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Home My WebLink About20161708.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES FOR COUNTY ROAD 49 CORRIDOR EXPANSION PROJECT AND AUTHORIZE CHAIR TO SIGN - CENTRAL 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 49 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 Central 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 County Road 49 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 Central 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 1st day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS �.��te ' cd / l WELD COUNTY, COLORADO ATTEST: G,a�uv G; -iLiD•�c �lez Mike Freeman, Chair Weld County Clerk to the Board � Sean P. Conway, Pro-Tern_ BY: ' l eputy Clerk to the Board Ju ozad ? Li} / APPROVED AS TO FORM: "1!/, , 7 w 1i dt +!mss � •ara Kirkmeyer E CN LSD County Attorney ,�;-- • �• • / '1 m ,repo Date of signature: -1 ill I Co , '� ;,:- ' �11 goo. �� ®Q,��7 2016-1708 Cc/ . JCP-C,cR,OO,CP,CK3 EG0073 7/i9/9©I0 BOARD OF COUNTY COMMISSIONER S PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Agreement for Relocation of Potable Water Facilities Between Central Weld County Water District and Weld County for the WCR 49 Corridor Expansion Project DEPARTMENT: Public Works DATE: May 25, 2016 PERSON REQUESTING: Elizabeth Relford, Don Dunker, Cameron Parrott, and Clay Kimmi Brief description of the problem/issue: This utility relocation agreement requires Central Weld County Water District (CWCWD) to relocate their potable water lines within the WCR 49 ROW. Since some of the infrastructure tied to their water lines is on private property (meters), Weld County has put into the agreement a reimbursement amount to relocate those items. The actual new water line installation and removal of existing water lines in conflict with the road construction are all on CWCWD. As part of the RFP for the WCR 49 Design/Build Project, Weld County agreed to install conduit sleeves beneath WCR 49 to accommodate future growth for utilities. CWCWD requested several sleeves, but PW staff negotiated this item down to five crossing of WCR 49. These locations are also included as part of this agreement in Exhibit B and were already included in the contract cost for the project. CWCWD has estimated the cost to relocate 34 water meters including some commercial meters at a cost of $287,240.00. This cost has been reviewed by PW staff and seems reasonable. This cost will be reimbursed to CWCWD through the County's design/build contractor, Interstate Highway Construction (IHC), as part of the Utility Relocation Force Account. Recommendation: Public Works recommends approving the agreement as presented. CWCWD intends to begin their utility relocations in June, 2016. Approve Schedule Recommendation Work Session Other/Comments: Mike Freeman,Chair Sean P.Conway,Pro-Tem Barb Kirkmeyer Steve Moreno Julie Cozad 2016-1708 AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES BETWEEN CENTRAL WELD COUNTY WATER DISTRICT, AND WELD COUNTY FOR THE WELD COUNTY ROAD 49 CORRIDOR EXPANSION PROJECT 5Y THIS AGREEMENT, made and entered into this I day of , )Lda'lt 2016, by and between Central Weld County Water District, with Colorado offices at 2235 2nd Avenue, Greeley, CO. 80631, (hereinafter called "CWCWD") 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, 1 150 O Street,Greeley,CO 80632(hereinafter called"County"). CWCWD 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 49 Corridor Expansion Project, (hereinafter the"Project"). B. A project this size takes considerable coordination and partnership and CWCWD 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. CWCWD 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. CWCWD 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. CWCWD RIGHTS and RESPONSIBILITIES 1. CWCWD Facilities Relocation: The Project requires the relocation of approximately 5 miles of CWCWD facilities located within Weld County Right of Way. CWCWD has agreed to relocate a portion of its facilities at its expense and the County has agreed to pay to relocate a portion of CWCWD's facilities and such relocation shall be performed by CWCWD. Exhibit A depicts the CWCWD facilities that CWCWD will pay to relocate as well as the CWCWD facilities that the County will pay to relocate. 1 The facilities shall be relocated within privately owned property or within County right-of-way. All work necessary to accomplish the CWCWD facilities relocation shall be performed in accordance with CWCWD specifications and its standard engineering practices. 2. CWCWD Facilities Relocation Not to Conflict with Improvements: CWCWD and the County acknowledge that the County is building this project as a design-build,and conflicts will need to be addressed and remedied during the design build process. CWCWD agrees to relocate facilities, as depicted on Exhibit A, within County right-of-way and the County agrees to pay to relocate CWCWD facilities,as depicted on Exhibit A, within privately owned property and such relocation shall be performed by CWCWD. The new locations of the relocated CWCWD facilities shall not conflict with the proposed roadway improvements or other utility relocations. County shall verify the new locations of CWCWD facilities prior to relocation and confirm that said locations are not in conflict with the Project. County shall reimburse CWCWD for any costs and expenses due to subsequent changes by the County. County shall reimburse CWCWD for any costs and expenses incurred by CWCWD to repair damages to its facilities caused by the County or other parties during the construction period. 