The URL can be used to link to this page

Browse Search

Home My WebLink About20011556 RESOLUTION RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - LAMBLAND, INC., DBA Al ORGANICS 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 Lambland, Inc., dba Al Organics, 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 Lambland, Inc., dba Al Organics 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 11th day of June, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CTY, COLORADO ATTEST: a �i1;b1+�L !iFhafr Weld County Clerk to th =o. `r, =' EXCUSED r 186 ( =i i4, Glenn Vaad, Pro-Tem BY: • ,1<� ,,_,� %:eii‘• Deputy Clerk to the� ., I4', ��' f✓��- P Willi Jerke APPRO D AS ORM: J w E. Lo g 1\0, '')/ ounty Attorn$ Robert D. Masden 2001-1556 EG0041 Pc'. PW 1 Jt LrtQ, c hn-c.. MEMORANDUM TO. Clerk to the Board DATE: May 23, 2001 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's June 11, 2001, agenda: Long-Term Road Maintenance and Improvements Agreement with Lambland, Inc. D.B.A A-IOrganics (USR-1285) The appropriate documentation is attached. _r, Enclosures 2001-1556 r COUNTY OF WELD, STATE OF COLORADO 963 LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this /1 day of , 2001, by and between the County of Weld, State of Colorado,hereinafter called"County"and Lambland, Inc.,D.B.A.Al Organics (USR-1285), hereinafter called "Al Organics". WHEREAS,Al Organics and the other operators have acquired land use permits from the County for a composting facility operation on 200 acres located in a portion of Section 36, Township 3 North, Range 64 West of the 6th p.m. and WHEREAS, the composting facility generates an increase in heavy traffic, and WHEREAS, the existing County roads that serve the composting facility will require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS, County and Al Organics have reviewed maintenance and improvements proposals put forth by Al Organics, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said composting facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, County and Al Organics mutually agree as follows: 1. Al Organics will provide for the duration of any material haulage from its Keenesburg operation (permitted as USR-1285, with the legal description of a portion of Section 36, Township 3 North, Range 64 West, 6t P.M. Weld County, Colorado): A. The County roads considered in this Agreement are haul routes that were established by land uses permits previously granted by the County and are as follow: The Weld County portion of WCR 59, extending from WCR 18 north for approximately 2.5 miles to a point where the road is no longer County maintained. 2. Prior to the start of this composting facility, Weld County and Al Organics will inspect the roads covered under this Agreement to insure that the operator will not be responsible for damage previously incurred. 3. 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. 1 111111111111111111111111111111111111 HE I I I 11111 2859303 06/21/2001 12:46P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO 4. All construction and material controls for a project will be in accordance with the current Standard Specification 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. 5. The County will provide testing and inspection for the construction. 6. Al Organics agrees to excavate,repair or patch any damage on said road that has been created by heavy truck hauling from Al Organics composting facility, then overlay the entire county stretch of roadway with three (3) inches of asphalt. A. Al Organics will provide the County with an annual report detailing the average number of truckloads accessing the site(USR-1285)per day and the total for the year. One truckload is defined as a round trip access by one heavy haul truck carrying material or product to or from the facility. The road improvement agreement is based on an average daily truck traffic load of 23 trips per day. When the total number of truckloads reaches 25,500,Al Organics will overlay the entire County stretch covered by this agreement (approximately 2.5 miles) with (3) inches of asphalt. The overlay will be completed within a time frame agreed to by the County and Al, based on the time of year and variable conditions that may exist when the 25,500 truckload trip level has been reached. 7. At any time in the future, when road damage has increased beyond the point that repair or patching can reasonably restore the road, Al Organics will cooperate with County in the reconstruction of those parts of said road. 8. When reconstruction is required, Al Organics 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. County will provide the traffic volumes. 9. 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. 10. 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 not to be reasonably withheld, conditioned, or delayed. 2 1111111111111111111 I1111111111111111111111111111III 1111 2859303 06/21/2001 12:46P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 11. 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. 