HomeMy WebLinkAbout20133288.tiffRESOLUTION
RE: APPROVE BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 41/48B AND
AUTHORIZE CHAIR TO SIGN - UNION DITCH COMPANY
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 Bridge Construction Agreement for
Bridge 41/48B 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 Union
Ditch Company, P.O. Box 445, Greeley, Colorado 80632, 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 Bridge Construction Agreement for Bridge 41/486 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 Union Ditch Company, 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 27th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld Count Clerk to the Board
BY:
APP
DEC 0 6 2013
Date of signature:
ou y Attorney
William F. Garcia, Chair
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Dougla Rademacher, Pro-Tem
an P. Conway
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Freeman
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arbara Kirkmeyer
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2013-3288
EG0068
RECEIVED
WELD COUNTY
COMMISSIONERS
MEMORANDUM
TO: Clerk to the Board DATE: November 25, 2013
FROM: Wayne Howard, P.E., Public Works Department
Richard White, P.E., Public Works Department
SUBJECT: BOCC Agenda
Bridge Construction Agreement with Union Ditch Company for Bridge 41/48B. Union Ditch
Company will not invoice for realignment of canal improvements, related appurtenances, head
gate, and diversion structures.
Enclosed are two original, duplicate agreements. Please return one sign original agreement to
Public Works.
Enclosures
cc: Stephanie Arries
M:\Francie\AGENDA memos \ AgendaRichardWayne , dcex
2013-3288
BRIDGE CONSTRUCTION AGREEMENT
UNION DITCH COMPANY
AND WELD COUNTY COLORADO
THIS AGREEMENT is made this o?2 day of /144/ , 2013, by and between
Union Ditch Company, whose address is P.O. Box 445. Greeley. Code gafter referred to
as "Company," and 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."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild/construct/improve Weld County Road
41 , (hereinafter referred to as "WCR 41 ", which will involve said road's realignment/
construction, as well as the construction of Weld County Bridge Number 41/48 B (hereinafter
referred to as "WCB 41/48 B")], (collectively, the construction of the road and bridge are
referred to as "the Project"), and
WHEREAS, Company is the owner of that certain right-of-way within which lies all
canal improvements and related appurtenances, as well as headgate and diversion structures,
(hereinafter referred to as "the Canal"), and
WHEREAS, County and Company acknowledge Company's Canal lies within the area of
County's Project at the following location: WCR 41 Crossing of the Union Ditch .5 miles south
of WCR 50, east of La Salle, Co. (A copy of said location information is attached hereto and
made a part hereof by this reference as Exhibit A, see longitude/latitude designated on exhibit),
and
WHEREAS, Company and County recognize that County has a statutory obligation to
maintain its roads and bridges to protect the safety of the travelling public and that Company also
has legal obligations to deliver water to its shareholder/members, and
WHEREAS, Company agrees that County has designed WCB # 41/48 B to accommodate
the current average water capacity of the Company's canal, as reflected in the construction and
design drawings, a copy of which are attached hereto and made a part hereof by this reference as
Exhibit B, and
WHEREAS, each party desires to cooperate in a manner that permits each to meet its
obligations.
NOW, THEREFORE, in consideration of the promises and covenants expressed herein,
the parties mutually agree as follows:
Pagel of 7
ox/3- 3a18
4
I. COMPANY'S RIGHTS AND RESPONSIBILITIES:
1. Construction and Design Drawings: Company and County acknowledge
that each has had the opportunity to provide input into the design of the Project, and that Exhibit
B is representative of the collaborative design efforts of the parties. In the event that during
construction County discovers unanticipated conditions, County shall notify Company of the
need for design changes. The revised drawings, plans and/or specifications shall be attached
hereto and made a part hereof as Exhibit B (1).
2. Construction of Project: Company hereby grants permission to County to
construct WCB # 41/48 B in accordance with the Exhibit B drawings and thereafter maintain said
bridge, within the area occupied by the Canal, as described and illustrated in the construction and
design drawings reflected in Exhibit B.
3. Grant of Right of Ingress & Egress: Company hereby grants to County
the right of ingress and egress to and from the Project and across the Canal property, as
necessary and reasonable for the exercise of the purposes of this Agreement.
4. Company's Field Inspections: Company shall conduct field inspections at
the initial stage of planning and within three (3) business days of County's notification to
Company that construction has been substantially completed. In addition, in Company's
discretion, field inspections may be conducted during the construction of the Project. Company
shall notify County in writing of all necessary corrective work it deems necessary within three
(3) days of such field inspections. Such corrective work shall be completed promptly at the sole
expense of County. Failure of Company to notify County of the need for corrective work within
three (3) business days of Company's inspection, shall be deemed to constitute Company's
acceptance and approval of the construction of the Project through the date of that inspection.
