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Home My WebLink About20020357.tiff RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND 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 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 for a Portion of Weld County Road 26 and the intersection of Weld County Roads 26 and 13 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 Long-Term Road Maintenance and Improvements Agreement fora Portion of Weld County Road 26 and the intersection of Weld County Roads 26 and 13 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 11th day of February, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST: il4'/b l >. /I'G La G Gle aad, Cha• Weld County Clerk to t B.: tPr 1861 Q2S�'�r y David E. : ro-Tem BY: Deputy Clerk to the B I ' J}::sy'•`Y( 1��►�- . J. eile APP AST: "M: 17-/ 'Ili Jrke y Attorney 1 �` nt A orney Robert D. Masden Date of signature: °MS 2002-0357 EG0046 pc .. Ptxr 7G. a: N I. L.. • 911 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this II fl day of litrLail4_ , 2001,by and between the County of Weld, State of Colorado, hereinafter called"County" and L. G. E6€rist, Inc. (USR-1326), hereinafter called"Everist". WHEREAS,Everist has acquired land use permits from the County for gravel mining and plant operations on 82±acres located in part of north west 1/4 and part of north east 1/4 of the north east 1/4 of Section 6 , Township 2 North, Range 67 West of the 6th 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 Everist have reviewed maintenance and improvements proposals put forth by Everist,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 Everist mutually agree as follows: 1. Everist will provide for the duration of any material haulage from its Lohmann/French (hereinafter called"Lohmann")operation(permitted as USR-1326,with the legal description of part of north west 1/4 and part of north east 1/4 of the north east 1/4 of Section 6 , Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado): A. The Weld County haul route is defined as follows: out of the Everist Lohmann operation main entrance, west on Weld County Road (WCR) 26 to WCR 13, then north on WCR 13 to State Highway 66. B. The haul route shall be modified during the time period of the WCR 13 bridge reconstruction. Then, the haul route shall be defined as follows: out of the Everist 1 111111 11111 1111111 1111 1111 111111 111111 111 11111 Ill 11II 2928911 02/28/2002 01:27P JA Suki Tsukamoto �� _ X57 1 of 4 R 0.00 D 0.00 Weld County CO •• Lohmann operation main entrance, west on WCR 26 to the intersection of WCR 13. (Note: All traffic will head south on WCR 13, which is under the jurisdiction of the Town of Firestone.) 2. Everist agrees to excavate, repair or patch any damage on said road that has been created by heavy truck hauling from Everist gravel pits, 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,Everist will cooperate with County in the reconstruction of those parts of said road. 4. When reconstruction is required,Everist 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 The County will provide testing and inspection for the construction. 6. Everist has supplied a Traffic Impact Analysis Study for the Lohmann operation. Everist shall pave WCR 26 from the operation main entrance west to the intersection with WCR 13 according to Weld County specifications. Weld County will perform a pavement and base course design taking into consideration existing and anticipated truck traffic generated from the Lohmann site. 7. Prior to the start of mining, Weld County and Everist will inspect the roads covered under this Agreement to insure that the operator will not be responsible for damage previously incurred. 8. 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, Everist 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 by the total volume of trucks. Everist has the option to compensate Weld County for their proportional share of the cost through the use of materials and equipment. 9. 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. 2 11111111111111111111111 III 111111 HIM III III 1111 IIII 2928911 02/28/2002 01:27P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 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 Everist 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, Everist 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, the requirements of USR-1326 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-1326. 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, Everist 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 Everist 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 attorneys 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. 16. 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 L.G. Everist, Inc. (Everist) 7321 East 88th Avenue, Suite 200 Henderson, Co 80640 1111111 11111 11111111111 IIII 111111 111111 111 11111 11111111 2928911 02/28/2002 01:27P JA Suki Tsukamoto 3 of 4 R 0.00 0 0.00 Weld County CO 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 . e d. and year first written above. ATT.ST: : flY P(f f v L. G y. ,INC B . %•�:L/ ':,CONVERSE L : 7 , /s a/ $5T 1tt'frFOF CO.4% By: SIC PCZ � �' My Comm.Expires.**1,2002 ATTEST: L� .._/,1��//// �� BOARD OF COUNTY COMMISSIONERS "usu� 77 �f/v f j �► v s, *�` WELD COUNTY, COLORADO f1/414„,4c20 Y� Weld County Clerk to the Deputy Clerk to the Glenn Vaad, Chair 02/11/02 �� m:\wpfiles\agreemnt\road-improv\LOHMANN.AGR.wpd 1111111 VIII 1111111 It IIII IIIIII 111111 III VIII IIII IIII 2928911 02/28/2002 01.of 4 • 4 of 4 R 0.00 D 0. 27P JA Suki Tsukamoto 00 Weld County CO ' o ' ri MEMORANDUM TO: Clerk to the Board DATE: Febnxary•4,.2Q02 FROM Frank B. m ill C : Director oHef Publicpen, Jr. Works/C t Engineer COLORADO• SUBJECT: Agenda Item Please place the following item on the Board's next agenda: Long-Term Road Maintenance and Improvements Agreement on WCR 26 and WCR 13 Lohmann/French Gravel Pit, USR-1326 The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator M:AWPFILES\FrancieAAGENDA.IRC 2002-0357 Hello