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Home My WebLink About20072876.tiff RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ASSOCIATED PIPE LINE CONTRACTORS, INC. 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 Long-Term Road Maintenance and Improvements 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 Associated Pipe Line Contractors, Inc., commencing September 5, 2007, 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 Long-Term Road Maintenance and Improvements 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 Associated Pipe Line Contractors, 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 10th day of September, A.D., 2007, nunc pro tunc September 5, 2007. �fwa BOARD OF COUNTY COMMISSIONERS WEL UNTY, COCh ,(LO O illATTEST: r ia�t I z. vn I — )avid E. Long, Chair Weld County Clerk to th-''.- °min � � ,�� William J e r -Tem BY:\ .c.. De y Clerk-Yo the Board 1 William F. Garcia D AST EXCUSED Robert D. Masden (� ounty At orney (� -c�aX4m Y ZiAr �l 1/d R ougl Rademache Date of signature: l"l 2007-2876 fi ) ,,qt) 0 L /6—/(1 7 a MEMORANDUM TO: Clerk to the Board DATE: September 6, 2007 C. COLORADO FROM: Donald Carroll, Engineering Administrator Q[4/ SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Long-Term Road Maintenance and Improvements Agreement with Associated Pipeline The appropriate documentation is attached. Enclosures pc: Planning Services Kelly Jenkins, Engineering Tech II- Permits M\PrancieWgcndaDonald nonex.doc on C)-c- N -Kr*C IT1 � .3 0 O C T' v I rn o c co 2007-2876 . 976 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this S day of September- , 2007, by and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and Associated Pipe Line Contractors, Inc. hereinafter called "ASSOCIATED PIPE LINE"; WHEREAS, the construction of a 42" OD steel high pressure natural gas pipeline under Weld County Right-of-Way results in an increase of heavy vehicle traffic. WHEREAS, the existing County roads that serve the project may require increased maintenance and improvement due to the increase in vehicle traffic, and WHEREAS, COUNTY and ASSOCIATED PIPE LINE have reviewed the Long-Term Road Maintenance and Improvements Agreement, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve project. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and ASSOCIATED PIPE LINE mutually agree as follows: Haul Route A. ASSOCIATED PIPE LINE shall complete the Long-Term Road Maintenance and Improvements Agreement associated with the proposed operation and as outlined in this agreement prior to commencement of hauling operations. B. The Designated haul routes for heavy vehicle traffic to transport material and equipment is defined as follows: Haul Routes: • WCR 138 between Hwy 85 and WCR 39 • WCR 39 between WCR 138 and WCR 136 • WCR 120 From Carr Pipe yard and Hwy. 85 • WCR 90 between WCR 33 and WCR 57 • WCR 77 between State Hwy. 14 and WCR 136 • WCR 73, 79, 81, 83, 85, 89, and 93 between WCR 136 and State Line • WCR 71 between State Line and WCR 132 • WCR 132 between WCR 67 and WCR 71 • WCR 67 between WCR 132 and WCR 128 • WCR 128 between WCR 67 and 57 • WCR 57 between WCR 128 and WCR 134 • WCR 91 between WCR 136 and WCR 138 • WCR 138 between WCR 91 and WCR 93 • WCR 136 between WCR 71 and WCR 89 11111111111111111111111111111111111111111111 3507976 10/01/2007 03:10P Weld County, CO der 7-Q 89%- 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Dust Suppressant: If excessive heavy truck hauling cause dust problems to the adjacent property owners, the applicant shall be required to provide an adequate dust suppressant chemical (calcium chloride or magnesium chloride) for approximately 300 feet at any residence. Determination of the need for dust control application shall be determined by the Weld County Public Works Department (Motor Grader Division Supervisor) based on complaints, average daily traffic counts, and increase of heavy truck hauling associated with this operation. Maintenance: ASSOCIATED PIPE LINE agrees to excavate, repair, or patch any damage on said road that has been created by heavy truck hauling. The type and method of repair will be determined by the Weld County Public Works. Upon notice by Weld County, the applicant will cease hauling operations or direct the contractor to cease hauling operations until the roads are repaired to the satisfaction of the Weld County Public Works Department. Hauling operations will not be allowed to resume until the condition of the road allows heavy hauling without damage being done to the road. ASSOCIATED PIPE LINE shall apply dust control adjacent to residences next to all haul routes. Weld County shall be responsible for grading and preparation of application sites prior to application of dust control. If road damage due to heavy truck traffic has increased beyond the point that repair of damage can reasonably restore the