HomeMy WebLinkAbout20082855.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 27th day of October, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
I . I_ ,S WELD COUNTY, COLORADO
ATTEST: Lid
�� •�� .� �� ��y
51 o riz. ' 'am H. Jerke, Chair
Weld County Clerk to the
n
\ -'''''-'"Pc°c ��Robert n Pro-Tem
By':� tLi t i I'Qi I /?L V ,,;' e
De ty Cle to the Board)
m . Garcia
OV AS O . Zt,--- cil 64 `
David E. Long
ty Attorney + h -
tat- t. �
, ., .A.-..s./]...ii
�� u les Rademacher
Date of signature:
A J
2008-2855
EG0058
(11 , I-51,0 C i tr-t,5) //- 2-O2?
MEMORANDUM
TO: Clerk to the Board DATE: October 21, 2008
COLORADO FROM: Mike Bedell, Public Works
SUBJECT: Agenda Item
Agreement with Poudre Valley Rural Electric Association for the relocation of electrical
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$25,450.
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
i
M:\FrancieWgendaMikeBedell.dce
•
2008-2855
AGREEMENT BETWEEN
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION
AND
WELD COUNTY GOVERNMENT
FOR
RELOCATION OF ELECTRICAL FACILITIES
THIS AGREEMENT, made by and entered into this 27th day of October , 2008,
by and between POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, P.O. Box 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, 9`h 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 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, PVREA is willing to relocate said facilities in accordance with the attached
CONTRACT FOR ELECTRIC SERVICE (hereinafter known as "Contract");
WHEREAS, said electric 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, PVREA shall relocate an overhead line and four
power poles from their current location along the east side of Weld County Bridge
13/54A.
2. The relocation shall consist of removing the existing power poles and overhead line 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 of their
present location.
3. The terms of this agreement shall apply to the electric facilities located in the area as
shown on the site plan attached hereto and made a part hereof as "EXHIBIT A."
4. The County desires to have the electric facilities described herein relocated within 45
days. PVREA 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, PVREA
Page 1 of3 �y5
.& s -42?JC
J
shall not be 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 PVREA.
5. PVREA shall perform all right-of-way clearing within the Project required for the
relocation of the facilities described herein, including tree trimming, cutting and removal,
as required, and in accordance with PVREA specifications.
6. PVREA shall perform all electrical line construction, including any rock removal and
backhoe work, in accordance with PVREA 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 PVREA facilities. The County shall verify
the relocation alignment prior to PVREA setting new poles to confirm that said alignment
is sufficiently clear of Project construction work.
8. PVREA shall install the facilities described herein in accordance with good engineering
practice. The County shall reimburse PVREA for any expense due to subsequent changes
by the County. The County shall reimburse PVREA for any expenses incurred by
PVREA to repair damages to its facilities caused by the County or other parties 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. The
County shall pay the costs upon completion of the relocation.
9. PVREA shall be responsible for coordination of traffic control and obtaining any
necessary permits specific to its relocation effort.
10. PVREA has estimated the total cost of said relocation to be $25,450.00 as shown in the
Contract, 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.
11. The County may terminate this agreement at any time prior to or during the actual
construction of electric facilities described herein by PVREA. hi 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.
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 Poudre Valley REA
By /In—/4--i--)..---" B
William H. Jerke, Chair (S-ignat�
Date: October 27, 2008 AiimrtGe< C%' ti4,,,,, e., _CF'"wcca--7
(Title)
IATTEST: l /id)L ' 11'4 ii,a
Weld County Clerk to the Boar''1168 0 'kV
i e/ i;
By
.. �. 4(✓
Deputy llerk to the Board
Page 3 of 3
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CONTRACT FOR ELECTRIC SERVICE
The undersigned (hereinafter called the"Applicant") hereby applies for electric service from Poudre Valley Rural Electric Association, Inc. (hereinafter called
"Association")upon the following terms and conditions:
1. GENERAL
a. The Applicant will, when electric energy becomes available, purchase from the Association all electric energy used on the premises described below and will pay for at
applicable rates and terms in accordance with the"Schedule of Rates for Electricity and Rules and Regulations"(hereinafter called the"Rules and Regulations")as may fi
time to time be filed with the Public Utilities Commission of the State of Colorado by Poudre Valley Rural Electric Association.This contract shall continue in force for a minin
number of years as specified in paragraph 4(c)below from the date service is made available hereunder and said contract shall be automatically renewed on a yearly basis t
cancelled by at least thirty(30)days written notice given by either party to the other,at the addresses specified herein.
b. The minimum monthly or annual charge for electric service,regardless of the kilowatt hours consumed,shall be the higher of the following charges:
1) The minimum specified in the applicable rate schedule,or
2) One and one half percent(1 1/2%)of the Association's investment per month or eighteen percent(18%)of the Association's investment annually,based upon the ac
estimated cost of constructing and installing the line extension and facilities necessary to supply the service,or
c. The transformer charge specified in the applicable rate schedule. No agent or representative of the Association has the power to amend, modify, alter or waive any of
provisions of the terms of this contract. Any promises,agreements,or representations made by any agent or representative of the Association not herein set forth shall be r
and of no effect.
d. Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association. This contract will not alter the terms of any o
contract between the Applicant and the Association.
