HomeMy WebLinkAbout20220324.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road During Construction Maintenance Agreement
for: Outrigger DJ Operating LLC — LAP21-0009
DEPARTMENT: Planning Services DATE: January 11, 2022
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Outrigger DJ Operating LLC,
requesting that the Board of County Commissioners consider approving the Improvements and Road
Maintenance During Construction Agreement for (LAP21-0009). 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 "Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements", are found to be acceptable.
What options exist for the Board? (include consequences, Impacts, costs, etc. of options):'
1. Have this BOCC Hearing item be placed on thenext agenda as part of the Consent Agenda,,
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. 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 LAP21-0009, and that
this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Approve Schedule
Re mendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
__(7K
Steve Moreno
f
Lori Saine
)-Tc_
1? ':PL(Do2ioAi/ M)
2022-0324
Q&Db C 3
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Outrigger DJ Operating LLC — LAP21-0009
! 2/'
/
THIS AGREEMENT is made this % day o , 2020Z-, by anbetween Outrigger DJ
Operating LLC, a limited liability company organized under t laws of the State of , whose
address is 1200 Seventeenth Street, Suite 900, Denver, Colorado 80202, 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 "O" Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Operator is the responsible party of the Location Assessment for Pipelines (LAP) permit
located on the following described property in the County of Weld, Colorado:
Beginning in the NI/2 NE1/4 of Section 27, traveling
west into Section 28, north into Section 21, and west to
the Point of Termination in the SE1/4 of Section 19, all
being a part of Township 9 North, Range 60 West of the
6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received conditional approval from the Director of the Oil and Gas Energy
Department for LAP21-0009, and
WHEREAS, the Operator facility will generate additional vehicles and heavy traffic directly associated
with LAP21-0009, 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.
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. Haul/Travel Routes: Haul Route Roads are considered that length of roadway within 1/2 mile of
m3} each access location (temporary or permanent) and Right -of -Way (ROW) crossing of the pipeline.
� ua
C. Maintenance Requirements:
OLL o=-'-
- I 1.0 Off -Site Dust Control/Abatement: The Operator is required to provide dust abatement along affected
ins r gravel Haul Route roads within 1/2 mile of each access location of the pipeline, as determined by the County.
County will determine the proportionate share of dust control to be paid by Operator. The amount and extent
of dust control measures will be determined by site -specific conditions at the time, as determined exclusively
by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the
mm a Operator's facility. The County will have sole responsibility for determination of the percentage of haul route
,NYZti traffic on all affected roads.
wNaM
co L =
Outrigger DJ Operating LLC — LAP21-0009 - RMCA21-0015 !�
Page 1 of 7 J'O�A �b ✓OZV
2.0 Obligation to Maintain Current and Future Haul Routes: Operator will be financially responsible for
the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole
opinion of County has been created by vehicle traffic to and from the Property. Should Operator's site activities
or vehicle circulation patterns change in the future so that County approves an alternate haul route, and all or
a significant portion of Operator's sourced traffic no longer utilizes the above -described haul route and instead
utilizes other portions of County roads, Operator shall cooperate with County in maintenance of said roads
which are included within the new haul route. The type and method of repair will be determined by the County
Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall
commence within thirty (30) days of receipt of Weld County's written notice.
2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul 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 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).
2.2 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
described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities:
3.1 Operator shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs,
maintenance, improvements, or future road replacement of any particular Haul Route Road.
Operator's Proportionate Share shall be based upon the percentage of traffic on the road that is
attributable to Operator's facility. County personnel will determine the percentage based on then
current Equivalent Single Axle Load (ESAL) Counts. Operator shall not be responsible for traffic
that is not sourced from the Operator's facility.
9
0
o
039 0
a
om�
Q-
ILO
N m�
InNa
'-I
)N a
3.2 The County shall notify Operator of County's preliminary determination and assessment of
Operator's proportionate share of costs. 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 proportionate share of costs.
Part II: General Provisions
A. General Requirements:
1.0 Permits. Operator must still apply for and abide by the terms of any necessary right-of-way permits,
grading permits, and building permits. No work may occur in the County's right-of-way without a County
issued right-of-way permit and access permit.
1.1 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
Outrigger DJ Operating LLC — LAP21-0009 - RMCA21-0015
Page 2 of 7
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.
1.2 Right -of -Way 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.
1.3 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 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 said design and construction of the pipeline, and pay any and all
judgments rendered against the County on account of any such suit, action or claim, 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.
