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Home My WebLink About20073552 RESOLUTION RE: APPROVE CROSSING AGREEMENT ON COUNTY ROAD 18 AND AUTHORIZE CHAIR TO SIGN - THE PLATTEVILLE IRRIGATING AND MILLING COMPANY 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 Crossing Agreement on County Road 18 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 Platteville Irrigating and Milling Company, 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 Crossing Agreement on County Road 18 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 Platteville Irrigating and Milling Company 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 21st day of November, A.D., 2007. BOARD OF COUNTY COMMISSIONERS =n, ' • WELD COUNTY, COLORADO ATTEST: � � .� XCUSED avid E. Long, Chair Weld County Clerk to the f, p BY: 1-71--,, 1 William H. ke, Pro-Tern /� n De y CI to the Boa d `- (7/27 Willi F. Garcia APP AST )A b,i4 Robert D. Masden my At ney l �ID DouglasRademacher Date of signature: I l 2007-3552 EG0056 MEMORANDUM ' C. TO: Clerk to the Board DATE: November 19, 2007 COLORADO FROM: Wayne Howard, Chief Senior Engineer, Public Works SUBJECT: Agenda Item Crossing Agreement with the Platteville Irrigating and Milling Company on WCR 18. M:AFrancfeAAgenda Wayne Howard.doc i _7l l. . J H—I cn w Cry 2007-3552 CROSSING AGREEMENT 3i7 THIS AGREEMENT, made this PE day of 190A4 ,2007, between THE PLATTEVILLE IRRIGATING AND MILLING COMPANY,hereinafter the "Company", of 12994 Weld County Road 28, Platteville, Colorado 80651and 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, of P.O. Box 758, 9'" St., Greeley, CO 80632, hereinafter "County", WITNESSETH; In consideration of all goods and valuables described in paragraph 3, the receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows: PROJECT DESCRIPTION Weld County Public Works Department is replacing Bridge No. I 8/25B and realigning the road approaches to the bridge on Weld County Road (WCR) 18 just west of US Highway 85. A 14' x 7' x 106' new concrete box culvert will be installed in Platteville Canal to carry WCR 18 as shown on Exhibit A. LEGAL DESCRIPTION AND COMMON LOCATION The project is generally located in the SE '/ of Section 19, T2N, R66W, approximately 695 feet west of US Highway 85 on WCR 18. WHEREAS, the Company is the owner of a canal and easement, hereinafter the "canal" as well as several delivery laterals and headgate structures within the Project area; and WHEREAS, County desires to acquire a certain right to cross the canal of the Company as described above. NOW, THEREFORE, in consideration of the mutual promises and covenants expressed herein, the parties mutually agree as follows: 1. The Company grants to County permission to construct and maintain said structure or device (hereinafter referred to as"Bridge 18/25B" for convenience) within the canal. 2. The Company grants to County the right of ingress and egress to and from Bridge I8/25B, as necessary and reasonable for the exercise of the purposes of this agreement and shall be held harmless for injuries or for damages to facilities of others resulting from activities performed by the County or the County's Subcontractors. 3. The County has designed Bridge 18/25B to accommodate the existing water capacity of the Company's ditch estimated to be most nearly 125 efs and to accommodate the Company's potential future flows of 300 cfs. Design calculations are available at the County's Public Works Office upon request. 4. Exhibit A, attached and incorporated by reference, illustrates generally the requirements subject to changes in the field as the Company may require. The County shall pay the Company S24,542.00 not to exceed, for the replacement of Company facilities which include a concrete drop structure, headgate, Parshall flume, diverter box and other miscellaneous items as shown in Exhibit B. The County shall pay half of this sum upon execution of this agreement. The County shall pay the Company for all reasonable costs of any legal or engineering costs associated with the project, not expected to exceed $10,000. The Company will be required to perform or contract all work and pay for all costs associated with the construction of the Company owned facilities as shown on Exhibit A. The County shall furnish survey staking necessary for the Company to establish grades for the construction of the concrete drop structure, headgate, and Parshall flume, if requested by the Company. The County shall be held harmless for damage to Company's facilities for activities being performed by the Company or the Company's subcontractors. 