HomeMy WebLinkAbout20222461.tiffRESOLUTION
RE: APPROVE DITCH CROSSING AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MONTGOMERY LATERAL DITCH COMPANY, 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 Ditch Crossing Agreement 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 Montgomery Lateral Ditch Company,
Inc., 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 Ditch Crossing Agreement 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 Montgomery Lateral Ditch Company, 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 24th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELL COUNTY, COLORADO
ATTEST: ditt& .CLLD;c.
Weld County Clerk to the Board
ounty torney
Date of signature: 9 /212.2.
tt K. James, Chair
'MSc -
man, Pro
CC,pJ(cH/eRfDD/KB)
9/2.1/2-2
2022-2461
EG0080
ConAva Chp kgz
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Montgomery Lateral Ditch Crossing Agreement for 33/74 Roundabout Project
DEPARTMENT: Public Works
PERSONS REQUESTING: Don Dunker and Michael Bedell
DATE: July 28, 2022
Brief description of the problem/issue:
The WCR33/74 Roundabout Project requires relocation construction of a new pipeline underneath the existing
Montgomery Lateral Ditch as well as removal and reconstruction of a portion of the ditch. The ditch in this
location is large 2 feet deep by 8 feet wide concrete -lined channel. This Agreement is required to specify the
roles and responsibilities of the two parties, both prior and during this proposed construction.
The County plans to have the 33/74 Roundabout construction contractor complete this work during the non -
irrigation season and have the work completed by April 15, 2023. The Agreement includes a payment of
$5,000 to the Montgomery Lateral Ditch Company as compensation for their associated role and
responsibilities. The ditch company President has reviewed and signed the Agreement.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options):
• Allow the attached Agreement to be placed on the next available BOCC agenda for signature.
• Request a work session to discuss.
Recommendation:
Staff recommends approval of the Agreement as shown.
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Schedule
Work Session Other/Comments:
2022-2461
6$1 Z1
DITCH CROSSING AGREEMENT BETWEEN WELD COUNTY
AND MONTGOMERY JJ LA
LATERAL DITCH COMPANY INC.
tk
THIS AGREEMENT is made this L`1 day of 2022, by and between Weld County (County),
with offices at 1150 "O" Street, Greeley, CO 80 1, and Montgomery Lateral Ditch Company Inc.
(Company)., whose current address is 35945 CR 35, Eaton, CO 80615
FACTUAL RECITALS
WHEREAS, the Company represents that the Company is the lawful owner and operator of a canal
or ditch known as the Montgomery Lateral Ditch, located in Weld County, Colorado, and
WHEREAS, the Company represents that the Company has full legal right, power, and authority to
grant County the rights and interests herein granted, and
WHEREAS, County is undertaking a project to reconstruct the WCR 74 and WCR 33 intersection
which requires crossing underneath the Company ditch as described on the attached drawings, "Exhibit A".
WHEREAS, the Company agrees to grant County a right of crossing under and across the Ditch,
in accordance with the provisions of this Agreement, and
WHEREAS, each party desires to cooperate in a manner that permits each to meet its obligations.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and covenants expressed herein, the parties
mutually agree as follows:
1. The above factual recitals are incorporated herein as if full set forth herein for all intents and purposes.
2. For good and valuable consideration, in the amount of FIVE THOUSAND DOLLARS ($5,000.00) and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the
Company, the Company hereby grants to County a non-exclusive right of crossing under and across the
Ditch in the location shown on Exhibit A, for the purposes of the construction within the crossing area
granted herein.
3. The Company makes no representation or warranties as to whether County needs to obtain consent
from the owners of the land adjacent to the Ditch, prior to commencing construction of the pipeline shown
in Exhibit A.
4. The Company shall be without liability for any damage to said landowners and/or other structure owners
because of County's exercise of its rights set forth and pursuant to this Agreement, except as to such
damage as may be caused by negligence or willful misconduct of the Company, its employees, contractors,
or agents.
5. County shall obtain all required consents, authorizations and permits and shall perform the construction
of the pipeline in accordance with all applicable laws, regulations, plans and specifications for the design
and construction of the pipeline. All construction of the pipeline, as described in Exhibit A, shall be done
by County or its Contractor, at its cost and expense.
