HomeMy WebLinkAbout20250859.tiffCanlcco-cN D ga_ao
MEMORANDUM
TO: Clerk to the Board
DATE: March 12, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Road Maintenance
During Construction Agreement For:
City of Thornton — Thornton Water Project Pipeline Segment E — AP25-00033
Request to Approve Road Maintenance During Agreement:
The Department of Planning Services received a request from the applicant, City of Thornton,
requesting that the Board of County Commissioners consider approving the Road Maintenance
During Construction Agreement for (AP25-00033). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed
the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To
Policy", are found to be acceptable.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for AP25-00033,
and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent
Agenda.
cc: Dawn Anderson, Planning Services
C o v-\%-cL.f. ca50r�cA4
3-ae- as
cc : PL(DA/S-O4)`
04 /A3/25
OV"\bo.S-U- S -18 - a5
2025-0859
EG0O'1-1
Docusign Envelope ID: 1310E025-DDF4-471 E-874C-646292EED8A6
ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION
City of Thornton — Thornton Water Project Pipeline Segment E — Multiple Access Permits
THIS ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION (RMCA) is made this
10 day of March , 202 5 , by and between City of Thornton, a Colorado home rule municipality,
whose address is 9500 Civic Center Drive, Thornton, Colorado 80229, hereinafter referred to as "Thornton,",
and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as
"County."
WITNESSETH:
WHEREAS, Thornton proposes to install, construct, operate, maintain, repair, replace, use,
reconstruct, inspect, test, survey, and remove, if necessary, as may be useful to or required by Thornton the
Thornton Water Project, a domestic raw water pipeline that crosses the following sections in the County of
Weld, Colorado:
Section 6, 7, and 18, Township 6 North and Section 6, 7,
18, 19, 30, and 31, Township 7 North and Section 31,
Township 8 North, all located in Range 67 West of the 6th
P.M., Weld County, Colorado
hereinafter referred to as "the Project," and
WHEREAS, Thornton has received the Weld County Department of Planning Services conditional
approval of multiple access permits as shown on Exhibit A and incorporated herein, and
WHEREAS, the Project will generate additional vehicles and heavy traffic directly associated with the
multiple access permits shown on Exhibit A for an extended period of time; and
WHEREAS, the County, and Thornton are desirous of agreeing to terms involving regulation of
haul routes, traffic control, and road wear arising from such additional traffic as described in this RMCA
and depicted in the following incorporated exhibits:
Exhibit A — List of Access Permits, and
Exhibit B — Approved Haul Route Road Map, and
Exhibit C — Gravel Roads Maintenance and Reclamation Plan
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
B. Haul Route Roads: Haul Route Roads are defined as that length of County -controlled or maintained
roadway within 0.5 mile of each Access Permit location, temporary or permanent (attached Exhibit A), and
where the Project crosses County right-of-way. The Haul Route Roads for which the County has approved
Project -related heavy truck and equipment traffic, referred to herein as "Approved Haul Route Roads", are
shown on the attached Exhibit B.
1.0 Thornton shall take reasonable steps to prevent heavy truck and equipment traffic associated with the
Project from using any County Roads other than Approved Haul Route Roads.
City of Thornton - Thornton Water Pipeline Segment E - AP25-00033 - RMCA25-0003
5021723 Pages: 1 of 15 e1of6
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111r.dAVII:KkerLirFii174ti1L1,ilfn;14WN), 111111
Docusign Envelope ID: 1310E025-DDF4-471E-874C-646292EED8A6
2.0 County may phase the Gravel Roads Maintenance and Reclamation Plan (Plan) and the Maintenance
Requirements described in Section C of Part I of this RMCA, as appropriate to require Thornton to improve,
maintain and repair only those Approved Haul Route Roads that are actively being used for construction of
the Project. By way of example, County may apply the requirements of the RMCA and the Plan, as
appropriate, to the Approved Haul Route Roads north of Colorado Highway 14, but not the Approved Haul
Route Roads south of Colorado Highway 14, if construction is only active on that portion of the Project north
of Colorado Highway 14. County staff are authorized to implement such phasing at their reasonable
discretion. It is the responsibility of Thornton, to notify the County, in writing, should they wish to propose
phasing.
