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HomeMy WebLinkAbout20131320.tiffRESOLUTION RE: APPROVE SPECIAL CONSTRUCTION PROPOSAL AND AUTHORIZE CHAIR TO SIGN - CENTURY LINK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Special Construction Proposal between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and CenturyLink, commencing upon full execution of signature, with further terms and conditions being as stated in said proposal, and WHEREAS, after review, the Board deems it advisable to approve said proposal, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Special Construction Proposal between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and CenturyLink be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said proposal. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD CY, COLORADO Weld County Clerk to the Board BY: AP Dep 3W erk to the torney Li 13 Date of signature: JUN 1 2 2013 William F. Garcia, Chair Dougl.s Rade acher, Pro-Tem c_an�n P. Conway `Q 6 -km__ Mike Freeman EXCUSED Barbara Kirkmeyer ev 0)4k I tat{ 2013-1320 EG0068 MEMORANDUM TO: Clerk to the Board DATE: May 31, 2013 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda CDOT Project STU CO30-043 Weld SH 392/WCR 23 Road Improvement Project Utility Agreement with CenturyLink to lower a fiber and copper cable in a private easement in the amount of $50,566.69. Attached are two duplicate original contracts. Please return one signed original agreement to the Public Works Department. M\Francie\AGENDA memos\AgendaMlkeeedell-1.docx 2013-1320 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Century Link Utility Agreement for WCR 23/SH 392 Intersection Improvements DEPARTMENT: PUBLIC WORKS DATE: 5/23/13 PERSON REQUESTING: Wayne Howard. P.E. County Engineer Brief description of the problem/issue: The proposed road widening/improvements at WCR 23 and SH 392 will impact some existing Century Link facilities currently located in an existing private easement. The roadway construction will require lowering a fiber optic line and a copper phone cable. Century Link has agreed to perform this work at the project expense. This Utility Agreement entails reimbursement of the estimated costs in the amount of $50,566.69. These utility relocation costs are reasonable and eligible for reimbursement utilizing the approved grant funds being administered by CDOT. Weld County funds will be used to pay for approximately 20% of these utility relocation costs. What options exist for the Board: The Board can choose to sign or not to sign the attached Utility Agreement. The project cannot be completed without relocating the Century Link facilities to a new depth which is required underneath the new realignment for WCR 23. If the Utility Agreement is approved, Century Link will perform the relocation work shortly afterwards. Recommendation to the Board: Public Works recommends signing the Utility Agreement with Century Link. Approve Schedule Recommendation Work Session Comments William F. Garcia, Chair Douglas Rademacher Sean P. Conway Mike Freeman Barbara Kirkmeyer Attachments: Contracts/Agreements checklist for WCR 23/SH 392 Intersection Improvements. Century Link Utility Agreement for WCR 23/SH 392 Intersection Improvements. 1 CenturyLink- 5/23/2013 Weld County Attn: Stephanie Arries PO BOX 758 Greeley, CO 80632 Re: WINDSOR, CO BAN Number E487640 Stephanie Arries, Please review the attached Special Construction Proposal. If acceptable, return a signed copy and a form of payment for the total charges in the amount of $50,566.69. Please note, your job will not be scheduled until we are in receipt of the above. Send all documents and payments to: CenturyLink Asset Accounting - BART 700 W Mineral Ave Room NM P29.31 Littleton, CO 80120 Documents to include: • Signed Proposal • Payment After we have received the above from you, we will return one fully executed copy for your records. The fully executed Special Construction Proposal will constitute the agreement between you and Centurylink for the Work. NO ADDITIONAL TERMS AND CONDITIONS WILL BE ACCEPTED. Any questions regarding the scheduling of the work to be performed or decisions to cancel the work, please contact CenturyLink representative, Mark Fairchild at 303 707 2904. If you are interested in an electronic payment option, Electronic Funds Transfer (EFT) is available and instructions will be provided to you upon request. Asset Accounting Operations Email: sconstr@CenturyLink.com 720-578-8673 303-707-9970 fax endosures D/.� --/ c O r CenturyLink Contract No No Job Authorization No: E487640 Special Construction Proposal Date: 5/23/2013 Billing Address: Customer: Weld County Attention: Stephanie Arries PO BOX 758 Greeley, CO 80632 Work Location: Hwy 392 and WCR 23 County WELD WINDSOR, CO This Proposal is governed by the terms and conditions set forth herein as well as any applicable state or federal tariffs filed with the appropriate state or federal regulators. Description and/or specifications of work to be performed by Qwest Corporation d/b/a Centurylink QC ("Centurylink") under this Proposal ("Work") is as CenturyLink to lower a fiber and copper cable, 2 feet, for 550 linear feet, to clear the area for road and ditch construction. All of this work is being done in an existing 16.5' CenturyLink utility easement. Weld County / CDOT project STU C030-043 Advance Payment (required before work begins): $50,566.69 Total Charges: Fifty Thousand Five Hundred Sixty -Six Dollars and 69/100 For the Work performed hereunder, Customer will be responsible for these Charges only, unless a Change Order is signed by both parties. All Charges shall be paid prior to commencement of the Work ("Advance Payment"). For Governmental Customers only. CenturyLink will submit an invoice of charges upon completion of the Work, payable within forty five (45) days of receipt. All past due undisputed accounts will be assessed a late fee at 14% APR. Where applicable, Customer shall also be responsible for foreign, federal, state and local taxes assessed in connection with the Work, including without limitation, all use, sales, value added, surcharges, excise, franchises, commercial, gross receipts, license, privilege or other similar charges, whether charged to or against CenturyLink or Customer, but excluding any taxes based on CenturyLink's net income. "Note If applicable, the Work proposed here is separate from any work that may be performed pursuant to any other order or agreement, Including but not limited to a Pre -Service Request for cell site provisioning. This Proposal may be withdrawn by CenturyLink if not accepted by the Customer within 30 days. Upon execution by both parties, this Proposal and the terms and conditions of any applicable tariffs or Rates and Services Schedules on file with the applicable regulatory authorities shall constitute a binding agreement upon the parties. CenturyLink Authorized Signature: Name Printed/Typed: 7 a U Title: tnA>yAEiee- .Erl 'were Date: .5/i 61/3 Customer Authorized Signature: Name Printed/Typed: William"'F Garcia TItIe:Chair, Board of Weld 5buntv3 1 issioners Date: UUIV BUJ Proposal CenturyLink Page 1 Version• 6-04-2012 Hello