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Home My WebLink About20180395.tiffRESOLUTION RE: APPROVE AGREEMENT FOR RELEASE OF LIABILITY TO HOLD HARMLESS FOR ACCESS TO WELD COUNTY PROPERTIES TO PERFORM SURVEYING AND ENVIRONMENTAL EVALUATIONS AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE -3J 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 Release of Liability to Hold Harmless for Access to Weld County Properties to Perform Surveying and Environmental Evaluations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and School District RE -3J, commencing upon full execution of signatures, and ending December 31, 2018, 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 Release of Liability to Hold Harmless for Access to Weld County Properties to Perform Surveying and Environmental Evaluations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and School District RE -3J, 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 5th day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dititvo •X,GlD•� Weld County Clerk to the Board BY: AP Deputy Clerk to the B y Attorney Steve Moreno, Chair Sean P. Conway Julie A. Cozad Mike Freeman Date of signature: 02- - cc :PW(srt/EIL/c H) O9 %22/20 • arbara Kirkmey , ro-Tem 2018-0395 EG0075 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Permission to Enter Property DEPARTMENT: PW DATE: 1-31-18 PERSON REQUESTING: Jay McDonald/Frank Haug Brief description of the problem/issue: RE -3J and Keenesburg wants to enter some of our property to do a survey, soil testing, and environmental assessment for an interceptor line that will eventually transport wastewater from the district's property to the town of Keenesburg's water treatment facility. This line will run up CR 59 from the school to the town. At this time they are only asking to enter for purposes of surveying and reviewing the future design. We will also require them to sign a waiver agreement so that we are not liable for anything. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) 1. Grant Keenesburg and RE -3J permission to enter for the purpose of surveying and inspecting for design. 2. Deny entry. Recommendation: Grant entry, we are not giving permission to do anything other than an inspection at this point. Mike Freeman Sean P. Conway Julie A. Cozad Barbara Kirkmeyer Steve Moreno Approve Schedule Recommendation Work Session m r� Other/Comments: a15 DDI G RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY FOR ACCESS TO WELD COUNTY PROPERTIES TO PERFORM SURVEYING AND ENVIRONMENTAL EVALUATIONS THIS RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY, is signed by Weld County School District RE -3J, ("District"), Town of Keenesburg (Town), and Weld County ("Relesaees") District and Town shall be responsible for all of its contractors, affiliates, and subcontrators who are operating pursuant to the terms of this agreement: District and Town will perform the inspections pursuant to the Description of Proposed Work ("Work") included in the Permission to Enter Proprety form attached. In performing the Work, District and Town, and its contractors, affiliates, and subcontractors will be subject to the risks of physical strain and injury normally associated with walking across uneven land surfaces. District and Town will be required to comply with all rules, regulations and instructions of the Weld County Public Works Department, and provides assurance that he or she is in sufficient physical condition to withstand the anticipated physical strain associated with the Work, but acknowledges that injury could occur nevertheless. With such knowledge, the District and Town, on behalf of himself or herself, and on behalf of his or her heirs, successors, and assigns, contractors, affiliates, and subcontractors voluntarily releases and agrees, to the extent permitted by Colorado law, to hold harmless and indemnify the County of Weld; the Board of County Commissioners of County of Weld; and its employees and officers (the "Releasees"), from any and all claims and liability, past, present or future, for any injury or damage to District or Town or to his or her property, resulting from any cause whatsoever occurring in the course of the Work, excepting only any such injury or damage resulting from the willful and wanton acts of the Releasees. The District and Town also agrees, to the extent permitted by Colorado law, to hold harmless and indemnify the Releasees from any and all claims and liability, past, present or future, for any injury or damage to third parties, resulting from the negligent or intentional acts of the District or Town occurring in the course of the Work. District and Town further understands and agrees that the Releasees may be immune to liability pursuant to C.R.S., §§ 24-10-101, et. seq., by virtue of their governmental status. District and Town acknowledges and agrees that this Release of Liability and Agreement to Hold Harmless and Indemnify is not intended to circumvent or replace such immunities. Page 1 of 2 Pages Co I' - 0395 C e) By signing this Release and Agreement to Hold Harmless and Indemnify, the District and Town acknowledges that he or she has read and understands all of the provisions stated herein. Signed this I day of February, 2018. WELD COUNTY SCHOOL DISTRICT RE -3J SUBSCRIBED AND SWORN to before me this I 1�day of � �� 1` OA , 2018. 