C. Maintenance Requirements:
1.0 Off -Site Dust Control/Abatement. Thornton is financially responsible for dust control or abatement
caused by Project -related vehicle traffic along affected gravel Approved Haul Route Roads as determined by
County. Thornton's contractor will provide dust control or abatement if County determines that Project -related
vehicle traffic is the predominant cause of dust issues. If the County determines that Project -related vehicle
traffic is not the predominant cause of dust issues, County will provide dust control or abatement and will
determine the proportionate share of dust control to be paid by Thornton. The amount and extent of dust control
measures will be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
2.0 Maintenance and Repair of Approved Haul Route Roads. Thornton will be financially responsible for
the excavation, repair, and patching of any damage on affected Approved Haul Route Roads, which in the sole
opinion of County has been caused by Project -related vehicle traffic. Thornton's contractor will provide
maintenance and repair if County determines that Project -related vehicle traffic is the predominant cause of
roadway damage. The type and method of repair will be determined by the County Engineer or their
representative.
2.1 Need for Immediate Repairs. In the event of damage to an Approved Haul Route Road by
Project -related vehicle traffic that causes an immediate threat to public health and safety or renders
the road impassible ("Significant Damage"), County shall, after inspection, notify Thornton of
such Significant Damage. Thornton shall consult with County on the extent, type, timing,
materials, and quality of repair (i.e., temporary versus permanent) within twenty-four (24) hours
after receipt of such notice and shall commence such repair within 48 hours after receipt of such
notice. If Thornton identifies Significant Damage prior to receiving notice thereof from County,
Thornton may commence repair of such Significant Damage and shall concurrently notify County
of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent).
2.2 Immediate Repair by County. In County's sole discretion, County may undertake the repairs
and/or improvements. Thornton's payment for its proportionate share of the road
repairs/improvements will be calculated as described in Section C.5.0 of Part I of this RMCA.
3.0 Pre- Construction Survey. Thornton and County shall jointly inspect the Approved Haul Route Roads
pursuant to Section 3.1 of Exhibit C.
4.0 Post -Construction. Upon completion of construction of the Project, Thornton shall return the Approved
Haul Route Roads to pre -construction conditions pursuant to Exhibit C.
5.0 Proportionate Share of Road Maintenance and Repair Responsibilities:
5.1 Thornton shall be responsible for its proportionate share of costs of dust control/abatement, paving
repairs, maintenance, improvements, or replacement of any Approved Haul Route Road.
City of Thornton — Thornton Water Pipeline Segment E — AP25-00033 — RMCA25-0003
^age 2 of 6
5021723 Pages : 2 of 15
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 lllr1rillriL'IiNN MINI,',119f,RiN'L'AW'AYA 111111
Docusign Envelope ID: 1310E025-DDF4-471E-874C-646292EED8A6
Thornton's proportionate share shall be based upon the amount of Project -related vehicle traffic
on the Approved Haul Route Road as a percentage of total vehicle traffic on the Approved Haul
Route Road. Subject to Section C.5.2 of Part I of this RMCA, County personnel will have sole
responsibility for determining the percentage based on then current Equivalent Single Axle Load
(ESAL) Counts or by traffic counters. Thornton shall not be responsible for dust
control/abatement, maintenance or repair of Approved Haul Route Roads caused by vehicle traffic
that is not Project -related. The County reserves the right to install traffic counters at the Access
Permit locations to assist the County in determining the percentage of traffic on Approved Haul
Route Roads that is attributable to the Project.
5.2 The County shall notify Thornton of County's preliminary determination and assessment of
Thornton's proportionate share of costs. Prior to County's final determination and assessment,
County shall provide Thornton with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review
and consider Thornton's input prior to making a final determination and assessment. The County
shall have sole responsibility for determination of Thornton's proportionate share of costs.
