HomeMy WebLinkAbout20161826.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES FOR
COUNTY ROAD 49 EXPANSION PROJECT AND AUTHORIZE CHAIR TO SIGN -
UNITED POWER, INC.
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 Electrical
Facilities for the County Road 49 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 United Power, Inc., commencing upon full execution and ending
December 31, 2017 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 Electrical Facilities for the County
Road 49 Expansion 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 United
Power, Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern 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 15th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: SC& S .x/lo•� EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
BY
AP
ounty Attorney
Date of signature: -71 lilac 16,
Sean P. Conway, Pro-Tem
Steve Moreno
CG' PWCFG/E.R)
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/CT
2016-1826
EG0073
MEMORANDUM
TO: Board of County Commissioners
DATE: June 13, 2016
FROM: Elizabeth Relford, Transportation Manager
SUBJECT: United Power Utility Relocation
Agreement — WCR 49 Design -Build Project
Weld County and United Power have been collaborating on a utility relocation
agreement for the WCR 49 Design -Build project. In accordance with the attached
agreement, United Power has agreed to pay to relocate facilities at their cost as part of
their local match to the corridor project. These facilities may be located in county right-
of-way or in easements, which were acquired on United Power's behalf by the county.
United Power has approximately 11 miles of infrastructure along the WCR 49 corridor
between 1-76 and WCR 38. Exhibit A reflects the three work areas United Power is
segregating the corridor in accordance with their work orders with IHC for budgeting and
their internal reporting purposes. The WCR 49 project is contracted through December
31, 2017.
I am available to answer any questions you may have.
2016-1826
'
AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES
BETWEEN UNITED POWER, INCORPORATION AND WELD COUNTY
FOR THE WELD COUNTY ROAD 49 CORRIDOR EXPANSION PROJECT
THIS AGREEMENT, made and entered into this l 0t" day of June, 2016, by and between
United Power, Inc . , with Colorado offices at 500 Cooperative Way, Brighton, CO 80603 ,
(hereinafter called "UP") and THE COLTNTY 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 , ll 50 O Street, Greeley, CO 80632 (hereinafter called "County") .
WITNESSETH :
WHEREAS , 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 49 Corridor Expansion Project, (hereinafter the "Project"), and
WHEREAS , the Weld County Board of County Commissioners sent UP a letter dated
April 13 , 2015 requesting UP assist with relocation costs as part of UP ' S local match to the
Project, and
WHEREAS , a project this size takes considerable coordination and partnership and UP
• and Weld County have exchanged emails discussing various funding options for the Project, and
WHEREAS , in order to construct the Project, County has acquired property rights from
private and public property owners to utilize as road right-of-way, and
WHEREAS , UP owns facilities which are currently located in a combination of privately
owned property (approximately 36%) and County right-of-way (approximately 64%) , in the
vicinity of the Project.
WHEREAS , the properties burdened by UP ' s facilities have been acquired by County for
use as County right-of-way to complete the Project, and
WHEREAS , UP is willing to relocate said electrical facilities to other locations within
privately owned property or within County right-of-way to facilitate the construction of the
Project, and
WHEREAS , County is willing to acquire said easements needed for the relocation of
facilities, as described in Exhibit A (attached) .
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows :
I. UP RIGHTS and RESPONSIBILITIES
1 . UP Facilities Relocation : In accordance with the UP email dated June 18 , 2015 ,
the WCR 49 Corridar Expansion Project requires the relocation of approximately 11 miles of UP
facilities located within existing easements or within Weld County Right of Way. UP has agreed
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to relocate their facilities at their expense in exchange for County providing a 20 foot easement
along the entire route within UP ' s service territory for the relocation of the power lines .
The facilities shall be relocated within privately owned property or within County right-of-way.
All work necessary to accomplish the UP facilities relocation shall be performed in accordance
with UP specifications, in accordance with accepted engineering practices, and in compliance
with all applicable Weld County, State of Colorado and Federal laws, rules and regulations .
2 . UP Facilities Relocation Not to Conflict with Imnrovements : UP agrees the
new locations of the relocated UP facilities shall not conflict with the proposed roadway
improvements or other utility relocations .
