HomeMy WebLinkAbout20131170.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES
AND AUTHORIZE CHAIR TO SIGN - NORTH WELD COUNTY WATER DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Relocation of Potable
Water Facilities 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 North
Weld County Water District, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Relocation of Potable Water Facilities 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 North Weld County Water District 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 May, A.D., 2013.
BOARD OF C TY COMMISSIONERS
WELD CO TY COLORADO
ATTEST:
(� s
Weld County Clerk to the Board
Deputy
APPRO -D
rk to the Boar
orney
Date of signature:
William F. Garcia,ZChair
EXCUSED
Douglas Rademacher, Pro-Tem
Sean P. Conway
XCUSED
ike Freeman
arbara Kirkmeyer
114 1psj �►�
2013-1170
EG0068
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: NWCWD Utility Agreement for WCR 23/SH 392 Intersection Improvements
DEPARTMENT: PUBLIC WORKS DATE: 5/01/13
PERSON REQUESTING: Wayne Howard. P.E. County Engineer
Brief description of the problem/issue:
The proposed road widening/improvements at WCR 23 and SH 392 will impact existing North Weld County
Water District (NWCWD) facilities currently located in existing SH 392 right-of-way. CDOT desires to
relocate these facilities to a new location which is not underneath the new SH 392 pavement limits. NWCWD
has agreed to perform this work at the project expense. This Utility Agreement entails reimbursement of the
estimated costs in the amount of $74,095.47.
The utility relocation costs associated with the project are eligible for reimbursement utilizing the approved
grant funds being administered by CDOT.
What options exist for the Board:
The Board can choose to sign or not to sign the attached Utility Agreement. The project cannot proceed without
relocating the NWCWD facilities to a new location which is not underneath the new SH 392 pavement limits.
If the Utility Agreement is approved, NWCWD will perform the relocation work shortly afterwards. The
potable water facilities will be relocated into recently acquired additional S11392 right-of-way.
Recommendation to the Board:
Public Works recommends signing the Utility Agreement with NWCWD.
Approve Schedule
Recommendation Work Session Comments
William F. Garcia, Chair
Douglas Rademacher
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
LA.()
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Attachments: Contracts/Agreements checklist for WCR 23/SH 392 Intersection Improvements.
NWCV/D Utility Agreement for WCR 23/SH 392 Intersection Improvements.
2013-1170
WCR 23 and SH 392 Intersection Improvements
Contract/Agreements Checklist
Last Update 5/01/13
1.) Contract Name: CDOT IGA Complete x Yes I CTB Document No.: 2011.0301
Contract Description: IGA between Weld and CDOT to accept the state and federal grant funds. Design phase
authorized funds = $300,000. Construction phase authorized funds = $2,327,000.
2.) Contract Name: Windsor Design IGA Complete x Yes CTB Document No.: 2011-0554
Contract Description: IGA between Weld and Windsor stipulating the cost sharing for the design services. Windsor
agrees to pay a portion of design costs in the amount of $25,000.
3.) Contract Name: Severance Design IGA J Complete x Yes I CTB Document No.: 2011-0555
Contract Description: IGA between Weld and Severance stipulating the cost sharing for the design services. Severance
agrees to pay a portion of design costs in the amount of $25,000.
4.) Contract Name: Muller Design PSA J Complete x Yes I CTB Document No.: 2011-1284
Contract Description: Design contract with Muller Engineering Company. Consultant selection made using the CDOT-
approved QBS process. Design contract original amount = $330,100.
5.) Contract Name: Severance Const. IGA J Complete x Yes J CTB Document No.: 2013-0282
Contract Description: IGA between Weld and Severance stipulating the cost sharing for the construction. Severance
agrees to pay a portion of the construction costs in the amount of $100,000.
6.) Contract Name: Windsor Const. IGA Complete x Yes I CTB Document No.: 2013-0409
Contract Description: IGA between Weld and Windsor stipulating the cost sharing for the construction. Windsor agrees
to pay a portion of the construction costs in the amount of $150,000.
