HomeMy WebLinkAbout20130704.tiffRESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION
OF A WATER PIPELINE ALONG COUNTY ROAD 67 AND CROSSING COUNTY
ROADS 14, 16, AND 18, AND AUTHORIZE CHAIR TO SIGN - FRONT RANGE
RESOURCES, 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 a Nonexclusive License Agreement
Concerning Installation of a Water Pipeline along County Road 67 and crossing County
Roads 14, 16, and 18, 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 Front Range Resources, LLC 1801 Broadway, Suite 1010, Denver, Colorado 80202, 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 Nonexclusive License Agreement Concerning Installation of a
Water Pipeline along County Road 67 and crossing County Roads 14, 16, and 18 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 Front Range Resources, 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 13th day of March, A.D., 2013.
BOARD OF UNTY COMMISSIONERS
WELD COCOLORADO
ATTEST: —vin
Weld County Clerk to the Board
Attorney
MAR 19 2013
Date of signature:
William F. Garcia, Chair Lx-DDout(dema
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2013-0704
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: March 11, 2013
FROM: Amy Joseph, Public Works
SUBJECT: Agenda Item- Nonexclusive License Agreement
Please submit the enclosed items for the March 13th agenda:
Nonexclusive License Agreement with Front Range Resources to install a 20" water line along
CR 67 and crossing CR 14, 16, 18.
The original documents are being hand delivered.
pc: Janet Carter
Francie Collins
2013-0704
NONEXCLUSIVE LICENSE AGREEMENT
CONCERNING INSTALLATION OF 20" WATER PIPELINE
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of
201, by and between the Board of County Commissioners of Weld County,
Colorado, (hereinafter "Licensor"), whose address is 1150 O Street, Greeley, Colorado 80631, and
Front Range Resources, LLC., (hereinafter "Licensee"), whose local address is 1801 Broadway, Suite
1010, Denver, Colorado, 80202.
WITNESSETH:
WHEREAS, Licensor is the owner of a public right-of-way located in Weld County, more
particularly described on Exhibit A, (Right -of -Way Use Permit which includes a legal description and
map), which is attached to this Nonexclusive License Agreement and incorporated herein by reference,
(hereinafter referred to as "Right -of -Way"), and
WHEREAS, pursuant to Colorado Revised Statutes, (hereinafter referred to as "C.R.S."), § 38-
5-101, Licensor has the authority to permit public and private utilities to locate their facilities along,
across, upon and under said Right -of -Way, and
WHEREAS, Licensee desires to construct, operate maintain, and repair a new 20" water
pipeline, under, and/or along portions of the Right -of -Way, as more particularly described in Exhibit A
and
WHEREAS, Licensor desires to grant Licensee a Nonexclusive License (hereinafter referred to
as "License"), to allow Licensee to construct, operate maintain, and repair a new 20" water pipeline in,
under, and/or along portions of the Right -of -Way.
NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of
the Licensee to be performed hereunder, and upon the conditions herein stated, Licensor does grant to
Licensee a Nonexclusive License to construct, operate maintain, and repair a 20" water pipeline in,
under, and/or along portions of the Right -of -Way, subject to the following terms and conditions:
1. Licensor's Limited Interest in Right -of -Way. Licensor's interest in the Right -of -Way
is limited to a public right-of-way interest and Licensor does not warrant title to the Right -of -Way by the
issuance of this License. Licensee is responsible for determining the ownership of properties traversed
by its lines, the location of all property boundary lines, and the ownership of all rights -of -way.
Therefore, Licensee 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 Licensee may need, (in addition to
this License) for Licensee's use of the Right -of -Way. Licensee acknowledges and agrees that the
authorization granted herein by Licensor is subject to Licensee's securing such authority or rights.
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2. Limited License. The License granted herein is strictly for the installation of a
pipeline which is to be used for the purpose of transporting FRESH WATER. Licensee is prohibited
from changing the use of the pipeline in any way. For example if the License is granted for a pipeline to
be used to the transference of non waste water, it cannot later be utilized for the transference of natural
gas or petroleum, or for the transference of any type of waste water.
3. Licensor's Rights. The parties to the License acknowledge and agree 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 Licensee and to other public and private utilities and entities, are subject to the
Licensor's rights and obligations to preserve and maintain the Right -of -Way as such.
A. Subject to the right granted herein to Licensee, Licensor reserves the remaining
use of the Right -of -Way for existing and future construction, operation, maintenance, repair,
replacement, relocation and/or abandonment of its own use and facilities.