3 . Timin� of UP Facilities Relocation : UP shall complete the facilities relocation
for each Project work area by the date stated in the IHC work order or as mutually agreed upon
with IHC .
4 . UP Responsible for Traffic Control : Throughout the relocation process, UP
agrees it shall be responsible for coordination of traffic control as established by the "Manual on
Uniform Traffic Control Devices" (MUTCD) .
5 . UP Shall Obtain Ri�ht-of-Wav Permits : UP 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 49 Corridar.
6 . UP to Stake Easements : Prior to relocation of UP facilities, UP shall
establish and stake easements within that portion of the Project work area for which the UP is
responsible for relocating. If locating in right-of-way, UP shall coordinate with County to
confirm the relocation is sufficiently clear of Project construction work.
7 . Reliance on UP Expertise : County and UP recognize that County is relying
solely on UP to perform the relocation of the facilities in a manner which will ensure the future
integrity of the facilities and the road improvements to be constructed by the County. Therefore,
as part of its assurances under this Agreement, UP affirms that it has sufficient liability insurance
to satisfy any claim of negligence, intentional wrongful acts or other acts or omissions which
may arise as a result of any failure of the road caused by an improper relocation of the facilities .
8 . UP Warranty : UP warrants that all work performed under this Agreement will
be performed in a manner consistent with the professional standards governing such work and
the provisions of this Agreement and shall conform to the performance standards and
requirements set forth herein and in Exhibit A.
9 . UP 's Responsibility to Indemnifv : UP shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from UP ' s acts, errors or omissions
in seeking to perform its obligations under this Agreement. UP shall provide necessary workers '
compensation insurance at UP ' s own cost and expense.
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__ _ _ _ _ _ _ _ .". �
10 . Test Results : Upon completion of the work and if applicable, UP shall submit
to County originals of any test results, reports, etc . , generated during completion of this
wark. Acceptance by County of reports and incidental material furnished under this Agreement
shall not in any way relieve UP of responsibility for the quality and accuracy of the
work. Acceptance by the County of, or payment for, any of the work performed under this
Agreement shall not be construed as a waiver of any of the County' s rights under this Agreement
or under the law generally.
11 . As-Built Drawings : UP shall provide as-built locations of all their facilities
within the Project. The as-built locations shall be provided in the most recent AutoCAD format
(preferred) or ArcGIS shapefile (acceptable) .
II. COUNTY RIGHTS and RESPONSIBILITIES
1 . Estimates of Relocation Expenses : In accordance with the email dated July
7 , 2015 , County agrees to acquire a new 20 foot easement adjacent to the WCR 49 Right of Way
along the entire route within UP ' s affected service territory, approximately from WCR 38 south
to WCR 18 . County will not acquire easements on parcels where right-of-way is not being
acquired.
Weld County will also reimburse United Power for the difference between the cost of overhead
power and underground power in those areas where the County requests United Power to
relocate underground.
2 . County 's Ri�ht to Terminate : The County may terminate this Agreement
at any time prior to UP ' s commencement of relocation construction. In such an event, the County
shall pay UP for all expenses which were incurred by UP for engineering and for materials and
equipment purchased or ardered and paid for by UP, which cannot be returned for a refund, prior
to the date of termination .
III. MISCELLANEOUS
1 . Board of Countv Commissioners of Weld Countv 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.
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 Partv 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
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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 Availabilitv : 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.
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 . Attornev ' s Fees/Legal Costs : In the event of a dispute between County and
UP , concerning this Agreement, the parties agree that Weld County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of UP .
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 UP shall include clauses stating that each carrier shall waive all rights
of recovery, under subrogation or otherwise, against Weld County, its officers , employees,
agents, or volunteers .
9 . Governmental Immunitv: 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.
United Powe
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Date
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L
esatv
Weld County Clerk to the Bo
BY:
Deputy Clerk to '7 e Board
APPROVED AS TO FUNDING:
2
Controller
AP_ROVED AS TO FORM:
County Attorney
Sean P. Conway-,• Pro-Tem
APPROVED AS TANCE:
r Department Head
NIA
Director of General Services
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