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Home My WebLink About20143440.tiff RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING RIGHT-OF-WAY USE PERMITS, RW14-00125, RW14-00152, AND RW14-00169, TO PLACE A WATER PIPELINE WITHIN THE COUNTY ROAD 55 RIGHT-OF-WAY - COLORADO WATER PIPELINES, LLC 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, pursuant to Resolution #2014-0717, dated March 10, 2014, the Department of Public Works issued Right-of-Way Use Permit, RW14-00125, on March 26, 2014, to Colorado Water Pipelines, LLC, to place an 18" water pipeline within the County Road 55 right-of-way, and WHEREAS, following approval, the Department of Public Works received numerous complaints from area citizens which were investigated by staff, and WHEREAS, on May 19, 2014, a Public Hearing was held before the Board, and after hearing testimony from the Department of Public Works, members of the public and the permit holder, the Board determined there was not sufficient probable cause that Colorado Water Pipelines, LLC, was out of compliance with certain provisions contained in Right-of-Way Use Permit, RW14-00125, and WHEREAS, since that time staff from the Department of Public Works has received numerous additional complaints from area citizens regarding possible violations of various Right-of-Way Use Permits, which were investigated by staff, and WHEREAS, on the 27th day of October, 2014, a Hearing was held before the Board to determine whether or not there is sufficient probable cause that Colorado Water Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with certain provisions contained in Right-of-Way Use Permits, RW14-00125, RW14-00152, and RW14-00169, at which time the Board deemed it advisable to continue the matter to November 3, 2014, to allow the applicant one additional week to remedy the violations and continue working, and WHEREAS, on November 3, 2014, after hearing testimony from the Department of Public Works, members of the public and the permit holder, the Board finds that pursuant to the procedure as set forth in Chapter 2, Administration, the Weld County Code there is not sufficient probable cause to schedule a Show Cause Hearing. 2014-3440 Oer� aa/20EO0070 CC: W, v�fo DISMISS PROBABLE CAUSE - COLORADO WATER PIPELINES, LLC (RW14-00125, RW14- 00152, AND RW14-00169) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause Hearing be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of November, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:C.l C_e I. XCUSED G r E Lay,glas Rademacher, Chair Weld County Clerk to the Boar; 1861 ot.. ., ,• iuty v-cr /— (' ;; , ;ara Kirkmeyer, ro-Tem Dep Clerk to the :oard -Sean P. Conwayr R E FORM: Mike Freeman ounty Attorney William F. Garcia Date of signature: /1//7 2014-3440 EG0070 'x '86'- do, MEMORANDUM fir - TO: Jay McDonald, Public Works DATE: October 22, 2014 FROM: Janet Lundquist, Public Works SUBJECT: ROW Permit Pioneer Waterline- Colorado Pipelines Colorado Water Pipelines LLC was issued a right-of-way use permit on March 26, 2014 based upon the passage of Resolution 2014-0717 on March 17, 2014. Subsequently, to the approval of the right-of-way use permit, Public Works has received numerous complaints from area citizens. Each complaint was investigated by Public Works staff. On May 19, 2014 a probable cause hearing was held for the permit. At that hearing the BOCC issued concerns about the project encroaching on private property owners without prior agreements and advise the applicant to work with the surrounding property owners. On October 15, 2014 Public Works Staff met with the Commissioners to determine whether staff should pursue an additional probable cause hearing. The Commissioners directed staff to set a probable cause hearing for October 27, 2014. The Commissioners also allowed the applicant to complete the following items prior to the hearing: -Complete the installation and backfilling of a water valve on CR 55 -Backfill and compact a trench on CR 14 for approximately 100 feet up to the canal and add road base The applicant began work on water valve on Thursday, October 16th 2014. When the water line was charged the valve leaked filling the pit with water. The pit had to be drained to make repairs to the valve and to charge the line again. The valve leaked twice during the testing. On Tuesday, October 21st, 2014 the valve passed the pressure test and will be backfilled on Thursday October 23rd, 2014. The applicant has backfilled the open trench which was approximately 100 feet to the canal. The road base will be added once direction is given by the Commissioners at the probable cause hearing. On Thursday, October 16th, 2014 county staff was re-sent an email from September 19`", 2014 identifying a new contractor for permits RW14-00125 and RW14-00169. The email chain is attached. However, the applicant did not receive the revised Right-of-Way Permits to be kept on the project site as required per the permit. The applicant also failed to notify staff 24 hours prior to starting work so that staff could inspect the traffic control and the work being performed. In accordance with Weld County Code Section 12-4-130, the permit can be revoked based upon the violation. Although, the applicant was responsive once the applicant was notified of the errors. The code language is listed below: Sec. 12-4-130. Permit Suspension or Revocation. The Department of Public Works may deny, revoke, or suspend any Right-of-Way Use Permit in order to protect the public health, safety, welfare, and safe function of County roadways. Permit Holders hold Right-of- Way Use Permits as a privilege. Weld County reserves its right to revoke any Right-of-Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the applicant, or whenever the Permit may have been issued in violation of any provisions of this Article. 2014-3440 If the Department of Public Works determines that the Permit Holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the Permit, the Department shall notify the Permit Holder of their suspension by either a phone call or a written demand, and the Permit Holder must then remedy the violation. The demand shall state that continued violations may be cause for revocation of the Permit. Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit. Within twenty-four(24) hours of receiving notification of the suspension, the Permit Holder shall contact the Department of Public Works with a plan of correction which must be accepted by the Department. The Permit Holder's failure to contact the Department, failure to submit an acceptable plan, or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the Permit and termination of work. Upon revocation of the permit the Permit Holder will be required to re-apply for a new permit and will be charged for any additional fees that may be applicable. Notice Pursuant to the laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, at the time specified below. If a court reporter is desired for either hearing, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at(970)336-7215, Ext.4226, prior to the day of the hearing. The complete case file may be examined by calling the Department of Public Works at(970) 304-6496, Ext. 3764, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Persons unable to attend the hearing may provide written testimony to the Board of County Commissioners by regular mail delivered to P.O. Box 758, 1150 O Street, Greeley, CO 80632 or by e-mail. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the hearing, please send a copy to ajoseph@co.weld.co.us or egesick@co.weld.co.us. DATE: Monday, October 27, 2014 TIME: 9:00 a.m. PERMITTEE: Colorado Water Pipelines LLC 9033 E Easter PI Centennial CO 80112 ISSUE: To determine if probable cause exists to revoke Right-of-Way Use Permit Numbers RW14-00125, RW14-00152, and RW14-00169, issued to Colorado Water Pipelines, LLC, for the installation of an 18" water pipeline in the West and East ROW of CR 55 and crossing under CR 16, 18, 20, and under CR 55 in 4 locations; installation of a temporary 18" water pipeline along the N and S ROW of CR 14; with all road crossings being permanent bore crossings; and Installation of an 18" water pipeline within the S ROW of CR 14, because of the following violations: 1. Lack of notice to Weld County of new contractor's name and contact information, as required by said Permits and lack of required 24-hours notice to Weld County Public Works prior to working or occupying the right-of-way. 2. Lack of 24 hours advance notice, and the seeking of permission from, adjacent property owners prior to entering properties (permission necessary only if such permission was not otherwise granted in permanent or temporary easements), as required by the Board's resolution dated March 10, 2014. 3. Lack of the submittal of signed temporary easement agreements, as required by the Board's resolution dated March 10, 2014,for properties on which material was placed. Members of the public will be invited to present testimony regarding the issue. If the Board of County Commissioners determines such probable cause to revoke said Permits exists, it will then set the matter for a Show Case Hearing to hear further evidence on the issue. Public notice of such a Show Cause Hearing would then be issued. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 16, 2014 Esther Gesick From: Bruce Barker Sent: Monday, October 20, 2014 8:30 AM To: Janet Lundquist; Esther Gesick Subject: RE: Questions regarding Work Session on 10/15/2014 Esther: Please include this in the record for the October 27"' hearing. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000,ext.4390 Fax: (970) 352-0242 • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Janet Lundquist Sent: Monday, October 20, 2014 8:28 AM To: Bruce Barker; Esther Gesick Subject: FW: Questions regarding Work Session on 10/15/2014 FYI, I am not sure if you want to include this in the correspondence or not. I leave it up to your discretion. Janet Lundquist Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax-970.304.6497 t i r L!! r r' c�JN�_Y _ r n Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Amy Joseph Sent: Monday, October 20, 2014 8:07 AM To: anna.mercurio@tamarackconsultinglIc.com Cc: Tim McCarthy; Janet Lundquist Subject: RE: Questions regarding Work Session on 10/15/2014 Hi Anna, Task#1 is correct and included the valve repair that has recently become an issue. Task#2 need to be clarified. There is not 1,600 feet of open trench to be backfilled. The 1,600 feet includes part of the pipeline that still need to be buried. The commissioners were in allowance of backfilling open trenches only. No new installation may occur at this time. After talking with the contractor all of the back filling has been done; they will need to check compaction and bring in some road base. Thank you, Amy Joseph Engineering Tech III Permitting/Inspection Weld County Public Works (970) 304-6496 ext. 3764 (970) 381-3779 (cell) 1joscph;c.r,co.WCId.co.us ,o8,61 ._1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: anna.mercurioCatamarackconsultingllc.com [mailto:anna.mercurio(atamarackconsultingllc.com] Sent: Thursday, October 16, 2014 1:30 PM To: Amy Joseph Cc Tim McCarthy Subject: Questions regarding Work Session on 10/15/2014 Hi Amy, It was nice to meet you yesterday. I wanted to confirm a couple of things before we move forward with any work. At the work session yesterday, I believe the Commissioners determined that the following two items could and should be completed by Colorado Water Pipelines LLC as soon as possible to avoid issues or delays due to bad weather. In other words, we want to make sure the County has given us permission to complete the following tasks: 1. An open valve needs to be buried — backfilled from County Road and secure the valve on County Road 55; and 2. Backfill and compact a trench on County Road 14 for approximately 1,600 feet up to the canal and put road base on to secure the road. 2 Is this correct? Do you have any changes you'd like to make? Please let me know by responding to this e-mail (we are attempting make sure we understand everything with 100% clarity going forward). Thank you, Anna Mercurio Tamarack Consulting, LLC 5366 W. 25th Ave. Edgewater, CO 80214 P 303.233.3265 x714 Anna.Mercurio@TamarackConsultingLLC.com GIS Mapping I Engineering/Land Surveying I Construction Management I Spatial Data Collection I Special Districts 3 • ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/19/2014 PRODUCER Pinnacol