HomeMy WebLinkAbout970475.tiffRESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR 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, 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 Public Works Department,
and Hall -Irwin Construction Company, 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 Public Works Department, and Hall -Irwin
Construction Company, 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 17th day of March, A.D., 1997.
eputy Cler to the Board
APPR• -V AS RM:
my Attor ey
(L`'. Any' tit / /rid n ; c'Q
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George '€. Baxter, Chair
/i2
EXCUSED
W. H. Webster
Barbara J. Kirkmeyer
970475
EG0036
CA LI
COUNTY OFWELD._STATE OF COLORADO
LONG-TERM ROAD_MAINTENANCE AND IMPROVF.MENT,S AGREEMENT
THIS AGREEMENT, made and entered into this day of Mgicl. •, 1997,
by and between the County of Weld, State of Colorado, hereinafter called "County" and Hall -Irwin
Constriction Company, hereinafter called "Operator".
WHEREAS, the Operator and other gravel operators have acquired land use permits from the county
for gravel mining and plant operations in the area west of Greeley, Colorado along WCR 27, and
WHEREAS, AS, gravel mining and plant operations are anticipated to continue in this area well into the
future, mid
WHEREAS. the County roads in the area of WCR 27 will be impacted by heavy truck traffic
generated from gravel mining and plant operations and by other businesses using heavy trucks, and
WHEREAS, present and future gravel operators are required to enter into Road Maintenance and
Improvements Agreements with the County to mitigate the impact created by heavy truck traffic.
and
WHEREAS, haul routes overlap between different gravel operators and the existing haul routes are
difficult and impractical to manage, and
WHEREAS, the maintenance and improvements required will vary over time and provisions should
he made to address enure requirements, and
WHEREAS, the County and the Operator agree it would be advantageous to set forth an equitable
agreement that would provide a basis for future Road Maintenance and Improvements Agreements
between all parties concerned.
NOW. THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
the County and the Operator mutually agree as follows:
1. 1 he County road considered in this Agreement is Weld County Road 27. between "O" Blatt,
or Weld County Ruud 64. lu the north and exteMing moth to Business US 34, This County
road is referred to hereinafter as "WCR 27".
2. The Operator may use WCR 27 as haul mutes to and from its gravel mining operations area
as described in the plat filed as required by USR 1125.
J. in order to provide greater safety for the traveling public and W prevent degradation of the
WCR 27 rued edge at the access drive, the Operator will install paved acceleration and
deceleration lanes on the west side of WCR 27, as shown in Exhibit A.
4. The County will, to the best of its ability within the restrictions of the law, require future
gravel operators who use the haul routes described in Paragraph 1., above, to participate in
Road Maintenance and Improvements Agreements similar to this agreement.
5. The Operator and present and future gravel operators are required to share in the cost of
reasonable future maintenance and improvements when such main eiuurue is related to their
hauling impacts.
2539014 8-1597 P-354 03/21/1997 01:54P PG 1 OF 3 REC D0C
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
970475
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6. Upon notification by the County, all gravel operators and the County will examine the roads
and determine a plan for the maintenance and improvements that are required. The County
will have the final determination as to what maintenance and improvements are required
based on input from gravel operators using the road.
7. Upon determining what maintenance and improvements are required, a separate agreement
shall be drawn detailing the work to be done and the costs to be shared.
8. When requested by the County, the Operator shall provide information as to the amount of
materials, in tons, removed from the pit over a specified period of time. The Weld County
Public Works Department shall provide information on the amount of materials, in tons, it
has hauled on the roads in question. The County shall estimate the amount of non -gravel
materials, in tons, shipped over the road in question for the same period of time. When
combined with information provided by other operators (as set forth in paragraph 5.), the
proportionate amount of materials removed by each operator will be used to determine each
operator's share in maintenance and improvements. No costs for maintenance and
improvements associated with traffic not generated by the gravel operators will be assessed
to the gravel operators.
9. It is anticipated that the Operator and future or present gravel operators will perform the
work and share in the equipment, labor, and materials required for the maintenance and
improvements necessary for WCR 27. Any sharing done between the gravel operators shall
be by separate agreements.
10. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any provision of this Agreement
be construed to create any duty, standard of care, or rights in favor of any third parties with
respect to any obligation created by this Agreement.
11. Structural ,tamegc repairs to the bridge over the Cache La Pundit River arc exempted from
this Road Maintenance and Improvements Agreement.
12. If the Operator does not participate as outlined in the Agreement, it will constitute a
revocation of the conditions of USR 1125, and shall subject the Operator to revocation of
said USR.
13. This Agreement cannot be assigned by County to any other entity and will be null and void
for those sections of WCR 27 listed in Paragraph 1 which become annexed to the City of
Greeley. This Agreement may be assigned by Operator only upon the written consent of
County.
IN
first/"above' n
ATTEST: al%
Weld County Clerk to
the pafities hereto have duly ex�tcuted the cm v and year -41 ✓� / BOARD OF COUNTY COMMISSIONERS
oard WELD COUNTY, CQLORA,D
ATTC3':'„ .: OF C0D'!TY
CC,. _.:C:::::G.:_33:7_Y
The foregoing instrument was acknowledged before me by 3 t t -Hal L
day of kaj e 6c , ,1997.
k4) foul Id I I
Notary Public
My commission expires: My Commission Expires February 26, 2000
By:
HALL-IRWIN CONSTRUCTION COMPANY
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2539014 8-1597 P-354 03/21/1997 01:54P PG 3 OF 3
HALL-IRWIN
,COMPANIES _
AGGREGATES
DIVISION
P.O. BOX 519 OFFICE: 3026 4TH AVE. OFFICE PHONE'. (970) 3526057
GREELEY, CO 80632 GREELEY, CO 80631 METRO LINE: (3036
) 654684
FAX: 0
Jeff Gregg
Vice President
Mobile: (970) 302-9006
Home: (303) 855-3294
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