3.0 Liability for Damage to Road. Operator shall be financially responsible for any and all damage caused
to any Weld County Road as a result of the installation, use, or maintenance of the pipeline through the
County's rights -of -way, without regard to the negligence, or lack thereof, of Operator or its agents. This
provision shall survive Termination of this Agreement pursuant to Section B.2.0, below, and shall be of no
further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Operator has violated any of the
terms of this Agreement, County shall so notify Operator and shall state with specificity the facts and
circumstances which County believes constitute the violation. Operator shall have thirty (30) days within
which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the earliest of
the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the LAP. A partial cessation of
activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a
partial release constitute a Termination. Unless informed in writing by the Operator of cessation
of activities, and verified by the County, cessation shall be presumed if the County determines that
the LAP has been inactive for three (3) years.
3 _
2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator or Operator who has purchased
the Property or has assumed the operation of the business permitted by the LAP, and intends to
da C JE make use of the rights and privileges available to it through the then existing LAP.
d m 2.3 Rescission of LAP: This Agreement shall terminate following County's rescission of Operator's
LAP, except that the Operator shall only be released from this Agreement after the successful
N a� completion of all improvements required under this Agreement.
If)
gym" Outrigger DJ Operating LLC — LAP21-0009 - RMCA21-0015
Page 3 of 7
2.4 Completion of Construction: This Agreement shall terminate following Operator's completion of
construction of the facilities authorized by the underlying LAP. Operator shall notify the County
of completion.
3.0 Rescission of LAP: Operator acknowledges that failure to comply with the material terms of this
Agreement constitutes cause to rescind the LAP, and County may exercise this option in its sole reasonable
discretion by proceeding with rescission 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 Agreement,
County may seek relief in law or equity by filing an action in the Weld District Court.
C. Miscellaneous Provisions.
1.0 Successors and Assigns:
1.1 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 Improvements Agreement with the successor owner 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 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.
4.0 No Third Party Beneficiary Enforcement: 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 contained in this Agreement shall give or allow any
• claim or right of action whatsoever by any other person or entity not included in this Agreement. 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 Agreement shall be an incidental beneficiary only.
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
m3 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.
..mom
cLL ° -A 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.
�m aZ In the event of a legal dispute between the parties, Operator agrees that the Weld County District Court shall
r� Outrigger DJ Operating LLC — LAP21-0009 - RMCA21-0015
Page 4 of 7
have exclusive jurisdiction to resolve said dispute.
8.0 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.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract Professional,
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.
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, and associated Exhibits, 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
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
oWeld County Code shall control.
U V
tO�yL�
01
�m—
a
IfN �
r9U
0 b
Nm!!
NO
a
If) 00
TNY L~
cONa
0) �=
Outrigger DJ Operating LLC — LAP21-0009 - RMCA21-0015
Page 5 of 7
OPERATOR Outrigger DJ Operating LLC
By:
Name:
Title:
STATE OF COLORADO
County of Weld
Date: , ?O2
ss.
The foregoing instrument was acknowledged before me this41-day of
2022. by _U kiiy,m7 f
WINESS mm JQk cial seal.
STATE OF COLORADO
NOTARY ID 20174018080
MY COMMISSION EXPIRES April 26, 2025
WELD COUNTY:
ATTEST:
Welc
BY:
Notary Public
BOARD OF COUNTY COMMISSIONERS
LLD CO JNTY, COLORADO
:ott K. James, Chair
Outrigger DJ Operating LLC — LAP21-0009 - RMCA21-0015
Page 6 of 7
JAN 1 2022
o2o as - a3a�
New Contract Request
Entity Information
EntityName* Entity ID* ❑ New Entity?
OUTRIGGER Dj OPERATING LLC 0042090
Contract Name * Contract ID Parent Contract ID
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 5514
OUTRIGGER DJ OPERATING LLC LAP21-0009
Contract Lead * Requires Board Approval
Contract Status JTRLIJILLOMARTINEZ YES
CTB REVIENV
Contract Lead Email Department Project
jtrujillor artinez weld ov.c
om
Contract Description *
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT OUTRIGGER Dj OPERATING LLC LAP21-000x9 NO COLLATERAL
REQUIRED
Contract Description 2
Contract Type *
Department
AGREEMENT
PLANNING
Amount*
Department Email
$0.00
CM-Pianning eldgov.coni
Renewable *
Department Head ail
NO
CM-Planning-
DeptHeadcweIdgov.cam
Automatic Renewal
County Attorney
Grant
GENERAL COUNTY
ATTORNEY EMAIL
IGACounty
Attorney Email
CM-
COUNTYA1TORNEYaWELDG
OV.COM
if this is a renewal enter
previous Contract ID
if this is part of a MSA enter MSA Contract 1D
Requested BOCC Agenda Due Date
Date* 01120/2022
01/24?2022
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
OnEase
Contract Dates
Effective Date Review Date * Renewal Date
01/24/2023
Termination Notice Period Committed Delivery Date
Expi ration Date
01/24/2024
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
TOM PARKO JR.
