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Home My WebLink About20122905.tiff RESOLUTION RE: APPROVE SUPPLEMENT TO LONG-TERM ROAD MAINTENANCE IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - L.G. EVERIST, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Supplement to the Long-Term Road Maintenance Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and L.G. Everist, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Supplement to the Long-Term Road Maintenance Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and L.G. Everist, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: PN.4IV' Sean P. Co , Chair --- Weld County Clerk to the hoar. �p trty(.( c� i°61 arcia, BY: 6 Deputy Clerk to the Bo b► ©n'sX UQ ? ti ar a Kirkmeyer APP V A F � P David E. Long n rney EXCUSED Douglas Rademacher /CA- Date of signature: cc: ACC) 60;te4 1/ tI—lo 2012-2905 EG0066 MEMORANDUM TO: Clerk to the Board ) - DATE: 10/12/2012 . i L r , FROM: Richard Hastings, Public Works Department - GO_UNTY 1 SUBJECT: BOCC Agenda Item - Approve Supplement To Long-Term Maintenance And Improvements Agreement: L.G. Everist, Inc. - (2ndAmUSR-840) Request for Approval of Supplemental Agreement: The Department of Public Works received a request from the applicant Lynn Mayer Shults/LG. Everist, Inc., requesting that Weld County consider accepting "In-Kind" payment, in lieu of monetary compensation, as a means of fulfilling a portion of their proportional share, as detailed in the original "Long-Term Road Maintenance & Improvements Agreement" (Doc. # 2011-0050) for (2ndAmUSR-840), located on CR 126, east of the town of Carr. As discussed in the Supplemental Agreement, L.G. Everist will provide Class "6" Road Base Material to Weld County Pavement Management crews for use in the CR 126 Overlay Project. The total cost of this material will come to $3,325.00 and this amount will be applied/credited to L.G. Everist's proportional share for this project. Should material amounts in excess of the 500 tons addressed in the Supplemental Agreement be required in order to complete the project, the excess amount will be applied/credited to L.G. Everist's proportional share, at the same rate and as detailed in the Supplemental Agreement. Weld County Public Works Department reviewed the above-mentioned signed original document and observed the following: • All Public Works related items, of the"Supplement To Long-Term Road Maintenance And Improvements Agreement", are found to be acceptable. Recommendation: The Department's of Public Works, Planning Services and County Attorney's Office are recommending approval of the "Supplement To Long-Term Road Maintenance And Improvements Agreement" for L.G. Everist, Inc. - (2ndAmUSR-840). 2012-2905 pc: Dave Bauer, Public Works Kim Ogle, Planning Services Stephanie Arries, County Attorney's Office C:\Users\egesick\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\X I K6CP0S\Approve Supplemental IA (2mdAmUSR-840)-L G Everist-MEMO.docx SUPPLEMENT TO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT BETWEEN L.G. EVERIST, INC and WELD COUNTY,COLORADO THIS AGREEMENT is made and entered into this _ day of October, 2012, by and between L.G. Everist, Inc., an Iowa Corporation authorized to do business in the State of Colorado. and having a local office located at 7321 East 88th Avenue, Suite 200. Henderson, Colorado 80640. (hereinafter referred to as "Everist"),division of the State of Colorado, by and through the Board of County Commissioners of the County of Weld. at P.O. Box 758. 1 150 O Street, Greeley, CO 80632 (hereinafter referred to As"County"). WHEREAS, on or about February 28, 2001. Everist and County entered into a "Long- Term Road Maintenance and Improvements Agreement' in fulfillment of its obligations under 2ndAmUSR-840, and later, following the County's approval of the Site Specific Development Plan, 2ndAmUSU-840 on or about November 24, 2010, entered into a new "Long-Term Road Maintenance and Improvements Agreement", (hereinafter referred to as the "2010 Road Maintenance Agreement"), and WHEREAS, by the terms of the 2010 Road Maintenance Agreement, Everist has road maintenance obligations on certain portions of Weld County Road 126 (hereinafter referred to as "WCR 126"), and WHEREAS, Everist's obligation for road maintenance includes the obligation to pay a proportional share of the costs associated with the asphalt seal overlay of a portion of WCR 126. and WHEREAS. County intends to perform the actual construction associated with the asphalt overlay on WCR 126. (hereinafter referred to as the "WCR 126 Project-). and WHEREAS, Everist will be paying County to perform this construction, and WHEREAS, Everist mines some of the materials which County will be required to purchase for the WCR 126 Project. including Class 6 Gravel, and WHEREAS, Everist desires to offset a portion of its obligation to pay for the WCR 126 Project by providing materials at a rate which is fair and equitable and considered by County to he the 'market rate'. NOW THEREFORE,the parties stipulate and agree as follows: 1. EVERIST'S OBLIGATIONS I. Materials Warranty: Everist warrants that it will make available to County Five Hundred (500) tons of Class 6 Gravel, (hereinafter referred to as the "Project Material"). 