HomeMy WebLinkAbout20091469.tiffRESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT FOR
INTERSECTION AT COUNTY ROADS 1 AND 20.5 WITH VARIOUS CONTRACTORS
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Road Maintenance and Improvement
Agreement for the Intersection of County Roads 1 and 20.5 among 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, Lafarge West, Inc., Aggregate Industries, and L.G. Everist, Inc., with
further 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 Road Maintenance and Improvement Agreement for the Intersection
of County Roads 1 and 20.5 among 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,
Lafarge West, Inc., Aggregate Industries, 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.
2009-1469
EG0060
07 /Ji /(yr
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT FOR INTERSECTION AT
COUNTY ROADS 1 AND 20.5 WITH VARIOUS CONTRACTORS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of June, A.D., 2009.
ATTEST: '
Weld County Clerk to the Bo
BY. �Lf� 11,0
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De •u Clerk
the Board
ttorney I
Date of signature 1 /(3[oCt
BOARD OF CO TY COMMISSIONERS
ELD OUDI&COLORADO
am F. Garcia Chair
oug a ademache Pro -Tern
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Sean P. Conway
EXCUSED
Bar Kirkmeyer
David E. Long
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2009-1469
EG0060
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COLORADO
MEMORANDUM
I I
TO: Clerk to the Board
? _ 122 P 2: 3c1
DATE: 6/19/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Agenda Item — Approval of "Road Maintenance
and Improvement Agreement" (Supplemental) for:
WCR's 1 & 20.5 Intersection Improvement Project
"Road Maintenance and Improvement Agreement" (Supplemental) — Background:
The Department of Public Works identified the intersection at WCR's 1 & 20.5 as one that was in
need of improvements, due to safety and increased traffic volume related issues, in 2007. Nearby
participants, whose haul routes were part of this intersection, were notified in 2008 that
stipulations embedded within their Long Term Maintenance and Improvements Agreements
mandate that they pay a proportional share in the costs for these improvements. Estimated costs
for said project were sent to participants in June of 2008 in order to allow them time to budget
accordingly for the next year and for them to begin discussion relative to proportional shares. A
series of meetings and exchange of correspondence with Weld County Public Works staff and
participants took place throughout the following year. A consensus on proportionalities was
reached May of 2009 with the signing of this agreement.
Weld County will invoice the participants upon completion and final cost analysis of this project.
Proportional Cost Shares:
Lafarge West, Inc.
"Cottonwood Pit"
USR-488
Doc.#2003-0550
= 61%
Aggregate Industries
"Distel Pit"
USR-877
Doc.#920510
= 26%
L.G. Everist
"Rinn Valley Resource"
USR-874
Doc.#980426
= 13%
Weld County = Testing, Construction, and the Asphalt Cement (AC) costs for Aggregate Industries and
L.G. Everist
Recommendation:
The Department of Public Works is recommending approval of the "Road Maintenance and
Improvement Agreement" (Supplemental) for the WCR's 1 & 20.5 Intersection Improvement
Project.
Enclosures
pc: Dave Bauer, Public Works
Wayne Howard, Public Works
WCR 1 & 20.5 Intersection Project file
NU —Active Projects \WCR I & WCR 20.5\Approval of Supplemental RMA-MEMO.doc
2009-1469
County of Weld, State of Colorado
Road Maintenance and Improvement Agreement
THIS AGREEMENT, made and entered into this the day of June, 2009 and
between the Board of County Commissioners of Weld County, State of Colorado, herein
called "Weld County" and Lafarge West Inc., herein called "Lafarge" and Aggregate
Industries and L.G. Everist, Inc.
WHEREAS, Weld County has issued permits to each of the parties to this
Agreement: Lafarge, USR-488 in 2003; Aggregate Industries, USR-877 in 1992; L.G.
Everist Inc., USR-874 in 1998; for gravel mining and plant operations in the area of Rinn,
Colorado, and
WHEREAS, pursuant to their obligations under the permits issued, the above
companies have entered into separate Road Maintenance and Improvement Agreements
with the County to repair and overlay County roads impacted by heavy truck traffic
generated from mining and plant operation, and
WHEREAS, the County has inventoried the County roads in the Rinn area and
found improvements necessary.
NOW THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County, Lafarge, Aggregate Industries, and L.G. Everist Inc.
mutually agree as follows:
1. The intersection to be improved is located at Weld County Road 1 and Weld
County Road 20.5.
2. The improvements will consist of creating a deceleration and right hand turn
lane Northbound on Weld County Road 1 and creating a deceleration and
right hand turn lane Westbound on Weld County Road 20.5. These
improvements will include widening the turning radius at the corners on the
East side of Weld County Road 1 and 20.5.
3. All construction and materials shall be in accordance with the Colorado
Department of Transportation Standard Specifications for Road and Bridge
Construction 2005, including all updated specifications.
4. Weld County shall be responsible for the construction and permitting for all
improvements included in this agreement.
5. Each company agrees to pay a percentage of the cost for the improvements
in this agreement based on average production levels over the eight (8) year
period prior to this agreement. The companies agree to pay the proportional
share as follows: Lafarge West, Inc. 61%; Aggregate Industries 26%; L.G.
Everist, Inc. 13%.
6. Payment for the work performed by the County shall be made directly to the
County by each company
1111111 11111111111III! 11111111111111111 III 111111111 III!
3638373 07/24/2009 11:30A Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder
7. As stated in separate road agreements, Weld County is responsible for the
cost of the liquid asphalt for Aggregate Industries (Agreement for USR-477,
Paragraph 5) and L.G. Everist, Inc. (Agreement for USR-874, Paragraph 5.)
Weld County will remove the cost of the Liquid Asphalt from any invoices
billed to the companies above.
IN WITNESS WHEREAS, the parties hereto have duly executed the agreement day and
year first written above.
Weld County Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD,
STATE OF COL DO
C
William F. Garcia, Chair
JUN 2 4 2009
APPRAND CONTENT
Weld County Attorney
ATTEST:
CLERK TO THE BOAR
By:
Deputy Cler ' o the Board
Separate signature pages follow
1111111111111IIIII 11111111 11111 IIIIIII III VIII IIII IIII
3638373 07/24/2009 11:30A Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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L.G. EVERIST INC. — Road Maintenance and Improvements Agreement for the
intersection of Weld County Road 20.5 and Weld County Road 1.
Date:
For L.G. Everist Inc
7321 E. 88th Avenue, Suite 200
Henderson, CO 80640
Printed Name:
Title:
CIS crECES
1)ICE1 IhPJT
HID 11111111111H IIM111111111111III11111DDtill
3638373 07/24/2009 11:30A Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
AGGREGATE INDUSTRIES - Road Maintenance and Improvements Agreement for the
intersection of Weld County Road 20.5 and Weld County Road 1.
By:
For Aggregate`Industries
1707 Cole Blvd, Suite 100
Golden, CO 80401
Printed Name: WES criAlvS
Date: 4 -0 -el
Title: OW {ijPmL 1 aArrR11c1TtiR6 PIUi5iON.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillft\\lll it
3638I IIII375 R 0712412009
I 0.001 Steve Moreno Clerk CO
LAFARGE WEST INC. - Road Maintenance and Improvements Agreement for the
intersection of Weld County Road 20.5 and Weld County Road 1.
By:
For Lafarge West, Inc.
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
Printed Name: OO i Se
Title: V' 1��^'� ✓=
L i4-F+'�✓ .
1 111111 11111 111111111 11111 III 11111
3638373 07/24/2009 11:30A Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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COLORADO
February 26, 2009
Lynn Mayer Shults
L. G. Everist, Inc.
7321 E. 88th Ave., Ste. 200
Henderson, CO 80640
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Agreements for Improvements for WCR's 1 & 20.5 Intersection —Document # 980426 (3/11/1998)
Dear Ms. Shults:
Per the agreement signed on 3/3/1998, that was recorded 3/11/1998, Weld County wishes to remind you of your
obligation for proportional costs associated with the L. G. Everist Pit (USR-874) for the WCR 1 & 20.5 intersection
improvements that the County proposes for completion in the spring of 2009.
In accordance with the terms and conditions of the aforementioned Road Maintenance Agreement —Document #
980426, L.G. Everist will share in the cost for said improvements based on truck traffic generated by L. G. Everist's
"Rinn Valley Resource" operation. Weld County encourages L. G. Everist and the other two participants; Lafarge
(USR-488) and Aggregate Industries (USR-877) to cooperate amongst themselves in arriving at mutually agreed
upon proportional shares. If a consensus for proportional shares cannot be agreed upon by the three participants,
then Weld County will utilize percentages used in the 2008 WCR 7 Project as that project involves the same
participants and agreements as the 2009 WCR 1 & 20.5 Project.
