HomeMy WebLinkAbout20191560.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER PIPELINE FOR
COUNTY ROADS 13 AND 34 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO
SIGN - LITTLE THOMPSON WATER DISTRICT
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 Potable
Water Pipeline for County Roads 13 and 34 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 Little Thompson Water District, commencing upon full
execution of signatures, and ending August 1, 2019, 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 Potable Water Pipeline for County Roads
13 and 34 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 Little
Thompson Water District, 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 22nd day of April, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE,I.D COUNTY, COLORADO
ATTEST: dsdavt), e1
Weld County Clerk to the Board
BY:
Deputy Cler
APPAS
ounty : orney
Steve Moreno
Date of signature: 4-25-1a
EXCUSED
arbara Kirkmeyer, chair
Mike Freeman, Pro -Tern
James
CG PRC�P..�I�i ��C)�
5/io/c1
2019-1560
EG0076
LAh2�-� /D-4O2LAO
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Little Thompson Water District Relocation Agreement for WCR13/34 Project
DEPARTMENT: Public Works DATE: April 15, 2019
PERSON REQUESTING: Don Dunker and Michael Bedell
Brief description of the problem/issue:
The WCRl3/34 Intersection Improvements Project requires relocation of an existing 6" potable water pipeline
located in a Little Thompson Water District (LTWD) utility easement adjacent to the east side of WCR 13 right-
of-way. This pipeline needs to be moved approximately 50 feet further away from WCR 13 to provide adequate
area for the upcoming roadway improvements. Public Works and LTWD have developed a proposed
Relocation Agreement by which the County will provide a new easement area and compensation for relocating
the pipeline. LTWD will also need to relocate a pipeline located in WCR34 right-of-way at their own expense.
The attached Relocation Agreement has been signed by LTWD and has been reviewed by the County
Attorney's Office. The proposed construction cost of the pipeline relocation is estimated to be $351,100.00.
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 written. If approved by the BOCC this work is scheduled to
take place May through July 2019.
Approve Schedule
Recommendation Work Session Other/Comments;
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
2019-1560
EGOO7 co
L -I 122
AGREEMENT FOR RELOCATION OF POTABLE WATER PIPELINE
BETWEEN LITTLE THOMPSON WATER DISTRICT AND WELD COUNTY
FOR THE WELD COUNTY ROAD 13/34 INTERSECTION PROJECT
THIS AGREEMENT, made and entered into thi ay . ,' ' 2019, by and
between LITTLE THOMPSON WATER DISTRICT, a Colorado speci1 district with offices at
835 E. Highway 56, Berthoud, CO 80513, (hereinafter called "LTWD") 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").
RECITALS:
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
WCR13/34 Intersection Project, (hereinafter the "Project").
To construct the Project, County will acquire property rights from private property owners
to utilize as WCR13 and WCR34 right-of-way, and the new LTWD easement(s).
LTWD owns a 6 -inch pipeline currently located in its privately -owned easements adjacent
to WCR13 right-of-way, as shown in Exhibit A (Project Drawings).
Certain properties burdened by LTWD's existing easements are within new WCR13 right-
of-way being acquired to complete the Project.
LTWD is willing to remove the existing 6 -inch pipeline located in its privately -owned
easements adjacent to WCR13 right-of-way and construct a new pipeline in a different location to
facilitate the construction of the Project, as shown in Exhibit A (Project Drawings).
County is willing to reimburse LTWD for the expenses LTWD will incur because of the
relocation of its pipeline currently located within its existing easements_
AGREEMENT:
In consideration of the foregoing recitals and mutual covenants and agreements hereinafter
contained, the parties hereby agree as follows:
I. LTWD RIGHTS and RESPONSIBILITIES
1. LTWD Pipeline Relocation: LTWD shall relocate the existing pipeline as
depicted in Exhibit A (Project Drawings). The existing pipeline shall be removed and LTWD shall
vacate those portions of their existing privately -owned easements which are no longer needed.
The relocated pipeline will be constructed within a combination of newly acquired LTWD
privately -owned easement and WCR13 right-of-way, from approximately WCR13 Stations
106+50 to 125+20 as depicted in Exhibit A (Project Drawings). All work necessary to accomplish
the LTWD pipeline relocation shall be performed in accordance with LTWD specifications and its
standard engineering practices, and in compliance with all applicable Weld County, State of
1
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Carly Koppes, Clerk and Recorder, Weld County, CO
!o,9—',�Coa
Colorado and Federal laws, rules and regulations. For any portion of LTWD's pipeline that will
be relocated within WCR13 right-of-way pursuant to this Agreement, if such portions of pipeline
must again be relocated in the future, such relocation shall be at the sole cost and expense of the
County and will be performed by or under the direction of LTWD at no cost or expense to LTWD.
The locations at which new County right-of-way will be acquired, and will overlap prior -existing
LTWD easements, are illustrated in Exhibit A. For the purposes of this Agreement, these areas
can be described as: WCR13 Station 100+70 to 106+50 and WCR13 Station 120+40 to 124+00
as shown in Exhibit A.
2. Pipeline Relocation Not to Conflict with Improvements: The new pipeline will
be located within a combination of newly acquired LTWD privately -owned easement and WCR13
right-of-way. LTWD and County agree that the new location of the relocated LTWD pipeline
shall not conflict with the proposed roadway improvements or other utility relocations as depicted
on Exhibit A.
3. Timing of Pipelines Relocation: LTWD shall complete the pipeline relocation
under this Agreement prior to August 1, 2019. This LTWD deadline assumes that all right-of-way
and easements required to complete the relocation work has been acquired by the County no later
than May 1, 2019. In such case the County does not meet this right-of-way and easements
acquisition deadline; the corresponding pipeline relocation deadline shall be adjusted accordingly.
LTWD 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 LTWD.
4. LTWD Responsible for Traffic Control: Throughout the relocation process,
LTWD agrees that it shall be responsible for coordination of traffic control as established by the
most recent version of the "Manual on Uniform Traffic Control Devices" (MUTCD).
5. LTWD Shall Obtain Right -of -Way Permit: LTWD shall obtain all necessary
permits from County required for its pipeline relocation work, which includes the insurance
policies described within the permit documents. County agrees to waive all permit fees for LTWD
pipeline relocation work because of the Project and required by this Agreement.
6. LTWD Plans and Test Results: Prior to start of construction LTWD shall
submit to County copies of the construction drawings for review. During the work LTWD shall
submit to County copies of any test results, reports, etc., generated.
II. COUNTY RIGHTS and RESPONSIBILITIES
1. Estimates of Relocation Expenses: County has agreed to reimburse LTWD
for the expenses incurred in fulfillment of its obligations under this Agreement as set forth in the
Exhibit B (LTWD Cost Proposal), estimated to be $351,100.00. In addition, County agrees to
acquire and pay for new easements for the LTWD pipeline wherever existing LTWD easements
are acquired by the County for the Project. If County terminates the project, it shall send notice to
LTWD. LTWD may submit an itemized receipt for all work done up to the date of termination,
and County shall reimburse LTWD for its related expenses up to the date of termination.
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Carly Koppes, Clerk and Recorder, Weld County, CO
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2. Increases/Decreases in Estimated Expenses: LTWD has estimated the total
cost of said relocation, which includes specific work outlined in the Exhibits A and B. If final
actual costs of relocation are less than the estimated amount, LTWD shall invoice the County for
the actual costs only. If the final relocation costs exceed the attached Exhibit B, LTWD shall
submit a detailed cost statement to the County and the County shall pay those reasonable additional
expenses. County will acquire a LTWD easement located on the south leg of WCR13 as shown on
Exhibit A and pay for all expenses incurred in the acquisition of the easement. Any other LTWD
easements required for the relocation of its pipeline shall be acquired by LTWD. 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 completion of the work.
3. County to Stake Right -of -Way and Easements: County shall establish and
stake the County right-of-way and LTWD easements within the work area prior to relocation of
LTWD pipeline. 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 LTWD's commencement of relocation construction. In such an event, the County
shall pay LTWD for all expenses which were incurred by LTWD for engineering and for materials
and equipment purchased or ordered and paid for by LTWD, 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.
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 and assigns and shall inure to the benefit of the respective 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 express 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 of the provisions
of this Agreement.
5. Fund Availability: This Agreement assumes that the relocation of the pipelines
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
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 NICtri141VhCrilIinliakVMMM YU 111111
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 LTWD
as required in this Agreement, LTWD shall have no obligation or duty to proceed with any or all
the relocation of its pipeline as required by this Agreement.
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/Leeal Costs and Responsibilities: In the event of a dispute
between County and LTWD, concerning this Agreement, the parties agree that neither party 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. Each party shall be responsible for any damages, claims, or lawsuits
arising from its acts, errors, or omissions in seeking to perform its work and obligations under this
Agreement.
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 LTWD 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
•III 1�r�!�L14� tl(4'�Y�IIh���M� yIYrrh II II
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.
LITTLE THOMPSON WATER DISTRICT
Title: )r67T ie
BY:
Deputy Clerk
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Carly Koppes, Clerk and Recorder, Weld County, CO
IA* IYhtik AI II
5
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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WELD COUNTY
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CO X900332 -07M
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REMOVALS WCR13 - 4
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LEGEND
GAS IINF
WATER LINE
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TELEPHONE LINE
OVFRHEAD F, FC1 Ri::
EXISTING RIGHT OF WAY
PROPOSED RIGHT OP WAY
1'r -ROW
PROPOSED ICE
PROPOSED EDGE OF DIST
EXISTING FENCES
—x —x —x —
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Project No Code
Dinkel M. LAPO$TE
S Nor Sate!
