HomeMy WebLinkAbout960248 RESOLUTION
RE: APPROVE AGREEMENT FOR ROAD RIGHTS-OF-WAY WITH NORTHERN COLORADO
WATER CONSERVANCY DISTRICT/SOUTHERN WATER SUPPLY PROJECT WATER
ACTIVITY ENTERPRISE AND AUTHORIZE CHAIR TO SIGN
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 Road Rights-of-Way
between the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, and Northern Colorado Water Conservancy District, acting by and through its
Southern Water Supply Project Water Activity Enterprise, 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 for Road Rights-of-Way between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Northern
Colorado Water Conservancy District, acting by and through its Southern Water Supply Project
Water Activity Enterprise, 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 26th day of February, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
�� WE,LD COUNTY, COLORADO
4141A/64-i IL
L'Ild®♦ l //i�Jl�
/Orli 'Barbara J. Kirkmeyer,�hair
s ' i� �; o ff ty Clerk to the Board
� Pt
a FBaxter, r Terc
®lam eputy Cler the Board
Dale K. Hall
O D AS Tct_L„ ���'� C e�Ci � Ft
Constance L. Harbert Siun Attorniy - it `'/ /J)Th ��/
W. H. Webster /
960248
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ARa4ri0332 AGREEMENT
THIS AGREEMENT ( "Agreement") is made and entered into on
t-hruary-26 , 19_96_, by and between WELD COUNTY, COLORADO, BY
AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO ("Weld County") and the NORTHERN COLORADO
WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH ITS SOUTHERN
WATER SUPPLY PROJECT WATER ACTIVITY ENTERPRISE ("District") .
1 . Weld County hereby agrees to allow the District to
permanently occupy and use, subject to all of the terms and
conditions of this Agreement, the premises (the "Premises") more •
particularly described in Exhibit A, attached hereto and
incorporated herein by reference . The District acknowledges that
this is a non-exclusive right to permanently occupy and use the
Premises . The District consents to additional uses of the Premises
by Weld County and other entities, provided however that such
additional uses meet appropriate engineering standards and do not
unreasonably interfere with the District ' s use of the Premises as
described in this Agreement .
2 . The Premises may be permanently occupied and used by the
District for the sole purposes of constructing, operating,
maintaining, repairing and replacing a raw water pipeline and
appurtenant structures . Except as specifically allowed by this
Agreement, the District agrees to place no structures or other
items on or in the Premises .
3 . Weld County shall have the right to enter onto or into
the Premises at any time for any purpose of Weld County. Weld
County shall avoid any damage or interference with the District ' s
pipeline or appurtenant structures on or under the Premises .
4 . In exercise of its rights pursuant to this Agreement, the
District shall avoid any damage or interference with any Weld
County installations, structures, utilities, or improvements on,
under, or adjacent to the Premises . The District shall be solely
responsible for any damages suffered by Weld County or others as a
result of the District ' s use and occupancy of the Premises .
5 . All excavation and construction work performed by the
District shall be done in an expeditious and workmanlike manner
which minimizes the inconvenience to the public and individuals, as
more specifically described in Exhibit B, attached hereto. The
District will comply with all Weld County requirements regarding
curb and pavement cuts, excavating, digging and related
construction activities . All excavation, construction and other
work performed under this Agreement shall conform with all
applicable local, state and federal laws and regulations .
1
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Weld County CO Clerk & Recorder
960248
6 . Weld County shall have no responsibility, liability, or
obligation with respect to the safety or security of any person on
account of the District' s use of the Premises or of any personal
property placed or located on, at or in the Premises, it being
acknowledged and understood by the District that the safety and
security of any such persons and property is the sole
responsibility and risk of the District .
7 . The District agrees to take such actions as necessary to
maintain the Premises and pipeline and appurtenant structures in
good and safe condition at all times . By entering into this
Agreement, Weld County does not waive its right to enforce its
applicable ordinances, resolutions, rules and regulations with
respect to the District ' s use and occupancy of the Premises .
However, the District does not waive or relinquish any rights that
it may have under law, specifically including, but not limited to,
its rights and powers under C.R.S . § 37-45-118 (1) (d) (I) and (IV) .
