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Home My WebLink About20070361.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF WATERLINE FACILITIES ON WCR 9.5 BETWEEN WCR 28 AND STATE HIGHWAY 66 AND AUTHORIZE CHAIR TO SIGN - CENTRAL WELD COUNTY 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 Relocation of Waterline Facilities on Weld County Road 9.5 between Weld County Road 28 and State Highway 66 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Central Weld County 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 Relocation of Waterline Facilities on Weld County Road 9.5 between Weld County Road 28 and State Highway 66 between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Central Weld County 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 12th day of February, A.D., 2007. BOARD OF COUNTY COMMISSIONERS �Ss WELfjCOUNTY, COaORAIO ATTEST: %._.l;p '� / 4 % wi id E. Long, Chair Weld County Clerk to the Bo ' �i�• �/ 'LLB t—/ 7 BY: t �1iamll/erketo-Tem Deputy Clerk to the Board i Will' F. Garcia AP OV AS Robert D. Masden ounty Attorney - g Rade Cher Date of signature: -42 -6-7a 2007-0361 EG0056 a Kit" MEMORANDUM 1 TO: Clerk to the Board DATE: February 5, 2007 C. COLORADO FROM: Wayne Howard, Chief Senior Engineer SUBJECT: Agenda Item Agreement between Central Weld Water District and Weld County for Relocation of Waterline Facilities along WCR 9.5 between WCR 28 and SH 66. Two original agreements are enclosed. Send one signed original to Public Works upon execution. The appropriate documentation is attached. M1FrancieWgenda ltem.doc -- T1-1 2007-0361 AGREEMENT BETWEEN CENTRAL WELD WATER DISTRICT AND WELD COUNTY GOVERNMENT FOR RELOCATION OF WATERLINE FACILITIES THIS AGREEMENT, made by and entered into this l..,2 day of �t-Ae..t pnC ./ , 2007, by and between CENTRAL WELD COUNTY WATER DISTRICT, a Colorado quasi-municipal corporation (hereinafter called "District") 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, of P.O. Box 758, 9th St., Greeley, CO 80632 (hereinafter called "County"). WITNESSETH: WHEREAS, Section 29-1-203, C.R.S. provides that the District and the County may enter into contract and agreements with one another to provide intergovernmental services, and WHEREAS, the District owns, maintains, and operates a system for distribution of potable water within Weld County, Colorado, and WHEREAS, the County has requested District to relocate certain underground waterline facilities along Weld County Road (WCR) 9.5, between WCR 28 and State Highway 66 (hereinafter known as "Project")to make ready for the construction of the road, and WHEREAS, the limits of the Project are described as beginning at the North Project Right-Of- Way line of WCR 28 and ending at the North Project Right-Of-Way line of State Highway 66 (hereinafter known as the"Project Limits"), and WHEREAS, the District is willing to relocate said waterline facilities in accordance with the terms established in this agreement, and WHEREAS, said waterline facilities are located on a private easement within the Project Limits. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: 1. As set forth herein, District shall relocate an underground 18" waterline from its current status located within the Project Limits into a new easement mostly located along the proposed West Project Right-of-Way line. 2. County's share of the necessary relocation expenses shall only apply to that portion of the waterline currently located within the Project Limits, which expenses shall include the cost of obtaining the necessary easement. Relocation expenses of said waterline currently located outside of the Project Limits will be District's responsibility. District shall be responsible for all costs for upgrading, enlarging, or improving said waterline facilities beyond existing conditions. 3. County has previously provided District the necessary easement legal descriptions for the new easement upon which to make the waterline relocation along the Project. Page 1 of 3 • 4. District shall acquire the necessary easements for the relocation no later than February 1, 2007. District does not warrant or promise that easements will be acquired by this time. 5. County desires to have the waterline relocated by May 15, 2007. District 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, District shall not be liable therefore or for damages caused thereby. 6. District shall perform all necessary work required for the relocation of the waterline facilities described herein in accordance with District's specifications and in accordance with good engineering practice. 7. County shall reimburse District for relocation expenses of the waterline as described and shown on the cost estimate attached and made a part hereof as "EXHIBIT A." Relocation expenses shall only apply to the District's waterline facility within the Project, which includes all of the estimated costs as shown in "EXHIBIT A." If the final costs exceed the estimate, District shall submit to County a cost breakdown of the costs exceeding the estimate. The County shall pay the remainder upon completion of the relocation. 