5. Company's Present and Future Rights to Maintain Canal: Company has,
and shall continue to have full power to operate, maintain, alter, enlarge, relocate, clean and
manage the Canal as if this Agreement had not been made, except to the extent that Weld County
right-of-way for WCR 41 and the WCB # 41/48 B may be damaged by Company's activities or
negligence in conducting said activities. It is specifically agreed that normal maintenance and
repair activities, including the operation of machinery for such purposes upon the canal right-of-
way and within the canal itself, shall not constitute negligence. In the event, however, that any
such activity on the part of the Company could reasonably be expected to damage County's
bridge, road or right-of-way, Company agrees to give prior notice to County, and to cooperate
with County to avoid said injuries or damages to the County's bridge, road and/or right -of way,
and this Project.
6. Emergency Repairs: In the event Company finds it necessary to perform
emergency repairs to the canal, either during County's construction of the Project or at any time
in the future, and such activity causes damage to County's bridge, road, right -of way and/or
Project, Company shall be without liability for damages to County as the result of the
performance of such repairs, except as to such damage caused by Company's negligence. If
Company determines that emergency repairs to the canal must be made, which repairs are caused
by the acts or omissions of County in constructing or maintaining the Project and/or culvert,
Page 2 of 7
Company shall notify County of the need for such repairs; if County is able to conduct such
repair work, it will so notify Company immediately, and will commence said repairs within a
time period agreed to by Company. If County is unable to undertake said repair work within a
time period to which Company agrees, and Company expends any sum for said emergency
repairs of the canal, Company shall notify County of the expenditure, submit documentation of
the expense incurred and, subject to the approval of and appropriation of funds by the Weld
County Board of Commissioners, County shall reimburse the Company for any reasonable
expense.
7. Flow of Water During Construction of Project: In order to ensure the safety
of those involved in the construction of County's Project, and in order to allow County to take
necessary steps to facilitate the uninterrupted free flow of water through the canal, Company
agrees to notify County personnel, pursuant to the notice requirements of this Agreement of a
release of water the canal. During County's construction of the Project, Company agrees to
provide notice to County immediately following its receipt of permission to flow water.
Immediately following its receipt of such notice, County shall make provisions to allow the free
flow of water through the canal, as soon as reasonably possible.
8. Acceptance of Drainage Water: Company agrees that it will accept the
historical flows from the County's right-of-way, normally conveyed in a roadside ditch. County
agrees that it will construct the entrance of the historical flows into Company's canal in a manner
designed to prevent erosion or damages to the canal banks.
II. COUNTY'S RIGHTS AND RESPONSIBILITIES
1. County's Right of Ingress & Egress: County has the right of ingress and
egress to and from the Project and across the Canal property, as necessary and reasonable for the
exercise of the purposes of this agreement.
2. County to Provide Notice of Work: All work shall be performed only
after prior notice and submission of plans and specifications to Company's superintendent, after
such engineering and legal consultation as Company considers necessary, following the approval
of the same by Company. Such approval shall not be unreasonably withheld or delayed.
3. County's Construction Responsibilities: County agrees to construct the
Project, and thereafter maintain it in such a manner as to avoid damage to the canal, particularly
the embankments and access thereto, and to avoid interference with the flow of water through the
canal. Any damage to the canal caused by County's construction of the Project, including
damage to the canal's embankments and facilities appurtenant to the canal, shall be addressed as
follows: (1) If Company determines that repairs to the canal must be made, which repairs are
caused by the acts or omissions of County in constructing or maintaining the Project and/or
culvert, Company shall notify County of the need for such repairs; (2) If County is able to
conduct such repair work, it will so notify Company immediately, and will commence said
repairs within a time period agreed to by Company; (3) If County is unable to undertake said
repair work within a time period to which Company agrees, and Company expends any sum for
said repairs of the canal, Company shall notify County of the expenditure, submit documentation
of the expense incurred and, subject to the approval of and appropriation of funds by the Weld
Page 3 of 7
County Board of Commissioners, County shall reimburse the Company for any reasonable
expense.
4. Historical Drainage Patterns: Company and County agree that the design
of the project, as reflected in Exhibit B, is expected to preserve historical drainage patterns, and
both parties believe that said design shall, therefore, preserve the integrity of Company's
facilities. However, in the event that historical drainage patters are altered by construction of the
Project, and adversely impact Company, County agrees to correct those characteristics of the
Project which created the adverse impact.
5. Flow of Water During Construction of Project: It is a primary goal of County
in the construction of this Project, not to interrupt the flow of water through Company's canal.
