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Home My WebLink About20030256.tiff RESOLUTION RE: APPROVE CROSSING AGREEMENT FOR CONSTRUCTION PROJECT ON WELD COUNTY ROAD 15 BETWEEN WELD COUNTY ROADS 72 AND 74 AND AUTHORIZE CHAIR TO SIGN - LAKE CANAL 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 for Construction Project on Weld County Road 15 between Weld County Roads 72 and 74 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 Lake Canal Company, 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 for Construction Project on Weld County Road 15 between Weld County Roads 72 and 74 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 Lake Canal 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 27th day of January, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELEtQOUNJ TY, COLORAD ATTEST: ,tegte/l/ � ) - '' a livid E. Long, Chair Weld County Clerk to the B t I•, : , , Acv' / ��r• O4 x jbert D asden, Pro-Tem BY: .�.i5 .. 'rA�. '7i . -'N / Deputy Clerk to the Board . J. Geile APPRO D AS TO. M: EXCUSED .�. :a:; ' . unty Attorney Date of signature: 2003-0256 EG0047 CO = PAJ CROSSING AGREEMENT THIS AGREEMENT, made this 14thday ofJanuary 2003, between THE LAKE CANAL COMPANY, hereinafter the "Company", 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"Second Party", WITNESSETH; In consideration of Thirty-Four Thousand, Four Hundred Dollars($34,400.00), and other good and valuable consideration 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 realigning and paving Weld County Road 15 and will require a new canal crossing as part of the road proiect. A 5' x 8' x 144' new concrete box culvert will be installed in Lake Canal to carry WCR 15. LEGAL DESCRIPTION AND COMMON LOCATION The project is generally located in the SE '/. of Section 6,T6N,R67W, approximately 2600 feet north of WCR 72 and 290 feet west of the existing WCR 15. WHEREAS,the Company is the owner of a ditch and right-of-way, hereinafter the"ditch"; and WHEREAS, Second Party desires to acquire a certain right-of-way to cross the ditch of the Company as described above. T NOW,.THEREFORE, in consideration of the mutual promises and covenants expressed herein,the parties mutually agree as follows: 1. The Company grants to Second Party a right-of-way and easement to construct and maintain said structure or device(hereinafter referred to as the"culvert and crossing"for convenience)within the ditch. The right-of-way shall be exclusively to Second Party and shall not be used by any party other than the Company and Second Party without the written consent of both Company and Second Party. 2. The Company grants to Second Party the right of ingress and egress to and from said crossing location,as necessary and reasonable for the exercise of the purposes of this agreement. 3. Exhibit A attached and incorporated by reference illustrates generally the requirements subject to changes in the field as the Company may require. Second Party is responsible to furnish THE LAKE CANAL COMPANY, P.O. Box 104, Lucerne, CO 80646, accurate measurements and information to the Company. The Second Party shall pay$5,000.00 to the Company for a crossing fee for the culvert and crossing.The Second Party shall pay the Company $21,900.00 not to exceed, for the replacement of two headgates and the addition of one headgate located near the culvert and crossing as shown in Exhibit A, and pay the Company$7,500.00 not to exceed,which represents half of the total estimated costs for the purchase and placement of a canal liner at the location shown in Exhibit A. The Company will be required to perform or contract all work and pay for all costs associated with the construction of the headgates and installation of the canal liner. The Second Party shall be held harmless for damage to Company's facilities for activities being performed by the Company or the Company's subcontractors. The Second Party will replace an existing tile drainage system. A gate valve may require replacement located near the beginning of the tile drainage system. The tile will be replaced with a new plastic drainage system. The length of replacement of tho tile eystc i is- rWeseitnated-444-Fmehribit-Ar The actual length of tile replacement will be determined during construction.The intention is to /j eV'l Ak.r replace that portion of the tile drainage system that begins at a point on the north side of the Company's canal and will L pki extend to a point 10' west of the new ROW line for WCR 15, as shown in Exhibit A. The Company shall be held harmless from any damage to the Second Parties roadway, if said tile drainage system fails to operate properly. 4. All work shall be performed only after prior notice and submission of plans and specifications to the superintendent of the Company. and will be performed under the supervision of such superintendent.Field inspections will be conducted as needed. Field inspections must be conducted at initial stage of planning and at completion for final 1 203-t P inspection. Inspection by the superintendent does not warrant or guarantee the work or materials with this inspection. The Company's superintendent shall resolve any questions after options and expenses are considered. 5. In the event any sum is expended by the Company for emergency repair or maintenance of the ditch,which repair or maintenance is caused by the acts or omissions of Second Party in constructing or maintaining the culvert and crossing the ditch, or which may reasonably be attributed to the existence of the culvert and crossing, Second Party shall reimburse the Company for such expense. Determination of whether repair or maintenance is necec .ry, and whether an emergency exists, shall be at the discretion of the Company after notice to Second Party, and such discretion shall not be unreasonably exercised. 6. Installation of the culvert and crossing shall be entirely without disturbance by Second Party of the flow of water in the ditch, unless permission in writing is first received from the Company for such disturbance. Any subsequent repairs, replacements or maintenance that might affect the Company's use and operation of the ditch shall occur during a time period when the ditch is not being used to carry water, and be completed before that use begins. Second Party 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 ditch,to the extent that such disturbance is caused by or due to the activities of the Second Party or those working on its behalf. Upon completion of any activity upon the ditch right of way by the Second Party, it shall clean the ditch and ditch bank area to place is in the same or better condition than it was before the activity began, including the compacting of any disturbed soils. Second Party agrees to place and maintain signs on both sides of the ditch, which indicate the ditch right-of-way to be private property and entry upon the ditch right-of-way is trespass. Signs shall be located at points that do not interfere with the operation and maintenance of the ditch. Double ten-foot metal tubing gates shall be installed at the four entrances of the canal roads from the new WCR 15. 7. In the event that the Company finds it necessary to perform emergency repairs to the ditch, either now or at any future time, the Company shall be wholly without liability for damages to Second Party as the result of the performance of such repairs, except as to such damage as may be caused by the Company's negligence. 8. Installation of the culvert and crossing shall be entirely without cost to the Company. If necessary, the Company's attorneys shall be directed to review this Crossing Agreement, and to consult with Company officials or employees as to its contents and effect, and Second Party shall pay their fees and expenses, in addition to the consideration earlier recited. 9.The Company shall have full power to operate,maintain,alter,enlarge,relocate,clean and manage the ditch as if this Agreement had not been made, and any expense or damages caused thereby to Second Party 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 ditch right of way and within the ditch 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 Second Party, the Company agrees to give prior notice to Second Party, and to cooperate to avoid injuries or damages to the line. 10. 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 Second Party without the written consent of the Company. 11. The Company agrees to record this Agreement or an executed copy thereof at the expense of the Second Party,with the Clerk and Recorder of the County of Weld, and furnish a copy of said recorded document to the Second Party. 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: P.O. Box 104 If to Second Party: Weld County Public Works Lucerne, CO 80646 An: Wayne Howard, P.E. P.O. Box 758 Greeley, CO 80632 2 or such other address as may be furnished to the other party by written notice. 13. This agreement is contingent upon, and shall not take effect until, the approval by the Board of Directors of the completed plans and specifications of the crossing, which approval must be in writing, signed by the president and attested to by the secretary of the Company, and the giving of notice of such approval to the Second Party. The Company's signature on the plans is also a part of its approval. No work shall commence until such notice is given in writing to Second Party. The Company may make suggested revisions to the plans and specifications, and if such revisions are fully agreed to by the Second Party 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 first above written. THE L CANAL COMPANY By: ,ii' f-L4 ATTEST: Rodney/ elson-President Date signed: /— 0 : % Andy Mild, Assistant Secretary Date signed: (' 17--o3 SEC AR By: David E. Long, Cha Date: 01/27/2003 •KiATTEST: ' neces . h�ILe4 By: ,. • r ' Deputy Clerk to t' `�`��' c� UNIt 3 „O03-lost, t i i N6W,' VALVEGATE FOR 111E LINE t i DITCH TO BE LINED NEW 144. OF 5'x$' CONCRETE y TO PREVENT SEEPAGE BOX CULVERT " J r- APPROXIMATELY 220' t I ' f APPROXIMATE LOCATION OF : ' ' TILE DRAINAGE LINE . i i, , II : I i I i ` \�-- NEW HEADGATF. FOR ii iii t ' FIELD IRRIGATION . / Ili l it ' NEW HEADGATF -- l ,!r ( . t I ii r� �lr III ,;-// !� i , , , �,, TKf. 1! f I r/il I 1}: i L ' I rill I I r i ' TILE DRAINAGE LINE TO BE rr REPLACED TO THIS POINT ' j,, t II; I APPROXIMATELY ID' OUTSIDE Ilr lli i TOE Or ROADWAY SLOPE /, r , n l II , ,\ : i, , i; 1 : i .jtr s' ' it il , ipip I NEW VCR 15 LOCATION - I ! i ! � •" EXISTING VCR 15 Ii ; i Ii it I 1 • - (97 , -., • _------ HFADGATc '.FOR SMALL IRRIGATION ,.r / - DITCH_T[].BF REPLACED f l t t, i1. 1• �\ , \! ,; ii, � . \ � yt !i 1 i4 r ...._ Y: e �.. .. '1i i1 ';\1 „ t EXHIBIT A 6 \\\A ,, MEMORANDUM r CTO: Clerk to the Board DATE: January 22, 2003 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Acceptance of the Crossing Agreement with the Lake Canal Company for the road construction project, Weld County Road 15 between WCR 72 and WCR 74, north of Windsor. As part of the WCR 15 at Windsor Project, a new canal crossing is required for the roadway realignment. This agreement allows Weld County to create a new crossing over the Lake Canal and pay the Lake Canal Company for miscellaneous services associated with the new roadway alignment. Enclosures pc: Wayne Howard P E, Project Manager M:AWPFILES\FrancieA AGENDA_wpd 2003-0256 Hello