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Home My WebLink About20190644.tiffRESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF SECTION OF DITCH (COUNTY ROAD 44 BRIDGE REPLACEMENT) AND AUTHORIZE CHAIR TO SIGN - WESTERN MUTUAL DITCH COMPANY 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 Section of Ditch (CR 44 Bridge Replacement) 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 Western Mutual Ditch Company, commencing November 1, 2019, and ending March 31, 2020, 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 Section of Ditch (CR 44 Bridge Replacement) 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 Western Mutual Ditch Company, 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 11th day of February, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �� Weld County Clerk to the Board :(A. BY: Deputy CI APPS ED • -� • ounty Attorney Steve Moreno Date of signature: 2- l4-Iq arbara Kirkmeyer, hair Mike Freeman, Pro-Tem James Cc.1Pw(CP/ER/CEll cc.-C8C) ©a/Q5/IR 2019-0644 EG0076 CoR�1-raC3' I L42.31 MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: February 5, 2019 FROM: Cameron Parrott, P.E., Public Works SUBJECT: Agreement for Relocation of a Section of Ditch Between Western Mutual Ditch Company and Weld County This agreement is between the Western Mutual Ditch Company and Weld County for the relocation of a short section of existing ditch related to the replacement of bridge WEL044.0-033.0A. The crossing is located just east of Hwy 85 on WCR 44. This agreement has been reviewed by the County Attorney's Office for consistency with other irrigation company agreements. The dates for construction of this new structure were changed from the original agreement. I have included an email correspondence that states that the Western Mutual Ditch Company board has approved the new dates for construction which start on November 1, 2019 and extend to March 31, 2020. The agreement is necessary for the replacement of the existing bridge crossing over the Western Mutual Ditch on WCR 44. The design of this new structure and the ROW acquisition is currently ongoing. The new structure will be constructed next winter while irrigation water is not flowing per the agreement. A pass around was approved by the BOCC in January and is attached for information. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. Once the agreements have been signed, please send one of them back to me so I can provide copies to the ditch company. 2019-0644 �Iti 07140 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Western Mutual Ditch Company Relocation Agreement DEPARTMENT: Public Works PERSON REQUESTING: Cameron Parrott DATE: 1/2/19 Brief description of the problem/issue: This agreement is between the Western Mutual Ditch Company and Weld County for the relocation of a short section of existing ditch related to the replacement of bridge WEL044.0-033.0A. The crossing is located just east of Hwy 85 on WCR 44. This agreement has been reviewed by the County Attorney's Office for consistency with other irrigation company agreements. The dates for construction of this new structure were changed from the original agreement. l have included an email correspondence that states that the Western Mutual Ditch Company board has approved the new dates for construction which start on November 1, 2019 and extend to March 31, 2020. The design of this replacement bridge and the ROW acquisition are currently underway. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve the agreement and place it on the next available BOCC agenda o The fees for legal review and engineering review have already been covered. o The ditch company is not charging Weld County for a crossing fee since this is an existing ditch crossing. • Deny the agreement o Denying this agreement may delay construction of this bridge, which has deadlines related to the Federal Bridge -Off System funds being used for this project. Recommendation: Staff recommends approving this agreement and that it be placed on the next available BOCC agenda. Approve Recommendation Sean Conway Scott James Mike Freeman, Pro-Tem Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: From: Bob Choate To: Cameron H. Parrott Subject: Fwd: Western Mutual Ditch Company/WCR 44 Bridge Replacement Date: Thursday, November 29, 2018 12:17:24 PM Attachments: imaae001.onq WCR 44 Bridae Replacement Aareement Revised 11-8-18.odf Cam. See below. Can on get this rolling with the Board? Thanks. Bob Choate Assistant Weld Count Attornec 1970)400-4393 Original message From: Moana Thaden Date: Thu. Nov 29. 2018 10:48 AM To: Bob Choate: Cc: Wes Knoll: Subject:RE: Western Mutual Ditch Company/WCR 44 Bridge Replacement ICa utioniThis email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender-and.know the content is safe. Bob, The Western Board approved the extension of the start date. Please have the County sign the agreement and provide us with a fully executed copy. Thank you, Moana las Moana M. Thaden Legal Assistant to P. Andrew Jones and Ryan M. Donovan Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd., Suite Johnstown, Colorado 80534 Phone: 970-622-8181 Fax: 970-660-44 I 2 moana@ljcglaw corn SPECIAL NOTE TO CLIENTS: If you or your organization is a client of this firm and this electronic mail message is directed to you, please DO NOT FORWARD this transmission to any other party. Strict confidentiality is necessary with respect to our communications in order to maintain applicable privileges. Thank you. Confidentiality Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above -named recipient. If the reader of this message is not the intended recipient. you are hereby notified that any dissemination, distribution, printing or copying of this message is strictly prohibited. If you have received this message in error, please notify us by telephone or return the email message to us. Thank you. From: Bob Choate [mailto:bchoate@weldgov.comj Sent: Thursday, November 8, 2018 11:31 AM To: Wes Knoll <Wes@ljcglaw.com> Cc: Moana Thaden <Moana@ljcglaw.com> Subject: RE: Western Mutual Ditch Company/WCR 44 Bridge Replacement Wes, Per my phone call with Moana, please find attached the agreement between Weld County and the Western Mutual Ditch, with year -date changes found on page 2 and 4. If your client is agreeable, we will have the Board approve and have the chair sign, and initial the changes. As I described to Moana, the County will not be able to complete this project this season, so it is necessary to push it back a year. I believe the County has already paid all of Western's review fees. I look forward to hearing from you. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Moana Thaden <MoanaPljcglaw.com> Sent: Friday, October 5, 2018 1:21 PM To: Bob Choate <bchoatePweldgov.com> Cc: Wes Knoll <Wes(tljcglaw.com> Subject: Western Mutual Ditch Company/WCR 44 Bridge Replacement This etnd t onginated from.outsid sender and know=the content is safe Mr. Choate, County Government. Do not clicklmks or open attachments; unless you recognize the. On August 23, 2018, we provided you with two originals of the Agreement for Relocation of Section of Ditch between Western Mutual Ditch Company and Weld County (WCR 44 Bridge Replacement), and asked that one original be returned to our office once it was signed by the County. As of this date we have not received a signed Agreement. Please advise at your earliest convenience when we can expect the fully executed Agreement, so we may close our file. Thank you, Moana inn Moana M. Thaden Legal Assistant to P. Andrew Jones and Ryan M Donovan Lawrence Jones Custer Grasmick LLP 5245 Ronald Reagan Blvd., Suite 1 Johnstown, Colorado 80534 Phone: 970-622-8181 Fax: 970-660-4412 moana@ljcglaw corn SPECIAL NOTE TO CLIENTS: If you or your organization is a client of this firm and this electronic mail message is directed to you, please DO NOT FORWARD this transmission to any other party. Strict confidentiality is necessary with respect to our communications in order to maintain applicable privileges. Thank you. Confidentiality Statement: This email and any accompanying documents contain information which is attorney privileged, confidential and intended only for the use of the above -named recipient. If the reader of this message is not the intended recipient. you are hereby notified that any dissemination, distribution, printing or copying of this message is strictly prohibited. If you have received this message in error, please notify us by telephone or return the email message to us. Thank you. AGREEMENT FOR RELOCATION OF SECTION OF DITCH BETWEEN Western MUTUAL DITCH COMPANY and WELD COUNTY (WCR 44 BRIDGE REPLACEMENT) THIS AGREEMENT is made this is- day of (litGLc, , 2018, by and between Western Mutual Ditch Company ("Western"), a Colorado non-profit corporation and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Western is the owner of a certain right-of-way within which lies ditch improvements and related appurtenances, (hereinafter referred to as "the Ditch" or "Western's Ditch"), and WHEREAS, County finds it necessary to replace a bridge located on Weld County Road 44 which will involve County's acquisition of property as additional right-of-way, and placement of a concrete box culvert beneath the Weld County Road 44 ("WCR 44") which connects sections of Western's ditch on either side of WCR 44, (hereinafter referred to as "Project"), and WHEREAS, Western and County acknowledge Western's Ditch lies within an area of the Project, (a copy