8 . If Weld County contends that the District has failed to
comply with its obligations under this Agreement, the District
shall be provided with written notification by Weld County which
documents the basis for the contention and, if the contention is
consistent with the terms of this Agreement, the District shall
bring the Premises or pipeline or its appurtenant structures into
compliance with this Agreement within a reasonable period of time
after receiving such notification, which period of time shall be
consistent with the time periods set forth in the written
notification and consistent with the nature of Weld County' s
contention.
9 . Upon completion of the installation of the pipeline and
appurtenant structures, the District agrees to provide Weld County
with detailed "as-built" drawings which indicate the size, type,
horizontal location and depth of the pipeline and appurtenant
structures .
10 . The District agrees to list the pipeline with the Utility
Notification Center of Northern Colorado or its successor.
11 . To the extent permitted by law, the District agrees to
indemnify and save harmless Weld County and its officers, agents,
and employees, from any and all claims for damages, losses and
expense, including but not limited to attorneys' fees, that may
arise from or be incident to the existence or operation of the
District ' s pipeline or appurtenant structures on the Premises .
12 . Neither party to this Agreement waives any immunity that
it may have to suit or damages under the Colorado Governmental
Immunity Act, C.R.S . §§ 24-10-101, et seq. , as now in existence or
as changed at any time in the future, the doctrine of sovereign
immunity or any similar or subsequent act or doctrine .
2
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13 . Any notices or communication required or permitted
hereunder shall be given in writing and shall be personally
delivered, or sent by United States mail, postage prepaid,
registered or certified mail, return receipt requested, addressed
as follows :
If to Weld County:
County of Weld
915 Tenth Street
Greeley, CO 80631
If to the District :
Chief Engineer
Northern Colorado Water Conservancy District
PO Box 679
Loveland, CO 80539-0679
or to such other address or the attention of such other person(s)
as hereafter designated in writing by the applicable parties .
Notices shall be effective upon mailing.
14 . Waiver by either party of any breach of any term or
provision of this Agreement shall not be deemed a waiver of any
subsequent breach of the same or any other term or provision
hereof .
15 . This Agreement shall be governed by the laws of the State
of Colorado. Venue in any civil court action brought pursuant to
this Agreement shall be in Weld County.
16 . Weld County reserves the right to charge reasonable fees
in order to defray the cost of inspection and any and all
administrative expenses associated with the installation and
construction of lines contemplated by this Agreement, according to
a schedule of fees established by ordinance.
17 . This Agreement is personal to the parties hereto. The
District shall not transfer or assign any rights hereunder without
the prior approval of Weld County.
IN WITNESS WHEREOF, the parties have entered into this
Agreement on the date first above written.
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960248
WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD,
STATE OF COLORADO %
�4 E LzS By:v ,1A-Zi gL : /'Lie,/Lk,/ ric-_.,
IY'�w Mat /Chair Barbara J. Kirkm44r (02/26/96)
}}ee������qq'' try
1561 1�( \`•='
\`` ` E UNTY CLERK TO THE BOARD
on
Deputy Clerk
ACKNOWLEDGMENTS
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me by
BARBARA J. KIRKMEYER , as Chair of the Board of County
Commissioners of the County of Weld, Colorado on FEBRUARY 26
19 96
Witness my hand and official seal .
MY CC"" S JS
My commission expires : JA0narin, 19J9
/04
Notary Bilbl4
0 AS TO FORM:
_,,:27
14 �
Wel un i Att ney 2-1---------
2480332 B-1536 P-800 03/11/96 04:10P PG 4 OF 10
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960248
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT, ACTING BY AND THROUGH ITS
SOUTHERN WATER SUPPLY PROJECT WATER
ACTIVITY ENTERPRISE
Ba. �5�eGal
Darell D. elman
Associat eneral Manager
STATE OF COLORADO
ss .
COUNTY OF ,C3.e.me, )
The foregoing instrument was ckn wdq/ed before me by
.la tee tc O. c2!�bg/.n o.� , aS �c -1.-vat: or the`�Board of
Directors of the Northern Colorado Water Conservancy District,
acting by and through the Southern Water Supply Project Water
Activity Enterprise, on .ybn e- c2.s- , 1996 .
Witness my hand and official seal .
My commission expires : 442// 2 /q97
• tiA1 f✓a,
Not y Public w J
v•
. le" •
:.....
414a30
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360248
EXHIBIT A
The Northern Colorado Water Conservancy District, acting by
and through its Southern Water Supply Project Water Activity
Enterprise will enter the Weld County Road rights-of-way at the
following locations :
Weld County Roads 1, 5, 7, 9 1/2, 13, 17, 18, 19, 20, 21, 22, 26,
28, 30 1/4, 31, 32 and Platteville Main Street .
