent from my iPad
> On Jul 31, 2018, at 5 01 PM, Karla Ford <kford@weldgov corn> wrote
>
>Julie -- Let me know if you are able to review and ok with this pass around Thanks!
>
> Karla Ford-
> Office Manager, Board of Weld County Commissioners
> 1150 O Street, P O Box 758, Greeley, Colorado 80632
> 970 336-7204 kford@weldgov corn www weldgov com<http //www weldgov corn/>
> My working hours are Monday -Thursday 7 QUa m -4 00 p m
> Friday 7 00a m - Noon
> [WC Logo Color]
>
> Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only
for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
>
> From Elizabeth Relford
> Sent Tuesday, July 31, 2018 11 21 AM
> To Karla Ford <kford@weldgov com>
> Cc Julie Cozad <jcozad@weldgov corn>, Jay McDonald <jmcdonald@weldgov corn>, Barbara Kcrkmeyer
<bkirkmeyer@weldgov corn>, Esther Gesick <egesick@weldgov corn>
> Subject LaSalle-UPRR MOU Pass Around pdf
>
> Karla,
>
> Commissioner Cozad approved the pass around yesterday for the LaSalle/UPRR MOU I am trying to get this on the
BOCC's agenda for next week, so please let me know if you receive any questions
>
> Thanks,
> Elizabeth
> <LaSalle-UPRR MOU Pass Around pdf>
> <Revised Formatted Weld County LaSalle MOU v3 - 073118 doc>
> <MOU - LaSalle Signed pdf>
> <image003 jpg>
1
MEMORANDUM OF UNDERSTANDING
BETWEEN UNION PACIFIC RAILROAD COMPANY
AND
WELD COUNTY, COLORADO and THE TOWN OF LASALLE, COLORADO
REGARDING RAILROAD FACILITY IMPROVEMENTS
This Memorandum of Understanding ("MOU") is made as of therr*
day of
, 2018, by and between Weld County , (hereinafter, "the County" the Town
of LaIle (hereinafter "the Town"; the County and Town are sometimes referred to collectively
as "the Government Parties";) and Union Pacific Railroad Company, a Delaware corporation,
(``Union Pacific Railroad", "UP", "UPRR" or "Railroad"); (together referred to as the "Parties"
and each individually a "Party").
WITNESSTH THAT:
WHEREAS, the Union Pacific Railroad connects 23 states in the western two-thirds of
the country by rail; and
WHEREAS, Union Pacific Railroad has fifty-four workers based in LaSalle Yard and a
total of one hundred six workers in LaSalle and the surrounding region; and
WHEREAS, Union Pacific Railroad is upgrading its yard and facilities in LaSalle ("the
Project') in order to provide improved rail service; and
WHEREAS, the Parties seek to establish an ongoing communications process to resolve
community concerns in connection with the Project; and
WHEREAS, the Parties agree to work together on the closure of Pickle Dock/5th Avenue
located at Milepost 46.79 to facilitate more efficient rail operations and construct a connector
road between Weld County Road 50.5 and Weld County Road 52 ("WCR 39 Connector Road")
to improve safety and connectivity as a result of the closure; and
WHEREAS, a portion of existing Weld County Road 39 is located along the easterly
edge of UP's existing right-of-way in the SE/4 of Section 31, Township 5 North, Range 65 West
("Existing WCR 39"); and
WHEREAS, conveyance of a portion of Union Pacific Railroad's right-of-way for the
WCR 39 Connector Road and Existing WCR 39 would facilitate construction of the WCR 39
Connector Road as a result of the Pickle Dock/5th Avenue crossing closure; and
Pickle Dock Crossing
Weld County Colorado
LaSalle, Colorado
7/31/2018
-1-
ozaig- .9(1)
WHEREAS, the County agrees to apply for an Energy & Mineral Impact Grant in the
April or August cycle for the design and floodplain analysis of the WCR 39 Connector Road,
and
WHEREAS, Union Pacific Railroad agrees to provide the local match to the Town for
their Energy & Mineral Impact Grant for construction of the WCR 39 Connector Road, and
WHEREAS, The Parties recognize that the project is subject to 49 USC Sec 10501(b)
which expressly preempts state and local law with respect to rail operations and related facilities,
including rail yards, spur track and main line track Union Pacific Railroad has nevertheless
agreed, with a reservation of rights, to cooperate with the Government Parties, and to establish a
working relationship with the Government parties and other agencies concerning the public
impacts of the project
NOW THEREFORE.
