HomeMy WebLinkAbout20223351.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RELOCATION OF FIBER OPTIC LINES FOR
STONEHAM DRAINAGE AND ROADWAY PROJECT AND AUTHORIZE CHAIR TO
SIGN - STONEHAM COOPERATIVE TELEPHONE 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 an Agreement for Relocation of Fiber
Optic Lines for the Stoneham Drainage and Roadway 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 Stoneham Cooperative Telephone Corporation, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Relocation of Fiber Optic Lines for the Stoneham
Drainage and Roadway 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 Stoneham Cooperative Telephone Corporation, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: did.%) �kr , ,o;4.
Weld County Clerk to the Board
B
Deputy Clerk to the Board
APPR.VED AS TO FO
ounty Attor ey
Date of signature: 12 /12 /22
cott K. James, Chair
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2022-3351
EG0080
Con�ac� 0116531
1053
MEMORANDUM
TO: Esther Gesick, CTB DATE: November 30, 2022
FROM: Erich Green, P.E., L.S.I. Public Works
SUBJECT: Stoneham Coop Telephone Corp Fiber Optic Utility
Relocation Agreement
Please place the attached Stoneham Coop Telephone Corp Fiber Optic Utility Relocation Agreement on
the BOCC agenda. This item was approved by all 5 Commissioners on a pass -around dated November
18, 2022.
The purpose of the Agreement is to define the rights and responsibilities of Weld County and Stoneham
Coop Telephone Corp. (SCTC) related to the proposed drainage improvements project in Stoneham.
Weld County's total funding contribution is in the amount of $13,112.50 in order to provide for SCTC's
reasonable relocation or lowering expenses. For more information regarding the project scope and the
Agreement, please refer to the pass -around.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this Agreement.
2022-3351
12/05 Eel 00 a0
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Stoneham Coop Telephone Corp. Fiber Optic Utility Relocation Agreement
DEPARTMENT: Public Works DATE: November 18, 2022
PERSON REQUESTING: Erich Green / Don Dunker
Brief description of the problem/issue:
The recently approved Weld County Public Works CIP includes a Drainage Project for Town of Stoneham. Weld
County Public Works Staff has provided plans for roadway improvements that will allow the majority of
stormwater drainage from frequent storm events (i.e. 2 -year and 5 -year storms) to be conveyed through town
within the existing public roadways. The existing public roadways are already maintained by Weld County Public
Works, and the improvements are scheduled to be constructed in 2023.
The proposed improvements impact an existing fiber optic utility owned by Stoneham Coop Telephone Corp.
(SCTC). The affected utility is East of the grain elevator on the East side of Marble Ave within Weld County land
interest, and it contains 144 individual fibers (see attached plan). Design alternatives were explored; however,
the alternatives would increase project cost/complexity and long-term maintenance responsibility for Weld
County and may not eliminate a required relocation of the affected utility.
We attended Stoneham Coop Telephone Corp.'s meeting on the evening of October 12, 2022 to present and
discuss our design and its impacts to their utility. While the discussion was positive, we were informed that SCTC
has no budget for relocation of its utilities and cannot perform the work in-house. SCTC has therefore provided
the attached quote to perform the required relocation, along with a letter asking for Weld County to agree to pay
the costs (totaling $13,112.50). For the drainage improvements to move forward as planned, we recommend
that the Board pay the existing utility relocation costs by approving the attached Utility Relocation Agreement.
The Utility Relocation Agreement has been reviewed by the County Attorney's Office.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve the Utility Relocation Agreement
• Schedule a Work Session
Recommendation:
Public Works staff recommends approving the Utility Relocation Agreement and placing it on the next available
Agenda for approval.
Approve Schedule
Remen dation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Seine
AGREEMENT FOR RELOCATION OF FIBER OPTIC LINES
BETWEEN STONEHAM COOPERATIVE TELEPHONE CORPORATION
AND WELD COUNTY
FOR THE STONEHAM DRAINAGE AND ROADWAY PROJECT
THIS AGREEMENT, made and entered into this 5'day of PgCeMbt fy 2022, by and
between Stoneham Cooperative Telephone Corporation, a Colorado corporation with a Colorado
office at P.O. Box 56 Stoneham, Colorado 80754, (hereinafter called "SCTC") and THE COUNTY
OF WELD, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, at P.O. Box 758, 1150 O Street, Greeley, CO 80632
(hereinafter called "County").
