HomeMy WebLinkAbout20111071.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION
OF IRRIGATION PIPE BENEATH COUNTY ROAD 42 AND AUTHORIZE CHAIR TO
SIGN - DALE JACKSON
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 Irrigation Pipe beneath County Road 42 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 Dale Jackson, 25505 County Road 42,
Kersey, Colorado 80644, 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 Irrigation Pipe beneath County Road 42 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 Dale Jackson, 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 2nd day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST j „� 1 /ii f1
arbara Kirkmeyer hair
Weld County Clerk to the o g1 .1
• O P� w,Sean . C n ay, Pro-Tem
BY: �"�
Deputy Clerk to the Boa %' Lx
Willi F. Garcia � '
APPRO OAS RM: °tit r /
David E. Long ���///
C� uh ttorney /ct
/ Dougl Radema her
Date of signature: /
2011-1071
C> PlA.) a>thesOzYN EG0064
5 r1 -
1 8b 1 . 201 1 MEMORANDUM
TO: Board of Commissioners DATE: April 27, 2011
W E L ` 0 N T 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 Dale Jackson for the installation of an 12"
sleeve for irrigation under WCR 42 between rd. 51 and 53.
The appropriate documentation is attached.
pc: Janet Carter
M_\Utility Coordination\LICENSE AGREEMENTS\Dale Jackson\AgendallonExclusive docx
2011-1071
NONEXCLUSIVE LICENSE AGREEMENT
CONCERNING INSTALLATION OF IRRIGATION PIPE BENEATH
WELD COUNTY ROAD 42
nd
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this d—day
of FYI , 2011, by and between the Board of County Commissioners of Weld County,
Colorado, "Licensor"), whose address is 915 Tenth Street, Greeley, Colorado
80631, and Dale W. Jackson., (hereinafter "Licensee"), whose local address is 25505 CR 42
Kersey, Colorado 80644.
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 irrigation
pipe 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
irrigation pipe 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 new irrigation pipe
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
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.
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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
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:
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(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 irrigation pipe and 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.
H. Licensee shall report all emergency repairs to Weld County Public Works.
Licensee shall utilize proper traffic control measures.
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I. 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
chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land
Surveyor to complete such preservation.
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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
shall adjust access points, at its sole expense, when requested to do so by Licensor.
S. Licensee's Obligations Regarding Surveys:
(1) All surveying performed within the boundaries of the Property
shall be conducted with proper safety equipment and advanced warning signs;
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(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.
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
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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
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
7
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successors, and assigns.
EXECUTED IN DUPLICATE the day and year first above written.
Licensor:
55
gas t,5. WELD COUNTY, COLORADO, by and
Ft through the BOARD OF COUNTY
r�o -�- ic COMMISSIONERS OF WELD COUNTY,
'°. COLORADO
ATTEST:
Clerk to the Board By: /�� B .
puty Clerk bara Kirkmeyer, hair
Approved: .:- MAY 0 2 2011
y
W d County Attorney
Licensee:
Dale W. Jackson
By: 0,.efle—lei2
Title: n „..)ti6'
SUBSCRIBED AND SWORN to before me this ,,'" day of /a ,,g c , 2011.
WITNESS my hand and official seal
Notary Public
My commission expires: AG, I -""`„
3 '---05 .f.PP` Ir
' ... .C it
ff r
i i LEON W. \: S
i t SIEVERS i
1111111 11111 111111 III 1111111111111 EOM VIIIIIIIIIII ,,rIIaft ...VI
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3766516 05/04/2011 02:448 Weld County, CO t'�`OF cdti�'
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Weld County Public Works Department
1111 H Street,PO Box 758
Greeley, CO 80632
>� Phone: 970-304-6496 Fax: 970-304-6497
RIGHT-OF-WAY USE APPLICATION
Applicant information: Contractor information:
Business name: Da lBusiness name: pat,. v 7 1""
� (. � �� �-�4 On-, p
Contact name: .f W J 44 S a-‘-' Contact name: pea l.o T,,. Uw
Address: 07 SirOC WGR hja- PO Box: Contact phone: 97 D om/- 79'r) (office)
City: fl.er-Sy State:CO zip: So4'f/ 70.9 - 9,33— ' 7 7(cell)
Phone: Fly�fr;1'14S/ Fax:
Contact e-mail: d7.. l.4c&≤ert. cjk frco yr•an tt
E-mail: Dr:VickSo A-2C-'usla,.�4,ir'e ,cam
Permit type: Standards nnual_
Project name: R-'Q4.e Het,lq (oti USR#(if applicable):
Location: WCR IA- between .51 and 33
Address:d5T6s x- - Subdivision: n/ (,4-- Legal(Sec/Twn/Rng):oW- NI (V/
Impacted surface(check all that apply):
,
IE
❑Asphalt/Chip seal/RAP IS Gravel 0 Treated Gravel ($,Outside roadway ❑ Ip
Type of Use: 1l) 1 i 1 E c).'. APR 2 5 9011
❑ Communications 0 Electrical 0 Gas/Oil 0 Water service 0 Sanitary sewer
35 Irrigation 0 Storm water 0 Misc C Ot N Y PUBLIC WORKS 0
Classification of Work(check all that apply):
❑ Abandonment 0 Misc.occupation 0 Relocation 0 Potholing—
0 Tree trimming 0 Surveying
❑ Maintenance 0 Culvert installation 0 Road improvements
❑ New Service 0 Overhead installation %Underground installation CI Other 5)eee�as c1
Planned Restoration(check all that apply):
❑ Asphalt(HMA) 0 Flow fill O Compaction testing 0 Erosion Control
❑ Structural fill 0 Fugitive dust chemical 0 Reseeding 0 Other
fig Class 6 road base '1 Native material 0 Mulching
Use and/or construction detail: r,v st)[r:j la I_✓C L(.. _!A_0•1_,)
C ie ou-e co
Ir rida7`w✓ pi>r pis Ce5' �J
11111 11111 1111 III 111111 X11111111111 III 111111111 III
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Submittals: 13,*Fee Schedule lit*Contractor Insurance 0 Reseeding mix
*required *Traffic control plan ❑ HMA mix design ❑ Other
Ji4 *Skketch/drawings of work 0 Road base gradation/classification
Requested Start date: /4"51#P End date: Weekend hours requested: Yes No_
Does project disturb more than one acre? No >. Yes CDPHE permit# /1/4
Comments:
Applicant 7Th �l /f Printed l�/ - Date: y 42/00//Signature:(Mr /�J�/*ii Name: Delp- CJ )
(Revised 5 10)
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