HomeMy WebLinkAbout20142907.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF DITCH FACILITIES AND
AUTHORIZE CHAIR TO SIGN - PLUMB IRRIGATION COMPANY
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 Ditch
Facilities 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 Plumb
Irrigation Company, commencing upon full execution of signature, 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 Ditch Facilities 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 Plumb Irrigation Company, 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 September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
CC�� n r
ATTEST: �/,,,,A /1l Dougla Rademachee C Rademacher, Chair Weld County Clerk to the Board
EXCUSED
,�. ► �- _� aS Barbara Kirkmeyer, Pro-Tem
B '
e•uty Clerk t• the
.ean P. Conway
APPRO O FOR . D� , � / liat-ina ,r
MikeFre n
ounty Attorney
William F. Garcia
Date of signature: q/a8
2014-2907
EG0070
e C ?lU(Fe,M8)9/30
1861
��►,�i = ��� MEMORANDUM
Y TO: Clerk to the Board DATE: September 18, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Agenda
RE: Weld County Parkway Project (WCR 49)
Agreement for Relocation of Ditch Facilities with Plumb Irrigation Company.
Attached are two original Agreements. Please returned one signed to Public Works.
M\Francie\AGENDA memos\AgendaMIkeBedell-2 docx
2014-2907
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Weld County Parkway—Plumb Ditch Company Consultant Fees (Follow-Up)
DEPARTMENT: PUBLIC WORKS DATE: 8/18/2014
PERSON(S) REQUESTING: Don Dunker(County Engineer), Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
On June 30, 2014 a BOCC work session was held with Public Works staff and representatives from the Plumb
Ditch Company. At the work session, the BOCC approved funding assistance in the amount of$127,812 for
the Plumb Ditch Company associated with relocation of their irrigation water measuring device.
At a subsequent BOCC work session held on August 12, 2014 the Plumb Ditch Company provided an estimate
of the consultant fees associated with the design and construction of this preferred alternative, in the amount of
$95,817. The BOCC directed Public Works staff to analyze these proposed expenses to help determine if the
expenses are reasonable and justifiable.
Public Works staff has completed an analysis and recommendation (see attached). Based on this analysis, staff
felt the proposed reimbursement amount for consultant fees was in the amount of$67,766.
What options exist for the Board:
Option 1: Approve the original consultant fees estimate provided by the Plumb Ditch Company ($95,817), for
a total amount not to exceed $223,629.
Option 2: Approve Public Works review of allowable consultant fees ($67,766), for a total amount not to
exceed $195,578.
Option 3: Approve CCWCD's offer for contributing $25,515 of their estimated $95,817 cost, which leaves
Weld County an additional $70,301 for a total Weld County maximum obligation not to exceed $198,114.
Option 4: Deny the request for additional funding and continue with the existing agreement approving
$127,812 at the June 30`" work session.
Recommendation to the Board:
Public Works will work with the Attorney's office to ensure the Commissioners recommended option is
accounted for accordingly. Reimbursement of legal expenses will not be allowed. If consensus for an option is
not reached, staff will coordinate a work session.
