HomeMy WebLinkAbout20231765.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES FOR
BRIDGE 54/13A RECONSTRUCTION PROJECT AND AUTHORIZE CHAIR PRO-TEM
TO SIGN - POUDRE VALLEY 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 for the Bridge 54/13A Reconstruction 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 Poudre Valley Rural Electric Association, commencing upon full
execution of signatures, and ending December 31, 2023, 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 for the
Bridge 54/13A Reconstruction 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 Poudre Valley Rural Electric Association, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 21st day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dstif..O��
Weld County Clerk to the Board
Deputy Clerk to the Board
APP: eVED O PRM:
County ' torney /
Date of signature: Cd/ Z 120 Z5
Perry L. B�k, Pro-Tem
James
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07/2S/23
2023-1765
EG0081
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Bridge 54/13A PVREA Electric Relocation Agreement
DEPARTMENT: Public Works DATE: 6/06/23
PERSON REQUESTING: Michael Bedell (PW), Don Dunker (PW), and Curtis Hall (PW)
Brief description of the problem/issue:
The upcoming construction of Bridge 54/13A Replacement requires an Agreement with Poudre Valley Rural
Electric Association (PVREA) to design and construct the relocation of electric utilities. PVREA is proposing
to convert the existing overhead facilities into underground facilities. Public Works staff has reviewed the
design for the electrical facilities relocation and is satisfied with it. The cost of this relocation is $578,255.33
and is within the $1.6M which was budgeted in 2023 Budget. The County Attorney's Office has reviewed this
Agreement and finds it to be acceptable. Specific details associated with this proposed work is further
described within the attached Agreement.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
The Board may choose to recommend approval of the attached Agreement.
The Board may choose to offer suggestions or comments to revise the Agreement.
The Board may choose to request Public Works staff schedule a work session to discuss the Agreement.
Recommendation:
Public Works staff recommends approval of the attached Agreement, in the amount of $578,255.33. If
recommended for approval, staff will get this item onto an upcoming BOCC Meeting agenda. If approved, staff
will coordinate with PVREA to have their electrical facilities relocated during the time of July through
December of 2023, prior to the upcoming bridge construction.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve Schedule
Recd endation Work Session
1:W
Other/Comments:
2023-1765
(0/19
EG, 008'1
AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES
BETWEEN POUDRE VALLEY RURAL ELECTRIC ASSOCIATION AND WELD COUNTY
FOR THE BRIDGE 54/13A REPLACEMENT PROJECT
THIS AGREEMENT, made and entered into this la ay of J LU1 , 2023, by and
between POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, with Colorado offices at
7649 REA Parkway, Fort Collins, CO 80528, (hereinafter called "PVREA") 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, 1150 O Street, Greeley, CO 80632
(hereinafter called "County").
WITNESSETH:
WHEREAS, to promote the safety of the citizens of Weld County and other members of
the travelling public, County has undertaken the construction of a public improvement project,
known as the Bridge 54/l3A Replacement Project, (hereinafter the "Project"), and
WHEREAS, to construct the Project, County has acquired property rights from private
property owners to utilize as WCR54 right-of-way, and utility easements, and
WHEREAS, PVREA owns electrical facilities currently located in WCR54 right-of-way,
and its utility easements, and
WHEREAS, the properties burdened by PVREA existing easements are within WCR54
right-of-way being acquired to complete the Project, and
WHEREAS, PVREA is willing to relocate the electrical facilities located in WCR54 right-
of-way and utility easements, and construct new electrical facilities to facilitate the construction
of the Project, and
WHEREAS, County is willing to reimburse PVREA for the applicable expenses it will
incur as a result of the relocation of its electrical facilities including; relocation of landowner
electrical services and placing electrical facilities underground.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
L PVREA RIGHTS and RESPONSIBILITIES
1. PVREA Electrical Facilities Relocation: PVREA shall relocate the existing
electrical facilities as depicted on the Project Drawings, (Exhibit A). Portions of the new electrical
facilities will be located within newly acquired utility easements, and other portions will be located
within County right-of-way. All work necessary to accomplish the PVREA electrical facilities
relocations shall be performed in accordance with PVREA specifications, in accordance with
accepted engineering practices, and in compliance with all applicable Weld County, State of
Colorado and Federal laws, rules and regulations.
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2. Electrical Facilities Not to Conflict with Improvements: PVREA agrees that the
new locations of the PVREA electrical facilities shall not conflict with the proposed bridge
improvements or other utility relocations as depicted on Exhibit A.
