HomeMy WebLinkAbout20171806.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES FOR
COUNTY ROAD 47 CORRIDOR EXPANSION PROJECT AND AUTHORIZE CHAIR TO
SIGN - NORTH WELD COUNTY 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 Facilities for CR 47 Corridor Expansion 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 North Weld County Water District, commencing upon full
execution of signatures, 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 Facilities for CR 47
Corridor Expansion 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 North Weld County 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 19th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUJyTY, COLORADO
ATTEST: ddczyws) jdozo;ok.
Weld County Clerk to the Board
BY:
APP
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y Clerk to the Board
ounty A ttorney
Date of signature: -1 / t 3 /
Sean P. Conway
Julie A. Cozad, Chair
Steve Moreno, Pro -Tern
ike Freeman
arbara Kirkmeyer
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2017-1806
EG0074
AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES
BETWEEN NORTH WELD COUNTY WATER DISTRICT, AND WELD COUNTY
FOR THE WELD COUNTY ROAD 47 CORRIDOR EXPANSION PROJECT
THIS AGREEMENT, made and entered into this / / day of , 2017, by and
between North Weld County Water District, with Colorado offices at 3 25 CR 39, Lucerne, CO.
80646, (hereinafter called "NWCWD") 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"). NWCWD and
County may herein be collectively called the "Parties" or each individually a "Party."
RECITALS:
A. 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 Weld County Road 47 Corridor Expansion Project, (hereinafter the "Project").
B. A project this size takes considerable coordination and partnership and NWCWD
and Weld County have met and exchanged emails discussing various options for the Project.
C. In order to construct the Project, County has acquired property rights from private
and public property owners to utilize as road right-of-way.
D. NWCWD owns facilities which are currently located in a combination of privately
owned property and County right-of-way, in the vicinity of the Project.
E. NWCWD is willing to relocate said potable water facilities to other locations within
privately owned property or within County right-of-way to facilitate the construction of the
Project.
AGREEMENT:
In consideration of the foregoing recitals and mutual covenants and agreements hereinafter
contained, the Parties hereby agree as follows:
I. NWCWD RIGHTS and RESPONSIBILITIES
1. NWCWD Facilities Relocation: The Project requires the relocation of
approximately 3.5 miles of NWCWD facilities located within Weld County Right of Way.
NWCWD has agreed to relocate a portion of its facilities at its expense and the County has agreed
to pay to relocate a portion of NWCWD's facilities and such relocation shall be performed by
NWCWD. Exhibit A depicts the NWCWD facilities that NWCWD will pay to relocate as well as
the NWCWD facilities that the County will pay to relocate.
The facilities shall be relocated within privately owned property or within County right-of-way.
All work necessary to accomplish the NWCWD facilities relocation shall be performed in
accordance with NWCWD specifications and its standard engineering practices.
2017-1806 (1)
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2. NWCWD Facilities Relocation Not to Conflict with Improvements: NWCWD
agrees to relocate facilities, as depicted on Exhibit A, within County right-of-way and the County
agrees to pay to relocate NWCWD facilities, as depicted on Exhibit A, within privately owned
property and within the new Right -of -Way, and such relocation shall be performed by NWCWD.
The new locations of the relocated NWCWD facilities shall not conflict with the proposed roadway
improvements or other utility relocations. County shall verify the new locations of NWCWD
facilities prior to relocation and confirm that said locations are not in conflict with the Project.
County shall reimburse NWCWD for any costs and expenses due to subsequent project changes
by the County. County shall reimburse NWCWD for any costs and expenses incurred by
NWCWD to repair damages to its facilities caused by the County or County's contractors during
the construction period.
