Loading...
HomeMy WebLinkAbout20212075.tiffRESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF 50 PAIR TELEPHONE LINE FOR COUNTY ROADS 80 AND 37 INTERSECTION PROJECT AND AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION, DBA CENTURYLINK QC 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 50 Pair Telephone Line for the County Roads 80 and 37 Intersection 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, dba CenturyLink QC, commencing upon full execution of signatures, 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 50 Pair Telephone Line for the County Roads 80 and 37 Intersection 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, dba CenturyLink QC, 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 19th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD QOUNTY, COLORADO ATTEST: ditife/t) G: JClto•ok. Weld County Clerk to the Board Date of signature: O7/27(9 Steve reno, Chair S •�1- mes, Pro- rry L. Bu ike Freeman CC: PAR/cWcK) 07/27/2 2021-2075 EG0079 6r7,4-,,,e,t/0? MEMORANDUM TO: Esther Gesick, CTB DATE: July 7, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: CenturyLink Relocation Agreement for CR 80 & CR 37 Intersection Project Please place the attached Purchase and Sales Agreement on the BOCC agenda. The agreement is for the relocation of a CenturyLink fiber optic and telephone line that runs in an easement along the east side of the CR 80 and CR 37 intersection. Since the CenturyLink lines are in an easement, Weld County is responsible for paying for the relocation of the lines. The agreement has been reviewed and accepted by the County Attorney's office and CenturyLink's agents. The BOCC reviewed the in a pass around that was returned on July 7, 2021. All five commissioners approved the recommendation to place the agreement on the BOCC agenda for signature. The cost of the relocation is expected to cost approximately $46,000. The cost of the relocation has been accounted for in the 2021 budget. I will attend the BOCC meeting to answer any questions the BOCC may have. 2021-2075 IPage 1 of 1 { l M:\ —Active Projects\WCR 80 & WCR 37 Intersection\Design\Utilities\CenturyLink\CenturyLink Relocation Memo to CTB .docx BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 80 and CR 37 CenturyLink Relocation Agreement DEPARTMENT: Public Works PERSON REQUESTING: Clay Kimmi, Elizabeth Relford DATE: July 1, 2021 Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 80 and CR 37 project which is slated to begin construction in November of 2021. During the design phase of the project, it was determined that a portion of CenturyLink's infrastructure is located in a private non-exclusive easement and part of it is located in the existing ROW. Since CenturyLink is partially located within an easement, Weld County is responsible for reimbursing CenturyLink for the portion of the relocation that is in the easement. CenturyLink is responsible for paying for the portion of the relocation that is in the existing ROW. The County is acquiring a new non-exclusive easement to replace the one that we are buying over the top of. The easement is located on the east side of CR 37 outside of the new ROW being acquired for the project. Along CR 37, CenturyLink will relocate into the new easement. Along CR 80, CenturyLink will relocate from the existing ROW (under CR 80) to the new ROW (along the south side of the ROW outside of the roadway). The portion of the relocation costs that the County is responsible for is approximately $46,000. The attached agreement outlines each parties responsibilities. In order to be reimbursed, CenturyLink will have to submit itemized invoices showing their expenses. The agreement specifies that CenturyLink has to relocate between August 1, 2021 and October 31, 2021. The County's construction is anticipated to start in November 2021. The agreement has been reviewed and accepted by both the County Attorney's office and CenturyLink's attorneys. CenturyLink has already signed the agreement. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The BOCC can sign the relocation agreement authorizing a reimbursement cost not to exceed $46,000. 2. The BOCC can decline to sign the agreement which will delay the start of the construction project and may affect the $1,000,000 DOLA grant that the County has for the project. 3. The BOCC can ask for a work session. Recommendation: Public Works recommends Option 1 which is signing the agreement authorizing a reimbursement cost not to exceed $46,000. This option allows the County to maintain its construction schedule. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine ADDrove Recom endation ,MF Sletir Schedule Work Session Other/Comments: AGREEMENT FOR RELOCATION OF 50 PAIR TELEPHONE LINE BETWEEN QWEST CORPORATION AND WELD COUNTY FOR THE WELD COUNTY ROAD 80/37 INTERSECTION PROJECT id - THIS AGREEMENT, made and entered into this /day o , 2021, by and between Qwest Corporation d/b/a CenturyLink QC, Attention: Con cti Services, at 100 CenturyLink Dr., Monroe, Louisiana, 71203, (hereinafter called "CenturyLink") and Weld County, 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 Weld County and other members of the travelling public, County has undertaken the construction of a public improvement project, known as the WCR 80/37 Intersection Project, (hereinafter the "Project"), and WHEREAS, to construct the Project, County has acquired property rights from private property owners to utilize as WCR 37 right-of-way, and WHEREAS, CenturyLink owns a 15 foot permanent easement (Easement) and a 50 pair telephone line currently located outside of the WCR 37 right-of-way on the Waag properties, and WHEREAS, the property burdened by the Easement is within the WCR 37 right-of-way being acquired to complete the Project, and WHEREAS, CenturyLink is willing to relocate the existing 50 pair telephone line located in the future WCR 37 right-of-way and abandon its Easement to facilitate the construction of the Project, and WHEREAS, County is willing to acquire a replacement easement and reimburse CenturyLink for the expenses it will incur as a result of the relocation of its 50 pair telephone line. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: I. CENTURYLINK RIGHTS AND RESPONSIBILITIES 1. CenturyLink 50 Pair Telephone Line Relocation: CenturyLink shall relocate the existing 50 pair telephone line outside the boundaries of the Project. The existing telephone line shall be removed and relocated to the permanent easements after acquisition by the County on CenturyLink's behalf. All work necessary to accomplish the CenturyLink relocation shall be performed in accordance with CenturyLink's specifications, in accordance with accepted engineering practices, and in compliance with all applicable Weld County, State of Colorado and Federal laws, rules and regulations. 2. CenturyLink 50 Pair Telephone Line Relocation Not to Conflict with Improvements: CenturyLink agrees that the new location of the relocated telephone line shall not conflict with the 7 proposed roadway improvements or other utility relocations as depicted on Exhibit A (Project Diagram). 3. CenturyLink Vacation/Abandonment of Existing Easement: CenturyLink's Easement (which was recorded on March 14, 1991 as Reception Number 2243867) shall automatically be deemed vacated and abandoned upon execution and recordation of the replacement easement(s) described and depicted in Exhibit C. 4. Timing of Relocation: CenturyLink shall complete the relocation and removal of the existing facilities between August 1, 2021 and November 1, 2021. In the event that it is not possible to relocate the facilities by the due date, CenturyLink shall notify Weld County of the potential delay. Weld County may extend the deadline provided the new deadline does not impact Weld County's construction schedule. 5. CenturyLink Responsible for Traffic Control: Throughout the relocation process, CenturyLink agrees that it shall be responsible for coordination of traffic control if necessary and as established by the latest version of the "Manual on Uniform Traffic Control Devices" (MUTCD). 6. CenturyLink Shall Obtain Permits: CenturyLink shall obtain all necessary permits from County required for its relocation work. 7. Reliance on CenturyLink Expertise: The County and CenturyLink recognize that the County is relying solely on CenturyLink to perform the relocation of the 50 pair telephone line in a manner which will ensure the future integrity of the road improvements to be constructed by the County. Therefore, as part of its assurances under this Agreement, CenturyLink affirms that it has enough liability insurance, to satisfy any claim of negligence, intentional wrongful acts or other acts or omissions which may arise because of any failure of the road caused by an improper relocation of the facility. 8. CenturyLink Warranty: CenturyLink warrants that all work performed under this Agreement will be performed in a manner consistent 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 the Exhibits. 9. CenturyLink's Responsibility to Indemnify and Additional Agreements: CenturyLink shall defend and indemnify County from and against loss or liability to the extent arising from its acts, errors or omissions in seeking to perform its obligations under this Agreement. CenturyLink is liable for any damage to any third parties to the extent caused by their relocation work, including but not limited to, damage to agricultural or other infrastructure. Notwithstanding the foregoing, CenturyLink's obligations and liability in this section shall not apply to any loss or damage to the extent caused by the County's willful or wanton acts or omissions. II. COUNTY RIGHTS AND RESPONSIBILITIES 7 1. Estimates of Relocation Expenses: County has agreed to reimburse CenturyLink for the expenses incurred in fulfillment of its obligations under this Agreement as set forth in Exhibit B, estimated to be $46,000.00. 