HomeMy WebLinkAbout811010.tiff mmoRAnD m�
Board of
To County Commissioners Date DecPmhPr 22, 1981
COLORADO From Lee D. Morrison, Assistant County Attorney
Subject: Amended Road Improvement Agreement for construction
of portion of County Road 39/
Following this Board' s approval of the previously submitted
agreement, two of the parties, Monson Brothers and Moro Farms
said that certain provisions of the agreement were not suitable.
Therefore, there have been changes in the agreement which have
little or no effect on the County. The following is a summary
of- the changes:
1. Paragraph 3 is amended to have Moro and Platte
River actually sign the agreement with the
lowest responsible bidder for road construc-
tion rather than Norton, Underwood and Lamb
on their behalf.
2. Paragraph 8 (b) is amended to provide that Moro
will pay both its share and Monson' s share
based upon the agreed percentage of lineal
footage of the parties along the road. Further,
there is a limit on the amounts Platte River
and Moro will agree to pay as set forth in a
new Exhibit "C" . This does not affect the
County in that in no event shall the County be
liable for more than $10, 000 of the construc-
tion costs. Moro will have the option of
limiting its cost to $76,257 ($100, 000 - $10, 000
x . 8473) . Platte River would then have the
option of picking up the excess over $100, 000
or terminating the agreement.
I am forwarding this revised agreement to you as requested by
John Houtchens. There have not been changes which affect the
County' s interest in this matter and I would therefore recom-
mend approval,.
te D. Morrison
Assistant Weld County Attorney
LDM/lsb EliCOIf11P1 CRN311SSIONERS
enclosures CPC -71.1,
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RESOLUTION
AR1917718
RE: APPROVAL OF AMENDED ROAD IMPROVEMENT AGREEMENT FOR CONSTRUCTION
'OF A PORTION OF COUNTY ROAD 391
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
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Rule Charter, is vested with the authority of administering the
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Q affairs of Weld County, Colorado, and
e WHEREAS, a Road Improvement Agreement between Weld County
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s and Moro Farms, Inc. , Monson Bros. Co. , and Platte River Steel
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Co. , Inc. was approved by the Board of County Commissioners on
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z November 25, 1981 and,
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_! WHEREAS, the Board has been presented with an amendment to said
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z agreement changing sections3 and 8 to read.-as follows:
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o u 3. p . . . The parties hereby authorize the engineerng firm of
Norton, Underwood and Lamb to act as their representative
for the purposes of obtaining firm bids for road improvements
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pursuant to the design and specifications. Moro and Platte
River agree to sign a contract with the lowest responsible
a z bidder subject to, the provisions of paragraph 8 hereof. "
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} 8. " . . . (b) The balance of the cost shall be paid as follows:
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cc Moro - 84. 73% -. -
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Platte River - 15.27% e-
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to o Limitations on the amounts Platte River and Moro agree to
pay are specified in Exhibit "C" attached hereto and
incorporated herein.
(c) Moro and Platte River shall pay their agreed share
of the construction costs within ten '(10) days of receipt of
notice of its share from Norton, Underwood and Lamb. . . . "
WHEREAS, said amendments do not affect the County in that in
no event shall the County be liable for more than $10,000- of the
construction costs, the Board deems it- in the best interests of
Weld County to approve said amendments.
NOW, THEREFORE, BE IT RESOLVED/by-the Board--of County Commissioners
that the amended road improvement agreement between Weld County and
42,1.01 Moro Farms, Inc. , Monson Bros. Co. , and Platte River Steel Co. , Inc. ,
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attached hereto and incorporated herein, be and hereby is, approved.
BE IT FURTHER RESOLVED"by the Board that the Chairman of the
Board is hereby authorized to sign the agreement.
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Page 2
r - RE: APPROVAL OF AMENDED ROAD. IMPROVEMENT-AGREEMENT
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Ca The above and foregoing Resolution was, on motion duly made
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r 4 ` and seconded, adopted by the following vote on the 28th day of
fl December, A.D. , 1981.
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BOARD OF COUNTY COMMISSIONERS
a w WELD COUNTY, COLORADO
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Mee Ch Carlson, C airman
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Nn � Norman Carlson, Pro Tern
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o r C. W. Kirby
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1 w C J e K. Steinmark
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- p0 et ATTEST: Jl'� 4. 0 a?I)
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County Clerk and Recorder
`=' "- and Clerk to the Board
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eputy County Clerk
APPROVED AS TO FORM:
.r;~. t ttorney
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DATE PRESENTED: DECEMBER 28, 1981
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0 c ROAD IMPROVEMENT AGREEMENT
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o THIS AGREEMENT is by and between MORO FARMS, INCORPORATED,
o a Colorado corporation, herein called "Moro" , MONSON BROS . CO. ,
a Colorado corporation, herein called "Monson" , PLATTE RIVER
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STEEL CO. INC. , a Colorado corp
oration, herein called "Platte
River" , and WELD COUNTY, COLORADO; herein called "County" .
RECITALS
M � - A. There is an existing dedicated County road right of way
thirty (30) feet in width running North and South between the
, Southwest and Southeast Quarters of Section Twenty-nine (29) ,
r y Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. ,
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a z Weld County, Colorado, from Weld County Road 64 North, to the right
of way of the .Union Pacific Railroad Company. This road will be
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z known under the County numbering system as Weld County Road 39;.
a ;, B. Moro and Monson presently own all of the land on both
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cm. sides of the existing County road right of way described in
paragraph A above.
C. Platte River (through its parent company, Arkansas
Foundry Company) has obtained an option to purchase approximately
twenty (20) acres in the Southwest Quarter of said Section Twenty-
nine (29) from Moro. The option is contingent upon certain matters
contained• in the Option Agreement, including obtaining an agreement
with Moro, Monson and Weld County to widen and improve a dedicated
road from Weld County Road 64 to the right of way of the Union
Pacific Railroad Company; generally sixty (60) feet in width between
the Southwest and Southeast Quarters of said Section Twenty-nine (29) .
D. The parties desire to re-define and increase the size of
the existing public right of way as above described and to formalize
, their agreements with respect to improvement of the right of way.
NOW THEREFORE, in consideration of the mutual promises, coven-
ants and agreements herein contained, the parties agree as follows:
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1. The foregoing recitals are incorporated herein by
c o reference.
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2. The parties agree to execute such deeds or other instru-
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ments of conveyance as may be required to convey and dedicate a
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3 new County road right of way to the County sixty (60) feet in
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Q width, which right of way is more particularly described in
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o Exhibit "A" which is attached hereto and incorporated herein.
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3. Plans and specifications for construction of the road are
e attached hereto as Exhibit "B" and are incorporated herein. The
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,, d specifications provide 'for two alternative methods of construction.
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Upon execution of this agreement and approval by the County
Engineer of the plans and specifications for construction, the parties
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m shall cause the plans and specifications for the road improvements
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z to be distributed to rodd construction contractors with a request
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} for bids . The parties hereby authorize the engineering firm of
2 Norton, Underwood and Lamb to act as their representative for
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w 't purposes of obtaining firm bids for road improvements pursuant
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,4 ;_ to the design and specifications. , Moro and Platte River agree to• sign a contract with the lowest responsible bidder subject to the
provisions of paragraph 8 hereof.
4 . The road improvement construction contract awarded
pursuant to paragraph 3 above shall call, for completion of the
road improvements in 1982 as soon as weather conditions shall
permit. Norton, Underwood and Lamb are hereby designated as the
parties ' agent to supervise the construction of the road improve-
ments. ' Said construction shall be in strict conformance to the
plans and specifications approved by the County Engineer. The
costs of design and supervision shall be additional costs of
construction of the road.
5. At all times during said construction, the County shall
have the right to test and inspect or require tests and inspection
of materials and work.
6 . Upon the completion of the construction of the road
improvements according to the approved plans :and specifications,
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— 0 Norton, Underwood and Lamb shall request in writing that the County
n o Engineer inspect said road and accept it for partial maintenance
a by the County. Partial maintenance consists of all maintenance
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except for actual repair of the road, curbs and gutters and related
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road improvements. The County Engineer shall accept the road for
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L,; partial maintenance for a period of a year. Nine months after
initial acceptance, the County Engineer shall inspect the subject
w road, and notify Norton, Underwood and Lamb of any deficiencies .
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The County Engineer shall re-inspect the road after notification
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N. U.! from Norton, Underwood and Lamb that any deficiencies have been
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corrected. If the County Engineer finds that the streets are con-
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structed according to the approved plans and specifications, he
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a z shall recommend the acceptance of the road for full maintenance to
lam, } the Board of County Commissioners.
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z 7. Upon receipt of a recommendation from the County Engineer
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aro for acceptance of the road, the County shall accept said road as
public facilities and County property, and shall be responsible for
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the full maintenance of such road including repair.
8. The cost of the road improvements shall be paid by the
• parties as follows:
(a) Weld County shall pay ten percent (10%) of the total
construction costs pursuant to construction contract, not to exceed
$10, 000.
(b) The balance of the cost shall be paid as follows :
• Moro - 84.73%
Platte River - 15. 27%
Limitations on the amounts Platte River and Moro agree to pay
are specified in Exhibit "C" attached hereto and incorporated
herein.
(c) Moro and Platte River shall pay their agreed share
of the construction costs within ten (10) days of receipt of notice
of its share from Norton, Underwood and Lamb. The County shall pay
its agreed share of the construction costs within thirty (30) days of
the acceptance by the County Engineer for partial maintenance
by the County. If any party shall default in
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paying its proportionate share of the construction costs as above
0 provided when due; any non-defaulting party may pay the defaulting
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party' s share. and shall be entitled to reimbursement immediately
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upon demand. iIf a non-defaulting party pays the share of a default-
c s ing party, " the• non-defaulting party shall be entitled to a lien
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- %1 upon the lands of the defaulting party adjacent to the road and
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shall .be entitled to recover from the defaulting party the amount
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of the default plus forty percent (40%) per annum interest plus
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-its" reasonable attorneys ' fees "and Court costs incurred in the
x o collection process . , •
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9 . ' It is a condition precedent to the parties ' obligations
hereunder that Platte River close the purchase of lands along the
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road from Moro pursuant to the Option Agreement between Moro and
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;, z Platte River (Arkansas Foundry Company) dated September 30, 1981.
} In the event Platte River does not close the purchase of the land
ccZ under the Option Agreement for any reason, Moro shall pay the full
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a M cost of all engineering design and services rendered with regard.
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to the road as its sole cost and expense. No contract for .construc-
tion of the improvements shall be let until the closing of purchase
between Moro and Platte River.
10 . Moro, Monson, and Platte River shall indemnify and hold
harmless the County from any and .all suits, actions, or claims of
every nature and description caused by, rising from, or on account
' of said construction, pay any and all judgments rendered against
the County on account of any such suit, action or claim, together
"with all reasonable expenses and attorney fees incurred by County
in defending such suit, action or claim. All contractors and
other employees engaged in construction of the improvement shall
maintain adequate workmen 's compensation insurance, a public
liability insurance coverage, and shall operate in strict accord-
ante with laws and regulations of the State of Colorado governing
occupational safety and health.
11. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their successors and assigns .
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IN WITNESS WHEREOF, the parties have caused this Road
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o a Improvement Agreement to be executed the dates set opposite their
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e ` signatures below.
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Date: 2 MORO FARMS, INCORPORATED,
a Colorado Corporation
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L e i ?i7� 4/d MONSON BROS, CO . , a Colorado
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09 Z ,.;; .1,Cii„ •, .. BY 6-�s e%6 �l 17'7 J17'��4f✓7C
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Da.t4. r: :nde. /6 C/ . PLATTE RIVER STEEL CO. , INC. a
v z Colo do Corporation
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� . Attest: •
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Secretary
. C i Date: WELD COUNTY, COLORADO
By
i � ,jZn. , 'yt Chairman, Board of County
lla•U_ t, �,{ Commissioners
Attest: Clerk and Recorder,
le k to. the the Board of. County
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"'o 8/s on ers
''. ii " ut punt Clerk
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p EXHIBIT "A"
C 3 i (Attached to Road Improvement Agreement
0 :f I Betweed Moro Farms Incorporated, Monson Bros. Co. ,
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and' Platte River Steel Co. , 'Inc . )
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0 Description of Right of Way
w A 60-foot wide road right of way which includes the
' M2 existing 30-foot right of way, known under the present
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-0z Weld County numbering system as Weld County Road 39?.
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c1- The new roadway will be located in a North-South direction
,generally between the Southwest and Southeast Quarters of
w Section 29 ,6 Township 6 North, Range 65 West of the 6th
P.M. , from Weld County Road 64 North to the right of way
N• `= of the UnionlPacific Railroad Company and will be- z approxi-
mately 10 feet wider on the East side of the existing
— c County right of way, and 20 feet wider on the West side of
} the existing. County right of way.
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� z The new surveyed right of way shall be surveyed and
� approved by the Weld County Engineer prior to commencement
'of construction.
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Exhibit "A"
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EXHIBIT "B"
(Attached to Road Improvement Agreement
Between Moro Farms Incorporated, Monson Bros. , Co. ,
-� and Platte River Steel Co. , Inc. )
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w Preparation of actual plans and specifications for construction
x -I of the road have been authorized by Moro and will be submitted
to Platte River and the County prior to commencement of construction
` z for their approval.
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Plans and specifications will be prepared in accordance with
the preliminary design criteria which call for the following:
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N - (1) Two, 12-foot drivelanes
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H-. z (2) Eight inches base course and three inches asphalt
z (3) Two, 6-foot shoulders on each side constructed of
eight inches of base course
�o } (4) Necessary borrow ditch and culverts and drainage-ways
z and other structures necessary to provide adequate
ti drainage from the roadway
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rZ Actual plans and specifications will be prepared and submitted
iv for the approval of the County Engineer before commencement of
l` 1 construction and before bidding.
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EXHIBIT "B"
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EXHIBIT "C"
• (Attached to Road Improvement Agreement between
o w More Farms Incorporated, Monson Bros. , Inc. , and
Platte River Steel Co. , Inc. )
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The agreement of Platte River and Moro to pay their respective
x - percentages of the .cost. of the road are based upon estimates of •
' w\ Norton, Underwood and Lamb that the total cost of the road will
I 'ez not exceed $100,000. 00 including the cost of design, survey work,
supervision of construction and actual construction.
In the event ' the 'total cost of the road will exceed $100, 000. 00
Iz (and that will be known when contractor bids are received) Moro
may elect to limit its total commitment to $76,257. 00. ($100, 000. 00
Nz - $10, 000 x . 8473) . In such event, Moro shall given written
osz notice of such fact to Norton, Underwood and Lamb and Platte
— c River within five.(5):days.of the bid opening. Upon receipt of such
r notice, Platte River shall have the option of (a) notifying the
_; C parties of its intention to terminate this agreement or (b)
z notifying all •parties that it will pay any excess cost of the
' ia ^ road over $100, 000. 00.
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