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Home My WebLink About20030550 RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AGREEMENT FOR WELD COUNTY ROADS 7 AND 20.5 AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, 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 Agreement for Weld County Roads 7 and 20.5 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 LaFarge West, Inc., with 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 Agreement for Weld County Roads 7 and 20.5 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 LaFarge West, 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 26th day of February, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL OUN , COLORA O ATTEST: gel D vid E. L g, Cha' Weld County Clerk tot frootv •! • r. Robert D. Ma en, Pro-Tem BY: /. . ti?..- b,..4 / Deputy Clerk to the Bc k %' M. J. 6eile PRO D TO M: EXCUSED DATE OF SIGNING (AYE) Willia H. Jerk ounty Attor ey � �j Glenn Vaad _ Date of signature: `3If/ 2003-0550 EG0047 : PLc 136 COUNTY OF WELD, STATE OF COLORADO LONG TERM ROAD MAINTENANCE AGREEMENT FOR THE LAFARGE COTTONWOOD OPERATION THIS AGREEMENT, made and entered into thisX day of by and between the County of Weld, State of Colorado, hereinafter called County" and La arge West, Inc., hereinafter called "Lafarge," WHEREAS, the Weld County Board of Commissioners approved Docket No. 2001-62 amending USR# 488 (Cottonwood Operation) on October 17, 2001, and WHEREAS, under the resolution approving the above referenced Docket No. Lafarge shall submit and receive approval for a"Long Term Road Maintenance Agreement" consistent the memorandum from the Weld County Department of Public Works, dated October 16, 2001. WHEREAS, the Weld County roads considered in this agreement are haul routes (The Haul Routes) that were previously approved by Weld County and are as follows: Weld County Road (WCR) 7 between Colorado State Highways 119 and 52 and WCR 20.5 between WCR 7 and WCR 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County, and Lafarge mutually agree as follows: 1. The intersection at WCR 20.5 and WCR 1 and the intersection at WCR 20.5 and WCR 7 will be improved to accommodate combination truck turning movements that allow trucks to stay within their lanes. Lafarge shall share in the cost of said road improvements. The cost share shall be proportional to the truck traffic generated at the intersection referenced above by Lafarge's "Cottonwood" operation as approved through USR# 488 to the existing baseline truck traffic through the intersections described above. The County shall be responsible for the design and construction of said road improvements 2. During the term of the Cottonwood Operation, Lafarge shall share in the cost of installing traffic signals at the intersection of WCR 20.5 and WCR 1 if and when said installation is completed. The cost share shall be proportional to the traffic generated by Lafarge's "Cottonwood" operation as approved through USR# 488 to the baseline traffic volumes at the time said installation is completed. 3. During the term of the Cottonwood Operation, Lafarge shall share in the cost of installing traffic signals and turn lanes at the intersection of SH 52 and WCR 7 if and when said improvements are completed. The cost share shall be proportional to the traffic generated at the intersection referenced above by Lafarge's "Cottonwood" operation as approved through USR# 488 to the baseline traffic volumes at the intersection at the time the installation of said turn lanes and traffic signals is completed. 111111111111 1111111 11111 11111 III 1111111 III 3044136 03/24/2003 11:OOA Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder cwood_rd maint_agree_thl page 1 of 4 -,Z o3-0, 5o 4. Following the execution of this agreement Weld County and Lafarge shall evaluate the overall condition of the Haul Routes in order to determine the percentage of useful life remaining in same. 5. Lafarge agrees to share in the cost to patch those sections of the Haul Routes directly related to trucks hauling to and from Lafarge's "Cottonwood" operation as determined by the Weld County Public Works Department and Lafarge. 6. At any time in the future, when damage to those sections of the Haul Routes has increased beyond the point that patching can reasonably restore the road, Lafarge will cooperate with Weld County in the reconstruction of said sections. 7. When reconstruction is required, the details of such reconstruction shall be determined by sampling and testing of the existing road by the Weld County Public Works Department. 