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HomeMy WebLinkAbout20231083.tiffRESOLUTION RE: APPROVE CONTRACT FOR ELECTRIC SERVICE AND GRANTING PERMANENT RIGHT-OF-WAY UTILITY EASEMENT FOR MISSILE SILO PARK AND AUTHORIZE CHAIR TO SIGN - BHATE ENVIRONMENTAL ASSOCIATES, INC., AND POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, 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 a Contract for Electric Service and Permanent Right -of -Way and Utility Easement for the Missile Silo Park from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, to Bhate Environmental Associates, Inc., and Poudre Valley Rural Electric Association, Inc., with further terms and conditions being as stated in said contract and easement, and WHEREAS, after review, the Board deems it advisable to approve said contract and grant said easement, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Electric Service and Permanent Right -of -Way and Utility Easement for Missile Silo Park from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, to Bhate Environmental Associates, Inc., and Poudre Valley Rural Electric Association, Inc., be, and hereby are, approved and granted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract and easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dde,„ w xi,„);,1 Weld County Clerk to the Board County Attorney Date of signature: 0,4125 /23 cc: 86(T -"/S0 co -I/26 /23 Mike Lori Saine L. Bu % . Pro-Tem Scott K. James 0 evin D. Ross ...,,,64. 257,4,A. 2023-1083 BG0025 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Missile Site — Utility Easement DEPARTMENT: Facilities PERSON REQUESTING: Toby Taylor DATE: 4/10/2023 Brief description of the problem/issue: The Army Corps of Engineers is tasked with the environmental cleanup of trichloroethylene from the ground. This task has been occurring for a few decades. The Corps is currently using a sub -contractor called Bhate Environmental Associates. The latest cleanup effort requires a separate power meter and conductors to be installed to their equipment. As such, Bhate is requesting an easement so the power can be routed and buried. Bhate will pay all associated fees for the services. The agreement from the County would just be the easement. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Deny the request for an easement. 2. Approve the request for an easement. Recommendation Approve the request for an easement. The County Attorney will draft up the agreement that can be placed on an upcoming agenda. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Approve Recommendation Vaisi Schedule Work Session Other/Comments: 2023-1083 eq/ti 5CODL'3 Karla Ford From: Sent: To: Subject: I approve Kevin Ross Kevin Ross Monday, April 10, 2023 1:37 PM Karla Ford Re: Please Reply - FEW12 PVREA contract From: Karla Ford <kford@weld.gov> Sent: Monday, April 10, 2023 1:02:16 PM To: Kevin Ross <kross@weld.gov> Subject: Please Reply - FEW12 PVREA contract Please advise if you approve recommendation. Thank you! Karla Forth Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordca weidgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Toby Taylor <ttaylor@weld.gov> Sent: Monday, April 10, 2023 12:57 PM To: Karla Ford <kford@weld.gov> Subject: FW: FEW12 PVREA contract Can you add this pass around to the packet. Toby Taylor Director Weld County Facilities Department Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.400.2023 F. 970.304.6532 ttaylor@weldgov.com 1 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, E E LEY, COLORADO 80632 April 13, 2023 To: Board of County Commissioners From: Toby Taylor Subject: Missile Site Utility Easement — Bhate Environmental The Army Corps of Engineers is tasked with the environmental cleanup of trichloroethylene from the ground at the Missile Site Park. This task has been occurring for a few decades. The Corps is currently using a sub -contractor called Bhate Environmental Associates. The latest cleanup effort requires a separate power meter and conductors to be installed to their equipment. As such, Bhate is requesting an easement so the power can be routed and/or buried. Bhate will pay all associated fees for establishing the services in the attached doucments. The request is the County (Property Owner) would agree and sign the easement in the proposed documents for the electric service from Poudre Valley REA. The installation costs and the billing for the electric service will be the sole responsibility of Bhate Environmental. Facilities is recommending approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director &a23- /o?3 Poudre RE Valley A Your Touchstone Energy s Cooperative r March 30, 2023 Bhate Environmental Associates, Inc. 1608 13TH AVE. S, #300 Birmingham AL, 35205 RE: WORK ORDER #230210 Dear Mr. Haskins: Enclosed is a Contract for Electric Service and Right -of -Way Easement for your 3 -Phase power source in Missile Park. Please sign and complete the contract and easement where indicated with an "X" in red. Return the signed copy of the contract and easement to Poudre Valley REA and retain one copy for your records. It is necessary to have the easement notarized. Please include the correct service address and your construction payment in the amount of $$24,134.80. The work order will be released for construction after all construction costs are paid and signed paperwork has been returned to Poudre Valley REA. For questions regarding scheduling, contact our operations department after the work order is released. Poudre Valley REA needs access to its electric meter, underground cables, poles, or transformers. If you add a fence, locked gate(s) or landscaping, it should not prevent an employee from gaining access for meter reading or maintenance. You will be billed a nonrefundable membership fee/connect fee approximately ten (10) days after the service is installed. If you have not had a previous account with Poudre Valley REA, you may be billed a deposit depending on your credit rating. Your $29.00 monthly minimum will begin thirty (30) days after the facilities are installed, or when the meter is set. 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 #230210 available when calling our office. All prices and policies are valid for ninety (90) days. Sincerely, Cliff Spirek Distribution Designer Enclosure(s): Contract and Easement 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 ALM (96,409):(A-212',4ir(800) 4321012 7FPkway P O Box 272550 Fort Collins, Colorado 80527 2550 CONTRACT FOR ELECTRIC SERVICE The undersigned (hereinafter called the "Applicant") hereby applies for electric service from Poudre Valley Rural Electric Associabon, Inc (hereinafter called the "Association") upon the following terms and conditions 1 GENERAL a The Applicant will, when electric energy becomes available purchase from the Association all electric energy used on the premises described below and will pay for at the applicable rates and I=nns in accordance welt the Schedule of Rates for Electricity and Rules and Regulations (hereinafter called the Rules and Regulations) as may from time to time be established by the Association This contract sha)) continue in force fora minimum number ofyears as specified in paragraph 4 (c) below from the date service Is made available hereunder and said contract shall be automatically renewed on a yearly basis until cancelled by at leas., (30) days written nonce given by either party to the other at the addresses specified herein The minimum monthly or annual charge for electric service regardless of the kilowatt hours consumed shall be the higher of the following charges 1) The minimum specified in the applicable, ate schedule 2) The transformer charge specified m the applicable rate schedule No agent or representative of the Association has the power to atnend, modify alter or waive any of the provisions of the terns of this comma Any promises, agreements or representations made by any agent of representative of the Association not herein set forth shall be void and ofno effect Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association This Contract will not alter the terns of any outer contract between the Applicant and the Association 2 RESPONSIBILITY a The Applicant will comply with the Rules and Regulations of the Association b Failure on the part of the Applicant to accept service from the Association or to comply wntn the Rules and Regulations of the Association or to perform under the terns and conditions of this contract shall not relieve the Applicant from making all the payments and performing all the conditions set thrill m this contract In the event the applicant becomes delinquent in any payments the applicant will forfeit all construction deposits therefore made and the Association shall have the option to declare all of the remainder of the payments due under this contract unmed,atcly due and payable The Association, at its option and without fitrther notice may remove all or pan of die facilities The Association may record this instrument in the office of the County Clerk and Recorder in the County m which the real estate is situated d This contract shall be binding upon the successors legal representatives, heirs devisees and assigns of the respective parties hereto The Association shall use reasonable diligence to provide the Applicant with a constant and uninterrupted simply of elect= power and energy but tf such supply shall fad or be mtem pied or become defective through acts of God or the public enemy or by accident, stokes labor troubles or