3889100 Pages: 1 of 10 11/16/2012 10:20 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO 1111 h'i iPhiPVIMICNITIrr44kANFEk id Pi Bill aO/;29.29625 2. Price: The price of the Class 6 gravel will be calculated by Everist at Six Dollars and 65/100 Dollars ($6.65) per ton. 3. Delivery Obligations: Everist shall place the Project Material on a designated section of its property on the 2ndAmUSU-840 site, so that County may load said materials at that site. 4. Timing: The Project Materials shall be made available to County beginning October 15, 2012, and shall be delivered in total on or before November 1, 2012, in order that the WCR 126 Project may be completed by that date. II. COUNTY'S RIGHTS AND OBLIGATIONS I. Credit: County shall calculate Everist's proportional of the WCR 126 Project, and shall provide a credit to Everist in the amount of Three Thousand Three Hundred Twenty-Five and no/100 Dollars (3,325.00) towards its proportional share of the WCR 126 Project,(calculated on a per ton gravel price of$6.65 for 500 tons) . 2. Delivery Obligations: County shall dispatch vehicles to the 2ndAmtJSU- 840 site, and shall be solely responsible for the loading of the Project Material onto its vehicles. 3. Notice: County shall notify Everist one day in advance of each time a vehicle is dispatched in order that Everist may insure that the Project Materials are available for County. 4. Rights in Event of Default: In the event that Everist's obligations are not met as set forth in Part I of this Supplemental Agreement, county shall have the right to demand that Everist pay its proportionally share of the road maintenance/improvements totally in cash, and its rights granted herein to offset its obligation by providing materials will be null and void. HI. MISCELLANEOUS PROVISIONS I. Agreement Binding: This writing. together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall he binding upon said parties their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs. personal representatives, successors and assigns of said parties. 2. 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. 3889100 Pages: 2 of 10 11/16/2012 10:20 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO liu Mk INr`1;rl�a ��lr, Knifinamti��,� till l 3. No Implied Waiver: 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. Time of the Essence: Time is of the essence in each and all of the provisions of this Agreement. 5. Fund Availability: This Agreement assumes that the relocation of the pipeline will be completed on or before the end of the County's fiscal year. Financial obligations of the Board of County Commissioners of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 6. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, 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. 7. Attorneys Fees/Leeal Costs: In the event of a dispute between County and DCP, concerning this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of DCP. 8. Release of Liability: To the extent allowed by law, Everist shall indemnify and hold harmless the County from any and all liability, loss and damage the 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 negligent or intentional act of Everist or its officers, agents, employees, except for the liability, loss, or damage arising from the negligent or intentional act of the County. All contractors and other employees engaged by Everist in connection with this delivery of Project Materials 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. The obligations of the Applicant under this paragraph shall not extend to any judgments against County which are in excess of the limitations on liability set forth in the Colorado Government Immunity Act, C.R.S. Section 24-10-I0I, et. seq., to the maximum extent that such limitations or liability are app I icable. 9. 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. 10. 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, 3889100 Pages: 3 of 10 11/16/2012 10:20 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII rillraniPaillidihilinitACIEMANIIIIINIIINil 4 .I III benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. I I. Independent Contractor: Everist shall perform its duties hereunder as an independent contractor and not as an employee. Everist shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Everist nor any agent or employee of Everist shall be deemed to be an agent or employee of County. Everist and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Everist or any of its agents or employees. Unemployment insurance benefits will be available to Everist and its employees and agents only if such coverage is made available by Everist or a third party. Everist shall pay when due all applicable employment taxes and income taxes incurred pursuant to this Agreement. Everist shall not have authorization. express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Everist shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by County. 