HomeMy WebLinkAbout20053601.tiff RESOLUTION
RE: APPROVE LONG-TERM ROADMAINTENANCEANDIMPROVEMENTSAGREEMENT
AND AUTHORIZE CHAIR TO SIGN - READY MIXED CONCRETE 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 Weld County Department of Public
Works,and Ready Mixed Concrete Company,commencing upon full execution,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 Weld County Department of Public Works, and Ready Mixed Concrete
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 12th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ! i ,r ;. � "�. !'G✓
illiam H. erke, Chair
Weld County Clerk to the -r
''w
de, ro-Tem
BY: 1 'al({G „ � :
D uty CI rk to the B.. rd r
D "d . L ng vie
APPR D AS •
Robe D. Masden
untriirney
Glenn Vaal
Date of signature: C5�
2005-3601
PL1623
0 ?
‘H"-*" ,rat
MEMORANDUM
TO: Clerk to the Board DATE: December 5, 2005
C.
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Long-Term Road Maintenance and Improvements Agreement with Ready Mix Concrete
Company.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Donald Carroll, Engineering Administrator
Peter Schei, Senior Engineer
Chris Gathman, Planning Services
USR-1343, Nix Pit
M\FrancieAAgendaDonald nonex.doc
M: \Francie\AgendaDonald nonex. doc
2005-3601
8�
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this °�/ day of , 2005, by
and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and
Ready Mixed Concrete Company, hereinafter called "PERMITTEE".
WHEREAS, PERMITTEE is the holder of a Use by Special Review Permit 1343
("USR Permit) issued by the COUNTY for a sand and gravel mining operation and a
materials processing plant on approximately 312 acres located in part of S 'h, SW '/4 of the
W ' , SE 1/4 and the entire NE 1/4, of Section 28, Township 3 North, Range 67 West of the 6th
P.M., Weld County, Colorado known as the NIX Gravel Pit ("PERMITTEE's operations");
and
WHEREAS, the USR Permit authorizes an access point to and exit from
PERMITTEE's operations;
WHEREAS, other gravel operators are operating similar existing gravel pits and plant
sites in the immediate vicinity of PERMITTEE's operations;
WHEREAS, PERMITTEE's operations may generate an increase in heavy truck
traffic from the authorized access point to and exit from PERMITTEE's operatons;
WHEREAS, the existing County roads that serve the existing gravel pits and plant
sites shall require maintenance and improvement due to the expected increase in heavy
truck traffic from PERMITTEE's operations; and
WHEREAS, COUNTY and PERMITTEE have reviewed maintenance and
improvements proposals put forth by PERMITTEE, and both parties agree that such
maintenance and improvements will enhance the accessibility and safety of the roads that
serve the authorized access point to and exit from PERMITTEE's operations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, COUNTY and PERMITTEE mutually agree as follows:
1. PERMITTEE will provide for the duration of any material haulage from the
authorized access point to and exit from PERMITTEE's operations at the NIX
Gravel Pit under the USR Permit with the legal description as part of the S %,
SW '/4, of the W 1/2 and the entire SE '/4, of Section 28, Township 3, North 67
West of the 6th P.M., Weld County, Colorado, the following:
Haul Route
A. All haul trucks will exit PERMITTEE's operations via the existing access
road directly on to WCR 19. The access drive shall be paved up to 300
feet west of the intersecting WCR 19, approximately one-half mile south
of State Highway 66 as depicted in Exhibit A hereto.
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B. A construction drawing detailing the improvements for the access on to
WCR 19 including acceleration, deceleration lanes, and a left turn slot
shall be submitted for review and approval by the Public Works
Department.
C. Development Standard #24 states that "All gravel trucks under the
management and/or supervision of PERMITTEE shall turn south on to
WCR 19 until the intersection of WCR 19 and State Highway 66 is
upgraded to an acceptable safety and access standard
(acceleration/deceleration lanes and/or stoplight)."
D. PERMITTEE shall be responsible for maintenance of the designated
haul route on WCR 19, south of the gravel pit entrance to WCR 24.
E. PERMITTEE shall complete the road improvements associated with the
proposed operation and as outlined in Section 1.B of this agreement
prior to commencement of hauling operations from the authorized
access point to and exit from PERMITTEE's operations at the NIX
gravel pit.
