HomeMy WebLinkAbout20160594.tiff RESOLUTION
RE: APPROVE RELOCATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PUBLIC
SERVICE COMPANY OF COLORADO
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 a Relocation Agreement 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 Public Service Company of
Colorado, commencing upon full execution of signatures, and ending with 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 Relocation Agreement 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 Public Service Company of Colorado, 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 10th day of February, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD
COUNTY, COLORADO
ATTEST: diedigiv C�C � . it
Mike Freeman, Chair
Weld County Clerk to the Board
- / Sean P. Conway, Pr -Tern
BY: "1 . , 1. n l / ■ .L . ! ;�...
D,„} ty Clerk tot e Board EL'`�.�' �!
1� f� = •.ra Kirkmey r
A. . .O D AS - : 1861 ( 7:�\%t". I 4410
:;i.► A. ozad
o•� orney "'1 �► , - IL.,
♦ s� Steve Moreno
Date of signature: 7—
2016-0594
C�.�W�„lFC)3/3 EG0073
4/05 File With Document#:67596/67590
Investigation#:2015-323 Agent:Crystal Sanchez
RELOCATION/9 AGREEM�ENT
This agreement is made and entered into this day of`s �4/ ,2016, by and between 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 "Weld County"), and Public Service Company of Colorado, a Colorado corporation, (hereinafter
referred to as "PSCo"), and concerns the relocation and/or modification of Ft. Lupton to Pawnee Plant
230kV electric transmission line, as found in PSCo's easements located within Section 7, Township 2
North, Range 64 West, and Section 12, Township 2 North, Range 65 West, of the 6th P.M., Weld County,
State of Colorado.
STATEMENT OF WORK
In order to accommodate the widening of Weld County Road 49, at the sole expense of Weld County,
PSCo shall furnish or cause to be furnished all equipment, labor, and materials necessary to relocate and
replace and relocate 1 electric transmission H-frame structure (89), approximately 110 feet east of its
current position, and add 1 H-frame structure (88A) inline and 600 feet east of existing structure 88, as
depicted on Exhibit A attached hereto and incorporated herein. This work is referred to as the"Project."
COMPENSATION
Weld County shall compensate PSCo for all costs of the Project, including, but not limited to, the cost of
engineering the Project, the cost of labor, materials, and any other losses which may be suffered by
PSCo to the extent that those losses are a direct or proximate result of the work specified herein, and not
the result of PSCo's negligence. Weld County shall cooperate with PSCo to avoid any loss of revenue to
PSCo. The estimated cost of the Project is $107,000.00, as more fully set forth on Exhibit B, attached
hereto and incorporated herein. The estimated cost of $107,000.00 is due upon execution of this
agreement, and shall be paid to PSCo before commencement of the Project. Necessary changes in the
scope of the Project will result in a difference between the estimate and the actual cost of the Project
which shall be paid as set forth below
PSCo shall account for costs, using PSCo's method of charging costs of jobs as approved by the
Colorado Public Utilities Commission (PUC). Upon completion of the work, PSCo shall provide a
"Statement of Charges" to Weld County, which will contain an itemization of all actual costs charged to
the Project. If the total cost of the construction is less than the estimated amount for the Project, the
balance shall be returned to Weld County on or before one hundred twenty (120) days following
completion of the work.
If the total cost of the construction exceeds the estimated amount for the Project, Weld County agrees to
compensate PSCo for the excess amount. Full payment by Weld County for the Project shall be made
within thirty (30) working days upon receipt of the"Statement of Charges."
In the event Weld County abandons its plan for the Project, for any reason whatsoever, this agreement
shall terminate. Upon termination, Weld County shall reimburse PSCo for any and all expenses incurred
by PSCo pursuant to this agreement, including site cleanup and any necessary restoration of PSCo's
facilities and right-of-way. PSCo shall provide a "Statement of Charges" to Weld County, which will
contain an itemization of all actual costs incurred due to the termination. The same provisions above shall
apply if the total cost is less than or exceeds the estimated amount for the Project.
2016-0594
PERFORMANCE OF WORK
In consideration of the compensation referred to above, PSCo and Weld County mutually agree to the
following: PSCo shall complete the Project in a safe, efficient, and economical manner as conditions
permit, giving due regard to soil and weather conditions, and other matters affecting the construction
which are beyond the reasonable control of PSCo. PSCo shall complete the Project on or before May 31,
2016.
