HomeMy WebLinkAbout20143544.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES
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, 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
Central Weld County Water District, 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 Potable Water 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 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 12th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT COLORADO
ATTEST: L $L jai
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EL i6 glas emac er C air
Weld County Clerk to Boar•? hJ
• •ara Kirkmeyer, P -Tem
�e Z ty Clerk the Bo
�®` �i"ean R Conway
•
APP FORM: Mi a Freeman
unty Attorney •
a . Garcia
Date of signature: •
cc.:-?W�„suaiv,s, (YI. it) 20143544
ii/29/1`1 EG0070
r��r MEMORANDUM
_GO JNTY
TO: Clerk to the Board DATE: November 6, 2014
FROM: Mike Bedell, P.E., Public Works Department
SUBJECT: BOCC Consent Agenda
RE: Bridge 42/29A Replacement
Agreement for Relocation of Potable Water Facilities with Central Weld County Water District
for Realignment of WCR 42 and WCR 29.
Attached are two duplicate original agreements.
M'.\prancie\AGENDA memos\AgendaMikeBedell-2.docx
i Aw(711)
//-45-/y 2014-3544
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Bridge 42/29A Replacement—CWCWD Relocation and Easement Agreements
DEPARTMENT: PUBLIC WORKS DATE: 10/23/2014
PERSON(S) REQUESTING: Don Dunker(County Engineer) and Michael Bedell (Senior Engineer)
Brief description of the problem/issue:
The Bridge 42/29A Replacement and intersection realignment is planned for construction this winter. Part of
the work entails Central Weld County Water District (CWCWD) relocating portions of their potable waterline.
CWCWD will be using their own funds to complete this work since their facilities are located within County
right-of-way.
To protect both parties (Weld County and CWCWD) interests, a formal Relocation Agreement has been
developed by the County Attorney Office. In addition, the County has agreed to grant CWCWD a utility
easement across a portion of property which was acquired for the project and will eventually become property
owned by the Farmers Independent Ditch Company (FIDCO). This easement document will give CWCWD the
legal rights to have their new potable water line placed across land which will be owned by FIDCO after the
project is completed.
What options exist for the Board:
The Board can choose to approve the attached CWCWD Relocation Agreement and Easement Agreement, or
choose to amend or reject the proposed Agreements.
Recommendation to the Board:
Public Works recommends approval of the CWCWD Agreements. If recommended, Public Works will try to
get this item put on the next available BOCC meeting agenda.
Approve Schedule
Re mendation Work Session Comments
Douglas Rademacher, Chair
Barbara Kirkmeyer
Sean P. Conway //✓"Mike Freeman
William F. Garcia tut,
Attachments: CWCWD Relocation Agreement
CWCWD Easement Agreement
AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES BETWEEN
CENTRAL WELD COUNTY WATER DISTRICT AND WELD COUNTY, COLORADO
REALIGNMENT OF WCR 42 AND WCR 29
THIS AGREEMENT, made by and entered into effective on the 1s` day of October,
2014, by and between CENTRAL WELD COUNTY WATER DISTRICT, a statutory special
district and quasi-municipal corporation formed under the laws of the State of Colorado, located
at 2235 2nd Avenue, Greeley, Colorado 80631, (hereinafter "CWCWD") and WELD COUNTY,
COLORADO, 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"County").
