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Home My WebLink About20052593.tiff RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CONQUEST OIL 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 Conquest Oil 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 Department of Public Works, and Conquest Oil 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 7th day of September, A.D., 2005. BOARD OF COUNTY COMMISSIONERS �/ �� WELD COUNTY,/ COLORADO ,4 I�es•.40 EST: Jb /�7/1/U. 41-v L,ell-, �- /,, William H. rke, Chair 1 •p .• •-I. se unty Clerk to the Board 1861 oupj A.-0 Slit 7 /J //� �C/x./ ; ,/ Y � M. J. ile, Pr -Tem �r. �B %•��-putt' 1G� QQ� a -1 J•puty Clerk to the Board Colbel �`� : ' - ile David E. Long AP V AST • EXCUSED Robe D. Masden ounty At orney �0,PAA.� 1, Glenn Vaad Date of signature: iS 2005-2593 EG0052 C P : eL, 100, moL. /0-v&-os- ‘H-He ‘it MEMORANDUM CTO: Clerk to the Board DATE: August 31, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit this item for the Board's next agenda. Long-Term Road Maintenance and Improvements Agreement with Conquest Oil Company (AmUSR-729 for WCR 64) The appropriate documentation is attached. Enclosures pc: Donald Carroll, Engineering Administrator x 3 ?°1' Keith Meyer, Engineering Manager M:AFrancneAAgendaDonald.doc M: \Francie\AgendaDonald.doc 2005-2593 • 252 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 3 day of rl l V , 2005, by and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and CONQUEST OIL COMPANY (AmUSR-729), hereinafter called "CONQUEST." WHEREAS,CONQUEST has acquired land use permits from the COUNTY for brine water disposal facility located in the Southwest %4, Southeast % of Section 26, Township 6 North, Range 65 West of the 6th P.M. Weld County, Colorado and WHEREAS, said brine water disposal will generate increased heavy truck traffic and WHEREAS,the existing County road that serves the property will not efficiently support the increased truck traffic, and WHEREAS,COUNTY and CONQUEST have reviewed maintenance and improvements proposals put forth by COUNTY, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said brine water disposal facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and CONQUEST mutually agree as follows: 1. CONQUEST shall be responsible for upgrading as provided in Sections 2 and 3 and maintenance as provided in Section 4 of the designated haul route on WCR 64 west of WCR 47 to the facility (approximately 2,000 feet). 2. Road improvements shall consist of improving the intersection of WCR 64 and WCR 47 with adequate turning radiuses,widening this section of WCR 64 to 24 feet in width to accommodate two-way heavy truck traffic, improvements at the approach road to the site, ditch relocation, extension of culverts, and other relevant improvements within the County right-of-way. 3. The improvements shall also consist of adequately grading the road, applying(3)three inches of road base material, and applying magnesium chloride to manufacturer's recommendations, as determined by Public Works Department twice a year or as needed. 4. CONQUEST shall furnish the necessary base material, magnesium chloride, equipment, and labor. COUNTY will provide maintenance as currently scheduled. CONQUEST'S maintenance shall consist of magnesium chloride applications and/or additional road base to keep the surface reasonably smooth and to control dust as determined by the Weld County Engineer or his representative. CONQUEST is responsible for using materials and methods consistent with any federal, 1 111111 11111 11111 111111 11111 1111 1111111 111 11111 I I I 11111 3325252 09/22/2005 03:40P Weld County, COQ JS9: 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • state, or local laws, rules, or regulations pertaining to hazardous materials, health, and environmental protection. 5. A construction drawing will be required for review and approval at all intersections showing the typical roadway cross section. 6. The engineering design and construction plans shall be the responsibility of CONQUEST. Construction drawings shall provided by CONQUEST outlining the required improvements. The plans shall consist of,at a minimum,intersection layout and grading,plan and profiles where appropriate cross sections,and property ownership. These plans will require approval by the Public Works Director/County Engineer or his representative. The construction plans must be prepared by a registered professional engineer registered in the State of Colorado. The plans,when reviewed and approved will,constitute a section of this agreement. They will be attached hereto and referenced as Exhibit "A. 7. CONQUEST shall warrant and guarantee all improvements under Sections 2 and 3 for a period of one year from completion. All roadway and safety improvements shall be completed prior to the commencement of hauling operations. 8. CONQUEST shall provide testing services and inspection for construction. 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. 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 or FORCE MAJEURE. 10. Except for the right to assign this Agreement to Conquest Oil Company or Marcum Mainstream 1995-2 Business Trust, 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 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 CONQUEST 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, CONQUEST shall give a minimum notice of ninety(90)days to the COUNTY before the date of termination. Notwithstanding the terms of this paragraph,the requirements of AmUSR-729 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 the AmUSR-729 13. 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 1111111 Ill I ll 11111 1111 11111 1111 111,11 I I I 1 k 10'1111 III 3325252 09/22/2005 03:40P We County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder current Uniform Manual on Traffic Control Devices. 14. 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. 15. Indemnification: To the extent authorized by law, CONQUEST 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 CONQUEST 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. 16. By entering into this Agreement, the parties do no 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. 17. 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) 970-356-4000 P.O. Box 758 Greeley, Colorado 80632 Conquest Oil Company(CONQUEST) 970-356-5560 1610 29th Avenue Pl. #200 Greeley, CO 80634 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 acknowledgement of refusal of delivery of said notice. 1111111 11111 11111 111111 11111III11111111 III 1111111111111 3325252 09/22/2005 03:40P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 3 - • ;,(SW , , , ESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first above wri`te 'WHEREFORE,parties have hereunto set their hands and seals the date and year first written above. . 1.:. Aff ES ,. '? ' ' :",,` CONQUEST OIL COMPANY By: .- cYlk ,a.. RETA r[ By: c / Dale S. Butcher, Vice President ATTEST: BOARD OF COUNTY COMMISSIONERS /id) 4 ` TE / ♦ WELD COUNTY, COLORADO Weld County Clerk to i th I861=" oa By: .._LL . I . !��• � _I By: 1/L F l/ "✓ Deputy Clerk to the : L � � William H. Jerke, Chair SEP 0 7 2005 M:\WPFILES\AGREEMNT\Road-Improv\Conquest Oil Company-AmUSR-729.doc 11111I 11111 IIIII IIIIII IIIII I1ll HMI III 11111 llll I'll 3325252 09/22/2005 03:40P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 4 - Hello