6. County shall complete construction and installation of the pipeline outside of the irrigation season
which runs from April 15 to September 15, unless written consent to extend such date is granted by
the Company. The construction of the pipeline shall not interfere with the running of irrigation water by
1
ava2-ate/
the Company, and shall not take place during the irrigation season, unless otherwise agreed to by the
Company.
7. County hereby agrees as follows: County shall not spill dirt, debris, or other foreign material into
the Ditch. If dirt, debris, or other foreign material is spilled into the Ditch, County agrees to remove any
such materials spilled into the Ditch and restore the affected area of the Ditch to the Company's
commercially reasonable satisfaction. If at any time the pipeline or any work by County directly causes
any settling in the Ditch embankments, or any part of the crossing, Company shall immediately notify
County of the location of such settling and County will promptly make all related repairs reasonably
required by the Company at County expense. County shall repair any damage done to the Ditch
and/or appurtenances and facilities thereto, or the crossing to the reasonable satisfaction of the
Company.
8. This Agreement, and any grant by the Company, is subject to all restrictions, reservations, rights -of -
way, easements, documents, or agreements existing or of record in the Clerk and Recorder's office in Weld
County, Colorado at the time this Agreement is recorded. Except as herein provided, the Company makes
absolutely no representations or warranties (including, without limitation, warranties of title) in or by this
Agreement or any grant herein. This Agreement shall run with the land described and shown on Exhibit A.
9. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the heirs,
successors and assigns of the parties hereto. Upon transfer of its interests in this Crossing Agreement,
County, its heirs, successors and assigns, agrees to notify the Company of the name of the transferee.
Upon transfer of its interests in the Ditch, the Company, its successors and assigns, agrees to notify County
of the name of the transferee.
10. Any notice required or permitted hereunder shall be written and delivered by hand or a nationally
recognized service with signature required upon receipt, and shall be deemed effective upon such signature
or refusal of delivery, and addressed to the party to whom notice is to be given as noted below, which may
be updated by following this procedure:
If to Company: If to County:
Montgomery Lateral Ditch Company Inc.
Attention: Russ Leffler
35945 CR 35
Eaton, CO 80615
Weld County Public Works Department
Attention: Michael Bedell, P.E. Senior Engineer
P.O. Box 758
Greeley, CO 80632
In the event a different person or entity than the person or entity listed above shall be given notice, the other
party shall be notified of this change in writing pursuant to this paragraph.
11. If County has received the necessary consent from the Company, County and the Company agree that
County may record this Agreement, upon execution by both parties, with the Weld County Clerk and
Recorder.
12. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.
13. This Agreement is contingent upon, and shall not take effect until, the approval of the Board of Directors
of the Company of the completed plans and specifications of the pipeline, and the giving of such approval
to County evidenced by the execution of this Agreement.
2
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.
WELD COUNTY
ATTEST:
Weld County Clerk to the Board
B
MONTGOMERY LATERAL DITCH COMPANY INC.
By:
Name (Printed): Russ Leffler
Title: Acting Secretary
3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scott K. James, Chair
AUG 2 4-2022
Date
O20.10? -� l
OTES.
7.03'
1, CONNECTION AND PIPE TO BE BACKFILLED PER ASTM O2321, LATEST EDITION
7 O%1DE FERNCO #1006-1 Bi BRC (FOR 40" CONNECTION), CONCRETE TO CAST
NIPvc FLEXIBLE COUPLING AT CONNECTION OF EXISTING DRAIN PIPE TO
1
6 63'
7-38 kW 2.3
SEt) tRRIGATPON LINE INSTALL PER MANUFACTURER'S
REC NCNpATtQk5
CDNCR Er4CASE ,!NY AFTER COUPUNG CONNECTION HAS BEEN MADE
DER DETAI
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jpf TO SE COUPLING
CCt��IfCTED °
\
PROPOSED CONCRETE
fI
IRRIGATION DITCH
N
G
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Is I
COMPACT GROUND BENEATH
CONCRETE IRRIGATION PER
6- - —
-A
f
SPECIFICATIONS
-- PROVIDE FLOV'JF1LL BETWEEN
RCP PIPE AND BOTTOM OF
_ - !
I
CONCRETE DITCH
( PROPOSED 15'-OtA RCP
EXHI
BIT
A
IRRIGATION PIPE
MONTGOMERY LATERAL DITCH - FRONT VIEW
EXISTING RCP
DRAIN PIPE
EXCAVATE Ext5flNG GRADE TO AVOID
SOIL INTRUSION IL TOCREATE SATE
WORK *eat%
rNt5�-� ��£
�'NCRETE
NOT TO SCALE
SAW CUT EXISTING
CONCRETE
JOINT FOR CONNECTION
REPLACE INSTALLATION OF PROPOSED r /- PROTECT
IRRIGATION DITCH AFTER THE
IRRIGATION PIPE ! N
DICOTCHCRETE
DITCH AT
EXISTING
IRRIGATION
« ,.«r + y
PROVIDE R 6ER O (OR APPROVED
20'MN)
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ii
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EQUAL CRETE TO
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PROVIDE
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I
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---' OF
CONCRETE DITCH
PROVIDE PIPE BEDDING - -•- PROPOSED 15°-DIA RCP
BENEATH CONCRETE PIPE IRRIGATION PIPE
MONTGOMERY LATERAL DITCH - SIDE VIEW
P Poser Pvc
r,
._ _
PPE TO BE FOIE CONCRETE
CONNECTED A EicAsENEHI AROUND
JOIN' AF"'ER COUPUNG IS
a1/41notatoPER orm,
NOT TO SCALE
IRRIGATION PIPE TIE-IN DETAIL
(CONCRETE TO PVC)
NC'T re Sc.&tr
Index of Revisions
WELD
COUNTY
As ConstructedProject
1/VCR 74 / 33
STRUCT 100+00
INTERSECTION
-
DETAILS (SHT
2)
i
Na/Code
Computer File Information
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PROJ• 23044. *STU CO30-07e
LaSModiheG Date 6/29/2022 Initials: CLW
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STA 20+78 34
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KEYMAP
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
One •Ilediftla
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CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE, OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES
Computer File Information
cwacnr as ,/142022 trews's C4. W
l ett heir: iss: 11141022 Initials: CLW
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Index of Revisions
Comments Iriti9Js:
WELD COUNTY
As Constructed
Pueuc WOWS DEPARTvtr'`
111t H STREET
P.O. BOX 75t
GREELEY. (C iop. 80632.0758
ray ¢ (#7C) 304-4427
No Revisions:
\NCR 74 / 33 INTERSECTION
NW IRRIGATION DITCH (SHT 2)
Project Na./Code
PROJ 23044, NSTU CO30.078
Revised
Ceiscrin CLW
Void
Detaier CLW
GR-55
Sheet Svcrrset
5heet Subset
Sheet Number 155 at 229
Contract Form
New Contract Request
Entity In
Entity Name.
MONTGOMERY LATERAL DITCH
COMPANY
Entity ID*
1'00045968
Contract Name.
33/74 ROUNDABOUT DITCH CROSSING AGREEMENT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6238
Contract Lead
MBEDELL
Contract Lead Email
MBedell@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-55
Contract Description
THIS AGREEMENT IS REQUIRED TO SPECIFY THE ROLES AND RESPONSIBILITIES OF THE COUNTY AND MONTGOMERY LATERAL
DITCH COMPANY ASSOCIATED WITH PLANNED CONSTRUCTION OF A 15 INCH DIAMETER PIPELINE UNDERNEATH THE
EXISTING CONCRETE -LINED IRRIGATION DITCH.
Contract Description 2
Contract Type
AGREEMENT
Amount.
85,000.00
Renewable
NO
Automatic Renewal
Grant
Department
PUBLIC WORKS
Department Email
CM- Will a work session with 111OCC be required?*
PublicWorksOweldgov.com No
Requested BOCC Agenda
Date.
08/24/2022
Due Date.
08;'20;2022
Department Head Email
CM-PublicWorks-
De pt H e ad 1we l dgov. com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WELDG
OV,COM
Does Contract require Purchasing Dept. to be included?
NO
if this is a renewal enter previous Contract ID
If this is part of a VISA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Review Date.
12'31/2022
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Expiration Date*
1 2 .' 31/2022
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
08/18/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08:'24;2022
Originator
MBEDELL
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
08,19;2022 08119;2022
Tyler Ref
4G082422
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