B. Licensor reserves the right to revoke this License at any time if Licensee fails to
comply with the requirements of this License and the Right -of -Way Use Permit. Should this
License be terminated for non-compliance by Licensee, any lines or facilities installed prior to
the termination shall remain the responsibility of the Licensee and may be removed or
maintained by Licensee at the sole discretion of Licensor.
4. Licensee's Responsibilities. The grant of this License herein is conditioned upon
Licensee's compliance with the following requirements:
A. The parties acknowledge that prior to the execution of this Agreement Licensee
submitted a Right -of -Way Use Permit application, together with the required submittals, to the Weld
County Department of Public Works. Following review of the Application and a finding that approval
thereof may be appropriate, the Weld County Department of Public Works executed, but did not issue
the Permit; instead, a provisional Right of Use Permit has been attached hereto and made a part hereof
as Exhibit A. Following the execution of this License, the Right -of -Way Use Permit will be issued and
Licensee may commence its work in the right-of-way. [NOTE: Project Special Provisions, which
include additional requirements, may be attached to the approved Right -of -Way Use Permit, as an
Exhibit to the Permit]. Licensee shall be subject to all requirements and obligations imposed by this
License, the Right -of -Way Use Permit, and any Special Provisions. Neither the Right -Of- Way Use
Permit, (with any Special Provisions), nor this License are mutually exclusive, and shall be interpreted
in concert with each other.
B. Licensee shall be responsible for obtaining all other State, Federal, or Local
permits which may be necessary for the work to be performed on the Right -of -Way.
C. All work performed in Licensor's Right -of -Way must be inspected by Licensor's
Department of Public Works. Periodic inspections may be conducted, but final inspections are
required.
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D. Licensor's Department of Public Works must be notified 24 hours prior to
commencing any work.
E. Licensor reserves the right to make or to require Licensee to make changes,
additions, or repairs, or to remove and/or relocate the facilities licensed herein which are located
within the Licensor's dedicated rights -of -way at any time. Licensor further reserves the right to
reconstruct, widen and/or maintain the road(s) or right(s)-of-way affected by this License,
without compensating Licensee. Therefore, whenever Licensor, or any governmental entity to
which the Right -of -Way has been transferred, makes any changes to the Right -of -Way or its
appurtenances within the Right -of -Way which would necessitate removal or relocation of the 20"
water pipeline installed or constructed therein, Licensee shall, upon the request of the Licensor,
promptly remove or relocate the 20" water pipeline at its own expense.
F. Licensee, or its contractor, shall secure and maintain insurance policies and/or
provide proof of adequate self-insurance that will protect itself, its subcontractors, and Licensor
from claims for bodily injury, death, or property damage, which may arise from the installation
and/or construction contemplated herein, or caused by the facilities which are installed and/or
constructed as permitted herein. Weld County, Colorado, the Board of County Commissioners of
the County of Weld, its officers and employees, must be named as an "Additional Named
Insured" in all liability insurance policies. The following insurance policies and/or proof of self
insured amounts shall be delivered to the Weld County Public Works Department:
(i)
(ii)
Statutory Worker's Compensation.
Contractor's public liability and property damage in the following sums:
Bodily Injury:
Property Dama?e:
Each person
$1,000,000
Each accident
$1,000,000
Each accident
$1,000,000
Aggregate
$2,000,000
Bodily Injury:
Property Damage:
Each person
$1,000,000
Each accident
$1,000,000
Each accident
$1,000,000
G. If determined necessary by Licensor's Department of Public Works, Licensee
shall provide a surety bond or other security for the total amount required to restore the Right -of -
Way under which the projected 20" water pipeline is to be installed or constructed, based upon
current Licensor's 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 Licensor.
Whether or not covered by a bond, Licensee shall reimburse Licensor for any and all expenses
incurred by Licensor within 2 years after completion of any work, as a result of, or related to,
failure by Licensee to perform all installation, construction, maintenance or other work pursuant
to this License and the Right -Of- Way Use Permit issued in addition to, in a workmanlike
manner.
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H. Licensor's Department of Public Works shall have the authority to suspend work
performed by Licensee or its contractor, wholly or in part, because of the failure of Licensee or
its contractor to properly execute the work in accordance with this License, or because Licensor
believes that a violation of this License has occurred or that there is a danger to the public safety
if the work continues.
I. Licensee shall report all emergency repairs to Licensor's Department of Public
Works. Licensee shall utilize proper traffic control measures when making said repairs. If
Licensor determines that an emergency situation exists, it will notify Licensee of the emergency
condition. Licensee shall apply for a Right -of -Way Use Permit and make the required repairs as
soon as practicable after the Licensee 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.
