HomeMy WebLinkAbout20181568.tiff/7V / 797
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item — Approve Assignment of Improvements Agreement for:
Hall -Irwin Aggregates, LLC — USR-1435
DEPARTMENT: Public Works DATE: 5/3/2018
PERSON REQUESTING: Evan Pinkham
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Brief description of the issue:
The Department of Public Works received a request from Hall -Irwin Aggregates, LLC, requesting that the Board
of County Commissioners consider approving the assignment of Improvements Agreement for the gravel mining
operation (USR-1435).
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -
mentioned signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular. Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for USR- I435, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
ig
Schedule as Regular
BOCC Hearing Item Other/Comments:
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2018-1568
CONSENT TO ASSIGNMENT OF LONG TERM ROAD MAINTENANCE AGREEMENT
BURNCO Colorado, LLC -- Nissen Farm (USR-1435)
THIS CONSENT TO ASSIGNME of Lon Ter Road Maintenance Agreement
("Consent") is entered into this ay of 2018 between the
County of Weld, a body corporate and politic of the S to of Colorado, by and through
its Board of County Commissioners, 1150 "O" Street, Greeley, Colorado 80631
(hereafter, "County"); Hall -Irwin Corporation, 301 Centennial Drive, Milliken,
Colorado 80543 (hereafter "Assignor"); and Bestway Concrete Company, n/k/a
BURNCO Colorado, LLC, 301 Centennial Drive, Milliken, Colorado 80543 ("Assignee"),
and is based upon the following facts:
WITNESSETH:
WHEREAS, Assignor, as the "Applicant", and County, are parties to the
Restated Road Maintenance Agreement dated June 18, 2014 relating to Nissen Farm
(USR 1435) (the "Agreement"); and
WHEREAS, since February 17, 2017 (the "Transfer Date"), the Project described
in the Agreement has been owned and operated by Assignee, including the
reclamation permit issued by the State of Colorado Division of Reclamation Mining and
Safety ("DRMS"); and
WHEREAS, Assignee has performed the obligations of the Applicant since the
Transfer Date and has agreed to assume full responsibility for the obligations of the
Applicant under the Agreement; and
WHEREAS, the parties desire to transfer Assignor's duties and obligations to
Assignee and to release Assignor from the Agreement.
NOW THEREFORE, in consideration of the above facts and the mutual promises
set forth below, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Assignor hereby assigns to Assignee all of Assignor's right, title and interest in
and to the Agreement, and delegates to Assignor all of Assignor's duties and obligations under
the Agreement, effective as of the Transfer Date.
2. Assignee hereby accepts assignment of Assignor's rights under the Agreement
and agrees to assume, perform and discharge all of Assignor's duties and obligations under
the Agreement, effective as of the Transfer Date.
3. County hereby consents to the assignment and delegation of the Assignor's
rights and obligations under the Agreement to Assignee, and agrees to substitute Assignee for
Assignor as the Applicant and responsible party under the Agreement as of the Transfer Date.
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Carly Koppes, Clerk and Recorder, Weld County, CO
111111 1
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IN WITNESS WHEREOF this Agreement has been executed by the parties as of
the date first written above.
HALL-IRWIN CORPORATION
Attest:day/444);eA
WELD COUNTY CLERK TO THE BOARD
By:
By: �c
Name: Bret Hall
Title: Vice -President
BURNCO COLORADO, LLC, f/k/a BESTWAY
CONCRETE COMPANY
By: ic:CL
Name: Cliff Hahne
Title: President
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Name: Steve Moreno
Title: Chair
fir' 1/
Deputy Cl: to the Bo.r,
2
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII 1���6��:Iri'I�fi�li�w'�rti i�l�;IL ','�hJ h •I II
MAY 14 2018
„,20/1- /
RESOLUTION
RE: APPROVE LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
AND AUTHORIZE CHAIR TO SIGN - HALL IRWIN CORPORATION
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 Department of Public Works, and Hall
Irwin Corporation, 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 Department of Public Works, and Hall Irwin Corporation 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 12th day of July, A.D., 2004.
Clerk to the Board
Deputy Clerk to the Board
D AS T
ounty Attar
Date of signature:
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
Robert D. Masden, Chair
William H i erke, Pro -Tern
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David E Long
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Glenn Vaad
2004-1910
EG0050
07 aS-vy
MEMORANDUM
WIN
COLORADO
TO: Clerk to the Board DATE: July 7, 2004
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Long Term Road Maintenance and Improvements Agreement with Hall Irwin Corporation -
Nissen Farm (USR-1435).
