HomeMy WebLinkAbout20013182 RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - MOBILE PREMIX CONCRETE,
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 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 Mobile Premix Concrete, 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 and Improvements Agreement
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 Mobile
Premix Concrete, 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 14th day of November, A.D., 2001.
BOARD OF "OUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: ` `I_ l`�
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Weld County Clerk to th.r' .'. . { -i
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�p tZir Glenn Vaad, ProTem
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Deputy Clerk to the Board • _ '
Will H. Jerke
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County ttor y V l��
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Robert D. Ma
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Date of signature: J
2001-3182
PL1477
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COUNTY OF WELD, STATE OF COLORADO
i 22
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT,made and entered into this 14th day of, November 2001,by and between
the County of Weld, State of Colorado, 'hereinafter called "County" and Mobile Premix Concrete, Inc.
(USR-1259), hereinafter called"Mobile Premix".
WHEREAS,Mobile Premix has acquired land use permits from the County for gravel mining and
plant operations on 237 acres located in the West %2 of Section 19, Township 1 North, Range 66 West 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
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 Mobile Premix have reviewed maintenance and improvements proposals
put forth by Mobile Premix,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 Mobile Premix mutually agree as follows:
1. Mobile Premix will provide the following for the duration of any material haulage from its
Riverbend operation (permitted as USR-1259, with the legal description of West V2 of
Section 19, Township 1 North, Range 66 West of the 6`h P.M., Weld County, Colorado):
A. The eastbound route is defined as follows: out of the Mobile Premix Riverbend
operation main entrance, east on WCR 6 to United States Highway(US) 85.
2. Mobile Premix agrees to excavate, repair or patch a proportional share of any damage on
said road that has been created by heavy truck hauling.The Weld County Director of Public
Works or his designee will determine the Mobile Premix share by dividing the volume of
the site-generated trucks by the total volume of trucks.
There will be an annual inspection in the spring of the roadways to determine actual
conditions and what work is to be performed that summer if any repairs are needed.
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3. At any time in the future,when road damage has increased beyond the point that repair or
patching can reasonably restore the road, Mobile Premix will cooperate with the County
in the reconstruction of those parts of said road.
4. When reconstruction is required, Mobile Premix shall pay a proportional share of the
cost to reconstruct. The share will be determined by dividing the volume of the site-
generated trucks by the total volume of trucks. The County will provide the traffic
volumes.
5. The County will provide testing and inspection for the construction.
6. Mobile Premix has supplied a Traffic Impact Analysis Study for the intersection of WCR
6 and US Highway 85. For any additional improvements to the intersection due to heavy
truck hauling, Mobile Premix agrees to share the cost for these improvements with the
other operators in the area.
7. Prior to the start of mining, Weld County and Mobile Premix will inspect the roads
covered under this Agreement to insure that the operator will not be responsible for
damage previously incurred.
8. 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 aparty from performing any obligation,in whole
or in part,upon a showing that performance has been rendered impracticable by reason of
FORCE MAJEURE.
9. 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.
10. 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.
11. Should Mobile Premix sell its operation, cease operating, 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,Mobile Premix 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-1259 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-1259.
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.
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12. 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.
13. 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.
14. Indemnification:To the extent authorized by law,Mobile Premix 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 Mobile Premix 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.
15. 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.
16. 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
Mobile Premix Concrete Inc.
Attn: Land Manager
P.O. Box 21588
Denver, CO 80221
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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.
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.
BOARD OF WE COUNTY COMMISSIONERS MOBILE
P7MIX CONCRETE,INC.
By: / 'h D.[.✓ By: a4(_‘,..., 7
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Name: M.J. Geile Name: -T�l -holL Ll NLLJ!
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Title: Chair (11/14/2001 ) Title: lsr&U EAL I/IMAAJAhCY
Address: Po.D. Box 9JsE1
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MEMORANDUM
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Clerk to the Board DATE: November 6, 2001
' CFROM: Frank B. Hempen, Jr.Director of Public Works/County Engineer
• SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Long-Term Road Maintenance and Improvement Agreement with
Mobile Premix (USR-1259) -
The appropriate documentation is attached. •
Enclosures
pc: Don Carroll
Jeff Jerome
M:AWPFILES\Francie\AGENDA.IRC
2001-3182
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