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Home My WebLink About20122904.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF WATER PIPELINES BENEATH COUNTY ROAD 68 AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC. 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 Water Pipelines Beneath County Road 68 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 Noble Energy, Inc., 1625 Broadway, Suite 2200, 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 Water Pipelines Beneath County Road 68 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 Noble Energy, Inc., 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 15th day of October, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • • ATTEST: GYhMJ1r .='•�R�•: �eLLee`` Sean P. air Weld County Clerk tot �' :o�� • � /' �, l.. MI 1/42 Willi F. Garcia, Pro-Te BY: '47n` Deputy Clerk to the ai Kirkmeyer APP' ' . A: .l FP 'M:`r David E. Long ddd nty 'rtorney EXCUSED Douglas Rademacher Date of signature: ��02 - /#24a;rti 2012-2904 yeA. 6V/a L 0> -2- 2C1a) EG0066 rgbr MEMORANDUM 1 GpuNTY1 TO: Clerk to the Board DATE: October 11, 2012 FROM: Amy Burry, Public Works SUBJECT: Agenda Item-Nonexclusive License Agreement Please submit the enclosed items for the next agenda: Nonexclusive License Agreement with Noble Energy, Inc.,for the installation of 12" and 24" water pipelines across CR 68. This is for the transport of fresh water for fracking purposes. The original documents are being hand delivered. pc: Janet Carter Francie Collins 2012-2904 NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF 12" and 24" WATER. PIPELINES BENEATH CR 68 THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of , 2012,by and between the Board of County Commissioners of Weld County, Colorado, (hereinafter "Licensor"), whose address is 1150 O Street, Greeley, Colorado 80631, and Noble Energy. Inc., (hereinafter "licensee"), whose local address is 1625 Broadway, Suite 2200. Denver,Colorado. 80202. W1TN ESSETI-I: 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 application which includes a legal description and map), which are attached to this Nonexclusive License Agreement and incorporated herein by reference. (hereinafter referred to as"Property''). 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 Property. and WHEREAS, Licensee desires to construct, operate maintain, and repair new 12"-2-I" water pipelines. under, and/or along portions of the Property. as more particularly described on Exhibit A and WHEREAS, Licensor desires to grant Licensee a non-exclusive license (hereinafter referred to as "License"). to allow Licensee to construct. operate maintain. and repair the new 2"-24" water pipelines in, under. and/or along portions of the Property. 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 with respect to such interest as Licensor may have in the Property. a non-exclusive License to construct, operate maintain, and repair 12"-24" water pipelines in, under. and/or along portions of the Property, subject to the following terms and conditions: I. Licensor`s Limited Interest in Property. Licensor owns a limited interest in the Property and therclure, does not warrant 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 right-of-ways. Therefore, Licensee shall obtain from the fee title ownerfs) of the Property or others having proprietary interests in the Property such authority or rights as Licensee may need, in addition to this License for Licensee's use of the Property. Licensee acknowledges and agrees that the authorization granted herein by licensor is subject to Licensee's securing much :nuhority or rights. 3885663 Pages: 1 of 10 11/01/2012 02:49 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder; Weld County. CO VIII '�Nlll Heidi ,VIICTO:1411147,1fMoil II III cpi2/ 2" y 2. Licensor's Rights. The parties to the License acknowledge and agree that the Property 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 Property as such. A. Subject to the right granted herein to Licensee, Licensor reserves the remaining use of the Property for existing and future construction, operation. maintenance, repair, replacement relocation and 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. Should this License he terminated for non-compliance by Licensee, any lines or facilities installed prior to the termination shall remain the responsibility of the Licensee and may he removed or maintained by Licensee at the sole discretion of Licensor. 