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Home My WebLink About20031701.tiff RESOLUTION RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD COUNTY ROAD 8 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 8 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 8 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 June, A.D., 2003. BOARD OF COUNTY COMMISSIONERS W COUNTY COLORADO ATTEST: getli s,"� D vi E. Lo , Chair Weld County Clerk to =.- •" Wurc Robert D. sden, Pro-Tem BY: Deputy Clerk to the �N°Qj� M. J. Geile APP D AS T7 r y Attarnq Date of signature: /0 2003-1701 EG0047 006 COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT,made and entered into this , day of U Lit, 2003,by and between the COUNTY of WELD, STATE OF COLORADO,hereinafter called"County"and AGGREGATE INDUSTRIES-WCR,INC. (USR-1243—Lewis Farm Sand and Gravel Mine),hereinafter called"Operator". WHEREAS,the Operator has acquired land use permits from the County for gravel mining and plant operations on 160 acres located in the Southeast'''A of Section 13,Township 1 North,Range 67 West of the 6th P.M.,Weld County,Colorado;and WHEREAS,the gravel pits generate an increase in heavy traffic;and, WHEREAS,the existing County roads that serve the gravel pits 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 gravel pits. NOW,THEREFORE,in consideration of the mutual covenants and conditions hereinafter set forth, County and Operator mutually agree as follows: 1. The county road which serves said gravel pits is Weld County Road 8 between U. S. Highway 85 and the main pit entrance,which is hereby established as the haul route. All truck traffic shall use only the haul route. 2. The Operator shall upgrade and pave the haul route between the end of the existing asphalt and the main pit entrance,a distance of approximately 2,640 feet,within six months after its first shipment of gravel that has been mined from the site. The paving shall consist of four inches of hot bituminous asphalt,24 feet wide with 8" Class 6 aggregate base course. A four-foot aggregate shoulder shall be constructed. An additional two-inch overlay of hot bituminous pavement shall be placed over the remaining portion of WCR 8 east to U.S. Highway 85 to reinforce this section of haul road.The large river bridge deck areas shall not receive additional asphalt. Operator shall apply dust suppression chemicals on the said road,as needed,as determined by the Public Works Department no less than twice a year until the paving project is commenced. a. The County shall be responsible for general maintenance including grading and snow removal. b. The Operator shall prep and grade said road prior to applying dust suppression chemicals. c. Prior to constructing the improvements,County will conduct a traffic count on WCR 8 and Page 1 of 4 1111111 VIII IIII 111111 1111111 III 1111111111 11111 IIII IIII 3084006 07/16/2003 11:59A Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder O2OO3-. /7U1 Weld County/Aggregate Industries-WCR,Inc. USR 1243-Road Maintenance and Improvements Agreement cost sharing proportions shall be determined by truck background traffic volumes proportionate to site generated truck traffic volumes. Upon completion of the work, Operator will make a fmal accounting of all costs and the County shall pay its proportionate share of that amount. d. The County will provide testing and inspection for the construction. e. Three cost estimates shall be obtained by Operator from local paving contractors for Lewis Farms USR-1243 project and submitted to the Weld County Public Works Department. f Operator shall provide construction plans for WCR 8 to be approved by the Weld County Director of Public Works or his designee. g. Operator shall provide notice with estimated project cost to County by June P prior to the County's next fiscal (calendar) year in which Operator expects to construct the improvements. Operator acknowledges that failure to provide County such notice will delay payment of County's proportionate share to Operator until the next calendar year following construction. h. 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 Uniform Manual on Traffic Control Devices. 3. It is the intent of the parties to this Agreement that Operator shall bear the cost of maintenance and associated improvements to the Road required by its hauling activities. Therefore, any repairs and maintenance following the initial improvements as set forth in Item 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 road and develop a plan for maintenance and improvements,with the County to have the fmal decision as to what maintenance and improvements are required. b. Such maintenance work shall be performed by the Operator and the cost shared in accordance with Item 2c above. 4. 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 Road and using the Road 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 Road shall be apportioned among and paid by all Operators. Page 2 of 4 1111111 11111 11111111111111111 III ENE III III IIII IIII 3084006 07/16/2003 11:59A Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Weld County/Aggregate Industries-WCR,Inc. USR 1243-Road Maintenance and Improvements Agreement 5. 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. 6. Indemnification: To the extent authorized by law,Operator 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 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. 7. 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. 8. 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. 9. 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. 10. Should the Operator sell its operation,cease operating,file banlwptcy,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 8 above. If the aforementioned release as set forth in Paragraph 7 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-1243 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-1243. 11. 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 Page 3 of 4 1 111111 11111 1111 111111 1111111 III 1111111 111 1111 Hill 3084006 07/16/2003 11:59A Weld County, CO 3 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Weld County/Aggregate Industries-WCR,Inc. USR 1243-Road Maintenance and Improvements Agreement 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. 12. 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 Aggregate Industries-WCR,Inc. 3605 South Teller Street Lakewood,CO 80235 13. 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. , fjoQJt' BY: t C, "- e (.„CJ ATTEST: BOARD OF COUNTY COMMISSIONERS ��N ,-1,'\` �ba WELD COUNTY,COLORADO Weld County Clerk to the :`; d �i • 01 1861 Z�^44//4211 �1V:: 444.1 By: ?r' bet rev�A,R+�� By: G� Deputy Clerk to the Board S A David E. Long, Chair ( / /7m3) Page 4 of 4 1111111 IlIll IlIl 111111 1111111 1111111 Ili 11111 I'll 3084006 07/16/2003 11:59A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder „goo 3- / 70/ rt.—tst (7‘; MEMORANDUM CTO: Clerk to the Board DATE: June 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 Improvement Agreement (USR-1243, Lewis Farm) Sand and Gravel, WCR 8. The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works M:AFRANCIEVAGENDA-3.DOC �.(?cyq 02003-1701 Hello