6.0 Should Thornton's site activities or Project -related vehicle traffic patterns change such that Exhibit B
no longer reflects actual Project -related vehicle traffic patterns, the County shall replace Exhibit B, and all
obligations contained in this RMCA shall apply to the Approved Haul Routes shown on the new Exhibit B. A
new Exhibit B may be approved in writing by County's Public Works Director or designee and Thornton's
City Manager or designee.
Part II: General Provisions
A. General Requirements:
1.0 Permits. Thornton is required to apply for and receive all permits required by the County or any other
applicable local, State, or federal agency, including but not limited to:
1. Access Permits. Thornton shall not use any access onto any County Road unless and until an Access
Permit has been issued by the Department of Planning Services ("Planning Services").
2. Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW Permit issued by the Department of Public Works
("Public Works"). No work shall occur on County ROW without said ROW permit.
3. Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport
Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and
movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
2.0 Liability for Damage to Road. Thornton shall be financially responsible for any and all damage caused
to any Weld County Road as a result of the installation, use, maintenance, or replacement of the Project through
County ROW, without regard to the negligence, or lack thereof, of Thornton or its agents. This provision shall
survive Termination of this RMCA pursuant to Section B.2.0 of Part II, below, and shall be of no further force
and effect ten years after mutual execution of this Agreement.
B. Violations of RMCA and Remedies
1.0 Violation of Terms of RMCA. If in County's reasonable opinion, Thornton has violated any of the
terms of this RMCA, County shall so notify Thornton and shall state with specificity the facts and
circumstances which County believes constitute the violation. Thornton shall have thirty (30) days within
City of Thornton — Thornton Water Pipeline Segment E — AP25-00033 — RMCA25-0003
°age 3 of 6
5021723 Pages: 3 of 15
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIII KR' IVIIIIIIHrI haViiiMIMitlitNat Bill
Docusign Envelope ID: 1310E025-DDF4-471E-874C-646292EED8A6
which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
described in this RMCA or otherwise provided by law.
2.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events:
2.1 Revocation of Access Permit. This RMCA shall terminate following County's revocation of
Thornton's Access Permit, except that Thornton shall only be released from this RMCA after the
successful completion of all improvements required under this RMCA.
2.2 Completion of Construction. This RMCA shall terminate following Thornton's completion of
construction of the Project, including restoration as required by Exhibit C. Thornton shall notify
the County of completion.
3.0 Revocation of Access Permit. Thornton acknowledges that failure to comply with the material terms
of this RMCA constitutes cause to revoke the Access Permit, and County may exercise this option in its sole
reasonable discretion by proceeding with revocation under the then current provisions of the Weld County
Code.
4.0 Court Action. Upon notice of violation and failure to cure within the time permitted by this RMCA,
County may seek relief allowable by law or equity by filing an action in the Weld County District Court.
C. Miscellaneous Provisions.
1.0 Successors and Assigns. County's rights and obligations under this RMCA shall automatically be
delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over the roads affected by this RMCA. All of the terms
and conditions set forth in this RMCA shall be binding upon the heirs, executors, personal representatives,
successors and assigns of Thornton, and upon recording by the County, shall be deemed a covenant running
with the land herein described.
2.0 Governmental Immunity. No term or condition of this agreement shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
3.0 No Third -Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement
of the terms and conditions of this RMCA and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties, and nothing contained in this RMCA shall give or allow any claim or right
of action whatsoever by any other person or entity not included in this RMCA. It is the express intention of the
undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits
under this RMCA shall be an incidental beneficiary only.
4.0 Entire Agreement/Modifications. This RMCA including the exhibits attached hereto and incorporated
herein, contains the entire agreement between the parties with respect to the subject matter contained in this
RMCA. This instrument supersedes all prior negotiations, representations, and understandings or agreements
with respect to the subject matter contained in this RMCA. This RMCA may be changed or supplemented only
by a written instrument signed by both parties.
5.0 Board of County Commissioners of Weld County Approval. This RMCA shall not be valid until it has
been approved by the Board of County Commissioners of Weld County, Colorado.
