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Home My WebLink About20051657.tiff RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD COUNTY ROAD 3.25 AND AUTHORIZE CHAIR TO SIGN - FARFRUMWURKIN, LLLP, C/O JON FILE 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 Road 3.25 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 Farfrumwurkin, LLLP, c/o Jon File, commencing upon full execution of said agreement, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deemed 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 Road 3.25 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 Farfrumwurkin, LLLP, c/o Jon File, 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 6th day of June, A.D., 2005. � BOARD OF COUNTY COMMISSIONERS • \\ I L 4 WELD COUNTY, COLORADO 4/14 v .= Lai William H. J <e, Chair `r. +y+, - •. n Jerk to the Board •� M. eile, Pro-Tem Deputy Clerk to the Board CcA d E. Long AST • RobeLd un o ' � Glenn Vaad Date of signature: 4 "c c 2005-1657 • (it MEMORANDUM CTO: Clerk to the Board DATE: June 1, 2005 • 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 Jon P. File (USR-1488, Farfrumwurkin) The appropriate documentation is attached. pc: Donald Carroll, Engineering Administrator Keith Meyer, Engineering Manager M:\Franci eAgenda-2.docM:\Francie\Agenda-2.doc FT YJ FJ 2005-1657 z_ COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this 699 ti'day of � , 2005,by and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and Farfrumwurkin, LLLP — Jon P. File (USR-1488), hereinafter called "FARFRUMWURION." WHEREAS,FARFRUMWURKIN has acquired land use permits from the COUNTY for gravel mining on 314 acres located in the East 1/2, Southwest 1/2,North'h, Southeast'A, and part of the West 1/2,West 1/2,Lot B, (RE- 3474),part of the West''/2,West 1/2 of Section 32, Township 2 North, Range 68 West and part of the Southeast 1/4, Lot 3 (RE-1775), Section 31, Township 2 North, Range 68 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 pit, and WHEREAS, the gravel pits generate an increase in heavy traffic, and WHEREAS, the existing County roads that serve the gravel pits shall require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS,COUNTY and FARFRUMWURKIN have reviewed maintenance and improvements proposals put forth by FARFRUMWURKIN,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 FARFRUMWURIC1N mutually agree as follows: 1. FARFRUMWURK N will provide for the duration of any material haulage from it FARFRUMWURKIN operation (permitted as USR-1488)with the legal description East'h,Southwest'h,North 1/2, Southeast'A, and part of the West 1/2,West''/2,Lot B, (RE-3474),part of the West''/2,West''/2 of Section 32,Township 2 North,Range 68 West and part of the Southeast'A,Lot 3 (RE-1775),Section 31,Township 2 North,Range 68 West of the 6th P.M,Weld County, Colorado Haul Route(s) A. The route is defined as follows: Material will be hauled off site, and the trucks will utilize WCR 3.25 to transport material south to State Highway 52. State Highway 52 is the most accessible route east to I-25 or west to County Line Road. I IIIIII VIII VIII IIIIII III IIIIIII IIIIII III VIII IIII III! 3297230 06/23/2005 03:52P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 1 aDos- i4.57 Improvements B. FARFRUMWURKIN shall provide a pavement design for the entire haul route and acceleration lane from the USR for review and approval by the Public Works Department. Paving shall be required from the main entrance south to State Highway 52. C. FARFRUMWURKIN shall complete the road improvements associated with the proposed operation and as outlined in this agreement prior to commencement of hauling operations. 1. FARFRUMWURKIN shall start working on haul route improvements within six(6)months and be completed in approximately six(6)months from the start of the road construction. The time period shall start when materials are hauled off the site. D. FARFRUMWURKIN 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. E. FARFRUMWURKIN shall pay 100%of the improvements on WCR 3.25 from their main entrance south to State Highway 52. F. The safety improvements shall include: additional asphalt , acceleration lane at the main entrance, shoulders on both sides,match the existing base and asphalt cross-section;an asphalt overlay 28 feet wide from the main entrance south to State Highway 52. Additional paving of the truck crossing, tracking pad, and trucking crossing signs per MUTCD is required. G. The engineering design and construction plans shall be the responsibility of the gravel hauler. The applicant shall provide the COUNTY with construction drawings that detail the required improvements. The plans shall consist of, at a minimum, main entrance intersection layout and grading, plan and profiles where appropriate, cross sections, approach road, and adequate turning radiuses. A geometric recommendation on depth of additional asphalt overlay to accommodate heavy truck traffic. These plans will require approval by the Public Works Director/County Engineer or his representative. A registered professional engineer registered in the State of Colorado must prepare the construction plans. The plans, when reviewed and approved, will constitute a section of this agreement. They will be attached hereto and referenced as Exhibit "A." H. The applicant shall warrant and guarantee all improvements for a period of one year from completion. Maintenance I. FARFRUMWURKIN agrees to excavate, repair, or patch any damage on said road that has been created by heavy truck hauling from FARFRUMWURKIN gravel pits. The type and method of repair will be determined by the Public Works Director/County Engineer or his representative. The repairs shall commence within thirty (30) days of receipt or our written notice. 111111 11111 11111111111 III 111"11 111111 III 111111111 1111 3297230 06/23/2005 03:52P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder J. There will be an annual road inspection in the spring to determine actual conditions and what work is to be performed that summer if any repairs are needed. K. At any time in the future, if road damage has increased beyond the point that repair of damage can reasonably restore the road,FARFRUMWURKIN will pay a proportionate cost share based on truck traffic using the haul route in the reconstruction of those parts of said road. L. If reconstruction is required, FARFRUMWURKIN 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. CDOT Improvements M. FARFRUMWURKIN shall address all the Colorado Department of Transportation(CDOT)access issues at the intersection of State Highway 52 and WCR 3.25. 2. Prior to the start of mining,the COUNTY AND FARFRUMWURKIN will document the existing condition of the roadways. This effort will ensure that FARFRUMWURKIN will not be held responsible for existing roadway damage, if any. 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,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. 4. 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. 5. 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. 6. Should FARFRUMWURKIN 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,FARFRUMWURKIN 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-1488 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 USR-1488. 7. 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. 11111111111111111111111 III 1111111111111 MINIM' till 3297230 06/23/2005 03:52P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8. 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. 9. Indemnification: To the extent authorized by law,FARFRUMWURKIN 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 FARFRUMWURKIN 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. 10. 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. 11. 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, Colorado 80632 Farfrumwurkin, LLLP (FARFRUMWURKIN) 1163 Oakhurst Drive Broomfield, Colorado 80020 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. Intl 1111111111 IIIIII III 1111111 IN III IIIII HI 3297230 06/23/2005 03:52P Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk&Recorder 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: FARFRUMWURKIN,LLLP By: By: WO- By: ATTEST: BOARD OF COUNTY COMMISSIONERS E 11.4 WELD COUNTY, COLORADO Weld County Clerk to the rur ( 3 C�•,:�=� By: r G. '' � �� By: 1-•. Deputy Clerk to the Bo. _;.: i William H. Jerke, Chair JUN 0 6 2005 M:\W PFILES\AGREEMN7 V Load-Improv\Farfru mwurkin-agr.doc 1111111 1IIII 11111 111111 III MB I'l1 IIIIII Inn 101 1111 3297230 06/23/2005 03:52P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 070/25 —/657 Hello