J. Licensee or its contractor shall be responsible for locating all existing utilities.
Licensee shall contact the Utility Notification Center of Colorado (UNCC) at 811 or 1-800-922-
1987 at least two days in advance of digging. Licensee must remove all utility locates such as
flags and marker pins from the Right -of -Way once the construction is complete.
K. No culverts, irrigation structures, drain lines, utility lines, or any other facilities
within the Right -of -Way are to be cut or damaged. In the event Licensee damages an existing
facility, Licensee 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.
L. At the end of each day during the installation and construction of Licensee's
facilities, Licensee shall observe the following requirements:
(i) All materials shall be removed a minimum of ten feet (10') from outside edge of
the road shoulder;
(ii) All excavations within the Right -of -Way shall be back -filled in accordance with
the Compaction requirements set forth in the Right -Of -Way Use Permit;
(iii) All traffic signs must be in place per the approved Traffic Control Plan or
removed or covered if not applicable to nightly activities.
M. Licensee shall mark the site of the installation of the 20" water pipeline with
markers acceptable to Licensor.
N. Licensee's installation of non-ferrous lines in the Right -of -Way shall require a
suitable means to facilitate future line location, such as metallic warning tape installed above the
line and registration with UNCC-Colorado 811.
O. Licensee shall preserve or replace all survey monuments or benchmarks at
each work site Licensee shall hire a Registered Land Surveyor to replace destroyed monuments
or bench marks, as well as to preserve such monuments or benchmarks.
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P. All road bores shall be at a minimum depth of 4 feet plus the diameter of line
below the lowest point of the Right -of -Way. All underground facilities that parallel the road
centerline shall have a minimum of four (4) feet of ground cover.
Q. Licensor's Compaction Requirements:
(i) All compaction of backfills within road surfaces shall be in accordance with the
Weld County Engineering and Construction Criteria guidelines.
(ii) All backfills located within an existing asphalt surface or under asphalt not
currently in place but which will be as part of new road construction, must be compacted
using flow -fill cement in the upper three feet (3') of backfill.
(iii) 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. Licensor shall have the authority to determine what materials shall be discarded
and what materials shall be acceptable as replacement.
(iv) On gravel roads where excavation materials are stacked on the road surfaces, road
base of 900 tons of 3/4 inch Surface Gravel as specified in Chapter 7 of the Weld County
Engineering and Construction Criteria specifications for Surface Gravel per mile shall be
spread over the road surfaces 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 to coat the road surfaces and do not supersede any requirements
within the Right -of -Way Use Permit.
(v) Backfilling lifts greater than eight (8) inches, but not exceeding twelve (12)
inches, shall be permitted providing that Licensee has suitable equipment to properly
compact the depth of lift placed. Licensor shall determine if Licensee's equipment and
the depth of backfill lift is appropriate. Ninety-five (95%) percent 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 (85%) percent 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.
R. Licensee shall install any appurtenances, whether above or below ground, within
the boundaries of the Right -of -Way so that they do not obstruct maintenance operations within
any rights -of -way. Licensee shall adjust the location of said appurtenances, at its sole expense,
when requested to do so by Licensor.
S. The construction, operation, maintenance and repair of the 20" water pipeline
installed by Licensee, and all other improvements described in this License, shall be at its own
expense and without the aid or use of Licensor's funds, equipment, or materials.
5. Use of Contractor Following Licensor's approval of this License and the issuance of
a Right -Of -Way Use Permit, with the Licensor's written approval, Licensee may assign one or more of
the responsibilities enumerated in Paragraph 3 above to a contractor retained to perform some or all of
the construction required to install Licensee's facilities. However, if Licensee retains such a contractor,
Licensee shall remain responsible for said contractor's compliance with the terms of this License.
Furthermore, following Licensor's approval of this License, Licensee's contractor may be authorized to
utilize the Right -Of -Way Use Permit issued to Licensee.
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6. Hold Harmless/Indemnification. Except when caused by the negligence of Licensor,
Licensee shall indemnify and save harmless Licensor, its successors, assigns, employees, and agents
from any damage or loss sustained by them or any of them arising by reason of Licensee's negligence
with respect to the upgrade and maintenance of the Right -of -Way. Licensee further agrees to protect
Licensor and save and hold it harmless from any and all third party claims and damages that the
installation and/or maintenance of Licensee's facilities may directly or indirectly cause. Additionally,
Licensee releases Licensor, its successors, assigns, employees, and agents from any and all claims and
damages to property owned by Licensee resulting from any act, either on the part of the Licensor or on
the part of any third party.