12. Compliance with Law: Everist shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 13. Choice of Law: 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. 14. Employee Financial Interest/Conflict of Interest. C.R.S. 6e24-18-201 et seq. and &24-50-507: The signatories to this Agreement aver that to their knowledge. no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Everist has no interest and shall not acquire any interest, direct or indirect, that would in any manner or degree with the performance of Everist's services and Everist shall not employ any person having such known interests. During the term of this Agreement, Everist shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Everist to ensure compliance with this provision may result, in County's sole discretion. in immediate termination of this Agreement. IS Status of Agreement: Except as set forth in this Supplemental Agreement, the rights and responsibilities of the parties as established in the Long-Term Road Maintenance and Improvements Agreement of February 28, 2001 and the 2010 Road Maintenance Agreement shall remain in full force and effect. 3889100 Pages: 4 of 10 11/16/2012 10:20 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO VIII R�'iPY}IPuI�M�lG1�'l�MR'Sldlp' 1�I G�N1'tHa IN'+L 11111 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. .�� BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO ATTEST: ~ Weld County Cle to the 1rd F Qphi /1161 ";�72I1/42 By: hI/ By: c P Deputy Clerk . the Board � *j \ Sean P. Conway, Chair OCT 15 2012 L.G. Everist, Inc., /a - w ice . Date Title: a?. , at-s,//YL 3889100 Pages: 5 of 10 11/16/2012 10:20 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO Ell MpNVh4KFhfr+;IVCI CInhf'nIi ikIIIII ,'01- o79D AMENDED SUPPLEMENT TO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT BETWEEN L.G. EVERIST, INC and WELD COUNTY, COLORADO THIS AGREEMENT is made and entered into this day of October, 2012, by and between L.G. Everist, Inc., an Iowa Corporation authorized to do business in the State of Colorado, and having a local office located at 7321 East 88th Avenue, Suite 200, Henderson, Colorado 80640, (hereinafter referred to as "Everist"),division of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, at P.O. Box 758, 1 150 O Street, Greeley, CO 80632 (hereinafter referred to As "County"). WHEREAS, on or about October 10, 2012, Everist executed an agreement entitled "Supplement to Long-Term Maintenance and Improvements Agreement" (hereinafter referred to as the "Supplemental Agreement"), which was intended to supplement the "Long-Term Road Maintenance and Improvements Agreement" executed by Everist and County on February 28, 2001, and WHEREAS, the intent of the Supplemental Agreement was to permit Everist to offset a portion of its obligation to pay for road maintenance and improvements obligations on Weld County Road 126 (hereinafter referred to as the "WCR 126 Project"), by providing Class 6 Gravel to County for its work on said WCR 126 Project, and WHEREAS, the parties had agreed that County would require five hundred (500) tons of Class 6 Gravel, (hereinafter referred to as the "Project Material"), and WHEREAS, it has become apparent that the County will require more than five hundred (500) tons of Class 6 Gravel, and WHEREAS, the parties wish to amend the Supplemental Agreement to allow Everist to provide additional Project Material to allow County to complete the necessary maintenance and improvements to WCR 126. NOW THEREFORE, the parties stipulate and agree as follows: I. EVERIST'S OBLIGATIONS 1. Materials Warranty: Everist warrants that it will make available whatever amounts of Class 6 Gravel are needed by County in order to complete the WCR 126 Project. 