of the legal description, design overlay and engineering drawings are attached hereto and made a part hereof by this reference as Exhibit "A"), and WHEREAS, Western and County recognize that County has a statutory obligation to maintain its roads and bridges to protect the safety of the travelling public and that Western also has legal obligations to deliver water to its shareholder/members, and WHEREAS, Western agrees that County has designed the Project to accommodate the current average water capacity of the Western's Ditch, as reflected in the construction and design drawings, a copy of which are attached hereto and made a part hereof by this reference as Exhibit A, and WHEREAS, each party desires to cooperate in a manner that permits each to meet its obligations. NOW, THEREFORE, in consideration of the promises and covenants expressed herein, the parties mutually agree as follows: I. WESTERN'S RIGHTS AND RESPONSIBILITIES: 1. Construction and Design Drawings: Western and County acknowledge that each has had the opportunity to provide input into the design of the Project, and that Exhibit A reflects the collaborative design efforts of the parties. In the event that County discovers unanticipated conditions during construction, County shall notify Western of the need for design changes. Following Western's approval, the revised drawings, plans, and/or specifications shall be attached hereto and made a part hereof as additional exhibits. In order to avoid delays during construction, Page 1 of 8 4466980 Pages: 1 of 10 02/14/2019 11:43 Aft R Fee:$0.00 Carly Koppes, Clerk and Recorder, Meld County, CO 10, "III ©t<=1 - OCoLici< t) County shall be authorized to continue construction using revised plans, except for the following, which require prior approval from Western: major design changes; design changes which affect the adjacent check structure or head gate; or changes which reduce designed flow capacity. When prior approval is required, Western shall review revised plans in a timely manner. 2. Construction of Project and Maintenance of Concrete Box Culvert: Western hereby grants permission to County to construct the improvements described on the Exhibit A drawings and thereafter maintain said concrete box culvert, within the area occupied by Western's Ditch, as described and illustrated in the construction and design drawings reflected in Exhibit A. 3. Grant of Right of Ingress & Egress: Western hereby grants to County the right of ingress and egress to and from the Project and across the Western Ditch property, as necessary and reasonable for the exercise of the purposes of this Agreement. Western acknowledges and agrees that County will require access to Western's existing ditch and to the concrete box culvert to complete construction of the relocated ditch, and hereby specifically affirms that County shall have that access. 4. Western's Field Inspections: Western may, in its discretion, conduct field inspections at the initial stage of planning and later within three (3) business days of County's notification to Western that construction has been substantially completed. In addition, at Western's discretion, field inspections may be conducted at any time during the construction of the Project. Western shall notify County in writing of all corrective work it deems necessary within three (3) days of such field inspections. Such corrective work shall be completed promptly at the sole expense of County. Failure of Western to notify County of the need for corrective work within three (3) business days of Western's inspection shall be deemed to constitute Western's acceptance and approval of the construction of the Project through the date of that inspection. 5. Timing of Ditch Construction and Relocation: Western has provided County with the dates no water will be flowing through the Ditch, so that the construction and relocation work may be completed within those dates. At the signing of this Agreement the parties generally agree that the relocation may be completed between November. 20I -rand March..2&t9' 6. Western's Present and Future Rights to Maintain Ditch: Western has, and shall continue to have full power to operate, maintain, alter, enlarge, relocate, clean and manage the Ditch as if this Agreement had not been made, except to the extent that Weld County right-of-way for the Project or other County right-of-way may be damaged by Western's negligence in conducting said activities. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes within and upon the Ditch and Ditch right- of-way, shall not constitute negligence. In the event, however, that any such activity on the part of the Western could reasonably be expected to damage County's road, structures or right-of-way, Western agrees to give prior notice to County, and to cooperate with County to mitigate and possibly avoid said injuries or damages to the County's road, structures and/or right -of way, and this Project. The parties acknowledge and agree that the County shall own and have the full responsibility to maintain the culvert it constructs and that aside from County's maintenance responsibilities, Western has the exclusive right to use the structure for the transport of its water. 7. Emergency Repairs: In the event Western finds it necessary to perform emergency repairs to the Ditch, either during County's construction of the Project or at any time Page 2 of 8 4466980 Pages: 2 of 10 02/14/2019 11:43 AID R Fee:$0.00 Carly Koupes. Clerk and Recorder. Weld County, Co ,III RIIkJ), , II in the future, and such activity causes damage to County's road, right -of way and/or Project, Western shall be without liability for damages to County as the result of the performance of such repairs, except as to such damage caused by Western's negligence. If Western determines that emergency repairs to the Ditch must be made, which repairs are caused by the acts or omissions of County in constructing or maintaining the Project and/or road, Western shall notify County of the need for such repairs; if County is able to conduct such repair work, it will so notify Western immediately, and will commence said repairs within a time period agreed to by Western. If County is unable to undertake said repair work itself either due to construction expertise or as a result of time constraints within the time period required by Western, and Western is required to expend funds for said emergency repairs of the Ditch, Western shall notify County of the expenditure, submit documentation of the expense incurred and, subject to the approval of and appropriation of funds by the Weld County Board of Commissioners, County shall reimburse the Western for any reasonable expense incurred by Western related to the emergency repairs. 8. No Flow of Water During Construction of Project: The parties agree that the construction of the new concrete box culvert beneath the Weld County Road 44 will eliminate the possibility of the flow of water through Western's Ditch at the location described in Exhibit A during the period of active construction. The County shall notify Western at least 72 hours prior to beginning construction so that Western can make any necessary preparations for ceasing the delivery of water in the Ditch at the location described in Exhibit A. II. COUNTY'S RIGHTS AND RESPONSIBILITIES 1. County's Right of Ingress & Egress: County has the right of ingress and egress to and from the Project and across the Ditch property, as needed to complete the construction of this Project. 2. County to Provide Notice of Work: All work shall be performed only after prior notice and submission of plans and specifications to Western's superintendent, after such engineering and legal consultation as Western considers necessary, following the approval of the same by Western. Such approval shall not be unreasonably withheld or delayed. The Parties agree that the plans attached hereto as Exhibit A are approved for construction. 3. County's Construction Responsibilities: County agrees to construct the Project, and thereafter maintain its right-of-way and concrete box culvert in such a manner as to avoid damage to the Ditch, particularly the embankments and access thereto, and to avoid interference with the flow of water through the Ditch. Any damage to the Ditch caused by County's construction of the Project, including damage to the Ditch's embankments and facilities appurtenant to the Ditch, and any construction deficiencies occasioned by County's improper construction of the concrete box culvert and Ditch shall be addressed as follows: (1) If Western determines that repairs to the Ditch must be made, which repairs are caused by the acts or omissions of County in constructing or maintaining the Project and concrete box culvert, Western shall notify County of the need for such repairs; (2) If County is able to conduct such repair work, it will so notify Western immediately, and will undertake said repairs within a time period agreed to by Western; (3) If County is unable to undertake said repair work within a time period to which Western agrees, and Western expends any sum for said repairs of the Ditch, Western shall notify County of the expenditure, submit documentation of the expense incurred and, subject to the approval of and appropriation of funds by the Weld County Board of Commissioners, County shall Page 3 of 8 4466980 Pages: 3 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County, CO 1111114!ralli:7 iRcli!'Crt Jeili‘Th.