7.) Contract Name: DCP Gas Utility Agreement I Complete x Yes CTB Document No.: 2013.0541
Contract Description: Gas line relocation agreement with requirements and cost reimbursement for relocating existing
facilities which conflict with the new roadway construction, in the amount of $72,324.20.
8.) Contract Name: Muller Change Order No.1 I Complete x Yes I CTB Document No.: 2011-1284
Contract Description: Change order to Muller Engineering design contract related to additional services for CDOT
historical clearances, in the amount of $12,002.
9.) Contract Name: Matthews Easement I Complete x Yes CTB Document No.: 2013-1057
Contract Description: Easement purchase agreement with James and Margaret Matthews in the amount of $1,100.
10.)Contract Name: Tregoning R.O.W. I Complete x Yes I CTB Document No.: 2013-1058
Contract Description: R.O.W. and Easement purchase agreement with Merrill and Shirley Tregoning, and James and
Margaret Matthews (co -owners) in the amount of $8,700.
11.)Contract Name: Windsor LV Easement I Complete x Yes 1 CTB Document No.: 2013-1059
Contract Description: Easement purchase agreement with Windsor LV, LLC for a gas pipeline easement for DCP
Midstream gas relocation work in the amount of $2,750.
12.)Contract Name: Windsor LV R.O.W. I Complete x Yes CTB Document No.: 2013-1060
Contract Description: R.O.W. and Easement purchase agreement with Windsor LV In the amount of $123,689.
13.)Contract Name: Brier R.O.W. I Complete Yes 1 CTB Document No.: Pending
Contract Description: R.O.W. and Easement purchase agreement with Matthew and Melanie Brier in the amount of
$46,816.
14.)Contract Name: Jarboe Easement I Complete Yes CTB Document No.: Pending
Contract Description: Easement purchase agreement with George and Jenny Jarboe in the amount of $328.
15.)Contract Name: Hand Easement I Complete Yes I CTB Document No.: Pending
Contract Description: Easement purchase agreement with Joel and Amber Hand in the amount of $500.
WCR 23 and 5H 392 Intersection Improvements
Contract/Agreements Checklist
Last Update 5/01/13
16.)Contract Name: Windsor LV II Easement I Complete Yes I CTS Document No.: Pending
Contract Description: Easement purchase agreement with Windsor LV II, LLC in the amount of $300.
17.)Contract Name: Xcel HP Gas Agreement (Complete Yes I CTB Document No.: Pending
Contract Description: Gas line relocation agreement for requirements and stipulation the cost reimbursement for
relocating existing facilities which conflict with the new roadway in the amount of $175,000.
18.)Contract Name: NWCWD Agreement I Complete Yes I Cr8 Document No.: Pending
Contract Description: Water line relocation agreement for requirements and stipulating the cost reimbursement for
relocating existing facilities which conflict with the new roadway in the amount of $74,095.47.
19.)Contract Name: Construction Services PSA I Complete Yes I CTB Document No.:
Contract Description: Engineering consultant contract for construction inspection and materials testing. Consultant
selection made using the Qualification Based Selection (QBS) process.
20.)Contract Name: Construction Agreement I Complete Yes I CTB Document No.:
Contract Description: Low bid construction contract agreement with a General Contractor. Requires concurrence to
award from CDOT Contracts Branch.
Contract Name: I Complete Yes I CTB Document No.:
Contract Description:
MEMORANDUM
TO: Clerk to the Board DATE: May 9, 2013
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
Utility Agreement with North Weld County Water District (NWCWD) for the CR 23/Hwy 392
intersection project, in the amount of $74,095.47.
Attached are two duplicate original agreements.
Please return one signed original agreement to the Public Works Department.
