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Home My WebLink About20022942.tiff RESOLUTION RE: APPROVE AGREEMENT TO RELOCATE ELECTRICAL FACILITIES FOR BRIDGE 13/26A PROJECT 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 to Relocate Electrical Facilities for the Bridge 13/26A Project 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., with 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 to Relocate Electrical Facilities for the Bridge 13/26A Project 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 4th day of November, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: )12vt, Id Gle aad, Chair Weld County Clerk t.` e z•s r.••5 �, O,/ CekAi David E. Lo g, Pro-Tem BY: r. z.: � .x/'77 UA Deputy Clerk tot �:�%p � /� � y ""• Zip ✓ IG1 di e APPR ED ASLTO F►- 'M: 4-1—) VAA' William H. Jerke rung County Attorney EXCUSED DATE OF SIGNING (AYE) ASP Robert D. Masden Date of signature: 2002-2942 et', E& EG0046 Map Location 2131 Work Order No . 2203-028 AGREEMENT BETWEEN UNITED POWER,INC. AND WELD COUNTY GOVERNMENT FOR RELOCATION OF ELECTRICAL FACILITIES ,n THIS AGREEMENT, made by and entered into this 7 day of {lhaen.,6¢r. . 2002, by and between UNITED POWER, INC., a Colorado corporation (hereinafter called "United") 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, the County has requested United to relocate certain overhead electric distribution and subtransmission facilities at the WEL 013.0-026.0A bridge replacement project (hereinafter known as "Project")to make ready for the bridge replacement on Weld County Road 13 at the Saint Vrain River; WHEREAS, United is willing to relocate said facilities in accordance with line extension and relocation policies on file at United'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, United shall relocate an overhead line extension from its current status along the east side of Weld County Bridge 13/26A and over and across the St. Vrain River. 2. The relocation shall remain in place during the interim period of construction by the County for bridge replacement Project. 3. Upon completion of the bridge Project, United shall relocate the electric facilities back toward the bridge and near the original alignment along the east side of the new bridge. The new alignment shall be within County right-of-way. 4. The terms of this agreement shall apply to the electric facilities being bounded by green on the site plan attached hereto and made a part hereof as"EXHIBIT A." 5. The County shall provide United appropriate easements and surveys relative to the Project upon which to make the line relocation. Page 1 of 3 aO27-0 t/2 _ 6. The County desires to have the electric distribution facilities described herein relocated within 45 days. United 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, United 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 United. 7. 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 United's specifications. 8. United shall perform all electrical line construction, including any rock removal and backhoe work, in accordance with United's specifications. 9. 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 United's facilities. The County shall verify the relocation alignment prior to United setting new poles to confirm that said alignment is sufficiently clear of Project construction work. The County shall assume all responsibility for proper location thereof and shall reimburse United for any expense due to subsequent changes and for any damage claims against United, including full reimbursement for damages established and expenses incurred in regard thereto, plus reasonable attorney's fees and court costs. 10. United shall install the facilities described herein in accordance with good engineering practice. The County shall reimburse United for any expense due to subsequent changes by the County. The County shall reimburse United for any expenses incurred by United to repair damages to its facilities caused by the County or other parties during the construction period. If the final costs exceed the estimate, United 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. 11. The County shall be responsible for permitting and coordinating all construction activities within the Project, including but not limited to the Army Corps of Engineers river crossing requirements, Colorado Department of Transportation, and County permits. United shall be responsible for coordination of traffic control specific to its relocation effort. 12. United herewith sends an invoice for a construction deposit in the amount of$56,500.00 to the County; said deposit being the estimated total cost of the electric facilities described herein, including overheads and contingencies. If actual costs at the end of the relocation are less than the estimated amount, United shall refund to County the difference. 13. The County may terminate this agreement at any time prior to or during the actual construction of electric facilities described herein by United. In such an event, a portion or all of the consideration paid by the County in advance to United hereunder shall be used to reimburse and pay United for all expenses or liabilities which may theretofore have been incurred by United 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 electric facilities to be provided hereunder shall be valid until January 31.2003. Page 2 of 3 14. This Agreement shall be binding upon and inure to the benefit of the successors, legal representative and assigns of the respective parties hereto. 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. Weld County Government UNITED POWER,INC. (Coon ) By By Glenn Vaa , air (Signature) Date: 11 /04/2002 District Representative (Title) (Seal) /Ay E�t�` ATTEST: .!v�_.. A. ♦ f/�,V�1�� 0 ` (' _4O. .' Deputy Clerk To The Boar`,, 3 —, � , • � % Address P.O. Box 758 I Greeley, CO 80632 * If other than president,vice-president,partner or owner,a power of attorney must accompany contract. 10/02 Page 3 of 3 lava-e294/z2 1NITEDPOWER Date: 10- 10'0 2- Site Plan rimi ,Bg-loGt ` W Liz. 13 c . (.%. C c a i ORI&IAJAL. t 1 ..\., / s 7 Sainc.a. \ 2 13 C , \ - R ovE ii — — c#-'— RP.nnoila M ----- e.----- -- I1 Wt T 1 --.zti1T NtW C mi lTFJv1 PDR,ttY 22AJSi F`ULT 1 D 1 ©FFt6T 4>44 kal= � S lc \ Pa2.D6E c kid 2 13 Eter 1, • \ - J /L gEMOV G- 1 RE.'TD1&T ID....) JORT4-I N - / Job Wan Count vY W.0. # 24O3 -028 ►.1/tL /3.0 -On..DA- Serv. # By 1;ME-160— Bill Meier 637-1254 trneiskjaritH MEMORANDUM, , t t AFT TO: Clerk to the Board DATE: Oct. 30, 2002 CFROM: Frank B. Hempen, Jr., ifitt( • Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Agreement with United Power, Inc. to relocate electrical facilities for Bridge Project 13/26 A The appropriate documentation is attached. Enclosures pc: Wayne Howard, Project Manager M:AWPFILES\FrancieA AGENDA.MEM 2002-2942 Hello