HomeMy WebLinkAbout20141504.tiff RESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING
RIGHT-OF-WAY PERMIT, RW14-00125, TO PLACE A WATER PIPELINE WITHIN
THE COUNTY ROAD 55 RIGHT-OF-WAY - COLORADO WATER PIPELINES, 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, pursuant to Resolution #2014-0717, dated March 10, 2014, the Department
of Public Works issued Right-of-Way Use Permit, RW14-00125, on March 26, 2014, to Colorado
Water Pipelines, LLC, to place an 18" water pipeline within the County Road 55 right-of-way,
and
WHEREAS, since that time from the Department of Public Works has received
staff p
numerous complaints from area citizens which were investigated by staff, and
WHEREAS, on the 19th day of May, 2014, a Hearing was held before the Board to
determine whether or not there is sufficient probable cause that Colorado Water Pipelines, LLC,
9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with certain
provisions contained in Right-of-Way Use Permit, RW14-00125, and
WHEREAS, after hearing testimony from the Department of Public Works and the
applicant, the Board determined there is not sufficient probable cause that Colorado Water
Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with
certain provisions contained in Right-of-Way Use Permit, RW14-00125.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that there is not sufficient probable cause that Colorado Water
Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with
certain provisions contained in Right-of-Way Use Permit, RW14-00125.
CC CAO38) i-'W (fit_ -pd-T?1MM)l •
2014-1504
EG0070
PROBABLE CAUSE HEARING - COLORADO WATER PIPELINES, LLC (RW14-00125)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deft/Li
ou as ademacher, Ch
Weld County Clerk to the Board
arbara Kirkmeyer, Pr¢-Tem
BY: Q.�CLO CL l i .�i Ll1l �l�o m '
Deputy Clerk to the Board J' <
Sean P. Conway
ED FORM: Thal,. �
Mike Fre n
ounty Attorney
done""+.� it iam F. Garcia
Date of signature: /r 17 .ay.
1161 "*1 - 41
t �'' '
s'=, \ \/
2014-1504
EG0070
MEMORANDUM
r TO: Esther Gesick, Clerk to the Board DATE: 5-13-14
FROM: Janet Lundquist& Amy Joseph, Public Works
�?r` SUBJECT: Right of Way Use Permit RW14-00125
Pioneer Waterline- Colorado Pipelines
Colorado Water Pipelines LLC was issued a right-of-way use permit on March 26, 2014 based upon the passage of
Resolution 2014-0717 on March 17, 2014. Subsequently, to the approval of the right-of-way use permit, Public Works has
received numerous complaints from area citizens. Each complaint is investigated by Public Works staff.
On Monday, April 28th Mr. Fritzler contacted Public Works concerned that the contractor may be encroaching outside of
the ROW on his property and parked equipment on his property over the weekend. Upon inspection by Public Works
staff, there had been a 10x20 pit dug in Mr. Fritzler's field. The encroachment was in attempt to avoid a bridge wing wall
during the bore. The contractor had not made prior arrangements with Mr. Fritzler to work on his property. The applicant
and the applicant's contractor were notified of the violation and tried to accommodate the damage. A compensation
amount was decided upon between the applicant and Mr. Fritzler.
Public Works staff received a request to revoke RW14-00125 based upon the violation on Mr. Fritzler's property. This was
presented to the Board of County Commissioners and it was determined that a probable cause hearing shall be held. In
accordance with Weld County Code Section 12-4-130, the permit can be revoked based upon the violation. Although, the
applicant was responsive once the applicant was notified of the error. The code language is listed below:
Sec. 12-4-130. Permit Suspension or Revocation.
The Department of Public Works may deny, revoke, or suspend any Right-of-Way Use Permit in order to protect
the public health, safety, welfare, and safe function of County roadways. Permit Holders hold Right-of-Way Use
Permits as a privilege. Weld County reserves its right to revoke any Right-of-Way Use Permit without a fee
refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the applicant, or
whenever the Permit may have been issued in violation of any provisions of this Article.
If the Department of Public Works determines that the Permit Holder has committed a substantial breach of a
term or condition of any statute, ordinance, rule, regulation or any condition of the Permit, the Department shall
notify the Permit Holder of their suspension by either a phone call or a written demand, and the Permit Holder
must then remedy the violation. The demand shall state that continued violations may be cause for revocation of
the Permit. Further, a substantial breach shall allow the Department to place additional or revised conditions on
the Permit.
Within twenty-four (24) hours of receiving notification of the suspension, the Permit Holder shall contact the
Department of Public Works with a plan of correction which must be accepted by the Department. The Permit
Holder's failure to contact the Department, failure to submit an acceptable plan, or failure to reasonably implement
the approved plan, shall be cause for immediate revocation of the Permit and termination of work. Upon
revocation of the permit the Permit Holder will be required to re-apply for a new permit and will be charged for any
additional fees that may be applicable.
2014-1504
WELD COUNTY RIGHT-OF-WAY USE PERMIT
Weld County Public Works Dept. $ C• y\ Phone: (970)304-6496
1111 H Street f. \ After Hours:(970)356-4000
P.O. Box 758 Emergency Services:(970) 304-6500 x 2700
er
Greeley,CO 80632 li Y•' ,cO Inspection: (970)304-6480
c-4/C NNW
Permit Number: RW14-00125
Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado.
A copy of this permit must be on site at all times during construction hours.
Approved MUTCD traffic control/warning devices are required at all times.
Permit Type: Standard Permit fee: $6,295.00
Project Name: Pioneer Waterline USR#: n/a
Application Date: 03/25/2014 Start date: 03/27/2014 Expiration date: 06/26/2014
Applicant Information: Contractor Information:
Name: c/o Tamarack Consulting-Doug Oakland Name: Chris Zadel
Company: Colorado Water Pipelines LLC-Joel Farkas Company: Northern Colorado Constructors
Phone: 303-638-4030 doug Phone: 970-539-8328
Email: doug.oakland@tamarackconsultinglic.com Email: chrisz@ncconstructors.com
Location: WCR: 55 Between: 14 And: 22
Address: Subivision: Legal: 9' / 2N / 64W
Impacted Surface(s):
❑ Asphalt/Chip seal/RAP ZG ravel 0 Treated Gravel 0 Outside Roadway 0 Other SECTION LINE
Use Type:
❑Communication ❑Electrical ❑Gas/Oil O Water Service 0 Sanitary Sewer
O Irrigation OStorm Water 0 Misc PRIVATE
Classification of Work:
❑Abandonment 0 Misc.Occupation 0 Relocation RI Potholing E Other BORE CR XINGS
❑Maintenance 0 Culvert Installation 0 Road Improvements ❑Tree Trimming
0 New Service 0 Overhead Installation 0 Underground Installation 0 Surveying
Description of ROW use:
Installation of an 18" HDPE 4710 DR11 FRESH WATER PIPELINE in the West and East ROW of CR 55 and crossing under CR 16,18,
20,and under CR 55 in 4 locations.
Restoration:
❑Asphalt(HMA) 0 Class 6 Road Base 0 Fugitive Dust Chemical 0 Compaction Testing El Mulching
❑ Structural Fill 0 Flow Fill 0 Native Material 0 Reseeding BErosion Control
0 Other SURFACE GRAVEL
Weekend Hours Yes
Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK
Special Requirements
RESOLUTION 2014-0717. NOTIFY inspection 24 hrs prior to starting work.WEEKLY progress updates required.
Approved by: Weld County Public Works Date:
3/26/2014
Rev.July 2010
Print Date-Time: 3/26/2014 1:21:26PM Report ID: PW00001v003 Page 1 of 7
RIGHT-OF-WAY USE PERMIT REQUIREMENTS
The Right-of-Way Use Permit is a tool to help regulate unauthorized obstructions of excavations in and use of the
County's rights-of-way and easements including, but not limited to, all construction activities within the Weld
County right-of-way, whether gravel or paved, and including all public drainage easements. A Right-of-Way Use
Permit grants a permit holder permission to occupy,excavate,survey,or construct facilities within the County rights-
of-way or easement, and provide for the subsequent restoration upon completion. (Weld County Code-Chapter 12,
Sec.12-4-10)
The Permit granted herein is issued solely for the Permittee's installation of the Project which is to be used for the
purpose described on page 1 of the Right-of-Way Use Permit. Permittee is prohibited from changing the use of the
Project in any way without a new permit. If Permittee intends to change the use of the Project herein permitted,
Permittee must re-apply to Weld County for a new permit. For example if this Permit is issued for a pipeline used to
transfer non-waste water,the pipeline cannot later be utilized to transfer natural gas, petroleum,or waste water
before obtaining a new permit.
PERMITTEE'S RESPONSIBILITIES: The grant of this Permit herein is specifically conditioned upon Permittee's and its
Contractor's compliance with the following requirements:
GENERAL PROVISIONS
1. Permit Issuance. Permittee must submit a complete Right-of-Way Use Application and include required
submittals for review and consideration of its Project. If Project is approved a Right-of-Way Use Permit will be issued
to the Permittee. It is the responsibility of the Permittee to inform its Contractor of all Permit requirements,
Provisions,and Special Provisions.
(a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties
(see emergency repair section for exclusions).
(b) Contractor must have a copy of the Permit, Provisions, and any Special Provisions on site during g
construction of the Project.
(c) Issued Permit expires three(3)months from date issued unless otherwise stated. The Permittee may apply
for an extension if work is not completed before the permit expires. All applicable fees must be paid before
extension will be issued.
(d) Project specific Special Provisions may be included within or attached to the Permit as additional
requirements.
2. Traffic Control Plan. A Traffic Control Plan (TCP) must be submitted and approved prior to Permittee's
commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on
Uniform Traffic Control Devices(MUTCD).
(a)Flaggers shall be provided at any locations where there is encroachment into a travelling lane.
(b)Full road closures exceeding three(3)days shall require approval of the Board of County Commissioners.
3. Inspection. Inspection of the work performed in the Weld County right-of-way is required. Weld County
Public Works will be notified 24 hours prior to commencing any and all work. Final inspections are required. Weld
County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a
violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues.
4. Insurances. Permittee and its Contractor shall secure and maintain insurance policies and/or provide proof of
adequate self-insurance that will protect itself, its subcontractors, members of the public who use the right-of-way
associated with this road, and Weld County, its officers, employees, agents and the Board of County Commissioners of
Weld County, Colorado from claims for bodily injury,death, or property damage, which may arise from the installation
and/or construction of the Project contemplated herein, or caused by the facilities which are installed and/or
constructed as permitted herein. Weld County, Colorado, must be named as an "Additional Named Insured" in all
liability insurance policies (Weld County Code-Chapter 12, Sec. 12-4-80). The following insurance policies are required
and shall be delivered to the Weld County Public Works Department:
(a) Statutory Worker's Compensation.
(Revised 7/2013)
Page 2 of 7
(b) Contractor's public liability and property damage in the following sums:
Bodily Injury: Property Damage:
Each person $1,000,000 Each accident $1,000,000
Each accident $1,000,000 Aggregate $2,000,000
(c) Automobile public liability and property damage in the following sums:
Bodily Injury: Property Damage:
Each person $1,000,000 Each accident $1,000,000
Each accident $1,000,000
5. Surety Bonds. If determined necessary by Weld County's Department of Public Works, Permittee shall
provide a surety bond or other security for the total amount required to restore the right-of-way under which the
Project is to be installed or constructed, based upon current Weld County Public Works Department contract prices for
the performance of such work. Said security shall remain in effect for a period of two (2) years after inspection of
completed construction by Weld County Public Works Department. Whether or not covered by a bond, Permittee shall
reimburse Weld County for any and all expenses incurred by it as a result of, or related to, the failure by Permittee or
its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit, in a
workmanlike manner.
6. Additional Permits. Permittee shall be responsible for obtaining all other State, Federal, or Local permits
which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide
evidence of such other permits upon request by the Weld County Public Works Department.
7. Determination of Placement. Weld County reserves the right to determine the specific placement of the
Project within its right-of-way.
8. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work,
wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit.
Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make
any changes,additions, repairs or required relocation of any facilities within the dedicated rights-of-way at any time.
9. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback
requirements which it might otherwise require from other utilities which may be placed in Weld County's rights-of-
way, and relinquishes its authority over the placement of all other electric, power, gas, communications or other
conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of-
Way. Weld County must approve location prior to construction.
10. Existing Utilities. Permittee or its contractor shall be responsible for locating all existing utilities. (Contact the
Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging.) Permittee
must remove all utility locates such as flags and marker pins from the Right-of-Way once the construction is complete.
11. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines,or any other Projects
or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an
existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or
pay the owner to repair and replace the same in accordance with the desires of the owner.
12. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon
being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures.
Permittee shall apply for a Right-of-Way Use Permit and make the required repairs as soon as practicable after the
Weld County Public Works Department is notified of the emergency situation and the need for such repairs. In no
event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather
conditions prohibit the repair process.