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EXHIBIT B
1 . The installation and construction of the pipeline upon
the Premises permitted herein shall be completed by
(date) . The District must inform Weld County of
the start date of all installation and construction. If the
District intends to perform any work on the pipeline on any
Saturday or Sunday, the District must inform Weld County of such
intention in writing. Any request for an extension of the time for
completion, as stated above, must be made to Weld County prior to
the required completion date.
2 . The District must provide Weld County with plan drawings
which show the positioning of the pipeline to be installed or
constructed on the Premises . The District shall ascertain the
location of all existing utility lines along the Premises in
relation to the pipeline to be installed and constructed. If it
becomes necessary to change the location of the pipeline, a new
plan drawing must be given to Weld County.
3 . The District shall secure and maintain, at its own cost,
general liability insurance with policy limits of not less than the
limits established by the Colorado Governmental Immunity Act,
C.R.S . §§ 24-10-101, et seq. , as now in existence or as changed at
any time in the future. During the period of construction, the
District shall add Weld County as an additional insured on its
policy. The District shall supply Weld County with Certificates of
Insurance and copies of insurance policies .
4 . The District shall mark the pipeline installed or
constructed upon the Premises with markers reasonably acceptable to
Weld County, Colorado. The District shall place a marker at each
side of any road which is crossed by the pipeline .
5 . During installation and construction of the pipeline, the
District shall maintain traffic on all Premises . Flagmen shall be
provided at any locations where the orderly flow of traffic is
interrupted.
6 . The District shall provide all necessary signs and
barricades in accordance with the Manual on Uniform Traffic Control
Devices and its latest Colorado Supplement in order to warn
oncoming motorists of any installation or construction work.
7 . If the District must close the Premises during
installation and construction, permission shall be obtained from
the Weld County Engineering Department at least 24 hours in advance
so the appropriate actions may be taken to effect such closure .
8 . The District will not allow cleated or track equipment to
work on or move over asphalt surfaces without mats .
7
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9 . The District will return all disturbed portions of the
Premises to their original condition within a reasonable time after
completion of construction.
10 . The District will at the end of each day during the
installation and construction, :
(a) Removed all material from the traveled portion of
the Premises .
(b) Back fill all excavations upon the traveled
portions of the Premises .
(c) Post proper signs for all materials and excavations
off the traveled portions of the Premises, in
accordance with the Manual on Uniform Traffic
Control Devices, and its latest Colorado
supplement .
11 . The District must obtain approval by Weld County prior to
cutting asphalt surfaces .
12 . The District shall place gravel on all surfaces where any
damage has occurred to the road surface from equipment, trenching,
or storage of material . Weld County shall determine the damaged
areas, depth of new gravel, and timing for the placement of said
gravel .
13 . On gravel roads where excavation is done in the road
surfaces or excavation materials are stacked on the road surfaces,
road base of 300 tons of 3/4 inch crushed gravel meeting the
Colorado Highway Department specifications for Class 6 gravel per
mile shall be spread by the District over the road surfaces upon
completion of the work. Shoulders on paved roads where excavation
is done shall require 100 tons per mile upon completion.
14 . The District shall encase the pipeline from toe of slope
to toe of slope under all paved County roads, intersections, and
approaches, unless Weld County agrees otherwise .
15 . Manholes and other points of access to the pipeline are
to be permitted within the Premises only when such manholes or
other points of access are located beyond the shoulder of the
through traffic roadways and do not obstruct maintenance operations
within the Premises .
16 . Above ground appurtenances, including, but not limited to
meters, launchers, receivers, or valve stations shall be allowed
within the Premises only upon the approval of the Weld County
Engineer.
8
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9602/8
17 . Thrust blocks shall be required on all vertical and
horizontal bends in the pipeline within the Premises, unless Weld
County agrees otherwise .
18 . If any wet or incompatible materials are produced by the
District from excavations and are to be returned to the original
grades and cross sections, Weld County will have the authority to
determine what materials shall be discarded and what materials
shall be acceptable as replacement .
19 . Complete road restoration including, but not limited to,
clean-up, repair of damaged facilities, trench compaction, and
replacement of gravel shall be kept by the District within one (1)
mile of new excavation. Backfilling lifts greater than eight (8)
inches, but not exceeding eighteen (18) inches, shall be permitted,
providing that the District has suitable equipment to properly
compact the depth of lift placed. Weld County shall determine if
the District' s equipment and the depth of backfill lift is
appropriate. Ninety-five percent (95%) of a standard proctor shall
be required at any trench depth in replacement of any materials
within the traveled portion of the Premises . Eighty-five percent
(85%) of a standard proctor shall be required at any trench depth
in replacement of any materials off the traveled portions of the
Premises .
20 . No culverts, irrigations structures, drain lines, utility
lines, of any other facilities within the Premises are to be cut or
damaged. In the event the District inadvertently damages a
facility within the Premises, the District must first notify the
owner of the damaged facility, and the District must either
immediately repair and replace the damaged facility or pay for the
owner to repair and replace the same, in accordance with the
desires of the owner. All damaged facilities are to be inspected
by Weld County before being concealed in any manner. Drainage and
borrow ditches are to be restored to original condition immediately
after backfilling is completed.
21 . The District will not install or construct the pipeline
when the ground is frozen to a depth which will cause damage to the
Premises as determined by the Weld County Engineer.
22 . The District will cover the pipeline with a minimum of
three (3) feet of groundcover.
23 . The pipeline installation and construction will be
performed at no expense whatsoever to Weld County. In the event
that it becomes necessary to change the location of the pipeline
due to changes in the Weld County road, such relocation will be
performed by the District at no expense whatsoever to Weld County;
provided however, that Weld County shall give the District at least
ninety (90) days prior written notice of Weld County' s intent to
change the Weld County road and cooperates with the District in the
9
2480332 B-1536 P-800 03/11/96 04:10P PG 9 OF 10
960248
construction schedule such that the District can comply with its
commitments for water delivery.
24 . The District shall construct, operate, maintain, repair
and replace the pipeline in accordance with the terms and
conditions of this agreement .
2480332 B-1536 P-800 03/11/96 04:10P PG 10 OF 10
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960248
H0BBS ,TROUT&RALEY .PC ID :303-832-4465 JAN 17 ' 96 11 :08 No .002 P .01
HOBBS, TROUT & RALEY, P.C.
Attorneys at Law
Suite 1300
1773 Sherman Street
DENVER, COLORADO 80203
Telephone: (303) 861-1963 Facsimile: (303) 832-4465
FAX TRANSMITTAL
TO: LG6 l alatriso/L FAX NO.: (n6) 35? -6;&fa.
COMPANY: Wed County A#Orneys CONFIRMING NO.: CRn03s/' 9,800
FROM: ip,Va rt. Sforlr tO ice. EXTENSION NO.: /33
DATE: Mutt_ /la Nina Le TOTAL NO. OF PAGES: i
CHARGE: /4oz.6- 4 'to .
IF YOU EXPERIENCE TROUBLE WITH THIS TRANSMISSION,
PLEASE CALL AS SOON AS POSSIBLE:
(303) 861-1963, EXT. 132 OR 120
• [FAX:: (303)832-44651
The information contained in or attached to the FAX messages intended only for the ryzerrENTTAL sae of the individual(s)named above. If
you are not the named recipient or a agent responsible for delivering it to the named recipient,you arc hereby notified that you haw received this
document in error and that review,dissemination or copying of this communication ie prohibited. if you have received Amt communication in error,
please notify ut immediately by telephone,and return the original document to us by mail Thank you.
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JAN 17 ' 96 11 : 04 303 832 4465 PAGE . 001
960248
H0BBS .TR0UT&RALEY .PC ID :303-832-4465 JAN 17 '96 11 :09 No .002 P .02
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into on
, 19 , by and between WELD COUNTY, COLORADO, BY
AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO ("Weld County") and the NORTHERN COLORADO
WATER CONSERVANCY DISTRICT, ACTING BY AND THROUGH ITS SOUTHERN
WATER SUPPLY PROJECT WATER ACTIVITY ENTERPRISE ("District") .
1. weld County hereby agrees to allow the District to
permanently occupy and use, subject to all of the terms and
conditions of this Agreement, the premises (the' "Premises") more '
particularly described in Exhibi attached hereto and
incorporated herein by reference]the District acknowledges tnat
this is a non-exclusive rigne to permanently occupy and use the
Premises. The District consents to additional uses of the Premises
by Weld County and other entities, provided however that such
additional uses meet appropriate engineering standards and do not
unreasonably interfere with the District's use of the Premises as
described in this Agreement. 1,d,d,1.100
2. The Premises may be permanently occupied and used by the
District for the sole purposes of constructing, operating,
maintaining, repairing and replacing a raw water pipeline and
appurtenant structures. Except as specifically allowed by this
Agreement, the District agrees to place no structures or other
items on or in the Premises.
3. Weld County shall have the right to enter onto or into
the Premises at any time for any purpose of Weld County. Weld
County shall avoid any damage or interference with the District's
pipeline or appurtenant structures on or under the Premises.
4 . In exercise of its rights pursuant to this Agreement, the
District shall avoid any damage or interference with any Weld
County installations, structures, utilities, or improvements on,
under, or adjacent to the Premises. The District shall be solely
responsible for any damages suffered by Weld County or others as a
result of the District' s use and occupancy of the Premises.
5. All excavation and construction work performed by the
District shall be done in an expeditious and workmanlike manner
which minimizes the inconvenience to the public and individuals, as
more specifically described in Exhibit B, attached hereto. The
District will comply with all Weld County requirements regarding
curb and pavement cuts, .excavating, digging and related
construction activities. All excavation, construction and other
work performed under this Agreement shall conform with all
applicable local, state and federal laws and regulations.
1
JAN 17 ' 96 1 1 : 05 303 832 4465 PR 411:4.
H0BBS .TR0UT&RALEY .PC ID :303-832-4465 JAN 17 '96 11 :09 No .002 P .03
17. Thrust blocks shall be required on all vertical and
horizontal bends in the pipeline within the Premises.
18 . If any wet or incompatible materials are produced by the
District from excavations and are to be returned to the original
grades and cross sections, Weld County will have the authority to
determine what materials shall be discarded and what materials
shall be acceptable as replacement.
19. Complete road restoration including, but not limited to,
clean-up, repair of damaged facilities, trench compaction, and
replacement of gravel shall be kept by the District within one (1)
mile of new excavation. Backfilling lifts greater than eight (8)
inches, but not exceeding eighteen (18) inches, shall be permitted,
providing that the District has suitable equipment to properly
compact the depth of lift placed. Weld County shall determine if
the District' s equipment and the depth of backfill lift is
appropriate. Ninety-five percent (95%) of a standard proctor shall
be required at any trench depth in replacement of any materials
within the traveled portion of the Premises. Eighty-five percent
(85%) of a standard proctor shall be required at any trench depth
in replacement of any materials off the traveled portions of the
Premises.
20 . No culverts, irrigations structures, drain lines, utility
lines, of any other facilities within the Premises are to be cut or
damaged. In the event the District inadvertently damages a
facility within the Premises, the District must first notify the
owner of the damaged facility, and the District must either
immediately repair and replace the damaged facility or pay for the
owner to repair and replace the same, in accordance with the
desires of the owner. All damaged facilities are to be inspected
by Weld County before being concealed in any manner. Drainage and
borrow ditches are to be restored to original condition immediately
after backfilling is completed.
21. The District will not install or construct the pipeline
when the ground is frozen to a depth which will cause damage to the
Premises as determined by the Weld County Engineer.
22. The District will cover the pipeline with a minimum of
three (3) feet of groundcover.
dsInca "tha'D 1st e )V understo.ndt hat'
23 . Thew-pipeline installation and construction }gill be
performed at no expense whatsoever to Weld County. In the event
that it becomes necessa`rrto change the locate n of the pipeline
due to changes in the Weld County road, such relocation will be
performed by the District at no expense whatsoever to weld County;
provided however, that Weld County shall give the District at least
ninety (90) days prior written notice of Weld County' s intent to
change the Weld County road and cooperates with the District in the
Aaai4iovu
JAN 17 ' 96 11 : 06 - 303 832 4465 PAGE . 003
960248 '
H0BBS ,TR0UT&RALEY ,PC ID :303-832-4465 JAN 17 ' 96 11 : 10 No .002 P .04
44}14-ions COvtihuef ' • .
construction schedule such that the District can comply with its
commitments for water delivery.
t
24. The District shall construct, operate, maintain, repair
and replace the pipeline in accordance with the terms and
conditions of this agreement.
9
•
JAN 17 ' 96 11 : 06 303 832 4465 PAGE . 004
960248
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