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Home My WebLink About20060661.tiff RESOLUTION RE: APPROVELONG-TERM ROADMAINTENANCEANDIMPROVEMENTSAGREEMENT AND AUTHORIZE CHAIR TO SIGN -ASPHALT SPECIALTIES COMPANY 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 Asphalt Specialties Company, 10100 Dallas Street, Henderson, Colorado 80640, commencing January 13, 2006, 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 Asphalt Specialties Company 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 8th day of March, A.D., 2006, nunc pro tunc January 13, 2006. BOARD OF CO TY COMMISSIONERS i /- /4 \WELD COUNT , COLORADO ATTEST: %_ _ M. eile, Chair Weld County Clerk to the . 4 1:1,7 j e 40/ BY. L� 1 �( G(� .D uty ik to the B `ni are' David E. Long, Pro-Tem r D uty C rk to the B rd 'vt - 1/1--.-✓' William H. Jerke APP S TO F EXCUSED Robert D. Masden Attorney EXCUSED Glenn Vaad Date of signature: 3IZ7-k-to 2006-0661 EG0054 eo POI 4M_ io oy az7-off ' a tIst ri ; MEMORANDUM C. COLORADO TO: Clerk to the Board DATE: March 1, 2006 FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Long-Term Road Maintenance and Improvement Agreement with Asphalt Specialties Company (USR-1529) dated January 13, 2006. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Peter Schei, Senior Engineer Donald Carroll, Engineering Administrator M:\Francie\AgendaDonald nonex.doc M: \Francie\AgendaDonald nonex. doc 2006-0661 133 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this /34''day of �a-in ua-ry ,2006,by and between the County of Weld, State of Colorado, hereinafter called "County" and Asphalt Specialties Company (USR-1529), hereinafter called"ASCI". WHEREAS,ASCI has acquired land use permits from the County for gravel mining and plant operations on 73+ acres located in part of the east ''/ of the southeast 'A of Section3l, Township 3 North, Range 67 West of the 6`h P.M., Weld County, Colorado and WHEREAS, other gravel operators are operating similar gravel pits in the immediate vicinity of the above-mentioned gravel pits, and WHEREAS, the gravel pits generate an increase in heavy traffic, and WHEREAS, the existing County roads that serve the gravel pits will require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS,County and ASCI have reviewed maintenance and improvements proposals put forth by ASCI, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, County and ASCI mutually agree as follows: 1. ASCI will provide for the duration of any material haulage from its Nelson Pit (hereinafter called"Nelson Pit")operation(permitted as USR-1529,with the legal description of part of the east ' of the southeast V44 of Section 31 , Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado): The ASCI haul route is defined as follows: out of the Nelson Pit operation main entrance, west on Weld County Road(WCR) 26 to WCR 13,then north on WCR 13 to State Highway 66 or south on WCR 13, which is under the jurisdiction of the Town of Frederick. 1 111111 11111 11111 IIII 111111111111 111111 III 11111 IIII IIII 3374733 03/30/2006 12:59P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder olOOti -so 66/ • 2. ASCI agrees to pay a proportional share of excavation,repair or patch of any damage on said roads that has been created by heavy truck hauling from the Nelson Pit, as determined by the Weld County Director of Public Works or his designee. There will be an annual inspection in the spring of the roadways to determine actual conditions and what work is to be performed that summer if any repairs are needed. 3. At any time in the future,when road damage has increased beyond the point that repair or patching can reasonably restore the road,ASCI will cooperate with County in the reconstruction of those parts of said road. 4. When reconstruction is required,ASCI shall pay a proportional share of the cost to reconstruct. The share will be determined by dividing the volume of the site generated trucks by the total volume of trucks. The County will provide the traffic volumes. 5 ASCI will provide testing services and inspection for the construction of the improvements. The COUNTY will only provide oversight. A professional engineer retained by ASCI and registered in the State of Colorado, shall provide the COUNTY with a letter that certifies the proper installation of the improvements. 6. Prior to the start of mining,Weld County and ASCI will inspect the roads covered under this Agreement to insure that the operator will not be responsible for damage previously incurred. 7. At the time of installation of improvements to the intersection of Weld County Road 13 and State Highway 66, specifically the costs of improvement to create a left-turn bay on northbound WCR 13, ASCI agrees to compensate Weld County for a proportional share of the cost of that intersection improvement at the time of installation. The proportional share shall be determined by dividing the volume of the site generated trucks traveling north on WCR 13 by the total volume of northbound traffic. 8. 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, but shall not excuse the 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. 10. 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. 11. 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. 12. Should ASCI 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, ASCI 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 1111111 HMI 11111 IIII 11111111 liii 111111 111 111111111101 3374733 03/30/2006 12:59P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder have the option of immediately terminating this Agreement. Notwithstanding the terms of this paragraph,the requirements of USR-1529 shall not be waived by the terms of this paragraph and the failure to have a maintenance Agreement in effect may be grounds to revoke USR-1529. 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. 13. 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. 14. Indemnification:To the extent authorized by law,ASCI 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 ASCI 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. 15. 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. 11. 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 Asphalt Specialties Co, Inc. (ASCI) 10100 Dallas Street Henderson, Co 80640 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. 111111111 11111 11111111 IIIIIIII�� 12:59P Weld County, C 3374733 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 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. I A 1TEST: c ASPHALT SPECIALTIES CO. CORPORATE _. t 3 ,) By: Keith A. Farrar, Asst. Secr Daniel W. Hunt, President C . - r A 11 EST 4 , �,4a s, �,:OARD OF COUNTY COMMISSIONERS Mer�Qf'Q ,I ; EL/ LLD COUNTY, COLORADO Wel. ounty Clerk to the Board , t,bt , _5 $ / _ Czit �1�.��,� �`�By: lt,P 1 : :-Gr/ y- Deputy ierk to the B. d ��t r ~ M. J. Geile, Chair 03/08/2006 M:WGREEMENTS\toad-Improv\2006Asphalt Specialties.doc I IIIIII VIII III IIII IIIIIIII IIII 11111 III VIII IIII III 3374733 03/30/2006 12:59P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk:Recorder acne,-ode// INVOICE Receipt No. PUBLIC WORKS PERMIT APPLICATION DEVELOPMENT IMPACT FEES Date: 2/27/2006 WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 Account/Fund: GREELEY,CO 80632 970-356-4000,EXT.3750 APPLICANT(S) Applicant Owner ASPHALT SPECIALTIES CO(NELSON PIT) Street Address 10100 DALLAS ST City HENDERSON State CO Zip 80640 Phone Number Fax Number 303-289-8555 303-289-7707 Subdivision Name Case# USR-1529 Lot(s) Block (s) Sections(s) Township(s) Range(s) 31 3 67 Area in Acres Existing Zoning Existing Use of Property Number of Proposed Lots 73 ACRES AGR MINING/CONCRETE BATCH FEE SCHEDULE QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) Dwelling units $150.00/lot Non-Dwelling Units $750.00/lot 1 Offsite Road Agreements/Haul Route Agreement Review $500.00 500.00 Flood Hazard Development Permit $180.00 Storm Water Permit $180.00 Geologic Hazard Permit $180.00 Non-exclusive License Agreements $100.00 Fabrication and Installation of Cross Road Sign(Blue&white) $150.00 SUBTOTAL 500.00 TOTAL DUE 500.00 Reviewed by: Title: Date: o Cash o Check# o Money Order# By Date: "L 1111111 11111 IIIII 1111 1111111 1111 MIN 111111111 IIII 3374733 03/30/2006 12:59P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello