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Home My WebLink About20071951.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES AND AUTHORIZECHAIRTO SIGN-MORGAN COUNTY 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 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 Morgan County 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 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 Morgan County 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 11th day of July, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W COU N TY,fipLORADO ( "2q ATTEST: itcfi` n` ) JavidE. Long, Chair Weld County Clerk to th Ord, , ' 9, `, "'t EXCUSED Wiliam ��pp. J rk�, ro-Tem BY JaiPiW r De CI to the B93-d ! L9/�'' i •-m F. Garcia APPR6OEDA OflM: tx IL Robert D. Masden C unty Attorney ,r✓ D Douglas ademache ate of signature: / 2007-1951 EG0056 (t( Po C 4 auo �� O'7-OO -U7 re" ce MEMORANDUM TO: Clerk to the Board DATE: July 9, 2007 COLORADO FROM: Wayne Howard, Public Works SUBJECT: Agenda Item Agreement with Morgan County Rural Electric Association to relocate electrical facilities for the Bridge 87/42.5A replacement project. Enclosed are two duplicate, original Agreements. Please return one signed Agreement to Public Works. The appropriate documentation is attached. M:\Francie\Agenda Item.doc ry o ° I c/1� D 0 _-, y..: E hl—1 N t_> N O 2007-1951 AGREEMENT BETWEEN MORGAN C OUNTY RURAL ELECTRIC ASSOCIATION AND WELD COUNTY GOVERNMENT FOR RELOCATION OF ELECTRICAL FACILITIES THIS AGREEMENT, made by and entered into this // day of July , 2007, by and between MORGAN COUNTY RURAL ELECTRIC ASSOCIATION, P.O. Box 738, Fort Morgan, CO 80701, a Colorado corporation (hereinafter called "MCREA") 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 MCREA to relocate certain overhead electric distribution facilities at the WEL087.0-042.5A bridge replacement project (hereinafter known as "Project") to make ready for the bridge replacement on Weld County Road 87 across the South Platte River; WHEREAS, MCREA is willing to relocate said facilities in accordance with line extension and relocation policies on file at MCREA's offices and currently in effect; 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 agrees as follows: 1. Except as otherwise provided herein, MCREA shall relocate an overhead line and power poles from their current status along the west side of Weld County Bridge 87/42.5A. 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 five feet within the eastern border of County Right of Way. 3. Relocation shall include replacement of existing power supply to the Jackson Lake Reservoir and Irrigation Company. 4. The terms of this agreement shall apply to the electric facilities as shown on the site plan attached hereto and made a part hereof as "EXHIBIT B." 5. The County desires to have the electric distribution facilities described herein relocated within 45 days. MCREA 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 Page 1 of 3 o,,OD7-/95/ within that period of time. If said facilities cannot be relocated within that period of time, MCREA 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 MCREA. 6. County 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 MCREA's specifications. 7. MCREA shall perform all electrical line construction, including any rock removal and backhoe work, in accordance with MCREA's specifications. 8. 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 MCREA's facilities. The County shall verify the relocation alignment prior to MCREA setting new poles to confirm that said alignment is sufficiently clear of Project construction work. 9. MCREA shall install the facilities described herein in accordance with good engineering practice. The County shall reimburse MCREA for any expense due to subsequent changes by the County. The County shall reimburse MCREA for any expenses incurred by MCREA to repair damages to its facilities caused by the County or other parties during the construction period. If the final costs exceed the estimate, MCREA shall submit to County a cost breakdown of the costs exceeding the estimate prior to payment. The County shall pay the remainder upon completion of the relocation. 10. MCREA shall be responsible for coordination of traffic control specific to its relocation effort. 11. MCREA has estimated the total cost of said relocation to be $15,500.00 as shown in EXHIBIT A, which includes removal of existing poles and overhead line. If actual costs at the end of the relocation are less than the estimated amount, MCREA shall refund to County the difference. 12. The County may terminate this agreement at any time prior to or during the actual construction of electric facilities described herein by MCREA. In such an event, a portion or all of the consideration paid by the County in advance to MCREA hereunder shall be used to reimburse and pay MCREA for all expenses or liabilities which may theretofore have been incurred by MCREA 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. 13. This Agreement shall be binding upon and inure to the benefit of the successors, legal representative and assigns of the respective parties hereto. 14. This writing, together with the exhibits hereto, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, Page 2 of 3 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. 15. 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 Morgan County REA By 1/4.., By j4c /- David E. ong, Chair (Signature) Date: 1 1 2007 (inc t....,.,et- o t n� I nevr„j (Title) J Mt �'! /`"44, rci ATTEST: ' - �1 Weld County Clerk to the Boar. V WI ( I I - W By Inyyam�,��" •` ,' i• � � Deputbar k6S / ?;; \ y Clerk to the Board Pte' Page 3 of 3 air?-/75/ EXHIBIT A MORGAN COUNTY RURAL ELECTRIC ASSOCIATION • Original Charge Ticket Saq. Code Quantity Item Unit Price Amount me. CIAC #2006-234 2 3 4 6 take off and reconnect @.1 ,000.00 $ 7 new power poles @ 1,500 = 10,500.00 9 relocate service @ 1,500.00 ,o relocate disconnect switch and leuuve old pole line @ 2, 500.00 t, total estimated cost = 15,500.00 12 13 14 estimat ed mat _of new underground l;na mi- irk- 'I tcli ncJ the ritrer 10 lore or the canal bare would hp 14, 145 plus reotrel of old line 17 1e 1' 19 20 21 21 23 24 26 Description: Weld aunty % Wayne Howard P.E. Name-Address: 1111 H Street Greeley, CO 80632-0758 Credit Authorized by: Purchase General Ledger _ Order No, Account No, Work Order No. Sheet No. Truck No. Location: Invoice No. Customer No. Charge Out --_ Signature: Return Reclaim X Data: 2/5/07 'Ticket No. -- MCREA 5796 Printed by Comnwctal-PWS Printers Ft.Morgan.CO EXHIBIT B 2 g \ . } \ } te ` \ 7 ! � � � } ; Q 11 ` ; l ® /\ ( / \ \ $} ! 2 ( ° w Itilliil , © i _ \ ]I _ _�— __op;_ - 'S \ lr -A � � "alinT9 ` it , e-1:c \ ^ @ 15-4 "I, ) , / tat �} . / e } ' � i6J @ � y , ! c ^ , ! ® ti3 { 2 / � } II $ e - 11 \ tAlliC\ ?A CIO \ ) %( �; 2 � \ - : ; �. . Hello