M:\nncie\Agend.MllkcBeidl-Ldocx
AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES BETWEEN
NORTH WELD COUNTY WATER DISTRICT AND WELD COUNTY, COLORADO
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THIS AGREEMENT, made by and entered into this �day of /%" , 2013,
by and between NORTH WELD COUNTY WATER DISTRICT, a statutory special district
formed under the laws of the State of Colorado, and a quasi -municipal corporation with its office
located at 32825 County Road 39, (and mailing address of PO Box 56), Lucerne, Colorado
80646, (hereinafter called "NWCWD") and WELD COUNTY, COLORADO, a political
subdivision of the State of Colorado, by and through the Board of County Commissioners of the
County of Weld, at P.O. Box 758, 1150 "O" Street, Greeley, CO 80632 (hereinafter called
"County").
WITNESSETH:
WHEREAS, for the safety of the travelling public, County has initiated a road
improvements project at the intersection of Weld County Road 23 and State Highway 392,
(hereinafter known as "Project") and
WHEREAS, the completion of the Project requires that NWCWD relocate certain
underground pipeline, and associated appurtenances, (hereinafter referred to as the "NWCWD
facilities"), and
WHEREAS, County has agreed to pay for the relocation of the NWCWD facilities, as
described and identified in the Scope of Work and summary of estimated expenses prepared by
NWCWD on July 18, 2012, (a copy of which is attached hereto and made a part hereof as
"Exhibit A"), and
WHEREAS, in exchange for County's payment of the relocation expenses, NWCWD is
willing to assist in the Project and to relocate the NWCWD facilities,
WHEREAS, the parties agree that the NWCWD facilities are currently located within
the Project area, and specifically within the Colorado Department of Transportation, (hereinafter
referred to as "CDOT") right-of-way, and will be relocated to new location within new CDOT
right-of-way, as illustrated and described in the Project Drawings, five (5) pages of which are
attached hereto and made a part hereof as "Exhibit B").
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. NWCWD RESPONSIBILITIES
1. NWCWD Facilities Relocation: NWCWD shall remove and relocate
approximately Two Thousand Nine Hundred Thirty (2,930) feet of pipeline as illustrated and
described on pages 1-5 of Exhibit B. In addition, NWCWD shall relocate four (4) water service
meter pits, and tap. All work necessary to accomplish the NWCWD facilities relocation shall be
performed in accordance with NWCWD specifications, in accordance with accepted engineering
c2C/3-i/SG)
practices, and in compliance with all applicable Weld County, State of Colorado and Federal
laws, rules and regulations. The parties agree that the relocation activities will take place solely
within the right-of-way controlled by CDOT.
2. Compliance with CDOT Standard Utility Agreement Requirements:
NWCWD shall execute the Standard Utility Agreement which CDOT requires of all utilities
which are located in its right-of-way, and agrees that it will follow all CDOT directives and
requirements.
3. Timing of Facilities Relocation: NWCWD, (or the contractor engaged to
perform the relocation of the NWCWD facilities), shall relocate said facilities on or before July
19, 2013, unless otherwise agreed to in writing by the parties.
II. COUNTY RESPONSIBILITIES
1. Estimates of Relocation Expenses: County has agreed to reimburse
NWCWD for the expenses incurred by NWCWD in accordance with the relocation or its
facilities as set forth in Exhibit A, Estimate of Costs.
2. Increases/Decreases in Estimated Expenses: NWCWD has estimated the
total cost of said relocation to be Seventy -Four Thousand Ninety -Five and 47/100 Dollars
($74,095.47), which includes specific work outlined in Exhibits A and B. If final actual costs of
relocation of the NWCWD Facilities are less than the estimated amount, NWCWD shall invoice
the County for the actual costs. If the final relocation costs exceed the attached estimate, County
shall pay those expenses for which it believes it has responsibility.
3. County's Right to Terminate: The County may terminate this Agreement
at any time prior to the commencement of relocation activities by NWCWD. In such an event,
the County shall pay NWCWD for all expenses which may theretofore have been incurred by
NWCWD for engineering, for materials and equipment purchased or ordered, prior to the date of
termination.