8. District shall be responsible for permitting and coordinating all construction activities within the Project, including, but not limited to, the Army Corps of Engineers, Colorado Department of Transportation, and County permits. District shall be responsible for coordination of traffic control specific to its relocation effort. 9. District has submitted an invoice for a construction deposit in the amount of$635,971.45 to the County; said deposit being the estimated total cost of the waterline facilities described herein, including overheads and contingencies. County shall deposit the estimated total cost with the District upon signing this Agreement. If actual costs at the end of the relocation are less than the estimated amount, District shall refund to County the difference. 10. County may terminate this Agreement at any time prior to or during the actual construction of waterline facilities described herein by District. In such an event, a portion or all of the consideration paid by the County in advance to District hereunder shall be used to reimburse and pay District for all expenses or liabilities which may theretofore have been incurred by District for engineering, for materials and equipment purchased or ordered, prior to the date of termination; with the balance of the construction deposit, if any, to be refunded to the County. The estimate of the cost of waterline facilities to be provided hereunder shall be valid until May 1,2007. 11. This Agreement shall be binding upon and inure to the benefit of the successors, legal representative and assigns of the respective parties hereto. 12, This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other Agreements concerning the subject matter of this transaction, whether oral or written, present or past. 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 contained in this Agreement shall give or allow any claim or right of Page 2 of 3 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 deemed an incidental beneficiary only. 13. No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the parties or their officers or employees may posses, nor shall any portion of this Agreement be deemed to have created a duty of care but did not previously exist with respect to any person not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies each of which shall be deemed an original on the date first written above. ORDERED BY: ACCEPTED BY: TILE BOARD OF WELD COUNTY COMMISSIONERS CENTRAL WELD COUNTY WATER DITRICT a*BY �. "G✓ NAME David E. Long 6 AME James E. Miller (Please Print) TITLE Chair TITLE President FEB 1 2 2007 Date ADDRESS 2235 2nd Avenue E JJ Greeley, CO 80631 ta cm (SEAL) /� (SEAL) L� i ATTEST: kl ATTEST: Weld CouuJnntyyClerk to�o�"the ��LBoard ,r,, l� BY Z/J3W/1(7�r yiV27) BY John W. 77ade1 (Please Print) TITLE Deputy Clerk to the Board TITLE General Manager Page 3 of 3 9cnv- D SE/ 18" WATER MAIN RELOCATION - WCR 9.5 NORTH OF WCR 28 OPINION OF PROBABLE COST OWNER: CENTRAL WELD COUNTY WATER DISTRICT "Exhibit A" November 26, 2006 MATERIALS & INSTALLATION QTY UNIT PRICE/UNIT EXTENDED PRICE BID SCHEDULE NO. 5 1 18" DIP WATER MAIN 5022 LF $ 50.00 $ 251,100.00 2 18" DIP W/LOCK JT 324 LF $ 67.00 $ 21,708.00 3 18" X 12" X 18" TEE, M.J. 1 EA. $ 2,000.00 $ 2,000.00 4 12" GATE VALVE & BOX 1 EA. $ 2,200.00 $ 2,200.00 5 12" SOLID SLEEVE 1 EA. $ 600.00 $ 600.00 3 ID WIRE 5400 LF $ 0.10 $ 540.00 4 POLY WRAP 5900 LF $ 1.00 $ 5,900.00 5 18"45° BEND M.J. 2 EA $ 2,000.00 $ 4,000.00 6 18" SOLID SLEEVE, M.J. 1 EA $ 1,000.00 $ 1,000.00 7 THRUST BLOCK 2 EA $ 2,400.00 $ 4,800.00 8 18" GATE VALVE & VAULT 1 EA $ 8,500.00 $ 8,500.00 9 30" STEEL CASING 305 LF $ 250.00 $ 76,250.00 10 18" X 30" INSULATORS 104 EA $ 300.00 $ 31,200.00 11 18" RESTRAINTS 6 EA $ 300.00 $ 1,800.00 12 BEDDING - 3/8" TO 3/4" GRAVEL 3825 TON $ 13.00 $ 49,725.00 13 CHLORINATION & TESTING 1 L.S. $ 3,000.00 $ 3,000.00 14 AIR-VAC ASSEMBLY & VAULT 1 L.S. $ 5,500.00 $ 5,500.00 15 CONNECTION TO RITCHIE BROS. 12" LINE 1 L.S. $ 1,500.00 $ 1,500.00 16 CONNECTION TO EXISTING 24" PIPE; REMOVE EXISTING 1 L.S. $ 2,500.00 $ 2,500.00 17 MOBILIZATION - BONDING 1 L.S. $ 16,000.00 $ 16,000.00 SUBTOTAL $ 489,823.00 10% Engineering, Survey, Rec. Dwg., Contr. Admin., Project Rep. $ 48,982.30 5%Contingency $ 24,491.15 TOTAL ESTIMATED COST - BID SCHEDULE NO.5 $ 563,296.45 • . . 18" WATER MAIN RELOCATION - WCR 9.5 NORTH OF WCR 28 OPINION OF PROBABLE COST MATERIALS & INSTALLATION QTY UNIT PRICE/UNIT EXTENDED PRICE PAGE 2 ALTERNATE BID ITEMS 1 REMOVE EXISTING 18" PIPE 5100 L.F. $ 12.00 $ 61,200.00 2 RECOMPACT TRENCH 5100 L.F. $ 2.25 $ 11,475.00 TOTAL ESTIMATED COST -ALTERNATE BID ITEMS $ 72,675.00 Total Cost $ 635,971.45 Hello