HomeMy WebLinkAbout20252786.tiff Co *rc ci 3 ck ck 1-t3
MEMORANDUM
TO: Clerk to the Board
*;,,1.§. .
j` �� ,gip DATE: September 22,2025
L \I' `rL1
7 Ili - FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
'!41.—C�UNTY
SUBJECT: BOCC Agenda Item—Approve Road Maintenance
During Construction Agreement For:
Noble Energy, Inc.— 1041 WOGLA25-0019
Request to Approve Road Maintenance During Construction Agreement:
The Department of Planning Services received a request from the applicant, Noble Energy, Inc.,
requesting that the Board of County Commissioners consider approving the Road Maintenance
During Construction Agreement for (1041WOGLA25-0019). No collateral is required with this
agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA25-0019 is scheduled for
September 25, 2025.
Weld County Planning Services,Public Works,and Oil and Gas Energy Departments 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.
• This Agreement complies with the terms of the WOGLA Permit, as signed by the
Director of Oil and Gas Energy Department.
• This Agreement follows the template approved by the County Attorney.
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
1041 WOGLA25-0019, and that this item be placed on the next regularly scheduled BOCC Hearing,
as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
CoY1�Y\\. A e-c-• cc;pL(vA/ST{rt)
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��/�I/2S 2025-2786
OG0003
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Noble Energy, Inc— 1041WOGLA25-0019
THIS AGREEMENT is made this t 3 day of OC*b o1(, 202 5, by and between Noble Energy,
Inc, a corporation organized under the laws of the State of Colorado, whose address is 2115 117th Avenue,
Greeley, Colorado 80634, hereinafter referred to as "Operator," authorized to do business in the State of
Colorado, 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 "0" Street, Greeley, Colorado 80631 hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, Operator is the responsible party of the 1041 Weld Oil & Gas Location
Assessment (1041WOGLA) permit located on the following described property in the County of Weld,
Colorado:
NW 1/4 SE1/4 of Section 33,Township 5 North,Range 65
West of the 6th P.M.,Weld County,Colorado
hereinafter referred to as "the Property,"and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041 WOGLA25-0019
WHEREAS,the Operator facility will generate additional vehicles and heavy traffic directly associated
with 1041 WOGLA25-0019,for an extended period of time;and
WHEREAS, the County, and Operator are desirous of agreeing to terms involving regulation of
haul routes, traffic control, and road wear arising from such additional traffic; and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA25-0019 is conditional
upon Operator's agreement to fund road maintenance, as described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein,the parties hereto promise,covenant and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
B. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes. The Operator shall provide haul routes to be reviewed and approved by the Department
of Public Works. The Operator shall be financially responsible for its proportional share of the County's costs
associated with maintaining and/or improving designated haul/travel routes as related to traffic generation.
Traffic generated from this site shall enter and exit at the approved access on CR 43 and travel to the nearest
paved arterial or collector road,or highway,and remain on paved roads for further dispersal.Any County roads
used by traffic associated with 1041 WOGLA25-0019 may become part of the established haul/travel routes.
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Carly Koppel', Clerk and Reoorder, Weld County , CO 5 0019—RMCA25-0016
III firdWIielifi iiiiNUMNIIIf1/151M11�0 111111
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1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period designated
as construction or high-volume traffic to and from the Property:
1) See"EXHIBIT A"-Haul Route Map.
2)The haul route shall remain in effect during all times of heavy road use including but not limited to,
construction,drilling of wells, and hydraulic fracturing.
2.0 Notice of Construction. A pre-construction inspection and a post-construction inspection shall be
performed by County personnel to determine the site-specific condition of the road.The Operator shall provide
the Weld County Departments of Public Works and Planning Services with two weeks advance notice of the
start of construction activities authorized by the 1041 WOGLA permit and shall give additional notice within
two weeks after construction has been completed.
3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle and
axle configurations unless overweight permits have been applied for and granted. Operator is responsible for
researching weight limited bridges and obtaining a Special Transport Permit in accordance with Chapter 8,
Article XV, when establishing haul routes, and furthermore, must follow County overweight permit and
regulations.