2 WITNESS my hand and official seal i _ MELEIA MONSEY NOTARY PUBLIC -STATE OF COLORADO My Iden81icatIon # 20164003588 Expires January 27, 2020 My commission expires: LJA/utblviaol TOWN OF KEENESBURG TONIJ•H =sN Notary Pub lo State of Colorado Notary 10 #20.16401 Commission Ex ; was 0 ;� 7A SUBSCRIBED AND SWORN to before me this l day of `s\i\`c V , 20V. WITNESS my hand and official seal My commission expires: Lt- 2 2.02 3 ATTEST: delezAvopi�, BOARD OF COUNTY COMMISSIONERS Weld 'o my Clerk to the BY: Deputy WELD COUNTY, COLORADO Steve Moreno, Chair FEB 0 5 2018 2 of 2 Pages ©I 8'- 039:,5 C D) PERMISSION TO ENTER PROPERTY Weld County Stc SIEVE, ACHIEVE, SUCCEED -3J Name/Purpose: Weld County School District RE -3J Interceptor County Assessor's Parcel Number(s): 147502000026 Property Owner(s): Weld County Property address/location: 8218-A PT E2 21 64 BEG 83178' & W30' OF NE COR SEC W30' S300' E30' N300' TO BEG (see attached map) The undersigned property owner, owner/s representative, or lessee hereby grants permission to the Town of Keenesburg, Colorado and the Weld County School District RE -3J, its contractors, agents, and all other deemed necessary by the District, to enter the property identified above and perform the following activities for a period of one (1) year: DESCRIPTION OF PROPOSED WORK • Perform land surveying activities including: recovery of and measurements to horizontal and vertical survey marks; topographic surveys which includes the modeling of ground terrain and the measuring and mapping of physical features; and the placement of temporary survey stakes or project control markers. Locate underground utilities as marked by CO 811 response. Perform non-invasive hydro -excavation on top of utilities, such excavations will be backflled, and the property restored. MI markers, stakes, etc. will be removed from premises upon completion of surveys. • Conduct preliminary environmental, cultural and natural resource she reviews to identify and document hydrological, soil and wetland vegetation conditions. Soil conditions will be documented by hand -excavating soil pits down to 18-inohes below the ground surface. Any holes dug will be backilled and compacted to their original condition as near as practicable prior to leaving the site. Natural resources reviews will involve surface observation of vegetation, wlldlifb and other related resources. Cultural site review will include the identification of historical artifacts that could be considered 50 -years old or older. • Conduct geotechnioal studies, which involve one or more soil borings by a truck -mounted drilling rig in order to collect data about the geotechnical conditions of the site. Samples will be collected at depth intervals for laboratory testing. Any bores will be baokfdled to their original condition as near as practicable prior to leaving the site. Conditions requested by Owner: Permission granted by: (check one) Property Owner o Property Owner Representative ❑ Lessee Name (please print) Steve Moreno, Chair Board of Weld County Commissioners re Aiidress Date FEB 0 6 2018 Phone 1150 0 Street, Greeley, CO 80631 970-400-4228 City, State, Zip Greeley, CO 80631 Fax 970-336-7233/x4021 Emall smoreno@weldgov.com O2a /I- o39a� Weld County Sch 3J BEi.fEV€, ACHIEVE, SUCCEEEI Greg A. Rubenlrorst, Ed. D. Superintendent 99 West Broadway PD Box 269 Keenesburg, Co 80643 January 24, 2018 Weld County — Department of Public Works P.O. Box 758 Greeley, CO 80632 Piro;fe: 303-536-2000 Fax: 303-536-20/0 www.re31.com coni Project Name: Weld County School District RE -3J Interceptor Assessor Parcel Number: 147502000026 RE: Request for Permission to Enter Property Dear Property Owner: The Weld County School District RE -3J (District) and Town of Keenesburg, Colorado (Town) are proposing construction of the Weld County School District RE -3J Interceptor located in the along the westside of County Road 59 between State Highway 52 and East Woodward Avenue in Keenesburg, Colorado. The proposed interceptor will carry untreated wastewater from the District to the Town's wastewater treatment facility. Certain field data and site -specific information is needed to develop the design of the Project. The District and Town will conduct topographical/property location surveys, together with cultural, historical, biological, wetland, and hazardous material assessments and surveys within the limits of the Project. While much of this work can be accomplished within or from the existing road right of way, the District and Town and its contractors will need access to private properties located within the Project's corridors. NV5 and subcontractors, on behalf of the District and Town, are investigating alignments for the proposed Weld County School District RE -3J Interceptor. These consultants need to enter your private property to carry out field investigations to assist in the development of the design of the interceptor. We have scheduled field investigations for the period of one (1) year and access to your property during this timeframe is needed to complete the investigations. TRS Corp. (TRS) has been engaged by the District and Town to help obtain written Permission to Enter Property ("PTEP") from property owners within the Project limits for the survey activities outlined above. The District and Town respectfully requests your written permission to allow the District and Town and its contractors to enter your property for the surveys and assessments described above, Enclosed is the District and Town form of Permission to Enter Property for your consideration and signature. You may return the signed PTEP to me at TRS in the envelope provided, or by scan and email to ric1 rd.pi enri ge@trscorp.us. Should you have any questions, or need additional information, please contact our office at 720-- 689-6080 or me directly at 720-320-2070. Thank you for your time and cooperation. Sincerely, i a is J r�' r'AAj3r� 1 7� fr A2 g Richard B. Pittenridge TRS Corp. Representing Weld County School District RE -3J and the Town of Keenesburg Enclosures: Permission to Enter Property Self-addressed, stamped envelope cc: Todd McCowin, Project Manager This map is a user generated stage output from an In=ternet mapping site and is for reference only Data layers that appear on this map may or may not be accwa,e, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Hello