3. NWCWD Responsible for Removal of Existing Facilities: NWCWD shall be
responsible for the removal of existing facilities in conflict with the new project design. If these
removed facilities are constructed of asbestos cement pipe, then the facility must be removed and
disposed of in a manner consistent with EPA standards. In areas where the new design is not in
conflict with existing facilities, and the existing facility is constructed of asbestos cement pipe,
NWCWD will be allowed to abandon those facilities in -place if they meet the following
requirements:
a. The abandoned facilities must be completely filled with flash fill material.
b. The facilities have already been potholed and surveyed showing exact
locations and depths on the design and as -built plans for the project.
c. Decisions regarding facilities allowed to be abandoned in -place shall be
solely made by County.
d. Neither County or their Contractor shall bear any financial responsibility
for the removal of facilities that are not allowed to be abandoned in -place.
e. In the future, if any construction activities negatively disturb a facility that
was allowed to be abandoned within the right-of-way, it shall be the
responsibility of NWCWD to remove and dispose of the negatively
disturbed facility in a manner consistent with EPA standards. Future
removal, if necessary, shall be the sole financial responsibility of NWCWD.
4. Timing of NWCWD Facilities Relocation: NWCWD shall use reasonable
diligence to complete the facilities relocations within a schedule timeframe that does not interfere
with the Project schedule. NWCWD 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 or
labor trouble, inability to secure materials or equipment, or any other cause beyond the reasonable
control of NWCWD.
5. NWCWD Responsible for Traffic Control: Throughout the relocation process,
NWCWD agrees it shall be responsible for coordination of traffic control and NWCWD agrees to
provide the County with updated traffic control plans as needed.
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6. NWCWD Shall Obtain Right -of -Way Permits: NWCWD shall obtain all
necessary permits, including permits specific to the Project, from Weld County required for its
facilities relocation work. Weld County agrees to waive the Right -of -Way Permit Fees for
facilities relocation work on the WCR 47 Corridor.
7. NWCWD to Stake Easements: Prior to relocation of NWCWD facilities,
NWCWD shall establish and stake private property easements and location of NWCWD facilities
within the new Right -of -Way, as depicted on Exhibit A. County shall verify the relocation to
confirm that said relocation is sufficiently clear of Project construction work.
II. COUNTY RIGHTS and RESPONSIBILITIES
1. Relocation of Existing Meter Facilities onto Private Property: County shall
pay to relocate NWCWD facilities, as depicted on Exhibit A, within privately owned property and
such relocation shall be performed by NWCWD. Estimated costs for these relocations are shown
in Exhibit B.
2. County's Right to Terminate: The County may terminate this Agreement at
any time prior to NWCWD's commencement of relocation construction. In such an event, the
County shall pay NWCWD for all expenses which were incurred by NWCWD for engineering
and for materials and equipment purchased or ordered and paid for by NWCWD, which cannot be
returned for a refund.
III. MISCELLANEOUS
1. Approval: This Agreement shall not be valid until it has been approved by the
Board of County Commissioners of Weld County, Colorado or its designee. This Agreement shall
not be valid until it has been approved by the Board of Directors of North Weld County Water
District.
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.
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.
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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 facilities
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
available. By execution of this Agreement, County does not warrant that funds will be available to
fund this Agreement beyond the current fiscal year. By execution of this Agreement, NWCWD
does not warrant that funds will be available to fund this Agreement beyond the current fiscal year.
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's Fees/Legal Costs: In the event of a dispute between County and
NWCWD, 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
8. 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.
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.
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NORTH WELD COUNTY WATER DISTRICT
By:
Title:
ddriLi
Weld Coun Clerk to the
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Julie Cozad, Chair dfrICI
N 1 9 2017
Exhibit A
NWCWD Facilities that NWCWD Will Pay to Relocate and NWCWD Facilities that
County Will Pay to Relocate
NWCWD will pay to relocate approximately 11,000' of existing water line and fixtures. In
addition NWCWD will pay to install up to an additional 9,600' of new waterline and fixtures.
Weld County will pay to relocate Meter Pit Facilities located at addresses listed below.
Tap #
Name
Address
465
LDS Church
30740 CR 47
1738
Schwalm
22577 CR 64.5
1338
Feit
32059 CR 47
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Exhibit B
Estimated Costs for Meter Facility Relocations
Estimated cost for relocating meter pits: $3,500/each
3 meter pits to be relocated for a total estimated cost of: $10,500.00
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