An estimated cost sharing analysis, incorporating the above -mentioned 2008 percentages and utilizing the
PRELIMINARY PROJECT ESTIMATE of $168,750.00, dated (5/12/08), which was sent to all participants on
(6/24/08), would yield the following results:
Lafarge = 59.99% or $101,233.13
Aggregate Industries = 30.90% or $52,143.75 (AC costs paid by Weld County)
L.G. Everist = 9.12% or $15,390.00 (AC costs paid by Weld County)
*Note: Since Idaho Creek's haul route does not include the WCR's 1 & 20.5 intersection, their 2008 WCR 7 Project
percentage of 2.90% was equally divided and incorporated into the percentages found above.
Weld County has performed the initial site analysis and preparatory work necessary for Weld County crews to
complete this project within the next few months. Weld County will be invoicing L. G. Everist, and the other
participants, for their proportional shares upon completion of this project.
Please feel free to contact the Weld County Public Works Department, if you have any questions or concerns
regarding this matter, at (970) 304-6496. Thank you.
Sincerely,
Richard A. Hastings
Engineering Compliance Specialist & Construction Inspector
pc: Wayne Howard, County Engineer
Dave Bauer, County Engineer
M:\Active Projects \WCR I & WCR 20.5\Design\Correspondence \ Letters \L.G. Everist WCR I & 20.5 Intersection Repair Obligations.doc
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COLORADO
February 26, 2009
Wes Stearns
Aggregate Industries, Inc.
1707 Cole Blvd., Suite 100
Golden, CO 80401
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Agreements for Improvements for WCR's 1 & 20.5 Intersection —Document # 992009 (8/20/1999)
Dear Mr. Stearns:
Per the agreement signed on 6/24/1999, that was recorded 8/20/1999, Weld County wishes to remind you of your
obligation for proportional costs associated with the Aggregate Industries Pit (USR-877) for the WCR 1 & 20.5
intersection improvements that the County proposes for completion in the spring of 2009.
In accordance with the terms and conditions of the aforementioned Road Maintenance Agreement —Document #
992009, Aggregate Industries will share in the cost for said improvements based on truck traffic generated by
Aggregate's "Distel" operation. Weld County encourages Aggregate Industries and the other two participants;
Lafarge (USR-488) and L.G. Everist (USR-874) to cooperate amongst themselves in arriving at mutually agreed
upon proportional shares. If a consensus for proportional shares cannot be agreed upon by the three participants,
then Weld County will utilize percentages used in the 2008 WCR 7 Project as that project involves the same
participants and agreements as the 2009 WCR 1 & 20.5 Project.
An estimated cost sharing analysis, incorporating the above -mentioned 2008 percentages and utilizing the
PRELIMINARY PROJECT ESTIMATE of $168,750.00, dated (5/12/08), which was sent to all participants on
(6/24/08), would yield the following results:
Lafarge = 59.99% or $101,233.13
Aggregate Industries = 30.90% or $52,143.75 (AC costs paid by Weld County)
L.G. Everist = 9.12% or $15,390.00 (AC costs paid by Weld County)
*Note: Since Idaho Creek's haul route does not include the WCR's 1 & 20.5 intersection, their 2008 WCR 7 Project
percentage of 2.90% was equally divided and incorporated into the percentages found above.
Weld County has performed the initial site analysis and preparatory work necessary for Weld County crews to
complete this project within the next few months. Weld County will be invoicing Aggregate Industries, and the other
participants, for their proportional shares upon completion of this project.
Please feel free to contact the Weld County Public Works Department, if you have any questions or concerns
regarding this matter, at (970) 304-6496. Thank you.
Sincerely,
Richard A. Hastings
Engineering Compliance Specialist & Construction Inspector
pc: Wayne Howard, County Engineer
Dave Bauer, County Engineer
M:\ —Active Projects\WCR l & WCR 20.5\Design\Correspondence \ Letters \ Aggregate Industries WCR I & 20.5 Intersection Repair Obligations.doc
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COLORADO
February 26, 2009
Sean Frisch
Lafarge West, Inc.
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.00.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
RE: Agreements for Improvements for WCR's 1 & 20.5 Intersection —Document # 2003-0550 (3/24/2003)
Dear Mr. Frisch:
Per the agreement signed on 2/26/2003, that was recorded 3/24/2003, Weld County wishes to remind you of your
obligation for proportional costs associated with the Lafarge Pit (USR-488) for the WCR 1 & 20.5 intersection
improvements that the County proposes for completion in the spring of 2009.