vice THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Loowrywry 7 Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Denver,CO 80230-7006 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Pinnacol Assurance 41190 BSS Company LLC INSURER e: 7111 W Pineview Dr INSURER B: Littleton,CO 80125 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATEIMMIDOIYWY) DATE(MMIDDl1'1'W) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS MADE E OCCUR PREMISES MED EXPIAny one person) PERSONAL&ADV INJURY GENT AGGREGATE LIMIT APPLIERS PER: GENERAL AGGREGATE —I POLICY n PROJECT—ILOC PRODUCTS.COMP/OP AGG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (ES Accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per acckm) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE OCCUR E CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION E WORKERS COMPENSATOR AND X WC STATU- OTHER A EMPLOYER'S LIABILITY TORY LIMITS ANY PROPRIETORIPARTNERIEXECUTIVE 4161088 01/01/2014 01/01/2015 E.L EACH ACCIDENT $100,000 OFFICERJMEMBER EXCLUDED? E.L DISEASE EA EMPLOYEE $100,000 It yes.please describe under SPECIAL PROVISIONS below Et DISEASE-POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1558181 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE WELD COUNTY,COLORADO THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO 1111 H STREET MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 758 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR GREELEY,CO 80632 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE My Dung Coo ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 CERTIFICATE HOLDER COPY WELD COUNTY, COLORADO 1111 H STREET P.O. BOX 758 GREELEY, CO 80632 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. From: Bruce Barker To: Amy Joseph; Janet Wndauist Subject: FW:Colorado Water Pipelines Date: Friday,October 17,2014 10:58:39 AM Attachments: polio/Endorsement odf Weld Countv.odf Bill Jerke sent me this on behalf of Colorado Water Pipelines. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: billjerke@aol.com [mailto:billjerke@aol.com] Sent: Thursday, October 16, 2014 3:18 PM To: Bruce Barker; billjerke@aol.com Subject: Fwd: Colorado Water Pipelines Hi Bruce, I've forwarded an email from Joel Farkas that seems to point to Colorado Pipelines informing public works back on September 19th of their intent to start their next phase of work and provided proof of insurance, attached. Other than a misplaced pile of dirt, I'm not altogether sure what the County concerns would be at this point? Thanks, Bill 970-371-2532 Original Message From:joelhfarkas <joelhfarkas@gmail corn> To: Bill Jerke <billierke@aol.com> Sent: Thu, Oct 16, 2014 1:32 pm Subject: Fwd: Colorado Water Pipelines Joel Farkas Sent from my iPhone Begin forwarded From: "doug oakland@tamarackconsultingllc.com" <doug.oaklanci@tamarackconsultinglIc.com> Date: October 15, 2014 at 7:37:07 PM MDT To: Tim McCarthy <tim.mccarthy@tamarackconsultingllc.com> Subject: Fwd: Colorado Water Pipelines Begin forwarded message: From: "doug oakland@tamarackconsultingllc.com" <drnrg oakland©tamarackconsultingllr_cony Subject: Colorado Water Pipelines Date: September 19, 2014 at 2:59:12 PM MDT To: Amy Joseph <ainsenh g@r:o weld co rtL> Cc: "smallrecvcling@gmail corn" <cmallrecycling@gmail com> Amy, Hope you're doing well! Here are the new insurance certs for the contractor we are going to use to finish WCR55 and WCR14 (Permit Number RW14-00125 and RW14-00169). Let me know if you need anything else. We are hoping to get going next week and plan on wrapping up the work under these permits in about 3 weeks. Thanks, Doug Douglas A. Oakland Tamarack Consulting, LLC 5366 W. 25th Ave. Edgewater, CO 80214 P 303.233.3265 C: 303.638.4030 G!S Mapping I Engineering/Land Surveying I Construction Management I Soatlal Oata Collection I Soeca+ Oistricts `86' MEMORANDUM ;,, r r TO: Jay McDonald, Public Works DATE: October 15, 2014 FROM: Janet Lundquist, Public Works 1.4:kj SUBJECT: ROW Permit Pioneer Waterline- Colorado Pipelines Colorado Water Pipelines LLC was issued a right-of-way use permit on March 26, 2014 based upon the of Resolution 2014-0717 on March arch 17, 2014. Subsequently, to the a r v approvalofright-of-waypassage pp o a the right-of use permit, Public Works has received numerous complaints from area citizens. Each complaint was investigated by Public Works staff. On May 19, 2014 a probable cause hearing was held for the permit. At that hearing the BOCC issued concerns about the project encroaching on private property owners without prior agreements and advise the applicant to work with the surrounding property owners. Beginning Friday Sept. 26th, 2014, staff received calls from Bob Fritzler, Danny Kipp and Matt Johns (Town of Keenesburg), and Bonnie McIntosh regarding Colorado Pipelines project. Staff contacted was not in the office on that date. The complaints continued on Saturday and into Monday. Staff inspected the sites on Monday, September 29th, and found that the applicant had hired a new contractor. Public Works was not notified of the change in contractors. The new contractor did not notify Public Works within 24 hours of work commencing within the ROW. The contractor was working on CR 14 and was not aware that there were not construction easements in place and had blocked the south part of the ROW with their spoil piles which forced all traffic to drive in Mr. Fritzler's private property. Mr. Fritzler's field had just been planted recently. The Town of Keenesburg was also blocked from the access to their water tower and had to drive in Mr. Fritzler's field causing more ruts and damage to his private property. The contractor was asked to stop working on CR 14 and to place road base until the ROW boundaries were staked and clear and to open up access to the Town's water tower. The contractor was allowed to continue working on CR 55 to make the necessary repairs to the pipeline and finish reclamation. On Wednesday, October 1, staff received additional complaints from Bonnie McIntosh that the contractor was trespassing on her property. The contractor had piled some of the spoils on her private property. The contractor was asked to remove it immediately and the contractor complied with the request. October 2nd, based upon the violation for no notification of a new contractor, the violation for lack of 24 hours notification of work within the ROW, and the violation of trespassing on two private properties on two separate occasions Public Works Staff determined that applicant should receive a stop work order until the BOCC could re-review the case and determine if an additional probable cause hearing should take place. On October 3rd, Public Works Staff issued a stop work order. In accordance with Weld County Code Section 12-4-130, the permit can be revoked based upon the violation. Although, the applicant was responsive once the applicant was notified of the error. The code language is listed below: Sec. 12-4-130. Permit Suspension or Revocation. The Department of Public Works may deny, revoke, or suspend any Right-of-Way Use Permit in order to protect the public health, safety, welfare, and safe function of County roadways. Permit Holders hold Right-of- Way Use Permits as a privilege. Weld County reserves its right to revoke any Right-of-Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the applicant, or whenever the Permit may have been issued in violation of any provisions of this Article. If the Department of Public Works determines that the Permit Holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the Permit, the Department shall notify the Permit Holder of their suspension by either a phone call or a written demand, and the Permit Holder must then remedy the violation. The demand shall state that continued violations may be cause for revocation of the Permit. Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit. Within twenty-four(24) hours of receiving notification of the suspension, the Permit Holder shall contact the Department of Public Works with a plan of correction which must be accepted by the Department. The Permit Holder's failure to contact the Department, failure to submit an acceptable plan, or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the Permit and termination of work. Upon revocation of the permit the Permit Holder will be required to re-apply for a new permit and will be charged for any additional fees that may be applicable. '86'- '• MEMORANDUM Ti ,,,", r ' TO: Esther Gesick, Clerk to the Board DATE: 5-13-14 FROM: Janet Lundquist& Amy Joseph, Public Works «cd SUBJECT: Right of Way Use Permit RW14-00125 Pioneer Waterline- Colorado Pipelines Colorado Water Pipelines LLC was issued a right-of-way use permit on March 26, 2014 based upon the passage of Resolution 2014-0717 on March 17, 2014. Subsequently, to the approval of the right-of-way use permit, Public Works has received numerous complaints from area citizens. Each complaint is investigated by Public Works staff. On Monday, April 28th Mr. Fritzler contacted Public Works concerned that the contractor may be encroaching outside of the ROW on his property and parked equipment on his property over the weekend. Upon inspection by Public Works staff, there had been a 10x20 pit dug in Mr. Fritzler's field. The encroachment was in attempt to avoid a bridge wing wall during the bore. The contractor had not made prior arrangements with Mr. Fritzler to work on his property. The applicant and the applicant's contractor were notified of the violation and tried to accommodate the damage. A compensation amount was decided upon between the applicant and Mr. Fritzler. Public Works staff received a request to revoke RW14-00125 based upon the violation on Mr. Fritzler's property. This was presented to the Board of County Commissioners and it was determined that a probable cause hearing shall be held. In accordance with Weld County Code Section 12-4-130, the permit can be revoked based upon the violation. Although,the applicant was responsive once the applicant was notified of the error. The code language is listed below: Sec. 12-4-130. Permit Suspension or Revocation. The Department of Public Works may deny, revoke, or suspend any Right-of-Way Use Permit in order to protect the public health, safety, welfare, and safe function of County roadways. Permit Holders hold Right-of-Way Use Permits as a privilege. Weld County reserves its right to revoke any Right-of-Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis of incorrect information supplied by the applicant, or whenever the Permit may have been issued in violation of any provisions of this Article. If the Department of Public Works determines that the Permit Holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the Permit, the Department shall notify the Permit Holder of their suspension by either a phone call or a written demand, and the Permit Holder must then remedy the violation. The demand shall state that continued violations may be cause for revocation of the Permit. Further, a substantial breach shall allow the Department to place additional or revised conditions on the Permit. Within twenty-four (24) hours of receiving notification of the suspension, the Permit Holder shall contact the Department of Public Works with a plan of correction which must be accepted by the Department. The Permit Holder's failure to contact the Department, failure to submit an acceptable plan, or failure to reasonably implement the approved plan, shall be cause for immediate revocation of the Permit and termination of work. Upon revocation of the permit the Permit Holder will be required to re-apply for a new permit and will be charged for any additional fees that may be applicable. WELD COUNTY RIGHT-OF-WAY USE PERMIT Weld County Public Works Dept. �,0 C , Phone: (970)304-6496 1111 H Street y�S After Hours: (970)356-4000 P.O. Box 758 - Emergency Services:(970) 304-6500 x 2700 •Greeley,CO 80632 a y Inspection: (970)304-6480 Permit Number: RW14-00125 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. A copy of this permit must be on site at all times during construction hours. • Approved MUTCD traffic control/warning devices are required at all times. Permit Type: Standard Permit fee: $6,295.00 Project Name: Pioneer Waterline USR#: n/a Application Date: 03/25/2014 Start date: 03/27/2014 Expiration date: 06/26/2014 • Applicant Information: Contractor Information: Name: c/o Tamarack Consulting-Doug Oakland Name: Chris Zadel Company: Colorado Water Pipelines LLC-Joel