12. Should Al Organics 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. If the aforementioned release should occur, Al Organics 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-1285 shall not be waived by the terms of this paragraph and the failure to have a maintenance agreement in effect maybe grounds to revoke USR-1285. 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,Al Organics 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 Al Organics 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 Al Organics (Lambland Inc.) (County) 16350 WCR 76 P.O. Box 758 Eaton, CO 80615 Greeley, CO 80632 1111111 11111 1111111 111 11111 11111 1111111 111 111111 1111 IIII 2859303 R 0.002001 D 0.002:46P JA Suki sukamoto Weld County CO 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 seals the date and year first written above. ' ATTEST: Al ORGANICS = ;?eP� r *- c �ti By: CA4e/6S QJ. 456 1.1 gip PE 7' ATTEST: /7 4/) / I!``� IE it, BOARD OF COUNTY COMMISSIONERS 61 � e /ii # - . ` WELD COUNTY, COLORADO t 1861 f t S iate Weld County Clerk to the 1 o. , %,', � By: /of`ir 06<.///. S.ko®� j��`�' , By: lj%v Deputy Clerk to the Bo.A. . J. Geile, Chair (06/11/2001) m:\wptiles\agreemn Broad-i mprov\A-I ORGANICS.AGR.wpd 1111%111111111111 III 11111 111101 III HIE Ill 2859303 0612112001 12:OP JASukilistlkam 4 of 4 R 0.00 D 0.00 Weld County CO 4 04/05/2001 13:47 9704543492 Al ORGANICS PAGE 02 Al Organics Al Organics 8569 Hwy A4 Golden,GO 90409 Phone 309-884-9282 FAX: 303394-9259 email: haYos!®efrinnycorp.com Memor To: Don Carroll From: Bob Yost cc: Drew Scheltinga, Chuck Wilson, Tom Wilson Date: Thursday,April 5,2001 Subject: Agreement Meeting Notes/Comments Hi Don,here are our thoughts and or understandings from our meeting this morning with you and Drew. Thanks for working with us on the agreement, • We agreed that the daily truck load count is based on the average number of trips per day. • We agreed that a trip was defined as a round trip access by one truck. • We agreed that the overlay would be triggered when the total number of truck trips equals 25,500. • We agreed to maintain road damage as outlined in the current agreement. • We agreed that the County would provide for routine scheduled or normal maintenance as it is currently doing. M y suggested wording for#6A would be something like this: Al Organics will provide the County with an annual report detailing the average number of truckloads accessing the site per day and the total for the year. One truckload is defined as a round trip access by one heavy haul truck carrying material or product to or from the facility. The road improvement agreement is based on an average daily truck traffic load of 23 trips per day. When the total number of truckloads reaches 25,500,Al Organics will overlay the entire County stretch covered by this agreement (approximately 2.5 miles)with(3)inches of asphalt. The overlay will be completed within a time frame agreed to by the County and Al,based on the time of year and variable conditions that may exist when the 25,500 truckload trip level has been reached. As I said,this is my suggestion,let me know what you think. You can reach me on my cell phone at 303-210-140l,or contact our Eaton office at 970-454-3492. 1 1141E/2000 11: 30 9704543232 Al ORGANICS PAGE 02 • Al Organics Al Omits 6568 BS FAX: 3.3849 592 Golden,H COg B0d09 FAX: 303.364-9259 emal bsyoat®aR7Wtycorp.com Memorandum To: Don Carroll From: Bob Yost cc: Date: Thursday,November 16,2000 Subject: Trc(ffic Data The following summary indicates the number,type,and weight of trucks(dump trucks and end dumps,not pick up trucks)that we anticipate will access the Rattler Ridge facility based on the traffic we see at our Lost Antlers facility in Golden. The average per day is based on a full year(365 days). I projected that we would receive 75% of Lost Antlers volume the 1st year,90% the 2nd year, and 100 % by the Srd. If you have any questions please call me on my cell phone at 303-210-1401. I- cri m a 0 ,-+ I-. to a a -J 0 A a A al N co N p Projected Truck's,Ton's per Truck,and Total Ton's from Trucks for Rattlers Ridge I i 44AX 4F7AT s24,f, Use Per Year Compered to Lost Angers LA annual tidal 75% 90% 100% 100% 100 LA yew Avg/day yea As9'day wax Avgiday yaw Anyclay van Agday I.Tatald SOTrwks 11911116;11911116;11911116; 0 8,2861 17 7,5461 21 8,316van23 8,385 23 6,385 23 .lTwalEad Mime 4ECes) •term• 5,660 6.792 7,546 7,546 7,516 Dunbar olheavy ED's C 2,2p4 5, 3,962 4,754 5,282 5,212 5,282 :'Number ofwocd Ws - I,668 2,0.37 2264 2,261 2.281 iIGroae Tonshauled on Boas EDs i 21-1W Ions 91,120 tons 109,344 tons 121,194 tone - 121,464 tons 421,194 tons . Gross Tons haled on rood EU's 27,166 tons 20375 Ions 21,450 tons 27,168 Ion 9,106 Ions 27,166 Ions -Total Gloss Tons landed en AI EUb 141680 to_1s% 111,495 Ions 135,791 Ins 146,680 tons 148,660 Ions 146,660 tons I' D 9Awrage Tons per Land on E0's 20 tons Ions tans tons twos tons r. Taal VUIIV Trucks *Ms.r BID 755 836 83B 8313 I1 Avg.tons hg4 S 9111-441111, 12 tons Ion Eons tom loin torn j al.'Grog Tons hailed on dumps 19;ifBf;tone 7,518 Ion 9,055 Ions 10,062 Iota 10,062 ewe 16.062 Ton i Z li a H coal Tons Hauled by Truck' 2'77aL 1566721hom--, 119,011 ions 142,MB Ions _158,721.Ions- 158,721 two 156,721 ton N 'U D L1 in a W Hello