In accordance with the terms and conditions of the aforementioned Road Maintenance Agreement —Document #
2003-0550, Lafarge will share in the cost for said improvements based on truck traffic generated by Lafarge's
"Cottonwood" operation. Weld County encourages Lafarge and the other two participants; Aggregate Industries
(USR-877) and L.G. Everist (USR-874) to cooperate amongst themselves in arriving at mutually agreed upon
proportional shares. If a consensus for proportional shares cannot be agreed upon by the three participants, then
Weld County will utilize percentages used in the 2008 WCR 7 Project as that project involves the same participants
and agreements as the 2009 WCR 1 & 20.5 Project.
An estimated cost sharing analysis, incorporating the above -mentioned 2008 percentages and utilizing the
PRELIMINARY PROJECT ESTIMATE of $168,750.00, dated (5/12/08), which was sent to all participants on
(6/24/08), would yield the following results:
Lafarge = 59.99% or $101,233.13
Aggregate Industries = 30.90% or $52,143.75 (AC costs paid by Weld County)
L.G. Everist = 9.12% or $15,390.00 (AC costs paid by Weld County)
'Note: Since Idaho Creek's haul route does not include the WCR's 1 & 20.5 intersection, their 2008 WCR 7 Project
percentage of 2.90% was equally divided and incorporated into the percentages found above.
Weld County has performed the initial site analysis and preparatory work necessary for Weld County crews to
complete this project within the next few months. Weld County will be invoicing Lafarge, and the other participants,
for their proportional shares upon completion of this project.
Please feel free to contact the Weld County Public Works Department, if you have any questions or concerns
regarding this matter, at (970) 304-6496. Thank you.
Sincerely, /
Richard A. Hastings
Engineering Compliance Specialist & Construction Inspector
pc: Wayne Howard, County Engineer
Dave Bauer, County Engineer
M:\ —Active Projects WCR I & WCR 20.5\ Design \ Correspondence \ Letters \Lafarge WCR I & 20.5 Intersection Repair Obligations.doc
Richard Hastings
From: Richard Hastings
Sent: Tuesday, June 24, 2008 11:26 AM
To: 'Sean.Frisch@lafarge-na.com';'Stearns, Wes'; Steven.Brown@lafarge-na.com;'Lynn Mayer
Shults'; Casey.Felmlee@lafarge-na.com;'connie.davis@aggregate.corre;
reservold@Igeverist.com
Cc: Wayne Howard; David Bauer; Don Dunker; Donald Carroll; Josh Holbrook
Subject: WCR's 1 & 20.5 Intersection Improvement Project
Attachments: image002.png
To All Participants: The attached spread sheet shows proposed estimated costs to improve the above
mentioned intersection as part of the Long -Term Maintenance and Improvements Agreements for:L.G.
Everist, Inc.(USR-874)Doc.#980426, Lafarge West Inc.(USR-488)Doc.#2003-0550, and Aggregate
Industries(USR-877)Doc.#920510. The work will be performed by Weld County personnel and is
scheduled for the 2009 construction season. As with other similar agreements, the participants are
encouraged to formulate a proportional cost sharing percentage that is mutually accepted by all three
participants.
WELD COUNTY PUBLIC WORKS DEPARTMENT
PRELIMINARY PROJECT ESTIMATE
Section Name
WCR 20.5
Crossing
WCR 1
DATE
5/12/08
REVISED
6/2/08
SECTION CLASSIFICATION
Collector
PROPOSED ROW
60'
EXISTING ROW
60'
TOTAL PROJECT LENGTH
800'
DESIGN TEAM
Weld
CONSTRUCTION TEAM
Weld
COLORADO
HASK/BUDGET YEAR
UNIT
COST/UNIT
QUANTITY
SUM
GRAVEL 8"/2009
TON
$ 10.00
800
$8,000.00
SPHALT 5"/2009
TON
$ 45.00
350
$15,750.00
DRAINAGE/2009
LS
$ 15,000.00
1
$15,000.00
UTILITIES/2009
LS
$ 10,000.00
3
$30,000.00
LABOR & EQUIPMENT/2009
LS
$ 60,000.00
1
$60,000.00
ROW/08
ACRE
$ 20,000.00
2
$40,000.00
TOTAL PROJECT COST
Cost Estimate Assumptions
1.) Design and R.O.W. Complete in 2008.
2.) Labor & Equipment = 2 times Materials Cost.
$168,750.00
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