Farkas Company: Northern Colorado Constructors Phone: 303-638-4030 doug Phone: 970-539-8328 Email: doug.oakland@tamarackconsultingllc.com Email: chrisz@ncconstructors.com Location: WCR: 55 Between: 14 And: 22 Address: Subivision: Legal: 9* / 2N / 64W Impacted Surface(s): ❑ Asphalt/Chip seal/RAP 2Gravel O Treated Gravel 0 Outside Roadway 0 Other SECTION LINE Use Type: ❑Communication ❑Electrical ❑Gas/Oil 2Water Service O Sanitary Sewer ❑ Irrigation OStorm Water E Misc PRIVATE Classification of Work: 0 Abandonment O Misc.Occupation O Relocation Er Potholing pother BORE CR XINGS 0 Maintenance 0 Culvert Installation 0 Road Improvements O Tree Trimming 2 New Service 0 Overhead Installation 2 Underground Installation 0 Surveying Description of ROW use: Installation of an 18"HDPE 4710 0811 FRESH WATER PIPELINE in the West and East ROW of CR 55 and crossing under CR 16, 18, 20,and under CR 55 in 4 locations. Restoration: 0 Asphalt(HMA) ❑ Class 6 Road Base 0 Fugitive Dust Chemical 0 Compaction Testing Er Mulching O Structural Fill O Flow Fill p Native Material El Reseeding 2 Erosion Control 2 Other SURFACE GRAVEL Weekend Hours Yes Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK Special Requirements RESOLUTION 2014-0717. NOTIFY inspection 24 hrs prior to starting work.WEEKLY progress updates required. Approved by: Weld County Public Works Date: 3/26/2014 Rev.July 2010 Print Date-Time: 3/26/2014 1:21:26PM Report ID: PW00001v003 Page 1 of 7 RIGHT-OF-WAY USE PERMIT REQUIREMENTS The Right-of-Way Use Permit is a tool to help regulate unauthorized obstructions of excavations in and use of the County's rights-of-way and easements including, but not limited to, all construction activities within the Weld County right-of-way, whether gravel or paved, and including all public drainage easements. A Right-of-Way Use Permit grants a permit holder permission to occupy,excavate,survey,or construct facilities within the County rights- of-way or easement, and provide for the subsequent restoration upon completion. (Weld County Code-Chapter 12, Sec. 124-10) The Permit granted herein is issued solely for the Permittee's installation of the Project which is to be used for the purpose described on page 1 of the Right-of-Way Use Permit. Permittee is prohibited from changing the use of the Project in any way without a new permit. If Permittee intends to change the use of the Project herein permitted, Permittee must re-apply to Weld County for a new permit. For example if this Permit is issued for a pipeline used to transfer non-waste water, the pipeline cannot later be utilized to transfer natural gas, petroleum, or waste water before obtaining a new permit. PERMITTEE'S RESPONSIBILITIES: The grant of this Permit herein is specifically conditioned upon Permittee's and its Contractor's compliance with the following requirements: GENERAL PROVISIONS 1. Permit Issuance. Permittee must submit a complete Right-of-Way Use Application and include required submittals for review and consideration of its Project. If Project is approved a Right-of-Way Use Permit will be issued to the Permittee. It is the responsibility of the Permittee to inform its Contractor of all Permit requirements, Provisions,and Special Provisions. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions). (b) Contractor must have a copy of the Permit, Provisions, and any Special Provisions on site during construction of the Project. (c) Issued Permit expires three(3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the permit expires. All applicable fees must be paid before extension will be issued. (d) Project specific Special Provisions may be included within or attached to the Permit as additional requirements. 2. Traffic Control Plan. A Traffic Control Plan (TCP) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices(MUTCD). (a)Flaggers shall be provided at any locations where there is encroachment into a travelling lane. (b) Full road closures exceeding three(3)days shall require approval of the Board of County Commissioners. 3. Inspection. Inspection of the work performed in the Weld County right-of-way is required. Weld County Public Works will be notified 24 hours prior to commencing any and all work. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 4. Insurances. Permittee and its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its subcontractors, members of the public who use the right-of-way associated with this road, and Weld County, its officers, employees, agents and the Board of County Commissioners of Weld County, Colorado from claims for bodily injury, death, or property damage, which may arise from the installation and/or construction of the Project contemplated herein, or caused by the facilities which are installed and/or constructed as permitted herein. Weld County, Colorado, must be named as an "Additional Named Insured" in all liability insurance policies (Weld County Code-Chapter 12, Sec. 12-4-80). The following insurance policies are required and shall be delivered to the Weld County Public Works Department: (a) Statutory Worker's Compensation. (Revised 7/20131 Page 2 of 7 (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Surety Bonds. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Public Works Department contract prices for the performance of such work. Said security shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Public Works Department. Whether or not covered by a bond, Permittee shall reimburse Weld County for any and all expenses incurred by it as a result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit, in a workmanlike manner. 6. Additional Permits. Permittee shall be responsible for obtaining all other State, Federal, or Local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Public Works Department. 7. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. 8. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes,additions, repairs or required relocation of any facilities within the dedicated rights-of-way at any time. 9. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's rights-of- way, and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of- Way. Weld County must approve location prior to construction. 10. Existing Utilities. Permittee or its contractor shall be responsible for locating all existing utilities. (Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging.) Permittee must remove all utility locates such as flags and marker pins from the Right-of-Way once the construction is complete. 11. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines, or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 12. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right-of-Way Use Permit and make the required repairs as soon as practicable after the Weld County Public Works Department is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 13. Changes-Permittee's Financial Responsibility. In the event changes are made to the roadway or its appurtenances within the right-of-way that would necessitate removal or relocation of Permittee's Project, Permittee shall do so promptly at its own expense upon the request of the County. (Revised 7/2013) Page 3 of 7 14. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project installed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County's funds. 15. Permittee Solely Responsible. Permittee (or its successors and assigns, if accepted by Weld County), remains solely responsible for all matters pertaining to the Project.These responsibilities include,but are not limited to the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon abandonment of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's Right-of-Way. 16. Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors,and assigns. CONSTRUCTION PROVISIONS 1. Daily Construction Requirements. At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements: (a) All materials shall be removed a minimum of ten feet(10')from outside edge of the road shoulder; (b) All excavations upon the traveled portions of the right-of-way shall be back-filled in accordance with the Compaction requirements set forth below unless otherwise approved by Weld County; (c) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities. 2. Equipment-Equipment Crossings. (a) Movement of cleated or track equipment is restricted to the immediate work area. Equipment shall be transported to a proper unloading area. No cleated or track equipment may work on or move over asphalt surfaces without mats. (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti-tracking material to prevent damage to the road surfaces and shoulder areas. A minimum of a fifteen inch(15")culvert shall be placed in ditch areas under tracking pad to maintain proper drainage. 3. Site Markers. Permittee shall mark the site of the installation of the Project, whether permanent or temporary, with markers acceptable to Weld County Public Works Department. Markers shall be placed as far from edge of road as to not interfere with normal road maintenance. 4. Future Line Location. The installation of non-ferrous lines in the Right-of-Way shall require a suitable means to facilitate future line location such as, but not limited to,metallic warning tape installed above the line. 5. Abandonment. The abandonment of an existing Project in the Right-of-Way shall be subject to conditions as determined by the Weld County Public Works Department based on the age, condition, material type, and size. Permittee shall cut,cap,and fill Project(s)that are not required to be removed. 6. Minimum Cover. All depth requirements are minimums and are subject to Special Provisions requirements. (a) All road bores shall be a minimum depth of four feet (4') plus the diameter of the line below the lowest point of the Right-of-Way. Private use Projects shall increase this depth to a minimum of six feet(6') plus the diameter of the line. (b) All underground Projects running parallel within the roadway or Right-of-Way shall have a minimum of four feet(4')of cover. (c)Culverts must have a minimum of twelve inches(12")of cover. 7. Asphalt-Concrete Surfaces. Asphalt or Concrete surfaces are not to be cut unless approved by the Weld County Public Works Department. If an asphalt or concrete surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Compaction Requirements) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one(+1). (Revised 7/20131 Page 4 of 7 8. Compaction Requirements. (a) All compaction of backfills and road surfaces shall be compacted in accordance with the Weld County Engineering and Construction Criteria guidelines. (b) All backfills located within an existing asphalt or concrete surface or under the asphalt or concrete not currently in place but will be as part of a new road construction, must be compacted using flow-fill cement in the upper three feet(3')of backfill. (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the Right-of-Way and replaced with compactable materials. The Right-of-Way shall then be returned to the original grades and cross sections. Weld County Public Works Department shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement. (d) On gravel roads where excavation materials are stacked on the road surfaces, road base of 3/4 inch Surface Gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for Surface Gravel shall be spread over the road surfaces at a rate of 900 tons per mile upon completion of the work. Shoulders on paved roads or barrow ditches where excavation is done shall require 300 tons per mile upon completion. These amounts are minimums to coat the road surfaces and do not supersede any requirements within the Permit. (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed. Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the Right-of-Way. Eighty-five percent(85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the Right-of-Way. Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches(6")of Surface Gravel after all of the Project has been placed and compaction test results are in compliance. (f) Potholes in gravel surfaces shall be filled completely with road base and compacted. Potholes in asphalt or concrete surfaces shall be filled with a cement/grout to existing thickness plus 1(+1)or filled with a compactable base material and the final placement a HMA or concrete material of existing thickness plus one(+1). 8. Reseeding. Permittee shall reseed,with a seed mix approved by Weld County Public Works Department,all areas within the Right-of-Way in which vegetation was removed or disturbed during the installation of its Project. 