WITNESSETH:
WHEREAS, to promote the safety of the citizens of County and other members of the
travelling public, County has undertaken the construction of a public improvement project, known
as the Stoneham Drainage and Roadway Project, (hereinafter the "Project"), and
WHEREAS, SCTC owns fiber optic lines and facilities located in the east side of Marble
Avenue right-of-way, and
WHEREAS, SCTC is willing to relocate or lower the existing fiber optic lines (the
"Work"), and
WHEREAS, in recognition of a justifiable portion of the costs which will be incurred by
SCTC to relocate or lower the facilities, County agrees to pay the relocation or lowering invoice
for those reasonable expenses, and
WHEREAS, SCTC will contract with a company MasTec which has the experience and
expertise needed to relocate or lower said facilities and is willing to do so subject to an agreed
amount by the County for the justifiable portion of the costs incurred for said relocation or
lowering.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereby agree as follows:
I. SCTC RIGHTS and RESPONSIBILITIES
1. SCTC Fiber Optic Lines Relocation or Lowering: SCTC shall relocate or lower
the existing fiber optic lines as depicted on the Project Engineering Drawings, (a portion of which
is attached hereto as Exhibit A and by this reference made a part hereof). The existing facilities
shall be relocated or lowered. The relocated or lowered facilities will be located in Weld County
right-of-way. All work necessary to accomplish the SCTC facilities relocation or lowering shall
be performed in accordance with SCTC specifications, in accordance with the professional
standards governing such Work and the provisions of this Agreement and shall conform to the
performance standards and requirements set forth herein and in all Exhibits.
1
2. Relocations Not to Conflict with Improvements: SCTC shall relocate or lower
its facilities as described and shown on Exhibit A, so that they can accommodate the common use
of the property with the proposed roadway improvements or other utility locations and/or
relocations. SCTC shall provide horizontal/vertical as -built survey information to demonstrate
that the facility was relocated or lowered to achieve the minimum final depths of cover depicted
in Exhibit A.
3. Timing of Facilities Relocation: SCTC shall commence the Work upon
receipt from the County of a fully executed copy of this Agreement; and receipt of the Deposit as
defined below. SCTC shall use commercially reasonable efforts to complete the Work prior to
March 31, 2023.
4. SCTC Responsible for Traffic Control: Throughout the relocation process,
SCTC agrees that it shall be responsible for coordination of traffic control as established by the
most recent version of the "Manual on Uniform Traffic Control Devices" (MUTCD).
5. SCTC Shall Obtain Right -of -Way Permits: SCTC contractor shall obtain all
necessary permits from County required for its facilities relocation or lowering work.
II. COUNTY RIGHTS and RESPONSIBILITIES
1. Estimates of Relocation Expenses: County has agreed to reimburse SCTC for the
expenses incurred in fulfillment of its obligations under this Agreement set forth in Exhibit B.
2. Increases/Decreases in Estimated Expenses: SCTC has estimated the
County portion of the total cost of said relocation or lowering to be $13,112.50, which includes
specific work outlined in Exhibits A and B. Prior to SCTC commencing the Work, the County
shall deposit the sum of $13,112.50 with SCTC (the "Deposit") which represents 100% of the
SCTC Contractors Project Estimate. If final actual costs of relocation are less than the estimated
amount, SCTC shall invoice the County for the actual costs only and refund the excess amount
from the deposit. If the final relocation costs exceed the attached Exhibit B, County shall pay those
reasonable additional expenses incurred. County shall pay the balance within thirty (30) days of
the completion of the work and receipt of an invoice from SCTC.
3. County to Stake Right -of -Way: County shall establish and stake the County
right-of-way within the work area prior to relocation or lowering of the SCTC facilities. County
shall provide survey control information to SCTC for their use in obtaining as -built survey
information. County shall have the right to independently verify the relocation or lowering to
confirm that said relocation is sufficiently clear of Project construction work.
4. County's Right to Terminate: The County may terminate this Agreement at
any time prior to SCTC's commencement of Work. In such an event, the County shall pay SCTC
for all expenses which were incurred by SCTC for materials and equipment purchased or ordered
and paid for by SCTC, which cannot be returned for a refund, prior to the date of termination.
2
III. MISCELLANEOUS
1. Board of County Commissioners of Weld County Approval: This Agreement
shall not be valid until it has been approved by the Board of County Commissioners of Weld
County or its designee.
2. Agreement Binding: This writing, together with the exhibits, constitutes the
entire Agreement between the parties hereto with respect to the subject matter herein, and shall be
binding upon said parties their officers, employees, agents, and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties.
3. No Third Party Beneficiary: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
4. Time of the Essence: Time is of the essence in each and all of the provisions
of this Agreement.
5. Fund Availability: This Agreement assumes that the relocation of the facilities
will be completed on or before the end of the County's fiscal year. Financial obligations of the
Board of County Commissioners of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By execution of this Agreement, County does not warrant funds will be available to fund
this Agreement beyond the current fiscal year (December 31, 2023).
