HomeMy WebLinkAbout20211142.tiffBOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement
for: AMES Construction, Inc — TAP21-0004
DEPARTMENT: Public Works DATE: April 20, 2021
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problemlissue:
The Department of Public Works received a request from the applicant, AMES Construction, Inc., requesting
that the Board of County Commissioners consider approving the Road Maintenance During Construction
Agreement for (TAP21-0004). No collateral is required with this agreement.
Weld County Public Works, Planning Services 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.
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 Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for TAP21-0004, and that
this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Approve
Recommendation
Schedule
Work Session Other/Comments:
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
AMES Construction, Inc. — TAP21-0004
THIS AGREEMENT is made this IL{ day of Aream. , 2021 by and between AMES
Construction, Inc., a corporation organized under the laws of the State of itAINAmurrA , whose address is
18450 E. 28th Avenue, Aurora, Colorado 80011, 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 lessee of the following described property in the County of Weld,
Colorado:
Being a part of the N1/2 NE1/4 of Section 6, Township 9
North, Range 67 West of the P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received the Department of Public Works conditional approval of
TAP21-0004, and
WHEREAS, the Operators facility will generate additional vehicles and heavy traffic directly
associated with TAP21-0004, 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
2 B. Haul/Travel Routes: The Operator 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:
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1) East and west along CR 110 between approved site accesses and Larimer County Line.
mw,:2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 110 and travel east -west to
is 3 the nearest paved road for further dispersal. Any County roads used by traffic associated with TAP21-0004
.��may become part of the established haul/travel routes.
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is �- 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and
dN 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
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2:114,.M AMES Construction, Inc. — TAP21-0004 — RMCA21-0007
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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 Operator.
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 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 Operator 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 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 Operator'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: 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 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).
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, or
maintenance 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
AMES Construction, Inc. — TAP21-0004 — RMCA21-0007
Page 2 of 6
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.
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. Property Owner is required to apply for, receive, and abide by 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. 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 site specific use associated with
TAP21-0004, 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 design and construction of the site specific use associated with
TAP21-0004, 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
AMES Construction, Inc. — TAP21-0004 — RMCA21-0007
Page 3 of 6
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: This Agreement shall terminate upon the earliest of the following events:
2.1 Execution of Replacement Agreement: This Agreement shall terminate following County's
execution of a new Road Maintenance Agreement with a new Operator or Operator who has
purchased the Property or has assumed the operation of the business permitted by the Access
Permit, and intends to make use of the rights and privileges available to it through the then existing
Access Permit.
2.2 Revocation of Access Permit: This Agreement shall terminate following County's revocation of
Operator's Access Permit, except that the Operator shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement.
2.3 Completion of Construction: This Agreement shall terminate following Operator's completion of
construction of the facilities authorized. Operator shall notify the County of completion.
3.0 Revocation of Access Permit: Operator acknowledges that failure to comply with the material terms
of this Agreement 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 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 Operator without the express written consent of County and the written agreement of the party to
whom the obligations under this Agreement are assigned. 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. 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
Operator, 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 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
AMES Construction, Inc. — TAP21-0004 — RMCA21-0007
Page 4 of 6
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, Operator 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,
Operator shall provide the County with proof of Operator's authority to enter into this Agreement within five
(5) days of receiving such request.
AMES Construction, Inc. — TAP21-0004 — RMCA21-0007
Page 5 of 6
OPERATOR: AMES Construction, Inc.
By:
Name�Qk',y c 104 L�
Title: Attar; -Pf'tb. °cwTl—
STATE OF COLORADO
County of Weld
Date Ll itiltbZA
SS.
The foregoing instrument was acknowledged before me this 1 i day of (\.pc \
202_1_, by Ter\
WITNESS my hand and official seal.
rte.
Notary Public
TEIA LEE RYAN
Notary Public
State of C'lorado
Notary ID 4120034031118
My Commission Expires 07-07-2022
WELD COUNTY:
ATTEST- d/,) w •O•‘,k, BOARD OF COUNTY COMMISSIONERS
Weld .ucty Clerk to the B WELD COUNTY, COLORADO
\ /7k2-erte.-vt-ry-
BY: Deputy C k to he Bo I� 4J /
.0001
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AMES Construction, Inc. — TAP21-0004 - RMCA21-0007
Page 6 of 6
e Moreno, Chair APR 2 8 2021
Contract Form
Entity Information
New Contract Request
Entity Name*
AMES CONSTRUCTION INC
Entity ID*
'00005985
❑ New Entity?
Contract Name* Contract ID
ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION 471 3
AGREEMENT TAP21 -0004 AMES CONSTRUCTION, INC
Contract Status
CTB REVIEW
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinezweldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
ROAD MAINTENANCE AGREEMENT DURING CONSTRUCTION AGREEMENT TAP21 -0004 AMES CONSTRUCTION, INC NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
50.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorksOweldgov.com
Department Head Email
CM-PublicWorks-
DeptHead 4,veldgov,com
County Attorney
8O8 CHOATE
County Attorney Email
BCHOATE' CO.WELD.CO.US
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
04x28,+2021
Due Date
04,24:2021
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
Termination Notice Period
Review Date*
04:2812022
Committed Delivery Date
Renewal Date
Expiration Date*
04 28 2023
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
OH Approved Date
04'22'2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/28!2021
Originator
JTRUJILLOMARTINEZ
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
0422, 2021
Finance Approved Date
04/22/2021
Tyler Ref #
AG 042821
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
04;'22/2021
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