HomeMy WebLinkAbout20082856.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES 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 an Agreement for the Relocation of Potable
Water 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
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 Agreement for the Relocation of Potable Water 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 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 27th day of October, A.D., 2008.
.: BOARD OF COUNTY COMMISSIONERS
.9 '_, ' ' .,/, WELD COUNTY, COLORADO
ATTEST: � " //D�/
��s
ham H. Jerke, Chair
Weld County Clerk to the 0
BY\ 1' 4u,1 -L. ,L?l l Roberti M�/aisd LPr m
Depuy Cler to the Board
U ilklam F. arcia
i
AP AS TO F �) --,, C c'
David E. Long 11
y Attorney �— kt%rx92 ').e
13 kDouglaslRadem er
Date of signature: ir
2008-2856
EG0058
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a
a� MEMORANDUM
VI D' TO: Clerk to the Board DATE: October 21, 2008
C.
COLORADO FROM: Mike Bedell, Public Works
SUBJECT: Agenda Item
thtah/e ld1L r Fe /;/ME
Agreement with Little Thompson Water District for the relocation of riertrical facilities for
construction of Bridge 13/54A.
Weld County will be responsible for 10%, Larimer County is responsible for 10%, and CDOT will
fund 80%of the cost associated with this utility relocation. The total utility relocation cost is$41,460.
Reference to:
IGA with Larimer County, doc # 2007-3066
Addendum to IGA with Larimer County, doc #2008-1927
Contract with CDOT, doc #2007-1081
Enclosed are two original,duplicate agreements. Please send one signed original agreement to Public
Works.
Enclosures
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M:\Francie\AgendaMikeBedell.doc
2008-2856
AGREEMENT BETWEEN
LITTLE THOMPSON WATER DISTRICT
AND
WELD COUNTY GOVERNMENT
FOR
RELOCATION OF POTABLE WATER FACILITIES
THIS AGREEMENT, made by and entered into this 27th day of October , 2008,
by and between LITTLE THOMPSON WATER DISTRICT, 835 East Highway 56, Berthoud,
CO 80513, a Colorado corporation (hereinafter called "LTWD") 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 LTWD to relocate or adjust certain water distribution
facilities at the Weld County Bridge 13/54A replacement project (hereinafter known as
"Project") to make ready for the bridge replacement on Weld County Road 13 across the Big
Thompson River;
WHEREAS, LTWD is willing to relocate said facilities in accordance with the attached cost
estimate, "EXHIBIT A";
WHEREAS, said water facilities are located on a private easement and right-of-way adjacent to
the County road right-of-way at 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, LTWD shall relocate a fire hydrant, manhole, vent
pipe, and valves from their current location along the east side of Weld County Bridge
13/54A. LTWD shall also extend steel casing adjacent to the river.
2. The relocation shall consist of relocating the existing facilities that interfere with the
Project and relocating the said facilities to the east side of the Project. The relocated
facilities will be placed approximately thirty eight (38') feet east and three hundred (300')
south of their present locations.
3. The terms of this agreement shall apply to the water facilities located in the area as shown
on the site plan attached hereto and made a part hereof as "EXHIBIT B".
4. The County desires to have the water facilities described herein relocated within 45 days.
LTWD does not warrant or promise that the facilities will be relocated within that time
period, but it shall use reasonable diligence to provide said facilities within that period of
time. If said facilities cannot be relocated within that period of time, LTWD shall not be
Page 1 of 3
ao6 02:1.s�
liable therefore or for damages caused thereby, particularly if installation is prevented by
an Act of God, Governmental Authority, action of the elements, accident, strikes, labor
trouble, inability to secure materials or equipment, or any cause beyond the reasonable
control of LTWD.
5. LTWD shall perform all right-of-way clearing within the Project required for the
relocation of the facilities described herein.
6. LTWD shall perform all excavation and backfill, including any rock removal and
backhoe work, in accordance with LTWD specifications.
7. The County shall establish and stake all easements of rights-of-way and set all lot corner
pins within the Project prior to installation of LTWD facilities. The County shall verify
the relocation alignment prior to LTWD setting new facilities to confirm that said
facilities are sufficiently clear of Project construction work.