WITNESSETH:
WHEREAS, for the safety of the travelling public, County has initiated a road
improvements project at the intersection of Weld County Road 42 and Weld County Road 29,
(hereinafter known as "Project") and
WHEREAS, the completion of the Project requires that CWCWD relocate certain
underground water pipelines, and associated appurtenances, (hereinafter referred to as the
"Facilities"),and
WHEREAS, County has agreed to transfer an easement, (hereinafter referred to as the
"Easement"), to CWCWD to accommodate the relocation of its Facilities, as described and
identified in the design drawings and in the legal descriptions, (copies of which are attached
hereto and made a part hereof as "Exhibit A" and Exhibit B"), and
WHEREAS, in exchange for County's transfer of the Easement for relocation of the
Facilities, CWCWD is willing to assist in the Project and to relocate the Facilities at its sole cost,
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. CWCWD RESPONSIBILITIES
1. CWCWD Facilities Relocation: CWCWD shall remove and relocate that its
facilities as illustrated and described on pages 1-4 of Exhibit A. All work necessary to
accomplish the relocation of the Facilities shall be performed by CWCWD in accordance with its
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. Cooperation with Farmers Independent Ditch Company: CWCWD
acknowledges that a portion of a ditch owned by Farmer's Independent Ditch
Company,(hereinafter referred to as "FIDCO"), will also be relocated in order to facilitate the
construction of the Project, and is further aware that a portion of the relocated Facilities will be
constructed beneath the relocated ditch owned by FIDCO. As a result of the close proximity of
FIDCO's ditch and the Facilities, CWCWD agrees to cooperate with FIDCO in the installation
and maintenance of the Facilities. CWCWD acknowledges and agrees that the design of the
1
Facilities and its location, including the depth and design features of the water pipeline and two
steel casings, is appropriate under the circumstances. To wit, the Facilities will be installed five
feet below the bottom of FIDCO's new concrete ditch, and will consist of a sixteen inch diameter
ductile iron pipe water main, which will be placed within a thirty inch diameter by sixty foot
long steel casing pipe. Additionally a second, ("spare") casing pipe will be installed ten feet from
and parallel to the first thirty inch casing, to allow CWCWD to repair a leak without interruption
of the flow of water through FIDCO's ditch.
3. Ongoing Obligations to FIDCO: Grantee agrees that it will at all times maintain
the Facilities and repair all breaks, leaks and damages therein and thereto at its own expense.
4. Compliance with Design Specifications: CWCWD agrees to complete the
relocation of the Facilities in accordance with the design specifications set forth above and on
Exhibit A and agrees to avoid interference with County's road and right-of-way facilities and
FIDCO's ditch facilities.
5. Timing of Facilities Relocation: CWCWD, (or the contractor engaged to
perform the relocation of the CWCWD Facilities), shall relocate the Facilities on or before
December 31, 2014, unless otherwise agreed to in writing by the parties.
6. Estimates of Relocation Expenses: CWCWD is responsible for the payment of
all expenses incurred by CWCWD in the relocation of the Facilities as shown in Exhibit A and
B.
II. COUNTY RESPONSIBILITIES
1. Transfer of Easement for Relocated Facilities:County shall transfer the
Easement to CWCWD, at no cost to CWCWD, immediately following the execution of this
Agreement. The parties agree that the Easement is sufficient for CWCWD's installation and
maintenance of the Facilities described in Exhibits A and B. A copy of the Easement Deed is
attached hereto and made a part hereof as "Exhibit C".
III. MISCELLANEOUS
1. Approval by Board of County Commissioners of Weld County: 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
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
2
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 CWCWD
Facilities will be completed on or before the end of the County's 2014 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. Attorneys 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.
CENTRAL WELD COUNTY WATER DISTRICT
By: r /0 Ath/ D/2/
James . Miller, istrict Pres' en Date
3
ATTEST: C/ G S BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Boar y�\~ ' iL 4 WELD COUNTY,COLORADO
BY: • �1r •� '
deputy CI,f to the Boar. �i`.ugl. Rademacher, Chair NOV 1 2 2014
APP)R0VED AS TO F NDIN �♦j 1 .1' l. APPR0VED AS T• lB A NCE:
PL/1 ►� _.. � � _
Controller Elect-. • 'is .r Department Head
AP 0RM: /A
Director Director of General Services
my Attorney
4
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WELD COUNTY PUBLIC WORKS DEPT.
FINAL CONSTRUCTION PLANS FOR
WCR 42/29A
STRUCTURE REPLACEMENT OVER FARMER'S INDEPENDENT DITCH
AND ROAD PROJECT
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