The URL can be used to link to this page

Browse Search

Home My WebLink About20051658.tiff RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD COUNTY ROAD 18 AND AUTHORIZE CHAIR TO SIGN - L. G. EVERIST, INC. 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 18 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 L. G. Everist, Inc., 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 18 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 L. G. Everist, Inc., 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 1 Lat WELD COUNTY, COLORADO .�� , 1861 (� ` William H. Je , Chair ty Clerk to the Board Ouin• /2.---Ca•-/-7cd;--/ yplerk to the Board r D 'd E. Long OV AS TO F . Rob D. Masden C my A orney ,Q,“4, V 0 ,e0.CE Glenn Vaad - Date of signature: / 2005-1658 EG0052 m Pw, PL �°� 06- ;87---os- rittLe „, MEMORANDUM TO: Clerk to the Board DATE: May 31, 2005 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Long Term Maintenance and Improvements Agreement on WCR 18 with L. G. Everist. The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator WCR 18 USR-1255 M 1Francie\AgendaDonald.doc M: \Francie\AgendaDonald.doc 2005-1658 229 COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this (p'"` day of -cut, , 2005,by and between the County of Weld, State of Colorado, hereinafter called "COUNTY" and L. G. Everist, Inc. (AmUSR-1255), hereinafter called "EVERIST". WHEREAS,EVERIST has acquired land use permits from the COUNTY for gravel mining,an asphalt and concrete batch plant on 297 acres located in part of Lots 1,2,and 3,and 4 in the North IA Northwest 1/4; Lot 6 in the Southwest''/4,Northeast ''/4 in Section 30,Township 2,North,Range 66 West; Lot 3 in the East'/:of Northeast''/4 in Section 25,Township 2 North,Range 67 West platted as the Lupton Meadows Land Co.Division 3 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 pits, and other gravel pits shall generate an increase in heavy truck traffic, and WHEREAS,the EVERIST gravel pit has increased its permitted mining area and will generate heavy truck traffic for an extended period of time, and WHEREAS, the existing County roads that serve the gravel pits and plant site shall require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS,COUNTY and EVERIST have reviewed maintenance and improvements proposals put forth by EVERIST,and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits. WHEREAS, upon execution of this Agreement, the previous Long-Term Road Maintenance and Improvements Agreement between COUNTY and EVERIST for the Fort Lupton gravel operation (permitted as USR-1255) and recorded with the Weld County Clerk and Recorder at reception number 2831900, shall be terminated and of no further force and effect. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and EVERIST mutually agree as follows: 1. EVERIST will provide for the duration of any material haulage from its Fort Lupton gravel pit operation(permitted as AmUSR-1255)with the legal description as part of Lots 1,2,and 3,and 4 in the North 1/2 Northwest ''/4;Lot 6 in the Southwest %4,Northeast''/4 in Section 30,Township 2,North, Range 66 West;Lot 3 in the East 1/2 of Northeast 1/4 in Section 25,Township 2 North,Range 67 West platted as the Lupton Meadows Land Co. Division of the 6th P.M., Weld County, Colorado. 1 IIIIII 1111111111111111 III 111111111111 III III J IIII IIII 3297229 06/23/2005 03:50P Weld Coun , C 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk:Recorder - 1 - Haul Route A. Eastbound haul trucks will exit the site via one of the approved access roads directly onto Weld County Road (WCR) 18 and head east towards U.S. Highway 85. B. Westbound haul trucks exit the site via one of the approved access roads directly onto WCR 18, west on WCR 18 to WCR 23 (only local delivery). EVERIST shall use only one access onto WCR 18 at any time for hauling operations. Improvements C. Safety improvements, pursuant to separate individual agreements with the County, to be completed by CHAMBERS,LLC(permitted under the name Heit Farms,LTD,USR-1444), hereinafter called"CHAMBERS"AND ZADEL FAMILY,LLLP,(permitted under the name Northern Colorado Constructors,Inc.,USR-1394)hereinafter called"ZADEL",will include roadway realignment at both approaches to Bridge 18/25B and a right turn lane(free right) onto the acceleration lane at U.S.Highway 85 to accommodate heavy hauling associated with the gravel mining, asphalt, and concrete batch plants on the haul route. D. EVERIST shall pay a proportional share of the cost for the safety improvements referred to in Paragraph 1.C. herein and maintenance. The total cost for the improvements is to be shared between EVERIST, the COUNTY, ZADEL and CHAMBERS who have separate, individual road agreements with the COUNTY. The proportional shares have been determined by the County and are attached herein as Exhibit"B". EVERIST's proportional share will be calculated according to the percentages shown in Exhibit"B"and will allow for a reduction in cost participation providing a credit for work completed by EVERIST as part of a previous road improvement agreement. The improvements previously constructed by EVERIST,which benefit all haulers,include acceleration and deceleration lanes on U.S. Highway 85. The