2. Price: The price of the Class 6 gravel will be calculated by Everist at Six Dollars and 65/100 Dollars ($6.65) per ton. 3. Delivery Obligations: Everist shall place the Project Material on a designated section of its property on the 2ndAmUSR-840 site, so that County may load said materials at that site. 3889100 Pages: 6 of 10 11/16/2012 10:20 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County CO VIII FY iPhiP�i 14N+GrW�W4�l County, 1 II III g/4 29e5 4. Timing: The Project Materials shall be made available to County beginning October 15, 2012, and shall be delivered in total on or before November 1, 2012, in order that the WCR 126 Project may be completed by that date. II. COUNTY'S RIGHTS AND OBLIGATIONS 1. Credit: County shall calculate Everist's proportional of the WCR 126 Project, and shall provide a credit to Everist in the amount of Three Thousand Three Hundred Twenty-Five and no/100 Dollars (3,325.00) and further agrees to credit Everist for each additional ton of Class 6 Gravel used in the WCR 126 Project. at the rate of$6.65 per ton. 2. Delivery Obligations: County shall dispatch vehicles to the 2ndAmUSR- 840 site, and shall be solely responsible for the loading of the Project Material onto its vehicles. 3. Notice: County shall notify Everist one day in advance of each time a vehicle is dispatched in order that Everist may insure that the Project Materials are available for County. 4. Rights in Event of Default: In the event that Everist's obligations are not met as set forth in Part I of this Supplemental Agreement, county shall have the right to demand that Everist pay its proportionally share of the road maintenance/improvements totally in cash, and its rights granted herein to offset its obligation by providing materials.will be null and void. III. MISCELLANEOUS PROVISIONS 1. Agreement Binding: This writing, together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 2. 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. 3. No Implied Waiver: 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. 3889100 Pages: 7 of 10 11/16/2012 10:20 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �N■ui�w�N 4. Time of the Essence: Time is of the essence in each and all of the provisions of this Agreement. 5. Fund Availability: This Agreement assumes that the relocation of the pipeline will be completed on or before the end of the County's fiscal year. Financial obligations of the Board of County Commissioners of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 6. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, 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. 7. Attorneys Fees/Legal Costs: In the event of a dispute between County and Everist, concerning this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of Everist. 8. Release of Liability: To the extent allowed by law. Everist shall indemnify and hold harmless the County from any and all liability, loss and damage the 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 negligent or intentional act of Everist or its officers, agents, employees, except for the liability, loss, or damage arising from the negligent or intentional act of the County. All contractors and other employees engaged by Everist in connection with this delivery of Project Materials 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. The obligations of the Applicant under this paragraph shall not extend to any judgments against County which are in excess of the limitations on liability set forth in the Colorado Government Immunity Act, C.R.S. Section 24-10-101, et. seq., to the maximum extent that such limitations or liability are applicable. 9. 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. 10. 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. II. Independent Contractor: Everist shall perform its duties hereunder as an independent contractor and not as an employee. Everist shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither 3889100 Pages: 8 of 10 11/16/2012 10:20 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ��hI��PJ'fIPuI�MN�GrW;N+4C�I�4 ��ih�rr IH',L11111 Everist nor any agent or employee of Everist shall be deemed to be an agent or employee of County. Everist and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Everist or any of its agents or employees. Unemployment insurance benefits will be available to Everist and its employees and agents only if such coverage is made available by Everist or a third party. Everist shall pay when due all applicable employment taxes and income taxes incurred pursuant to this Agreement. Everist shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Everist shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by County. 12. Compliance with Law: Everist shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 13. Choice of Law: 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. 14. Employee Financial Interest/Conflict of Interest. C.R.S. $$24-18-201 et seq. and $24-50-507: The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Everist has no interest and shall not acquire any interest, direct or indirect, that would in any manner or degree with the performance of Everist's services and Everist shall not employ any person having such known interests. During the term of this Agreement, Everist shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Everist to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. 