7. Assignment. Following the issuance of the Right -Of -Way Use Permit, Licensee is
prohibited from assigning any or all of its rights under this License without first obtaining written
consent to such assignment from Licensor, which consent shall not be unreasonably withheld. With
Licensor's written approval, following the issuance of the Right -Of -Way Use Permit, Licensee may
assign one or more of the responsibilities enumerated in Paragraph 3 above to a contractor as set forth in
paragraph 5 above.
8. Entire 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 License 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.
9. Effect of Invalidity of Provision. If any term or provision of this License, or the
application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this License, 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 License shall be deemed valid and enforceable to the extent
permitted by law.
10. No Waiver of Governmental Immunity. 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 or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
11. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this License , and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this License shall give
or allow any claim or right of action whatsoever by any other person not included in this License. It is
the express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this License shall be an incidental beneficiary only.
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It is mutually understood and agreed that this License and all the terms and conditions hereof shall
extend to and be binding upon the parties hereto, their successors, and assigns.
EXECUTED IN DUPLICATE the day and year first above written.
LICENSOR: ATTEST: \V\\m-4.0, e aCtC- .`
WELD COUNTY Clerk to the Board
LICENSEE:
STATE OF COLORADO
) ss.
COUNTY OF Ce7\_��
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7
William F. Garcia, Chair
MAR 1 3 2013
FRONT RANGE RESOURCES, LLC, a Colorado
limited liability company
By: FRR Management, LLC, a Colorado limited
liabi ity company,�its miler
B
ark D. Sullivan, Manager
SUBSCRIBED AND SWORN before me this (o 1 'day of fl'\c'v cA,1 , 2013, by Mark D. Sullivan,
as Manager of FRR Management, LLC, a Colorado limited liability company, as Manager of Front Range
Resources LLC, a Colorado limited liability company, on its behalf.
Witness my hand and official seal.
My commission expires: CQL-t - I t t - v( (4
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EXHIBIT A
WELD COUNTY RIGHT-OF-WAY USE PERMIT
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970) 304-6496
After Hours: (970) 356-4000
Emergency Services: (970) 304-6500 x 2700
Inspection: (970) 304-6480
Permit Number: RW13-00096
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
Project Name: FRR Lost Creek Pipeline
Application Date: 03/07/2013
Applicant Information:
Name: Paull Nation
Company:
Phone:
Email:
Front Range Resources, LLC
303-376-9700
pnation@renewstrategieslIc.com
USR#:
Start date: 03/07/2013
Location: WCR: 67** Between:
Address:
Impacted Surfacels):
❑ Asphalt/Chip seal/RAP ❑Gravel O Treated Gravel
Use Type:
❑Communication
o Irrigation
Classification of Work:
❑ Abandonment O Misc. Occupation
❑Maintenance O Culvert Installation
Q New Service 0 Overhead Installation
O Electrica I
❑Storm Water
Q Gas/Oil
0 Misc
Permit fee: $0.00
Expiration date: 03/07/2013
Contractor Information:
Name:
Company:
Phone:
Email:
And:
James Eurich
Hydro Construction Co.
970-567-1599
jim@hydroconstruction.com
Subivision:
Outside Roadway O Other
Q Water Service 0 Sanitary Sewer
❑ Relocation
❑ Road Improvements
Q Underground Installation
Description of ROW use:
Installation of a 20" water pipeline in ROW along CR 67 and crossing CR 14, 16, and 18.
Restoration:
❑ Asphalt (HMA)
0 Structural Fill
Q Class 6 Road Base
O Flow Fill
❑ Fugitive Dust Chemical
Q Native Material
Weekend Hours Yes
Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK
Special Requirements
Pending Nonexclusive License Agreement
Legal: 22* / 2N* / 63W
❑ Potholing [(Other
❑ Tree Trimming
❑ Surveying
O Compaction Testing
Q Reseeding
❑ Mulching
O Erosion Control
O Other
'Approved by:
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Steve Moreno, Clerk and Recorder, Weld County, CO
■01 F1141NK P ,IN611,4 i W.P/r5PWZPi lwfl th Ill III
Weld County Public Works
3/11/2013 Date:
Rev. July 2010
Print Date -Time: 3/11/2013 8:39:19AM Report ID:
PW00001v003 Page 1 of 1
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South of St Hwy 52 all pipe to be in private
easements with the exception of two (2)
crossings of CR67.
Other portions of the line are also located in
private easements as depicted herein with only
1.5 miles of the line requested to run in Weld
County ROW.
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