HomeMy WebLinkAbout20221998.tiffiD /t)/
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement
for: ONEOK Elk Creek Pipeline, LLC — USR20-0031
DEPARTMENT: Planning Services DATE: June 28, 2022
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, ONEOK Elk Creek Pipeline, LLC,
requesting that the Board of County Commissioners consider approving the Road Maintenance During
Construction Agreement for (USR20-0031). 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.
This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed
by the Board of County Commissioners.
What options exist for the Board? (include consequences, Impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available 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 ONEOK Elk Creek
Pipeline, LLC, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent
Agenda.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
V+a .Qrna.O
LN' PL(ic% KKK/MH0
CPO
/IMA
2022-1998
PL -2.711
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Attachments:
Approve - thanks!
** Sent from my iPhone **
Scott James
Wednesday, June 29, 2022 3:17 PM
Karla Ford
Lori Saine
Re: Please Reply - BOCC PA REVIEW - USR2O-OO31 — ONEOK
image002.jpg; image001 jpg; Signed PA and RMCA USR20-0031 ONEOK.pdf
Scott K. James
Weld County Commissioner, District 2
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
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.
On Jun 29, 2022, at 3:08 PM, Karla Ford <kford@weldgov.com>wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford xi.
Executive Assistant & Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
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.
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
ONEOK Elk Creek Pipeline, LLC — USR20-0031
THIS AGREEMENT is made this ay of , 2022., by and between ONEOK Elk
Creek Pipeline, LLC, a limited liability company organized under the laws of the State of DLLAIA0A4A
whose address is 100 West 5th Street, Tulsa, Oklahoma 74103, hereinafter referred to as "Property Owner,"
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, Property Owner is the owner of the following described property in the County of Weld,
Colorado:
Lot A of Recorded Exemption, RECX20-0068; being part
of the NE1/4 of Section 13, Township 7 North, Range 56
West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received the Board of County Commissioners approval of
USR20-0031, and
WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly
associated with USR20-0031, for an extended period of time; and
WHEREAS, the County, and Property Owner are desirous of agreeing to terms involving regulation
of haul routes, traffic control, and road wear arising from such additionaltraffic.
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: The Property Owner shall be financially responsible for its proportional share
of the associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) East and west along CR 82 between approved site access and State Highway 71.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 82 and travel east -west to the
nearest paved road for further dispersal. Any County roads used by traffic associated with USR20-0031 may
become part of the established haul/travel routes.
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.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
ONEOK Elk Creek Pipeline, LLC — USR20-0031 - RMCA21-0005
Page 1 of 6
020�� --/19f
above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may
authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads
whenever possible. A deviation from the established haul/travel route lasting more than six (6) months or
requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the
haul/travel routes designated herein, and provide notice to the Property Owner.
5.0 Haul Route Signage. Property Owner 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 Board 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 Dust Control/Abatement: The Property Owner is required to provide dust abatement along
affected haul route roads, as determined by the County. County will determine the proportionate share of dust
control to be paid by Property Owner. 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 Property Owner's facility. The County will have sole
responsibility for determination of the percentage of haul route traffic on all affected roads.
2.0 Obligation to Maintain Current and Future Haul Routes: Property Owner 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 Property
Owner'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 Property Owner's sourced traffic no longer utilizes the
above -described haul route and instead utilizes other portions of County roads, Property Owner 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
bi ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
2 Damage. Property Owner shall identify the repair required and shall consult with County on the
8 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 Property Owner identifies Significant
8 0 Damage prior to receiving notice thereof from County, Property Owner may commence repair of
=
Si such Significant Damage and shall concurrently notify County of the extent, type, timing,
m3 materials and quality of repair (i.e. temporary versus permanent).
m,R
'MA 2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property
Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated
iiE 2.1 as described in this Agreement.
�a~7
dam;- 3.0 Proportionate Share of Road Maintenance Responsibilities:
.797.--
i, .0-E
mgi'tY�
�N� ONEOK Elk Creek Pipeline, LLC — USR20-0031 - RMCA21-0005
iaii Page 2 of 6
3.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs, or maintenance of any particular Haul Route Road. Property Owner's Proportionate Share
shall be based upon the percentage of traffic on the road that is attributable to Property Owner's
facility. County personnel will determine the percentage based on then current Equivalent Single
Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not sourced
from the Property Owner's facility.