4.0 Temporary Deviations. The Weld County Department of Planning Services Director may approve
temporary (six months or less)deviations from the haul routes described above.To receive such approval,the
Operator must submit an updated haul route map and written request stipulating the reasons for the deviation,
which will be reviewed County personal. Any change in haul route lasting more than six months shall require
an amendment to this Agreement approved by the Board of County Commissioners.
5.0 Haul Route Signage. Operator shall install travel route signs,if applicable,as per Manual of Uniform
Traffic Control Devices standards,at all exit points of the Property which can be clearly seen by drivers leaving
the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes.Except as authorized by the Weld County Board of County
Commissioners or the Director of the Department of Weld County Planning Services, pursuant to this
Agreement,no use of any roads other than those specifically authorized for use in this Agreement is permitted
without the prior written amendment of this Agreement.
C. Maintenance Requirements:
1.0 Off-site recurring maintenance, if applicable,and as required by the Departments of Planning
Services, Public Works, and Oil and Gas Energy, shall only be performed by a County approved contractor
and have a county Right-of Way permit for that specific location:
2.0 Dust Control. Operator shall be financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction, heavy truck traffic, and/or high-volume trip
generation. The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site-specific conditions at the time. Operator shall use a County-pre-approved contractor for
chemical applications.Chemical treatment of unpaved roads along the relevant haul/travel route(s)is expected
to occur approximately two to five times per year, or as required by Public Works. If traffic associated with
this use exceeds 200 vehicles per day, per Weld County Code Section 8-6-100, the Operator shall be
responsible for dust abatement. On the basis of damage or complaints, as determined by the County, the
Operator shall cause to be performed within two days of notification,at its sole expense,chemical dust control,
or other treatment, by a contractor approved by Weld County Public Works. Should the traffic related to
1041 WOGLA25-0019 deteriorate the chemical application performed by the County, the Operator will be
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Carly Koppel, Clerk and Recorder, Weld County , CO
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responsible for re-applying chemical to return the road to pre-construction condition.Depending on the amount
of maintenance, as related to traffic associated with this use, the Department of Public Works may require an
alternative treatment method which may or may not include topical chemical application,full-depth chemical
application,recycled asphalt or other surface treatment.
3.0 Repair. Operator shall be financially responsible for its proportional share of the repair or
improvement, including but not limited to, excavation, patching, pavement and/or gravel repair, grading,
installing material on designated haul/travel routes. The amount and extent of repair and/or paving measures
will be determined by site-specific conditions at the time, as determined exclusively by County personnel.
Weld County and Operator will work together on a plan needed for repair of any roads,including who performs
the repair. Operator shall provide the County with a pre-approved contractor to be used for repairs.
4.0 Need for Immediate Repairs.In the event of damage to a designated haul/travel route by project traffic
that causes an immediate threat to public health and safety or renders the road impassible ("Significant
Damage"),County shall,after inspection,notify Operator of such Significant Damage. Operator shall identify
the repair required and 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 forty-eight (48) hours after receipt of such notice. If Operator identifies
Significant Damage prior to receiving notice thereof from County, Operator 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).
5.0 Repair of Road. On or before December 31 of the calendar year in which County staff has determined
through site analysis and/or pavement testing that a particular haul/travel route road portion will require paving
measures or major gravel maintenance in order to protect the public health,safety,and welfare,and the County
has budgeted sufficient funds for the following calendar year to pay its share of the Off-Site
Improvement/Repair Costs, County shall notify Operator in writing that the Off-Site Improvements/Repairs
shall be undertaken and shall provide an alternate haul route for the duration of those repairs.In County's sole
discretion, County may undertake the repairs and/or improvements. Operator's payment for its Proportionate
Share of the road repairs/improvements will be calculated as determined in this Agreement. Operator will be
invoiced accordingly for those proportional share costs.
6.0 Calculation of Operator's Proportional Share of Costs. The County shall notify Operator of County's
preliminary determination and assessment of Operator's proportional share of costs of maintenance,repair,or
improvements to Operator's designated haul/travel routes. Prior to County's final determination and
assessment, County shall provide Operator with a reasonable opportunity to review, comment upon and
supplement County's data,collection methodology,and determinations.The County shall review and consider
Operator's input prior to making a final determination and assessment. The County shall have sole
responsibility for determination of Operator's proportional share of costs. Operator agrees to pay such
proportional share of costs within 30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Operator for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its
sole discretion, shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season. Notification to the
Operator of the required roadway repairs will be given as soon as the data become available.