13. Changes-Permittee's Financial Responsibility. In the event changes are made to the roadway or its
appurtenances within the right-of-way that would necessitate removal or relocation of Permittee's Project, Permittee
shall do so promptly at its own expense upon the request of the County.
(Revised 7/2013)
Page 3 of 7
14. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and
repair of the Project installed by Permittee, and all other improvements described in this Permit, shall be at its own
expense and without the aid or use of Weld County's funds.
15. Permittee Solely Responsible. Permittee (or its successors and assigns, if accepted by Weld County),
remains solely responsible for all matters pertaining to the Project.These responsibilities include, but are not limited to
the following: repair and maintenance of the physical components of the Project; removal of the physical components
of the Project upon abandonment of the use or following the request of Weld County to remove the Project;
cooperation with Weld County and other Permittees whose projects are placed in Weld County's Right-of-Way.
16. Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms
and conditions hereof shall extend to and be binding upon the Permittee and its successors,and assigns.
CONSTRUCTION PROVISIONS
1. Daily Construction Requirements. At the end of each day during the installation and construction of the
Project, Permittee shall observe the following requirements:
(a) All materials shall be removed a minimum of ten feet(10')from outside edge of the road shoulder;
(b) All excavations upon the traveled portions of the right-of-way shall be back-filled in accordance with
the Compaction requirements set forth below unless otherwise approved by Weld County;
(c) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not
applicable to nightly activities.
2. Equipment-Equipment Crossings.
(a) Movement of cleated or track equipment is restricted to the immediate work area. Equipment shall
be transported to a proper unloading area. No cleated or track equipment may work on or move over
asphalt surfaces without mats.
(b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a
practicable anti-tracking material to prevent damage to the road surfaces and shoulder areas. A minimum of
a fifteen inch (15")culvert shall be placed in ditch areas under tracking pad to maintain proper drainage.
3. Site Markers. Permittee shall mark the site of the installation of the Project, whether permanent or
temporary, with markers acceptable to Weld County Public Works Department. Markers shall be placed as far from
edge of road as to not interfere with normal road maintenance.
4. future Line Location. The installation of non-ferrous lines in the Right-of-Way shall require a suitable
means to facilitate future line location such as,but not limited to, metallic warning tape installed above the line.
S. Abandonment. The abandonment of an existing Project in the Right-of-Way shall be subject to conditions as
determined by the Weld County Public Works Department based on the age, condition, material type, and size.
Permittee shall cut,cap,and fill Project(s)that are not required to be removed.
6. Minimum Cover. All depth requirements are minimums and are subject to Special Provisions requirements.
(a) All road bores shall be a minimum depth of four feet (4') plus the diameter of the line below the
lowest point of the Right-of-Way. Private use Projects shall increase this depth to a minimum of six feet(6')
plus the diameter of the line.
(b) All underground Projects running parallel within the roadway or Right-of-Way shall have a minimum
of four feet(4')of cover.
(c)Culverts must have a minimum of twelve inches(12")of cover.
7. Asphalt-Concrete Surfaces. Asphalt or Concrete surfaces are not to be cut unless approved by the Weld
County Public Works Department. If an asphalt or concrete surface cut is granted, the cut shall be repaired with a
flowable fill cement (refer to Compaction Requirements) and hot bituminous pavement and/or concrete placed at a
thickness of existing plus one(+1).
(Revised 7/2013)
Page 4 of 7
8. Compaction Requirements.
(a) All compaction of backfills and road surfaces shall be compacted in accordance with the Weld County
Engineering and Construction Criteria guidelines.
(b) All backfills located within an existing asphalt or concrete surface or under the asphalt or concrete
not currently in place but will be as part of a new road construction, must be compacted using flow-fill cement
in the upper three feet(3')of backfill.
(c) If any wet or non-compactable materials are produced from excavations, they shall be completely
removed from the Right-of-Way and replaced with compactable materials. The Right-of-Way shall then be
returned to the original grades and cross sections. Weld County Public Works Department shall have the
authority to determine what materials shall be discarded and what materials shall be acceptable as
replacement.
(d) On gravel roads where excavation materials are stacked on the road surfaces, road base of 3/4 inch
Surface Gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria
specifications for Surface Gravel shall be spread over the road surfaces at a rate of 900 tons per mile upon
completion of the work. Shoulders on paved roads or barrow ditches where excavation is done shall
require 300 tons per mile upon completion. These amounts are minimums to coat the road surfaces and do
not supersede any requirements within the Permit.
