HomeMy WebLinkAbout20100172.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 the 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 the
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 the 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 the 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 20th day of January, A.D., 2010.
4 is OARD OF COUNTY COMMISSIONERS
�"<cJ LD COUNTY COLORADO
i(5111'
ATTEST: 4" -\ %r 9e
y;V J Do la ademach r, chair
Weld County Clerk to the Boa r , €�� `�, �
K ,
rbara Kirkmeyer, ro-Tem
BY: , ( t L \c/( L L L 11( L'( t,(
Deputy Cl rk to the Board\
Sean P. Cora
APPROVE6'AS TO • C
W i .4ar :ra co
doi
ounty Att rney CC
David E. Long
Date of signature: )L' C
2010-0172
EG0062
C ; rev( i c'Ri c5--
Kit t(i
MEMORANDUM
COLORADO
TO: Clerk to the Board DATE: January 15, 2010
FROM: Wayne Howard, P. E., Public Works
SUBJECT: Agenda Item
Two duplicate,original Agreements with Poudre Valley Rural Electric Association for relocation of
electrical facilities on the WCR 13 between WCR 54 and WCR 56 project in the amount of
$33,739.00.
M'.'FrancicWgenda Item doc
— - L
2010-0172
AGREEMENT BETWEEN
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION AND
WELD COUNTY GOVERNMENT FOR
RELOCATION OF ELECTRICAL FACILITIES W ,0
THIS AGREEMENT, made by and entered into this r'llay of SA,,a,?2 , 2GG9:
by and between POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, P.O. Bbx 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, 9m St., Greeley, CO 80632
(hereinafter called "County").
WITNESSETH:
WHEREAS, the County has requested PVREA to relocate certain overhead electric
distribution facilities at the Weld County Road ("WCR") 13 improvements project (hereinafter
known as "Project") to make ready for the roadway improvements located between WCR 54 and
WCR 56, and
WHEREAS, PVREA is willing to relocate said facilities on a private easement and right-
of-way adjacent to the County road right-of-way at the location of the Project site.
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 overhead line and
five power poles from their current location along the east side of WCR 13,
between WCR's 54 and 56, as shown on the attached Exhibit"A," hereinafter
collectively called "PVREA Facilities."
2. The PVREA Facilities shall be relocated to a position on the east side of the
Project, approximately thirty eight(38') feet east of their present location on a
private easement and right-of-way.
3. PVREA shall use reasonable diligence to relocate the PVREA Facilities within 60
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, including tree trimming, cutting and removal within the
County right-of-way, 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 Project prior to relocation of PVREA Facilities. County shall
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verify the relocation alignment prior to PVREA setting new poles to confirm that
said alignment is sufficiently clear of Project construction work.
6. PVREA shall relocate the PVREA Facilities onto the private 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 $33,739.00 , which
includes removal of existing poles, trees, and overhead line. 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.
1 1. 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 WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement, each of which shall be deemed an original on the
date first written above.
ATTEST: :L � - OUNTY OF WELD, COLORADO
Weld County Clerk to t v 11,
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By: � 7 ii � Y � � •?cv�--tm t� -z
Deputy Clerk to t ��''•.'� j WH1:�,. F. out , Chairman"toeaw►s NCoe.Ml► aM
x Y Board of County Commissioners,
= 14' County of Weld JAN 2 02010
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR 13/WCR 54 to SH 34—PVREA Relocation of Electrical Facilities
DEPARTMENT:_ WELD COUNTY P11B1.,IC WORKS DATE: 1/11/10
PERSON REQUESTING: Wayne Howard,CEP County Engineer
Brief description of the problem/issue:
The roadway improvements project requires relocation of some overhead electrical facilities owned by Poudre
Valley Rural Electric Association (PVREA). It has been determined that PVREA shall be reimbursed for the
associated costs since the existing facilities are located on a private easement. PVREA is willing to relocate
these facilities from their private easement, east about 38',to a location that does not conflict with the roadway
construction, and into a new grading/utility easement being acquired by Weld County. PVREA has estimated
the total cost of said relocation to be $33,739.00. If actual costs are less than the estimated amount, PVREA
shall invoice the County for the actual costs.
What options exist for the Board?
The Board may choose to not approve this proposed Utility Agreement. In this case it would not be possible for
Weld crews to construct the roadway improvements as currently designed. The Board may choose to approve
this Utility Agreement. In this case the proposed work will be completed this winter, prior to Weld crews
proceeding with construction of the roadway improvements.
Recommendation to the Board:
The Department recommends the Board approve this Utility Agreement. The relocation of electrical facilities is
a necessary part of the roadway improvements design. An alternative design which does not require PVREA
relocation has been explored,and determined to be more costly and less desirable.
Approve Schedule
Recommendation Work Session Comments
Douglas Rademacher,Chair -
1
Barbara Kirkmeyer
Sean P.Conway
William F. Garcia tkit _
David E. I.ong
Attachments
pc: PVREA Utility Agreement
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