To that end, County agrees that absent accidents involving third parties, or force majeure, as
described in Paragraph III.12 herein, County will not interrupt the flow of water through
Company's canal. Additionally, Company has advised County that water is generally run
through its canal at the following times: MARCH through NOVEMBER, 2013. Therefore, the
parties have agreed that the construction of the Project shall take place at a time when water is
not expected to flow through the canal; therefore, the parties agree that construction shall take
place between JANUARY 1st, 2014 and MARCH Is`, 2014. As the parties are aware that water
could be transferred through the canal for a variety of reasons at any time during the construction
period, Company has agreed to provide notice to County immediately following Company's
receipt of permission to flow water. Immediately following its receipt of such notice, County
shall begin the removal of its equipment, materials and/or personnel from the canal site in order
to allow the free flow of water through the canal, as soon as reasonably possible. Notice of the
release of water by Company shall be given to each of the persons named in accordance with the
provisions of paragraph III.13.
6. Repair and Maintenance of Project After Construction: All post -construction
repairs, replacements or maintenance of the Project by County which could impact Company's
use and operation of the canal shall, in the absence of an emergency, be undertaken during a
period when the canal is not being used to carry water, and such work shall be completed before
that use begins. County agrees to notify Company of the need to repair, replace or maintain the
Project and Company agrees to provide County with a flow schedule which will allow County to
perform its work when the Canal is not expected to be used to carry water. In the event of an
emergency situation caused by an immediate and unforeseen incident causing damage to WCB
# 41/48 A which creates a danger to the travelling public, County agrees to immediately notify
Company of the need to conduct such repairs, and to the extent possible, Company agrees to
cooperate to allow County to complete said repairs
7. County's Responsibilities Following Construction and/or Repair=
Replacement and Maintenance: Upon County's completion of construction of the Project,
and following any later repair, replacement and/or maintenance activity related to the Project,
which takes place upon the canal easement, County agrees to clean the canal and canal bank area
in order to place it in the same or better condition than it was before the activity began.
8. Payment of Administrative Fee: County [shall pay] or [has paid] an
administrative fee to Company in the amount of Zero Dollars ($0.00). County agrees that the fee
is reasonable and represents a fair and appropriate payment to Company for the time expended
Page 4 of 7
by its officers and/or employees in entering into this Agreement, and for all activities it must
undertake in the performance of its obligations under this Agreement.
9. Legal/Engineering Expense Reimbursement: County agrees to reimburse
Company for all reasonable legal and/or engineering costs incurred by Company for the legal
review of this Agreement and for the professional engineering review of the Project's design, not
to exceed a total of Zero Dollars ($0.00).
III. MISCELLANEOUS
1. 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.
2. Agreement Binding: This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall
be binding upon said parties their officers, employees, agents, and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties. This Agreement may be assigned by County to another governmental entity who by
annexation or other governmental action assumes jurisdiction over the Project, without the
written consent of Company. Company agrees to notify County of its intent to assign this
Agreement in order that it may take such formal action for ratification as may be required by its
Board of County Commissioners.
3. 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.
4. Fund Availability: County has budgeted the funds required to perform its
obligations under the terms of this agreement, and assumes that all expenses it is required to pay
will be expended within the current calendar year unless otherwise stated. Financial obligations
of the Board of County Commissioners of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By execution of this Agreement, County does not warrant that funds will be available
to fund this Agreement beyond the current fiscal year.
5. Time of the Essence: Time is of the essence in each and all of the provisions
of this Agreement.
6. 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.
Page 5 of 7
7. Choice of Law: 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.
8. Attorneys Fees/Legal Costs: In the event of a dispute between County and
Company, concerning this Agreement, the parties agree that neither party shall be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the
other party.
9. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, by either party, 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. Entire Agreement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this Agreement.
This instrument supersedes all prior negotiation, representation, and understanding or agreements
with respect to the subject matter contained in this Agreement. This Agreement may be changed
or supplemented only by a written instrument executed by both parties.
11. Compliance with Laws: The parties agree that each shall comply with all
applicable federal state and local laws. Ordinances and rules in connection with the construction
and/or maintenance of the Project, that each shall obtain such permits and/or approvals required
by applicable governmental entities in connection with the construction and/or maintenance of
the Project and shall take such affirmative and/or remedial actions required by such entities.
12. Interruptions: Neither party to this Agreement shall be liable to the other
for delays in performance or a 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.
13. Notices: Any notice required or permitted hereunder shall be deemed
effective when transmitted by facsimile to the numbers provided below or when deposited in the
United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the
party to whom notice is to be given, as follows:
Notice to County:
Weld County Public Works
Attn: Richard White, P.E.