6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this RMCA. Any provision included or
City of Thornton — Thornton Water Pipeline Segment E — AP25-00033 — RMCA25-0003
5021723 Pages : 4 of 15 Dage 4 of 6
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Docusign Envelope ID: 1310E025-DDF4-471 E-874C-646292EED8A6
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, Thornton agrees that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
7.0 Severability. If any term or condition of this RMCA shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this RMCA shall be construed and enforced without such
provision, to the extent that this RMCA is then capable of execution within the original intent of the parties.
8.0 Attorney's Fees/Legal Costs. In the event of a dispute between County and Thornton, concerning this
RMCA, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs
incurred by or on its own behalf.
9.0 Binding Arbitration Prohibited. County does not agree to binding arbitration by any extra judicial body
or person. Any provision to the contrary in this RMCA or incorporated herein by reference shall be null and
void.
10.0 Authority to Sign. Each person signing this RMCA, and associated exhibits, represents and warrants
that they are duly authorized and have legal capacity to execute and deliver this RMCA. Each party represents
and warrants to the other that the execution and delivery of the RMCA and the performance of such party's
obligations hereunder have been duly authorized, and that the RMCA is a valid and legal agreement binding
on such party and enforceable in accordance with its terms. If requested by the County, Thornton shall provide
the County with proof of Thornton's authority to enter into this RMCA within five (5) days of receiving such
request.
11.0 Acknowledgment. County and Thornton acknowledge that each has read this RMCA, understands it,
and agrees to be bound by its terms. Both parties further agree that this RMCA, with the attached or
incorporated exhibits, is the complete and exclusive statement of agreement between the parties and supersedes
all proposals or prior agreements, oral or written, and any other communications between the parties relating
to the subject matter of this RMCA.
12.0 Controlling Authority. Notwithstanding any other provision contained in this RMCA, for any
discrepancy between this agreement and the Weld County Code in effect at the time of the RMCA, the terms
of the Weld County Code shall control.
[Signature pages follow)
City of Thornton — Thornton Water Pipeline Segment E— AP25-00033 — RMCA25-0003
5021723 Pages: 5 of 15 Wage 5 of 6
04/09/2025 10:14 AM R Fee :$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
�1�1 kir1R31111 litilitr i:E1) o JVNIVILIWWiti
Docusign Envelope ID: 1310E025-DDF4-471E-874C-646292EED8A6
CITY OF THORNTON:
5DocuSiBned bY:
,sotA,
313E73323F71478
JaSoll Yterce, P.E., Thornton Water Project Director
ATTEST:
Signed by:
P15]0AfRl14F
Kristen N. Rosenbaum, City Clerk
APPROVED AS TO FORM:
Tami Yellico, City Attorney
DocuSiBned bY: u
FBFS2CE944AB40D..
Senior Assistant City Attorney
WELD COUNTY:
ATTEST:
dorhAi . :,,k
BOARD OF COUNTY COMMISSIONERS
Weld unty Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Boar/ ,r�. /j ?y_ L.:,. , Chair
MAR 2 6 2025
City of Thornton — Thornton Water Pipeline Segment E — AP25-00033 — RMCA25-0003
5021723 Pages: 6 of 15 image 6 of 6
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder: Weld County , CO
767.5- 0%5'-'1
Docusign Envelope ID: 1310E025-DDF4-471 E-874C-646292EED8A6
Exhibit A — List of Approved Access Points - Thornton Water Project Pipeline
Segment E
To be updated when access permits are approved and issued.
5021723 Pages: 7 of 15
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
OIII rifirn lir Gfi' h4ierNieh ICLCALYTh l'itillki, 111111
WELD COUNTY ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION
NOVEMBER O24 / DRAFT / BURNS & MCDONNELL
Hotel: F,Ri
1. This b. for planning porpuee, unly anti npruwnts appraxinsm•.
locations. Survey grade accuracy is nut Implied.
