HomeMy WebLinkAbout20202403.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Amendment to Road Maintenance Agreement for:
AKA Energy Group, LLC -jMJUSRI9-14-0035
DEPARTMENT: Public Works DATE: July 27, 2020
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works created this amendment to the original Road Maintenance Agreement for
USR14-0035, at the request of the applicant, AKA Energy Group, LLC, to detail the approved haul route of the
project to better align with what the Board of County Commissioners specified and requested at the hearing for
the Minor Amendment. The Department of Public Works received a request from the applicant, AKA Energy
Group, LLC, requesting that the Board of County Commissioners consider approving the Amendment to the Road
Maintenance Agreement for (MJUSR19-14-0035). 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.
• This Agreement complies with the terms of the Amended Use by Special Review Permit Resolution, as
signed by the Board of County Commissioners.
What options exist for the Board?
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 MJUSRI9-14-0035, and
that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
Approve Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
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2020-2403
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AMENDMENT TO ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Aka Energy Group, LLC-(MJUSRI9-14-0035
14-
This Amendment ("Amendment"), made and entered into.:1 ' day of , 2020 , by
and between the Board of Weld County Commissioners ("County"), and Aka Ener rou LLC,
("Property Owner").
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the
Weld County Clerk to the Board of County Commissioners as document No. 20191642, approved on
April 29, 2020.
WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance
with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
This Amendment, together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Contract Documents, which shall be effective upon
execution of this Amendment.
Section A.1.0, Established Haul Routes of the Original Agreement shall be deleted entirely and replaced
with the following:
1.0 Haul 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.
1.1 Haul/ Travel Routes. The following roads are designated as haul/travel routes for the Property:
1) The County Roads identified as Haul Routes under this Road Maintenance Agreement are
CR 32, CR 35, CR 38, CR 39, CR 40 and CR 44.
2) During construction and post construction: From the site access point on CR 38 proceed
east along CR 38 until CR 39, at CR 39 haul vehicles shall proceed north on CR 39 to CR
44 traveling west for further dispersal OR from the site access point on CR 38 proceed
east along CR 38 until CR 39, at CR 39 haul vehicles shall proceed south on CR 39 to CR
32 traveling west for further dispersal.
a. In special circumstances due to extreme safety concerns and safety issues, the post
construction/ normal operation haul route may be used for haul trucks and
equipment during the construction period by notifying the County prior.
3) Post construction/ normal operations only: From the site access point on CR 38 proceed
west until CR 35. At CR 35 traffic shall proceed north on CR 35 to CR 40 traveling west
for further dispersal.
1.2 Haul trucks/ traffic shall enter and exit the site at the approved access on CR 38 and travel
east -west to the nearest paved road for further dispersal. Any County roads used by
1MJUSR19-14-0035 traffic may become part of the established haul/travel routes.
4618987 Pages: 1 of 3
08/13/2020 12:34 PM R Fee:$0.00
Carly Kopp
IIlKopI Clerk
l4 nh Recorder,
d, Weld
County,
C id 11111 oZ0,a:0 - a. 00,3
1.3 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.
1.4 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned
haul route, the County may approve a deviation for a limited period of time (not more than thirty
days). If County approves such deviation, haul vehicles will utilize paved county roads whenever
possible. A deviation from the established Haul route lasting more than thirty (30) days or requests
for two or more deviations within a twelve-month period shall be subject to the terms of Section
A.4.0. In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips,
utilizes alternate haul routes, the provisions of Section 4.0 of this Section A shall be triggered.
Section B.3.0, No Deviation from Approved Haul Routes of the Original Agreement shall be deleted
entirely.
WHEREAS, all other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
4618987 Pages: 2 of 3
08/13/2020 12:34 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Aka Energy Group, LLC — I MJUSRI9-14-0035 — AMENDIA20-0002
Page 2
PROPERTY OWNER: Aka Energy Group, LLC
By:
Name:
Title:
STATE OF COLORADO
County of Weld
Date 7/2->/ 2a
SS.
BRITTANY PETERMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194022656
Commission Expires June 17 2023
The foregoing instrument was acknowledged before me this _ day of
2020, by
WITNESS my hand and official seal.
Notary Public
WELD COUNTY:
�sa%l/C _
ATTES . !J1) �• `r�•J ''lik BOARD OF COUNTY COMMISSIONERS
Weld you lerk to th B and WELD COUNTY, COLORADO
BY: ► Il•i/sL�:
Deputy Cl; to t e Bo I ��, e Freeman, Chair
AUG 0 5 2020
4618987 Pages: 3 of 3
08/13/2020 12:34 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
VIII�1�l�I��ICf�'�r�N 41�Ih"I���I�+IM K� lk iI ii
Aka Energy Group, LLC — I MJUSRI9-14-0035 — AMENDIA20-0002
Page 3
oroao - a/43
Contract Form
New Contract Request
nformation
Entity Name*
AKA ENERGY GROUP LLC
Entity ID*
@00038701
Contract Name*
AMENDMENT TO ROAD MAINTENANCE AGREEMENT
MJUSR19-14-0035 AKA ENERGY GROUP, LLC
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3984
Contract Lead'
DRANDERSON
Contract Lead Email
dranderson@co.weld co_ us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
AMENDMENT TO ROAD MAINTENANCE AGREEMENT MJUSR19-14-0035 AKA ENERGY GROUP, LLC NO COLLATERAL
REQUIRED
Contract Description
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgovcom
Department Head Email
CM-PublicWorks-
DeptHeacl@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO. US
Requested BOCC Agenda
Date
08/05/2020
Due Date
08/01/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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
Termination Notice Period
Review Date*
07/29O021
Committed Delivery Date
Renewal Date
Expiration Date*
08/05/2021
Contact Information
Contact Info
Contact Name
!9
Purchasing Approver
CONSENT
Approval; Process
Department Head
ELIZABETH RELFORD
OH Approved Date
07/30/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08/05/2020
Originator
DRANDERSON
Contact Type
Contact Email
Finance Approver
CONSENT
Contact Phone 1
Purchasing Approved Date
07/30/2020
Finance Approved Date
07/30/2020
Tyler Ref #
AG 080520
Legal Counsel
CONSENT
Contact Phone 2
Legal Counsel Approved Date
07/30/2020
Submit
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