3. CWCWD Responsible for Removal of Existing Facilities: CWCWD 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, CWCWD 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 CWCWD 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 CWCWD. 4. Timing of CWCWD Facilities Relocation: CWCWD shall use reasonable diligence to complete the facilities relocations within a schedule timeframe that does not interfere with the Project schedule. CWCWD 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 labor trouble, inability to secure materials or equipment, or any other cause beyond the reasonable control of CWCWD. 2 5. CWCWD Responsible for Traffic Control: Throughout the relocation process, CWCWD agrees it shall be responsible for coordination of traffic control and CWCWD agrees to provide the County with updated traffic control plans as needed. 6. CWCWD Shall Obtain Right-of-Way Permits: CWCWD 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 Corridor. 7. CWCWD to Stake Easements: Prior to relocation of CWCWD facilities, CWCWD shall establish and stake easements within that portion of the Project work area for which the CWCWD is responsible for relocating. County shall verify the relocation to confirm that said relocation is sufficiently clear of Project construction work. II. COUNTY RIGHTS and RESPONSIBILITIES I. Installation of Conduits/Sleeves for Future Expansion: In accordance with the information provided to the County during the request for proposals phase of the Project, County agrees to install conduits/sleeves beneath the project for the future expansion of CWCWD facilities. These conduits/sleeves shall be installed in locations as shown in Exhibit B. The conduits/sleeves shall be constructed of 24"diameter steel pipe with a minimum %"wall thickness. The ends of these sleeves shall be surveyed, and the location and depth of each end of each conduit/sleeve shall be shown on the as-built project plans. 2. Relocation of Existing Meter Facilities onto Private Property: County shall pay to relocate CWCWD facilities, as depicted on Exhibit A, within privately owned property and such relocation shall be performed by CWCWD. Estimated costs for these relocations are shown in Exhibit C. 3. County's Right to Terminate: The County may terminate this Agreement at any time prior to CWCWD's commencement of relocation construction. In such an event, the County shall pay CWCWD for all expenses which were incurred by CWCWD for engineering and for materials and equipment purchased or ordered and paid for by CWCWD, which cannot be returned for a refund. III. MISCELLANEOUS I. 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 Central 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 3 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 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, CWCWD 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 CWCWD, 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. 4 CENTRAL WELD COUNTY WATER DISTRICT By: 11` 5/25/16 Sta Linker Date Title: District Manager BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTE T: . JC&O;Idi Mike Freeman, Chair JUN 0 1 2016 Weld County Clerk to the Boar;/ IOW tat, to .,;,$ t Deputy Clerk to the Board fir' tag— , %`�IJ I I N APPROVED AS TO FUNDING: ;PPROVED AS T STA CE: Controller Ele I o Head A APPROVED AS TO FORM: +V/� TS �J r Director of General Services County Attorneyedit-ea—L. 5 �,0/lv-170t Exhibit A CWCWD Facilities that CWCWD Will Pay to Relocate and CWCWD Facilities that County Will Pay to Relocate CWCWD will pay to relocate approximately 28,000' of existing water line Weld County will pay to relocate Meter Pit Facilities located at address listed below Tap# Name Address 6 Stark 25311 CR 49 P&A Turkey 45 Farms 24931 CR 49 86 Sandin Farms 26589 CR 49 105 Maxey 26331 CR 49 275 Maxey 26468 CR 49 300 McKee 23392 CR 49 323 M &J Dairy 25018 CR 49 391 M &J Dairy 25018 CR 49 420 Sharp 23777 CR 52 499 Amen 22821 CR 49 543 Thrutchley 21737 CR 49 592 Schmerge 22643 CR 49 602 Weld County 23769 CR 49 674 Dunn 22893 CR 49 690 Bernhardt 23909 CR 52 700 Cobb 23600 CR 49 773 Sava 22757 CR 49 814 Walker 23828 CR 49 993 Kramer 26518 CR 49 1158 M &J Dairy 25018 CR 49 1224 Wojcieszak 22587 CR 49 1287 Hamilton 25469 CR 49 1389 Flaschenriem 24500 CR 49 1426 Bigfoot Turf Farms 22455 CR 49 1522 Maxey 26114 CR 49 1643 Fellini 22630 CR 49 1741 Banowetz 24081 CR 50 1799 Arce/Meza 22744 CR 49 1811 Edmonds 23892 CR 49 1870 Helzer 22208 CR 49 1925 Hamilton 25925 CR 49 1934 Honebein 22438 CR 49 2028 Banowetz 22252 CR 49 3147 Moore 22436 CR 49 6 Exhibit B Conduit/Sleeve Installation Locations 1. Near the intersection with WCR 52 crossing WCR 49 (east/west) 2. Near the intersection with WCR 50 crossing WCR 49 (east/west) 3. Near the intersection with WCR 48 crossing WCR 49 (east/west) 4. Near the intersection with WCR 46 crossing WCR 49 (east/west) 5. Near the intersection with WCR 42 crossing WCR 49 (east/west) 7 Exhibit C Estimated Costs for Meter Facility Relocations Contractor installation of new service lines 1 lump sum $223,320.00 and removal of old meter pits Material costs for new meters & pits 34 @ $1,100 each $ 37,400.00 District labor to install new meters and 34 @$520 each $ 17,680.00 reconnect customer District labor to disconnect and remove 34 @$260 each S 8,840.00 old meters Total Estimate $287,240.00 8 Hello