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Home My WebLink About20210041.tiffRESOLUTION RE: APPROVE RIGHT OF ENTRY FOR COUNTY ROADS 80 AND 37 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN - CITY OF THORNTON 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 Right of Entry for the County Roads 80 and 37 Intersection 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 the City of Thornton, commencing upon full execution of signatures, and ending December 31, 2021, with further terms and conditions being as stated in said right of entry, and WHEREAS, after review, the Board deems it advisable to approve said right of entry, 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 Right of Entry for the County Roads 80 and 37 Intersection 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 the City of Thornton, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said right of entry. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of January, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,dtoriA,�, Stever oreno, Chair Weld County Clerk to the Board ames, Pro-Tem Date of signature: ol/t3/21 Cc; PW(ER/CH/GK) O1 /13121 2021-0041 EG0079 Contatc+ z0 # 33Q MEMORANDUM Date: December 17, 2020 To: Esther Gesick, CTB From: Clay Kimmi, Project Manager, Public Works RE: OnBase Contract ID #4332 — Renewal for Right to Enter Form — City of Thornton Properties on CR 80 and CR 37 Intersection Project Please place the attached agreement on the BOCC Consent Agenda. Public Works is in the final stage of designing the improvements at the CR 80 and the CR 80/CR 37 intersection. As the final design is wrapping up, the ROW process and utility relocation process are starting. The original Right to Enter was approved by the BOCC on May 4, 2020 (Contract ID #3623) and is set to expire on December 31, 2020. In order to continue with the ROW and utility relocations, the Right to Enter has to be renewed for another year. The attached Right to Enter form is identical to the one signed in May of 2020. The only change to it has been to update the expiration date. Bob Choate previously reviewed the Right of Entry form and had indicated that no changes were needed. I will plan on attending the BOCC hearing to answer any questions the BOCC may have regarding this contract. 2021-0041 1/000 EGao -7 9 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: City of Thornton Properties Right to Enter Form DEPARTMENT: Public Works DATE: December 15, 2020 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: Due to CDOT and the Union Pacific Railroad (UPRR) closing CR 37 and CR 78 at Highway 85, Public Works is in the final stage of designing the improvements at the CR 80 and the CR 80/CR 37 intersection. As the final design is wrapping up, the ROW process and utility relocation process are starting. The original Right to Enter was approved by the BOCC in May of 2020 and is set to expire on December 31, 2020. In order to continue with the ROW and utility relocations, the Right to Enter has to be renewed for another year. The attached Right to Enter form is identical to the one signed in May of 2020. The only change to it has been to update the expiration date. Bob Choate previously reviewed the Right of Entry form and had indicated that no changes were needed. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Don't sign the Right of Entry form. Failure to sign the Right of Entry form will result in the County's consultants being unable to gather the information required for the ROW and utility relocation processes to begin. 2. Sign the Right of Entry form so the County's consultants will be able to proceed with the ROW and utility relocation processes. Recommendation: Public Works recommends the BOCC sign the Right of Entry form so work on the conceptual design can stay on schedule. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Schedule Work Session Other/Comments: RIGHT OF ENTRY +45 THIS RIGHT OF ENTRY is ranted this g Cp day of Sanwa re*, 2021, by and between the City of Thornton, a Colorado home rule municipality, located at 9500 Civic Center Drive, Thornton, CO 80229 ("Landowner") owner of property described as: Parcel Number Address Legal Description 070713000051 Part of the SE1/4 of Section 13, T7N, R66W 070713000058 Part of the W1 /2 of the SE 1 /4 of Section 13, T7N, R66W 070713000057 17831 CR 80 Part of the E1/2 of the SE1/4 of Section 13, T7N, R66W 070918000002 Part of the S1/2 of the S1/2 of the NW1/4 /4 and part of the N1/2 of the N1/2 of the S W 1 /4 of Section 18, T7N, R65 W 070918000004 39232 CR 37 Part of the S1/2 of the N1/2 of the S W 1 /4, part of the SW1/4 of the SW1/4, and cart of the SE1/4 of the SW1/4 of Section 18, T7N, R65W 070724000021 17831-1 CR 80 Part of the N1/2 of the NE1/4 /4 of Section 24, T7N, R66W 070724000022 Part of the NW1/4 of the NE1/4 of Section 24, T7N, R66W and as shown in Exhibit A attached hereto and incorporated herein by reference ("Property") and Weld County, Public Works Department, 1111 H Street, Greeley, CO 80632 ("Weld County") for the purposes of conducting topographic surveys, land surveys, environmental clearances, and associated soils testing and engineering investigations for reconstruction of the intersection of Weld County Roads 80 and 37 (the "Work"). 1. Landowner represents that it owns the Property and has the authority to make this grant of Right of Entry. 2. For and in consideration of valuable consideration the receipt and sufficiency of which is acknowledged by Landowner, Landowner grants to Weld County, its employees, agents, contractors, consultants and representatives, the right to enter upon the Property for the purposes of performing the Work. 3. This Right of Entry shall expire December 31, 2021 or the end of the Work, whichever is earlier. 4. The activities of Weld County, its employees, agents, consultants and representatives will be coordinated with Landowner so as not to unreasonably interfere with Landowner activities. Please coordinate access to the Property with Landowner by contacting either Brian Foss, at (303) 538-7568 or Brian.Foss@ThorntonCO.gov; r Ethan 1 Cozzens at 303-538-7565 or Ethan.Cozzens@ThorntonCO.gov at least 24 hours prior to entry. 5. All Work allowed under this Right of Entry shall be conducted in a manner that will not damage Landowner's Property or interfere with Landowner's or its tenant or agent's use and occupancy of the Property. As a condition of the granting of this Right of Entry Weld County covenants and agrees to restore the Property to a level comparable to the condition of the Property prior to Weld County undertaking the Work. 6. Crews will not enter fields with vehicles or ATV's that contain crops or that are being prepared for crop planting. 7. Weld County shall be responsible for all costs associated with the Work and this Right of Entry. 8. Weld County will be responsible for any injury or damage to any of the infrastructure or facilities on the Property, or any of the operations being conducted on the Property, as part of Weld County's access to the Property. 9. Weld County hereby releases Landowner, it tenants and agents from any claims for injury or damages, including court costs and attorney's fees, arising from the exercise of this grant herein, except for claims arising from the negligence or willful misconduct of Landowner, its tenants or agents. 10. Weld County, its agents, contractors or affiliates agree to procure and maintain in force during the term of this Right of Entry, at its own cost, the following insurance coverages naming Landowner as an additional insured: a. Workers Compensation Insurance as required by the Labor Code of the State of Colorado and Employer's Liability Insurance. b. Commercial General Liability Insurance with a minimum combined single limit of $1,000,000 each occurrence and $2,000,000 general aggregate. 11. Landowner does not guarantee that any markers or stakes will remain on the Property for any length of time. No metal markers or flags are to be used, only wooden stakes and only if necessary. 12. The Parties understand and agree that each are relying on, and do not waive or intend to waive, by any provision of this Right of Entry, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., as it is from time to time amended, or otherwise available to the Parties their officers and employees. 2 DocuSign Envelope ID: 5979E156-BC59-48E8-81F8-BEFE4C156B7F IN WITNESS WHEREOF, Landowner has executed this grant of Right of Entry and Weld County has accepted the same on the terms and conditions set forth herein effective as of the date first written above. CITY OF THORNTON, caltifirats'hbme rule municipality %...R7Q?7dFBF(`SRA1Q Brett E. Henry, Executive Director - Infrastructure D57962BD4ECE4A2... Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: trscirc" tado, City Attorney 1$7. 20 74114.5. Oat: ea -7. ‘-3D6ACFF64200426 City Attorney WELD COUNTY, COLORADO By: Its: STATE OF COLORADO Steve Moreno, Chair, Board of Weld County Commissioners ) ss. COUNTY OF WELD JAN o s 2021 Subscribed and acknowledged before me this 6th day of Januarx 2021, by Steve Moreno as BOCC Chair County, Colorado. WITNESS my hand and official seal. My commission expires: 12/19/2022 of Weld CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISS ! EXPIRES DEC. 19, 2022 NOTARY I' i : C , C3 y Lynn Hoffman 3 07_0,2( - OOe71/ !TY OF THORNTON CITY 4F THORNTON CITY OF II THORNTON CITY OF THORNTON CR 80 & CR 37 Intersection Legend Survey Area unam Gravel Paved Parcels 1,000 0 CR 80 & CR 37 Intersection Vicinity Map 2,000 Feet DISCAIMER The GIS database and dara n the product is subtecl to constant change and the accuracy and completeness cannot be and is not gusranleed The designation of iota or partrls or land uses in Iho database does not imply Ihet the lots or percent were created or that the rand uses cwmpty with applicable Stale or Local Law WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS. ACCURACY, OR CORRECTNESS OF SUCH PRODUCT NOR ACCEPTS ANY LIABILITY ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN Exhibit A New Contract Request Entity Information Entity Name* CITY OF THORNTON Entity ID* :x00001741 Contract Name* RIGHT TO ENTER RENEWAL FOR CR 80 & CR 37 INTERSTECTION PROJECT Contract Status CTB REVIEW Contract ID 4332 Contract Lead* CKIMMI New Entity? Parent Contract ID 3623 Requires Board Approval YES Contract Lead Email Department Project # CKimmilko.weld.co.us GR-60 Contract Description* RENEWAL FORM FOR THE RIGHT TO ENTER CITY OF THORNTON PROPERTIES ON THE CR 80 AND CR 37 PROJECT. Contract Description 2 Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Requested BOCC Agenda Date* 12 '232020 Due Date 12 ? 19 2020 Department Email CM- Will a work session with BOCC be required? PublicWorksi?weldgov.com HAD Department Head Email CM-PublicWorks- DeptHead�� veldgov.com County Attorney BOB CHOATE County Attorney Email BC HOATEC'CO.WELD. CO. U S If this is a renewal enter previous Contract ID 3623 If this is part of a MA enter MSA Contract ID Does Contract require Purchasing Dept. to be included? NO 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 Termination Notice Period Review Date* 12;17/2020 Committers Delivery Date Renewal Date Expiration Date* 12;3112021 Contact Information Contact info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head ELIZABETH BELFORD DH Approved Date 12'23/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01(06/2021 Originator CKIMMI Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 12;3©(2020 12,x`30,/2020 Tyler Ref If AG 010621 Hello