6. Severability: If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent
of the parties.
7. Attorney Fees/Legal Costs: In the event of a dispute between County and
SCTC, concerning this Agreement, the parties agree that neither party shall be liable to or
responsible forthe payment of attorney fees and/or legal costs incurred by or on behalf of the other.
8. Governmental Immunity: No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq.,
as applicable now or hereafter amended.
3
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed
an original, on the date first written above.
STONEHAM COOPERATNE TELEPHONE CORPORATION
By: Qtv T I I p November 23, 2022
Date
Title: Anthony G Picciano
Pees; a.,N1-
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
f,/. GI14A) J ,:,1
Weld Co iy Clerk to the Bo
BY. Ll.ti.Y' Al1.111 .�
Deputy Clerk to ? l e Bo - d j
1
I
4-(C.ames, Chair
DEC 0 5 2e22
4
2 t'2 3.5
Stoneham Cooperative Telephone Corporation
PO BOX 56
Stoneham, CO
970-735-2251
Dear Erich,
80754
It was nice to meet you in person to discuss this up coming project We are willing to help out in any
way possible Enclosed is a bid from the contractor we work with to install fiber If you wish to proceed
and are agreeable to pay for all costs for the relocation of the fiber please let us know so we can get the
project scheduEed
Please let me know if you have any questions or need any additional information
Sincerely,
Aimee Dollerschell
Manager
:•MasTec
Mastec North America. Inc.
4 Industrial Park
Johnstown. CO 80534
Tel: 970-587-4250
Fax: 970-587-4252
Stoneham Fiber Lowering
Schedule of Unit Prices
Date:/
October 19, 2022
Unit
Description
Unit
Est.
Quantity
Unit
Price
Total
Price
Unit
Mobilization
LS
1
$5,000.00
$ 5,000.00
1
2
Lower existing fiber in duct 3'
LF
275
$29.50
$ 8,1 12.50
3
Materials
1
,
2
3
Total
$13,112.50
Authorized Signature
Quinton Taylor
Date
10/19/2022
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CALL UTILITY NOTIFICATION
CENTER OF COLORADO
. a,..
t�aWillam4►
CALL 2 -BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE. OR EXCAVATE
FOR THE MARKING OF UNDERGROUND
MEMBER UTILITIES
Computer File Information
Creation Date: 3/10/2022
Initials E. GREEN
Last IAoaihed Date: 11/17/2022
Inrdals E. GREEN
Full Patn M kPROJECTS OESIGM5TONEHAN, DRAINAGE
IMPROVEMENT SIPROD11C_TION DWG5
Drawing File Name: STONEHAM PLAN & PROF FIBER OPTIC 1.DWG
AutoCAD Version 2021 Scale AS NOTED Units English
ndex of Revisions
Comments
Initiails
WELD COUNTY
As Constructed
•
grit .
PUBLIC WORKS DEPARTMENT
1111 H. STREET
P.O. BOX 758
GREELEY, CO. 80632-0758
PHONE (970) 356-4000
FAX (970) 304-6497
No Revisions
STONEHAM DRAINAGE IMPROVEMENTS
P&P (FIBER OPTIC 1)
Project No./Code
Revised
Void
Designer E. GREEN
Detailer E GREEN
i
RC -122
Sheet Subset
Sh•ee!
Sheet Number 61 of 6E
Contract Form
New Contract Request
En
ration
Entity Name* Entity ID*
STONEHAM COOPERATIVE TELE CORP P00043901
Contract Name*
UTIUTY RELOCATION AGREEMENT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6531
Contract Lead*
EGREEN
Contract Lead Email
egreen@co.weld.co.us
Contract Description*
AGREEMENT FOR RELOCATION OR LOWERING OF FIBER OBTIC UTILITY.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$13,112.50
Renewable*
NO
Automatic Renewal
Grant
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@vveldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BRUCE BARKER
County Attorney Email
RBARKERiCO. WELD. CO. US
Requested BOCC Agenda
Date*
12/05/2022
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
12/01;2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Ci
Effective Date
Termination Notice Period
11,05/2023
Committed Delivery Date
Renewal Date
Expiration Date*
12/05/2023
Contact Information
Contact Info
Contact Name
PU rcha.sin
Purchasing Approver
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
11/30/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
12/05/2022
Originator
EGREEN
Contact Type Contact Email
Finance Approver
CHERYL PATTELLI
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
12/01/2022
Tyler Ref #
AG 120522
Legal Counsel
MATTHEW CONROY
Contact Phone 2
Legal Counsel Approved Date
12/01/2022
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