HomeMy WebLinkAbout20110783.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES AND
AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION
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 Electrical
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 Poudre Valley
Rural Electric Association, commencing upon full execution,with further 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 Electrical 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 Poudre Valley Rural Electric Association 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 23rd day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL.RADO
ATTEST: • " A , L- a ��
rbara Kirkmeye •hair
Weld County Clerk to the ' RIP/
%P ;-i
/ �I �,�JL/q r 'r' Sean P. Co o-Tem r By.elDeputy Clerk to the Board �_
am F. arcia
APP M:
David E. Long
y orney
Doug* Rademacher
Date of signature: 1///0/
1 O \c\- ko rcxnC '.s ?U-) 2011-0783
3 - a4 -II 1 -Ii - II EG0064
MEMORANDUM
COLORADO
TO: Clerk to the Board DATE: March 15, 2011
FROM: Mike Bedell, Engineering
SUBJECT: Consent Agenda Item
Agreement with Poudre Valley Rural Electric Association for Relocation of electrical facilities at
WCR 49/54 intersection.
Enclosed are two original agreements. Please returned one signed agreement to Public Works.
M:AFrancievAgenda Item-2.doc
2011-0783
AGREEMENT BETWEEN
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION AND
WELD COUNTY GOVERNMENT FOR
RELOCATION OF ELECTRICAL FACILITIES
THIS AGREEMENT, made by and entered into this 3' lay of Mea-ci..) ,2011,
by and between POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, P.O. Box 272550,
Fort Collins, CO 80527-2550, a Colorado corporation (hereinafter called "PVREA") and THE
COUNTY OF WELD, 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, 9th St., Greeley, CO 80632
(hereinafter called"County").
WITNESSETH:
WHEREAS, the County has requested PVREA to relocate certain overhead electric
facilities at the Weld County Roads ("WCR") 49/54 intersection improvements project
(hereinafter known as "Project") to make ready for the roadway improvements, and
WHEREAS, PVREA is willing to relocate said facilities on an existing private easement
and right-of-way adjacent to the County road right-of-way at the location of the Project site, as
described on the attached PVREA"CONTRACT FOR ELECTRIC SERVICE".
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained,the parties hereby agree as follows:
1. Except as otherwise provided herein, PVREA shall relocate the existing overhead
line and associated power poles from their current locations, as shown on the
attached Exhibit"A," hereinafter collectively called "PVREA Facilities."
2. The PVREA Facilities shall be relocated to new position such that they no longer
conflict with the proposed roadway improvements as shown on the attached
Exhibit "A".
3. PVREA shall use reasonable diligence to relocate the PVREA Facilities within 30
days of the date of this Agreement. If the PVREA Facilities cannot be relocated
within that period of time, PVREA shall not be liable therefore or for damages
caused thereby.
4. PVREA shall perform all work necessary to accomplish the relocation of the
PVREA Facilities, as required, and in accordance with PVREA specifications.
5. County shall establish and stake the County right-of-way and set all lot corner
pins within the work area prior to relocation of PVREA Facilities. County shall
verify the relocation alignment prior to PVREA setting new poles to confirm that
said alignment is sufficiently clear of Project construction work.
1
6. PVREA shall relocate the PVREA Facilities within the existing easement and
right-of-way in accordance with good engineering practice. County shall
reimburse PVREA for any expense due to subsequent changes by County.
County shall reimburse PVREA for any expenses incurred by PVREA to repair
damages to the PVREA Facilities caused by County or during the construction
period. If the final costs exceed the estimate, PVREA shall submit to County a
cost breakdown of the costs exceeding the estimate prior to payment. County
shall pay the costs upon completion of the relocation.
7. PVREA shall be responsible for coordination of traffic control and obtaining any
necessary permits specific to its work to relocate the PVREA facilities.
8. PVREA has estimated the total cost of said relocation to be $6,240.00, which
includes removal and disposal of existing poles. If actual costs at the end of the
relocation are less than the estimated amount, PVREA shall invoice the County
for the actual costs.
9. The County may terminate this Agreement at any time prior to or during the
relocation of the PVREA Facilities by PVREA. In such an event, the County
shall pay PVREA for all expenses or liabilities which may theretofore have been
incurred by PVREA for engineering, for materials and equipment purchased or
ordered, prior to the date of termination.
10. This Agreement shall be binding upon and inure to the benefit of the successors,
legal representative and assigns of the respective parties hereto.
11. 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.
12. 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.
2
IN WITNESS WEIEREOF, the parties hereto have executed, or caused to he executed by
their duly authorized officials, this Agreement, each of which shall be deemed an original on the
date first written above.