The Parties enter into this MOU in order to set forth their mutual understandings, to
establish processes to address community concerns, and to facilitate the negotiation of certain
binding agreements enumerated below
SECTION 1 Communication Plan and Public Relations
a The Government Parties shall each designate a staff member as the primary point
of contact on issues involving the Railroad Union Pacific Railroad shall similarly
designate a staff member to be the primary point of contact(s) for the Government
Parties' designees Issues and concerns can be expected to periodically arise out
of the ongoing relationship and the Parties agree to provide the necessary
representatives for timely resolution of these unanticipated matters
b UP and the Government Parties' shall participate in quarterly meetings to discuss
community issues and update the Government Parties on railroad activities
c The Government Parties each agree to assist with an ongoing program of public
information and familiarization with railroad operations
d In the event of a safety concern or other issue of an urgent nature, the Government
Parties and local residents may also contact 888 UPRR COP
SECTION 2. Roadway Improvements and Crossing Closures
a The Parties agree to work collaboratively regarding roadway improvements
including the closure of the grade crossing at Pickle Dock/5th Avenue occurring
upon completion of the WCR 39 Connector Road improvements
Pickle Dock Crossing
Weld County Colorado
LaSalle, Colorado
7/31/2018
-2-
b The Parties acknowledge closure of the Pickle Dock/5th Avenue Crossing closure
is subject to approval of applicable government authorities, including but not
limited to the Colorado Public Utility Commission Construction of the WCR 39
Connector Road would also be subject to approval of applicable government
authorities To the extent that a conveyance of Railroad right-of-way is required,
such transaction would be subject to execution of appropriate definitive written
agreements with the Railroad
c The County applied for an Energy & Mineral Impact Grant on April 1, 2018 in
order to contract and project manage the design of the WCR 39 Connector Road
d Union Pacific Railroad local match costs are anticipated to be approximately
$750,000, which shall not exceed $830,000 total, and are anticipated to be a 50/50
match to the construction cost estimates as identified in the Exhibit B and Section
6 Such costs shall be remitted to the Town six months prior to construction
beginning In order to keep the construction costs low, County agrees to use
Public Works crews to construct the WCR 39 Connector Road improvements
Therefore, the purpose of the construction grant is to utilize the funding to
purchase the materials for the project
e Once the WCR 39 Connector Road construction is completed, the Town agrees to
close Pickle Dock/5th Avenue road crossing and annex the WCR 39 Connector
Road Union Pacific Railroad agrees to not charge the Town a fee for conveying
any portions of the WCR 39 Connector Road or Existing WCR 39, which may be
located within UPRR right-of-way UPRR will be solely responsible for the costs
allocated to surveying existing WCR 39
SECTION 3. LaSalle Yard Issues.
a The Parties shall work collaboratively on development of a vegetation screening
plan related to the Railroad's LaSalle Yard project Union Pacific Railroad agrees
to monitor and warranty the vegetation installed in the screening plan for a period
of three years
b UP shall provide the Government Parties with a copy of the proposed lighting
plan for the project UP agrees to discuss lighting plans and collaborate with the
Government Parties, subject to the recognition that the safety and efficiency of
UPRR operations is paramount
c The Parties acknowledge that the Railroad is required by federal law and
applicable Operating Rules to sound locomotive horns and other warning devices
d Union Pacific Railroad agrees to install fence screening material adjacent to the
residential properties Union Pacific Railroad assumes no maintenance
Pickle Dock Crossing
Weld County Colorado
LaSalle, Colorado
7/31/2018
-3-
responsibility for the screening material but will work with the residential
property owners if they have interest in maintaining or replacing the material
SECTION 4. Miscellaneous
a The Parties acknowledge that portions of the work on the project may fall outside
regular construction practices designated in applicable local codes Because of the
demands of the rail network, certain work may occur outside normal business
hours UPRR shall make reasonable effort to provide advanced notice of these
instances so that the Government Parties can provide notification to potentially
affected residents and businesses
b UPRR's primary contact shall provide the Government Parties' primary contact
with regular updates on the project for distribution within the community and
relevant public departments
c To enhance public safety, the Railroad is offering to fund participation by a total
of not less than five Public Safety personnel of the Government Parties in special
response training at the Transportation Technology Center, Inc ("TTCI") in
Pueblo Colorado during 2018 or 2019
d This MOU represents the current understanding of the parties The terms are not
all-inclusive and are subject to modification or cancellation This MOU is not
intended to (and will not) be a binding agreement or offer, and this MOU will not
give rise to any right or obligation based on any legal or equitable theory
(including any right to continue negotiations or to negotiate in good faith), and
only subsequent definitive written agreements executed by the appropriate parties
will bind the parties as to any matter that is the subject of this MOU Both parties
acknowledge that the definitive written agreements will include additional terms
and conditions and that such terms and conditions must be acceptable to each
party, in each party's sole discretion
SECTION 5. Goals for Execution of Definitive Agreements.
