HomeMy WebLinkAbout20090822.tiffRESOLUTION
RE: APPROVE WATERLINE RELOCATION AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - LITTLE THOMPSON WATER DISTRICT
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 Waterline Relocation Agreement 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 Little Thompson Water District,
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 Waterline Relocation Agreement 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 Little Thompson Water District 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 8th day of April, A.D., 2009.
ATTEST:
WelCounty Clerk to the
BYE
Depu y Cler to the Board
APPROVED AS JO FORM:
'County Attorney
Date of signature. 14II 09
Sean R. Conway
BOARD OF
NTY COMMISSIONERS
OLORADO
ouglas ademacher, Pro-Tem
ra Kirkmeyer
(? ; C
2009-0822
EG0060
679//-)//e3 i'
MEMORANDUM
TO: Clerk to the Board DATE: April 6, 2009
FROM: Robert Patrick, Public Works
SUBJECT: Agenda Item
Agreement with Little Thompson Watcr District for relocation of waterline on WCR 7 at State
Highway 60 Road Improvement Project in the amount of $28,320.
Waterline needs to be lowered due to new ditch construction over the water line.
M `I iande''Agcnda Ite -I. doc
2009-0822
WATERLINE RELOCATION AGREEMENT
THIS WATERLINE RELOCATION AGREEMENT ("Agreement") is made and entered into effective
S day of , 2009 (the "Effective Date") by and between BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, STATE OF COLORADO whose street address is 915 Tenth Street, P. O. Box 758, Greeley,
Colorado 80632 ("Weld County") and LITTLE THOMPSON WATER DISTRICT, whose street address is 835 E.
Highway 56, Berthoud, Colorado 80513 ("LTWD").
WHEREAS. Weld County will own that certain parcel of the real property situated in Weld County,
Colorado, as more particularly described in Exhibit A attached hereto and by this reference made a part hereof (the
"Property"); and
WHEREAS, LTWD has certain Right of Way Agreement recorded under Reception No. 1428292 on
February 5, 1964 in Book 506, by William R. Saulcy, Jr. to Little Thompson Valley Water District, with the Clerk
and Recorder of the County of Weld, State of Colorado; and
WHEREAS, the waterline and easements established under the Right of Way Agreements are located on
and effect certain portions of the Property and certain portions of a parcel of property located adjacent to the
Property which is owned by Weld County and
WHEREAS, Weld County is desirous of lowering this waterline located in the easements described in the
Right of Way Agreements and further diagrammed in Exhibit B attached hereto (the "General Site Map") so that
such waterline affect portions of the Property;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for
other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Weld County and
LTWD agree as follows:
I. LTWD hereby agrees to lower that portion of its existing waterline which is currently located on the
Property pursuant to the terms and conditions set forth in this Agreement.
2. Upon Weld County's obtaining any required Permits or Rights of Way covering any portion of the relocated
route, and subject to potential delays caused by adverse weather conditions, LTWD will commence the relocation of
the existing waterline described in Paragraph I above, and diligently pursue the completion of the relocation of the
pipeline as soon as practical.
3. The cost for obtaining all necessary permits for the relocation and physically completing the relocation work
on the Property is estimated to be $28,320.00 in Exhibit "C" which amount is inclusive of all labor and materials,
planning and permitting costs, and a contingency of twenty percent (20%) of all labor and materials. The total
estimated cost of installation incurred by LTWD shall he paid by Weld County to LTWD upon execution and delivery
of this Agreement. Any additional costs are due upon completion of the relocation of said waterline and within thirty
(30) days after Weld County receives from LTWD an invoice for such costs. If the actual costs incurred by LTWD to
complete the relocation work are less than the amount reflected in the Estimate and paid in advance hereunder by
Weld County, LTWD shall reimburse such amount to Weld County promptly after the completion of the work and the
final determination of such costs.
4. LTWD shall not, under any circumstances, be obligated to release any portion of the Existing Easement.
5. In connection with the relocation of the pipeline, LTWD agrees to install the same in a good and
workmanlike manner, in compliance with all applicable laws and regulations.
6. LTWD agrees that between the date of the execution of this Agreement and the date that the waterline is
relocated, Weld County and/or its successors and assigns will he allowed to grade within twenty five (25) feet of either
Pagel of 7 Pages
side of the existing waterline and to cross the existing waterline easements with utility lines such as water, sewer,
electric and telephone at approximately right angles to the existing waterline right of way and with roadways of a
temporary nature. Weld County agrees in connection with any of the foregoing work and so as to minimize any
potential problems in connection with such work, to notify LTWD of its intention to commence any such activities,
and to coordinate any such work with LTWD operations personnel. In connection with any such work, Weld County
and its successors and assigns shall be responsible for any loss, damage or liability resulting therefrom and agrees to
indemnify, defend and hold harmless LTWD from the same.
7. Upon completion of the relocation of the waterline, and subject to LTWD's reasonable satisfaction that the
new waterline is successfully flowing water, LTWD shall disconnect and remove or fill that portion of its waterline to
be abandoned which currently crosses the Property, and upon completion of the foregoing, notify Weld County of such
completion.
9. The parties agree that this Agreement and the benefits and burdens hereunder shall be binding upon and inure
to the benefit of the parties hereto and their heirs, successors and assigns.
