HomeMy WebLinkAbout880308.tiff RESOLUTION
RE: APPROVE TRENCH AND BACKFILL AGREEMENT WITH THE MOUNTAIN
STATES TELEPHONE AND TELEGRAPH COMPANY AND AUTHORIZE CHAIRMAN
TO SIGN
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 Trench and
Backfill Agreement with The Mountain States Telephone and
Telegraph Company, and
WHEREAS, said Agreement concerns development of the Weld
County Business Park PUD, which is located in the Ni of Section
31 , Township 5 North, Range 65 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, with the terms and conditions being as
stated in the Agreement, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Trench and
Backfill Agreement with The Mountain States Telephone and
Telegraph Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
April, A.D. , 1988 .
-f BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL OUNTY, COLORADO
Weld County lerk and Recorder
and Clerk to the Board Gene R. rantner, Chairman
EXCUSED
AS ' __/ C.W. Kirby, Pro-Tem
Deputy County lerk
APPROVED AS TO FORM: Ja que «' - 'TinsoOVics.._- QC Gor o -
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County Attorney ate.,y .x . �xr✓-.
Frank !maguchi
880308'Pie/P > � �� ��
10-85
CONTROL NUMBER 1251100661
JOB NUMBER CS-9UA6
TRENCH AND BACKFILL AGREEMENT
THIS AGREEMENT entered into this 27th day of April 19 88 , by
The Mountain States Telephone and Telegraph Company, a Colorado Corporation
(hereinafter referred to as "Company") and Weld County Government
(hereinafter referred to as "Developer");
WITNESSETH:
RECITALS:
The developer has planned to undertake construction of a development known as
Weld County Business Park PUD
which is more fully described as being located in N1 of Section 31, lownshlp
5 North, Range 65 West of the 6 P.M.
The Company has been requested by The Developer to provide telecommunication
facilities, more specifically: Buried Feeder and Distribution Cable
COVENENTS:
In consideration of the mutual covenants and conditions here set forth, it is
hereby agreed by and between The Company and The Developer as follows:
1. The Developer will provide adequate trenches, as specified on the Work
Order prints (attached hereto as Exhibit A and incorporated herein by
this reference) , and backfill operations necessary to place said
facilities in the aforementioned development in accordance with the
tariffs of the Company presently on file with the Public Utilities
Commission.
2. The Developer agrees to select start and completion dates for trench
excavation and backfill which are compatible with the Company's
engineering, material ordering and construction schedules. The
Developer hereby agrees to begin trench excavation within the
development, five (5) days from the date the Company's Representative
notifies the Developer that the material is available (the start date).
Time is of the essence, and the Developer shall complete the work called
for under this Agreement as soon as practicable, but not later
than (3) three working days from the start date.
Trench must be maintained by the Developer for a minimum of 3 days to
allow the company time to place it's facilities. The Developer shall
provide backfill sufficient to protect the Company's cables after cable
placement. Any modifications in the time limits within which the work
is to be completed must have the prior approval of the Company's
Representative.
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3. If the Developer has not started trench excavation within fourteen (14)
days of the start date, the Developer agrees to reimburse the Company
for any carrying charges, penalty fees and fees and shipping costs
related to the storage, return and reorder of materials associated with
the said mentioned facilities. Lost time suffered by the Company's
forces due to trench failures or insufficient trench will be reimbursed
to the Company at the completion of the backfill operation.
4. The Developer shall obtain the necessary legal authority for the Company
to occupy public and private rights-of-way to install and maintain its
facilities within the development. The obtaining of any other permits,
licenses, bonds or other necessary permission to move, park and maneuver
equipment on the job, store tools and materials, barricade or close
streets, alleys or walks, and to use electric power, water and sewers,
and to dispose of soil within the development, shall be the
responsibility, at the expense of, and in the name of the Developer.
5. The Developer's trench and backfill operation shall conform to the
National Electric Safety Code (NESC) , and the Company's approved job
prints. All trenches provided by the Developer shall be within
rights-of-way, or the dedicated easements of the development and within
6 inches of final grade. The Company shall inspect the trench and
backfill. In the event of replatting, rezoning, change of grade or
change of use, the Developer shall bear the full expense of relocation
of replacement of all affected telecommunications facilities.
6. The Developer agrees to take necessary safety procautions as required by
Federal, State and local authorities to protect pedestrian and vehicular
traffic in the development, which include but are not limited to:
maintaining adequate warning signs, barricades, lights, guard fences,
walks and bridges.
7. The Developer shall restore all improved and unimproved surfaces to
their original condition, in accordance with the governmental authority
having jurisdiction in the development and guarantee said restorals
against settlement or other defects for a period of two (2) years from
the date of final acceptance of the work by the Company,
8. The Developer assumes full responsibility for and shall idemnify and
hold harmless, the Company, its agents and employees from and against
any and all claims, losses, actions, damages, expenses and all other
liabilities including but not limited to cost and attorney's fees,
arising out of or resulting from the performance of the Developer
pursuant to this Agreement or failure to perform the work if any such
liability is attributable to injury to or death of any person or damage
to or destruction of any property, whether belonging to the Company or
to another, including the loss of use of such property and revenues
there from, excepting only injury, death, damage or destruction to the
extent it is caused by negligence of the Company.
8803n8
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9. The Developer shall coordinate with the following Company Representative:
The Mountain States Telephone and Telegraph Company.
Devi Kautz
1853 South Flatiron Court
Boulder, Colorado 80306
303-441-1214
10. This Agreement shall be construed according to the law of the State of
Colorado
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first appearing on this agreement.
THE MOUNTAIN STATES TELEPHONE
AND TELEGRAPH COMPANY.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(Develo e )
BY Jdl P) / l/ '�� By AL Al diffi
Gene R. Brantner, Chairman
Title: Chairman Title: ((.-ras.:z' J )4)CM/I7 41
ATTEST/W .cN.ESS
(
eputy County C rk
880328
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'Mountain Bell
A US WEST COMPANY
Greeley, -Colorado
April 18, 1988
Dear Weld County Government:
Enclosed are two copies of the Mountain Bell Trench and Backfill agreement.
Please read, sign and return one of the copies to Devi Kautz, 1855 South
Flatiron Court, Boulder, Colorado 80306.
You will receive copies of the Land Development Agreement from our Denver
office.
Should you have any questions or require additional information please
call me on 350-2914.
Yours Truly,
Sue Skaley
Asst.Manager
-Enclosure
SS/do
8801'13
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