Shiac S..tase:
SRP-31
Snout N.m,Dur 35 of 125
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4485358 Pages: 10 of 15
04/30/2019 04:11 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder; Weld County; CO
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Project No (Code
BEGINNING OF -^1
CONSTRUCTION
STA 107+50
107+O0
EXISTING UNITED POWER
POLE TO REMAIN AND UNE
NORTH TO BE RELOCATED
Computer File Information
Last Muffed Dell Inet If ruts III:
sAPIs Il wD.scrs Os1ol_t •1 AlOsitialiiiraati ands
SADOLE BJTTE ROCKIES
MIDSTREAM 40 FT WIDE
EASEMENT
PUBLIC SERVICE 20 FT
EASEMENT
MOUNTAIN STATES
TELEPHONE AND TELEGRAPH
16 5 FT EASEMENT
...___A. aft*
-1 .r,aV. l - .t.M
6 0---
PROPOSED EDGE
OF DISTRUReANCE
10RA'15
103. X'
OUSTING CENT RA. WELD COUNTY
WATER CrSTR)CT 36 INCH WATER Ufre
TO RE#AA1N
ndex of Revisions
SOUTH EAST ROVV ADJ MOL
att OCAllikgrri.. f
'u SON vMAzvWe* at,
'oft EASEMENT
MILL:AM B. BALLINGER JR
& JANICE MAE BALLINGER
WELD COUNTY
RELOCATED CENTURY
UNK TELEPHONE UNE
XCEL ENERGY 2 INCH HP
GAS 111E
As Constructed
ho Rersnrs
WCR 13 AND WCR 34 INTER.
WCR13 PROPOSED UTILITIES 1
Desoner M LAPDRTE
LkGEND
GAS LINE
WATER LINE
i tLEPHUNt LINE
OVERHEAD ELECTRIC
3/" E -
EXISTING RIGHT OF WAY
PROPOSED RIGHT OF WAY
Pr -ROW
LAC? HILLS EX ST EASE
DCP PROPOSED EASEMENT
SS RES EXISTING EASE
18nNG FENCES
—X —X —.
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LINES LOWERED AS
NECESSARY
Computer File Informabon
SADDLE BUTTE BODGES
MOSTR.AM 40 Fl WIDE
EASEMENT
ROPOSED LOGE
D,STRukwAJ ;£
PROPOSED EDGE
OF ASPHALT
if MOUNTAIN 8" AT
TELEPHONE MO TELEGRAP$
16 S Fz EASEL•IEul
I lu5400 WCR 13 _moo
EXISTWG CENTRAL. WSW OOLNTY
WATER CASIRCT 36 INCH WATER LINE
EXISTING ENTRAL WELD COUNTY
WATER DIS'TRiCT 20 FT EASEMENT
CtR BBIeRaY 27W>+ NP
CAS ONE
ELLIOT
DUSTING BLACM-ILLS
ENERGY GAS LINE
00
LEGEND
GAS UNE
V ATER LINE
— W N
TELEPHONE LINE
OVERHEAD EL EC -7R C
EXISTING RIGHT OF WAY
PROPOSED RIGHT OF WAY
Pr -ROW
SADLE BUTTE EASEAAEN- Ex
PUBLIC SERVICE EASE EXIST'
PUBLIC SERVICE EASE PROP
DER MORGAN EASE EXIST
IfNT STATES FASF FXIST
NTRAI WEIR EXIST EASE
TTt.E THOMP. PROP EASE
- -
UNITED POWER EXIST EASE
LACK HILLS EXIST EASE
DCP PROPOSED EASCNENT
d
NES EXISTING EASE
STING FENCES
—fit —x X
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MILL AM B BALLINGER JR.
& JANICE MAE BALLINGER
Goat Da 1t3111$
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AA:CJAC Var. 2017 Saes AS MOTS JM E'psA
Index of Revisions
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Carron*.
141**
SOUTH EAST ROW ADJ MIX
WELD COUNTY
As Constructed
RVERC. WORKS DEPARTMENT
1sit1s STRII.r
P O Bpi[ 7SO
CORI Y. (OM
5003 S9
FAX 117013344497
No Ressaxts
Void
I
WCR 13 AND WCR 34 INTER.