`/ICIOIht,PD i .01 II 11 I reimburse the Western for any reasonable expense incurred by Western. Should any construction deficiencies occasioned by County's improper construction of the concrete box culvert, in any way prevent or diminish Western's ability to deliver water through the ditch, County shall reimburse Western and/or its shareholders for any actual damages caused by non -delivery of water, subject to the approval of and appropriation of funds by the Weld County Board of Commissioners. County further agrees that the construction of the Project and maintenance of its right-of-way shall in no way harm or diminish Western's rights in and to the easement Western holds for the purpose of keeping and maintaining the Ditch and for delivery of water to its shareholders. 4. Historical Drainage Patterns: Western and County agree that the design of the project, as reflected in Exhibit A, is expected to preserve historical drainage patterns, and both parties believe that said design shall, therefore, preserve the integrity of Western's facilities and shall not reduce the capacity of the ditch to carry and convey water to Western's shareholders. However, in the event that historical drainage patterns are substantially altered by construction of the Project, and adversely impact Western, County agrees to correct those characteristics of the Project which created the adverse impact. 5. Flow of Water During Construction of Project: It is a primary goal of County in the construction of this Project, not to interrupt the flow of water through Western's Ditch for a period longer than is necessary to complete the relocation and construction of the ditch, and the construction of a new concrete box culvert. To that end, County agrees that absent accidents involving third parties, or force majeure, as described in Paragraph 1I1.12 herein, County will not interrupt the flow of w ter through Western's Ditch at any time prior to November V, 29.1.8' or after March 31", 2O-1-8" he parties have agreed that County shall construct the Project during the period beginning on November l',20-113. and ending on March 3151, 2Q -l-8 unless otherwise agreed to by both parties. As the parties are aware that water could be carried through the Ditch for a variety of reasons at any time during the construction period, Western has agreed to provide notice to County immediately following Western's intent to flow water. Immediately following its receipt of such notice, County shall begin the removal of its equipment, materials and/or personnel from the Ditch site in order to allow the free flow of water through the Ditch, as soon as reasonably possible. Notice of the carriage of water in the Ditch by Western shall be given to each person named in paragraph 111.13 and in accordance with the provisions of that paragraph. 6. Repair and Maintenance of Project After Construction: All post -construction repairs, replacements or maintenance of the Project by County which could impact Western's use and operation of the Ditch shall, in the absence of an emergency, be undertaken during a period when the Ditch is not being used to carry water. County agrees to notify Western of the need to repair, replace or maintain the Project and Western agrees to provide County with a flow schedule which will allow County to perform its work when the Ditch is not expected to be used to carry water. In the event of an emergency situation caused by an immediate and unforeseen incident causing damage to the Weld County Road 44 which creates a danger to the travelling public, County agrees to immediately notify Western ofthe need to conduct such repairs, and to the extent possible, Western agrees to cooperate to allow County to complete said repairs. 7. County's Responsibilities Following Construction and/or Repair, Replacement and Maintenance: Upon County's completion of construction of the Project, and following any later repair, replacement and/or maintenance activity related to the Project, which takes place within the Ditch boundaries, County agrees it has a continuing obligation to clean and Page 4 of 8 4466680 Pages: 4 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Kecpes. Clerk and Recorder. Weld County. CO maintain the area in order to place it in the same or better condition than it was before the activity began. This obligation shall include cleaning the box culvert as to remove any sediment buildup or rubbish existing in the Project area. County agrees to commence cleaning and/or maintenance of the Project area and box culvert within seven (7) days of a request from Western to clean and/or maintain the Project area and box culvert. 