total cost incurred by EVERIST for these improvements is $210,395.62. The COUNTY will request estimates and bids from ZADEL and CHAMBERS for the road improvements outlined in Paragraph C. Copies of all engineer's estimates and bids submitted during the course of the project will be provided to all parties. After the road improvements listed in Paragraph C are completed, the COUNTY will determine what amount, if any, is due to CHAMBERS and ZADEL from EVERIST. E. EVERIST shall warrant and guarantee work and maintenance only on work actually performed by EVERIST under this agreement for a period of one year from completion. Maintenance F. EVERIST agrees to excavate,repair,or patch any damage on said road that has been created by heavy truck hauling from EVERIST gravel pits. The type and method of repair will be determined by the Public Works Director/County Engineer or his representative. The repairs I IIIIII IIIII IIIII IIIII1 III OCHE III 11111 IIII IIII 3297229 06/23/2005 03:50P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder shall commence within thirty(30) day s of receipt of our written notice. The cost share for routine maintenance shall be as shown on Exhibit"B". EVERIST and COUNTY will perform annual inspections in the spring of the roadways to determine actual conditions and what work is to be performed that summer if any repairs are needed. EVERIST will be provided with a copy of the inspection report. G. If total road reconstruction is required,EVERIST shall pay a proportional share of the cost to reconstruct. The share will be as shown in Exhibit"B". 2. Prior to the start of mining, COUNTY and EVERIST will inspect the roads covered under this Agreement to insure that the operator will not be responsible for damage previously incurred. This effort will ensure that EVERIST will not be held responsible for existing roadway damage. EVERIST will be provided with a copy of this inspection report. 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 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 of 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 to 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 EVERIST 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, EVERIST 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 AmUSR-1255 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 AmUSR-1255. 7. All construction and materials controls for a project will be in accordance with the current Standard 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. 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 1 Mill 1111111111IIIIIIIII1111111111111III11111 3297229 06/23/2005 03:50P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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,EVERIST 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 EVERIST 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 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. 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, CO 80632 L. G. Everist, Inc. (EVERIST) 7321 E. 88th Avenue, Suite 200 Henderson, CO 80640 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. AIM 11111 11111111111 III 1111111 IIIIII III 1111111II III1 3297229 06/23/2005 03:50P Weld County, CO 4 of 6 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: L. G. EVERIST, INC. �=� �/ BY•��, c �i� By: ATTEST: A ,�`'� Elsa '-BOARD OF COUNTY COMMISSIONERS it WELD COUNTY, COLORADO Weld County Clerk to the B dBy: By: c� I / Deputy Clerk to the Boar JJJj€ William H. Jerke, Chair JUN 0 6 2005 M:\WPFILES\AGREEMNTVtoad-Improv\LG Everist\LG Everist_agr 5-26-05.doc 11111111111111111111111III1111111 HI III 11111 1111 1111 3297229 06/23/2005 03:50P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 5 - & 't'5 -/ s P �„ ` {. " SNARED '" "' MAINTENANCE t7 ; DISTRIBUTION ,ir 'y HEIT/WELD CO. ` > sQ!' ` R HEITIWELD CO./N.C.C.I. • HEIT/WELDCO./ N.C.C.LIL.G.EVERIST ss , ti ` +' w�'«.,�Hwy 500 0 900 1000•tit i t r x.z g 7 w y;;'a • • • ,i• , r, r . ,7-• ,••• ,. ...•, • •• •• •,„„•• • •:, ••• .. . .,,L.,...,..,...,..,..,..a:,:..,::::.i.i.„7,7 .•.,.:.: ... .••,../..;,.....,.:::.....i.:..•.....:..,..: ,••;,.•....;...,..•• •••• . . . . • .,.:„.•• . •...?„:„.,:sy.y,....•:•.•••••,14..,f f :. gcl...•:.,..;:... ... :•,',,,--',0-A,i,;1444,).4 }J��y� 1., � x f 1. a.; I � „.. Ore, x 4Ft t •., x /t a Ifib.: ' z .' • • • ` e ,. A ( • L n. At p .q �y; r �0 • •• Pk .%kilo xJ 4 iVi 1 e er 4 ROAD MAINTENANCE - i • , r '*<.d`� k - ".:1, yy; WELD - 1% x y4 �' n� V'',."11:13/4:4:: 'x Sett HEIT - 99/o itl �rc }:1 A' �, - ! 1 �•�P �4 • ,n ✓'7 �xKa..',d 3� Jr ROAD MAINTENANCE r... i, �o.. :' WELD - 1% 0,,-,!:-..-,'..ROADWAY ROADWAY MAINTENANCE # S f1: •*' `�' v•• HEIT 55/0 + v WELD - 1% "fib^ �c ` ' 4ie P NCCI 44% xyr y' HEIT - 34% ' i�q•1 !f �+r NCCI 28% i` ;,Y _ r t,~ r 1� +, S LG 37% ,- tai } tx r" x r y V y "x 4�{ � �� ..c..,,.!..:..,..:!:••• ..:•,..-4 ,;(,,....,...,:c..,.,.,!.,,..„.,:•...,,, , t� 4 k ° M P ' 14P•4,:,-,...:;:r9,•:;-,s....1,:y,;,,,,t i' L J ar • x r y�x �� 44 x f�1!<rz0I xt , .� 13i:.] x . t" / _ 'E Bridge 15-2511 < ':$ ;, . Bridge 18-25A 'l :7'.1.:::.. I 111111 11111 11111 111111 III 1111111 111111 III 11111 1111 III! 3297229 06/23/2005 03:50P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello