HomeMy WebLinkAbout931303.tiff AR236$594
RESOLUTION
RE: APPROVE ROAD IMPROVEMENT AND MAINTENANCE AGREEMENT WITH WASTE SERVICES
COMPANY AND AUTHORIZE CHAIRMAN TO SIGN
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, by Resolution dated October 14, 1992, the Board did approve a
Special Review Permit for a solid waste disposal site and facility for Waste
Services located on property described as Part of Sections 2 and 3, Township 2
North, Range 64 West and part of Sections 26, 27, 34, and 35, Township 3 North,
Range 64 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Condition of Approval #3b of said resolution required a Road
Improvement and Maintenance Agreement for Weld County Roads 18 and 59 be
submitted to the Board, and
WHEREAS, the Board has been presented with a Road Improvement and
Maintenance Agreement for Weld County Roads 18 and 59 between Waste Services
Company and Weld County, Colorado, 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 Improvement and Maintenance Agreement for Weld
County Roads 18 and 59 between Waste Services Company and Weld County, Colorado,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
B 1421 REC 02368594 01/11/94 11 :10 $0 . 00 1/005
F 1988 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
931303
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT - WASTE SERVICES COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the €,ollowing vote on the 22nd day of December, A.D. , 1993.
Lek, '1
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld Countq,Clekk to the Board EXCUSED DATE OF SIGNING (AYE)
-� - p Constancee L.<Ha�rJbert, Chairman
BY: '1.Q�� ' LL174 QCl,_. �, / { (') ?�(f f ,
Deputy Ierk to the Board W. H ) ebster, Pr Tem
APPROVED AS TO FORM: f . r .„- e:
eorge . Baxt r
/ `
oun y Attorne e K. Hall /
Barbara J. Kirkm yer
B 1421 REC 02368594 01/11/94 11 :10 $0 . 00 2/005 931303
F 1989 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
ROAD IMPROVEMENT AND MAINTENANCE
AGREEMENT
This Road Improvement and Maintenance Agreement is by and between the Board of County
Commissioners of Weld County, Colorado ("Board") and Waste Services Company ("Waste
Services").
RECITALS
A) By resolution adopted by the Board on October 14, 1992 (the "Resolution"), a Site
Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site
and Facility was approved for Waste Services with respect to a site located in an
(Agricultural) Zone District on the following described real estate to wit:
Part of Sections 2 & 3, Township 2 North, Range 64 West and part of Sections
26, 27, 34 and 35 Township 3 North, Range 64 West of the 6th P.M., Weld
County, Colorado.
B) This was conditional upon Waste Services satisfying certain requirements. Pursuant to
Condition of Approval#3 (b), Waste Services is required to submit a Road Improvement
and Maintenance Agreement for Weld County Roads 59 and 18. The Agreement is
contained herein.
NOW, THEREFORE, in satisfaction of Condition of Approval #3 (b) of the Resolution,
it is agreed by and between the parties as follows:
1) Construction of Improvements: Waste Services shall, at it's sole cost and
expense, construct or cause to be constructed improvements to Weld County
Roads 59 and 18. The improvements shall be made from a point identified on the
attached Exhibit "A" as Beginning Project Station on Weld County 18, to a point
identified as End of Project Station on Weld County 59 a distance of
approximately 2.5 miles (the "Roadway"). The improvements shall consist of
repairing any distressed areas and overlay the entire stretch of Roadway with two
inches of asphalt. The improvements shall be performed in accordance with the
recommendations of Empire Laboratories, Inc. in a report dated June 29, 1993.
These recommendations have been approved by the Weld County Engineering
Department (see attached Exhibit A.)
2) Timing of Improvements. The improvements will be performed between twelve
and eighteen months after the Solid Waste Disposal Site and Facility has first
accepted solid waste.
B 1421 REC 02368594 01/11/94 11 : 10 $0 . 00 3/005
F 1990 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
931303
Pto8$i
3) Maintenance. Upon completion of the improvements described in Paragraph 1
above, and acceptance of the improvements as being completed in accordance
with the recommendations of Empire Laboratories by the Weld County
Department of Engineering, Weld County shall assume full responsibility of the
maintenance of all improved and unimproved portions of Weld County Roads 18
and 59. Nothing herein shall be construed to relieve Waste Services or any third-
party from normal liability to Weld County for the cost of damages to Weld
County Roads 18 and 59 that may be caused by the negligence or unlawful acts
of Waste Services or a third-party.
4) Security. Prior to commencement of construction of the Solid Waste Disposal
Site and Facility, Waste Services shall provide to Weld County security in the
form of a performance bond, letter of credit or other financial mechanism
conforming with County policy on collateral for improvements to roads or
0 o highways. The amount of such security shall be 100% of the estimated cost of
$ 187,000.00
-
5) No Waiver. No portion of this Agreement shall be deemed to constitute a waiver
of any immunities the parties or their officers or employees may possess, nor
0 3 shall any portion of this Agreement be deemed to have created a duty of care or
o a rights as third-party beneficiaries with respect to any persons or entities not a
'Pr A party to this Agreement.
a
0
6) Binding Effect. All covenants and agreements contained in this Agreement by or
o a on behalf of the parties hereto will bind and inure to the benefit of the respective
successors and assigns of the parties hereto whether so expressed or not.
e-,
IN WITNESS WHEREOF, W ste Services and the Board have executed this Agreement
rn u effective this 4,2"°t day ofk..f t.m-btn1, 1993.
z
o CO ATTEST:
BOARD OF COUNTY COMMISSIONERS
w OF WELD COUNTY COLORADO
LC) [v,
CO
en Z
N a' B : r Sty.'
Y
w
z Clerk to.the loard Chairman /:2 a 7/93
a •
r� r-I N 01
'41 CIN
S1/2By: U
m Deputy •
WAS
By: i'l�Ii'✓l�Ww
Title: Vice Pr ident, Waste Management
of Colorado, Inc. - Part9C13f3
EXHIBIT "A"
EAST WELD SANITARY LANDFILL
ESTIMATED IMPROVEMENT COSTS FOR COUNTY ROADS 59 AND 18
Assumptions: * Length for both roads is about 2 . 5 miles
* Roadway width is 24 feet
* Overlay thickness is 2 inches
* Asphalt density is 111 lbs/s.y/inch
* Asphalt cost is $30/ton in-place
Roadway area = 2 . 5 x 5280 x 24 / 9 = 35, 200 s.y.
Asphalt tonnage required = 35, 200 x 111 x 2 in. / 2000
= 3 ,900 tons
ESTIMATED COSTS
* 2" Overlay Cost (3 ,900 x 30) $117 , 000
* Add 35% for reconstruction $ 41, 000
* Gravel Shoulders $ 26, 000
* Striping $ 3 , 000
TOTAL $187 , 000
B ] 421 REC 02368594 01/11/94 11 : 10 $0 .00 5/005
F 1992 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
94.1303
‘ektvii mEmoRAnDum
WilkTo Lee Morrison. Asst. County Att December 15 1993
COLORADO From Drew Scheltinga, Engineering
scmom Waste Services Company USR-966
I have reviewed all the information provided by Waste Services , including the
site access study prepared by Matthew J. Delich and the pavement deflection
testing performed by Empire Laboratories, Inc.
Waste Services' proposal to operate for between twelve and eighteen months,
repair distressed areas and overlay the entire roadway with two inches of
asphalt is an adequate construction plan to serve the site. The estimated cost
of $187 ,000.00 is reasonable for the proposed construction.
DS/pds:mlee
cc: Commissioner Baxter
Chuck Cunliffe, Director of Planning
File USR-966
9x 1^me)
iQl% Waste Management, Inc.-West �` S f [,7lln/
11� Rocky Mountain Region H 7 v� ,;,, y7jl�r fir n,
2400 West Union Street ! /
Englewood, Colorado 80110 , l, JAN41y��
303/797-2400 '
t' -- r_;
ii ELD COUNTY
ATTORNEY'S OFFICE
January 3, 1994
Mr. Lee D. Morrison
Assistant Weld County Attorney
Office of the County Attorney
915 Tenth Street
Greeley, Colorado 80631
Re: Road Improvement and Maintenance Agreement
Dear Lee:
Enclosed please find one fully executed original of the Road Improvement and Maintenance
Agreement meeting the requirements of Condition of Approval #3 (b) of the October 14, 1992
Board Resolution.
Thank you for your assistance in finalizing this Agreement.
Very truly yours,
William A. Jeffry
Senior Counsel
WAJ:jw
9213P 3 ,
Hello