3. Timing of PVREA Facilities Relocations: PVREA shall complete the electrical
facilities relocations prior to December 31, 2023, unless otherwise approved by the County Project
Engineer. This completion deadline assumes the County will have acquired all the necessary right-
of-way and utility easements no later than July 1, 2023, and the completion deadline above will be
extended accordingly if this date is not met. PVREA shall not be liable for any costs or damages
if relocation 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 other cause
beyond the reasonable control of PVREA. Parties shall coordinate work so that the County
Contractor's project schedule is not delayed.
4. PVREA Responsible for Traffic Control: Throughout the relocations process,
PVREA agrees that it shall be responsible for coordination of traffic control as established by the
latest version of the "Manual on Uniform Traffic Control Devices" (MUTCD).
5. PVREA Shall Obtain Right-of-Wav Permit: PVREA shall obtain all necessary
permits, including permits specific to the Project, from County required for its facilities relocation
work. Weld County agrees to waive the Right -of -Way Permit Fees for facilities relocation work
on the Project for the duration of the Project. PVREA shall be responsible for following all
conditions and requirements of the Right -of -Way Permit.
6. Reliance on PVREA Expertise: County and PVREA recognize that
County is relying solely on PVREA to perform the relocation of the electrical facilities in a manner
which will ensure the future integrity of the bridge improvements to be constructed by the County.
Therefore, as part of its assurances under this Agreement, PVREA affirms that it has enough
liability insurance, to satisfy any claim of negligence, intentional wrongful acts or other acts or
omissions which may arise because of any failure of the bridge caused by an improper relocation
of the electrical facilities.
II. COUNTY RIGHTS and RESPONSIBILITIES
1. Estimates of PVREA Applicable Expenses: County has agreed to
reimburse PVREA for the applicable expenses incurred in fulfillment of its obligations under this
Agreement as set forth in the Exhibit B, estimated to be $578,255.33.
2. Increases/Decreases in Estimated Expenses: PVREA has estimated the
total cost of the work described herein and outlined in the Exhibits A and B. If the final actual
costs are less than the estimated amount, PVREA shall invoice the County for the actual costs
only. If the final costs exceed the attached Exhibit B, County shall pay those reasonable additional
expenses. Any additional PVREA easements required for the relocation of its electrical facilities
shall be acquired by PVREA. County shall pay half of the amount set forth in Exhibit B within
thirty (30) days of the complete execution of this Agreement and the balance upon receipt of a
final invoice and inspected completion of the work.
2
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3. County to Stake Right -of -Way and Easements: County shall establish and
stake the County right-of-way and utility easements within the work area prior to relocation of
PVREA electrical facilities. County shall verify the relocation to confirm that said relocation is
sufficiently clear of Project construction work.
4. County's Right to Terminate: The County may terminate this Agreement at
any time prior to PVREA commencement of construction. In such an event, the County shall pay
PVREA for all expenses which were incurred by PVREA for engineering and for materials and
equipment purchased or ordered and paid for by PVREA, which cannot be returned for a refund,
prior to the date of termination.
III. MISCELLANEOUS
1. Board of County Commissioners of Weld County Approval: This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County or its designee. PVREA shall have duty or obligation to plan or prepare for the relocation
of its facilities required by the Project until this Agreement has been approved by the Board of
Commissioners of Weld County, Colorado or its designee.
2. Agreement Binding: This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall be
binding upon said parties 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.
3. No Third Party Beneficiary: 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 expressed 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.
4. Time of the Essence: Time is of the essence in each and all the provisions of
this Agreement.
5. Fund Availability: This Agreement assumes that the relocation of the electrical
facilities will be completed on or before the end of the County's fiscal year. Financial obligations
of the Board of County Commissioners of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By execution of this Agreement, County does not warrant that funds will be available
to fund this Agreement beyond the current fiscal year. If funds are not available to reimburse
PVREA as required herein, PVREA shall have no obligation or duty to proceed with any or all the
relocation of its facilities required by the Project.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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6. Severability: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
7. Attorney Fees/Legal Costs: In the event of a dispute between County and
PVREA, concerning this Agreement, the parties agree that neither parties shall be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the other
party.
8. Subrogation Waiver: All insurance policies required to be maintained
under the terms of this Agreement or which are in any way related to this Agreement which are
secured and maintained by PVREA shall include clauses stating that each carrier shall waive all
rights of recovery, under subrogation or otherwise, against County, its officers, employees, agents,
or volunteers.
9. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq.,
as applicable now or hereafter amended.
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Carly Koppes, Clerk and Recorder, Weld County CO
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4
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed
an original, on the date first written above.