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 or its designee.
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.
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
2
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. Time of the Essence: Time is of the essence in each and all of the provisions
of this Agreement.
5. Fund Availability: This Agreement assumes that the relocation of the
NWCWD Facilities will be completed on or before the end of the County's 2013 fiscal year.
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.
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.
7. Attorneys Fees/Legal Costs: In the event of a dispute between County and
NWCWD, concerning this Agreement, the parties agree that Weld County shall not be liable to
or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of
NWCWD.
8. Subrogation Waiver: All insurance policies required to be maintained
under the terms of this Agreement or which are in any way related to this Agreement which are
secured and maintained by NWCWD shall include clauses stating that each carrier shall waive
all rights of recovery, under subrogation or otherwise, against Weld County, its officers,
employees, agents, or volunteers.
9. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-
101 et seq., as applicable now or hereafter amended.
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.
NORTH WELD COUNTY WATER DISTRICT
By: n'i u r33A-iz.
Don Posselt, District Manager
5////3
Date
3
ATTEST`g'~
Weld County Clerk to the Board
St4iQb aeJ
By:
Deputy Cle to the Bo
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
William F. Garcia, Chair
MAY 1 3 2013
4
BOARD OF DIRECTORS
CHARLES ACHZIGER
GENE STILLE
GARY SIMPSON
TODD BEAN
ROBERT ARNBRE-CRT
April 25, 2013
Weld County Public Works
Attn: Mike Bedell
1111 H Street
PO Box 758
Greeley, CO 80631
EXHIBIT
A
2 pages
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 • LUCERNE. CO 00646
DON POSSELT, DISTRICT MANAGER
P O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
www.nwcwd.org • email: waterensos d org
RE: Scope of Work to relocate existing water main along HWY 392 and CR 23 Intersection.
As part of the project to improve the intersection of HWY 392 and CR 23, North Weld County
Water District will need to relocate its' existing water main from approximately STA 113+00 to
STA 135+30. The following is a description and list of items to be relocated:
• 4 Water Meters to be relocated
• 215 LF of 1" Water Service to be installed
• 2,420LF of 4" PVC Watermain to be installed
• 180 LF of 4" PVC within a 12" Steel Casing
• 100 LF of 12" Bore under HWY 392
• 3 Connections to Existing Watermain
• 6 Isolation Valves
• 2 Blowoff Hydrants
• 4 Tees and 8 bends for Horizontal and Vertical Deflections to avoid other utilities
The District has estimated this work to cost $74,095.47 and is anticipating construction to begin
in July of 2013.
If you need any additional information or have questions, please contact me at (970) 301-0985.
Sincerely,
Alan Overton, P.E.
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BOARD OF DIRECTORS
CHARLES ACHZIGER
GENE STILLE
GARY SIMPSON
TODD BEAN
ROBERT ARNBRECHT
July 18, 2012
Weld County Dept. of Public Works
Attn: Mike Bedell
1111 H Street
P.O. Box 758
Greeley, CO 80632
Service Address:
Account #:
Invoice Number:
NORTH WELD COUNTY WATER DISTRICT
32825 CR 39 • LUCERNE. CO 80646
DON POSSELT. DISTRICT MANAGER
P O. BOX 56 • BUS: 970-356-3020 • FAX: 970-395-0997
www nwcwd org • e -mad: walar@nwcwd.org
Hwy 392 P. WCR 23 Intersection Improvements
CDOT Project
Date:
Description
Unit Price
Amount
Meter Pit Assembly
$ 1,412.62
Tap and Service Materials
$ 697.22
Distribution Pipe Materials and Appurtenances
$ 13,67413
Installation
$ 27,200.00
HWY 392 Bore / Casing Pipe I Subcontractors
$ 31,111.50
Total Due: $ 74,095.47
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