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Home My WebLink About20072739 RESOLUTION RE: APPROVE CONTRACT PROPOSAL FOR STATE HIGHWAY 52 AND COUNTY ROAD 13 PROJECT AND AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION 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 Contract Proposal for State Highway 52 and County Road 13 Project 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 Qwest Corporation, commencing upon full execution,with further terms and conditions being as stated in said contract proposal, and WHEREAS,after review, the Board deems it advisable to approve said work order, 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 Contract Proposal for State Highway 52 and County Road 13 Project 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 Qwest Corporation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said work order. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS �'�� WELD COUNTY, COLORADO : a ATTEST: p i 9I;. EXCUSED David E. Long, Chair Weld County Clerk totWee.: EXCUSED "1) Willie a Pro-Tem BY: D:., ty CI R to the Bo. d �. Willia F. arcia APP A • Robert D. Masden, Acting Chair Pro-Tem ounty Attorney lqg 4 .Sr Ida v7 Douglas ademache Date of signature: l l 2007-2739 (� ; /ZOO MA EG0056 S 09-�3-07 MEMORANDUM WIlD • TO: Clerk to the Board DATE: August 22, 2007 FROM: Wayne Howard, Public Works COLORADO SUBJECT: Agenda Item Please submit as an agenda item. Enclosed are: Two duplicate,original Work Orders with Qwest for the State Highway 52 and WCR 13 project. Please return one signed original Work order as soon as it is signed to Public Works. M:\Francie\Agenda Item.doc N 2l rt O i3— O� rn Ls. 3C in O " 3 0 (t@ N < 2Z C7f9 �-< J 2007-2739 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: SH 52 and WCR 13 Intersection Improvement and Signal DEPARTMENT: PUBLIC WORKS DATE: August 8, 2007 PERSON REQUESTING: Wayne Howard, Engineering Division Brief description of the problem/issue: Qwest currently has an existing fiber optic line located within a private easement along the new alignment of SH 52 and WCR 13. This project will be acquiring the land which contains this easement. Qwest is requiring relocation of the existing fiber optic line into a new easement located outside of the proposed SH 52 ROW. Qwest maintains their policy states that these facilities are not to be located within CDOT ROW. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either accept or not accept the relocation agreement. The costs for relocation are estimated at $32,503.83, and the relocation must be completed prior to the construction of the roadway the Spring of 2008. Qwest has taken the necessary steps to complete their relocation prior to our project. Not accepting this agreement could result in the SH 52 and WCR 13 project not meeting completion deadlines. Recommendation to the Board: Since Qwest has an existing private easement and we are constructing over their easement, I recommend approval for the relocation agreement. The costs for the relocation will be at Weld County's expense as Federal funding for the project is for construction only. Approve Schedule Recommendation Work Session Other David E. Long J William H. Jerke t� William F. Garcia CAL Robert D. Masden 1) Douglas Rademacher Attachments M:\—Active Projects\Strategic Corridor\WCR 13.from WCR8 to SH 52+\Design\Contracts\utilitities\QWEST\8-08-07 Work Session Request qwest sh 52.doc Q W 8 SContract No No t. Proposal Job Authorization No: H72A256 Spiny of Samoa Date: 8/2/2007 Billing Address: Work Location: Customer: Weld County Public Works Hwy 52 and County Road 13 Attention: Bob Patrick County Weld 1111 H Street Qacono, CO Greeley, CO 80632 Description and/or specifications of work to be performed by Qwest under this Proposal ("Work"): Special Construction to relocate fiber per easement change per customer request. if the scope of the work changes from the information provided by Weld County review plans set June 27 2007 a change order will be required and additional costs may occur. Advance Payment (required before work begins): $32,503.83 Total Charges: Thirty-Two_Thousand_Five_Hundred Three Dollars and 83/100 *For the Work performed hereunder by Qwest, Customer will be responsible for these Charges only, unless a change order is signed by both parties in accordance with Section 8 below. For outstanding balances, Qwest will submit an Invoice of Charges to Customer within forty five (45) days of completion of the work under this Proposal. Customer will pay the invoice within thirty (30) days of receipt. All past due accounts will be assessed a late fee at 14%APR. Qwest shall perform the Work in a professional manner, consistent with industry standards, shall be fit and sufficient for the stated purpose and shall conform to the Specifications. The Work to be performed under this Proposal shall be released to Construction for scheduling pending the return of the fully executed Proposal and receipt of the Advance Payment. This Proposal may be withdrawn by Qwest if not accepted by the Customer within 30 days. Qwest Corporation Authorized Signature Name Printed/Typed Ron Stevens Title: Manager General Accounting Date: Acceptance of this Proposal and all of its terms and conditions constitute a binding contract. The charges and specifications are satisfactory and are hereby accepted. Customer \.\\6O/ ► ,_ Authorized Signature 1, \\ O/ Name Printed/TvDed Robert D. Masden Title: Acting Chair Pro-Tem, Board of County Commissioners of Weld County Date: AUG 2 7 2007 NOTE: CONTRACT TERMS AND CONDITIONS ARE PRINTED ON PAGE 2 OF THIS DOCUMENT. Proposal -- Version:05-19-06 Page 1 ©2001 Qwest Corporation dan 7-.4239 r -- Qwest.