HomeMy WebLinkAbout20071733.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF UNITED POWER FACILITIES AND
AUTHORIZE CHAIR TO SIGN - UNITED POWER, INC.
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 United
Power 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 United
Power, Inc., commencing May 16, 2007,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 Relocation of United Power 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 United Power, Inc., 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 June, A.D., 2007, nunc pro tunc May 16, 2007.
B. -D OF COUNTY COMMISSIONERS
� i , , /� W OUN , C�QLO'. DO
ATTEST: J >�
1161 1 j :'= 4sto tt:vid E. Long, Chair
Weld County Clerk to the an
BY: Vad1 . � illiam H. Pro-Tem
. _ n
De ty Cler o the Board f '
iam F. Garcia
APPR A •
AEXCUSED
Robert D. Masden
ounty Attorney
el 10-7 Douglas ademach
Date of signature: l 1 l
2007-1733
EG0056
re;t1:4"-•
MEMORANDUM
TO: Clerk to the Board DATE: June 18, 2007
FROM: Wayne Howard, Chief Senior Engineer, Public Works
COLORADO
SUBJECT: Agenda Item
Agreement for Relocation of United Power Facilities located at WCR 3 and WC 10.5.
Enclosed are two duplicate,original Agreements. Please send one original to Public Works as
soon as the document is signed.
The appropriate documentation is attached.
M:\Francie\Agenda Item.doc
2007-1733
1NIT- D
�0 � UNITED POWER, INC.
P.O.Box 929, Brighton, CO 80601 • Telephone:303-659-0551 • 1-800-468-8809
Fax:303-659-2172 • http://www.unitedpower.com
May 16, 2007
Mr. Bob Patrick
Weld County Public Works
PO Box 758
Greeley, CO 80632
Dear Mr. Patrick:
SUBJECT: WO 2703-078—Relocate for WCR 3 improvements
United Power has completed the design and cost estimate to relocate the existing electric lines necessary
to work the planned improvements to WCR 3.
The enclosed design plan sheet shows the relocation area. Only the underground line is required to be
relocated; no poles will be relocated.
The estimated cost to perform the relocation work, including labor and materials is $73,000. The estimate
is valid for six months. Since the facilities to be relocated are located with a private easement, United
Power will expect reimbursement of the relocation cost. Accordingly, an invoice and agreement in the
amount of $73,000 is enclosed. This invoice includes the expected cost of right-of-way acquisition and
ditch crossing permits.
An approved Purchase Order or payment is required prior to entering the relocation on our construction
schedule. If you have a list of existing utilities, both public and private, please forward that list to me
with the respective contact persons and phone numbers.
Our ROW staff is working on the acquisition of required permits and easements. The job is on hold
pending completion of the easement acquisition. The expense of easement acquisition and permits will be
invoiced to Weld County as soon as we know those costs.
Thank you for the opportunity to provide this service. If you have questions, please call me at 303-637-
1254.
Sincerely,
UNITED POWER, INC.
IS tit: Awl . .
Bill Meier
Lead District Representative
WJM:jdl
Enclosures
Your Touchstone Energy® Partner 0:01c
Map Location 4407 Work Order No.2703-078
AGREEMENT
FOR
RELOCATION OF UNITED POWER FACILITIES
Document Origin Date: May 16 2007
THIS AGREEMENT, made by and between UNITED POWER, INC., a Colorado
corporation (hereinafter called "United") and Weld County Public Works (hereinafter
called "Customer").
WITNESSETH:
WHEREAS, the Customer has requested United to relocate certain electric distribution
facilities located at WCR 3 at Road 10 1/2 (hereinafter called the"Project").
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
1. Customer shall arrange for the accurate location and visible marking of all private
underground utilities, (including but not limited to water, telephone, sewer, septic,
cable TV, fiber , and gas) prior to the construction of any facilities by United. Any
damages to unmarked underground utilities by United or United's contractors will be
at the Customer's expense and responsibility to repair.
2. The estimated cost for this service relocation is $73,000. Customer will be required
to pay this amount before materials will be procured and construction scheduled. If
any additional construction costs are required due to unforeseen project changes, a
"Change Order" will be submitted to Customer and there accepted as an Addendum
to this contract. This agreement and cost estimate includes the expected cost of right-
of-way, easements or permits,which will be required prior to relocation.
3. Once the materials are procured and construction scheduled, the estimated cost paid
by Customer shall be nonrefundable. The agreement shall be binding upon and inure
to the benefit of the parties, their successors, assigns, and personal representatives.
4. The agreement price herein contained will be valid for a period of six months,
commencing as of the date of this agreement. If not properly signed and returned to
United within the said six-month period, this cost may be redetermined and the
Page I of 2
�?oo7-/72S
transferable. It shall be a binding agreement between United and the Customer named
above.
5. Upon completion of the relocation of said electric facilities, the cost estimate shall be
compared to the actual cost of said facilities as entered into the books of United. If
the actual cost is less than the estimated cost, United shall refund the difference to the
Customer. If the actual cost to United proves to have been greater than the
construction deposit, the Customer shall pay the difference to United within thirty
(30) days following written notice of such excess amount.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
this
20th day of June , 20 07
UNITED POWER, INC.
p�
By 613 (Signature)
District Representative
(Title)
ATTEST: BOARD OF COUNTY COMMISSIONERS
�� OF WELD COUNTY,STATE OF COLORADO
Weld County Clerk to the Boar., t JE isa
,s,1/49
By: % _eput Clerk to the ��1, u N:\ '/ David E. Long, Chairman
06/20/ ' 007
•
*If other than president,vice-president,partner or owner,a power of attorney must accompany contract.
Rev'd 02/02/06
Page 2 of 2
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