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION:
By: { 1..
Title: �GN�►v u) ��+vs
ATTEST:
Weld Cou Clerk to the Boar
BY.
Deputy Clerk to
5.15- .X1,13
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUN 2 12023
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Carly Koppes, Clerk and Recorder; Weld County , CO
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DATE :
INITIALS :
WORK ORDER NUMBER:212202
EXHIBIT A
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DATE
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lour Touchstone Energy 'Cooperative T,
April 25, 2023
Weld County
Attn: Mike Bedell
111 H Street
Greeley, CO 80632-0758
EXHIBIT B
RE: WORK ORDER # 212202
Dear Mr. Bedell:
Enclosed is an invoice for the powerline relocations for the bridge work on WCR 54.
Please return the invoice to our office with your construction deposit in the amount of $578,255.33.
The person(s) signing any contract(s) and or easement(s) grants to the Association the right to ingress
and egress for meter readers, tree trimmers, engineers, line personnel, or any agents of the
Association for the purpose of reading meters, engineering services, line repair, maintenance, tree
trimming, and/or right-of-way clearing as deemed necessary by the Association. Please note the
location of our stakes and advise Poudre Valley REA of any underground obstructions.
If you have any questions, please have your Work Order # 212202 available when calling our
office. All prices and policies are valid for ninety (90) days.
Sincerely,
4044t/
Matt Truelove - Distribution Designer
Enclosure(s): Invoice and Exhibits
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Carly Koppes. Clerk and Recorder, Weld County . CO
III ralinicilflliMeiViunif PJ ' H
Poudre Valley Rural Electric Association • 7649 REA Parkway • Fort Collins • Colorado • 80528 • 800-432-1012
P.O. Box 272550, Fort Collins, CO 80527-2550 • www.pvrea.coop • pvrea@pvrea.coop
(Poudre R
Valley
Your Touchstone Energy `'Cooperative
Weld County
Attn: Mike Bedell
111 H Street
Greeley, CO 80632-0758
INVOICE: 212202
Invoice Date 4/25/2023
Due Date: Upon Receipt
Amount Due: $ 578,255.33
DESCRIPTION
AMOUNT
PVREA
Thompson
powerline
River.
relocations
for
bridge
expansion
on Weld
CO
RD
54 over Big
$ 578,255.33
MESSAGES
TOTAL:
$ 578,255.33
WHEN REMITTING PAYMEN-, PLEASE REFERENCE OUR
WORK ORDER # 212202
DISTRIBUTION DESIGNER: Matt Truelove
PLEASE CALL (970) 377-6650 WITH ANY QUESTIONS.
THANK YOU.
Matt Truelove
Distribution Designer
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Carly Koppes. Clerk and Recorder, Weld County CO
III lPjI,j III III
Remit To:
Poudre Valley REA
Attn: Matt Truelove
PO Box 272550
Fort Collins, CO 80527-2550
Poudre Valley Rural Electric Association • 7649 REA Parkway • Fort Collins • Colorado • 80528 • 800-432-1012
P.O. Box 272550, Fort Collins, CO 80527-2550 • www.pvrea.coop • pvrea@pvrea.coop
Contract Form
Entity Name*
POUDRE VALLEY REA
Contract Name.
BRIDGE 54-13A ELECTRIC RELOCATION
Contract Status
CTB REVIEW
Entity ID*
@0O003200
❑ New Entity?
Contract ID
7075
Contract Lead.
MBEDELL
Contract Lead Email
MBedell@comeld.comus
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-57
Contract Description*
UTILITY RELOCATION AGREEMENT TO MOVE AND CONVERT ELECTRICAL FACILITIES FROM OVERHEAD TO UNDERGROUND,
TO MAKE ROOM FOR BRIDGE CONSTRUCTION.
Contract Description 2
Contract Type.
AGREEMENT
Amount*
$578,255.33
Renewable
NO
Automatic Renewal
NO
Grant
NO
PGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WELDG
OV.COM
Requested BOCC Agenda
Date
06/21/2023
Due Date
06/17/2023
will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept_ to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a NSA enter MA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Review Date.
12/31/2023
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date*
12/31/2023
Contact Name
Contact Type
Contact Email
Contact Phone 1
Contact Phone 2
Department Head
.CURTIS HALL
DH Approved Date
06/13/2023
BOCC Signed Date
BOCC Agenda Date
06/21/2023
Originator
MBEDELL
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Finance Approved Date
06/13/2023
Tyler Ref #
AG 062123
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
06/14/2023
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