The Parties are committed to executing definitive agreements by December 31, 2018
a Necessary deed or perpetual non-exclusive easement required to resolve the real
property issues noted in Sections 2(b) and 2(e) above
b A definitive agreement with the Government Parties' Public Safety officials
with respect to UPRR- funded training at TTCI in Pueblo, CO as offered in
Section 4(d)
Pickle Dock Crossing
Weld County Colorado
LaSalle, Colorado
7/31/2018
-4-
SECTION 6. Exhibits.
Exhibit A entitled LaSalle Yard Expansion, dated January 25, 2018 is attached hereto
and shows a schematic diagram of the Project.
Exhibit B entitled Connector Road Cost Estimates, dated January 2018 is attached
hereto.
Both exhibits attached hereto are made part of this MOU.
IN WITNESS WHEREOF the Parties have hereunto set their respective hands and seals on the
day and year first above writ.
TOWN.OF LASALLE, CO WELD COUNTY, CO
By: By:
Title: Title: Steve Moreno, BOCC Chair
AUG 082QB
Date: - Date:
UNION P IC RAILROAD COMPANY
By: 1
TitlW AV 2i ��b` (6
Date: J LS+ H i orb(g
Pickle Dock Crossing
Weld County Colorado
LaSalle, Colorado
6/21/2018
-5-
ao18- �539G)
LaSalle Yard Expansion
Cost Estimate: S15 M (requires update)
Profect Benefits:
• 2.5O0 ft switching lead will reduce Main St 11 s' Ave
blockage by 40-70% (close Walnut St)
• CTC & DTMF powered switches avoid stopping trains
• Yard air reduces locomotive idling
• Additional capacity will improve corridorfluidity (e.g. Eaton)
• UP owns all property required
• Bridge already constructed over Union Ditch
• Minimize impactto East La Salle:
• Switching remains on west end away from CR 41)
• Build only one track north of existing lead
• Vegetative barrier& fence
CTC Crossover
Ft Co/ins
Sub
T v F1' Collins
Union Pacific Railroad - October6.2017
Close 5th Ave
Pickle Dock
DTMF Switch
Construct Parallel Road
in UP ROW up to CR 52
Yard Air I
Close N.
Walnut St.
Yard Air
East LaSalle
Residents
Coalition
(Weld County)
Vegetative
Barrier `'-1
ie
7
Badge over
Drainage Ditch
(Union Ditch Co)
County Rd 41
UNION
PACIFIC
1
V IIIIIHXI
EXHIBIT B
Cost estimate for a connecting roadway between WCR 50..5 & WCR 52
parallel to the railroad tracks mostty outside the RR easement_
Length of roadway = 1600'
Classification = Local roadway
WCR 50.5 ADT = 140
85th Percentile speed = 44 mph
WCR 52 ADT = 507
85th Percentile speed = 52 mph
Engineering Design
ITEM
FEMA Flood plain study
ROW / Acquisition
Engineering Design
Sub Total Engineering/ROW
Construction
ITEM
Clearing and Grubbing
Re-mo' ais
U ncl ass.rfied Excavation
Muck Ex (CIP)
Embankment (CUP) (>R-20)
Box cur: carts 4' x 16' x 120'
Drainage (Adverts RCP
C'T8 (15' cement]OP)
Base rouse Class 6 (41
HMA PG 64-22 (s) (3")
HMA PG 64-28 (ix) (2")
Fencing
Seeding
Utility Relocates
Erosion Control
Traffic Contro+i
Sub -Total Construction
Conti ngency
Pickle Dock Crossing
Weld County Colorado
LaSalle, Colorado
7/31/2018
Total
ROW width is 60' Width of roadway = 2W CTB, 26' paved
with 1' gravel shoulder
Date ADT performed = 03/21/14
Date ADT performed = 08/05/15
Paved Roadway
LS
AC
UNIT
L°
L�
cY
CY
IF
LS
Sy
TON
TON
TON
LF
AC
LS
LS
LS
QUANTITY
1
3
1
QUANTITY
1
1
3600
1778
32712_
12m
1
5334
1200
775
520
500
25
1
1
1
LS 025
UNIT COST
$100,000.00
530,000.00
5250,000.00
COST
$10,000.00
515,000.00
51500
545.00
515.00
$1,800.00
540,000 00
51.1.00
$20.00
595.00
5105.00
510.00
53,656.00
5100,000.00
$ 25,000.00
$10,00000
% trucks = 20
% trucks = 13
COST
5100,000.00
$90,000.00
5250,000.00
5440.000.00
$10,000.00
515,000.00
554,000.00
580,010.00
5490,680.00
5216,000 00
540,000 00
558,674.00
524,000.00
$73,625.00
554,6001K)
55,000.00
59,140.00
5100,000.00
525,000.00
$10,000.00
51,265,729.00
5316,432 25
52,022,161.25
January 3, 2018
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