HomeMy WebLinkAbout971711.tiff RESOLUTION �l
RE: APPROVE AGREEMENT FOR ROAD IMPROVEMENTS FOR WELD COUNTY
ROAD 15 AND AUTHORIZE CHAIR TO SIGN - OWEN BROTHERS CONCRETE
COMPANY
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 an Agreement for Road Improvements
for Weld County Road 15 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 Owens Brothers Concrete 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 Agreement for Road Improvements for Weld County Road 15
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 Owens
Brothers Concrete 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 11th day of August, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COJORADO
ATTEST j410-1 its% / =�
/le ''e Georg E. Baxter, Chair
Weld Co ty aI :•-_ •
{. 1 F.r
Constance L. Harbert, Pro-Tem
BY: Ae . a!' «�
�eput �e r�q Si. e B•, 4 EXCUSED
Dt K. Hall
APPRO AS TO FORM: /
�C f�LGhci mil. 2�ti/Jl�yl; _
arbara J. Kirkmeyer 9
o ty Att•n. a
�' 1 &
�J
W. H. �ester
971711
EG0036
C'd ; £U; Owen eras
a9s
AGREEMENT FOR ROAD IMPROVEMENT FOR COUNTY ROAD 15
THIS AGREEMENT is made and entered into this //1% day of
/Lira t , 1997 by and between Owens Brothers Concrete Co. ,
a Colorado corporation, applicant for a Site Specific Development
Plan and a Special Review Permit for a wet sand and gravel mining
operation in the A (Agricultural) Zone District, on the property
described in Schedule A hereto attached, hereinafter referred to as
"Developer" whose address is 5550 Sheridan Blvd. , Arvada, Colorado
80002, and the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, Colorado,
hereinafter referred to "County" , with offices located at 910 Tenth
Street, Greeley, CO 80631,
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site
Specific Development Plan and a Special Review Permit for a wet
sand and gravel mining operation in the A (Agricultural) Zone
District on the property described in Schedule A hereto attached,
hereinafter referred to as the "Development" , and
WHEREAS, County Road 15 extending from the entrance to the
Development south to County Road 24 will need paving in part due to
the increased traffic generated by the Development, and
WHEREAS, Developer has proposed phasing the paving into two
phases, the first of which would consist of that portion of County
Road 15 extending from the entrance to the Development south
approximately one-half of a mile, and the second of which would
consist of that portion of County Road 15 extending onward south
198:050797.01/6316.3 1
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
approximately three-quarters of a mile to County Road 24 .
NOW THEREFORE it is agreed:
1. PAVING.
That prior to the commencement of any mining operations on the
Development, the Developer will pave with asphalt County Road
15 from the entrance to the Development approximately one-half
of a mile south (Phase 1) . The paved portion of the roadway
is to be constructed by the Developer as per county
specifications which are attached as Exhibit "A. " The
Developer will keep a record of the number of trucks using the
entrance to its Development, and shall provide copies of such
records to the County, and at such time as the number of the
Developer's trucks reaches 75 round trips per day, or more,
the Developer will pave County Road 15 onward south
approximately three-quarters of a mile to County Road 24 . The
cost of the road construction (both Phase 1 and Phase 2) shall
be shared.
The Weld County Public Works Department estimated the
cost of paving the subject road according to specifications
for existing vehicular traffic. They then estimated the cost
for paving combining the existing vehicular traffic with the
additional gravel trucks from Owens Brothers Sand and Gravel
Mine. These cost estimates are shown on Exhibit A as the
"Existing" and "Combined" columns. The added cost of the
"Combined" estimate is the developer's share, shown under the
"Difference" column.
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971. 11
The cost amounts identified in Exhibit A of this
agreement will be adjusted higher or lower for the year and
quarter in which the contemplated work is being performed
based on "The State Highway Bid Price Index" contained in the
"Quarterly Cost Report" of The Engineering News-Record as
published by The McGraw-Hill Companies.
Weld County's cost estimate does not include certain
contingencies and ancillary costs. These include: culvert
extensions, permit costs, bond (if required) , mailbox and
fence replacement, traffic control during construction and
surveying. The developer shall be responsible for 26% of
these costs.
Construction plans shall be submitted to Weld County
Public Works Department for review and approval prior to
construction.
2. SEVERABILITY
If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be
construed and enforced without such provision to the extent
that this Agreement is then capable of Execution within the
original intent of the parties hereto.
3 . NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that the 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 in this
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a 1. ...1
Agreement shall give or allow any claim or right of action
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 an
incidental beneficiary only.
4. MODIFICATION 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 modification, amendment,
novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or of any force of effect whatsoever,
unless mutually agreed upon in writing by the undersigned
parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such
waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any part
hereto, or waiver of, a breach by any other party, whether
express or implied, shall not constitute a consent to, waiver
of, or excuse for any other different or subsequent breach.
5. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into
this Agreement and upon their promises to perform the work
described herein, make warranties, either express or implied,
that the improvement work and/or maintenance of these roads
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meet standards other than those generally required for
counties and cities of the size and type similar to County.
6. BINDING.
This agreement shall be binding on the heirs, successors, and
assigns of the parties.
7. DUST CONTROL.
In the interim period following the completion of the first
phase of the paving by the developer, but prior to the paving
of the second phase, the Developer shall be responsible for
controlling the dust on County road 15 between County Road 26
and County Road 24 during periods of hauling from the pit.
8 . In addition to any other remedies held by County for breach of
this agreement, the County may revoke USR 1102 following
notice and hearing before the Board of County Commissioners in
accordance with the established County procedures for a
material breach of paragraphs 1 or 7 of this agreement.
IN WITNESS✓LL WHEREOF the parties heretohave signed this Agreement
this I//A day of aiL.l.Ea/tia�/. , 1997.
OWENS BROTHERS CONCRETE J. COUNTY OF WELD, STATE OF
COLORADO, by and through the
Board of County Commissioners
of Weld ounty
BY' By: A, 2(
GEO E E. BAXTER, CHAIR (08/11/97)
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•
June 11, 1996 DLS
EXHIBIT "A"
Owens Brothers, USR-1102
Weld County Road 15
Existing Combined Difference
ADT 7 trucks 55 trucks 48 trucks
NORTH 26
(1250') HBP 3" 4" +1" = 180 TON @ $26 ($4,680)
ABC 8" 6" -2" = -450 TON AT $8 (-$3,600)
Pitrun 0" 5" +5" = 1125 TON AT $6 (+6,750)
SUBTOTAL +$7,830
SOUTH 26 HBP 2" 3 1/2" + 1 1/2" = 1150 TON AT (+29,860)
(5,250') ABC 4 1/2" 6" + 1/1/2" = 1425 TON AT (+11,400)
Pitrun 0" 0" 0"
SUBTOTAL +$41,260
TOTAL $49,090
74 % 100 % 26 %
COST: $139,710 $188,800 $49,090
M:LOTFILES\OWEN
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97t711
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• �1
MEMORANDUM
� DUM _
l_[.
0 TO: Clerk to the Board DATE: Augusta 1997
•
COLORADO FROM: Drew Scheltinga, County Engineer at.
SUBJECT: Road Improvement Agreement for WCR 15
Please place the following item on the Board's meeting agenda for Monday, August 18, 1997.
Road Improvement Agreement for WCR 15 between
Owens Brothers Concrete Company and Weld County.
The appropriate documentation is attached.
971711
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