by action of elements or inability to secure rights of -way or other penrnts needed or any other cause beyond reasonable control of the Association the Association shall not be liable therefor 3 RIGHTS -OF -WAY a, The Applicant hereby grants and convey, unto the Association the right privilege and easement to construct, operate, and maintain the facilities together with right of ingress and egress including die mstallahon ofAssociation owned locks and/or lock bores etc , as may be necessary to cntcnd mamtam and operate this service b The Applicant hereby gives to the Association without cost or expense, the further right and pnv,lege to cut and tin any trees or shrubbery near said overhead Ines of the Association so that adequate and proper service may be extended hereunder c Tltc Appltunnt further n :ecs to assist inobtaining needed rights -of -way that may be required to pro, rile service hereunder d The Applicant r oknowlcdges that he/she has burn instructed to disclose locations of underground obstructions. The Applicant agrees to indemnify De Association against loss or damage to underground progeny °filmApplicant or to underground property of others on the Applicant's property The Association will use reasonable cave in locating and digging holes or trenches for poles, anchors or under -ground sen tie but will not be responsible for damage to sewers, water lines or other underground facilities if the exact location of such underground property cannot be determined before construction begins CONTRACT PROVISIONS a- Service will be renckred at the Associations standard voltage The Association , ,meter shall constitute the point of delivery to the Applicant and the Applicant µt11 own and maintain all poles wires equipment, and other factlmes beyond the point of delivery b Scrvroe to be furnished under this contract is to be delivered a[ a mutually agreed point on the Applicants premises described below Legal Description Located in Quarter of Section 02 Township 5 N, Range 67 W, of 6th P M in the County of WELD Location No _ SERVICE ADDRESS TBD Missile Park Dr FURTHER DESCRIBED AS 200AMP 120/240 -VOLT THREE-PHASE SERVICE c This contract shall continue m force fora minimum of ten years from the date service is made available Contract Expiration Date d Rate Schedule B Type of Service Permanent ( ) lndetelmutate (X) Temporary ( ) Addendum for Extension Single Phase ( ) Three Phase (X) Overhead (X) Underground ( ) Maximum KVA 30 Horsepower W O No 230210 Engineer CS Purchase of Power ROW Easement ONE Minimum S29_00/Month e The Association hereby acknowledges receipt of the following consideration paid by the Applicant in accordance with the applicable Rules and Regulations 252 20 Ledger Acct No Amount Due $ 24,134_80 Refundable Yes ( ) No (X) Ledger Acct No Amount Due $ Refundable Yes ( ) No ( ) Conditions PLEASE NOTE THE LOCATION OF OUR -STAKES AND ADVISE POUDRE VALLEY REA OF ANY UNDERGROUND OBSTRUCTIONS THE APPLICANT WILL PAY THE TOTAL COST OF THE FACILITIES, NOT TO EXCEED $24,134 80 Owner ( ) Yes N No APPLICANT(S) Bhate E vironmental Associates, Inp,- / se/ Home Phone Number SIGNATURES) � Date X 4/7/2023 Rill X 6 ��1 QX Datt X _4/7/2023 Title X Cell Phone Number ADDRESS 1608 13T. AVE S, 0300 Work Phone Number (720) 238-6494 CITY -STATE -2g Birmingham AL, 35205 - - ) ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THIS DOCUMENT Signature OO ACCEPTED BY POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC Signature 0 Date 0 Date 0 (970) 226-1234 - (800) 432-1012 7649 REA Parkway P.O. Box 272550 Fort Co1Cms, Colorado 80527-2650 Poudre Valley REA 7649 REA Parkway P.O. Box 272550 Fort Collins, Colorado 80527-2550 (970) 226-1234 • 1-800-432-1012 Dear Consumer: ACCOUNT SET-UP FORM Due to new identity theft rules and regulations mandated by the Federal Trade Commission, Poudre Valley REA must verify the identity of any new account holder. To meet this requirement, new consumers are being asked to provide Poudre Valley REA with their Social Security Number (SSN). If you choose not to provide Poudre Valley REA your SSN, you will be required to provide a valid identification in our office prior to service being connected. Poudre Valley REA has been and continues to be serious about protecting the identity of our consumers. We have drafted new policies and procedures to ensure we have adequate protection methods in place. Included with the policy for identity protection is a credit check. This check will help determine if you will be required to pay a deposit and the deposit amount. As part of our identity protection program, this form will be destroyed once we verify your Social Security Number. Please return completed form within 10 days to ensure service connection. (PLEASE PRINT INFO BELOW) Date: H1-1/7. 