8.0 Notification.The County shall notify Operator of County's preliminary determination and assessment
of Operator's proportionate share of costs of maintenance, repair, or improvements to Operator's designated
haul/travel routes. Prior to County's final determination and assessment, County shall provide Operator with
a reasonable opportunity to review, comment upon and supplement County's data, collection methodology,
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and determinations. The County shall review and consider Operator's input prior to making a final
determination and assessment.
Part II: GENERAL PROVISIONS
A. Permits: The Operator is required to apply for and receive all permits required by the County or any
other applicable local, State,or federal permit, including but not limited to:
1.0 Access Permits. Operator 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 may condition the issuance
of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the
use of an additional access point, or if there is a change in use of the current access point, as permitted by
Article XIV of Chapter 8 of the Weld County Code.
2.0 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. No work
shall occur without said ROW permit.
3.0 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.
B. Enforcement and Remedies
1.0 Violation of Terms of Agreement. If in County's opinion, Operator has violated any of the terms of
this Agreement, County shall notify Operator of its belief that the Agreement has been violated and
shall state with specificity the facts and circumstances which County believes constitute the violation.
Operator shall have fifteen (15) days within which to either cure the violation or demonstrate
compliance. If,after fifteen(15)days have elapsed,County believes in good faith that the violation is
continuing,County may consider Operator to be in breach of this Agreement.
2.0 Remedies for Breach by Operator. In the event that County determines that Operator has violated the
terms of this Agreement,and has failed to correct said violation,County may exercise any or all of the
following remedies,or any other remedy available in law or equity.
2.1 Court Action. County may seek relief in law or equity by filing an action in the Weld District
Court or Federal District Court for the District of Colorado, except that no such civil action or
order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.2 Revocation of 1041 WOGLA Permit.Operator acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the 1041 WOGLA, and County may exercise this
option in its sole discretion by proceeding with revocation under the current provisions of the Weld
County Code.
3.0 Termination of Agreement.This Agreement shall terminate upon the earliest of the following events:
3.1 Failure to Commence. County may terminate this Agreement upon or after rescission of the
underlying 1041 WOGLA permit approval under Weld County Code Chapter 21. However,
County may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
S081S08 Pages: 4 of 9 A25-0019-RMCA25-0016
10/27/2025 10:45 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO of
11111 l�� RyR l l� 'I K�hN 01111014 Li 11111
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the 1041 WOGLA,including any clean
up or restoration required. A partial cessation of activities shall not constitute a Termination of
this Agreement,nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Operator of cessation of activities, and verified by the County,
cessation shall only be presumed if the County determines that the site has been inactive for three
(3) years.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA and intends to make
use of the rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA. This Agreement shall terminate following County's revocation of
Operator's WOGLA,except that the Operator shall only be released from this Agreement after the
successful completion of any/all reclamation required under this Agreement.
3.5 Completion of Construction. This Agreement shall terminate following Operator's completion of
construction, drilling of wells, and hydraulic fracturing (all heavy traffic has concluded on the
Property)of the operations authorized by the underlying 1041 WOGLA.Operator shall notify the
County of completion of construction so a final inspection can be completed.
C. Miscellaneous Provisions.
1.0 Successors and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets, Operator may not
delegate, transfer, or assign this Agreement in whole or in part, without the prior express written
consent of County and the written agreement of the party to whom the obligations under this
Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably
withheld by County. In such case, Operator's release of its obligations shall be accomplished by
County's execution of a new Agreement with the successor Operator of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of the
parties.
3.0 Governmental Immunity. No term or condition of this contract 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.
4.0 No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
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Carly Koppes, Clerk and Rao'''. — Weld County CO
III I��.�P t� 'I NW*
'��i'��Y�Mill Ili Jhl�'r.hY4rh 1111
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee.