Preferred Approve Schedule
Option# Recommendation Work Session Comments
Douglas Rademacher,Chair — -
Barbara Kirkmeyer
Sean P. Conway __ 11
Mike Freeman -
•
William F. Garcia
Attachments: Plumb Ditch Company Consultant Fees Analysis
•
AGREEMENT FOR RELOCATION OF DITCH FACILITIES
BETWEEN
PLUMB IRRIGATION COMPANY AND WELD COUNTY, COLORADO
FOR WELD COUNTY PARKWAY PROJECT
THIS AGREEMENT is made thisriday ofyhj; 2014, by and between
Plumb Irrigation Company, a Colorado corporation, whose ad ress is 28806 Weld County Road
51, Greeley, Colorado 80631, hereinafter referred to as "Company," and the County of Weld, a
body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred
to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49,
(hereinafter referred to as "Weld County Parkway"), which construction is hereinafter referred to
as "the Project"), and
WHEREAS, Company and County recognize that County has a statutory obligation to
construct and maintain its roads to protect the safety of the travelling public and that Company
also has legal obligations to deliver water from the Highland Ditch, a/k/a the Plumb Ditch, to its
shareholder/members, to deliver water to the Nissen Reservoir pursuant to the Company's
contractual arrangement with Central Colorado Water Conservancy District (hereinafter Central),
and to deliver water to those entities who have carriage agreements with the Company, and
WHEREAS, Company is the owner of a certain ditch right-of-way within which is
located a certain water measuring device, which must be relocated due to County's construction
of the Project, and
WHEREAS, County and Company believe that the relocation of Company's measuring
device is most efficiently and safely accomplished by the construction of a new measuring
device and related ditch facilities, (hereinafter, the "Project"), as described within a bid presented
to Company by Concrete Structures, Inc. (hereinafter "CSI"), (A copy of said bid information is
attached hereto and made a part hereof by this reference as Exhibit A), and
WHEREAS, County and Company believe that it is in the best interests of both parties
that the estimate provided by CSI represents what it will cost to construct the Project, but both
parties acknowledge that the Company has the final authority to select the contractor to complete
the work, and
WHEREAS, The Groundwater Management Subdistrict of the Central Colorado Water
Conservancy District will contribute up to Twenty Five Thousand Five Hundred Fifteen and
no/100 Dollars ($25,515.00) for Plumb Ditch Companies legal expense and prior engineering
costs associated with the relocation of the "Project".
Page 1 of 5
. WHEREAS, County has agreed to reimburse Company's relocation expenses in an
amount not to exceed One Hundred Ninety Eight Thousand One Hundred Fourteen and no/100
Dollars ($198,114).
NOW, THEREFORE, in consideration of the promises and covenants expressed herein,
the parties mutually agree as follows:
I. COMPANY'S RIGHTS AND RESPONSIBILITIES:
I. Construction and Design Drawings: Company acknowledges that County
has had no role in the creation or approval of the design of the Project, and that is relying solely
on the expertise of the engineers and other professionals it has retained for the design and
construction of the Project.
2. Construction of Project on Third Party's Property: As a third party owns
the property upon which the Project is to be constructed, Company agrees to provide County
with evidence of that third party's consent allowing the construction of the Project. Production of
that evidence is required as a condition precedent to County's obligation to pay Project
construction expenses for the Company.
4. Company's Present and Future Rights to Maintain Canal: Company and
its designees (including Central) have, and shall continue to have full power to operate, maintain,
repair, alter, enlarge, relocate, clean and manage the Canal as if this Agreement had not been
made, except to the extent that Weld County's right-of-way for the Weld County Parkway may
be damaged by Company's activities or negligence in conducting said activities.
5. Emergency Repairs: In the event Company or its designees (including
Central) find it necessary to perform emergency repairs to the canal which can reasonably be
expected to impact the Weld County Parkway, Company or its designees agree to provide
advance notice of its activities and to comply with all Federal, State and local statutes, code
provision, rules and/ regulations, if it is possible to give advance notice. If advance notice cannot
be given because of the emergency situation, then the Company or its designees will provide
notice within 24 hours of commencing the repairs.
6. Company to Provide Notice of Work: The work related to the removal of
the existing measuring device should be incorporated into an Exhibit that is provided to the
Company so it has knowledge of the current location of the right-of-way and the location of the
proposed right-of-way so the Company knows when it needs to provide advance notice to the
County when the measuring device is going to be removed. The Company agrees to provide
prior notice and submit plans and specifications to the County and obtain the County's approval
of the work to be performed in its right-of-way. Such approval shall not be unreasonably
withheld or delayed.
7. Company Solely Responsible for Repair and Maintenance of Project after
Construction: All post-construction repairs, replacements or maintenance of the Project shall
be the sole responsibility of Company. County shall have no financial responsibility for any costs
related to such activities, except the County shall be responsible for the box culvert and its
extension and any other facilities of the Company that are in the new right-of-way.