WCR13 PROPOSED UTILITIES 2
t7asgner SA APOR T E
Duna U —LATE
i
Project No Code
Stew Stan
Sae S a we
SRP-31
Meet Number 21 O! 12:
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Computer File Information
ri wcerre Dios 12/20' 1 a ir+rb s MDL
AdaAt Mtassi 71D37 Sot :swore) :Yo
10424/18
ndex of Revisions
SOL TH EAST ROW ADJ
MOUNTAIN STATES
TELEPHONE E AND TELEGRAPH
TES FT EASEMENT
PUBLIC SERVICE 20 FT
EASEMENT
EXISTING BLACICHILLS
ENERGY CAS LINE
Pr -ROW
EXIS-ING CENTRAL WELD CO,INTY
WATER DISTRJCT 3d INCH WATER LINE
TO REMAIN
WELD COUNTY
UNITED POWER PROPOSED
RELOCATED OVER '1 EN)
ELECTRIC
w W
Pry -ROW Pr -ROW
TCE TCE TCE
XCEL ENERGY 4 tna HP
GAS LINE LOWERED IN
PLACE OR RELOCATED
As Constructed
WCR 13 AND WCR 34 INTER
WCR13 PROPOSED UTILITIES 3
>>r StInct
WATER LINE
— w A'
TELEPHONE LINE
OVERHEAD ELECTR•c
EX STING RIGHT OF WAY
PROPOSED RIGHT OF WAY
-,
SAOLE O TTE EASEMENT EX
PUBLIC SERVICE EASE EXIST
PUBLIC SERVICE EASE PROP
R MORGAN EASE EX 5 -
MOUNT STATES EASE EXIST
ENTRAL WELD EXIST EASE
TTLE TROMP PROP EASE
UP4TED POWER EXIST EASE
HILLS EXIST EASE
DCF PROPOSED EASEMENT
V X /
RES EXIST NO EASE
STING FENCES
x -x - x
Project No./Code
SRP-31
Sheet Nu -r 22 If "25
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PURL IC SERVICE
12 e4CII PIP oAs
PROPOSED PUBLIC
SERVICE SO FT
EASEMENT
PROPOSED Att.O • n
n rit 477 ►11AytU «
G�1Ft::'y C►7
WCR 131
aa;MRC'01RRAL WELD
2a FT E�
RCN
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rue Pit! N no SCTt,a 12_rMU.w ousvus saint
OtioCAD Vince 2017 Scat 4S ACTED (it &gist
Index of Revisions
13/24/18 (CUT H EAST ROWADJ
RELOCATED UTTLE
TMOUPSON WATER
DISTRICT WATER LINE
EXISTING CENTURY LINK
PHONE LINE TO BE
RELOCATED
EXISTING CENTRAL WELD
COUNTY WATER DISTRICT
2G Fr EASEMENT
EXIST LNG CENTRAL WELD COUNTY
WATER DISTRICT 36 INCH WATER LINE
RELOCATED LITTLE
THOMPSCN WATER
DISTRICT WATER LINE
WELD COUNTY
rUNITED POWER PROPOSED
RELOCATED OVERHEAD
ELECTRIC
RELOCATED
DCP 4 INCH
GAS LINE
NEW GAY/SUNRISE LLC
As Constructed
N Rcvot.xls
WCR 13 AND WCR 34 INTER.
WCR13 PROPOSED UTILITIES 4
DNrprsr NA LAPORTE
LEGEND
GAS LINE
WATER ,INE
w w
TELEPHONE LINE
OVERHEAD ELECTRIC
EXISTING RIGHT CF WAY
PROPOSED RIGHT OF WAY
Pr --.0144
SADLE BUTTE EASEMENT FX
PUBLIC SERVICE EASE EXIST
PUBLIC SERVICE EASE PROP
R MORGA$ EASE EXIT
MOUNT STATES EASE EXIST
• NA: WELL) EJU S I EASE
(E; .-
THOMP PROP EASE
"_ 1\
UtiolEO POWER EMS- EASE
K HILLS EXIST EASE
► P PROPOSED EASEMENT
A. t t. d
RES EXIST;N3 EASE
TING FENCES
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Project No /Cote
SRP-31
Steen Nur ter 23 of 125
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Description
6 -inch C-900 DR 14 PVC with Tracer Wire
16 -inch C-900 DR 14 Restrained PVC with Tracer Wire
Connection to southern existing 6 -inch waterline
Connection to new 8 -inch waterline at WCR 34
16 -inch 90° Bend I
6 -inch 45° Bend
2 -inch air/vac vault
6 -inch Gate Valve
Below Ground Blow -off Assembly
12 -inch Steel Casing (Bore)
New Meter Pit and Service Reconnections
Traffic Control
Asphalt sawcut and removal
Removal and Disposal of Existing 6 -inch AC waterline
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4485358 Pages: 15 of 15
04/30/2019 04:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 l����'t�,l���lkll��I��RY� rihr Id Bill
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