HomeMy WebLinkAbout20160653.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES FOR
IMPROVEMENTS TO INTERSECTION OF COUNTY ROAD 47 AND STATE
HIGHWAY 392 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 Improvements to the Intersection of County Road 47 and State Highway 392
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 North Weld
County Water District, commencing February 22, 2016, and ending December 31, 2016, 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 Improvements
to the Intersection of County Road 47 and State Highway 392 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 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 22nd day of February, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: jdio �1 I -K•c. ��-
�j� �� Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
Sean P. Conway, Pro-Tern
BY: I C L► •
►►el uty Clerk to t - Boar• I" I fj (mot
lie A. Cozad
R D A M: V 1861 '� ��= - CUSED
bara Kirkmeyer
my Attorney
` p `'` `'rte Steve Moreno
Date of signature: -/
2016-0653
I✓C:RD(M6IM fe 3114, EG0073
t.‘ 8641-;•A MEMORANDUM
r\ TO: Clerk to the Board DATE: February 12, 2016
II-COUNTY, --<2
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FROM: Mike Bedell/Don Dunker, Public Works Department
SUBJECT: Agenda Item
RE: WCR 47/SH 392 Intersection Improvements—NWCWD Utility Agreement
Agreement for the relocation of potable water facilities with North Weld County Water District for
intersection improvements.
Attached are two original agreements. Please return one signed original to Public Works.
RECEIVED
FEB 16 2016
WELD COUNTY
COMMISSIONERS
I M:Vrancie�AGENDA memosWsenda-Curtis.doc
I ,
2016-0653
. . i
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: WCR47/SH392 Intersection Improvements—NWCWD Utility Agreement
DEPARTMENT: PUBLIC WORKS DATE: 2/03/2016
PERSON(S)REQUESTING: Don Dunker(County Engineer),.Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
This project requires North Weld County Water District(NWCWD)relocate a potable water line. The existing
water line is located in a NWCWD easement outside of the SH392 right-of-way. The relocated water line will
be located about 20 feet south of the existing one, in a new utility easement which the project is acquiring on
behalf of NWCWD from the landowner(Wake LLLP).
NWCWD is willing to relocate their water line and their estimated cost of$32,900.00 has been reviewed by PW
staff and seems reasonable. These costs are eligible for reimbursement through the CDOT RAMP Grant
associated with this project.
Recommendation to the Board:
Public Works recommends approval of the attached NWCWD Utility Agreement. The goal is to complete this
utility relocation work prior April 1, 2016 for the upcoming irrigation season.
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Approve Schedule
Recommendation Work Session Comments
Mike Freeman, Chair rnP
Sean P. Conway, Pro-Tem /(./
Julie A. Cozad
Barbara Kirkmeyer
•
Steve Moreno
Attachments: NWCWD Utility Relocation Agreement
AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES
BETWEEN NORTH WELD COUNTY WATER DISTRICT AND WELD COUNTY
FOR THE WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT
THIS AGREEMENT, made and entered into this umn day of February, 2016, by
and between North Weld County Water District, with Colorado offices at 32825 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").
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 WCR47/SH392 Intersection Improvements, (hereinafter 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 utility easements, and
WHEREAS, NWCWD owns facilities which are currently located in privately owned
property in the vicinity of the Project, and
WHEREAS, the properties burdened by NWCWD's facilities have been acquired by
County for use as County right-of-way and utility easements to complete the Project, and
WHEREAS,NWCWD is willing to relocate said facilities to other locations within utility
easements or within County right-of-way to facilitate the construction of the Project, and
WHEREAS, County is willing to reimburse NWCWD for the expenses it will incur as a
result of the relocations, as described in Exhibit A(attached).
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained,the parties hereby agree as follows:
I. NWCWD RIGHTS and RESPONSIBILITIES
1. NWCWD Facilities Relocation: NWCWD shall relocate the existing
facilities as depicted on the Engineering Drawings, (copies of which are attached hereto as
Exhibit A and by this reference made a part hereof). The facilities shall be relocated within
utility easements or within County right-of-way. All work necessary to accomplish the NWCWD
facilities relocation shall be performed in accordance with NWCWD 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. NWCWD Facilities Relocation Not to Conflict with Improvements:
NWCWD agrees that the new locations of the relocated NWCWD facilities shall not conflict
with the proposed roadway improvements or other utility relocations.