2. Data cuurccn: [SRI. City ut Thornton
Docuslgn Envelope ID 13I0E025-DDF4-471E-874C-646292EED8A6
G) tfi
��N
q to
�'o NN
7
N W114) Cji
7:1�
M t0
o an
�fl) A
-1W- (D
-+s
�ais :1 -EA.
mr
s_ z.
e
Q.
1
r-�»� O
C
ape D
Cla
0
o
Ns-
-Y.
WELD COUNTY ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION
NOVEMBER 2024 / DRAFT / BURNS & MCDONNELL
Legend
a Segment E Pipeline
Weld County Access Points
Construction (Temporary) Access
Point
Construction and Permanent
Maintenance Point
Notes.
I. Ills Note s Inr plYnntrp purposes ondy and repro-nty appruanian
I :: admit: Survey grade accuracy k not anpl+rd.
Dan wurc+m F5R1. City of Thornton
•;tAltuns Inr acr:ess points are .sppn:sitaate
STA 16/+60
County
af11�K` _
SHEET 1 County Rd 88 to County Rd 86
THORNTON WATER PROJECT
TWP SEGMENT E PIPELINE
BURNS`MCDONNELL
C,)THORNTON
WATER PR E OJEGI
Docusign Envelope ID 13I0E025-DDF4-471E-874C-646292EED8A6
VVELD COUNTY ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION
NOVEMBER 2024 / DRAFT / BURNS & MCDONNELL
" `9 O.1
c -us
"a
r
K toa
Cali c N
� cS1 W
m rsi
_11 N (n
Z �
It 0 C
ti tD It..+
cns ;-as �in
tu 310
a N
m'7 �
oie m oPa
a m
m7 a
-•
�
Rip
IS
INE
gers-
tlit116�
O
O
Bounty
-t/
County'Road
S IA 115-+ 70 STA 226+30
ounty
Legend
Seament E Pipeline
Weld County Access Points
Construction (Temporary) Access
Point
Construction and Permanent
Maintenance Point
Nulev
I. lids figure is hot planning yutpuyes only and teyn pint. appro,un4u•
locations, Survey glade amunaey k not luwNcd,
i. Data matures. [SKI City of Thumlun
i. Stations lot access points are appto7hoate.
SHEET 2 County Rd 86 to County Rd 84
THORNTON WATER PRO)EC1
TWP SEGMENT E PIPELINE
BURNS �MCDONNELL
THORNTON
WATER PROJEC'
Docusign Envelope ID 1310E025-DDF4-471 E-874C-646292EED8A6
�al �
4,
,gym
�- N
‘<5 i~
a. o N N
■� 43 SW
.. _ ,
ji Lfl
`„
n m
ii -
arm fD r-+
i .A
� in 3M
mita N
WC A
n 1N a.
71 Ira
�- m O
ter_ a) in
IP-Q s
:
r o
≥.M
.l
_ `'L
�- c7
.= o
�-
WELD COUNTY ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION
NOVEMBER 2024 / DRAFT / BURNS & MCDONNELL
Legend
Segment E Pipeline
Weld County Access Points
Construction (Temporary) Access
Point
Construction and Permanent
Maintenance Point
Flutes:
1. fAn figure is tut p—itmttg purpose. only and raptesetds apptuattuw
IU(otlons. Sutvey grade artutary is not implied.
Data euun:es' ES(ll. (aty ul Thunttun
J. Stahuna tut assess putnit ate appruxln ate.
s rA 610+95
Count
SHEET 3 County Rd 74 to Folsom Pkwy
ThuRNTON WATER PROJECT
TWP SEGMENT E PIPELINE
BURNS •MSDONNELL
THORNTON
//ATER PRO.,
Docusign Envelope ID 1310E025-DDF4-471 E-874O-646292EED8,A6
Smite
nett
wales
,, .