3. Licensee's Responsibilities. Following the grant of the License herein is conditioned upon Licensee's and its contractor's compliance with the following requirements: A. A 'traffic Control Plan (TCP) must he submitted and approved prior to Licensee's commencement of work. Licensee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). naggers shall he provided at any locations where normal signing is not capable of handling the safe and orderly flow of traffic. B. 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 Licensee to stop work anytime Weld County believes that a violation of this Agreement has occurred or if there is a danger to the public safety if the work continues. C. In the event any changes are made to the roadway or its appurtenances within the right-of-way that would necessitate removal or relocation of the 12"-24" water pipelines installed or constructed herein, Licensee shall do so promptly at its own expense upon the request of the County. D. 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 Weld County 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 arc 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 3885663 Pages: 2 of 10 11/01/2012 02:49 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■III Ni� WVCOI �l X1111 policies. The following insurance policies and/or proof of self insured amounts shall be delivered to the Weld County Public Works Department: (1) Statutory Worker's Compensation. (ii) 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 (iii) 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 S1.000,000 E. Licensee shall be responsible I'm obtaining all other State, Federal, or Local permits that may be necessary for the work to be perfrmed. F. If determined necessary by I,icensor'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 I2"-24" water pipelines are to be installed or constructed. based upon current I..icensor's contract prices for the performance of such work. Said security shall remain in effect for a period of two (2) years alter inspection of completed construction by Licensor. Whether or not covered by a bond. Licensee shall reimburse Licensor any and all expenses incurred by Licensor within 2 years alter 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. (;. Licensor's Department of Public Works shall have the authority to suspend work. wholly or in part, because of the failure of Licensee to properly execute the work in accordance with this License. Notwithstanding the issuance of this License, Licensor reserves the right to make or to require Licensee to make any changes, additions, repairs or required relocation of any facilities within the 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. Licensee shall relocate its facility upon notification from Licensor of such activities. 1 I. Licensee shall report all emergency repairs to Weld County Public Works. Licensee shall utilize proper traffic control measures. Emergency repairs shall be made as soon as practicable after the Licensee is notified of the need for such repairs; but in no event shall such repairs he completed later than 24 hours after receiving such notification, excepting those repairs made necessary or occurring during,adverse weather events. 3 3885663 Pages: 3 of 10 11/01/2012 02:49 PM R Fee:$0.00 Steve Moreno. Clerk ano Redo-der We.d CO rimreNklg VinW14,ki 1I Ill I. Licensee or its contractor is responsible for locating all existing utilities. Contact the Utility Notification Center of Colorado at 811 or I-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 Property(right-of-way) once the construction is complete. J. 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. All damaged facilities are to be inspected by Licensor's Department of Public Works before being concealed in any manner. Drainage and barrow ditches are to be restored to original condition immediately after backfilling is completed. It is the duty of Licensee to anticipate all underground obstructions such as culverts, irrigation structures,drain lines,or utility lines. K. At the end of each day during the installation and construction Licensee shall observe the Ibllowing requirements: (i) All materials shall be removed a minimum of ten feet (I0') front outside edge of the road shoulder; (it) All excavations upon the traveled portions of the right-of-way shall be back-tilled in accordance with the Compaction requirements set forth below unless otherwise approved by Weld County; (iii) All traffic signs must be in place per the approved Traffic Control Plan or in accordance with the Manual on Uniform Traffic Control Devices or removed or covered if not applicable to nightly activities. L. No cleated or track equipment may work on or move over asphalt surfaces without mats. M. Licensee shall mark the site of the installation of the 12"-24" water pipelines with markers acceptable to Licensor. N. The installation of non-ferrous lines in any right-of-way shall require a suitable means to facilitate future line location, such as metallic warning tape installed above the line. O. Licensee shall preserve or replace all survey monuments or benchmarks at each work site. If such monuments or bench marks are destroyed, Licensee shall hire a Registered Land Surveyor to replace destroyed monuments or bench marks. If Licensee chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land Surveyor to complete such preservation. P. All road borings shall be at a minimum depth of 1 feet plus 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 Jinn.