8. Legal/Eneineering Expense Reimbursement: County agrees to reimburse Western for all reasonable legal and/or engineering costs incurred by Western for the legal review of this Agreement and for the professional engineering review of the Project's design, and Western agrees that the amounts paid to the date of the execution of this Agreement have been sufficient. 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, Colorado. 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 their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. This Agreement may be assigned by County to another governmental entity who by annexation or other governmental action assumes jurisdiction over the Project, without the written consent of Western. Western agrees to notify County of its intent to assign this Agreement in order that it may take such formal action for ratification as may be required by its Board of County Commissioners. 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. Fund Availability: County has budgeted the funds required to perform its obligations under the terms of this agreement, and assumes that all expenses it is required to pay will be expended within the current calendar year unless otherwise stated. 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 available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 5. Time of the Essence: Time is of the essence in each and all of the provisions of this Agreement. 6. Severabilitv: 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, Page 5 of 8 4466980 Pages: 5 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO ■Ili Wat I I I,1101100,i'lt II II I to the extent that this Agreement is then capable of execution within the original intent of the parties. 7. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. 8. Attorneys Fees/Legal Costs: In the event of a dispute between County and Western concerning this Agreement, the parties agree that neither party shall be liable to or responsible for the payment of attorney fees and/or other legal costs incurred by or on behalf of the other party. 9. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, by either party, 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. 10. Entire Agreement/Modifications: This Agreement, inclusive of the exhibits attached hereto, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument executed by both parties. 11. Compliance with Laws: The parties agree that each shall comply with all applicable federal state and local laws. The parties shall comply with all ordinances and rules in connection with the construction and/or maintenance of the Project, each shall obtain such permits and/or approvals required by applicable governmental entities in connection with the construction and/or maintenance of the Project and shall take such affirmative and/or remedial actions required by such entities. 12. Interruptions: Neither party to this Agreement shall be liable to the other for delays in performance or a failure to deliver or otherwise to perform any obligation under this Agreement where such failure is due to force majeure, or any cause beyond the parties' reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 13. Notices: Any notice required or permitted hereunder shall be deemed effective when transmitted by facsimile to the numbers provided below or when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party to whom notice is to be given, as follows: Notice to County: Weld County Public Works Richard White, P.E. E -Mail: rwhite@weldgov.com P.O. Box 758, Greeley, CO 80632 Page 6 of 8 4466980 Pages; 6 of 10 02/14/2019 11:43 AM R Fee$0.00 Carly Koopes. Clerk and Recorder Weld Country. CO ■Ill"III Notice to Western Mutual Ditch Company (Western): Name: Frank Eckhardt Email: Phone Number: 970-539-0445 Address: 3005 West 29th Street, Suite G1, Greeley, CO 80634 *In the event that County or Western should designate a different individual(s) to receive notice, or change the address or facsimile number listed above, the other party shall be notified in writing of the new information. The failure to provide new or corrected information shall release the other party of all responsibility for any losses suffered by the party failing to provide the new information. * 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 o f which shall be deemed an original, on the date first written above. WESTERN MUTUAL DITCH COMPANY (Western) By:etA-A-kif) c.f�� Name: Frank Eckhardt Title: President STATE OF COLORADO ) ss. COUNTY OFavtme� The foregoing instrument was acknowledged before me this {,--3 day of Frank Eckhardt as President of the Western Mutual Ditch Company. WITNESS my hand and official seal. My Commission Expires: MOANA M THADEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19914013017 MY COMMISSION EXPIRES 09.27-2019 4466980 Pages: 7 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Kopnes. Clerk and Recorder: Weld County, CO itI (mil -Li (.11,‘ 2018, by l 1 ti w PL�b�I� , Co low 0 Page 7 of 8 BOARD OF COUNTY COMMISSIONERS ATTEST: ?flicitio) ..