9. Points of Access. Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the rights-of-way. Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County. 10. Survey Monuments. Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site. If such monuments or bench marks are destroyed, Permittee shall hire a Registered Land Surveyor to replace destroyed monuments or bench marks. If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land Surveyor to complete such preservation. 11. Permittee's Obligations Regarding Surveys. (a) All surveying performed within the boundaries of the Right-of-Way shall be conducted with proper safety equipment and advanced warning signs; (b) Surveying permit holders can be issued an annual permit. (c) Any excavation within the boundaries of the Right-of-Way will be backfilled with the same material or better than what was excavated. (d) Weld County Public Works Department offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road. Permittee shall furnish the location of the section corners being preserved to the Surveying Department when obtaining monument boxes. (Revised 7/2013) Page 5 of 7 12. Permittee's Obligations Regarding the Completion of Project. (a) Permittee shall place Surface Gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas, remedial work required, and timing of said work. (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities,trench compaction, and replacement of gravel shall be kept within one (1)mile of new excavation. (c) All disturbed portions of the Right-of-Way or damaged road surfaces are to be returned to their original condition prior to demobilizing. if the Right-of-Way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done. GENERAL MATTERS 1. Terms. A. All references herein to "Right-of-Way" refer to a strip of land that is granted to the County through an easement of other mechanism for transportation purposes,such as a roadway or highway. B. All references herein to "Permittee" are to any persons and/or entities applying for and being issued a Right-of- Way Use Permit granting permission to occupy and/or install their Project within Weld County's rights-of-way. C. All references here into "Project" refer to the Permittee's pipelines, conduits, sleeves and/or appurtenances for natural gas\oil\electric\water\sewer\irrigation\communications\which are placed in Weld County's rights-of-way pursuant to this Permit. D. All references herein to"Contractor" are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way. E. All references herein to "Permit" refer to the Right-of-Way Use Permit, its Provisions, and any attached Special Provisions. 2. Weld County's limited Interest in Right-of-Way. Weld County owns a limited interest in the Right-of- Way and therefore, does not, by the issuance of this Permit, warrant the right-of-way. Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right-of-ways. Therefore, Permittee shall obtain from the fee title owner(s) of the Right-of-Way or others having proprietary interests in the Right-of-Way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the Right-of-Way. Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permittee's securing such authority or rights. 3. Weld County's Rights. Permittee acknowledges and agrees that the Right-of-Way exists as a public right-of- way for the primary benefit of the travelling public, and that the rights granted herein to Permittee and to other public and private utilities and entities, are subject to Weld County's rights and obligations to preserve and maintain the Right-of-Way as such. A. Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right-of-Way for existing and future construction, operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities. B. Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit. Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain h the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County. (Revised 7/2013) Page 6 of 7 C. Weld County reserves the right to allow other public and private utilities and entities to utilize the Right-of-Way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the Right-of-Way. D. Weld County reserves the right to reconstruct, widen and/or maintain the road(s) or right(s)-of-way affected by this Permit. In the event this work requires Permittee to incur expense in order to preserve, re- locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost. 4. Indemnification. Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project. 5. Hold Harmless. Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause. Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third party. 6. No Assignment. Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County,which consent shall not be unreasonably withheld. However, in the event Permittee contracts with a third party contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit. 7. Entire Permit Agreement. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Permit embodies all agreements between the parties hereto and there are no promises, terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. Effect of Invalidity of Provision. If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions,to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law. 9. No Waiver of Immunity. No term or condition of this Permit 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. 10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit, and all rights of action relating to such enforcement, shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors, and assigns. (Revised 7/20131 Page 7 of 7 WELD COUNTY RIGHT-OF-WAY USE PERMIT Weld County Public Works Dept. 0 C Phone: (970)304-6496 1111 H Street y After Hours:(970)356-4000 P.O. Box 758 Emergency Services: (970)304-6500 x 2700 Greeley,CO 80632 G L� �Or y Inspection: (970)304-6480 /C W�Q Permit Number: RW14-00152 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. A copy of this permit must be on site at all times during construction hours. Approved MUTCD traffic control/warning devices are required at all times. Permit Type: Standard Permit fee: $550.00 Project Name: Pioneer Waterline-Temporary USR#: n/a Application Date: 03/25/2014 Start date: 04/09/2014 Expiration date: 10/09/2014 Applicant Information: Contractor Information: Name: c/o Tamarack Consulting-Doug Oakland Name: Chris Zadel Company: Colorado Water Pipelines LLC-Joel Farkas Company: Northern Colorado Constructors Phone: 303-638-4030 doug Phone: 970-539-8328 Email: doug.oakland@tamarackconsultingllc.com Email: chrisz@ncconstructors.com Location: WCR: 14 Between: (57) And: 67 Address: Subivision: Legal: 4* / 2N / 63W* Impacted Surface(s): 0 Asphalt/Chip seal/RAP Gravel ❑ Treated Gravel 0 Outside Roadway 0 Other SECTION LINE Use Type: ❑Communication ❑Electrical ❑Gas/Oil O Water Service El Sanitary Sewer ❑ Irrigation ❑Storm Water 0 Misc PRIVATE Classification of Work: ❑Abandonment 0 Misc.Occupation 0 Relocation 0 Potholing D Other BORE CR XINGS ❑Maintenance 0 Culvert Installation ❑ Road Improvements El Tree Trimming 0 New Service ❑Overhead Installation 0 Underground Installation 0 Surveying Description of ROW use: Installation of an TEMPORARY 18"HDPE 4710 DR11 FRESH WATER PIPELINE along the N and S ROW of CR 14. All road crossings will be permanent bore crossing. The entire pipeline is intended to be installed as permanent by October 2014. Restoration: ❑Asphalt(HMA) 0 Class 6 Road Base ❑Fugitive Dust Chemical ❑ Compaction Testing p Mulching ❑ Structural Fill p Flow Fill 0 Native Material 0 Reseeding Erosion Control 0 Other SURFACE GRAVEL Weekend Hours Yes Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK Special Requirements RESOLUTION 2014-0717. NOTIFY inspection 24 hrs prior to starting work.WEEKLY progress updates required. A new permit will be required for the permanent installation. Approved by: Weld County Public Works Date: 4/8/2014 Rev.July 2010 Print Date-Time: 4/8/2014 12:02:30PM Report ID: PW00001v003 Page 1 of 7 RIGHT-OF-WAY USE PERMIT REQUIREMENTS The Right-of-Way Use Permit is a tool to help regulate unauthorized obstructions of excavations in and use of the County's rights-of-way and easements including, but not limited to, all construction activities within the Weld County right-of-way, whether gravel or paved, and including all public drainage easements. A Right-of-Way Use Permit grants a permit holder permission to occupy,excavate,survey,or construct facilities within the County rights- of-way or easement, and provide for the subsequent restoration upon completion. (Weld County Code-Chapter 12, Sec.12-4-10) The Permit granted herein is issued solely for the Permittee's installation of the Project which is to be used for the purpose described on page 1 of the Right-of-Way Use Permit. Permittee is prohibited from changing the use of the Project in any way without a new permit. If Permittee intends to change the use of the Project herein permitted, Permittee must re-apply to Weld County for a new permit. For example if this Permit is issued for a pipeline used to transfer non-waste water, the pipeline cannot later be utilized to transfer natural gas, petroleum, or waste water before obtaining a new permit. PERMITTEE'S RESPONSIBILITIES: The grant of this Permit herein is specifically conditioned upon Permittee's and its Contractor's compliance with the following requirements: GENERAL PROVISIONS 1. Permit Issuance. Permittee must submit a complete Right-of-Way Use Application and include required submittals for review and consideration of its Project. If Project is approved a Right-of-Way Use Permit will be issued to the Permittee. It is the responsibility of the Permittee to inform its Contractor of all Permit requirements, Provisions,and Special Provisions. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions). (b) Contractor must have a copy of the Permit, Provisions, and any Special Provisions on site during construction of the Project. (c) Issued Permit expires three(3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the permit expires. All applicable fees must be paid before extension will be issued. (d) Project specific Special Provisions may be included within or attached to the Permit as additional requirements. 2. Traffic Control Plan. A Traffic Control Plan (TCP) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices(MUTCD). (a) Flaggers shall be provided at any locations where there is encroachment into a travelling lane. (b) Full road closures exceeding three(3)days shall require approval of the Board of County Commissioners. 3. Inspection. Inspection of the work performed in the Weld County right-of-way is required. Weld County Public Works will be notified 24 hours prior to commencing any and all work. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 4. Insurances. Permittee and its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its subcontractors, members of the public who use the right-of-way associated with this road, and Weld County, its officers, employees, agents and the Board of County Commissioners of Weld County, Colorado from claims for bodily injury, death,or property damage, which may arise from the installation and/or construction of the Project contemplated herein, or caused by the facilities which are installed and/or constructed as permitted herein. Weld County, Colorado, must be named as an "Additional Named Insured" in all liability insurance policies (Weld County Code-Chapter 12, Sec. 12-4-80). The following insurance policies are required and shall be delivered to the Weld County Public Works Department: (a) Statutory Worker's Compensation. (Revised 7/20131 Page 2 of 7 (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Surety Bonds. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Public Works Department contract prices for the performance of such work. Said security shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Public Works Department. Whether or not covered by a bond, Permittee shall reimburse Weld County for any and all expenses incurred by it as a result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit, in a workmanlike manner. 6. Additional Permits. Permittee shall be responsible for obtaining all other State, Federal, or Local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Public Works Department. 7. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. 8. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes,additions, repairs or required relocation of any facilities within the dedicated rights-of-way at any time. 9. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's rights-of- way, and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of- Way. Weld County must approve location prior to construction. 10. Existing Utilities. Permittee or its contractor shall be responsible for locating all existing utilities. (Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging.) Permittee must remove all utility locates such as flags and marker pins from the Right-of-Way once the construction is complete. 11. No Damage to Other Projects. No culverts, irrigation structures, drain lines, utility lines, or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 12. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right-of-Way Use Permit and make the required repairs as soon as practicable after the Weld County Public Works Department is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 13. Changes-Permittee's Financial Responsibility. In the event changes are made to the roadway or its appurtenances within the right-of-way that would necessitate removal or relocation of Permittee's Project, Permittee shall do so promptly at its own expense upon the request of the County. (Revised 7/20131 Page 3 of 7 14. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project installed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County's funds. 15. Permittee Solely Responsible. Permittee (or its successors and assigns, if accepted by Weld County), remains solely responsible for all matters pertaining to the Project.These responsibilities include, but are not limited to the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon abandonment of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's Right-of-Way. 16. Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors,and assigns. CONSTRUCTION PROVISIONS 1. Daily Construction Reauirements. At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements: (a) All materials shall be removed a minimum of ten feet(10')from outside edge of the road shoulder; (b) All excavations upon the traveled portions of the right-of-way shall be back-filled in accordance with the Compaction requirements set forth below unless otherwise approved by Weld County; (c) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities. 2. Equipment-Equipment Crossings. (a) Movement of cleated or track equipment is restricted to the immediate work area. Equipment shall be transported to a proper unloading area. No cleated or track equipment may work on or move over asphalt surfaces without mats. (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti-tracking material to prevent damage to the road surfaces and shoulder areas. A minimum of a fifteen inch (15")culvert shall be placed in ditch areas under tracking pad to maintain proper drainage. 3. Site Markers. Permittee shall mark the site of the installation of the Project, whether permanent or temporary, with markers acceptable to Weld County Public Works Department. Markers shall be placed as far from edge of road as to not interfere with normal road maintenance. 4. Future Line Location. The installation of non-ferrous lines in the Right-of-Way shall require a suitable means to facilitate future line location such as, but not limited to,metallic warning tape installed above the line. 5. Abandonment. The abandonment of an existing Project in the Right-of-Way shall be subject to conditions as determined by the Weld County Public Works Department based on the age, condition, material type, and size. Permittee shall cut,cap,and fill Project(s)that are not required to be removed. 6. Minimum Cover. All depth requirements are minimums and are subject to Special Provisions requirements. (a) All road bores shall be a minimum depth of four feet (4') plus the diameter of the line below the lowest point of the Right-of-Way. Private use Projects shall increase this depth to a minimum of six feet (6') plus the diameter of the line. (b) All underground Projects running parallel within the roadway or Right-of-Way shall have a minimum of four feet(4')of cover. (c)Culverts must have a minimum of twelve inches(12")of cover. 7. Asphalt-Concrete Surfaces. Asphalt or Concrete surfaces are not to be cut unless approved by the Weld County Public Works Department. If an asphalt or concrete surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Compaction Requirements) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one(+1). (Revised 7/2013) Page 4 of 7 8. Compaction Requirements. (a) All compaction of backfills and road surfaces shall be compacted in accordance with the Weld County Engineering and Construction Criteria guidelines. (b) All backfills located within an existing asphalt or concrete surface or under the asphalt or concrete not currently in place but will be as part of a new road construction, must be compacted using flow-fill cement in the upper three feet(3')of backfill. (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the Right-of-Way and replaced with compactable materials. The Right-of-Way shall then be returned to the original grades and cross sections. Weld County Public Works Department shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement. (d) On gravel roads where excavation materials are stacked on the road surfaces, road base of 3/4 inch Surface Gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for Surface Gravel shall be spread over the road surfaces at a rate of 900 tons per mile upon completion of the work. Shoulders on paved roads or barrow ditches where excavation is done shall require 300 tons per mile upon completion. These amounts are minimums to coat the road surfaces and do not supersede any requirements within the Permit. (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed. Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the Right-of-Way. Eighty-five percent (85%) of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the Right-of-Way. Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches(6")of Surface Gravel after all of the Project has been placed and compaction test results are in compliance. (f) Potholes in gravel surfaces shall be filled completely with road base and compacted. Potholes in asphalt or concrete surfaces shall be filled with a cement/grout to existing thickness plus 1(+1)or filled with a compactable base material and the final placement a HMA or concrete material of existing thickness plus one(+1). 8. Reseeding. Permittee shall reseed,with a seed mix approved by Weld County Public Works Department,all areas within the Right-of-Way in which vegetation was removed or disturbed during the installation of its Project. 9. Points of Access. Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the rights-of-way. Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County. 10. Survey Monuments. Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site. If such monuments or bench marks are destroyed, Permittee shall hire a Registered Land Surveyor to replace destroyed monuments or bench marks. If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land Surveyor to complete such preservation. 11. Permittee's Obligations Regarding Surveys. (a) All surveying performed within the boundaries of the Right-of-Way shall be conducted with proper safety equipment and advanced warning signs; (b) Surveying permit holders can be issued an annual permit. (c) Any excavation within the boundaries of the Right-of-Way will be backfilled with the same material or better than what was excavated. (d) Weld County Public Works Department offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road. Permittee shall furnish the location of the section corners being preserved to the Surveying Department when obtaining monument boxes. (Revised 7/2013) Page 5 of 7 12. Permittee's Obligations Regarding the Completion of Proiect. (a) Permittee shall place Surface Gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas, remedial work required, and timing of said work. (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities,trench compaction, and replacement of gravel shall be kept within one (1) mile of new excavation. (c) All disturbed portions of the Right-of-Way or damaged road surfaces are to be returned to their original condition prior to demobilizing. If the Right-of-Way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done. GENERAL MATTERS 1. Terms. A. All references herein to "Right-of-Way" refer to a strip of land that is granted to the County through an easement of other mechanism for transportation purposes,such as a roadway or highway. B. All references herein to "Permittee" are to any persons and/or entities applying for and being issued a Right-of- Way Use Permit granting permission to occupy and/or install their Project within Weld County's rights-of-way. C. All references here into "Project" refer to the Permittee's pipelines, conduits, sleeves and/or appurtenances for natural gas\oil\electric\water\sewer\irrigation\communications\which are placed in Weld County's rights-of-way pursuant to this Permit. D. All references herein to"Contractor"are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way. E. All references herein to "Permit" refer to the Right-of-Way Use Permit, its Provisions, and any attached Special Provisions. 2. Weld County's Limited Interest in Right-of-Way. Weld County owns a limited interest in the Right-of- Way and therefore, does not, by the issuance of this Permit, warrant the right-of-way. Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right-of-ways. Therefore, Permittee shall obtain from the fee title owner(s) of the Right-of-Way or others having proprietary interests in the Right-of-Way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the Right-of-Way. Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permittee's securing such authority or rights. 3. Weld County's Rights. Permittee acknowledges and agrees that the Right-of-Way exists as a public right-of- way for the primary benefit of the travelling public, and that the rights granted herein to Permittee and to other public and private utilities and entities, are subject to Weld County's rights and obligations to preserve and maintain the Right-of-Way as such. A. Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right-of-Way for existing and future construction,operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities. B. Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit. Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County. (Revised 7/2013) Page 6 of 7 C. Weld County reserves the right to allow other public and private utilities and entities to utilize the Right-of-Way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the Right-of-Way. D. Weld County reserves the right to reconstruct, widen and/or maintain the road(s) or right(s)-of-way affected by this Permit. In the event this work requires Permittee to incur expense in order to preserve, re- locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost. 4. Indemnification. Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project. 5. Hold Harmless. Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause. Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third party. 6. No Assignment. Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County,which consent shall not be unreasonably withheld. However, in the event Permittee contracts with a third party contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit. 7. Entire Permit Agreement. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Permit embodies all agreements between the parties hereto and there are no promises, terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. Effect of Invalidity of Provision. If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law. 9. No Waiver of Immunity. No term or condition of this Permit 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. 