ATTEST:75� COUNTY OF WELD, COLORADO
Weld County CleSnS
By: / 1111 By:
1 t i ...'Y
Deputy Cler to , o t� ,�. � arbara kirkmey , Chairm
, 4' Board of County Commissioners,
b4 r' c.� r County of Weld MAR2 2
20
1
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION
4 -,: c_
By:
Title: C� � e�Diu ' /I"( (2.�
3
070/I- : 7c
14 i , o
, I a
Lt...,..i. . i I , •
X ti
54 o
41 +0e • ; i /\ o i
' P^� %,. OciiF 3 E 2
¢�¢X
! r . / W w €
,
i L /9.
a i4
I1 N Os % / V eoF
I'"' l" I // •/ /,/ ≤w a
54 :0+ .' ,JoPfr 4. sg° l
I' Alija ,. / / ••; I * ilipi'ta\#O1 °If 1---- /a 4' / • as. a 6L, -
J
/ • P
° r i
100 / p ^�v -e, $am
5 0
�� 'Av/� ® ii W un8:
, //
0t Ai fyi I 1 °TuwC
0417
c • ii
i
9/ %�/ /.'.art' �d 9` ' k3 :4& ct•, ,i. t ' m ,s, a₹ N
� / •� t 'Tt % •c o<
i
0 F0 Rs )t_.Th •1 ,s, v{y µ
ax
• 888 d i j s♦R 000
p ;'.C
mew b S _ g__
SIW dyk oo 4` 4 \ f �.."91"iY R o '.e
m�ww �1 k "' % 1..16C41/4
€io
° - ,
\ _
X00 �� 1
i t E
436 1 1 . c�
no H91tlYa U «
VLS 3
Y
ip ig i 0,000.+LStg -1\
k 1• y rG ..= H
'I
•
i I
5431 +Q� nk of
r Vu
ff a
„ 1 , L4 r.., 4j i g o a
p'4 x$ Y' X I.
.42-;';,41.'
a • t (�l1 9x
& 6 t _ 4 i I i ,�•s.V s
Y• '4 1E I gp
i �E
zga
I
w
o ii 28-
x • = �1 > — _ ru on
— m i.
i •7 °
.._ saaua- td
Fi '�7f/ �.. /!, % ' �`__X/j /
J 1 f p .e
p� C) �,:.,� P > ,
!6 X4-27+ 0 •I ' it I Vi •i, m t
o 1 u I L . o 2s
0) • ' III
`, I ` I5 �,I.
�' o
� � ,_ —
000
5426+00
mm icegi
i
x. •
s . ia s
;to
26 0
m..
>: ✓
1 a+w ..
R A O R I •
00'00+SiK VIS 3W1 H3104 -
a '�
7.
0F .
t S
! LL1
CONTRACT FOR ELECTRIC SERVICE
•
The undersigned (hereinafter called the "Applicant") hereby applies for electric service from Poudre Valley Rural Electric Association, Inc. (hereinafter called th
"Association")upon the following terms and conditions:
1. GENERAL
a. The Applicant will, when electric energy becomes available, purchase from the Association all electric energy used on the premises described below and will pay for at th
applicable rates and terms in accordance with the"Schedule of Rates for Electricity and Rules and Regulations"(hereinafter called the"Rules and Regulations")as may fro'
time to time be filed with the Public Utilities Commission of the State of Colorado by Poudre Valley Rural Electric Association.This contract shall continue in force for a minimui
number of years as specified in paragraph 4(c)below from the date service is made available hereunder and said contract shall be automatically renewed on a yearly basis un
cancelled by at least thirty(30)days written notice given by either party to the other,at the addresses specified herein.
b. The minimum monthly or annual charge for electric service,regardless of the kilowatt hours consumed,shall be the higher of the following charges:
1) The minimum specified in the applicable rate schedule,or
2) One and one half percent(1 'h%)of the Association's investment per month or eighteen percent(18%)of the Association's investment annually,based upon the actu
estimated cost of constructing and installing the line extension and facilities necessary to supply the service,or
c. The transformer charge specified in the applicable rate schedule. No agent or representative of the Association has the power to amend, modify, alter or waive any of if
provisions of the terms of this contract. Any promises,agreements,or representations made by any agent or representative of the Association not herein set forth shall be vo
and of no effect.
d. Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association. This contract will not alter the terms of any oth
contract between the Applicant and the Association.