7.0 Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
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, the parties agree that the Weld County District Court or
Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Operator,concerning this
Agreement,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 Release of Liability.Operator shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description
caused by, arising from, or on account of the design and construction of improvements, and pay any and all
judgments rendered against the County on account of any such suit, action or claim, and notwithstanding
Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending
such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of
the County or its officers,agents,employees,or otherwise except for the liability,loss,or damage arising from
the intentional torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the improvements shall
maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate
in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and
health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants
to the other that the execution and delivery of the Agreement and the performance of such party's obligations
hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such
party and enforceable in accordance with its terms. If requested by the County, Operator shall provide the
County with proof of Operator's authority to enter into this Agreement within five (5) days of receiving such
request.
12.0 Acknowledgment.County and Operator acknowledge that each has read this Agreement,understands
it and agrees to be bound by its terms. Both parties further agree that this Agreement, 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 Agreement.
13.0 Notwithstanding any other provision contained in this Agreement,for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
5061508 Pages: 6 of 9 5-0019-RMCA25-0016
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Carly Koppes, Clerk and Recorder, Weld County , CO
����WMFI BiA'I 11,I '1061 a,141,l =L '14M Whh 111111
underlying land use permit,the provisions of the Board's Resolution shall control.In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the
Weld County Code shall control.
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Carly Koppes, Clerk and Recorder, Weld County , CO
illINFAMIMV
MAIN NM II III
Noble Energy,Inc—1041 WOGLA25-0019—RMCA25-0016
Page 7 of 8
OPERATOR:, BLE ENERGY, INC /
By:��-u Date 9/Z/W Z.5
Name:Z 1 S h.e.fuan
Title: r1\G" n -FA.L7
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this . day of SE>r err-
202 5 ,by 2^c 5%--I v.-.s�rz.o�
WITNESS my hand and official seal. 11-----)----r.02—,
ANNE M DUCK I Notary Public
NOTARY PUBLIC•STATE OF COLORAOO I
NOTARY ID 20134018300 I
MY COMMISSION EXPIRES JUI.30,2029 I
WELD COUNTY:
� ,�
ATTEST: „40;,,�C1J a '� BOARD OF COUNTY COMMISSIONERS
Weld C1Jvuà4&fl
unty Crk to
the �'o/arrddp� WEI OUNTY,COLORADO
BY: iU/ l.Cf/
Deputy Clerk to the Board I0' 1"%04: L. ck,Chair
' �� OCT‘31(--e4
1 3 2025
.o�
1861 i �'
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 rdlni h IMIVI �1 11111111011111KNVIIIYMIA lI II
Noble Energy,Inc-1041 WOGLA25-0019-RMCA25-0016
Page 8 of 8
ZoZS-Zi$k0
EXHIBIT
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BODACIOUS STATE F33-10 PAD
HAUL ROUTE MAP
ASCENT
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LOCAL
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.. WELD COUNTY ROAD 50112 k'� ARTERIAL H ROAD OR DNWAY LED
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�r 1��.Ma�RWRIP ram. _ 1 ..®� !}�N��..s :� _ - _ F->u c ,•s:.>v_... .„®�� CARE CENTERS. SCHOOL FACILITIES.MIdOR CHILD s FACILITIES,FUTURE \
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01 01
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Carly Koppel, Clerk and Recorder, Weld County , CO
1111 NM I Kt 141,11P MII'Zil iI N.fi h 11111
Contract tForm
Entity Information
Entity Name* Entity ID* Q New Entity?
NOBLE ENERGY INC @00026021
Contract Name* Contract ID Parent Contract ID
ROAD MAINTENANCE DURING CONSTRUCTION 9943
AGREEMENT 1041 WOGLA25-0019 NOBLE ENERGY INC
Contract Lead* Requires Board Approval
Contract Status JTRUJILLOMARTINEZ YES
CTB REVIEW
Contract Lead Email Department Project#
jtrujillomartinez@weld.go
v
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 1041 WOGLA25-001 9 NOBLE ENERGY INC NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 09/27/2025
10/01 /2025
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
ATTORNEY EMAIL
IGA 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
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 Review Date* Renewal Date
10/01 /2026
Termination Notice Period Committed Delivery Date Expiration Date*
10/01 /2027
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
10/02/2025 10/02/2025 10/02/2025
Final Approval
BOCC Approved Tyler Ref#
AG101325
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
Hello