8. LTWD shall install the facilities described herein in accordance with good engineering
practice. The County shall reimburse LTWD for any expense due to subsequent changes
by the County. The County shall reimburse LTWD for any expenses incurred by LTWD
to repair damages to its facilities caused by the County or other parties during the
construction period. If the final costs exceed the estimate, LTWD shall submit to County
a cost breakdown of the costs exceeding the estimate prior to payment. The County shall
pay the costs upon completion of the relocation.
9. LTWD shall be responsible for coordination of traffic control and obtaining any
necessary permits specific to its relocation effort.
10. LTWD has estimated the total cost of said relocation to be $41,460.00 as shown in the
Contract, which includes removal of existing facilities. If actual costs at the end of the
relocation are less than the estimated amount, LTWD shall invoice the County for the
actual costs.
11. The County may terminate this agreement at any time prior to or during the actual
construction of water facilities described herein by LTWD. In such an event, the County
shall pay LTWD for all expenses or liabilities which may theretofore have been incurred
by LTWD for engineering, for materials and equipment purchased or ordered, prior to the
date of termination.
12. This Agreement shall be binding upon and inure to the benefit of the successors, legal
representative and assigns of the respective parties hereto.
13. This writing, together with the exhibits and Contract hereto, 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.
Page 2 of 3
14. 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.
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.
Board of Weld County Commissioners
Weld County, Colorado Little Thompson WWaaterDistrict
By , t/iL-1.—, By �/ ' a 2(/��1 i7 ra"'� r
William H. Jerke, Chair (Signature)
Date: October 27. 2008 l5rijdG/ «%V% 1L/��
(Title) �%
ATTEST: ,; ,�
Weld County Clerk to the Boar
By
Deput Clerk to the Board
Page 3 of 3
awe-ae-
LITTLE THOMPSON WATER DISTRICT
Directors: District Manager:
Alex Sauer,President Richard H.H.Whittet
Jim Cooper
Kathyctober 2, 2008
Kathy Gallivan-Grist 835 E.Highway 56
Mac Juneau M Berthoud,CO 80513
Richard Macomber E.x%`$" Ar P 970532.2096
Gary Olson F 970.532-3734
N'\\'N'.I,TWD.or9
Michael Bedell P.E, i
Weld County Public Works
1111 H Street
P.O. Box 758 OCT
6 2008
Greeley, CO 80632-0758
I
Dear Michael: _
This letter is in response to your request for an estimate of the fuii ling required to do the
relocations and modifications to the District facilities associated with your bridge project No. I3/54A.
We have reviewed the plans that you have provided and we have a plan to mitigate the impacts
of your bridge construction project on our facilities. I have attached a sketch, on your plan set, outlining
the work to be done. Below is a summary of the work and the projected cost of the project.
Summary of Work for Weld County bridge project No. 13/54A:
1. Relocation of existing Fire Hydrant. $ 5,250.00
2. Relocate existing Air Vac vent to outside of the proposed guard rail. $ 2,500.00
3. Extend pipe and casing on North side of the river. $10,500.00
4. Extend Pipe and casing on the South side of the river. $11,500.00
5. Construction observation and mapping updates. $ 4,800.00
6. Contingency @ 20% $ 6,910.00
Total projected cost: $41,460.00
Our Contractor is currently working on another project in our District but should be available to begin
on this project before the end of October. Construction should be completed in three weeks depending
on the ground water levels (river level) encountered.
If you have questions, please contact me.
Regards,
Michael T. Cook
District Engineer
r 1�
•
GOPHER EXCAVATION, INC. " x t T P Estimate
PO Box 1079
BERTHOUD, CO 8051.3 Date Estimate#
•
970-532-1112
4/22/2008 08-105
Name/Address
Little Thompson Water District
835 East Highway 56
Berthoud,Colorado 80513
Project
Description Qty Cost Total
Little Thompson Water Line Extension&Re-Location Of Fire
Hydrant&Air-Vac
Relocate Existing Air-Vac On South Side Of The Big Thompson 1 2,500.00 2,500.00
River
Abandon Fire Hydrant&Relocate To The South With New ]2"x6" 1 5,250.00 5,250.00
Wet Tap
South Side Of Big Thompson River Extend 20"Casing 25'With 10" 1 11,500.00 11,500.00
Dip
North Side Of Big Thompson River Extend 20"Casing 20'With 10" 1 10,500.00 10,500.00
Dip
Thank You For The Opportunity To Quote You Work Total
$29,750.00
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