2. RESPONSIBILITY
a. The Applicant will sign separate Application for Service on a form provided and will comply with the Rules and Regulations of the Association.
b. Failure on the part of the Applicant to accept service from the Association or to comply with the Rules and Regulations of the Association,or to perform under the terms and
conditions of this contract,shall not relieve the Applicant from making all the payments and performing all the conditions set forth in this contract. In the event the applicant
becomes delinquent in any payments,the applicant will forfeit all construction deposits therefore made,and the Association shall have the option to declare all of the remainder
of the payments due under this contract immediately due and payable. The Association,at its option and without further notice,may remove all or part of the facilities.
c. The Association may record this instrument in the office of the County Clerk and Recorder in the County in which the real estate is situated.
d. This agreement shall be binding upon the successors,legal representatives,heirs,devisees,and assigns of the respective parties hereto.
e. The Association shall use reasonable diligence to provide the Applicant with a constant and uninterrupted supply of electric power and energy;but it such supply shall fail or be
Interrupted or become defective through acts of God,or the public enemy,or by accident,strikes,labor troubles,or by action of elements or inability to secure rights-of-way,
other permits needed,or any other cause beyond reasonable control of the Association,the Association shall not be liable therefore.
3. RIGHTS-OF-WAY
a. The Applicant hereby grants and conveys unto the Association the right,privilege and easement to construct,operate and maintain the facilities together with right of ingress al
egress,including the installation of Association owned locks and/or lock boxes,etc.,as may be necessary to extend,maintain and operate this service.
b. The Applicant hereby gives to the Association without cost or expense,the further right and privilege to cut and trim any trees or shrubbery near said overhead lines supplyii
the Applicant,so that adequate and proper service may be extended hereunder.
c. The Applicant further agrees to assist in obtaining needed rights-of-way that may be required to provide service hereunder.
d. The Applicant acknowledges that he/she has been instructed to disclose locations of underground obstructions.The Applicant agrees to indemnify the Association against loss
damage to underground property of the Applicant or to underground property of others on the Applicant's property.The Association will use reasonable care in locating al
digging holes or trenches for poles,anchors or under-ground service but will not be responsible for damage to sewers,water lines or other underground facilities if the exe
location of such underground property can not be determined before construction begins.
4. CONTRACT PROVISIONS
a. Service will be rendered at the Association's standard voltage. The Association's meter shall constitute the point of delivery to the Applicant and the Applicant will own a
maintain all poles,wires,equipment and other facilities beyond the point of delivery.
b. Service to be fumished under this agreement is to be delivered at a mutually agreed point on the Applicant's premises described below:
Legal Description:
Located in Quarter of Section 30 Township 5 N,Range 64 W,of 6'"P.M.in the
County of Weld further described as RELOCATE 4 POLES
SERVICE ADDRESS: X CR 49 and WCR 54 intersection. I BUILDING PERMIT NO.: X
c. This contract shall continue in force for a minimum of N/A year(s)from the date service is made available.
d. Type of Service: ( )Permanent (X)Indeterminate ( )Temporary
Describe:Relocate four poles for height clearance.These poles will be in line with existing power line poles but moved either side of proposed WCR 54.
Maximum KVA N/A Horsepower
( ) Single Phase (X) Three Phase (X) Overhead ( ) Underground
e. Applicable Rate Schedule N/A
f. The Association hereby acknowledges receipt of the following consideration paid by the Applicant in accordance with the applicable Rules and Regulations:
252.20 Ledger Acct.No. Amount Due:$ 6,240.00 Refundable Yes( ) No(X)
Ledger Acct.No. Amount Due:$ Refundable Yes( 1 No(
Conditions:PLEASE NOTE THE LOCATION OF OUR STAKES AND ADVISE POUDRE VALLEY REA OF ANY UNDERGROUND OBSTRUCTIONS.THE APPLICANT
WILL PAY THE TOTAL COST OF RELOCATING THE FACILITIES.NOT TO EXCEED$6.240,00.
jE -MIS GDNTRs•GT (i A31.t1 AWyfl PL- W-k "Vrkie. VSEtt Lnuttt- % Wt (S
Cttv%* %S,ve 4WdS tees_ • *4 3
Owner Weld County Public Works Department
APPLICANT(S)
(X)Yes ( )No Attn:Michael Bedell,P.E.Senior Engineer Date(s)X '1y01Ze\,
Home Phone Number X
SIGNATURE(S) (� Title(s)X
Cell Phone Number
ADDRESS 1111 H Street PO Box 758
X
Work Phone Number CITY-STATE-ZIP Greeley,CO 80632
(970)304-6496 EXT.3706
I ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS DOCUMENT Accepted by POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC
Ry Date
moo
Attachments
Rate Schedule W.O.No. 41737 Engineer BP Location No. Near 4453
ROW Easement N/A Contract Expiration Date
Purchase of Power Agreement Minimum N/A Rate NONE Class NONE
Name Acct No.
Other
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.•P.O.BOX 272550 FORT COLLINS,COLORADO 80527-2550•7649 REA PARKWAY FORT COLLINS,CO 80527
1-970.226-1234•1$00-432.1012
RETURN ONE SIGNED COPY TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION•RETAIN ONE COPY FOR YOUR RECORDS
U:\2011\BP\WO 41737 Contract.doc
Hello