`,Cmpa
O IIjN
a®w
n"
in ts1
n m
(D ►-+
-13
7 W
lal
tv a • 3 N
..
a 77 () N
a -n y
�ft
fl. n) �
m
j.i
p •
s (.11
O
n
C
C
3
�i
a
ounty
".LSTA 597-F50
SlA 610+95
SHEET 4 Folsom Pkwy to County Rd 68 1/2
THORNTON WATER PROJECT
TWP SEGMENT E PIPELINE
Fla STA 640+60
STA;631 X807:, 9gi
WELD COUNTY ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION
NOVEMBER 2024 / DRAFT / BURNS & MCDONNELL
Road -13
•
BURNS \M�DONNELL
Legend
ea Segment E Pipeline
Weld County Access Points
Construction (Temporary) Access
Point
Construction and Permanent
Maintenance Point
Access Per (Half Mile Buffer )
Z
0.08 0.15
antes
Ibcs Iqurr_ es fur pLimmng purposes only and repreyrnts *prison bit
i-tertlans. Survey grade dccurary is nut Implied.
Data sources: BR!. City of Thornton
. Stations fur access pumts Aro approximate,
THORNTON
WATEFI PROJECT
Docusign Envelope ID: 1310E025-DDF4-471 E-874C-646292EED8A6
Exhibit C
Gravel Roads Maintenance and Reclamation Plan
City of Thornton - Thornton Water Pipeline Segment E
1. Purpose
This Gravel Roads Maintenance and Reclamation Plan (Plan) outlines the procedures and
standards required of the City of Thornton and its Contractors (hereinafter referred to
collectively as Contractor) to prepare, improve, maintain, and reclaim Approved Haul Route
Roads utilized for construction, delivery of materials, and daily activities throughout the
duration of the Thornton Water Pipeline Segment E Project (Project).
2. Responsibility
Weld County Gravel Roads Division will cease normal maintenance of all closed sections of
roadways utilized for the Project until Substantial Completion. All maintenance of the
roadways including issues caused by weather events and non -project traffic are the
responsibility of Contractor. Contractor is further responsible for all repairs caused by
Project traffic as described in section C.5.0 of Part 1 of the Agreement. If Contractor can
reasonably demonstrate that the need for repair is caused by non -Project related traffic,
Weld County will be responsible for such repairs.
3. Procedures
These procedures define necessary operations during each phase of the Project.
3.1 Preconstruction Survey/Inspection
At least 30 days prior to use of the Approved Haul Route Roads for construction of the
Project, County and Contractor will jointly survey and inspect all gravel Approved Haul
Route Roads and determine what improvements, if any, are necessary to accommodate
anticipated Project -related vehicle traffic. Results of the Preconstruction
Survey/Inspection will be documented in a Preconstruction Roadway Condition
Memorandum (Pre -Con Memo) which will include, at a minimum, a Roadway Video
Exhibit, and a Gravel Depth Test Location Inventory. The Pre -Con Memo will be
completed by County Personal, and Thornton shall have the opportunity to review prior
to accepting.
3.2 Preconstruction Roadway Improvements
Contractor shall improve gravel Approved Haul Route Roads as set forth in the Pre -Con
Memo. Gravel placement shall be done in accordance with Weld County Engineering &
Construction Criteria (WCECC), page 123, Table 9-12 and in accordance with the most
current versions of the Colorado Department of Transportation (CDOT) Standard
Specifications for Road and Bridge Construction and the Field Materials Manual.
3.3 Active Construction Period Roadway Maintenance
Approved Haul Route Road maintenance will include grading, gravel placement, dust
mitigation, and damage repair. A minimum of weekly maintenance is required for those
Approved Haul Route Roads addressed in the Pre -Con Memo. Road damage such as, but
not limited to, tracking, potholes, blow outs, soft spots, and wash outs, shall be repaired
within 48 hours of either the occurrence of the damage or notification by County.
County may inspect the conditions of Approved Haul Route Roads at any time
throughout the Project duration. Inspection of roadway conditions may include but is
Page 1 of 3
5021723 Pages: 13 of 15
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
V.V.4l1,.10,,I IIf-
Docusign Envelope ID: 1310E025-DDF4-471E-874C-646292EED8A6
not limited to roadway fore and back slopes, ditch grade and geometry, travel lane
slopes, crown, low spots/depressions, and gravel coverage. Corrective work resulting
from inspections shall be completed by Contractor within 48 hours of notification by
County. No less than twice each month, Contractor shall provide a schedule detailing the
locations and type of maintenance completed and locations and type of maintenance to
be completed.
