HomeMy WebLinkAbout20023095.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR WELD COUNTY ROADS 12 AND 35 AND AUTHORIZE CHAIR TO
SIGN - SELECT MATERIALS
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 Weld County Roads 12 and 35 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 Select Materials, 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
for Weld County Roads 12 and 35 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 Select Materials 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 2nd day of December, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: �G� /1! Do A_k S 1Ia.hA
llea Gle 6 aad, Chair
Weld County Clerk to e d, :cam )----- \ e r
1861 , C>{ .s- C
8 Is David-L. , Pro-Tem
BY: • -4— s ,
Deputy Clerk to th oar t /9,, /
. J. eile
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APPROVLD AS Tp-FORM: i lr�ti,__
71 li H. J r c) 6e '
L6unty Aram% y
/ Az� Robert D. asden1
Date of signature: /
2002-3095
(i C; Pa?, Se/ee/ X1/4/E,r, y, EG0046
501
COUNTY OF WELD. STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
WCR 12 and WCR 35
THIS AGREEMENT, made and entered into this 7 day of ----gal , 2002, by and
between the County of Weld, State of Colorado, hereinafter called "County" and Select Materials (USR-
1367), hereinafter called"Select Materials".
WHEREAS, Select Materials has acquired land use permits from the County(USR 1367)for open
pit mining and materials processing on 38.3+ acres located in part of southeast '/ of the southwest '/ of
Section 1, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado and
WHEREAS, the mining generates an increase of heavy traffic and will require increased
maintenance and improvement due to the increase in heavy truck traffic on the existing County roads that
serve the mining operation
WHEREAS,County and Select Materials have reviewed long-term maintenance and proposals put
forth by Select Materials, and both parties agree that such maintenance will enhance the accessibility and
safety of the roads that serve said mining operation. These items include repair of the haul route for damages
caused by the hauling from the operation, and
WHEREAS,County and Select Materials have,concurrent with this agreement,reached a SHORT-
TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT (WCR 12) which agreement
governs the improvement and maintenance of WCR 12 until the paving is complete at which time this
agreement will take effect regarding WCR 12, and
NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth,
County and Select Materials mutually agree as follows:
1. The County roads that service the gravel pit is Weld County Road(WCR) 12 from a point
of ingress and egress west to WCR 35 and the designated haul route is west out of the
mining operation main entrance,thence west on WCR 12 to the intersection with WCR 35,
and thence north on WCR 35 to the intersection with State Highway 52. No truck traffic
will be permitted south on WCR 35 through the Buffalo Ridge Estates.
2. Select Materials agrees to excavate,repair or patch any damage on said roads that have been
created by heavy truck hauling ONLY from Select Materials mining, as determined by the
Weld County Director of Public Works or his designee.
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3. There will be 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.
4. Select materials will not be responsible for repairing erosion damage caused by heavy rains
to ditches, accesses, or pavement.
5. At any time in the future, when road damage has increased beyond the point that repair or
patching can reasonably restore the road,Select Materials will cooperate with County in the
reconstruction of those parts of said road.
6. When reconstruction is required,Select Materials 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 volume counts.
7. The County will provide testing and inspection for the construction.
8. Select Materials has supplied a Traffic Impact Analysis Study for the sand mining operation.
Weld County will perform a pavement and base course design taking into consideration
existing and anticipated truck traffic generated from the sand mining site.
9. Prior to the start of mining,Weld County and Select Materials will inspect the roads covered
under this Agreement to insure that the operator will not be responsible for damage
previously incurred.
10. All construction and material controls for a project will be in accordance with the current
Standards 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.
11. 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 while
or in part, upon a showing that performance has been rendered impracticable by reason of
FORCE MAJEURE.
12. 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 be reasonable withheld,
conditioned, or delayed.
13. 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.
14. Should Select Materials 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, Select Materials
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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.
15. 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.
16. Indemnification: To the extent authorized by law, Select Materials 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 Select Materials 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.
17. 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.
18. 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 Select Materials
(County) c/o: Robert Oman
P.O. Box 758 17269 WCR 12, P.O. Box 280
Greeley, CO 80632 Fort Lupton, Colorado 80621
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.
19. This writing,together with the exhibits hereto,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 or the
respective survivors,heirs,personal representatives,successors and assigns of said parties.
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20. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any portion of this Agreement
be deemed to have created a duty of care,which did not previously exist with respect to any
person not a party to this Agreement
21. Without limiting any other remedies available to the County,the default of Select Materials
in performing the substantive obligations placed upon it by this agreement may be grounds
for revocation, following a hearing before the Board of County Commissioners, of USR
1367.
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: SELECT MATERIALS
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ATTEST: ,�p� BOARD OF COUNTY COMMISSIONERS
C<)LD�P WELD COUNTY,COLORADO
9v mmis •ion •_><oir. � 2005
Weld County Clerk to theidoard
BY By:
Deputy Clerk to the B.rj . r� 91�c � Glenn Vaad, air 2/02/2002)
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