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Home My WebLink About20113242.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF ELECTRICAL CONDUIT BENEATH COUNTY ROAD 63 AND AUTHORIZE CHAIR TO SIGN -WELLS RANCH 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 the Installation of Electrical Conduit beneath County Road 63 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 Wells Ranch, 32010 County Road 63, Gill, Colorado 80624, 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 the Installation of Electrical Conduit beneath County Road 63 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 Wells Ranch, 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 19th day of December, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: y—i— arbara Kirkmeye , Chair / Weld County Clerk to the Board �.. IEILA �- �• �� an P. Co way, Pro-Tem BY: -97\_k • u.y Deputy Cle to the Boar.�lr ,...: rcia APP V AS T. %'`M: David E. Long r-- o ht ornrrnney D uglas ademacher Date of signature: / -/k- / a 2011-3242 v G EG0064 1 Onc) +c �ra) �� P� la ao- I1 1- a3-13 1861 - 2011 MEMORANDUM TO: Board of Commissioners DATE: 12.15.2011 W E L 0 NT Y FROM: Joshua Holbrook, Public Works Department SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Nonexclusive License Agreement with Well Ranch to bore a 2" conduit line under WCR 63 between WCR 68 and WCR 70. Attached are two original Nonexclusive License Agreements. Please return one signed original to Francie Collins at the Public Works Department. pc: Janet Carter M:\Utility Coordination\LICENSE AGREEMENTS\Wells Ranch\AgendallonExclusive.docx 2011-3242 NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF ELECTRICAL CONDUIT BENEATH WELD COUNTY ROAD 63 THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this/e/74day of tku., 13tr , 2011, by and between the Board of County Commissioners of Weld County, Colorado, (hereinafter "Licensor"), whose address is 915 Tenth Street, Greeley, Colorado //ft 0 80631, and Wells Ranch, (hereinafter "Licensee"), whose local address is 32010 CR 63 Gill, Sired Colorado 80624. WITNESSETH: WHEREAS, Licensor is the owner of a public right-of-way located in Weld County, more particularly described on Exhibit A, (Legal Description), and Exhibit B, (Map), which are attached to this 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 a new electrical service line in, 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 electrical service line 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 a electrical service line in, under, and/or along portions of the Property, subject to the following terms and conditions: 1. Licensors Limited Interest in Property. Licensor owns a limited interest in the Property and therefore, 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 owner(s) of the Property or others having proprietary interests in the Property such authority or rights as Licensee may need, in addition to this License I�iltll 1111111111111111 III IIIIIIII 1111 3813365 12/21/2011 11:32A Weld County, 1 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .7?D//`.3a ',5? for Licensee's use of the Property. Licensee acknowledges and agrees that the authorization granted herein by Licensor is subject to Licensee's securing such authority or rights. 2. Licensor's Rights. The parties to the Agreement 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 Agreement. Should this Agreement 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. 3. Licensee's Responsibilities. Licensor's grant of the License herein is conditioned upon Licensee's compliance with the following requirements: A. A Traffic Control Plan (TCP) must be 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). Flaggers shall be 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. Licensee will notify Weld County Public Works 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 irrigation pipe installed or constructed herein, Licensee shall do so promptly at its own expense upon the request of the County. D. Licensee shall secure and maintain insurance policies 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 are installed and/or constructed as permitted herein. Weld County, Colorado, the Board of County Commissioners of the County of 1111111111111111111 IIII III 1111111111111 III 11111 IIII III! 3813365 12/21/2011 11:32A Weld County, CO 2 of 10 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Weld, its officers and employees, must be named as an "Additional Named Insured" in all liability insurance policies. The following insurance policies are required and shall be delivered to the Weld County Public Works Department: (i) 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 $1,000,000 accident Each $1,000,000 Aggregate $2,000,000 accident (iii) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each $1,000,000 accident Each $1,000,000 accident E. Licensee shall be responsible for obtaining all other State, Federal, or Local permits that may be necessary for the work to be performed. F. 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 electrical conduit 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 acceptance 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 permit, in a workmanlike manner. G. 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 Agreement. 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 Agreement, without compensating Licensee. Licensee shall relocate its facility upon notification from Licensor of such activities. �� 11111 111 11111 1111 1111 Recorder 3,..1 1212112011 3 of 10 R 0.00 0 0.00 Steve Moreno Clerk& H. Licensee shall report all emergency repairs to Weld County Public Works. Licensee shall utilize proper traffic control measures. L Licensee or its contractor is responsible for locating all existing utilities which may conflict with their work. Contact the Utility Notification Center of Colorado 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 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 following requirements: (i) All materials shall be removed a minimum of ten feet (10') from outside edge of the road shoulder; (ii) All excavations upon the traveled portions of the right-of-way shall be back-filled 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 irrigation pipe and electrical conduit with markers acceptable to Licensor. Licensee shall place Class 6 Road base. 