The URL can be used to link to this page

Home My WebLink About23-18 Approving IGA Weld County Removal of Material Located at Hokestra Gravel Pit 01-25-2023• ! ! ' • T • ! THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 25th day of January 2023, by and between the Town of Firestone, Colorado, a municipal corporation of the State of Colorado, hereinafter referred to as ("Firestone,") and the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado hereinafter referred to as ("Weld County") WHEREAS, there are two stockpiles of material at the Hokestra Gravel Pit generated by Weld County's mining process whose only use identified by the Weld County Department of Public Works is as backfill at the North Pierce Gravel Pit; and WHEREAS, use of the material as backfzll would incur an estimated six hundred thousand dollars in labor, maintenance, and fuel expenses for Weld County in addition to significant interruptions to ongoing construction and maintenance operations; and WHEREAS, Weld County needs the stockpiles removed in order to create additional stockpiling areas to meet its obligations to the Central Colorado Water Conservancy District; and WHEREAS, the Town, has identified a use for the materials to help further economic development in Firestone and Weld County; and WHEREAS, both Parties are authorized to enter into this Agreement by C.R.S. Sec. 29-1- 203 and the Colorado Constitution Article XIV, Sec. 18(2), the Parties hereby enter into this Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO: in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: The Intergovernmental Agreement between the Town of Firestone and Weld. County for the removal of material located at the Hokestra Gravel Pit is approved in substantially the same form as the copy attached hereto as Exhibit A and made a part of this resolution and the Mayor is authorized to execute the Intergovernmental Agreement on behalf of the Town. PASSED AND ADOPTED this 25"' day of January 2023 Page I of 3 uX TOWN OF FIRESTONE. COLOR,ADO By: Drew Alan Peterson,, Mayor APPROVED AS TO FOW: Page 2 cif" EXHIBIT A A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY COLORADO FOR THE REMOVAL OF MATERIAL LOCATED AT THE HOKESTRA GRAVEL PIT Page 3 of 3 INTERGOVERNMENTAL AGREEMENT FOR THE REMOVAL OF MATERIAL LOCATED AT THE II II GRAVEL PIT THIS INTERGOVERNMENTAL AGREEMENT (-Agreernent") is made and entered into thisZ day by and between the'l`own of in stone, Colorado, a triunicipal corpor 'Illoradc), whose address is 9950 Park Avenue, Fire , stone., O�C 11 (If t Ic ;e t 'Itl s Colorado 80.504, 1"icreinaftler iln-ed to a,� 'Firestone," and the County of Weld, State of Colorado, by and through the Board of County Conitnissioners of the County of Weld, Colorado whose address is P.O. Box 758, 1150 -0" Streel, Greeley, Colorado 80632, hereinafter refCITed to as -Weld County," Firestone and Weld County, are each referred to herein as "Party," and collectively as "the Parties.- WITNESSETH: WHEREAS, there are two stockpiles of material at tile flokestra Gravel Pit generated by Weld County's mining process whose only use identified by the Weld County Department of Public Works is as backfill at the North Pierce Gravel Pit; and WI-JEREAS, use of the material as backfill would incur an estimated six hundred thousand dollars in labor, maintenance, and fuel expenses for Weld County in addition to significant interruptions to ongoing construction and maintenance operations; and WHEREAS, Weld County needs the stockpiles rernoved in order to create additional stockpiling areas to rnect its obligations to the Central Colorado Water Conservancy District; and WHEREAS, Firestone, a municipality within We County, has identified a use for tile materials to help further economic development in Firestone and Weld County; and WHEREAS, both Pat -ties are authorized to enter into this Agreement by C.R.S. See. 29-1 - 203 and the Colorado Constitution Article XI ', Sec. 18(2), tile Parties hereby enter into this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, tire Parties agree as,follows: I TERM: This Agreement shall be effective front the date offinal execution of this Agreement until June 30, 2021 I MATERIALS TO BE REMOVED: Firestone agrees to remove the materials identified in Exhibit A. As gravel mining operations, continue at tile I-lokestra Gravel Pit, Weld County will identify any additional material available for Firestone to rernove at Fire stone's eclat can, 3. PARTIES'0131-IGATION TO COORDINATE MATERIAL REMOVAL The Parties will coordinate material removal such that both Firestone and Weld County can be present in the Horkestra, Gravel Pit as needed. Weld County will provide access for Firestone to the Flokestra Gravel Pit on the coordinated dates. Page 1 of 5 