F. PERMITTEE will provide testing services and inspection for the
construction of the improvements. The COUNTY will only provide
oversight. A registered professional engineer, registered in the State of
Colorado, shall provide the COUNTY with a letter that certifies the
proper installation of the improvements.
G. PERMITTEE shall pay 100% of the improvements on WCR 19 made
necessary by its operations.
Maintenance
H. PERMITTEE agrees to repair any damage on WCR 19 caused by
heavy truck hauling from PERMITTEE's operations. The type and
method of repair will be determined in consultation with the Public
Works Director/County Engineer or his representative. The repairs
shall commence within thirty (30) days of PERMITTEE's receipt of
written notice to proceed from the COUNTY.
I. At any time in the future, if road damage has increased beyond the
point that repair of damage can reasonably restorethe affected portions
of WCR 19, PERMITTEE shall pay a proportionate cost share to
reconstruct those portions of WCR 19 affected by the authorized
access to and from PERMITTEE's operations to WCR 19s.
J. When reconstruction is required, the proportionate share will be
determined by dividing the volume of the truck haulage generated by
PERMITTEE's operations by the total volume of traffic utilizing the
affected portions of WCR 19. The COUNTY will provide the data
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regarding the total volume of traffic utilizing the affected portions of
WCR 19.
2. Prior to the start of mining, COUNTY and PERMITTEE will inspect the roads
covered under this Agreement to establish the baseline condition of the haul
route from the authorized access point to and exit from PERMITTEE's
operations to ensure that the PERMITTEE will not be required to repair
damage previously incurred. The existing baseline condition of the haul
route shall be established by the COUNTY and PERMITTEE by reference to
photographs to be taken from photo-points to be located by the parties
together prior to the commencement of mining.
3. 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, and such party shall complete the delayed
obligation, if any, as soon as reasonably practicable thereafter. The parties
may 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.
A. A "FORCE MAJEURE" shall include (without prejudice to the
generality of the following) fire, floods, storm, plant breakdown, strikes,
lock-outs, riots, hostilities, non-availability of materials or supplies or
any other event outside the control of the PERMITTEE.
4. This Agreement may not be assigned in whole or in part by either party hereto
without the prior written consent of the other party, which consent shall not be
unreasonably withheld, conditioned, or delayed.
5. If any clause or provision of this Agreement is deemed illegal, invalid, or
unenforceable, it is the intention of the parties that the remainder of this
9 Agreement shall not be affected.
0
C c c 6. All construction and materials controls shall conform to the current Standard
�°� Specifications for Road and Bridge Construction, as established,
supplemented or revised, by the Colorado Department of Transportation.
�s During construction, signage shall be posted in accordance with the most
c
current Uniform Manual on Traffic Control Devices.
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Wm—cc1 7. It is expressly understood and agreed that enforcement of the terms and
ry 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 action
o whatsoever to any other person or entity not a party to this Agreement. It is
—o the express intention of the undersigned parties that any person or entity not a
o party hereto that receives services or benefits by virtue of this Agreement shall
=o' be deemed an incidental beneficiary only and not a third party beneficiary of
this Agreement
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8. Indemnification: To the extent authorized by law, PERMITTEE 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 PERMITTEE of its
obligations and duties set forth in this Agreement on those portions of the haul
route described in Exhibit A to this Agreement. In the event PERMITTEE
completes any specific repair or improvement approved by the COUNTY as a
condition of this Agreement, the COUNTY shall release PERMITTEE from any
further construction obligation or liability as it pertains to the specific repair or
improvement. 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.
9. 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.
10. 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
Ready Mixed Concrete Company
Attn: General Manager, Aggregates Division
4395 Washington Blvd.
Denver, CO 80216
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.
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WHEREFORE, parties have hereunto set their hands and seals the date and year first
written above.
ATTEST: READY CO RETE COMPANY
By: /
ott—tkc S'
Title:
ATTES : Ip 9 ' e OF COUNTY COMMISSIONERS
esaOUNTY, COLORADO
Weld County Clerk to the Board a
^1 r
By. / t . /. 7Qvt i ' `�*/J
�epu Clerk to th= :oard William "Bill" Jerke, Chair
DEC 12 2005
Hill Ill lull MINIM IM Ill
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