HomeMy WebLinkAbout20032367.tiff RESOLUTION
RE: APPROVE SECOND AMENDMENT TO AGREEMENT FOR ROAD IMPROVEMENT
FOR WELD COUNTY ROAD 15 AND AUTHORIZE CHAIR TO SIGN - OWENS
BROTHERS 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 Second Amendment to Agreement for
Road Improvement for Weld County Road 15 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 Owens Brothers Concrete Company,with terms and conditions being as stated
in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment,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 Second Amendment to Agreement for Road Improvement for Weld
County Road 15 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 Owens
Brothers 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 amendment.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of August, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COU TY, CO OR O
ATTEST: MM
vid E. Long, C air
Weld County Clerk to the :oard
R bed D. M en, Pro-Tem
lerk to the Board C.,
. J. G ile
1861 ( ' EXCUSED
/ William H- Jerke
Attor
Glenn 'aad
Date of signature: 4 1e
2003-2367
EG0047
eP �'L.� to), f oAt krameej
SECOND AMENDMENT TO "AGREEMENT FOR ROAD
IMPROVEMENT FOR COUNTY ROAD 15,"
678 DATED AUGUST 11, 1997
It is hereby agreed by and between Owens Bros. Concrete Co., the "Developer" under the
Agreement for Road Improvement for County Road 15, dated August 11, 1997, as subsequently
amended in 2002, and the County of Weld, hereinafter referred to as the"County", as follows:
Whereas the Developer and the County wish to modify the foregoing Agreement, as
subsequently amended,to provide in general that the paving of the Developer's hauling route will be
done in a single phase rather than in two phases, that the total amount of paving will remain
substantially the same as under the original agreement, that the cost thereof will also remain
substantially the same (subject to adjustment pursuant to the increase in the Colorado Highway
Construction Cost Index), that payment for the paving of the pertinent part of County Road 15 will
be paid for by the Developer upon completion thereof, and that payment for the paving of the
pertinent portion of Weld County Road 26 will be made by the Developer at such time as the round
trips hauled each day by Developer's trucks over Developer's hauling route reaches a specified
number;
Now therefore it is more specifically agreed as follows:
One. That Owens Bros. Concrete Co. hauling route is hereby redefined to consist of Weld
County Road 15 from the entrance to Developer's sand and gravel mining operation (the
"Development") south to Weld County Road 26 and then west on Weld County Road 26 to Weld
County Road 13; and
Two. That the above-referenced hauling route is to be paved as a single project, payable
071403.11 1
HRH 11111 ���� 1111111 ��� 1111111111111III111111111IIII
3098578 08/22/2003 11:12A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder aDD j-a73(o 7
however in two phases or installments, the first installment of which shall be paid for by the
Developer directly to the County upon completion of the work and receipt of the invoice for that
portion of the haul route which traverses County Road 15, which cost shall be in the amount of
$8,581.68, plus 26%of the ancillary costs, as defined in Section 1 of the original Agreement between
the parties hereto dated August 11, 1997. The Developer shall also pay to the County for the paving
of Weld County Road 26, lying between Weld County Road 15 and Weld County Road 13, which
paving cost shall be in the amount of$45,220.96, at such time as the number of Developer's trucks
using Weld County Road 26 within the Developer's hauling route reaches 75 round trip or more per
day. The foregoing costs are based upon the Colorado Highway Construction Cost Index, which
stood at 141.6 at the date of the execution of the original agreement herein, and which currently
stands at 155.2, which represents a 9.6% increase.
This Second Amendment supersedes all inconsistent terms and conditions of the Agreement
for Road Improvement for County Road 15, dated August 11, 1997, and the 2002 Amendment
thereto.
In Witness Whereof, the parties have signed this Second Amendment to Agreement for Road
Improvement for County Road 15 this S+k day of Ati4ks� 2003.
OWENS BROTHERS CONCRETE CO. COUNTY OF WELD, STATE OF
COLORADO, by and through the
Board of County Commissioners
of Weld C
z_Hity
By: a,. C By: 6 48
CHAIR David E. Long /13/2003
071403.11 2
1111111111111111111111 III 1111111111111 III 11111 liii IIII
3098578 08/22/2003 11:12A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
44O
\ __ MEMORANDUM
CTO: Clerk to the Board DATE : August 7, 2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
Second Amendment to "Agreement for Road Improvement for County Road 15"
Dated August 11, 1997
The appropriate documentation is enclosed
Enclosures
pc: Dean Dreher
M\Francie\Slgnatureltem-DOC
el at(
2003-2367
Hello