DH Approved Date
01/'11/2022
Final Approval
C Approved
C Signed Date
BOCC Agenda. Date
01/19/2022
Originator
JTRUJILLOMARTINEZ
Contact Type Contact Email
Finance Approver
CHRIS a'OV'1DIO
Finance Approved e
01/11/2022
Tyler Ref #
AG 011922
Contact Phone I Contact Phone 2
_o i*'zI r,
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
01'l1/2022
MEMORANDUM
TO: Jennifer Teeters, Oil & Gas Energy Department
FROM: Natalie DeLaCroix, Development Review, Planning Department
DATE: January 12, 2022
SUBJECT: LAP21-0009 Outrigger
BLC Pipeline
Development Review representing Weld County Department of Public Works and Department of Planning
Services has reviewed this request for a Location Assessment for Pipeline (LAP). Outrigger's Pipeline is a
3 mile pipeline consisting of 16" outside diameter high density polyethylene pipeline. The pipeline is
proposed to transport natural gas production from multiple wells being drilled or that may be drilled in the
future near the pipeline.
COMMENTS
ACCESS REVIEW
Permanent access permit applications submitted for this project have been approved. Please see the
following:
APOG21-0084
The draft maps call out two temporary access points (one on CR 103 and one on CR 390), for which no
access applications have been received at this time. The applicant must submit temporary access permit
applications for these access points and the applications must be approved by Planning.
All access points (permanent, temporary, and equipment crossings) must be shown on the final maps and
labeled.
ROADS AND RIGHT-OF-WAY
The application shows five (5) Weld County right-of-way crossings. Right of Way Use Permits will be
required for all crossings of Weld County right-of-way, both maintained and non -maintained. Please see
the following crossings:
Road Name/Section Line
Type
Paved / Gravel
WCR 103
Local, Maintained
Gravel
WCR 102
Non -maintained
N/A
WCR 390
Collector, Maintained
Paved
WCR 101
Non -maintained
N/A
WCR 99
Non -maintained
N/A
The proposed pipeline is shown running parallel to the following Weld County rights -of -way. The pipeline
must be located outside of Weld County right-of-way when running parallel to:
Road Name/Section Line
Type
Paved / Gravel
102
Non -maintained
N/A
Transport Permits will be required of all Contractors and Subcontractors hauling Oversized or Overweight
loads such as equipment and/or materials on Weld County roadways to a from locations.
DEVELOPMENT REVIEW
Page 1 of 2
Tracking control is required to prevent tracking from the site onto public roadways. Temporary Tracking
Control shall be used during construction. Contact Public Works for tracking control options. The approved
access and tracking control shall be constructed prior to construction of the pipeline.
If more than one (1) acre is to be disturbed for construction of non -pipeline items, such as structures, parking
lots, laydown yards etc., a Weld County grading permit will be required prior to the start of construction.
MS4 REVIEW
Proposed pipeline is not located within the MS4 area, therefore MS4 requirements do not apply.
IMPROVEMENT AGREEMENT
A Construction Road Maintenance Agreement is required with this application.
See RMCA21-0015
REQUIREMENTS OF APPROVAL
Requirements Prior to Approval:
1. The applicant shall submit temporary access applications for the temporary access points shown on
the draft maps. All access permits are required to be approved by Planning. (Development Review -
Department of Planning)
Requirements Prior to Construction:
The applicant shall pay for and be in receipt of all approved and issued access permits prior to
construction. (Development Review - Department of Planning)
2. The applicant shall obtain right-of-way use permits for all work that will be occupying, constructing or
excavating within or encroaching upon all Weld County rights -of -way. (Department of Public Works)
3. A special transport permit will be required for any oversized or overweight vehicles that may access the
site and utilize Weld County roads. (Department of Public Works)
4. The approved access and tracking control shall be constructed prior to construction of the pipeline.
(Development Review - Department of Planning)
5. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld County grading
permit will be required. (Department of Planning - Development Review)
For Additional Questions Related to Planning/Public Works, please contact the following:
Access Permits Laura Gomez Igomez(a�weldgov.com 970-400-3587
Improvements Agreements Jazmyn Trujillo Martinez itrujillomartinez�weldgov.com 970-400-3711
Right -of -Way Permits Amy Mutchie amutchie(cD-weldgov.com 970-400-3764
Public Works Development Review Natalie DeLaCroix ndelacroix(c)_weldgov.com 970-400-3588
Page 2 of 2
Hello