HomeMy WebLinkAbout990023.tiff RESOLUTION
RE: APPROVE AMENDED ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
AND AUTHORIZE CHAIR TO SIGN - COULSON EXCAVATING COMPANY, INC., %
RICHARD COULSON
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 #982282, dated November 23, 1998, a Site Specific
Development Plan and Amended Use by Special Review Permit#672 for a Sand and Gravel
Mining Operation in the A (Agricultural) Zone District, for Coulson Excavating Company, Inc., %
Richard Coulson, was approved on the following described real estate, to-wit:
NW'/NE'/SW'% of Section 29, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board
has been presented with an Amended Road Maintenance and Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Coulson Excavating Company, Inc., % Richard Coulson,
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 Amended Road Maintenance and Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Coulson Excavating Company, Inc., % Richard Coulson,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
y±: Pt, eocc&cO —, 990023
PL0583
IMPROVEMENTS AGREEMENT - COULSON EXCAVATING COMPANY, INC., % RICHARD
COULSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
A ELD COUNTY, CO ORADO
ATTEST: IX F ,'�✓J
ru �'Dale K. Hall, Chair
Weld County Clerk to thetas):
c4 J EXCUSED DATE OF SIGNING (AYE)
Barbar J. Kirkmeyer, Pro-Tem
Deputy Clerk to the Boy �V �� i
- - Geor E. xter
PR S P • to FORM:
I' M. eile
Tou 'ty Attor ey ' - "a/
G enn Vaal- --
990023
PL0583
COUNTY OF WELD, STATE OF COLORADO
AMENDED ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of January , 1999, by and
between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and Coulson
Excavating Co., Inc. (CHALLENGER GRAVEL PIT), hereinafter called "Coulson," and
WHEREAS,Coulson Excavating Co., Inc. Has been granted a Weld County Use by Special Review
Mining Permit for an open-cut sand and gravel operation on 66 acres, portions of the Northwest Quarter
(NW '/a), Northeast Quarter(NE '/), Southwest Quarter (SW 1/4 of Section 29, Township 5 North, Range
67 West of the 6th Principal Meridian, 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, the County and Coulson have reviewed maintenance and improvements proposals
put forth by Challenger, 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, the County and Coulson agree as follows:
1. The County roads which serve said gravel pits are Weld County Road (WCR) 54 between
WCR 151/2 and WCR 13 (haul route).
2. Coulson agrees to excavate and patch any damage on WCR 54 that has been created by
heavy truck hauling from Challenger gravel pits, as determined by Weld County Public
Works Department.
3. At any time in the future, when WCR 54 damage has increased beyond the point that
patching can reasonably restore the road, Coulson will cooperate with County in the
reconstruction of those parts of said road.
4. When reconstruction is required, the details of such reconstruction and the amount of
aggregate base course required will be determined by sampling and testing of the existing
road by the Weld County Public Works Department.
5. When reconstruction is required, Coulson will supply and pay the cost of the hot
bituminous pavement, aggregate base course, equipment, and labor for reconstruction.
6. When reconstruction is required, County will reimburse Coulson for the cost of Ac-10
liquid asphalt for the manufacture of hot bituminous pavement.
7. All construction and materials controls for a project will be in accordance with the 1991
Standard Specifications for Road and Bridge Construction, and modified by the December
I, 1996, Supplemental Specifications, as provided by the Colorado Department of
Transportation. During Construction, signage shall be posted in accordance with the
Uniform Manual on traffic Control Devices.
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Amended Road Maintenance and Improvements Agreement
Page 2
8. The term of this Agreement is from the date of entering as a aforementioned, an s n
continuously until the operation of said gravel pits ceases.
9. County shall be responsible for payment of costs due in future fiscal years on y if funds
are appropriated and are otherwise available for the services and functions which are
described herein.
10. 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.
II. Indemnification: To the extent authorized by law, Coulson agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Coulson in his performance of the duties set forth in this
Agreement on those portions of WCR 54 described in this Agreement. The term liability
includes, but is not limited to, any and all claims, damages, and court awards, including
costs, expenses, and attorneys' fees, incurred as a result of any act or omission by Coulson
and its employees.
12. Modifications and Breach: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No
modifications, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall he deemed,waived or excused, unless such waiver or consent shall be in
writing or signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party,whether expressed or implied, shall
not constitute a consent to, waiver of, or excuse for any different or subsequent breach.
13. Non-Assignment: This Agreement shall not he assignable without prior written consent
of County or Coulson, whichever is the non-assigning party.
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Amended Road Maintenance and Improvements Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year
fi: ::
abo wri n.
_/,/ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the rd g 7(
BY: - Dale K. Hall, Chair (01/06/99)
Deputy County Clerk br `d: ,c , ≥�
COULSON EXCAVATING CO., INC.
RICHARD COULSON
r �TOLE: President
2.. C
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IMEMORANJUMr:i 27
C. cLEr'
COLORADO TO: Clerk to the Board DATE: December 30, 1998
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please place the following item on the Board's next agenda
Acceptance of the Road Maintenance and Improvements Agreement with Coulson Excavating
Company,Inc. on WCR 54 between WCR 15% and WCR 13.
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Engineering Administrator
Dave Becker, Operations Director
990023
ACI;14111,
MEMORANDUM
1 TO: Frank B. Hempen, Jr. DATE: December 29, 1998
Public Works Director/County Attorney
C FROM: Donald Carroll, Engineering Administrator ke
•
COLORADO SUBJECT: Coulson Excavating
Amending Road Maintenance and Improvements Agreement
This mining operation is the Challenger Gravel Pit. The existing Road Maintenance Agreement is
with Al Challenger but Coulson Excavating has obtained this operation. At the request of the Board
of Weld County Commissioners, an amended Road Maintenance and Improvements Agreement
was updated to reflect Coulson Excavating. The haul route remains the same. I have field verified
WCR 54 between WCR 15.5 and WCR 13 and determined there are no visible problems identified.
999c-
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