4. FIRESTONE'S OBLIGATIONS DURING MATERIAL REMOVAL: Firestone will be responsible for obtaining all permits needed to move material from the Hokestra Gravel Pit to Firestone's chosen destination. Firestone will be responsible for all traffic control on County Road 24.5 and Firestone Boulevard. Firestone will be responsible for any mud tracked by its vehicles onto County Road 24.5 and Firestone Boulevard. Firestone will employ mitigation for any dust generated as a result of the loading or unloading of material. Firestone will not dig below the surrounding grade of the material stockpiles. Firestone will leave the ground surface flat at the current elevation. Firestone will perform all work under this Agreement in a manner consistent with the provisions of this Agreement and will conform to the performance standards and requirements set forth in the ordinances, resolutions, rules and regulations of Firestone and in compliance with other applicable laws. 5, PAYMENT FOR MATERIALS: Firestone agrees to pay Weld County $267,336.00 for the initial two stockpiles of material. Firestone agrees to pay Weld County $4 per cubic yard of additional material it elects to remove. Payment shall be made by June 30, 2023. 6. NO ASSIGNMENT: Any assignment by either Party under this Agreement shall be -null and void without prior written consent from the other Party. A. Both Firestone and County acknowledge that each party is a governmental entity immune from certain liability pursuant to the Colorado Governmental Immunity Act § § 24-10-101 C.R.S., et seq. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, limitations, or other provisions of the Colorado Governmental Immunity Act § § 24-10- 101 et seq., as applicable now or hereafter amended. B. To the extent Firestone is liable for any act, omission, or failure to act, despite the application of the Colorado Governmental Immunity Act, Firestone agrees to indemnify and hold harmless Weld County to the extent permitted by law of the liability incurred by the act, omission, or failure to act by Firestone in relation to this Agreement. Firestone acknowledges that this agreement to indemnify and hold harmless Weld County extends to the Board of Weld County Commissioners, and to all Weld County officers, employees, and agents. C. To the extent Weld County is liable for any act, omission, or failure to act, despite the application of the Colorado Governmental Immunity Act, Weld County agrees to indemnify and hold harmless Firestone to the extent permitted by law of the liability incurred by the act, omission, or failure to act by Weld County in relation to this Agreement. Weld County acknowledges that this agreement to indemnify and hold harmless Firestone extends to all Firestone officers, employees, and agents. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter herein, and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties. 9. NO TH1RD-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 Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It, is the express intention of the Parties that any entity other than the Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only, 10, 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. 11. MODIFICATION AND BREACH: This Agreement contains the entire Agreement and understanding between the Parties and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the 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 Party, 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. 12. NOTICES: All notices required herein shall be personally delivered or mailed via First Class Mail to the Parties' representatives at the addresses set forth below: TOWN OF FIRESTONE A.J. Krieger Town Manager 9950 Park Avenue Firestone, CO 80504 Phone: 303-833-3291 WELD COUNTY Jay McDonald Director of Public Works P.O. Box 758, 1111 "0" Street Greeley, CO 80632 Phone: 970-304-6496 13. NO WARRANTY: Weld County makes no warranty regarding the suitability of the material for any intended use by Firestone. 14. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute shall be in the District Court for Weld County. 15. NONAPPROPRIATlON: No portion of this Agreement shall be deemed to create an obligation on the part of Firestone or Weld County to expend funds not otherwise Page 3 of 5 appropriated in each fiscal year. IN WITNESS WI IEREOF, the Parties hereto have executed this Agreement in duplicate of the day and year first hereiriabove written. ATTEST: By: T1,11 ATTEST: WELD C�, Lay: � ,,.S12N 1 '.. '* 61 t SEAL o ionzalez, Acti ti C, 'dawn Clerk 4e '0 JNTYClerk- to the Board (Deputy) TOWN OF FIRESTONE COLORADO By: a - Drew Peterson, Mayor BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO By: to the 1-30 Mike Freeman, Cliall, 1861 JAN 3 0 2023 Page 4 of 5 Page 5 of 5