8. When both parties determine that reconstruction is required, Lafarge shall share the costs of said reconstruction. The cost share shall be proportional to the traffic generated by Lafarge's Cottonwood operation to the baseline traffic volumes at the time of said reconstruction and the overall condition of the road sections as determined by the County and Lafarge under paragraph four(4) of this agreement. 9. Lafarge, at their expense, shall improve the access to the Cottonwood site, which will include acceleration and turning lanes and radii to accommodate truck traffic. The lane requirements will be determined by the State Highway Access Code criteria. Plans of the improvements detailing the construction shall be provided by the applicant and approved by the Weld County Department of Public Works. 10. 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 of FORCE MAJEURE. 11. 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. 12 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. 13. Should Lafarge sell its operation, permanently cease operations at the Cottonwood site, file bankruptcy, or in any way release ownership and responsibility of the permitted property, except as described herein, this Agreement as set forth herein, shall be terminated. If the aforementioned release should occur, Lafarge shall give a minimum notice of ninety(90) days to the County before the date of termination. If the page 2 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 3044136 03/24/2003 11.00A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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-488 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 USR -488. This Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors (including successors as a result of a merger), and assigns of the parties. 14. 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. 15. 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. 16. 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. 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) P.O. Box 758 Greeley, CO 80632 Lafarge West, Inc. Front Range Aggregates Division 1400 West 64`h Ave. P.O. Box 21588 Denver, CO 80221 Attn: Land Manager 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. page 3 1111111111111111111111111111111111111111111111111111111 3044136 03/24/2003 11:00A Weld County, CO 3 of 4 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 seal the date and year first written above. ATTEST: LAFARGE W ST INC. adge � B ELM �'I- BOARD OF COUNTY COMMISSIONERS ATTEST: „4/ A 4, WELD COUNTY, COLORADO Weld County Clerk to B' s#y 1861 O Lkr2.� B : By j cr C4`% /I Deputy Clerk to the David E. Long, air (./.Q c(an, ) 1 111111 11111 1111111 11111 11111 3044136 03/24/2003 11:OOA Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder page 4 of 4 _200.3-(3' ii) MEMORANDUM t:1- TO: Clerk to the Board DATE: February 20, 2003 ' FROM: Frank B. Hempen, Jr. P.E.P , Director of Public Works/County Engineer CSUBJECT: Agenda Item • COLORADO Please submit the enclosed Agreement for the Chair's signature: Long Term Road Maintenance Agreement for haul routes on WCR 7 and WCR 20.5 with Lafarge West, Inc. Enclosed are two duplicate original contracts. Once executed,please promptly return one original to the Public Works Department. The appropriate documentation is attached. Enclosures pc: Drew Scheltinga, Engineering Division Manager T M:\WPFILES\Francie\SIGNATURE.wpd -- 2003-0550 riE HART ENVIRONMENTAL A Member of the Aggregate Environmental Resource Group, LLC.• Michael J.Hart & Associates February 18, 2003 RECEIVED Mr. Drew L. Scheltinga Engineering Division Manager FEB 2 0 2003 Weld County Public Works Department WELD COUNTY P.O. Box 758 PJ3'20 l 'Op:cs DEPT Greeley, CO 80632-0758 Re: USR 488 —Cottonwood Road Maintenance Agreement Dear Drew: Enclosed with this letter please find two original copies of the above referenced agreement signed on behalf of Lafarge West. Inc.(Lafarge). After the agreement is executed by the Weld County Board of Commissioners please return one of the original copies to me. If you have any questions regarding the enclosed, please don't hesitate to call me. Sincerely, Michael J. (Mike) Hart End. cc: Howard Harlan Sherri Lockman(w/o end.) 2255 Meadow Avenue PO.Box 1303 Boulder, CO 80306 Phone, 303.444.6602 Fax:303.402.9049 Wetlands Banking Environmental Management Land Use Planning Reclamation Design Permitting&Zoning Hello