(e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight
inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable
equipment to properly compact the depth of lift placed. Weld County Public Works shall determine if
Permittee's equipment and the depth of backfill lift is appropriate. Ninety-five percent (95%) of a standard
proctor shall be required at any trench depth or in replacement of any materials within the traveled portion
of the Right-of-Way. Eighty-five percent (85%)of a standard proctor shall be required at any trench depth or
in replacement of any materials off the traveled portions of the Right-of-Way. Installations running
parallel within a gravel roadway will require a final placement of a minimum of six inches(6")of Surface
Gravel after all of the Project has been placed and compaction test results are in compliance.
(f) Potholes in gravel surfaces shall be filled completely with road base and compacted. Potholes in
asphalt or concrete surfaces shall be filled with a cement/grout to existing thickness plus 1(+1)or filled with a
compactable base material and the final placement a HMA or concrete material of existing thickness plus one(+1).
8. Reseeding. Permittee shall reseed,with a seed mix approved by Weld County Public Works Department, all
areas within the Right-of-Way in which vegetation was removed or disturbed during the installation of its Project.
9. Points of Access. Permittee shall install manholes and other points of access to underground lines within the
boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct
maintenance operations within the rights-of-way. Permittee shall, at its sole expense, adjust access points, when
requested to do so by Weld County.
10. Survey Monuments. Permittee or its Contractor shall preserve or replace all survey monuments or
benchmarks at each work site. If such monuments or bench marks are destroyed, Permittee shall hire a Registered
Land Surveyor to replace destroyed monuments or bench marks. If Permittee chooses to preserve such monuments or
benchmarks,it shall also hire a Registered Land Surveyor to complete such preservation.
11. Permittee's Obligations Regarding Surveys.
(a) All surveying performed within the boundaries of the Right-of-Way shall be conducted with proper
safety equipment and advanced warning signs;
(b) Surveying permit holders can be issued an annual permit.
(c) Any excavation within the boundaries of the Right-of-Way will be backfilled with the same material or
better than what was excavated.
(d) Weld County Public Works Department offers free monument boxes and lids to Permittee to
establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road.
Permittee shall furnish the location of the section corners being preserved to the Surveying Department
when obtaining monument boxes.
(Revised 7/2013)
Page 5 of 7
12. Permittee's Obligations Regarding the Completion of Project.
(a) Permittee shall place Surface Gravel, as specified in Chapter 7 of the Weld County Engineering and
Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment,
trenching, or storage of material. Weld County shall determine the damaged areas, remedial work required,
and timing of said work.
(b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility
markers), repair of damaged facilities,trench compaction, and replacement of gravel shall be kept within one
(1)mile of new excavation.
(c) All disturbed portions of the Right-of-Way or damaged road surfaces are to be returned to their
original condition prior to demobilizing. If the Right-of-Way is not returned to original conditions, Weld
County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety
bond in order to pay for all work done.
GENERAL MATTERS
1. Terms.
A. All references herein to "Right-of-Way" refer to a strip of land that is granted to the County through
an easement of other mechanism for transportation purposes,such as a roadway or highway.
B. All references herein to"Permittee" are to any persons and/or entities applying for and being issued
a Right-of- Way Use Permit granting permission to occupy and/or install their Project within Weld County's
rights-of-way.
C. All references here into "Project" refer to the Permittee's pipelines, conduits, sleeves and/or
appurtenances for natural gas\oil\electric\water\sewer\irrigation\communications\which are placed in Weld
County's rights-of-way pursuant to this Permit.
D. All references herein to"Contractor"are to any persons or business entities retained by Permittee to
install the Project in Weld County right-of-way.
E. All references herein to "Permit" refer to the Right-of-Way Use Permit, its Provisions, and any
attached Special Provisions.
2. Weld County's Limited Interest in Right-of-Way. Weld County owns a limited interest in the Right-of- Way
and therefore, does not, by the issuance of this Permit, warrant the right-of-way. Permittee is responsible for
determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the
ownership of all right-of-ways. Therefore, Permittee shall obtain from the fee title owner(s) of the Right-of-Way or
others having proprietary interests in the Right-of-Way such authority or rights as Permittee may need, in addition to
this Permit for Permittee's use of the Right-of-Way. Permittee acknowledges and agrees that the authorization
granted herein by Weld County is subject to Permittee's securing such authority or rights.