(4) feet of ground cover. 4 3885663 Pages: 4 of 10 11/01/2012 02:49 Prl R Fee:$0.00 s: Cilec raiecielii4Cloi��L iiii 111 �Ill�ly�f Q. Compaction Requirements: (i) All compaction of backiills and road surfaces shall be compacted in accordance with the latest edition of the Colorado Department of Transportation's -'Standard Specifications for Road and Bridge Construction" or Weld County Public Work Department's Design Criteria. (ii) All backiills located under an existing asphalt surface or under the asphalt not currently in place but will be as part of a new road construction, must be compacted using flow-1 ill cement in the upper three feet (3') ofbackftll. (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. Licensee 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 arc stacked on the road surfaces, road base of 900 tons of 3/4 inch crushed gravel meeting the Colorado Highway Department specifications for Class 6 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 arc to coat the road surfaces and do not supersede rmy requirements within the Right of Way Use Permit. (v) 13acktilling lifts greater than eight (S) 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 il' licensee's equipment and the depth of back fill 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 ol'the right- of-way. f:ighty-live (85%) percent of a standard proctor shall he required at any trench depth or in replacement of any materials off the traveled portions of the fight-ol-way. R. Licensee shall install manholes and other points of access to underground lines within the boundaries of the Property outside the normal wheel path of the roadway' so that they do not obstruct maintenance operations within the rights-of-way. Licensee shall adjust access points,at its sole expense. when requested to do so by Licensor. S. Licensee's Obligations Regarding Surveys: (i) All surveying performed within the boundaries of the Property shall be conducted with proper safety equipment and advanced warning signs; (ii) Surveying permit holders can be issued an annual permit. (iii) Any excavation within the boundaries of the Property will be backfilled with the same material or better than what was excavated. (iv) Licensor offers free monument boxes to Licensee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road. The boxes are located at Weld County Public Works Department. Licensee 5 3885663 Pages: 5 of 10 11/01/2012 02:49 PM R Fee:$0.00 Steve Moreno, C:erk and Recorder Weld County CO shall furnish the location of the section corners being preserved to the Surveying Section when obtaining monument boxes. (v) Licensee shall replace all lids on monument boxes when finished working for the day. If a lid is broken, a free replacement lid is available at Licensor's Public Works Department. T. Licensee's Obligations Regarding the Completion of Project and for Emergency Repairs: (i) Licensee shall place gravel on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material. Licensor shall determine the damaged areas, remedial work required, and timing of said work. (ii) Licensee 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. (iii) 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, Licensor may perform or contract such remedial work and Licensee shall pay for all work or forfeit its surety bond in order to pay for all work clone. 1. The construction. operation, maintenance and repair of the 12"-24" water pipelines installed by Licensee, and all other improvements described in this License. shall be at its own expen and without the aid or use of Licensor's funds. \'. Project Special Provisions may be attached to the approved Right-of-Way Use Permit,which inelude3 additional requirements. Licensee shall also he subject to the requirements and obligations imposed by the Right of t'r'ay Ilse Permit. Neither the Right of Way Use Permit.nor this License Agreement, are mutually exclusive, and shall be interpreted in concert with each other. 4. Indemnification. Except for 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 Property. 