10. This Agreement and all of the covenants in it shall he covenants running with the land and shall be binding on
all parties who succeed to any interest which Weld County has in the Property. Any subsequent sale of the Property
shall he subject to the terms of this Agreement.
I L In the event that the operations by either LTWD or Weld County are not at any time being conducted in
compliance with this Agreement, the defaulting party shall be notified in writing, delivered by certified mail or
commercial overnight courier, of the facts relied upon as constituting a breach thereof, and that party, if in default, shall
within thirty (30) days after receipt of such notice, commence the compliance with the obligations imposed by virtue of
this Agreement. In the event the defaulting party does not commence compliance with the obligations imposed by virtue
of this Agreement within said thirty (30) day period, this Agreement may then be specifically enforced at the election of
the non -defaulting party and the defaulting party shall pay any and all reasonable attorney's fees of the other party.
12. This Agreement sets forth the entire understanding between the parties and supersedes any previous
communications, representations or agreements, whether oral or written. No change of any of the terms or conditions
herein shall be valid or binding on any parties unless in writing and signed by an authorized representative of each
party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
LITTLE THOMPSON WATER DISTRICT
By:
Title: Di rA1c-rM¢ J,fGeR
BOARD OF COUNTY OMMISSIONERS
OF WFFD,4OUA4 ATE OF COLORADO
By:
William F. Garcia
Title: Chairman
ATTEST:
WELD COUNTY CLERK T
By
APR 0 6 2009
Deputy Clerk'fo the Board
Page 2 of 7 Pages
t.-;A9-r!'4-:4Cji
Acknowledgements
State of Colorado
County of weld
)§
The foregoing instrument was acknowledged before me this 'F% day of. 47. /, 2009 by T inn -E -/A -t C i'
as Ti) t 9fi , c t 711A,,t+`qy c.(of Little Thompson Water District, known tote the person described in and who
executed the foregoing instthment, and who acknowledged to me that he executed the same.
WITNESS my hand and official seal.
My Commission Expires
ie'-.21 -;2Cft
'Notary Public
Page 3 of 7 Pages
EXHIBIT "A"
The Property
EXHIBIT -A
NE I/4 S4-T4N-R68W
E 1. VJHTH 1/4
1 1 I—'.fin'x IA.: ry.r r isr�rn F r ri 1/4" AL, c ,:
. Ir. _L
RONALD L & INANE E &BKPT
RECD IRMA
LOT A WHIM
MICR /26505
F. ' =1
I i.-,./..,,.:IL L< T 'Er t p' -
IlTE11111L !19 4 T F61'34-TTI TAN.
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9,11
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Cr. .- N
86.23
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1
L=920.23'
R=1230-00'
A=42.51'58"
C=898.92'
C0-N22.46'09"W
RONALD L et DIANE BOCEL I I
RISC? #ITIRB
ACQUIRED ROW
102,055.4 sf. OR
2.34 ac.±
8d
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
f_
Ili
LOT A RE -INS \
RED° Rawer
-L=860.38'
R=1150.00'
A=42.51'58"
0=940.45
CO =522'46'09"E
:70MIT MACH
N41'12.1,38"
W'
38.42'
544'12'DCE
/r 15.61-
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RIGHT-OF-WAY ACQUISITION
2740 HIGHWAY 60
WELD COUNTY, COLORADO
tetz
11`ok
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 7 & 48
PROJECT
PROJECT:
SRP-IS
SCALE:
P.20Q
DATE oCC.Ta2009
DRAWN BY: DID
SHEET: 2Of2
Page 5 of 7 Pages
EXHIBIT "B"
General Site Map
Site
Page 6 of 7 Pages
EXHIBIT "C"
Estimated Costs
LITTLE THOMPSON WATER DISTRICT
Directors:
Alex Sauer, President
Jim Cooper
Kathy Gallivan-Crist
Mac Juneau
Richard Macomber
Gary Olson
Bob Patrick
Weld County Public Works
1 111 H Street
P.O. Box 758
Greeley, CO 80632-0758
Dear Bob:
March 13, 2009
Interim District Manager:
Judy Dahl
835 E. Highway 56
Berthoud, CO 80513
P 970532.2096
F 970532.3734
www.LTWD.org
This letter is in response to your request for an estimate of the funding required to do the
relocations and modifications to the District facilities associated with your WCR 7 realignment project
at Hwy 60 and the new WCR 7 intersection.
We have reviewed the plans that you have provided and we have a plan to mitigate the impacts
of your construction project on our facilities. I have attached a set of plan that we have sent out for
quotes from contractors along with a copy of the bid results for the project. Below is a breakdown of the
costs associated with the work along Hwy 60. I have also included the cost breakdown for the rest of the
project as well.
Summary of Work for Weld County 7 and Hwy 60:
1. Relocation of 12" Dip along Hwy 60.
2. In house crew relocate 5 taps along WCR 7 North of Hwy 60
(alternate to cutting Hwy 60 to reconnect the 2" line)
3. Construction observation and mapping updates.
4. Contingency @ 20%
Total projected cost:
$12,500.00
$ 7,500.00
$ 3,600.00
$ 4,720.00
$28,320.00
Our contractor is in the process of obtaining the permits for this job and we should be able to complete it
within 30 day from your authorization to proceed.
If you have questions, please contact me.
Regards,
ichael T. Cook
District Engineer
Page 7 of 7 Pages
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