2. RESPONSIBILITY
a. The Applicant will sign separate Application for Service on a form provided and will comply with the Rules and Regulations of the Association.
b. Failure on the part of the Applicant to accept service from the Association or to comply with the Rules and Regulations of the Association,or to perform under the terms and
conditions of this contract,shall not relieve the Applicant from making all the payments and performing all the conditions set forth in this contract. In the event the applicant
becomes delinquent in any payments,the applicant will forfeit all construction deposits therefore made,and the Association shall have the option to declare all of die remainde
of the payments due under this contract immediately due and payable. The Association,at its option and without further notice,may remove all or part of the facilities.
c. The Association may record this instrument in the office of the County Clerk and Recorder in the County in which the real estate is situated.
d. This agreement shall be binding upon the successors,legal representatives,heirs,devisees,and assigns of the respective parties hereto.
e. The Association shall use reasonable diligence to provide the Applicant with a constant and uninterrupted supply of electric power and energy;but if such supply shall fail or EN
Interrupted or become defective through acts of God,or the public enemy,or by accident,strikes,labor troubles,or by action of elements or inability to secure rights-of-we)
other permits needed,or any other cause beyond reasonable control of the Association,the Association shall not be liable therefore.
3. RIGHTS-OF-WAY
a. The Applicant hereby grants and conveys unto the Association the right,privilege and easement to construct,operate and maintain the facilities together with right of ingress
egress,including the installation of Association owned locks and/or lock boxes,etc.,as may be necessary to extend,maintain and operate this service.
b. The Applicant hereby gives to the Association without cost or expense,the further right and privilege to cut and trim any trees or shrubbery near said overhead lines suppl
the Applicant,so that adequate and proper service may be extended hereunder.
c. The Applicant further agrees to assist in obtaining needed rights-of-way that may be required to provide service hereunder.
d. The Applicant acknowledges that he/she has been instructed to disclose locations of underground obstructions.The Applicant agrees to indemnify the Association against los
damage to underground property of the Applicant or to underground property of others on the Applicant's property.The Association will use reasonable care in locating
digging holes or trenches for poles,anchors or under-ground service but will not be responsible for damage to sewers,water lines or other underground facilities if the e
location of such underground property can not be determined before construction begins.
0. CONTRACT PROVISIONS
a. Service will be rendered at the Association's standard voltage. The Association's meter shall constitute the point of delivery to the Applicant and the Applicant will own
maintain all poles,wires,equipment and other facilities beyond the point of delivery.
b. Service to be furnished under this agreement is to be delivered at a mutually agreed point on the Applicant's premises described below:
Legal Description:
Located in Quarter of Section 19 Township 5 N.Range 67 W.of 6'"P.M.in the
County of WELD further described as WELD COUNTY BRIDGE#13/54A-OVER THE BIG THOMPSON RIVER
SERVICE ADDRESS: X I BUILDING PERMIT NO.: X
c. This contract shall continue in force for a minimum of N/A year(s)from the date service is made available.
d. Type of Service: ( )Permanent (X)Indeterminate ( )Temporary
Describe:RELOCATION OF POUDRE VALLEY REA'S 12,470 VOLT OVERHEAD FACILITIES ON WELD COUNTY ROAD 13.
Maximum KVA N/A Horsepower
( ) Single Phase (X) Three Phase (X) Overhead ( ) Underground
e. Applicable Rate Schedule N/A
f. The Association hereby acknowledges receipt of the following consideration paid by the Applicant in accordance with the applicable Rules and Regulations:
252.20 Ledger Acct.No. Amount Due:$ 25.450.00(ESTIMATED COST) Refundable Yes( 1 No(X)
Ledger Acct.No. Amount Due:$ Refundable Yes( 1 No( 1
Conditions:PLEASE NOTE THE LOCATION OF OUR STAKES AND ADVISE POUDRE VALLEY REA OF ANY UNDERGROUND OBSTRUCTIONS.THE APPLICANT
WILL PAY THE TOTAL COST OF THE FACILITIES AFTER THE COMPLETION OF THE PROJECT.
POUDRE VALLEY REA RESERVES THE RIGHT AND SHALL CONTINUE TO HAVE AN EASEMENT TO USE SAID AREA OF COMMON USE IN COMMON WITH THE
PUBLIC USE OF SAID HIGHWAY FOR ALL OF THE PURPOSES FOR WHICH THE POUDRE VALLEY REA EASEMENT WAS ACQUIRED.
IF AT ANY TIME WELD COUNTY OR ANY REQUESTING PARTIES UNDERTAKES IMPROVEMENTS OF HIGHWAY RIGHT-OF-WAY,WHICH NECESSITATES THE
RELOCATION,RECONSTRUCTION,REMOVAL OR ABANDONMENT OF POUDRE VALLEY REA FACILITIES,THE REQUESTING PARTIES SHALL BE RESPONSIBL
FOR THE COST ASSOCIATED WITH THIS WORK.
Social Security Number WELD COUNTY PUBLIC WORKS DEPARTMENT
APPLICANT(S)
X N/A ATTN:MIKE BEDELL Date(s)X
Owner X
eyes ( )No SIGNATURE(S) X Title(s)X
(N\ P-c•�aLw� � SF Ntcr'_ E+Y
Phone Number
ADDRESS 1111 H STREET
X
Taken by CITY-STATE-ZIP GREELEY,CO 80632
TF
I ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS DOCUMENT
"" Accepted by POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC
By Date
Attachments
Rate Schedule W.0.No. 40553 Location No.
ROW Easement EXISTING EASEMENTS Contract Expiration Date N/A
Purchase of Power Agreement Minimum N/A Rate N/A Class N/A
Name Acct No.
Other
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.•P.O.BOX 272550 FORT COLLINS,COLORADO 50527-2550•7649 REA PARKWAY FORT COLLINS,CO 5052'
1470-226-1234.1-800-432-1012
RETURN ONE SIGNED COPY TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION•RETAIN ONE COPY FOR YOUR RECORDS
x:\Engineering\2008\TF\WO 40553 CONTRACT.doc
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