Page 2 of 5
II. COUNTY'S RESPONSIBILITIES
1. County's Obligations to Pay Project Construction Expenses: County shall
be obligated to pay reimburse Company for those relocation expenses described in Exhibit A,
under "Alt I", up to a maximum of One Hundred Twenty-Seven Thousand Eight Hundred
Twelve and no/100 Dollars, ($127,812.00) and an additional Seventy Thousand Three Hundred
Two and no/100 Dollars ($70,302) for consultant fees associated with the design and
construction of the project, for a total reimbursement of not more than One Hundred Ninety
Eight Thousand One Hundred Fourteen and no/100 Dollars ($198,114). No portion of the total
reimbursement may be applied to any attorney's fees or costs associated with this Agreement.
2. Conditions Precedent to County's Obligations to Pay Expenses: County
shall be obligated to reimburse Company for its payment of the relocation expenses described in
the preceding paragraph only following Company's fulfillment of its obligations under
Paragraph I.2 above, and only following Company's submittal to County of proof of its payment
of said expenses which shall consist of a copy of an invoice from CSI representing one or more
of those activities described in Exhibit A and proof of Company's payment thereof.
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.
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. This Agreement may be assigned by County to another governmental entity who by
annexation or other governmental action assumes jurisdiction over the Project, without the
written consent of Company. Company agrees to notify County of its intent to assign this
Agreement in order that it may take such formal action for ratification as may be required by its
Board of County Commissioners.
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. Fund Availability: County has budgeted the funds required to perform its
obligations under the terms of this agreement, and assumes that all expenses it is required to pay
will be expended within the current calendar year unless otherwise stated. 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
Page 3 of 5
available. By execution of this Agreement, County does not warrant that funds will be available
to fund this Agreement beyond the next fiscal year(end of 2015).
5. Time of the Essence: Time is of the essence in each and all of the provisions
of this Agreement.
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. Choice of Law: Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules and/or regulations shall be null and void.
8. Attorneys Fees/Legal Costs: In the event of a dispute between County and
Company, 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.
9. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, by either party, 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.
10. Entire Agreement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this Agreement.
This instrument supersedes all prior negotiation, representation, and understanding or agreements
with respect to the subject matter contained in this Agreement. This Agreement may be changed
or supplemented only by a written instrument executed by both parties.
11. Compliance with Laws: The parties agree that each shall comply with all
applicable federal state and local laws. Ordinances and rules in connection with the construction
and/or maintenance of the Project, that each shall obtain such permits and/or approvals required
by applicable governmental entities in connection with the construction and/or maintenance of
the Project and shall take such affirmative and/or remedial actions required by such entities.
12. Interruptions: Neither party to this Agreement shall be liable to the other
for delays in performance or a failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control, including but
not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
13. Notices: Any notice required or permitted hereunder shall be deemed
effective when transmitted by facsimile to the numbers provided below or when deposited in the
Page 4 of 5
United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the
party to whom notice is to be given, as follows:
Notice to County:
Weld County Public Works Weld County Public Works
Attn: Don Dunker, P.E. Attn: Mike Bedell, P.E.
Email: ddunker(i4co.weld.co.us Email: mbedell(a)co.weld.co.us
Fax No: 970-304-6497 Fax No. 970-304-6497
P.O. Box 758 P.O. Box 758
1111 H Street 1111 H Street
Greeley, CO 80632 Greeley, CO 80632
Notice to Plumb Irrigation Company:
Name: Ron Baker, President
Email: rmbaker@whatwire.com
Fax No:
Address: 28806 Weld County Road 51
Address: Greeley, Colorado 80631
*In the event that County or Company designate another individual(s) to receive notice, or
change the address or facsimile number listed above, the other party shall be notified in writing
of the new information. The failure to provide new or corrected information shall release the
other party of all responsibility for any losses suffered by the party failing to provide the new
information.*
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.