---‘s. and Conditions Job Authorization H72A256 Spirit of Service The Proposal, these Terms and Conditions and all terms 7. Warranty. All workmanship is guaranteed against and conditions and the tariff, if applicable, constitute the defects for a period of six (6) months from the date of entire Agreement and supersede all previous agreements completion. THIS WARRANTY IS IN LIEU OF ALL OTHER between Qwest and Customer relating to the Work and WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT related subject matter hereof. No other terms and NOT LIMITED TO, ANY OTHER WARRANTY OF conditions are applicable,including but not limited to terms MERCHANTABILITY OR FITNESS FOR A PARTICULAR and conditions attached to Customer's Purchase Order PURPOSE. The exclusive remedy for Customer under this (PO). Proposal shall be that Qwest will re-perform any part of its work which is found to be defective. In the event the 1. Customer Responsibilities. Customer shall furnish all facilities Qwest rearranges in accordance with this Proposal surveys and a description of the site. Customer shall be are owned by the Customer, in addition to re-performing the responsible for, and secure and pay for all necessary Work, Qwest will agree restore the work location to its permits, approvals, easements, assessments and any other original condition. Qwest shall not be responsible for charges required for the Work to be performed under this damage to its work by other parties or for improper use of Proposal and provide copies of the same, along with any the equipment by others. filing information if applicable, to Qwest upon demand. Qwest shall be under no obligation whatsoever and the 8. Changes. Changes in the Work,an adjustment to the Customer assumes all responsibility to contact and make proposal price or the timeframe for the Work shall be made arrangements with any third parties, such as power by change order specifically stated in writing. The cost or companies, railroads, cable companies, or other credit to the Customer from a change shall be determined by telecommunications companies to arrange for the relocation mutual agreement. of wires and equipment or the temporary disconnection of the transmission of electricity.Customer agrees to indemnify 9. Safety and Environmental Conditions. Customer Qwest for any claims, damages or expenses related to understands and acknowledges that should Qwest Customer's failure to obtain the necessary permissions or encounter a hazardous substance and determine that such perform such other responsibilities described herein. substance presents a health or physical hazard,Qwest may, without penalty,discontinue work under this contract. 2. Qwest Responsibilities. Qwest shall supervise and direct the Work under this Proposal and shall be solely 10. Termination. In the event Customer elects to responsible for construction means, methods, techniques, abandon the project and terminate this contract for sequences, procedures of the Work and any safety Customer's convenience, Qwest shall be paid for all Work precautions associated with the Work hereunder. executed and any expense sustained plus a reasonable profit. 3. Concealed/Subsurface Conditions. Should concealed conditions be encountered below the surface of the ground, or in an existing structure, during the performance of the 11. Title to Equipment and Facilities. Title to, and Work, differing materially from those ordinarily encountered ownership of all lines,equipment and other property installed and generally recognized as inherent in the Work, the or constructed by Qwest in connection with this Agreement Proposal Charges shall be equitably adjusted by change or the provisioning of Service is and remains with Qwest. order upon written claim by either party made within twenty Customer does not own facilities placed as a result of the (20)days after the first observance of such conditions. Work performed under this Proposal, those facilities are owned solely by Qwest. 4. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, 12. Telecommunications Services. This Proposal is INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES independent,separate,and distinct from any local exchange OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY or other telecommunications or other service Qwest currently LOSS OF USE, LOSS OF BUSINESS OR LOSS OF provides,or may provide in the future to Customer,whether PROFIT;provided,however,there shall be no limitation on a or not Qwest provides or may provide such services to party's liability to the other for any fines or penalties imposed Customer using the Qwest equipment and facilities to which on the other party by any court of competent jurisdiction or this Proposal refers. As such, Customer shall be federal, state or local administrative agency resulting from responsible for paying for such other local exchange or other the failure of the party to comply with any term or condition telecommunications or other services separate from the of this Agreement or any valid and applicable law, rule or payment requirements of this Proposal. regulation. 13. Routing of Services. In connection with providing 5. Force Majeure. In the event the performance of Qwest telecommunications or other services over the facilities is interrupted or prevented by an event, not due to its own placed as a result of the Work performed under this fault, that was not reasonably foreseeable and could not Proposal, Qwest may select and use any switches, other have been prevented through the exercise of reasonable equipment,software,or facilities that Qwest chooses. In the care ("Event of Force Majeure"), then the performance of event of out-of-service conditions of any kind, which affect Qwest's obligations hereunder shall be suspended until such facilities described in the Proposal,Qwest may take steps to time as the Event of Force Majeure has been eliminated. supply alternate routes,switches,equipment,and facilities to Qwest shall use its best effort to eliminate an Event of Force correct such out-of-service conditions of any services using Majeure. the affected facilities. 6. Disputes.Any claim,controversy or dispute between the parties shall be resolved by binding arbitration in accordance with the Federal Arbitration Act,9 U.S.C. 1-16,not state law. Proposal Version 05-19-06 . . Page 2 ©2001 Qwest Corporation QWEST PROPOSAL JOB AUTHORIZATION NO.H72A256 SH 52 AND WCR 13 DATE:7-23-07 PAGE IA Acceptance of this Proposal and all its terms and conditions constitute a binding contract. The charges and specifications are satisfactory and hereby accepted. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Qwest BOARD OF COUNTY COMMISSIONERS OF W OUNTY,STATE� OF COLORADO a ----- �'s � _.. By: � 6. //Y/-- Robert D. Masden AUG 2 7 2001 Title: 112a nn jier - Gene,-,i/ Acrn,,nv7Title: Acting Chair Pro-Tem f . S fte A. T: GtrG'C t /ter ; UNTY CLERK TO THE BOARD AS 1 k'� y Cdr� (kw ffIN Oa the Board ace 2- a739 Hello