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Public Works Engineering Administrator
2004-1910
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this /4/1 day of AG, , 2004, by and between the
COUNTY of Weld, State of Colorado, hereinafter called "COUNTY" and HALL IRWIN Corporation -Nissen Farm
(USR-1435), hereinafter called "HALL IRWIN".
WHEREAS, HALL IRWIN has acquired land use permits from the COUNTY for gravel mining and materials
processing, an asphalt and concrete batch plant, a concrete recycling facility, and a materials sale yard on 125.88 acres
located in part of the south %2 of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld COUNTY,
Colorado and
WHEREAS, the gravel pits and plant site shall generate an increase in heavy truck traffic, and
WHEREAS, the existing COUNTY roads that serve the gravel pits and plant site shall require increased
maintenance and improvement due to the increase in heavy truck traffic, and
WHEREAS, COUNTY and HALL IRWIN have reviewed maintenance and improvements proposals put forth
by HALL IRWIN, 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, COUNTY
and HALL IRWIN mutually agree as follows:
1. HALL IRWIN will provide for the duration of any material haulage from its HALL IRWIN Pit
operation (permitted as USR-1435, with the legal description as part of the south V2 of Section 12,
Township 5 North, Range 65 West of the 6th P.M., Weld COUNTY, Colorado
A. All haul trucks will exit the site via the main access point onto Weld County (WCR) 58. From
WCR 58, special projects with two weeks notification or local deliveries will travel west and
the remaining trucks will travel east to WCR 47.5 then south to U.S. Highway 34 and disburse
east or west. From this disbursement, the designated haul route will be from the main access
point to the pit on WCR 58, east to WCR 47.5 then south to U.S. Highway 34.
B. The applicant shall provide additional improvements to the designated haul route. The
improvement shall include:
a. Intersection - WCR 58 / WCR 47.5: The applicant shall provide construction
drawings providing turning movement improvements at this intersection to
accommodate tractor trailers traveling both northbound and southbound. Widening
will be required at the intersection to accommodate turning radii.
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EURPORTED COPY
b. Intersection - U.S. Highway 34 / WCR 47.5: The right turn lane and taper will
accommodate trucks turning westbound on to U.S. Highway 34. This right turn lane
and taper shall be installed in the future if the right or left turn movement onto State
Highway 34 drops below Los C as determined by Weld County.
c. All proposed lanes and turning radii shall be widened to accommodate trucks. The
intersection design improvements shall take into consideration the right-of-way,
drainage, utility, and other such issues.
d. Existing Road Status: The Weld County Public Works Department has evaluated the
existing road status of WCR 58 and WCR 47.5 for additional overlay requirements to
accommodate the proposed heavy hauling on this route. The Materials Department has
evaluated the structural integrity of the designated haul route and recommends the
following: From the main entrance on WCR 58 to the intersection of WCR 47.5, a
1.5 -inch overlay will be required. On WCR 47.5 south to U.S. Highway 34, a 2.5 -inch
overlay will be required. Both additional overlays and shoulders are required to
accommodate the proposed heavy hauling on this route. Additional shoulders shall be
a minimum of 3 -ft wide.
e. The County is considering a speed reduction on WCR 47.5 from WCR 58 to SH 34.
The applicant should be aware of the current advisory speed reduction signs posted
along WCR 47.5.
f. HALL IRWIN shall install advance warning crossing signs immediately adjacent to the
crossing location. HALL IRWIN shall work with both dairies to locate the crossing
location, as per the MUTCD (WII A Series) WII, 30" x 30". These crossing locations
shall be shown on the signing and striping plans and will be subject to review and
approval by the County.
g.
HALL IRWIN shall install flashing lights and signs at both ends of the school bus pick
up area. Maintenance of the lights shall be the responsibility of the applicant. HALL
IRWIN shall provide a letter from the school district agreeing to the flashing lights,
signing, and location on WCR 47.5 between WCR 48 and State Highway 34.
A construction drawing will be required for review and approval at all intersections
showing the typical roadway cross section with shoulders, turn lanes, radii, and
pavement markings.
Engineering design and construction plans shall be the responsibility of the gravel
hauler. Construction drawings shall be provided by the applicant outlining the
required improvements. The plans shall consist of, at a minimum, intersection layout
and grading, plan and profiles where appropriate, cross sections, signing and striping
and property ownership. These plans will require approval by the Public Works
Director/County Engineer or his representative. The construction plans must be
prepared by a registered professional engineer registered in the State of Colorado. The
plans, when reviewed and approved will, constitute a section of this agreement. They
will be attached hereto and referenced as Exhibit "A".