3. Weld County's Rights. Permittee acknowledges and agrees that the Right-of-Way exists as a public right-of-
way for the primary benefit of the travelling public, and that the rights granted herein to Permittee and to other public
and private utilities and entities, are subject to Weld County's rights and obligations to preserve and maintain the
Right-of-Way as such.
A. Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the
Right-of-Way for existing and future construction,operation, maintenance, repair, replacement relocation and
abandonment of its own use and facilities.
B. Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to
comply with the requirements of this Permit. Should this Permit be terminated for non-compliance by
Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the
responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld
County.
(Revised 7/2013)
Page 6 of 7
C. Weld County reserves the right to allow other public and private utilities and entities to utilize the
Right-of-Way and may impose location requirements and restrictions on Permittee in anticipation of requests
by future public and private utilities and entities to occupy the Right-of-Way.
D. Weld County reserves the right to reconstruct, widen and/or maintain the road(s) or right(s)-of-way
affected by this Permit. In the event this work requires Permittee to incur expense in order to preserve, re-
locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost.
4. Indemnification. Except for the negligence of Weld County, Permittee shall indemnify and save harmless
Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or
any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or
maintenance of the Project.
5. Hold Harmless. Permittee agrees to protect Weld County and save and hold Weld County harmless from any
and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related
facilities may directly or indirectly cause. Additionally, Permittee releases Weld County from any and all claims and
damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on
the part of any third party.
6. No Assignment. Permittee shall not assign any or all of its rights under this Permit without first obtaining
written consent to such assignment from Weld County,which consent shall not be unreasonably withheld. However, in
the event Permittee contracts with a third party contractor to perform the work associated with the installation of the
Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit.
7. Entire Permit Agreement. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,
promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its
agents or employees. This Permit embodies all agreements between the parties hereto and there are no promises,
terms,conditions,or obligations referring to the subject matter whereof other than as contained herein.
8. Effect of Invalidity of Provision. If any term or provision of this Permit, or the application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the
application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and
enforceable to the extent permitted by law.
9. No Waiver of Immunity. No term or condition of this Permit 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.
10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Permit,and all rights of action relating to such enforcement,shall be strictly reserved to Weld County
and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included
in this Permit. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall
extend to and be binding upon the Permittee and its successors,and assigns.
(Revised 7/2013)
Page 7 of 7
Notice
Pursuant to the laws of the State of Colorado and the Weld County Code, a public hearing will
be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County
Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, at the time specified below.
If a court reporter is desired for either hearing, please advise the Clerk to the Board, in writing,
at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at
(970) 336-7215, Ext. 4226, prior to the day of the hearing.
The complete case file may be examined by calling the Department of Public Works at (970)
304-6496, Ext. 3764, or at the office of the Clerk to the Board of County Commissioners, Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631. Persons unable to attend the hearing
may provide written testimony to the Board of County Commissioners by regular mail delivered to P.O.
Box 758, 1150 O Street, Greeley, CO 80632 or by e-mail. E-Mail messages sent to an individual
Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence
into the case file prior to the hearing, please send a copy to ajoseph@co.weld.co.us or
egesick@co.weld.co.us.
DATE: Monday, May 19, 2014
TIME: 9:00 a.m.
APPLICANT:
Colorado Water Pipelines LLC
9033 E Easter PI
Centennial CO 80112
REQUEST: To show cause to determine if Right-of-Way Use Permit number RW14-00125, issued to
Colorado Water Pipelines, LLC, to place an 18" water pipeline within the County right-of-way of WCR 55,
shall be revoked. Members of the public will be invited to present testimony regarding the application.
LOCATION: East and West right-of-way of WCR 55 between WCR 14 and WCR 22.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 6, 2014
Esther Gesick
From: Janet Lundquist
Sent: Tuesday, May 06, 2014 10:20 AM
To: Bruce Barker; Esther Gesick
Subject: Colorado Pipeline
Attachments: Notice of 2nd Public Hearing_Colorado Pipeline.doc
Hi Bruce & Esther,
Based upon the work session with the BOCC last week, we drafted the attached notice to be sent to the permit
applicant. Based upon my conversation with Bruce we will inform the citizen that owns the property where the violation
of the permit occurred. Other than that we are not formally inviting surrounding property owners. Is this in line with
other show cause hearings? Can you both review the handout and make changes if necessary please? I am hoping to
have this out to the applicant by Friday May 9t°. Let me know if you have any questions or issues.
Thanks,
Janet Lundquist
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax-970.304.6497
41/4
Lt r
r ,•
►�
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
Hello