PLUMB IRRIGATION COMPANY
Arn Z7604—
Ron Baker, President
ATTEST: Date: Q 9/0 4//02 0/1/
Marsha Baker, Secretary
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ol�ugla Rademach r, Chair
Date: 5f ' 2 2
Weld County Clerk to the Board Ste
BY: . 1.�! IIl1 I jl
Deputy lerk to the Board
t �ittit;
Page 5 of 5
t♦►ri�� O114-",2q4O-7
• • EXHIBIT
A
Concrete Structures, Inc,
4325 Hilltop Road
Longmont, Colorado 80504
Phone (970) 535-0202 • Metro (303) 440-0634
June 18,2014 FAX (970) 535-4382
ccwcD
Attention:Rod
Plumb Ditch
We are pleased to provide the following price quote for the above referenced project:
Item Approximate Unit of Total
Number Item Description Quantity Measure Unit Price Price
Alt, 1
1 Removal of existing structure.Export
not included. 1.00 LS $4,820.00 $4,620.00
2a 3'Parshall Flume Excavation and
Backfill.3'of Rock (3/4",washed).
Price includes up to 200 yards,if
more is needed it is$10.00 per yard. 1.00 EA $18,791.00 $18,791.00
2b 3'Pershall Flume Cast In Place.Price
includes Stilling Well,Walkway
Grating,and Water Stop.Price
excludes recording device. 1.00 EA $23,173.00 $23,173.00
3a Control Gate Structure Excavation
end 8ackfill.3'of Rock (3/4",
washed).Price includes up to 200
yards,if more is needed It Is$10.00
per yard.Price also includes 4'deep
by pass ditch to river. 1.00 EA $24,879.00 $24,679.0.0
3b Control Gate Structure Cast in Place.
Price Includes Walkway Grating,
Gates,and Water Stop.Price
excludes recording device. 1.00 EA $47,996.00 $47,998.00
4 Dewatering 1.00 LS $8,553.00 $8,553.00
Structure Fill is called out under structures.Washed
rock le price due to the concern of water and
compaction. Alt 1 TOTAL QUOTE $127,812.00
Alt.2
1 Removal of existing structure.Export
not Included. 1.00 LS $4.620.00 $4,620.00
2a
Long Throated Flume Excavation and
•
8ackfill.3'of Rock (3/4",washed).
Price includes up to 200 yards,if
more Is needed it is$10.00 per yard. 1.00 LS $21,703.00 $21,703.00
2b
Long Throated Flume Cast In Place.
Price includes Stilling Well,Walkway
Grating,and Gates.Price excludes
recording device and Water Stop was
not shown on the plans. 1,00 LS $60,985.00 _ $80,965.00
3 Dewatering 1.00 LS $8,553.00 $8,553.00
Structure Fill is called out under structures.Washed
rock is price due to the concern of water and
compaction, Alt 2 TOTAL QUOTE $95,841.00
Alt.3
3'Parshall Flume Excavation and
Backflll.3'of Rock (3/4",washed).
Price Includes rock under structure
but does not Include any import or
export. 2.00 EA $14,582.00 $29,164.00
2b 3'Parshall Flume Cast In Place.Price
Includes Stilling Well,Walkway
Grating,and Water Stop.Price
excludes recording device. 2.00 EA $23,173.00 $46,346.00
3 Dewatering 1.00 LS $4,107.00 $4,107.00
Structure Fill Is called out under structures.Washed
rock is price due to the concern of water and
compaction, Alt 2 TOTAL QUOTE $70,617.00
NOTES:
Price Is good for 60 days due to the Increasing cost of material.If 80 days pass without notice we would like to re-price.
Unless otherwise noted,All Items INCLUDE: Concrete,Forms,Reinforcing Steel
and Labor to place Items per engineer approved contract plans and specifications.
Unless otherwise noted,All Items EXCLUDE:
Rock or Frost Excavation,Surveying,Staking,Material Testing,Compaction Testing,Traffic Control,
Wall Finishes,Waterproofing,Taxes,Permits,Fees,Bond and ALL subsequent items not specifically
outlined above.
If Bond Is required,please add 1.5%
Access by County per Plan.
Thank you for considering Concrete Structures, Inc.for this project. If you have any questions,comments or
concerns please call me direct at(970)535-0202
Respectfully,
BRIAN SCHELL, ESTIMATOR
CONCRETE STRUCTURES,INC.
Hello