3 Name (As you would like it to appear on account): %Vct\-c C.(1Y►r onMe \ tisS 0ces0,4, �j►1 c SSN or Federal Tax ID: (ol - 103 - Slot Mailing Address: Root tV" Pie 5, 5 4e 303 �" City, State, Zip E: (snot ;n a,c,,, ,•, S t° r Home Telephone Number: (tos) "1'' `1000 Cell Telephone Number: Work Telephone Number: E -Mail Address: Service Address: City, State, Zip (tos) 313-Li`d,b k'coonsn hake( co e tO(.tt co a5'1 SPcw Gvaleatd) 1C0 ZOksit Additional Name on Account (If needed): SSN or Federal Tax ID: - Mailing Address: City, State, Zip Home Telephone Number: Cell Telephone Number: Work Telephone Number: (344 ('i2oi 23'!04 9y E -Mail Address: Sli,asICits glb,.0-e. IoM Engineer Initials: CS Work Order Number: 230210 I (970)276173) (BDD)43b1012 7649 RFA Parkway 2PO Boc 22550 t Collins, Colorado 80527 2550 ACCOUNT SET-UP FORM Poudre Valley REA 7649 REA Parkway P O Box 272550 Fort Collins, Colotado 80527-2550 (970) 226-1234 a 1-800-432-1012 Dear Consumer Due to new identity theft rules and regulations mandated by the Federal Trade Commission, Poudre Valley REA must verify the identity of any new account holder To meet this requirement, new consumers are being asked to provide Poudre Valley REA with then Social Security Number (SSN) If you choose not to provide Poudre Valley REA your SSN, you will be required to provide a valid identification in our office prior to service being connected Poudre Valley REA has been and continues to be serious about protectmg the identity of our consumers We have drafted new policies and procedures to ensure we have adequate protection methods m place Included with the policy for identity protection is a credit check This check will help determine if you will be required to pay a deposit and the deposit amount As part of our identity protection program, this form will be destroyed once we vei ify your Social Security Number Please retui n completed form within 10 days to ensue a service connection. (PLEASE PRINT INFO BELOW) Date 4/7/2023 Name (As you would hke it to appear on account) Bhate Environmental, Inc SSN or Federal Tax ID ( - 10') - 5'7O a. Mailing Address. 1608 13th Ave S City, State, Zip Birmingham. Alabama 35205 Home Telephone Number Cell Telephone Number: 720-238-6494 Work Telephone Number 720-924-3652 E -Mail Address. shaskins@bhate coin Service Address City, State, Zip 10611 CO 257 Spur Greeley, Colorado 80634 Additional Name on Account (If needed) SSN or Federal Tax ID Mailing Address k10C$ b k -Es Ave. 5 City, State, Zip ' t0 �i2Vv� i Pt - 3Cj�,OrJ Home Telephone Number (ap5>\5 - -1S"1tP Cell Telephone Number: Work Telephone Number (24)5) ol18 LI OOO E -Mail Address. TC o\o.Q5- rS VC-NIN(8 • Cook Ihvovc4SQ binO'}Q Co n - Engineer Initials: CS Work Order Number 230210 POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that X WELD COUNTY, COLORADO [PRINT FULL NAME(S) (SINGLE, JOINT, PARTNERSHIP, CORPORATION, INCORPORATED ASSOCIATION, OWNER)] is (are) the owner(s) of record [collectively "Grantor"j and fora good and valuable consideration, the receipt of which is hereby acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., ("Association") a Colorado cooperative association, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual right-of-way and easement, upon these particularly described lands of the undersigned/Grantor ["Easement Areal: X AN EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER X AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER #230210 X Reception No. TBD County WELD, Parcel 095702000005 X Township IN, Range EW, Section 2 for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, modifying, operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or system, including without limitation any communications facilities, fiber optic facilities, broadband and broadband service facilities, wireless transmitters and receivers and phone line carrier equipment and other communication equipment of any kind of the Association or its assigns, including without limitation above ground poles, towers, fixtures, guy wires, and structures, and above and below ground conductors, cables, wires, arrestors, footings, conduits, vaults, transformers, pads, and enclosures [collectively "Facilities'], on, over or under the Easement Area. Grantor, and Grantor's heirs, successors, personal representatives, and assigns, also grants to the Association the following rights and provisions: A. Grantor grants the Association and its assigns Oe right of access for ingress and egress over the lands above -described Easement Area and the adjoining lands of Grantor, and the right to use the roads or trails, whether public, private, or dedicated, and the right to install, maintain and use gates and fences presently installed or as may be installed from time to