15 Status of Agreement: Except as set forth in this Amended Supplemental Agreement, the rights and responsibilities of the parties as established in the Long-Term Road Maintenance and Improvements Agreement of February 28, 2001, the 2010 Road Maintenance Agreement and the Supplemental Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement, each of which shall be deemed an original on the date first written above. 3889100 Pages: 9 of 10 11/16/2012 10:20 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII hti�iPY}iPiriatilltrilMliefir 11111 BOARD OF COUNTY COMMISSIONERS slif "6\Oitths WELD COUNTY, COLORADO ATTEST: 1J Weld County CI k to the Board By: De Deputy Clerk t e Board 4 v.1,40Sean P. Conway, Chair 1461L) OCT 1 5 2012 L.G. Everist, Inc., t i ,,.. .% Q 0 • By( _ e_ /U /,)--- /2— Date yy�� Title: ( /jV h t) /2 _ _Z.2 ,i. 3 ; ow 3889100 Pages: 10 of 10 11/16/2012 10:20 RM R Fee.$0.00 Steve Moreno.. Clerk and Recorder. Weld County, CO IIII priPIIIV'4.'IMIttlikSLN+4LM=w1,EMil III III c2C'/d- o?90 Esther Gesick From: Richard Hastings Sent: Thursday, October 11, 2012 8:53 AM To: Esther Gesick Cc: Donald Carroll Subject: FW: In-Kind gravel opportunity Esther, FYI Rich Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 ERIP 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. From: David Bauer Sent: Tuesday, October 09, 2012 6:49 PM To: Abel Martinez; Jay McDonald; Nick Marquez; Josh Holbrook; Stephanie Arries Cc: Richard Hastings Subject: Fwd: In-Kind gravel opportunity We have the Boards' approval to work it out with Everest to accept gravel in lieu of cash for their road maintenance program at the agreed price David Bauer Sent from my iPhone Begin forwarded message: From: Barbara Kirkmeyer<bkirkmever@co.weld.co.us> Date: October 9, 2012,4:13:46 PM MDT To: David Bauer<dbauer@co.weld.co.us> Subject: Fwd: In-Kind gravel opportunity 1 All five! Say go for it Sent from my iPhone Begin forwarded message: From:William Garcia <WGarcia@co.weld.co.us> Date: October 9, 2012 4:09:53 PM MDT To: Barbara Kirkmeyer<bkirkmever@co.weld.co.us> Subject: RE:In-Kind gravel opportunity Go for it! Bill Garcia Weld County Commissioner at-Large 1150 O St. Greeley, CO 80631 970-336-7204 u 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. From: Barbara Kirkmeyer Sent: Tuesday, October 09, 2012 8:55 AM To: Commissioners Subject: Fwd: In-Kind gravel opportunity Dave and Bill Doug, Sean and I agree with this.You guys okay to proceed? Dave needs to know Thanks Sent from my iPad Begin forwarded message: From: David Bauer<dbauer@co.weld.co.us> Date:October 5, 2012 12:29:09 PM MDT To: Barbara Kirkmeyer<bkirkmever@co.weld.co.us> Cc:Abel Martinez<axmartinez@co.weld.co.us>, Richard Hastings <rhastings@co.weld.co.us>, Neal Bowers<nbowers@co.weld.co.us>, Stephanie Arries<sarries@co.weld.co.us> Subject: In-Kind gravel opportunity 2 Comm. Kirkmeyer, Attached is a short agreement we propose that the Board should sign. We are repaving WCR 126 up by Carr with some costs to be covered under an Improvements Agreement with LG Everist. Everist has requested the County consider accepting some Class 6 road base materials from their Carr pit in lieu of cash. We recommend the County accept that offer for the following reasons: 1. The amount of material is offered at $6.65/ton; 10 cents per ton less than our gravel contract with Connell 2. This contract is just for 500 tons to be used for new shoulders on 126 ($3325) 3. We'll still purchase the full amount obligated under the Connell contract 4. The haul distance for similar material would be reduced to less than a half mile—haul time, truck traffic, and fuel savings are probably more than the cost of the gravel! 5. We can finish the 126 project a few days ahead of schedule due to the haul time reduction —no waiting for loads for materials—so other late season projects can be accomplished The contract documents everything above board, transparent (B Barkers concern). Time is an issue, we'll be ready to utilize this material by Wednesday next week. Can we ? David Bauer, P.E., CFM Director-Weld County Public Works Department P.O. Box 758 Greeley, Colorado 80632 (970) 304-6496 IMP 1 rf . Lo r c •- . . 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 3 of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stephanie Arries Sent: Friday, October 05, 2012 12:00 PM To: David Bauer; Richard Hastings Cc: Donald Carroll; Josh Holbrook Subject: RE: The Supplemental Agreement we discussed Agreement with Asphalt change inserted Stephanie L. Arries Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesnaco.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: David Bauer Sent: Thursday, October 04, 2012 11:49 AM To: Stephanie Arries; Richard Hastings Cc: Donald Carroll; Neal Bowers; Josh Holbrook Subject: RE: The Supplemental Agreement we discussed Yes Everist. 