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3. Timing of NWCWD Facilities Relocation: It is anticipated that NWCWD will
complete the facilities relocation prior to April 1, 2016 (start of irrigation season). However,
should circumstances beyond their control prevent this from occurring, the facilities relocation
shall be completed prior to December 31, 20.16.
4. NWCWD Responsible for Traffic Control: Throughout the relocation
process, NWCWD agrees that it shall be responsible for coordination of traffic control as
established by the"Manual on Uniform Traffic Control Devices" (MUTCD).
5. NWCWD Shall Obtain Right-of-Way Permits: NWCWD shall obtain all
necessary permits from Weld County and Colorado Department of Transportation (CDOT)
required for its facilities relocation work.
6. Reliance on NWCWD Expertise: County and NWCWD recognize that
County is relying solely on NWCWD 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, NWCWD
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.
7. NWCWD Warranty: NWCWD 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.
8. NWCWD's Responsibility to Indemnify: NWCWD shall defend and
indemnify County, its officers and agents, from and against loss or liability arising from
NWCWD's acts, errors or omissions in seeking to perform its obligations under this Agreement.
NWCWD shall provide necessary workers' compensation insurance at NWCWD's own cost and
expense.
9. Test Results: Upon completion of the work and if applicable, NWCWD shall
submit to County originals of any test results, reports, etc., generated during completion of this
work. Acceptance by County of reports and incidental material furnished under this Agreement
shall not in any way relieve NWCWD 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.
II. COUNTY RIGHTS and RESPONSIBILITIES
1. Estimates of Relocation Expenses: County has agreed to reimburse
NWCWD for the expenses incurred in fulfillment of its obligations under this Agreement as set
forth in the Exhibit A, in the amount of$32,900.00.
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}
2. Increases/Decreases in Estimated Expenses: NWCWD has estimated the
total cost of said relocation, which includes specific work outlined in the Exhibit A. If final
actual costs of relocation are less than the estimated amount, NWCWD shall invoice the County
for the actual costs only. If the final relocation costs exceed the attached Exhibit A, County shall
pay those reasonable additional expenses up to a maximum of an additional five percent (5%).
This amount will be paid to NWCWD, even if the Agreement is terminated pursuant to
Paragraph II.4 below.
3. County to Stake Right-of-Way: County shall establish and stake the County
right-of-way and easements within the work area prior to relocation of NWCWD facilities.
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 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, 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, 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 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
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 fluids 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.
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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. Attorneys Fees/Legal Costs: In the event of a dispute between County and
NWCWD, 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
NWCWD.
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 NWCWD 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 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.
North Weld County Water District:
By: Z /2/W/6*'.
j Dat
Title: e?/S.)7i/ f p Vlgt i/-
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WELD COUNTY SIGNATURE PAGE
ATTEST: thairm/ . . p:a BOARD OF COUNTY COMMISSIONERS
Weld C Clerk to the B and WELD COUNTY, COLORADO
BY: -
Deputy Cler to the Bo �,,,` Mike Freeman, Chair FEB 2 2 2016
/
$7=1S1
APP VED AS O FUND y APPROVED O SUB TANCE:
Controller r El to 'al or Department Head
NirA
Director of General Services
APP VED TO FORM:
fer
County Attorney • 5 o70//v�g3 (2)
2/2/2016
•
NORTH WELD COUNTY WATER DISTRICT
SH 392/CR 47 INTERSECTION WATERLINE RELOCATION
. Weteriro eloc`at n�Opmion of Cost
Materials $ 9,109.00
Mobilization/Demobilization $ 2,000.00
Installation Labor $ 12,800.00
Boring Subcontractor $ 2,200.00
Traffic Control $ 2,000.00
Flushing and Testing $ 500.00
Contingency @ 15% $ 4,300.00
Project Total $ ' 32,900.00
Project Major Tasks
1. Install 1,243 ft of 4" PVC Waterline, installed in 30 ft easement
2. A total of 1 connection to existing Waterlines
3. Relocate 1 meter pit.
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