PSCo and Weld County shall coordinate their work in order to avoid conflict with any other contractors
who may be working in the immediate area. Weld County agrees that no construction will interfere with or
detour the progress of the Project.
Weld County shall obtain such permission and permits as may be necessary to accomplish the Project.
Weld County agrees and understands that PSCo has constructed electric transmission, distribution, or
related facilities within its private easement and Weld County has been fully advised by PSCo that such
electric facilities may now transmit and may continue to transmit electric current at significant voltages,
and that the conductors on electric lines may not be insulated. During construction, Weld County shall
advise all of its employees, agents, contractors, and other persons who enter upon the PSCo's private
easement pursuant to the provisions of this agreement, of the existence and nature of such electric
facilities and the potential danger and risk involved.
As used in this agreement, the term "Claims" means (1) losses, liabilities, and expenses of any sort,
including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to,
investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and
(4) any and all other costs or expenses.
As used in this agreement, the term "Injury" means (1) death, personal injury, or property damage; (2)
loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any
consequential or other damages.
To the extent permitted by law, Weld County covenants and agrees to at all times protect, indemnify, hold
harmless, and defend PSCo, its directors, officers, agents, employees, successors, assigns, parents,
subsidiaries, and affiliates from and against any and all Claims the County, its contractors, subcontractors
or its or their employees arising from, alleged to arise from, or related to any Injury allegedly or actually
incurred during the Project, imposed as a result of, arising from, or related to Weld County's presence at
the PSCo private easement areas as a result of or related to this agreement.
Weld County's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all
Claims and Injury, including, but not limited to:
Claims asserted by any person or entity, including, but not limited to, employees of Weld County
or its contractors, subcontractors, or their employees;
Claims arising or alleged to be arising in any way out of the existence at or near the
Easement Area due to this agreement; or
Claims arising from, or alleged to be arising in any way from, the acts or omissions of Weld County, its
sublessees, invitees, agents, or employees.
By agreeing to indemnification hereunder, Weld County does not waive any provisions of the Colorado
Governmental Immunity Act.
This agreement may be executed in two original counterparts, each of which shall be deemed an original
of this instrument.
2 of 4
This agreement shall inure to the benefit of and be binding upon the successors and assigns of the
parties hereto as allowed herein.
IN WITNESS WHEREOF, this instrument has been executed the day and year first above written.
PUBLIC SERVICE COMPANY OF COLORADO
By: '�V�C� j0��fi l'
Michael E. Diehl
Manager, Siting and Land Rights
Xcel Energy Services, Inc.
As authorized Agent for Public
Agreed to and accepted by Weld County this / day of 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO n-rrMike Freeman , Chair FEB 1 0 2016
ATT€yYT $64) ,w/ `/
Weld C uryy lerk to the�B(Laard St, ,, dI`
le
Deputy Clerk to eBoard r � i�` �
P.O. Box 758 ``
Greeley, CO. 80632 ' r •
970-304-6496
3of4 (70/4 - 059,76)
RE: RELOCATION AGREEMENT PUBLIC SERVICE COMPANY OF COLORADO
APPROVED AS T SUBSTANCE:
e icial or Department Head
Director of General Services
APPROVED AS TO FUNDING:
Controller ('
APPROV D AS TO FORM:
County Attorney
E-XHIBITA
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EXHIBIT B
Weld County
5463 Pawnee-Ft. Lupton 230kV Transmission Line
Relocate structures 88A and 89 for WCR 49 widening
Revised 1/29/16
Resource Category Estimate
Siting and Land Rights Support $2,000.00
(Includes labor overheads)
Engineering & Construction Labor $57,500.00
(includes labor overheads)
Materials $24,500.00
Equipment/Transportation $12,500.00
Consultants and Contractors $100.00
Construction Overheads $10,400.00
Total Project Estimate $107,000.00
Assumptions:
Project funded 100% by Weld County.
Estimated time to site, design, procure and construct is 6 months,
Lead times for materials are included in estimated time.
Scoping level estimate with an accuracy of+/- 30%, 2016 dollars.
Current labor rates, overheads, escalation and contingency applied.
AFUDC is not included.
All required transmission line outages obtained as needed.
Xcel crews to do the transmission line work.
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