500 tons of Class 6 gravel to be given to the WCR 126 paving job. That to be now—complete in the next 2 to 3 weeks. But Everist also can also supply us 'chips' for our chip seal program. Issue is can they satisfy their proportional share obligation due to us for the 2012 WCR 126 project by giving us the chips for our use in 2013?? David Bauer, P.E., CFM Director- Weld County Public Works Department P.O. Box 758 4 Greeley, Colorado 80632 (970) 304-6496 Irrar — 6.^ r l cca• . , 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. From: Stephanie Arries Sent: Thursday, October 04, 2012 11:44 AM To: Richard Hastings Cc: David Bauer; Donald Carroll; Neal Bowers; Josh Holbrook; Kim Ogle Subject: RE: The Supplemental Agreement we discussed Need confirmation on the facts (I was not taking notes and was still under the influence of dental drugs... Everist is the one wanting to supply the gravel—right? What is the grade of the gravel we want? And tell me again how many tons? And it will all be used just for this road maintenance project to be completed on or before 12-1-12?? Stephanie L. Arries Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesco.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email 5 in error, please notify us immediately by replying and delete the message. Thank you. From: Richard Hastings Sent: Thursday, October 04, 2012 11:35 AM To: Stephanie Arries Cc: David Bauer; Donald Carroll; Neal Bowers; Josh Holbrook; Kim Ogle Subject: RE: The Supplemental Agreement we discussed Stephanie, As per your inquiry from below,there are two USR/SUP's associated with this overlay project: 1. AmUSR-840 L.G. Everist(Doc.#2011-0050) i. Contacts: LYNN MAYER SHULTS Regulatory Manager — Imshults@lgeverist.com L.G. EVERIST, INC. 7321 East 88th Avenue, Suite 200, Henderson, CO 80640 Office—303-286-2247 ' Fax—303-289-1348 ' Cell—303- 514-2778 Dennis Fields(dlfields@LGEVERIST.como VP Mountain Division LG Everist, Inc. Office 303-286-2249 Cell 303-941-8410 2. SUP-411 Tucker/Connell Gravel Pit (No Final Improvements Agreement At This Time) Doc.#2011-1437 discusses transfer of the Mine to Connell and the requirement for an IA. i. Contacts: 6 Doug Anderson Contracts Administrator Connell Resources, Inc. 7785 Highland Meadows Parkway#100 Fort Collins, CO 80528 Telephone: (970) 223-3151 Facsimile: (970) 223-3191 danderson@connellresources.com Attached please find emails discussing requirements for materials to be used as"In-Kind" payment for proportional shares. Some general PW requests re "In-Kind" materials: 1. Material will be picked-up by WC trucks at any L.G. or Connell facility, chosen by WC, which contains ample supplies of the acceptable material 2. WC will have priority over other customers requesting same material 3. If"Agreed-upon Unit Price"becomes higher than current L.G or Connell prices for same material, proportional share amounts will be adjusted accordingly. 4. "In-Kind" Payment Agreement will run through 2013. If proportional shares obligations have not been fullfilled by the end of 2013 by the partipants, WC will have the option to demand final proportional share payment or continue the Agreement into the 2014 construction season. We can look at additional language should the obligation still not be met by the end of 2014. 5. If"In-Kind" Payment Agreement requirements are not met by the participants, which inturn impede WC from acceptably completing County construction projects, WC will demand final proportional share payment in order to purchase acceptable roadway material from other sources. 6. 9999799 Other Ideas 999999 Let me know if you have any questions or need anything else. 7 Thanks, Rich P.S. This looks formatted properly now but emailing might discombobulate it! Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext.Ext. 3727 tom"( L. r1 . ca,� v. 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. From: David Bauer Sent: Thursday, October 04, 2012 9:54 AM To: Richard Hastings Subject: FW: The Supplemental Agreement we discussed Rich, Can you fill in Stephanie on the Everist/Carr USR road maintenance requirements?? Probably easiest to just send her the agreement you've been using in talking to Lynn and Denny. David Bauer, P.E., CFM Director-Weld County Public Works Department P.O. Box 758 Greeley, Colorado 80632 (970) 304-6496 8 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. From: Stephanie Arries Sent: Thursday, October 04, 2012 9:24 AM To: David Bauer Subject: The Supplemental Agreement we discussed Dave I started on a supplemental agreement for your gravel pit operator who wants to provide the gravel in partial satisfaction of the road improvements obligation I need details on the USR—who—USR#-date of Agreement-etc Stephanie L. Arries Assistant Weld County Attorney 1150"O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesnaco.weld.co.us M STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. 9 Hello