HomeMy WebLinkAbout20023094.tiff RESOLUTION
RE: APPROVE SHORT-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT FOR WELD COUNTY ROAD 12 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 Short-Term Road Maintenance and
Improvements Agreement for Weld County Road 12 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 Short-Term Road Maintenance and Improvements Agreement
for Weld County Road 12 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, COLD DO
ATTEST: Atell ilcra� 7A.4_60
Weld County Clerk to t t iB.at,,,', :,,,;(----"°- i Gle aad, Chair
t , David r. ng, Pro-Tem
BY: a
Deputy Clerk to the Bo ` .2.:>,!I�. >.' c-,.�- 7 �i
M. J. eile V
AP-PROVED AS TO FO8J*
" i H. Je e 0
C�----- r \ 7-1.--, ��4
,County Attorney
Rrt D. as en
Date of signature: �� / o e
I
2002-3094
.Le,' PIO Se/e0/ /i/at!er/4/ EG0046
5- COUNTY OF WELD, STATE OF COLORADO
SHORT-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT (WCR 12)
THIS AGREEMENT, made and entered into this 1t day of 6 gni , 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 1/4 of the southwest 1/4 of
Section I, Township I North, Range 66 West of the 6`h 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 maintenance and improvements proposals
put forth by Select Materials,and both parties agree that such maintenance and improvements will enhance
the accessibility and safety of the roads that serve said mining operation. These items include applications
of dust suppressant followed by paving of WCR 12 for approximately '/ mile from the entrance of the
operation to the intersection with WCR 35.
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 services 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 improve the WCR 12 portion of the designated haul route to
County's pavement standards to accommodate heavy truck hauling A typical pavement
section should reflect a minimum width of 24 feet of asphalt and base combination,
four-foot gravel shoulders, and an adequate turning radius in the northeast corner of Weld
County Roads 12 and 35. Actual construction shall not be required until final adjudication,
including appeals,of the case of Trostel v Sunoe, Weld District Court Case#2000 CV 47.
3. The Weld County Public Works Department will perform a structural evaluation to
determine the depth of road base and asphalt paving necessary.
4. Select Materials shall supply a set of road way plans for review and approval by Weld
County.
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5. Select Materials shall apply dust suppression chemicals on the said road, as needed, as
determined by the Public Works Department no less than twice a year until the paving
project is commenced.
A. The County shall be responsible from general maintenance including grading and
snow removal.
B. The County shall prep and grade said road prior to Select Materials applying dust
suppression chemicals.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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
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.
11. 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.
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12. 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.
13. 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.
14. 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) do: 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.
15. 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.
16. 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
17. 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.
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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.
A EST: SELECT MATERIALS
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ATTEST: BOARD OF COUNTY COMMISSIONERS
Corn ission Expires March 30,2005 WELD COUNTY, COLORADO
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By: -.i_. _ �1 By:
Deputy Clerk to y . „Ln�__ � Glenn Vaad, 2/02/2002)
M:\WPFILES\AGREEMNT\Road-Improv\WCR I2-355HORT-AGR.wpd
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