time. Grantor of Easement shall not perform any act that will impair the structural integrity of, interfere with, or endanger the Facilities or grant any other easement, right-of-way, permit, or license upon, under or over the Easement Area without the prior written consent of the Association, which consent shall not be unreasonably withheld. The failure to enforce all or any portion of this Easement by the Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights. C. Grantor grants the Association and its assigns the right to remove, cut, mow, trim, or control by chemical means any vegetation located within the Easement area as well as any dead, weak, leaning, or dangerous trees/limbs adjacent to the Easement Area that the Association considers a hazard to or otherwise endangers its Facilities. Grantor shall not construct or permit the construction of any temporary or permanent buildings, structures, including without limitation trailers or mobile homes, signs, or wells on, under, or over the Easement Area or that impair or impede the access of the Association to its Facilities. No other objects shall be erected, placed, or permitted to remain on, under, or over Easement Area by Grantor, which will or may interfere with, impact or endanger the Facilities installed on the Easement Area or interfere with the exercise of any of the rights herein granted. Grantor shall not without the prior written approval of the Association, which shall not be unreasonably withheld, build, create, construct, nor allow to be built, created, or constructed, any utilities, streets, curb and gutters, parking surfaces, trees, landscaping, fences, or similar improvements, permanent or temporary, nor allow the impoundment of water on, or modify the ground elevation of the Easement Area. Any of the improvements or structures described in this Easement may be hereinafter called "Improvements." No failure by the Association to remove or otherwise object to such Improvements shall be deemed to constitute consent on the part of the Association to such Improvements. In addition, no such failure by the Association to remove or otherwise object to such Improvements shall be deemed a waiver of the Association's right to remove any such Improvements without further notice or compensation to Grantor. E. Grantor agrees that all facilities installed by or for the Association shall remain the property of the Association, relocatable and removable at the option of the Association. F. Grantor grants the Association and its assigns the right to use the easement for communication purposes for the Association and for other users including fiber optic facilities, broadband and broadband service facilities, wireless transmitters and receivers and phone line carrier equipment and other communications equipment of any kind. No amendment, modification or supplement of this Easement shall be binding on the Association unless made in writing and executed by an authorized representative of the Association (or its successor or assign, if applicable). Grantor warrants that Grantor is the owner in fee of the above -described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatsoever character except the following: X MORTGAGE COMPANY NAME: Grantor shall contact the Utility Notification Center of Colorado (1-800-922-1987), or any similar one -call utility line locator system which may replace or supplement it, at least four business days (or such longer time if required by applicable law) prior to the commencement of construction or excavation on the Easement Area to arrange for field locating of Facilities. X IN WITNESS WHEREOF the undersigned has set his hand and ' . ay of Apri 1 , 20 71 X [Owner] (Signature) X [Owner] X STATE OF Colorado ) (Signature) ss. X COUNTY OF Weld X The foregoing instrument was acknowledged before me this_114. day of API": I 20:.3 Xby Mike Freeman, Chair [PRINT - OWNER OF RECORD NAME(S,AUTH. AGENT] Witness my hand and offici seal. [S ATURE - 03, PUBLIC] MARIAN N HIGGINS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194029616 MY COMMISSION EXPIRES AUGUST 5, 2023 EAL My Commission Expires: Off/ 05/2023 aoa3 - /O F,3 Poudre Valley Rural Electric Association, Inc. P.O Box 272550, Fort Collins, CO 80527 •. • i a ? k" rat 4' �_; t c • P _i Missile Launch and Service Building a MW 19 7{t Q4-41 r• ,. ►eW-011 , sit County Attorney CONTRACT FOR ELECTRIC SERVICE AND GRANTING PERMANENT RIGHT-OF-WAY UTILITY EASEMENT FOR MISSILE SILO PARK - BHATE ENVIRONMENTAL ASSOCIATES, INC. AND POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. APPROVED AS TO SUBSTANCE: 2;76 2 — Elected Official, Department Head, or Deputy Department Head APPROVED AS TO FUNDING: aimg Paw* Chief Financial Officer, or Controller APPROVED AS TO FORM: '71-: --00.,.._ Hello