10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit, and all rights of action relating to such enforcement,shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors,and assigns. (Revised 7/2013) Page 7 of 7 WELD COUNTY RIGHT-OF-WAY USE PERMIT Weld County Public Works Dept. �, C �, Phone: (970)304-6496 1111 H Street Ste' After Hours:(970)356-4000 P.O. Box 758 Emergency Services: (970)304-6500 x 2700 N Greeley,CO 80632 i Nor 4C✓or Inspection: (970)304-6480 4/C WQ Permit Number: RW14-00169 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. A copy of this permit must be on site at all times during construction hours. Approved MUTCD traffic control/warning devices are required at all times. Permit Type: Standard Permit fee: $1,063.20 Project Name: Pioneer Waterline-Permanent USRff: n/a Application Date: 04/03/2014 Start date: 04/16/2014 Expiration date: 07/15/2014 Applicant Information: Contractor Information: Name: c/o Tamarack Consulting-Doug Oakland Name: Chris Zadel Company: Colorado Water Pipelines LLC-Joel Farkas Company: Northern Colorado Constructors Phone: 303-638-4030 doug Phone: 970-539-8328 Email: doug.oakland@tamarackconsultingllc.com Email: chrisz@ncconstructors.com Location: WCR: 14 Between: 55 And: (57) Address: Subivision: Legal: 34• / 2N / 64* Impacted Surfacels): ❑ Asphalt/Chip seal/RAP Gravel ❑ Treated Gravel 0 Outside Roadway 0 Other SECTION LINE Use Type: ❑Communication ❑Electrical ❑Gas/Oil O Water Service ❑Sanitary Sewer ❑ Irrigation ❑Storm Water 0 Misc PRIVATE Classification of Work: ❑Abandonment ❑Misc.Occupation 0 Relocation ❑Potholing ❑Other ❑Maintenance 0 Culvert Installation 0 Road Improvements O Tree Trimming 0 New Service ❑Overhead Installation 0 Underground Installation ❑ Surveying Description of ROW use: Installation of an 18"HDPE 4710 DR11 FRESH WATER PIPELINE within the S ROW of CR 14. Restoration: ❑Asphalt(HMA) 0 Class 6 Road Base ❑Fugitive Dust Chemical 0 Compaction Testing p Mulching ❑ Structural Fill 0 Flow Fill 0 Native Material 0 Reseeding OErosion Control 0 Other SURFACE GRAVEL Weekend Hours Yes Daily work hours are from DAYLIGHT to 1/2 HOUR BEFORE DARK Special Requirements RESOLUTION 2014-0717. NOTIFY inspection 24 hrs prior to starting work.WEEKLY progress updates required. Approved by: Weld County Public Works Date: 4/16/2014 Rev.July 2010 Print Date-Time: 4/16/2014 8:27:47AM Report ID: PW00001v003 Page 1 of 7 RIGHT-OF-WAY USE PERMIT REQUIREMENTS The Right-of-Way Use Permit is a tool to help regulate unauthorized obstructions of excavations in and use of the County's rights-of-way and easements including, but not limited to, all construction activities within the Weld County right-of-way, whether gravel or paved, and including all public drainage easements. A Right-of-Way Use Permit grants a permit holder permission to occupy,excavate,survey,or construct facilities within the County rights- of-way or easement, and provide for the subsequent restoration upon completion. (Weld County Code-Chapter 12, Sec. 12-4-10) The Permit granted herein is issued solely for the Permittee's installation of the Project which is to be used for the purpose described on page 1 of the Right-of-Way Use Permit. Permittee is prohibited from changing the use of the Project in any way without a new permit. If Permittee intends to change the use of the Project herein permitted, Permittee must re-apply to Weld County for a new permit. For example if this Permit is issued for a pipeline used to transfer non-waste water,the pipeline cannot later be utilized to transfer natural gas, petroleum, or waste water before obtaining a new permit. PERMITTEE'S RESPONSIBILITIES: The grant of this Permit herein is specifically conditioned upon Permittee's and its Contractor's compliance with the following requirements: GENERAL PROVISIONS 1. Permit Issuance. Permittee must submit a complete Right-of-Way Use Application and include required submittals for review and consideration of its Project. If Project is approved a Right-of-Way Use Permit will be issued to the Permittee. It is the responsibility of the Permittee to inform its Contractor of all Permit requirements, Provisions,and Special Provisions. (a) Commencement of construction prior to receiving an approved Permit will result in applicable penalties (see emergency repair section for exclusions). (b) Contractor must have a copy of the Permit, Provisions, and any Special Provisions on site during construction of the Project. (c) Issued Permit expires three(3) months from date issued unless otherwise stated. The Permittee may apply for an extension if work is not completed before the permit expires. All applicable fees must be paid before extension will be issued. (d) Project specific Special Provisions may be included within or attached to the Permit as additional requirements. 2. Traffic Control Plan. A Traffic Control Plan (TCP) must be submitted and approved prior to Permittee's commencement of work. Permittee shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices(MUTCD). (a) Flaggers shall be provided at any locations where there is encroachment into a travelling lane. (b) Full road closures exceeding three(3)days shall require approval of the Board of County Commissioners. 3. Inspection. Inspection of the work performed in the Weld County right-of-way is required. Weld County Public Works will be notified 24 hours prior to commencing any and all work. Final inspections are required. Weld County shall have the right to order Permittee or its Contractor to stop work anytime Weld County believes that a violation of this Permit has occurred or if there is a danger to the safety of the public if the work continues. 4. Insurances. Permittee and its Contractor shall secure and maintain insurance policies and/or provide proof of adequate self-insurance that will protect itself, its subcontractors, members of the public who use the right-of-way associated with this road, and Weld County, its officers, employees, agents and the Board of County Commissioners of Weld County, Colorado from claims for bodily injury, death, or property damage, which may arise from the installation and/or construction of the Project contemplated herein, or caused by the facilities which are installed and/or constructed as permitted herein. Weld County, Colorado, must be named as an "Additional Named Insured" in all liability insurance policies (Weld County Code-Chapter 12, Sec. 12-4-80). The following insurance P policies are required and shall be delivered to the Weld County Public Works Department: (a) Statutory Worker's Compensation. (Revised 7/2013) Page 2 of 7 (b) Contractor's public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 Aggregate $2,000,000 (c) Automobile public liability and property damage in the following sums: Bodily Injury: Property Damage: Each person $1,000,000 Each accident $1,000,000 Each accident $1,000,000 5. Surety Bonds. If determined necessary by Weld County's Department of Public Works, Permittee shall provide a surety bond or other security for the total amount required to restore the right-of-way under which the Project is to be installed or constructed, based upon current Weld County Public Works Department contract prices for the performance of such work. Said security shall remain in effect for a period of two (2) years after inspection of completed construction by Weld County Public Works Department. Whether or not covered by a bond, Permittee shall reimburse Weld County for any and all expenses incurred by it as a result of, or related to, the failure by Permittee or its Contractor to perform all installation, construction, maintenance or other work pursuant to this Permit, in a workmanlike manner. 6. Additional Permits. Permittee shall be responsible for obtaining all other State, Federal, or Local permits which may be required of Permittee and/or its Contractor to install and/or maintain its Project. Permittee shall provide evidence of such other permits upon request by the Weld County Public Works Department. 7. Determination of Placement. Weld County reserves the right to determine the specific placement of the Project within its right-of-way. 8. Suspension of Work. Weld County's Department of Public Works shall have the authority to suspend work, wholly or in part, because of the failure of Permittee to properly execute the work in accordance with this Permit. Notwithstanding the issuance of this Permit, Weld County reserves the right to make or to require Permittee to make any changes,additions, repairs or required relocation of any facilities within the dedicated rights-of-way at any time. 9. Setback Requirements. By accepting this Permit, Permittee hereby waives its right to require industry setback requirements which it might otherwise require from other utilities which may be placed in Weld County's rights-of- way, and relinquishes its authority over the placement of all other electric, power, gas, communications or other conduits, pipelines, appurtenances, or irrigation structures which Weld County may allow to be placed in its Right-of- Way. Weld County must approve location prior to construction. 10. Existing Utilities. Permittee or its contractor shall be responsible for locating all existing utilities. (Contact the Utility Notification Center of Colorado at 811 or 1-800-922-1987 at least two days in advance of digging.) Permittee must remove all utility locates such as flags and marker pins from the Right-of-Way once the construction is complete. 11. No Damage to Other Projects. No culverts, irrigation structures,drain lines, utility lines,or any other Projects or facilities within the right-of-way are to be cut or damaged. In the event Permittee or its Contractor damages an existing facility, Permittee shall first notify the owner and either immediately repair and replace the damaged facility or pay the owner to repair and replace the same in accordance with the desires of the owner. 12. Emergencies. Permittee shall report all emergency repairs to Weld County Public Works immediately upon being advised that an emergency exists. During such repairs, Permittee shall utilize proper traffic control measures. Permittee shall apply for a Right-of-Way Use Permit and make the required repairs as soon as practicable after the Weld County Public Works Department is notified of the emergency situation and the need for such repairs. In no event shall such repairs be completed later than 24 hours after receiving such notification, unless adverse weather conditions prohibit the repair process. 13. Changes-Permittee's Financial Responsibility. In the event changes are made to the roadway or its appurtenances within the right-of-way that would necessitate removal or relocation of Permittee's Project, Permittee shall do so promptly at its own expense upon the request of the County. (Revised 7/2013) Page 3 of 7 14. Permittee Responsible for All Project Related Expenses. The construction, operation, maintenance and repair of the Project installed by Permittee, and all other improvements described in this Permit, shall be at its own expense and without the aid or use of Weld County's funds. 15. Permittee Solely Responsible. Permittee (or its successors and assigns, if accepted by Weld County), remains solely responsible for all matters pertaining to the Project.These responsibilities include, but are not limited to the following: repair and maintenance of the physical components of the Project; removal of the physical components of the Project upon abandonment of the use or following the request of Weld County to remove the Project; cooperation with Weld County and other Permittees whose projects are placed in Weld County's Right-of-Way. 16. Successors and Assigns of Permittee. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors,and assigns. CONSTRUCTION PROVISIONS 1. Daily Construction Requirements. At the end of each day during the installation and construction of the Project, Permittee shall observe the following requirements: (a) All materials shall be removed a minimum of ten feet(10')from outside edge of the road shoulder; (b) All excavations upon the traveled portions of the right-of-way shall be back-filled in accordance with the Compaction requirements set forth below unless otherwise approved by Weld County; (c) All traffic signs must be in place per the approved Traffic Control Plan or removed or covered if not applicable to nightly activities. 2. Equipment-Equipment Crossings. (a) Movement of cleated or track equipment is restricted to the immediate work area. Equipment shall be transported to a proper unloading area. No cleated or track equipment may work on or move over asphalt surfaces without mats. (b) Equipment crossings, in line with the Project, shall be built up level with the road surface with a practicable anti-tracking material to prevent damage to the road surfaces and shoulder areas. A minimum of a fifteen inch (15")culvert shall be placed in ditch areas under tracking pad to maintain proper drainage. 3. Site Markers. Permittee shall mark the site of the installation of the Project, whether permanent or temporary, with markers acceptable to Weld County Public Works Department. Markers shall be placed as far from edge of road as to not interfere with normal road maintenance. 