Email: rdwhite@co.weld.co.us
Fax No: 970-304-6497
P.O. Box 758
1111 H Street
Greeley, CO 80632
Weld County Public Works
Attn: Mike Eagleson, Foreman
Email: meagleson@co.weld.co.us
Fax No: 970-304-6497
P.O. Box 758
1111 H Street
Greeley, CO 80632
Page 6 of 7
Notice to UNION DITCH Company:
Name: Donna L. Coble, Secretary
Email: ditchoffice@gwestoffice.net
Fax No: 970-354-9704
Address: P.O. Box 445
Address: Greeley, CO 80632
*In the event that County or Company designate another individual(s) to receive notice, or
change the address or facsimile number listed above, the other party shall be notified in writing
of the new information. The failure to provide new or corrected information shall release the
other party of all responsibility for any losses suffered by the party failing to provide the new
information.*
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be
deemed an original, on the date first written above.
UNION DITCH COMPANY
By:
Name (Printed):
Title:
President
Al I EST:
Weld County Clerk to dBand
e Board
November 2, 2013
Date
BOARD OF COUNTY COMMISSIONERS
WELD CQYJIfTY, COLORADO
;//,,,m aardsiGChair
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NOV 2 7 2013
Page7of7
90/ -Sage
1 _11:2_1 -
UNION DITCH - WCR41/48 B
OVERTOPPING OF EXISTING BANK
AT DIVERSION STRUCTURE ELEV. 4681.36
NORMAL WATER ELEV. 4680.08
I
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I
SECTION A -A
PROPOSED CBC OPENING
3FTx12FT=36 SO FT
NOT TO SCALE
EXIST G STRUCTURE in
BE
REPL ED WITH A PRECAST
CONC TE BOX CULVERT (CBC)
THAT 1 3 FT TALL. 12 FT WIDE. AND
35 FT L NG
DOWEL WINGWALL- -----
INTO EXISTING
CONCRETE
I- EXISTING BRIDGE -'
BRIDGE LIDCATION
40'20'29.46" N 104"40'40.01s W --
EXISTING BRIDGE OPENING
2.15 FT x 9.97 FT = 21.4 SO FT
PROPOSED
WING'vVALLS
UNION DITCH
4670
20
NOT TO SCALE
PROPOSED 1;'INGWALLS
PROPOSED GUARDRAIL
Bridge WCR 41/48 B Project Description
Weld County Bridge Number WCB 41/488 is planned to be removed and replaced with a new precast concrete box
culvert (CBC). WCR 41/486 is the southerly of two bridges at this location and crosses the Lower Latham Canal. The
computer program used to analyze flows was Federal Highway HY8 -7.1.0.
WCB 41/48 A — CROSSING AT THE LOWER LATHAM CANAL
The existing bridge was analyzed to determine the existing flow. The existing bridge is 10.46 ft wide, 20 ft in length. The
existing bridge has a 2.15 ft vertical opening. The proposed CBC will have a 3 ft vertical opening and be 35 ft in length
and be 12 ft wide. The flow through the existing bridge is as follows:
• 11.00 CFS at normal water mark, 4680.08 ft elevation
• 45.17 CFS at overtopping of canal banks, 4681.36 ft elevation
The proposed concrete box culvert (CBC) has been designed to pass the normal flow with 1.10 ft of free board. The
height of the new CBC, 4680.99 ft elevation, is being dictated by the vertical alignment of the roadway, the top of the
existing CBC opening is at elevation 4681.18 and the top of wing walls at the CBC will be constructed at this elevation.
The flow rates and other data for both existing and proposed conditions are as follows:
WCB 41/48 B SUMMARY TABLE
DATA
EXISTING BRIDGE
PROPOSED CBC
WIDTH
10.46 FT
12 FT
HEIGHT
2.15 FT
3 FT
AREA
21.4 SQ FT
36 SQ FT
LENGTH OF STRUCTURE
20 FT
35 FT
SLOPE OF DITCH
.217%
.0665%
EFFECTIVE HEIGHT (USED IN CALCS)
1.54 FT
2.52FT
FLOW LINE ELEVATION
4678.39 FT
4678.13 FT
FLOW AT NORMAL DEPTH
(ELEVATION = 4680.08 FT)
11.0 CFS
25.0 CFS
FREE BOARD AT NORMAL DEPTH
0.8 FT
1.10 FT
FLOW AT OVERTOPPING OF CANAL
(ELEVATION = 4681.36) (AT
DIVERSION STRUCTURE)
45.17 CFS
72.0 CFS
FLOW WHEN STRUCTURE IS FULL
38.50
64.75 CFS
DECREED FLOW
N/A
N/A
NOTES:
• No work will be done to the diversion structure upstream of the proposed concrete box culvert.
• All work will be coordinated with Lower Latham Canal company staff.
• Wing Walls will transition smoothly to tie-in with existing canal company facilities.
• Weld County intends to acquire additional Right -of -Way from Lower Latham Canal Company to facilitate future
maintenance of WCR 41 and new bridges.
EXHIBIT B
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