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J.
The applicant shall warrant and guarantee all improvements for a period of one year
from completion. All roadway and safety improvements shall be completed prior to
the commencement of hauling operations.
2. HALL IRWIN agrees to excavate, repair or patch any damage on said road that has been created by
heavy truck hauling from HALL IRWIN Pit gravel pit. The type of repair shall be determined by the
Public Works Director/County Engineer or his representative. .
There will be an annual inspection in the spring of the roadways to determine actual conditions and
what work is to be performed that summer if any repairs are needed. Any identified repairs shall be
commenced within 30 days of receipt of written notice from the County.
3. At any time in the future, if road damage has increased beyond the point that repair can reasonably
restore the road, HALL IRWIN will participate in the reconstruction of the roadway based on a
proportionate cost share based on truck traffic. The share will be determined by dividing the volume of
the site generated trucks by the total volume of trucks using the roadway. The COUNTY will provide
the traffic volumes.
4. The applicant shall provide testing services and inspection for the construction. The County will only
provide oversight. A registered professional engineer, registered in the State of Colorado, shall provide
the County with a letter that certifies the proper installation of the improvements.
5. HALL IRWIN shall address all the Colorado Department of Transportation (CDOT) access
issues at the intersection of U.S. Highway 34 and WCR 47.5.
6. Prior to the start of mining, Weld County and HALL IRWIN will document the existing condition of the
roadways. This effort will ensure that HALL IRWIN will not be held responsible for existing roadway
damage, if any.
7. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God,
strike, or acts of any governmental agency or authority having jurisdiction over matters set forth herein
shall excuse timely performance of such obligations, but shall not excuse the performance of such
obligations as soon as reasonably practical. The parties may, however, mutually consent to excuse a
party from performing any obligation, in whole or in part, upon a showing that performance has been
rendered impracticable by reason of FORCE MAJEURE.
8. This Agreement may not be assigned in whole or in part by either party hereto without the written
consent of the other party. Such consent will not to be reasonably withheld, conditioned, or delayed.
9. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the intention
of the parties that the remainder of this Agreement shall not be affected.
10. Should HALL IRWIN sell its operation, cease operating, file bankruptcy, or in any way release
ownership and responsibility of the permitted property, this Agreement as set forth herein, shall be
terminated. If the aforementioned release should occur, HALL IRWIN shall give a minimum notice of
ninety (90) days to the COUNTY before the date of termination. If the aforementioned release should
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occur, the COUNTY shall have the option of immediately terminating this Agreement. Notwithstanding
the terms of this paragraph, the requirements of USR-1435 shall not be waived by the terms of this
paragraph and the failure to have a maintenance Agreement in effect may be grounds to revoke USR-
1435.
11. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado
Department of Transportation. During construction, signage shall be posted in accordance with the
most current Uniform Manual on Traffic Control Devices.
12. 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.
13. Indemnification: To the extent authorized by law, HALL IRWIN agrees to indemnify, save, and hold the
COUNTY harmless from and against any and all claims, damages, losses, and judgments, which maybe
suffered or incurred by the COUNTY as a consequence of any breach by HALL IRWIN of its
obligations and duties set forth in this Agreement on those portions of the haul route described in this
Agreement. In the event that any dispute shall arise under this Agreement, the prevailing party in such
dispute shall be entitled, in addition to any other relief to which such party may be granted, to recover its
reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute.
14. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint
venture or partnership. Except as provided herein, neither party shall have the right or authority to act
for, or on behalf of, or to enter into any obligations which are binding on the other party to this
Agreement.
15, All notices to be given under this Agreement shall be in writing and delivered in person, or mailed by
certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service, to the
party to receive such notice at the following addresses:
Weld County Board of Commissioners (COUNTY)
P.O. Box 758
Greeley, CO 80632
Hall Irwin Corporation (HALL IRWIN)
3026 4th Avenue
Greeley, CO 80631
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
following deposit of said notice in U.S. Mail, or the first day following deposit of acknowledgment of
refusal of delivery of said notice.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first -
above written.
WHEREFORE, parties have hereunto set their hands and seals the date and year first written above.
ATTEST:
Weld County Clerk to the Boar
By:
Deputy Cler to. the Board
M:IWPFIt FS1AGREEMNI1Road-Improv\Hail-Irwin_ag 12-9-03.doc
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3202017 07/26/2004 11:05A Weld County, Co
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By:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
.V 11\1'4
Robert D. Mas en, Chair
5
JUL 12 2004
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