4. Future Line Location. The installation of non-ferrous lines in the Right-of-Way shall require a suitable means to facilitate future line location such as,but not limited to, metallic warning tape installed above the line. 5. Abandonment. The abandonment of an existing Project in the Right-of-Way shall be subject to conditions as determined by the Weld County Public Works Department based on the age, condition, material type, and size. Permittee shall cut,cap,and fill Project(s)that are not required to be removed. 6. Minimum Cover. All depth requirements are minimums and are subject to Special Provisions requirements. (a) All road bores shall be a minimum depth of four feet (4') plus the diameter of the line below the lowest point of the Right-of-Way. Private use Projects shall increase this depth to a minimum of six feet(6') plus the diameter of the line. (b) All underground Projects running parallel within the roadway or Right-of-Way shall have a minimum of four feet(4')of cover. (c)Culverts must have a minimum of twelve inches(12")of cover. 7. Asphalt-Concrete Surfaces. Asphalt or Concrete surfaces are not to be cut unless approved by the Weld County Public Works Department. If an asphalt or concrete surface cut is granted, the cut shall be repaired with a flowable fill cement (refer to Compaction Requirements) and hot bituminous pavement and/or concrete placed at a thickness of existing plus one(+1). (Revised 7/2013) Page of 8. Compaction Reauirements. (a) All compaction of backfills and road surfaces shall be compacted in accordance with the Weld County Engineering and Construction Criteria guidelines. (b) All backfills located within an existing asphalt or concrete surface or under the asphalt or concrete not currently in place but will be as part of a new road construction, must be compacted using flow-fill cement in the upper three feet(3')of backfill. (c) If any wet or non-compactable materials are produced from excavations, they shall be completely removed from the Right-of-Way and replaced with compactable materials. The Right-of-Way shall then be returned to the original grades and cross sections. Weld County Public Works Department shall have the authority to determine what materials shall be discarded and what materials shall be acceptable as replacement. (d) On gravel roads where excavation materials are stacked on the road surfaces, road base of 3/4 inch Surface Gravel as specified in Chapter 7 of the Weld County Engineering and Construction Criteria specifications for Surface Gravel shall be spread over the road surfaces at a rate of 900 tons per mile upon completion of the work. Shoulders on paved roads or barrow ditches where excavation is done shall require 300 tons per mile upon completion. These amounts are minimums to coat the road surfaces and do not supersede any requirements within the Permit. (e) On gravel roads where excavation is done within the roadway, backfilling lifts greater than eight inches (8"), but not exceeding twelve inches (12"), shall be permitted providing that Permittee has suitable equipment to properly compact the depth of lift placed. Weld County Public Works shall determine if Permittee's equipment and the depth of backfill lift is appropriate. Ninety-five percent (95%) of a standard proctor shall be required at any trench depth or in replacement of any materials within the traveled portion of the Right-of-Way. Eighty-five percent (85%)of a standard proctor shall be required at any trench depth or in replacement of any materials off the traveled portions of the Right-of-Way. Installations running parallel within a gravel roadway will require a final placement of a minimum of six inches(6")of Surface Gravel after all of the Project has been placed and compaction test results are in compliance. (f) Potholes in gravel surfaces shall be filled completely with road base and compacted. Potholes in asphalt or concrete surfaces shall be filled with a cement/grout to existing thickness plus 1(+1)or filled with a compactable base material and the final placement a HMA or concrete material of existing thickness plus one(+1). 8. Reseeding. Permittee shall reseed,with a seed mix approved by Weld County Public Works Department,all areas within the Right-of-Way in which vegetation was removed or disturbed during the installation of its Project. 9. Points of Access. Permittee shall install manholes and other points of access to underground lines within the boundaries of the right-of-way outside the normal wheel path of the roadway so that they do not obstruct maintenance operations within the rights-of-way. Permittee shall, at its sole expense, adjust access points, when requested to do so by Weld County. 1O. Survey Monuments. Permittee or its Contractor shall preserve or replace all survey monuments or benchmarks at each work site. If such monuments or bench marks are destroyed, Permittee shall hire a Registered Land Surveyor to replace destroyed monuments or bench marks. If Permittee chooses to preserve such monuments or benchmarks, it shall also hire a Registered Land Surveyor to complete such preservation. 11. Permittee's Obligations Regarding Surveys. (a) All surveying performed within the boundaries of the Right-of-Way shall be conducted with proper safety equipment and advanced warning signs; (b) Surveying permit holders can be issued an annual permit. (c) Any excavation within the boundaries of the Right-of-Way will be backfilled with the same material or better than what was excavated. (d) Weld County Public Works Department offers free monument boxes and lids to Permittee to establish, upgrade or perpetuate the location of an aliquot corner of any section on a paved road. Permittee shall furnish the location of the section corners being preserved to the Surveying Department when obtaining monument boxes. (Revised 7/2013) Page 5 of 7 12. Permittee's Obligations Regarding the Completion of Project. (a) Permittee shall place Surface Gravel, as specified in Chapter 7 of the Weld County Engineering and Construction Criteria, on all surfaces where any damage has occurred to the road surface from equipment, trenching, or storage of material. Weld County shall determine the damaged areas, remedial work required, and timing of said work. (b) Permittee shall complete road restoration including, but not limited to, clean-up (including utility markers), repair of damaged facilities, trench compaction, and replacement of gravel shall be kept within one (1)mile of new excavation. (c) All disturbed portions of the Right-of-Way or damaged road surfaces are to be returned to their original condition prior to demobilizing. If the Right-of-Way is not returned to original conditions, Weld County may perform or contract such remedial work and Permittee shall pay for all work or forfeit its surety bond in order to pay for all work done. GENERAL MATTERS 1. Terms. A. All references herein to "Right-of-Way" refer to a strip of land that is granted to the County through an easement of other mechanism for transportation purposes,such as a roadway or highway. B. All references herein to "Permittee" are to any persons and/or entities applying for and being issued a Right-of- Way Use Permit granting permission to occupy and/or install their Project within Weld County's rights-of-way. C. All references here into "Project" refer to the Permittee's pipelines, conduits, sleeves and/or appurtenances for natural gas\oil\electric\water\sewer\irrigation\communications\which are placed in Weld County's rights-of-way pursuant to this Permit. D. All references herein to"Contractor"are to any persons or business entities retained by Permittee to install the Project in Weld County right-of-way. E. All references herein to "Permit" refer to the Right-of-Way Use Permit, its Provisions, and any attached Special Provisions. 2. Weld County's Limited Interest in Right-of-Way. Weld County owns a limited interest in the Right-of- Way and therefore, does not, by the issuance of this Permit, warrant the right-of-way. Permittee is responsible for determining the ownership of properties traversed by its lines, the location of all property boundary lines, and the ownership of all right-of-ways. Therefore, Permittee shall obtain from the fee title owner(s) of the Right-of-Way or others having proprietary interests in the Right-of-Way such authority or rights as Permittee may need, in addition to this Permit for Permittee's use of the Right-of-Way. Permittee acknowledges and agrees that the authorization granted herein by Weld County is subject to Permittee's securing such authority or rights. 3. Weld County's Rights. Permittee acknowledges and agrees that the Right-of-Way exists as a public right-of- way for the primary benefit of the travelling public, and that the rights granted herein to Permittee and to other public and private utilities and entities, are subject to Weld County's rights and obligations to preserve and maintain the Right-of-Way as such. A. Subject to the right granted herein to Permittee, Weld County reserves the remaining use of the Right-of-Way for existing and future construction,operation, maintenance, repair, replacement relocation and abandonment of its own use and facilities. B. Weld County reserves the right to revoke this Permit at any time if Permittee or its Contractor fails to comply with the requirements of this Permit. Should this Permit be terminated for non-compliance by Permittee or its Contractor, any lines or facilities installed prior to the termination shall remain the responsibility of the Permittee and may be removed or maintained by Permittee at the sole discretion of Weld County. (Revised 7/2013) Page 6 of 7 C. Weld County reserves the right to allow other public and private utilities and entities to utilize the Right-of-Way and may impose location requirements and restrictions on Permittee in anticipation of requests by future public and private utilities and entities to occupy the Right-of-Way. D. Weld County reserves the right to reconstruct, widen and/or maintain the road(s) or right(s)-of-way affected by this Permit. In the event this work requires Permittee to incur expense in order to preserve, re- locate or maintain its Project, Permittee shall do so upon notification from Weld County at its sole cost. 4. Indemnification. Except for the negligence of Weld County, Permittee shall indemnify and save harmless Weld County, its, officers, employees, agents, successors and assigns from any damage or loss sustained by them or any of them, which arises by reason of Permittee's negligence with respect to the installation, upgrade and/or maintenance of the Project. 5. Hold Harmless. Permittee agrees to protect Weld County and save and hold Weld County harmless from any and all third party claims and damages which the installation and/or maintenance of Permittee's Project and related facilities may directly or indirectly cause. Additionally, Permittee releases Weld County from any and all claims and damages to property owned by Permittee resulting from any act, either by or on the part of Weld County or by or on the part of any third party. 6. No Assignment. Permittee shall not assign any or all of its rights under this Permit without first obtaining written consent to such assignment from Weld County,which consent shall not be unreasonably withheld. However, in the event Permittee contracts with a third party contractor to perform the work associated with the installation of the Project, Permittee remains solely responsible for Contractor's compliance with the terms and conditions of this Permit. 7. Entire Permit Agreement. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Permit embodies all agreements between the parties hereto and there are no promises, terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. Effect of Invalidity of Provision. If any term or provision of this Permit, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Permit, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Permit shall be deemed valid and enforceable to the extent permitted by law. 9. No Waiver of Immunity. No term or condition of this Permit 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§524-10-101 et seq.,as applicable now or hereafter amended. 10. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Permit,and all rights of action relating to such enforcement, shall be strictly reserved to Weld County and nothing in this Permit shall give or allow any claim or right of action whatsoever by any other person not included in this Permit. It is mutually understood and agreed that this Permit and all the terms and conditions hereof shall extend to and be binding upon the Permittee and its successors,and assigns. (Revised 7/2013) Page 7 of 7 RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING RIGHT-OF-WAY PERMIT, RW14-00125, TO PLACE A WATER PIPELINE WITHIN THE COUNTY ROAD 55 RIGHT-OF-WAY -COLORADO WATER PIPELINES, LLC 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, pursuant to Resolution #2014-0717, dated March 10, 2014, the Department of Public Works issued Right-of-Way Use Permit, RW14-00125, on March 26, 2014, to Colorado Water Pipelines, LLC, to place an 18" water pipeline within the County Road 55 right-of-way, and WHEREAS, since that time staff from the Department of Public Works has received numerous complaints from area citizens which were investigated by staff, and WHEREAS, on the 19th day of May, 2014, a Hearing was held before the Board to determine whether or not there is sufficient probable cause that Colorado Water Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with certain provisions contained in Right-of-Way Use Permit, RW14-00125, and WHEREAS, after hearing testimony from the Department of Public Works and the applicant, the Board determined there is not sufficient probable cause that Colorado Water Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with certain provisions contained in Right-of-Way Use Permit, RW14-00125. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there is not sufficient probable cause that Colorado Water Pipelines, LLC, 9033 East Easter Place, Centennial, Colorado 80112, is out of compliance with certain provisions contained in Right-of-Way Use Permit, RW14-00125. t 2014-1504 EG0070 PROBABLE CAUSE HEARING - COLORADO WATER PIPELINES, LLC (RW14-00125) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: e-ICt ��,,,,,// 6-0--, e- Qrhrs( -er W Jdo%ce h as ademacher, Ch r Weld County Clerk to the Board n^ n 9 ahgAi, arbara Kirkmeyer, Pr -Tern BY: LCler (th o ^ �- Depu Clerk to the Board Sean P. Conway l ED FORM: TICS-1 C Mike Fre ounty Attorney 00-7.„..% it iam F. Garcia Date of signature: I n/7 i .ate �`` ♦ - ��B! 0 2014-1504 EG0070 Notice Pursuant to the laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Administration Building, 1150 0 Street, Assembly Room, Greeley,Colorado, at the time specified below. If a court reporter is desired for either hearing, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970)336-7215, Ext.4226,prior to the day of the hearing. The complete case file may be examined by calling the Department of Public Works at (970) 304-6496, Ext. 3764, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631, Persons unable to attend the hearing may provide written testimony to the Board of County Commissioners by regular mail delivered to P.O. Box 758, 1150 0 Street, Greeley, CO 80632 or by e-mail. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the hearing, please send a copy to ajoseph@co.weld.co.us or egesick@comeld.co.us. DATE: Monday, May 19, 2014 TIME: 9:00 a.m. APPLICANT: Colorado Water Pipelines LLC 9033 E Easter PI Centennial CO 80112 REQUEST: To show cause to determine if Right-of-Way Use Permit number RW14-00125, issued to Colorado Water Pipelines, LLC,to place an 18"water pipeline within the County right-of-way of WCR 55, shall be revoked. Members of the public will be invited to present testimony regarding the application. LOCATION: East and West right-of-way of WCR 55 between WCR 14 and WCR 22. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: May 6, 2014 HEARING CERTIFICATION RE: PROBABLE CAUSE HEARING TO DETERMINE IF RIGHT-OF-WAY USE PERMIT, RW14-00125, TO PLACE AN 18" WATER PIPELINE WITHIN COUNTY ROAD 55 RIGHT-OF-WAY, SHALL BE REVOKED—COLORADO WATER PIPELINES, LLC A public hearing was conducted on May 19, 2014, at 9:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Public Works representatives, Janet Lundquist and Amy Joseph The following business was transacted: (Clerk's Note: due to a technical problem, there is no audio recording for this hearing.) I hereby certify that pursuant to a notice dated May 6, 2014, a public hearing was conducted to show cause to determine whether Right-of-Way Use Permit, RW14-00125, issued to Colorado Water Pipelines, LLC, to place an 18" water pipeline within County Road 55 right-of-way, should be revoked. Brad Yatabe, Assistant County Attorney, made this a matter of record. Janet Lundquist, Department of Public Works, provided a history of this permit and complaints. On April 28, 2014, staff confirmed the applicant was trespassing on private property which was a violation of their permit. The applicant has worked with the property owner to mitigate that damage, but the Department was still requested to bring the issue before the Board. Bruce Barker, County Attorney, advised that a probable cause hearing should precede a show cause hearing — and this matter should be changed to 'probable cause'. He reviewed the pertinent code ordinance, and said the Board should use a process similar to USR proceedings. Tim McCarthy explained the pipeline crosses the Henrylyn Ditch, initially, they were trying to acquire a temporary construction easement from property owner, Bob Fritzler. Mr. Fritzler requested $10,000, the company felt that was too high; therefore, they came up with a plan to stay within the public right-of-way to do the work. Mr. McCarthy stated that the contractor realized where the ditch head walls were after getting started and made a decision in the field to move the work eight (8) feet to the east without requesting permission. Mr. McCarthy said when he was called by Mr. Fritzler, he went to the site and talked with Mr. Fritzler about what had happened and decided to honor the initial request of $10,000.00; Mr. Fritzler was given a check the next day. It was left as a verbal agreement because the damage had already been done and the bore was in place. CC --PvJ �L A.") 1-ZI- 20 JAI 2014-1505 EG0070 SHOW CAUSE HEARING CERTIFICATION - COLORADO WATER PIPELINES, LLC (RW14-00125) PAGE2 Bill Jerke, representing the developer, explained the affected property is non-critical/not planted and asserted the compensation was more than��cqa adequate. He stated it would be a mistake to pull the whole project due to this mistake. C-1 Mr. McCarthy confirmed the pipeline is already completed. Ms. Joseph explained some of the reclamations have been put temporarily on hold due to other work. Robert Fritzler, County resident, said he was specifically told the pipeline would not go onto his property, and at that time he stated he did not think that would be possible, and talked to his neighbors about negotiating together to get a fair share. Right after the hearing, he saw pipes dropped off on the east side of his property, not the west as was originally planned. He said to them "I don't think you can tunnel under the Henrylyn canal and stay in the row". They assured him they could. Then there was equipment on his land and a hole 10 feet onto his property. He spoke at length regarding the varying compensation. He said after the incident he was offered $1,000.00, then he accepted $10,000, but there was no paperwork, and the check has not been cashed; in addition, he was requested to keep the amount confidential. He said the Sheriff told him they cannot respond to allegations of trespassing, because it is a civil matter, and he would have to get a surveyor and a lawyer. Finally, he said damages should have been negotiated and he does not think this company acted in good faith. Bonnie Macintosh, surrounding property owner, stated she did not know the pipeline was going on her side of the road (east) until she heard the road grader ploughing up the front of her property, including her driveway, and that she was asked to move a tractor out of the way which was sifting on her own land. She said the application states the applicant talked to all the landowners but that is not the case, and she received no compensation. She also mentioned increased traffic on CR 55. Mr. Fritzler asked why the compensation varies so much, and, in response to Commissioner Conway, he confirmed that the pipeline is not actually laying on his property, but the hole is; the pipeline is on the edge. He added that he never agreed to a temporary easement. Commissioner Conway noted the pipeline is already completed. He asked what compensation would be fair. Mr. Fritzler replied $9.00 a foot, for a mile of pipeline, and he described the hole. In response to Chair Rademacher, Ms. Carter and Ms. Joseph reported that there are no other encroachments they are aware of. Mr. Barker confirmed that the property owners along the County's right-of-way do not get compensation as a matter of course, but it does sometimes occur. In response to Commissioner Conway, Mr. Barker said the standard fee for construction easements varies; the minimum amount for a temporary construction easement is $500.00. He noted the compensation to Mr. Fritzler is for a temporary construction easement (and the accidental encroachment), the hole is filled, and that crop damages will be paid to everyone on CR 55. Mr. McCarthy confirmed the pipeline itself is completely within the right-of-way. Ms. Carter explained the right-of-way is 60 feet, but it is not on the centerline. She also noted some farmers farm right up to the edge of the road and, under usual circumstances, the County has no objection. Commissioner Garcia noted this is an interesting issue; his initial impression is that the applicant paid what was requested. The company paid $10,000.00 for making this mistake, when the 2014-1505 EG0070 SHOW CAUSE HEARING CERTIFICATION - COLORADO WATER PIPELINES, LLC (RW 14-00125) PAGE 3 actual damages would have been around $324.00. He stated there is no reason to move forward on the probable cause. Commissioner Kirkmeyer concurred; she said this tough because the pipeline is already in place, and the Board does not have the authority to dictate negotiations with landowners; however, she expressed concern about the promises made in a lengthy hearing; she said when someone objects to encroachment and are assured it will not happen, they should be able to rely on that. She also noted that Colorado Water Pipeline did not bring the required evidence of all the signed agreements. She stated she is extremely disappointed in the way this company has treated Weld County constituents, and she will take into account regarding their future applications. Commissioner Conway also concurred. He added that he appreciates Mr. Fritzler's desire for everyone to be treated equally and fairly. He said it appears the contractor did a poor job of communicating with the applicant, and when the applicant was noticed they did move to rectify the situation. He referenced the previous hearing, stating that contractors are known to take liberties, but the mediation between the parties has already taken place. Commissioner Freeman concurred with his fellow commissioners. Chair Rademacher also concurred, and noted there is not a set price for pipeline per foot, which is why they negotiate with each landowner separately. Commissioner Garcia moved to not find probable cause, based on the recommendations of the Department of Public Works staff. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. This Certification was approved on the 21st day of May, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CW 6, ;re' o glas sLCy / k. Yjc.� Do glas Rademache , Chair Weld County Clerk to the Board _ Barbara Kirkmey r, Pro-Tem BY: ui) A.,, 7—C I� C— Depl Clerk to the Boar 7� 40,00.7 Sean P. Conway i = Mike Free andu. °r"% 'It l • . arcia `t • \On do/ 2014-1505 EG0070 From: Array Joseph To: Janet I undoing; law Mrnonald. Subject: Colorado Pipeline Date: Friday,October 03,2014 7:40:19 AM I have issued the stop work to the contractor and notified Colorado Pipelines as well. Thanks, Amy Joseph Engineering Tech III Permitting/Inspection Weld County Public Works (970) 304-6496 ext. 3764 (970) 381-3779 (cell) ajoseph@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Janet Lundquist Sent: Thursday, October 02, 2014 6:23 PM To: Amy Joseph; Jay McDonald Subject: ASAP Colorado pipeline needs to be stop ordered and we need to schedule a work session and potential show cause hearing. 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