road ASSOCIATED PIPE LINE will pay 100% of the improvements. Signing: Utilize the (MUTCD) Traffic Manual appropriately sign construction zones and crossing adjacent to county roads. Tracking Pad: Tracking pads are required at all major construction locations where there is heavy traffic coming from the site on to the county road. The purpose of the tracking pads is to keep mud and debris from leaving the site and being tracked on the county road contaminating the existing gravel road. There shall be no staging or parking of vehicles or equipment on county roads. Utilize on-site locations and private rights-of-ways for these activities. Termination of Long-Term Road Maintenance and Improvements Agreement upon completion of the Associated Pipe Line facility and pipeline: 1. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God, strike, or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse timely performance of such obligations as soon as reasonably practical. The parties may, however, mutually consent to excuse a party from performing any obligation, in whole or in part, upon a showing that performance has been rendered impracticable by reason of FORCE MAJEURE. 2. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of the other party. Such consent will not to be reasonably withheld, conditioned, or delayed. 3. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the intention of the parties that the remainder of this Agreement shall not be affected. 11111111111111111111111111111 III 1111111 III 11111 IIII 1111 3507976 10/01/2007 03:10P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4. Should ASSOCIATED PIPE LINE sell its operation, cease operating, file bankruptcy, or in any way release ownership and responsibility of the permitted property, this Agreement as set forth herein, shall be terminated. If the aforementioned release should occur, ASSOCIATED PIPE LINE shall give a minimum notice of ninety (90) days to the County before the date of termination. If the aforementioned release should occur, the County shall have the option of immediately terminating this Agreement. Notwithstanding the terms of this paragraph. 5. All construction and materials controls for a project will be in accordance with the current Standard Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction, signage shall be posted in accordance with the most current Uniform Manual on Traffic Control Devices. 6. It is expressly understood and agreed that 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 actions 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 deemed an incidental beneficiary only. 7. Indemnification: To the extent authorized by law, ASSOCIATED PIPE LINE agrees to indemnify, save, and hold the County harmless from and against any and all claims, damages, losses, and judgments, which may be suffered or incurred by the County as a consequence of any breach by ASSOCIATED PIPE LINE of its obligations and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the event that any dispute shall arise under this Agreement, the prevailing party in such dispute shall be entitled, in addition to any other relief to which such party may be granted, to recover its reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute. 8. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint venture or partnership. Except as provided herein, neither party shall have the right or authority to act for, or on behalf of, or to enter into any obligations which are binding on the other party to this Agreement. 9. All notices to be given under this Agreement shall be in writing and delivered in person, or mailed by certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service, to the party to receive such notice at the following addresses: Weld County Board of Commissioners (COUNTY) P.O. Box 758 Greeley, CO 80632 Associated Pipe Line Contractors, Inc. 3535 Briarpark, Suite 135 Houston, TX 77042 11111111111111111111111111111t MEMOIR IIIR IIII IIII 3507976 10/01/2007 03:10P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder All notices shall be effective upon receipt by the party to receive such notice, or by the third day following deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgment of refusal of delivery of said notice. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. WHEREFORE, parties have hereunto set their hands and seals the date and year first written above. ATTEST: Associated Pipe Line Contractors, Inc. By:C--5/2 By: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,� COLORADO ��Oa �c a Weld County Clerk to the Board 1861 -i442 .' By: tzis cAS De. ty Cl- to the Board �� David E. Long, Chair 9/10/2007 M VAGRBEMPNI S\Road-ImprovA2007AAssociated Pipe Line /Y 1 111111 11111 111111 1111 IIIn III 1111111 III 11111 1111 111 3507976 10/01/2007 03:10P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder apO2 e74 Hello