3.2 The County shall notify Property Owner of County's preliminary determination and assessment
of Property Owner's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Property Owner with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The
County shall review and consider Property Owner's input prior to making a final determination
and assessment. The County shall have sole responsibility for determination of Property Owner's
proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits. Property Owner 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:
1.1 Access Permits. Property Owner shall not use any access onto any County road unless and
until an access permit has been issued by the Department of Public Works. Public Works 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.
1.2 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. 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. Property Owner 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 site specific Use
associated with USR20-0031, 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. Property Owner shall be financially responsible for any and all damage
caused to any Weld County Road as a result of the design and construction of the site specific Use associated
with USR20-0031, without regard to the negligence, or lack thereof, of Property Owner 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
ONEOK Elk Creek Pipeline, LLC — USR20-0031 - RMCA21-0005
Page 3 of 6
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Property Owner has violated any
of the terms of this Agreement, County shall so notify Property Owner and shall state with specificity the facts
and circumstances which County believes constitute the violation. Property Owner 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
Property Owner's complete cessation of all activities permitted by the USR. 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 Property Owner of
cessation of activities, and verified by the County, cessation shall be presumed if the County
determines that the USR has been inactive for three (3) years.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Property Owner or Operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of Property
Owner's USR, except that the Property Owner shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement.
2.4 Completion of Construction: This Agreement shall terminate following Property Owner's
completion of construction of the facilities authorized by the underlying USR. Property Owner
shall notify the County of completion.
3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the material terms of
this Agreement constitutes cause to revoke the USR, 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 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: This Agreement may not be delegated, transferred or assigned in whole or in
part by Property Owner without the express written consent of County and the written agreement of the party
to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall
be accomplished by County's execution of a new Improvements Agreement with the successor owner of the
property. Consent to a delegation or an assignment will not be unreasonably withheld or delayed by County.
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 the roads affected by this Agreement. All of the terms and conditions set forth in this
Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of
Property Owner, 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.
ONEOK Elk Creek Pipeline, LLC — USR20-0031 - RMCA21-0005
Page 4 of 6
3.0 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.
4.0 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.
5.0 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.
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 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, Property Owner 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 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.
8.0 Attorney's 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.
9.0 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.
10.0 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,
Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
within five (5) days of receiving such request.
ONEOK Elk Creek Pipeline, LLC — USR20-0031 - RMCA21-0005
Page 5 of 6
PROPERTY OWNER: ONEOK Elk Creek Pipeline, LLC
By:
Name:
Date
Todd MdKlmmey
Title:WbbgratedOperationsand-Capital Projecb
STATE OF Did -I O
County of-Wek4 11A, tS)1
SS.
The foregoing instrument was acknowledged before me this day of ki\eU? ,
2022,, by TatA N 4 i w1 Akeil
WITNESS my hand and off
(0.
lt"'N
WELD COUNTY:
ATTEST:
OteitL
Notary I'ubiic
dd�,IJ
BOARD OF COUNTY COMMISSIONERS
Weld Co Clerk to the Bard WELCOUNTY, COLORADO
BY:
Deputy C11 to he B. i
Scott K. James, Chair ,JUL 1 3 2022
ONEOK Elk Creek Pipeline, LLC — USR20-0031 — RMCA21-0005
Page 6 of 6
Contract Form
New Contract Request
Entity Information
❑ New Entity?
Entity Name* Entity ID.
ONEOK ELK CREEK PIPELINE LLC x'00040424
Contract Name* Contract ID
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 6108
ONEOK ELK CREEK PIPELINE LLC USR20-0031
Contract Status
CTB REVIEW
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujil lomartinezgweldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT ONEOK ELK CREEK PIPELINE LLC USR20-0031 NO COLLATERAL
REQUIRED
Contract Description 2
Contract Type
AGREEMENT
Amount *
50.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM -Planning iseldgov.com
Department Head Email
CM-Planning-
DeptHead.tiweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM
COUNTYATTORNEY.OWELDG
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
07!11;2022
Due Date
07 07 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
On Base
Contract Dates
Effective Date
Review Date*
07 11 2023
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date
07 1 1;'2024
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval P
Department Head
TOM PARKA JR.
DH Approved Date
07/06{2022
nal Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07 13,2022
Originator
JTRUJILLOMART1NEZ
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approved Date
Finance Approver
CHERYL PATTELLI
Finance Approved Date
07:07;2022
Tyler Ref #
AG 071 322
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
07'07, 2022
Hello