3.4 Postconstruction
After the Project has been completed, Contractor shall restore all County roadways,
intersections, access locations and roadside drainage affected by the Project to
pre -construction widths, grades, and surface conditions documented in the Pre -Con
Memo. After Project completion and restoration of County roadways and prior to
termination of the RMCA as described in section B.2.2 of Part II of the RMCA,
post -construction Approved Haul Route Road conditions shall be jointly inspected by
County and Contractor to determine if there are any material deviations in the condition
of the Approved Haul Route Roads from those contained in the Pre -Con Memo. In its
sole and reasonable exercise of discretion, County shall inform Contractor of the
location and amount of gravel to be placed upon Approved Haul Route Roads, not to
exceed six inches of gravel in any one location. In making these determinations, County
shall endeavor to require only that amount of material which returns the road to the
pre -construction condition as documented in the Pre -Con Memo. Gravel placement shall
be done in accordance with Weld County Engineering & Construction Criteria (WCECC),
page 123, Table 9-12 and in accordance with the most current versions of the CDOT
Standard Specifications for Road and Bridge Construction and Field Materials Manual.
Acceptance testing for all post -construction repairs will be required upon completion of
restoration (refer to section 3 -Testing).
4. Testing
Required testing processes, methods and resulting procedures.
4.1 General procedures
Contractor shall be responsible for all testing procedures. Sampling and testing shall
follow procedures as identified in the most recent version of the CDOT Field Materials
Manual. All Process Control (PC) and Owners Acceptance (OA) sampling of material
shall be performed on grade. All work will be in conformance with the CDOT Standard
Specifications for Road and Bridge Construction. Surface Gravel placement will require
notification to Weld County a minimum of 48 hours in advance. If a County inspector is
not present during placement, the sample and testing location shall be recorded and
provided in the corresponding testing report. Non -reported or failed testing will require
removal and replacement of all material by Contractor.
4.2 Method Statement
The Contractor's method statement for testing should, at a minimum, include the
following:
• Sample locations using a random number generator
• PC and OA sampling frequencies. PC will deliver OA samples to Weld County
• Expected turnaround of test results
• Limits defining acceptable test results
• A third -party Test laboratory to dispute potential testing issues.
Page 2 of 3
5021723 Pages: 14 of 15
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 III
Docusign Envelope ID: 1310E025-DDF4-471E-874C-646292EED8A6
4.3 Required Tests
• Particle size analysis (Gradation)
• Atterberg Limits test
• Moisture Density Relationship
• LA Abrasion
• Aggregate soundness
• Fractured Faces
• In -place Density and Moisture content of Soil and Soil Aggregate by Nuclear
Method
Page 3 of 3
5021723 Pages: 15 of 15
04/09/2025 10:14 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
NlVilidc ��III
Contract Form
Entity Information
Entity Name*
CITY OF THORNTON
Entity I D *
`4)00001 741
Contract Name*
ROAD MAINTENANCE DURING CONSTRUCTION
AGREEMENT CITY OF THORNTON AP2 5-00033
Contract Status
CTB REVIEW
C New Entity?
Contract ID
9220
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujil lomartinez@weld.go
v
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT CITY OF THORNTON AP25-00033 THORNTON
WATER PROJECT PIPELINE SEGMENT E NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-Planning@weld.gov
Department Head Email
CM-Planning-
DeptHeadgweld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
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
Date*
03/24i2025
Due Date
03120/2025
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
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
03'13'2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Review Date*
03/24/2026
Committed Delivery Date
Contact Type
Contact Email
Finance Approver
CHERYL PATTELLI
Renewal Date
Expiration Date*
03 24 '2027
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
03/14/2025
Tyler Ref #
032625
Legal Counsel
BYRON HOWELL
Contact Phone 2
Legal Counsel Approved Date
03 i 14 2025
Originator
JTRUJILLOMARTINEZ
Hello