&;‘,k, Weld County Clerk to the Board BY: Deputy Clerk to e Board WELD COUNTY, COLORADO tkilr-LA—/ kmeyer, Chair STATE OF COLORADO ) ) SS. COUNTY OF eAc( ) The forgoing instrument was acknowledged before me this L 1 day of Feb. 2019, by Barbara Kirkmeyer as Chair of the Weld County Board of Commissioners. WITNESS my hand and official seal. My Commission Expires: Op ( 03/ &OSZ CHLOE ALEXANDRA REMPEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164024038 MY COMMISSION EXPIRES JUNE 23, 2020 4466980 Pages: 8 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County, CO ®lil F. 7+61)Jhis: I% ®1111 FLO,,tz Page 8 of 8 00 lq -°Coq11 CI) P o0I / NHS FHWA PROJECT OF DIVISION INTEREST (PoDI)? • NO 0 YES NATIONAL HIGHWAY SYSTEM? ▪ NO O YES TABULATION OF LENGTH & DESIGN DATA STATION FEET ROADWAY MAJOR NCR 44 STR BEGIN BRO C830-878 r STA 9+58 00 STA 13+36 88 BEGIN STRUCTURE NO WEL844 0-833 BA STA 13+63.20 END STRUCTURE NO WEL844 H-833 8A END BRO C838-870 = STA. 17+50.00 386 80 388 80 26 48 TOTAL 773 60 26 40 SUMMARY OF PROJECT LENGTH FEET MILES FLUOR STRUCTURE 26 48 0.005 PROJECT GROSS LIMN 600 OE, 0 152 DESIGN DATA WCR 44 MAXIMUM RADIUS OF CURVE MAXIMUM GRADE MINIMUM S S 0 HORIZONTAL MINIMUM S S D VERTICAL MAXIMUM DESIGN SPEED 2817 DESIGN TRAFFIC TRUCK % 2834 DESIGN TRAFFIC CLEAR 70NF DISTANCE (TANGENT) CONSTRUCTION CLEAR ZONE (MIN 18') NsA 1 56% NIA 572 60 MPH DHV = 150 ADT=1495 44 0% ADT=2984 24 FT 18 FT Print Dote-. 10/5/2017 Fite Nome: 140990_DES_ Title dqn Nadi Scale: 1:1 Unit Information, Vert Stake: As Noted A '.JIM hint nostn444pr IM4 MODC'~" ten a. Unit Leader Initiots es O 0 0 Dote: DEPARTMENT OF TRANSPORTATION STATE OF COLORADO HIGHWAY CONSTRUCTION BID PLANS OF PROPOSED FEDERAL AID PROJECT NO. BRO C030-070 WELD COUNTY ROAD 44 OVER WESTERN MUTUAL DITCH WELD COUNTY CONSTRUCTION PROJECT CODE 20826 T ♦ N Sheet Revisions RNM ILO IV d a• h EXISTING STR. NKI. WEL044.9-Q4..0A PROPOSED STR. N0. *Q044.0-0.13.0* wCR 44 STA 9+50.00 BEGIN PROJECT SRO CO3O-O70 s MUSA wca a 'CR 42 SCR 40 LS LAIN, 1MGR 44 STA. 17+60.00 END PROJECT ORO Co3O-070 lb 6 NMW R.be PROJECT LOCATION MAP 0 0-3 1 2 as. '. 4 N Related Projects: P. E. NIR CT: Project Number Project Code: BRO C030 -O70 20626 R.O.W. Projects: R.O W. Project Description SHEET NO_ INDEX OF SHEETS 1 TITLE SHEET 2 STANDARDS PLANS LIST 3 ROADWAY TYPICAL SECTIONS 4 GENERAL NOTES 5-6 SUMMARY OF APPROXIMATE QUANTITIES 7 PLAN AND PROFILE GRADE 8-11 ACCESS PLAN & PROFILF 12 SURVEY TABULATION SHEET 13 DETOUR AND TRAFFIC CONTROL PLAN 14 UTILITY PLAN 15.18 DETAILS STRUCTURE NO. WEL044 0-033.8A 19-34 ROADWAY CROSS SECTIONS 35 R.0 W EXHIBIT FIR 1 October 6, 2017 Comments Init. Weld County Public Works Deportment On recta Ompri ist or trepan 1 Caw& Ilia Min SWOW PO e.a rss IMISc•..r co coot ra�F.1b.n. ►s. (1)03 304-44Ma]75C U$4ran ($7 304-4447 As Constructed No Revision: Contractor: ontroct Information Project No./Code Revised: Resident Engineer: Project E • set: 8RO C030-070 4466980 Pages 9 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder Weld County COI III �►��f�'�1�1�1'�l�"11U��'llf�"1�1�� ,.f II� - I . II.�� I fl ff��l I�rl�� 1111f l�llf� lilt Void: PROJECT STARTED: ,.J _J_ ACCEPTED ./ -J 20826 Sheet Number I It' _ 4730 Pais -- 4730 i- 4721 i 1 1 sib Existing R.O.W (Typ.) on— 4790 -- 4712 Roadway 4 Horizontal Control Line Existing Fiber Optic Line (Typ. J _ Invert Elev. 4721.68 Print Dote: 10/5/2017 � Ordej SOS S Ns of Asphalt (TypJ Sto. 13460 ELM 780-x" Sting Water Line (Typ.) a - a . a Existhg Overhead s 74 —Electric Line (Typ.) 4 S MOOS r ► 39'-0" F 20'-11" is Roadway . Horizontal Control Line 21'-1/i" Profile Grade— \:, 1 I Invert Elev. 4721. Proposed Roadway) ACTION (Taken of E CSC) 39'-0" l IP-0" Precast Section (Typ.) Overfeed eJ r l 1 1 1 1 1 L DITCH ACCESS RD, I' a • a ♦` • • Approximate Exist Ground Line along CBC Invert Elev. 4721.29 0' r • • r xr T-8" 9a 16'-0" 473' 4730 MINN a 47n —• a- a 4790 —• a a 4710 �Procest Concrete Doe Culvert cBC TYPICAL SECTION 3 Fie Norse: 140900_GenLayouLtly Hark. Scale: 1:10 Vrt. Said: As Noted Unit Information Unit Leader Initials Afirst lest:t SEM gmbra n 7 t.. C C C C Sheet Revisions Dote-. Comments Init. Weld County Pubic Works Deportment As Constructed 3 4466980 Pages: 10 of 10 02/14/2019 11:43 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO 11 I N i>rrk ; lily), ii ! I i COS ssweme M treapwlwars SEIM NOWNISPCNI ►W N srs No Revisions: •.a. er 7si ssiss tr► m= Revises F. fl 304 467 "°` Void: T GENERAL LAYOUT Wire : K. Armada It:rfto44.oson.oA D. Sheet Subset: BRIDGE 1 Sent Sheets: B2 of 4 T $3 Project No./Code BRO C030-070 20826 Sheet Plumber 16 I a Hello