5, Hold Harmless. Except for the negligence of Licensor. Licensee agrees to protect Licensor and save and hold it harmless ti'onm any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause and hereby releases Licensor, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Licensee resulting from any act, either on the part of the licensor or on the part of any third party. (> 3885663 :49 PM Pages: 6 of 10 1 Re Fee:$00 S'1 eve/01/2012 Mcrenc. C:02erk and Recorder, W.el0d county,!, CCr+ :f Ui III 6. No Assignment. Licensee shall not assign 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. However, in the event Licensee contracts with a third party contractor to perform the work associated with the installation of the Project. said contractor is hereby authorized to utilize the Right-of-Way Use Permit issued to Licensee upon approval of this License as required by County. Following the issuance of the Right of Way Use Permit, with the County's written approval. Licensee may assign one or more of the responsibilities enumerated in Paragraph 3 above to said contractor. 7. 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. S. 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. 9. No Waiver of Immunity. No portion of this License shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this License be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this License. 10. 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 I.icense shall be an incidental beneficiary only. 3885663 Pages: 7 of 10 11/01/2012 02:49 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO En n KirIII IWO GieWICi�1�1C0II le,RI II III 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: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLOR O By: ------. c1 c-------- Sean P. Co Chair CT 1 5 2012 ATTEST: iYINtti '� 18. Clerk to the Boar / Visa 1/42 Deputy CI 361 111 7----?--2.------ - We °Linty Attorney LICENSEE: Noble Energy 1. It 9 lose_1 .,�.,i�zo 5C. Title: Attorney-In-Fact SUBSCRIBED AND SWORN to befhrc me this 1 day of OC 0bc(-1 , 2012. N\ I NIFS 'W1v J/tnd and official seal ,�EGER•!/yG o. ci ? Olk' v Notary Public � ,N4 eolnmissioti4Ti ijs: 5 _1�- 7.0l5 qp6 -F C° \\ 2y�'Nita�i Litt o��d''o LOr'g11s31On 0'P S 3885663 Pages: 8 of 10 11/01/2012 02:49 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII flPMIPdniihfOXIVWCI4M4T.fritN"111111 , C2/a-- 6?9e`, rxh/bof,4 WELD COUNTY RIGHT-OF-WAY USE PERMIT COWeld County Public Works Dept. 4,ti ?r>, Phone: (970) 304-6496 1111 H Street 3' After Hours: (970)356-4000 P.O. Box 758 -O• i 0) Emergency Services: (970)304-6500 x 2700 Greeley, CO 80632 G1 -.-y Inspection: (970)304-6480 4/�wp4 Permit Number: RW12-00375 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: $454.60 Project Name: Noble Water Line USR#: n/a Application Date: 09/12/2012 Start date: 11/01/2012 Expiration date: 01/11/2013 Applicant Information: Contractor Information: Name: Ryan Krosky Name: Dave Martin Company: Wells Trucking Company: Noble Energy Inc Phone: 970-371-4117 Phone: 970-589-6434 Email: ryankrosky@yahoo.com Email: Location: WCR: 68 Between: 69 And: 83 Address: Subivision: Legal: 14* / 6N / 63,62 Impacted Surface(s): ❑ Asphalt/Chip seal/RAP 2Gravel 0 Treated Gravel p Outside Roadway 0 Other Use Type: ❑Communication 0 Electrical 0 Gas/Oil p Water Service 0 Sanitary Sewer ❑ Irrigation ❑Storm Water p Misc Waterline Classification of Work: 0 Abandonment 0 Misc.Occupation 0 Relocation 0 Potholing pother OC CR 68 o Maintenance ❑Culvert Installation 0 Road Improvements 0 Tree Trimming p New Service 0 Overhead Installation RI Underground Installation 0 Surveying Description of ROW use: Installing Poly water line to each section of the Ranch to reduce oilfield traffic. 2-12"& 1-24" Restoration: ❑Asphalt(HMA) p Class 6 Road Base 0 Fugitive Dust Chemical p Compaction Testing 0 Mulching 0 Structural Fill ❑ Flow Fill p Native Material El Reseeding ❑Erosion Control p Other Remove Locates Weekend Hours No Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK Special Requirements Nonexclusive License Agreement 3885663 Pages: 9 of 10 11/01/2012 02:49 PM R Fe 00 Steve Moreno. Clerk and Recorder, Weld County CO �u r1Nf91liPififilitt fili,TWIvE Siu 1I Approved by: Weld County Public Works Date: 10/11/2012 Rev. July 2010 Print Date-Time: 10/11/2012 4:10:12PM Report ID: PW00001v003 Page 1 of 1 - - — - tip f , _ ' ' { 2 . \ mac \ - - - - Re I SS / L. . / 1 v g [ . : \ \ ; \i - - : °toa : E ^/ ; \ I■ . $- _ - - - . c•A 71 - \- •x w_ • . !� � - - - ®, . , x coSZ■ �IN \ . \ / \ - ) / [ - -/\ \ - - - \ 4 §e c . . ' \ ki \ - i t 11 � . . - - -- �\ %. . - / ,\| : / < § j] § \ \ t -\ i ' ft? ` ? / \-- i • ■ ;{ ` &\ \ ° I 1 r \ % . \fir' ` ©--' « - - - i - i ~\\ 'a \ - , \A \ i. .0 , \ - - m «\& 6 Hello