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Home My WebLink About20031969 RESOLUTION RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD COUNTY ROAD 396 AND AUTHORIZE CHAIR TO SIGN -AGGREGATE INDUSTRIES - WCR, 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 Road Maintenance and Improvements Agreement for Weld County Road 396 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 Aggregate Industries - WCR, Inc., commencing upon full execution of said contract, 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 Road Maintenance and Improvements Agreement for Weld County Road 396 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 Aggregate Industries - WCR, 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 30th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS � 4��, COUNTY COLORADO ATTEST: MMU� `"' 041 David E. Long, Chair my Clerk to the Board 1E EXCUSED � �`� / Robert D. sden, Pro-Tem 1861 ( '' . , e tot e Board Pi 0(:6-d :smjer&— a,. eile • . d .unty Attorn-y f..l.U' U Glenn Vaad Date of signature: R'-f'-173 2003-1969 pu1 fi rJccH) EO0047 COUNTY OF WELD,STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT 559 THIS AGREEMENT,made and entered into this 30th day of July , 2003, by and between the COUNTY of WELD, STATE OF COLORADO,hereinafter called"County"and AGGREGATE INDUSTRIES-WCR, INC. (USR-1354—Milliken Resource),hereinafter called"Operator". WHEREAS, the Operator has acquired a land use permit from the County for mineral resource development facilities for open pit mining and materials processing,including a concrete and asphalt batch plant on approximately 493 acres located in parts of Sections 4, 5 and 8, Township 4 North, Range 66 West of the 6th P.M., Weld County,Colorado; and WHEREAS,the facilities generate an increase in heavy traffic; and, WHEREAS,the existing County roads that serve the facilities will require increased maintenance and improvement due to the increase in heavy truck traffic; and, WHEREAS,County and Operator have reviewed maintenance and improvements proposals put forth by Operator,and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said facilities. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, County and Operator mutually agree as follows: 1. The county roads which serve said facilities are Weld County Road 396 from the pit entrance/scale house west to Two Rivers Parkway (WCR 27.5) and Two Rivers Parkway (*haul route*). Approximately 65%of truck traffic will travel south on Two Rivers Parkway and approximately 35%of truck traffic will travel north on Two Rivers Parkway. 2. Within six months after its first shipment of gravel that has been mined from the site,Operator shall upgrade and pave WCR 396 from the pit entrance west to Two Rivers Parkway(WCR 27.5)and shall construct intersection improvements at Two Rivets Parkway(WCR 27.5)and Weld County Road 396 in accordance with construction plans submitted by Operator and approved by the Weld County Public Works Department as of October 8, 2002. Additionally, Operator shall pave the approach to the scale house/parking area for customers and visitors parking spaces. Operator shall apply dust suppression chemicals from the pit entrance/scale house west on WCR 396 to Two Rivers Parkway (WCR 27.5) no less than twice a year, or as needed as determined by the Public Works Department, until the paving project is commenced. The Operator shall prep and grade said road prior to Operator applying dust suppression chemicals. 3. The County shall be responsible for general maintenance of Weld County Road 396 and Two Rivers Parkway(WCR 27.5)including grading and snow removal. 4. Except as provided in Paragraph 3, it is the intent of the parties to this Agreement that Page 1 of 4 1111111 VIII III' 1111111 DIME MUM BE IM IIII 3096559 08/18/2003 12:09P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder oar p3-- /9e y Weld County/Aggregate Industries-WCR, Inc. USR 1354-Road Maintenance and Improvements Agreement Operator shall bear the cost of maintenance and associated improvements to Weld County Road 396 from the pit entrance west to Two Rivers Parkway(WCR 27.5)and Two Rivers Parkway(WCR 27.5)required by Operator's hauling activities. Therefore, any repairs and maintenance following the initial improvements as set forth in Paragraph 2 above shall be addressed as follows: a. Upon notification by the County,the County shall inspect and conduct with Operator a field visit of the roads and develop a plan for maintenance and improvements,with the County to have the final decision as to what maintenance and improvements are required. b. Such maintenance work and improvements associated with Weld County Road 396 and Two Rivers Parkway (WCR 27.5) shall be performed by the Operator and the cost shared as follows: Prior to conducting maintenance or constructing the improvements required as set forth in 4.a., County will conduct a traffic count on Two Rivers Parkway(WCR 27.5) and Weld County Road 396 and cost sharing proportions shall be determined by truck background traffic volumes proportionate to site generated truck traffic volumes. Upon completion of the work, County will make a final accounting of all costs and the Operator shall pay its proportionate share of that amount. 5. The County shall,to the best of its ability,require all sand and gravel operators and other commercial and industrial haulers having facilities along or in the vicinity of the Roads and using the Roads on a regular basis to participate as additional parties to this Agreement or in a Road Maintenance and Improvements Agreement similar to this Agreement,with such Agreement to provide that the cost of maintaining the Roads shall be apportioned among and paid by all Operators. 6. The County will provide testing and inspection for a project. 7. All construction and materials 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. 8. No Third Party Beneficiary Enforcement: 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, Operator agrees to indemnify, save and Page 2 of 4 111111111111111111111111111111111111111 I I 111111 l I I I I I I I 3096559 08/18/2003 12:09P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Weld County/Aggregate Industries-WCR, Inc. USR 1354-Road Maintenance and Improvements Agreement 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 Operator 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 attorneys fees and court costs incurred in connection with the resolution of such dispute. 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 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 the Operator 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, unless assigned as provided in Paragraph 11 above. If the aforementioned release as set forth in Paragraph 10 above should occur,the Operator 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-1354 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-1354. 14. 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. 15. 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) Aggregate Industries-WCR, Inc. P.O. Box 758 3605 South Teller Street Greeley,CO 80632 Lakewood,CO 80235 Page 3 of 4 1 11111111111 IIII 1111111 III 1111111111111 III 11111 IIII IIII 3096559 08/18/2003 12:09P Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Weld County/Aggregate Industries-WCR, Inc. USR 1354-Road Maintenance and Improvements Agreement 16. 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 or refusal of delivery of said notice. IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first- above written. ATTEST: AGGREGATE INDUSTRIES-WCR,INC. QQ 3(7i iCJ By: I C A� MAtilt BOARD OF COUNTY COMMISSIONERS 1L \ WELD COUNTY, COLORADO se the Board 1861 If of iit$ovityo -;s o the Board 1 David E. Long,Chair 07/30/2003 1111111111111111 1111111 I I 1111111111 1111 I I 1111111 111111 I 3096559 08/18/2003 12:09P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 4 of 4 xD03 - /7 c1\1: 6141P--- MEMORANDUM CTO: Clerk to the Board DATE: July 24, 2003 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Agenda Please submit the enclosed items for the Board's next agenda: Road Maintenance and Improvements Agreement with Aggregate Industries (USR-1354, Milliken Resource) The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works M:\FRANCIE\AGEN DA-DonC Hello