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 111111111111111111111111111111111111111111111111111 I I I I 3813365 12/21/2011 11:32A Weld County, CO 4 of 10 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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 cased and will be at a minimum depth of 4 feet below the lowest point of the right-of-way. All underground facilities that parallel the road centerline shall have a minimum of three (3) feet of ground cover. (See Section 4 for Fiber Optic exceptions.) Q. Compaction Requirements: (i) All compaction of backfills 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 backfills 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-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. 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 is done in the road surfaces or excavation materials are 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 are to coat the road surfaces and do not supersede any requirements within the 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 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 1 111111 11111 11111 1111 III 1111111111111 III 11111 1111 1111 3813365 12/21/2011 11:32A Weld County, CO 5 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 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: (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 done. U. The upgrade and maintenance of the electrical conduit installed by Licensee, and all other improvements described in this Agreement, shall be at its own expense and without the aid or use of Licensor's funds. V. Project Special Provisions may be attached to the approved Right-of-Way Permit, which includes additional requirements. 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. 1111111111111111111 IIII III 1111111111111 III 11111 IIII III! 3813365 12/21/2011 11:32A Weld County, CO 6 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 5. Hold Harmless. Except for the negligence of Licensor, Licensee agrees to protect Licensor and save and hold it harmless from 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. 6. No Assignment. Licensee shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from Licensee, 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 shall obtain the Right-of-Way Permit required by County. Following the issuance of the 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 Nonexclusive License Agreement 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. 8. Effect of Invalidity of Provision. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, 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 Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No Waiver of Immunity. No portion of this Nonexclusive License Agreement 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 Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties 111111101 1111111111II11111111111111 III 11111 I I I 11111 3813365 12/21/2011 11:32A Weld County, CO 7 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement 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. Lam Licensor: WELD COUNTY, COLORADO, by and 1W ��: �� through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: •1 -' Clerk to the Board By: B7 j ,17,7i7J cti , Deput Clerk / Barbara Kirkm yer, Chair/ Awpr v�d: DEC 19 2011 W d County Attorney Licensee: Wells Ranch C/O Steve Wells By: Tit 4.l " SUBSCRIBED AND SWORN to before me this/larclay of Dewy 1;tc V , 2011. WITNESS my hand and official seal Notary Public 5. My commission expires: pg.o( - l3 ' t LEON 1N. tt. SIEVERS � 1111111111111111111111111I1111111111111 III 111111111101 .?...... ...... 3813365 12/21/2011 11:32A Weld County, CO t1 . /fir 8 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6,76//- a /.0 • '- ` ,i v C , �v Co/jy Weld County Public Works Department %, <C < 1111 H Street, PO Box 758 3 Greeley, CO 80632 � rft r 49 Queen Phone: 970-304-6496 Fax: 970-304-6497 /C W° RIGHT-OF-WAY USE APPLICATION Applicant information: Contractor information: Business name: \N/ally RrovCAA Business name:(" —ua. tn/e)(4 f i) Contact name: Skye- \../ails Contact name: 6A(p 44T...0151-- Address: 32010 +-tat_ (p3 PO Box: Contact phone: gcb-353-3112, (office) City: 0-at State: Co Zip: $o(p2.4 190-S10 • 4 1 (cell) PhoneM90-31-ti Fax: Contact e-mail: gat.) �G�w a.�v eiW..ltk-1,..y9, GyYY\ E-mail: 1 Permit type: Standard X' Annual_ Project name: USR#(if applicable): Location: WCR (0S between Ye, and (p(a Address: Subdivision: Legal(Sec/Twn/Rng): /1- to N-445W Impacted surface(check all that apply): 20 • 4 N-63h/ ❑Asphalt/Chip seal/RAP %Gravel 0 Treated Gravel Dtputside roadway 0 Other Type of Use: ❑ Communications Xf Electrical ❑ Gas/Oil 0 Water service 0 Sanitary sewer ❑ Irrigation 0 Storm water Misc a• csond,.., / Classification of Work(check all that apply): ❑ Abandonment 0 Misc.occupation 0 Relocation 0 Potholing ❑ Maintenance 0 Culvert installation 0 Road improvements 0 Tree trimming KNewService 0 Overhead installation 'Underground installation 0 Surveying Planned Restoration (check all that apply): Other 8y('e_ ❑ Asphalt(HMA) O Flow fill O Compaction testing ❑ Erosion Control ❑ Structural fill 0 Fugitive dust chemical 0 Reseeding Other f2a ❑ Class 6 road base Native material • 0 Mulching l Use and/or construction detail: tofu_ 7O7\3 p-Y,. 10, 0, Scan. &) -pcy ,. y1�,(„.\ Ac, ass ‘,/C V__ (p9, Submittals: p1.Fee Schedule + / 0 Contractor Insurance 0 Reseeding mix `required 7+Traffic control plan 0 HMA mix design 0 Other •Sketch/drawings of work 0 Road base gradation/classification -777---- I Requested Start date: i Ac vfle End date: Weekend hours requested: Yes No)( tz Does project disturb more than one acre? No , Yes CDPHE permit it A/ii _ 9n1, 7 70 Comments: . �i'' Applicant , Printed , "��///�� - � � Signature: Name: �,/�l„ ,-� Date: J�-'/ -11 `� /YI�''`'�l (Revised 5/2010) i 111111IIE DIED (III III HUM Mil (III (III 3813365 12/21/2011 11:32A Weld County, CO 9 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder y 3 " a"`'tp,i ^, A v! t7 ! y ^�. y^ 'L =if l• " �ti T f �fa� /T��1j. f�v wsl 1. !I( �c (1-h Y ,�^ , „w X 1,t5• �i ; Ykf�l t Y�_ x/ a ,ya '!1. t t /.I a .F.1 •`iLY`g0'rr j ;l• 1{ •t '.'"1• I f.. f I ••�.- . . . ..../ ' 10k >. ii _ 4 " • ' .a w 1 Y +. O O ni f' 0 0 1 .. tom{ Co r . M L. 1 • TA .14 ,ir , �`�., J. `� J ; . • J..\4-3iii ~ :..t h. �yy -4 +. nip L a �' may. j • �9/'� 41, � } l •'fit: q <:"11 r } I • t j� 5 d Yi z. \t O V'L �Q , v '1 = ,oat . ,,. 416.2 A--4 • \ ti. •r. -•\v1t\ =431'. C, 3 . — .. --4,t;_ ..;-_-. ] . � 1 4i Y t Intl -T tK � ! �a - _ ` i an r q ccy 1 . , 131 ^741.' _:� r . litif .' t ['Lt. 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