5. All work shall be performed only after prior notice and submission of plans and specifications to the superintendent of the Company, and review and approval of the same by the Company after such engineering and legal consultation as the Company considers necessary. Such approval shall not be unreasonably 11111111111111111Urinal" 3524317 12/18/2007 02:08P Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder s 7-3 5a— exercised. The work will be performed under the supervision of such superintendent. Field inspections must be conducted at initial stage of planning and at completion for final inspection. Any corrective work resulting from such field inspections shall be completed promptly at the sole expense of County. 6. In the event any sum is expended by the Company for emergency repair or maintenance of the canal, which repair or maintenance is caused by the acts or omissions of County in constructing or maintaining the culvert and crossing the canal, or which may reasonably be attributed to the existence of the culvert and crossing, County shall reimburse the Company for such expense. Determination of whether repair or maintenance is necessary, and whether an emergency exists, shall be at the discretion of the Company after notice to County, and such discretion shall not be unreasonably exercised. 7. Replacement of Bridge 18/25B shall be entirely without disturbance by County of the flow of water in the canal, unless permission in writing is first received from the Company for such disturbance. Central Colorado Water Conservancy District ("Central")'has the right to run augmentation water in the Platteville Ditch V throughout the year whenever there is no call on the river. Therefore, during construction, the County shall make provisions to allow Central to run augmentation water whenever water is available in the river. Central or Company shall notify County as soon as they receive permission to flow augmentation water during County construction. 8. Any subsequent repairs, replacements or maintenance that might affect the Company's use and operation of the canal shall occur during a time period when the canal is not being used to carry water, and be completed before that use begins. County expressly agrees that it shall be liable to the Company and/or its shareholders in damages for any unauthorized disturbance of the flow of water through the canal, to the extent that such disturbance is caused by or due to the activities of the County or those working on its behalf. Upon completion of any activity upon the canal easement by the County, it shall clean the canal and canal bank area to place it in the same or better condition than it was before the activity began, including the compacting of any disturbed soils. 9. In the event that the Company finds it necessary to perform emergency repairs to the canal, either now or at any future time, the Company shall be wholly without liability for damages to County as the result of the performance of such repairs, except as to such damage as may be caused by the Company's negligence. 10. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean and manage the canal as if this Agreement had not been made,and any expense or damages caused thereby to County shall not be chargeable to the Company, except as to such damage as may be caused by the Company's negligence. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes upon the canal right of way and within the canal itself, shall not constitute negligence. In the event, however, that any such action on the part of the Company could reasonably be expected to affect the County, the Company agrees to give prior notice to County, and to cooperate to avoid injuries or damages to the line. 11. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the successors and assigns of each of the parties hereto. This Agreement shall not be assigned by County without the written consent of the Company. 12. Any notice required or permitted hereunder shall be deemed effective when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party to whom notice is to be given,as follows: If to Company: Platteville Canal and Milling Company If to County: Weld County Public Works Attn: Gary Herman, Secretary Attn: Wayne Howard, P.C. 12994 WCR 28 P.O. Box 758, 1111 H St. Platteville, CO 80651 Greeley, CO 80632 or such other address as may be furnished to the other party by written notice. 111111 11111 DIM INN [BI 11111 11111 III 11111 IIII IIII 2 3524317 12/18/2007 02:08P Weld County, CO 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 13. The Company may make suggested revisions to the plans and specifications, and if such revisions are fully agreed to by the County in writing, with notice of such acceptance being given to the Company, then this agreement shall become effective upon receipt by the Company of such notice. The plans and specifications as approved shall be attached hereto as an exhibit and be recorded. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper persons, and have affixed their seals hereto on the day and year tirst above written. THE PLATTEVILLE ANAL AND MILLING CO By: Robert akata, President ATTEST: ry Date: II— /It-Q 7 By: A14.,, .- Gary/Herman, Secretary COUNTY BOARD OF WELD COUNTY COMMISSIONERS WELD COUNTY,�� COLORADO . . • By: /1-7 1 /L1Lv1 ' :`. r .,". William H. Jerke, Chair Pro-Tem ' :' 4 v. �7*1 fit' ? . Date: 11/21/2007 1661 't,� r U%de".' ,�" ii tit: XI, : ticfscl o the Board t By: ,11.E te( 14 (Y1/ p uty CI to the Board 1111111111111111111111111111111111 IIIII III 11111 liii ill 3 3524317 12/18/2007 02:08P Weld County, CO Q0J7-355Q_ 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PROPOSED ALIGNMENT OF WCR 18 7,[ PROPOSED CONCRETE IRRIGATION PIPE i-PROPOSED DIVERSION STRUCTURE )Company to replace) OPEN DITCH TO MATCH EXISTING IRRIGATION DITCH EXISTING HEADGAIE AND if ELUME (TO BE RELOCATED) EXISTING DITCH ITO BE REPLACED) PROPOSED 14 FOOT SPAN T--7 FOOT RISE PRECAST CONCRETE BOX 106 FT LONG / /IRIP RAP IN CHANNEL TO 0 / PROTECT FROM SCOUR V \ / I 0 @ £ `Yn�/ / 6 m \ � ✓•✓� ataTTewtte CANAL 9 _ e.'.1:1" FUL IUN DITCH 3 e', 'lf L` e. l i5' R 18 41---L----- i/ / / i (/ N RIP RAP IN CHANNEL TO � PROTECT FROM SCOUR EXISTING WCR 18— PROPOSED DROP STRUCTURE \__ (TO BE BUILT BY OTHERS)(Company to replace) PROPOSED LOCATION OF FLUME AND HEADGATE (Company to replace) = XH B T A 1 111111 1111 111 111 111111 111 111 11 1111 I'll (III 4 3524317 12/18/2007 02:08P Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder £1hib; + B Proposal Weld County Road and Bridge Project For Platteville and Millings Company Concrete 30 Yards at $ 110.00 a Yard = $ 3,300.00 Rebar 150 sticks of 5/8 rebar at $ 6.00 a stick $ 900.00 Concrete ties 10" ties at $50.00 a box 3 box's $ 150.00 Wires ties Wire ties for rebar $ 25.00 Partial Flume 1 Partial Flume $ 1,950.00 Fresno Gate 1 18" Fresno Gate $ 1,020.00 18 Pipe 1 18" pipe $ 380.00 Check Board 1 check board $ 75.00 Silicone 4 tubes of silicone $ 12.00 111111111111111111 1111111111111111111111111111111111 5 3524317 12/18/2007 02:08P Weld County, CO 5 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder A;Lt B Anchor Bolts 6 anchor bolts $ 10.00 Total for Materials $ 7,822.00 Equipment Rentals Trackhoe $ 85.00 an hour for 12 hours $ 1,020.00 Backhoe $ 65.00 an hour for 20 hours $ 1,300.00 Skidsteer $ 45.00 an hour for 15 hours $ 675.00 Dump Truck $ 50.00 an hour for 11 hours $ 550.00 Forms For use of Forms $ 450.00 Generator For use of Generator $ 350.00 Lowboy For use of Lowboy $ 150.00 Wackerplate For use of Wackerplate $ 140.00 11111111111111111111111111111111111111111111111111111 3524317 12/18/2007 02:08P Weld County, CO 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Jack Hammer For use of Jack Hammer $ 85.00 Total for Equipment $ 4,720.00 Labor $ 40.00 an hour for 300 man hours $ 12,000.00 Total for all $ 24,542.00 111110ln 1111111111111111111 I I OMB I I! 1111 3524317 12/18/2007 02:08P Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello