HomeMy WebLinkAbout20201279.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 Right of Entry for 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, 2020, 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 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 4th day of May, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: deetdrwo jeleo;e1
Weld County Clerk to the Board
y Attorney
Date of signature: OS /05/20
Mike Freeman, Chair
Steve reno, Pr em
Kevin D. Ross
cc: p W (ER/cH/cK)
5 /20/L0
2020-1279
EG0078
Con 1,,. 7 XP .0 3623
MEMORANDUM
Date: April 30, 2020
To: Esther Gesick, CTB
From: Clay Kimmi, Project Manager, Public Works
RE: OnBase Contract ID #3621 — Right to Enter Form for City of Thornton Properties on CR 80
and CR 37 Intersection Project
Please place the attached agreement on the BOCC Agenda.
Due to CDOT and the Union Pacific Railroad (UPRR) closing CR 37 and CR 78 at Highway 85, Public
Works is starting a design build project to improve CR 80 and the CR 80/CR 37 intersection. Surveying
and utility locating, and environmental clearances have already begun.
The City of Thornton owns 7 of the 13 parcels in the project area. In order to obtain information for
surveying, utility locations, and environmental clearances, Public Works contacted staff at Thornton to
obtain their permission to enter their properties. In order to enter the Thornton properties, the City
provided the attached Right of Entry form. In order to maintain the conceptual design schedule, it is
crucial that the County's sub -contractors be given access to enter the property by the end of the week of
May 4, 2020.
Bob Choate has reviewed the Right of Entry form and has 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.
2020-1279
o5/o1-1
E�clo7
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: City of Thornton Properties Right to Enter Form
DEPARTMENT: Public Works DATE: April 30, 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 starting a design build project to improve CR 80 and the CR 80/CR 37 intersection. Surveying, utility
locating, and environmental clearances for the project have already begun.
The City of Thornton owns 7 of the 13 parcels in the project area. In order to obtain information for
surveying, utility locations, and environmental clearances, Public Works contacted staff at Thornton to obtain
their permission to enter their properties. In order to enter the Thornton properties, the City provided the
attached Right of Entry form. In order to maintain the conceptual design schedule, it is crucial that the
County's sub -contractors be given access to enter the property by the end of the week of May 4, 2020.
Bob Choate has reviewed the Right of Entry form and has 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 environmental clearances, surveying,
and utility locations. Without this information, the County will be unable to complete a conceptual
design for the project.
2. Sign the Right of Entry form so the County's consultants will be able to proceed with the gathering of
the data needed for the conceptual design.
Recommendation:
Public Works recommends the BOCC sign the Right of Entry form so work on the conceptual design can stay
on schedule.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Approve
Recommendation
✓v; acne
My
Schedule
Work Session Other/Comments:
Karla Ford
From:
Sent:
To:
Cc:
Subject
Barbara Kirkmeyer
Thursday, April 30, 2020 4:43 PM
Karla Ford
Kevin Ross
Re: PLEASE REPLY - Pass Around for Right to Enter City of Thornton Properties on CR
80 and CR 37 Projects
Ok with me
Sent from my iPhone
> On Apr 30, 2020, at 2:08 PM, Karla Ford <kford@weldgov.com> wrote:
>
1
RIGHT OF ENTRY
THIS RIGHT OF ENTRY is granted this41day of May, 2020, 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 N W 1 /4 and part of
the N1/2 of the N1/2 of the SW1/4 of Section 18,
T7N, R65W
070918000004 39232 CR 37 Part of the S1/2 of the N1/2 of the SW1/4, 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 of Section 24, T7N,
R66W
070724000022 Part of the NW1/4 /4 of the NE1/4 /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, 2020 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; or Ethan
1
peon - /02.7
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
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,
a Colorado home rule municipality
Brett E. Henry, Executive Director - Infrastructure
ATTES
Krim N. Rosenbaum, City Clerk
APPR VED AS TO FORM:
Luis Corcto, City Attorney
Sty Atto
WELD COUNTY, COLORADO
By:
Mike Fred, Chair,
Its: Board of Weld County Ccm i.ssioners
STATE OF COLORADO
) ss.
COUNTY OF WELD
MAY 0 4 2020
Subscribed and acknowledged before me this 4th day of May, 2020, by
Mike Freeman as BIC Chair
WITNESS my hand and official seal.
My commission expires: 12/19/2022
NOTARY
3
of Weld County, Colorado.
Hoffman
OHCRYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
020 ,to -lot 79
N
Legend
Survey Area
--- Gravel
Paved
Parcels
S
1,000 0
CR 80 & CR 37 Intersection
Vicinity Map
2,000
Feet
DISCAIMER:
The GIS database and data in the product is subject to constant
change and the accuracy and completeness cannot be and is not
guaranteed The designation of lots or parcels or land uses in the
database does not imply that the lots or parcels were created or
that the land uses compty wth applicable State 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 UABILUTY ARISING FROM ANY INCORRECT,
INCOMPLETE, OR MISLEADING INFORMATION CONTAINED
THEREIN
Contract Form
Entity Information
New Contract Request
Entity Name* Entity ID*
DREXEL BARRELL AND COMPANY 0005361
Contract Name*
CR 47 & HWY 392 SIGNALIZATION PROJECT
Contract Status
CTB REVIEW
Contract ID
3621
Contract Lead*
CKIMMI
Contract Lead Email
CKimmi@co.weld.co.us
Contract Description*
DESIGN CONTRACT FOR THE CR 47 & HVWY 392 SIGNALIZATION PROJECT.
Contract Description 2
Contract Type*
CONTRACT
Amount*
$124,055.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov corn
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO US
New Entity?
Requested BOCC Agenda
Date*
05/04/2020
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-59
Due Date
04/30/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
YES
Bid/REP #*
B2000101
if this is a renewal enter previous Contract ID
If this is part of a MSA 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* Renewal Date
04/27/2020
Termination Notice Period Committed Delivery Date Expiration Date*
12/31/2021
Contact Information
Contact Info
Contact Name Contact Type Contact Email
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head Finance Approver
JAY MCDONALD CONSENT
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
04/27/2020
DH Approved Date Finance Approved Date
04/27/2020 04/27/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/04/2020
Originator
CKIMMI
Tyler Ref #
AG 050420
Legal Counsel
CONSENT
Legal Counsel Approved Date
04/27/2020
Submit
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