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Home My WebLink About20173103RESOLUTION RE: APPROVE AGREEMENT FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT FOR CONSTRUCTION SERVICES AND AUTHORIZE CHAIR TO SIGN - HOSHIKO LAND, LLC 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 County Road 47 Corridor Improvement Project for Construction Services 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 Hoshiko Land, LLC, commencing August 17, 2017, and 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 County Road 47 Corridor Improvement Project Construction Services 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 Hoshiko Land, LLC, 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 6th day of September, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOFADO ATTEST: diztivjelizAk Weld County Clerk to the Board uty Clerk to the Board AP' ' I1! D A$ Attorney Date of signature: Q I a el t1 Julie A Cozad, Chair -Steve Moreno, Pro -Tern ike Freeman cc CAW C Ti R O l q t ( 7 2017-3103 EG0074 MEMORANDUM n+r c+ zO #4 t (-13 'Co TO: Clerk to the Board DATE: August 25, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Agreement for Construction Services RE: WCR 47 Corridor Project. Ref: (RW-9, RW-10, TE-9 & TE-10) Acceptance of an Agreement for Construction Services from: HOSHIKO LAND, LLC cc/ Co M:\'Administration\Fortns\MEMO-Form. doc cc in Scl Pcx.) q/Col 11 2017-3103 F,G o o l 9 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & HOSHIKO LAND LLC. THIS AGREEMENT is made and entered into this Corday of e.c04.ein bcr- , 2017, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Hoshiko Land, LLC, who whose address is P.O. Box 119, Kersey, Colorado 80644 hereinafter referred to as "Hoshiko". WHEREAS, pursuant to an Agreement for +ha Purr se(* RAfli.c Road Right -of -Way between the Parties ("Purchase Agreement") dated mber- Co , apc7, County purchased from Hoshiko approximately 8.63 acres of Public Road Right -of -Way for the purpose of building Weld County Road 47 north of County Road 60.5 (the "WCR 47 Corridor Improvement Project"), and WHEREAS, the County has agreed to grant Hoshiko a commercial access located approximately 1325 feet north of the south property line on the west side of Weld County 47, and WHEREAS, Hoshiko's use of said commercial access requires the installation of a deceleration lane for southbound traffic turning west into the Hoshiko property, and also requires an acceleration lane for traffic exiting eastbound out of the Hoshiko property and turning south, and WHEREAS, the Parties agree that the construction of said acceleration and deceleration lanes should occur at the same time that the County's contractor is constructing the roadway at this location, and WHEREAS, the County agrees to cause the construction of said acceleration and deceleration lanes to be completed (the "Project"), and Hoshiko agrees to pay the contract amount for such constructions services, as further set out in the following agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Hoshiko acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of the Parties. Exhibit A consists of a sketch of the acceleration and deceleration lanes to be constructed pursuant to the Agreement. Exhibit B consists of the cost estimate from the County's to complete the work described in Exhibit A. 4333559 Pages: 1 of 10 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, Co lIII FAIN qiWh gnidill'1iaglin: VdDliii 11 II 001 1-3103 E. -G©©'1 -I 2. Service or Work. County agrees to cause the completion of the Project portrayed in Exhibit A by contracting for the procurement of all materials, equipment and/or products necessary for the Project and agrees to diligently provide, by contract or otherwise, all services, labor, personnel and materials necessary to perform and complete the Project. In conjunction with the construction of the Weld County 47 at this location, County shall contract for the construction of the following: a. A deceleration lane approximately eight hundred sixty-one (861) feet long including the taper. b. An acceleration lane approximately one thousand one hundred thirty-two feet eight (1,132) feet long including the taper. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until the completion of the responsibilities described in Exhibits A and B. The Project is anticipated to be completed by December 31, 2018. 4. Termination. This Agreement may only be terminated prior to November 1, 2017. If termination occurs prior to November 1, 2017 but after execution of the "Purchase Agreement" Hoshiko agrees to reimburse the County for the material, equipment, and or products procured for the commencement of the commercial access. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. 6. Compensation/Contract Amount. Prior to November 1, 2017, Hoshiko agrees to pay $216,060.32 which is the estimate set forth in Exhibit B. Hoshiko will not withhold any taxes from monies paid to the County hereunder and County agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Hoshiko shall only be responsible for payment of the Contract Amount and shall not be responsible for any additional sums that might arise related to the Project such as cost overruns and or change orders. 7. Independent Contractor. Each party agrees that it is an independent contractor and that its officers, agents or employees are not officers, agents or employees of the other. 8. Subcontractors. County shall have the right to subcontract any or all of the work contemplated by this Agreement in County's sole discretion. 9. Ownership. Weld County will not take ownership or maintenance of the commercial access outside of the Public Road Right of Way. 10. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 4333559 Pages: 2 of 10 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO liiiterriY�l �irh4�h'��1�G��4Qkd�h lk'�L��tii '�W�h 11111 11. Notices. All notices shall be made in writing to the following persons. Either party may change its notice address(es) by written notice to the other. Denise A. Leafgren, Hoshiko Land, LLC., P.O. Box 119, Kersey, Colorado 80644 Jay McDonald, Director of the Department of Public Works, Weld County, 1111 H. Street, Greeley, Colorado 80632, Phone: (970) 304-6496, Fax: (970) 304-6497, j mcdonaldelweldaov. corn 12. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 13. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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. 14. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 15. No Third Party Beneficiary. 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 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. 16. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 17. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 18. Attorneys Fees/Legal Costs. In the event of a dispute between the parties, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 4333539 Pages: 3 of 10 09/07/2017 10:38 AM R Fes:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co lIII NAMMittleiglOrianr4 tk i1hi liAlli "III 19. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. The parties acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. of ,IN WITNESS WHEREOF, the parties hereto have signed this Agreement this Ig7i- day id, v s , 2017. OWNER: HOSHIKO LAND, LLC Its sole memnrer, Nosh* g,Resources, Inc. 09 /Igh Dennis J. i ioshico, President Date Diana L. Tomoi, Vice President Date Denise A. Leafgren, Secretary/Treasurer Date WELD COUNTY: ATTEST: Weld County Cl t e o rd BY: a ty Clerk to the Board ;(A BOARD OF COUNTY COMMISSIONERS LD OUNTY, CO • - DO 4333559 Pages: 4 of 10 09/07/2017 10:38 AM R Fee:$0.00 Carly Kopp's, Clerk and Reoorder, Weld County, Co elk "Ill ozad, h piot7- 3(03 ac9oo7 1 19. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. The parties acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 17 day of A- us k , 2C17. OWNER: HOSHIKO LAND, LLC By its sole member: Hoshiko Resources, Inc. Dennis J. Hoshiko, President Diana L. Tomoi, Vice President Date - 1 'j Date Denise A. Leafgren, Secretary/Treasurer Date WELD COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: *See page 4 of 10. Deputy Clerk to the Board Julie A. Cozad, Chair PG9, Sof- (O 4333559 Pages: 5 of 10 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 19. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. The parties acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this ( 7 day of us -f- , 2017. OWNER: HOSHIKO LAND, LLC By its sole member: Hoshiko Resources, Inc. Dennis J. Hoshiko, President Date Diana L. Tomoi, Vice President Date Denise A. Leafgren, 'SZr-ITreasurer Date WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: 1(7(/7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Julie A. Cozad, Chair Rice. Co or I 4333559 Pages: 6 of 10 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII rs>+ : DAti friff tTl in h fflgliii.I i W k lI II I By: Diana L. Tomoi, Vice President RESOLUTION OF BOSH KO LAND, LLC A COLORADO LIMITED LIABII.ITY COMPANY Hoshiko Land, LLC a Colorado Limited Liability Company, hereby consents to, approves, and adopts the following resolution effective August 1-7 , 2017. RESOLVED, Hoshiko Land, LLC hereby authorizes its sole member, Hoshiko Resources, Inc. to transact any business on its behalf relating to the Agreement For The Purchase of Public Road Right -Of -Way for Certain Improvements to Weld County Road 47 Corridor Improvement Project and the Weld County Agreement For Construction Services by Hoshiko Resources, Inc. as member of Hoshiko Land, LLC. Approved and signed: Hoshiko Land, LLC By its member: Hosbiko Resources, Inc. /.7 By: Denni J. Hoshiko, President Date c I I i,L) 7 Date By: Denise A. Leafgre retary/Treasurer 4333359 Pages: 7 of 10 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO IMO I ns>:r��l��i�u .�l��M 11111 Date RESOLUTION OF HOSIIIKO RESOURCES, INC. Hoshilco Resources, Inc. a Colorado Corporation, hereby consents to, approves, and adopts the following resolution effective August (7 , 2017. RESOLVED, Hoshiko Resources, Inc. hereby authorizes Dennis J. Hoshiko, Denise A. Leafgren, and Diana L. Tomoi to act in transacting the execution of the Agreement For The Purchase of Public Road Right -Of -Way for Certain Improvements to Weld County Road 47 Corridor Improvement Project and the Weld County Agreement For Constriction Services by Hoshiko Resources, Inc. as =tuber of Hoshiko Land, LLC. Approved and signed: l3oshiko Resources, Inc. • r/ By: Dennis/J. Hoshiko, President By: Diana L. Tomoi, Vice President frut il7f 7 Date Date By Denise A. Leafgren, tart' reasurer Date 4333559 Pages: 8 of 10 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO iv MNFAMEIVI LINICIIrNCIPIMVI1+iil'li NA Bill � y . r .. � . � a •. C Y `� . � � .. � ♦ �` 1 y � ^w � t � ?; 7 � e a { � 1 • ' r„ - � � O m � 1 d N1 • \ N � . . e. . 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" � � � � � � � p { . ,a,. � „ �: �� 4333'�39 P��s : 9 of 10 � � 09/07 /2017 10 : 38 AM R Fe� : $0 . 00 I ` Carly Kopp�a , Clerk and R�oordar , W� ld Caunty , CO I �� 1��l ��`� ��h�� EXHIBIT B Commercial vs Agricultural Access Costs Costs for Ag Entrance (County) DESCRIPTION QUANTITY UNITS COST PER UNIT TOTAL CO5T 6" THICK, CLASS 6 ABC 186.6 TaNS $ 281� $ 5,262 .23 HOT MIX ASPHALT (GRADING SX) 13 . 7 TONS S 125 .00 $ 1, 714.21 HOT MIX ASPHALT �GRADING 5) 27.4 TONS $ 103.�0 $ 2,825 .01 48" -DIA CMP 25 lF $ 162 .00 $ 4,050.0Q CONCRETE HEAQWALL 2 .6 CU .YDS. 5 1,743 .00 $ 4,48032 TYPE M RIPRAP 11 .1 CU .Y�5. $ 197 .00 $ 2, 188.89 TYPE M RIPRAP - GROUTED 26J CU.YDS. $ 309.00 $ 8, Z40.00 TOTALS S 28, J60. 65 Costs for Commerciai Access (Hoshiko) , 6" THICK, CLASS 6 ABC 874.75 TONS $ 28.20 $ 24,555 . 15 11 " THICK, CONCRETE PAVEMENT 2555.6 SQ. YDS $ 37.80 5 96,600.00 i GEOTEXTILE SUBGRADE REINFORCEMENT 2555.6 SQ. YDS $ 3 .60 $ 9, 200.00 2 'x4' RCBC 122.11 LF $ 898.50 $ 109,715 .84 CONCRETE HEADWALL 2 .77 CU.YDS. $ 1 , 743 .00 $ 4,820. 14 TYPE M RIPRAP 51.1 CU .YD5. S 147.00 $ 10,068.89 I � � 3 'x7' RCBC �ADDITIONAL) 4 LF $ 1, 292.00 $ 5, 168.Q0 � TOTALS $ 260,128.01 COST DIFFERENCE $260, 128.02 minus 518, 760. 65 = S 131,367.37 Hoshiko Costs Tofal Amounf Due for Commercla! Access $ 231,367.37 Less ihe base cosf savings for base only on Noshlko proprty west of ROW 5 15,307.05 � Total $ 216,060.32 I ; 1. Cost shown represent half of total costs, half of cost to be covered by County f � i � �, 4333°ig9 Pages : 10 of 10 I� I 09 /07/2017 10 : 38 AM R Fee : a0 . 00 � Carly Kopp�� , Cl �rk and R�oord�r , Wald CountY , C0 I�i ! �� 1�R� �'i��1�� ti� K� a�Mj ��'� S� �� Hello