2. Increases/Decreases in Estimated Expenses: CenturyLink has estimated the total cost of said relocation, which includes specific work outlined in the Exhibit B. If final actual costs of relocation are less than the estimated amount, CenturyLink shall invoice the County for the actual costs only. If the final relocation costs exceed the attached Exhibit B, County shall pay those reasonable additional expenses up to a maximum of an additional five percent (5%). 3. County to Stake Right -of -Way and Easements: County shall establish and stake the County right-of-way within the work area prior to relocation of the 50 pair telephone line. County shall verify the relocation 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 CenturyLink's commencement of relocation construction. In such an event, the County shall pay CenturyLink for all expenses which were incurred by CenturyLink related to the Project, including but not limited to engineering, materials, equipment, surveying, crop damages, right-of- way payments, paid for by CenturyLink, prior to the date of termination. 5. County to Provide Replacement Easement: The County has agreed to purchase the replacement easement(s) for the benefit of CenturyLink as depicted in, and subject to the terms provided in, Exhibit C. County shall provide such replacement easement(s) on or before August 1, 2021. If County is unable to provide such replacement easement(s) by that day, the parties agree to negotiate an extension of time for CenturyLink to complete the relocation described above. 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 the provisions of this Agreement. 7 5. Fund Availability: This Agreement assumes that the relocation of the facility and flowlines will be completed on or before November 1, 2021. 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 that funds will be available to fund this Agreement beyond December 31, 2021. 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 CenturyLink, concerning this Agreement, the parties agree that neither CenturyLink nor Weld County shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the other party. 8. Subrogation Waiver: All insurance policies required to be maintained under the terms of this Agreement or which are in any way related to this Agreement which are secured and maintained by CenturyLink shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against County, its officers, employees, agents, or volunteers. 9. 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. 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. QWEST C •,;S;'• RATION /a CENTURYLINK QC By: Title: Date Lz/ BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO W.404)` 1 Weld C B Deputy Clerk t , the B ve Moreno, Chair 'JUL 1 9 2021 EXHIBIT A PROJECT DIAGRAM 7 CALL tJTiLIT-Y NOTIFICATION CENTER OF COLORADO 0 CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE FOR THE MARKING of UNDERGROUND MEMBER UTILITIES 30 60 I ,n_ 7 'u'.'CR &") KEY MAP NTS U N P LATTE D OWNER: CITY OF THORNTON PARCEL NO. 070918000004 --- ROW EOA — ESA t - ROW -4-- ROW-- ROW- ROW --M— --RDAs ROW tla toA En 14+0+) I ECA ~ .s. 034 N 0 - -- -- Vier ----l!.�! O -- ROW RQW ROW ow - ROW SOW �, ROW LOT S OWNER: CITY OF THORNTON PARCEL NO. 07 07 13000057 STA:15+14.62 OFF 38.2' LT (BEGIN TELEPHONE LINE REMOVAL BY CENTURY LINK) STA- 15+09-81 OFF: 13 2' LT ROW ROW ---- ROW ROW STA:15.O9 83 N: 145167296 E: 3218683.95 BEGIN ROAD REMOVAL I 16+00► A it MI DNPLA I l ED OWNER: DARRELL FRANK WAAG PARCEL NO. 070918000005 EX. 15' MOUNTAIN STATES TELEPHONE & TELEGRAPH EASEMENT (REC. NO 2243857) ITO BE VACATED) ROW ROW EGA C 3 -- WCR 37 29 L.F. SAVVCUT EX. ASPHALT (SEE T1E4N OCTAJL ON SHEET 4) EGA ----- LOA STA, 15+09 es OFF: 15.9' RT ROW ROW ROW v ROW ROW ROW D 'd. -4 a PROPOSED 15 CENTURY LINK EASEMENT EX TELEPHONE LINE (TO BE REMOVED 6 RELOCATED BY CENTURY LINK) ROW ROW ROW ROW REMOVE EX. ASPHALT (692 SY THIS SHEET b 2,6421 SY TOTAL) 17+00 f ROW ---- ROW ROW ROW EX. OVERHEAD POWER POLE & LINES (BEGIN POWER LINE RELOCATION BY XCEL ENERGY AT POLE) [CIA EPA ESA (114 WI ---..- LOT S OWNER: CITY OF THORNTON PARCEL NO. 070713000057 -1 ROW ROW yR , LOA r...wrTw G ,A ROW ----- I MATCH LINE STA Computer File Information CrsaUri Date: 1/1512021 Initials. CWK Lasi WSW pots: 1/192021 Initials CWK ul Path: M 12 141%1)>jRCV'jPiU45\94(ETV.laC.'a Draa% F1 a Mane: DM02 detg A+IDCAD Vantran 2018 Saki: 1'x30' Ott Feet index of Revisions <'nnr1iaUtb burials: DREXEL, BARRELL & CO ENGINEERS.SURVEYORS 710 11th Avenue GREELEY. CO 80631 DBC trw.xe;, I:. it !en t4 ( s WELD COUNTY 7 As Constructed UBLICWORKS DEPARTMEP. 1111 H STREET P tD BOX 758 GREELEY, CO 80632.07 s8 PHONE (970) 356-400(1 FAX (970) 304-8497 No Re,' i'aori`. WCR 80 & 37 INTERSECTION REMOVAL PLAN WCR 37 Project No /Code GR-60 Revised Void Designer Uet ariet C Vir , IFOR CONSTRUCTION IvlAEi 'NCR 37 5TA 13+93- .7+715 21415-00 GRTR Sheet Subset REMOVAL ISheol Subset 9 OF 11 Sh..,a r timbe, 31 OF 215 MATCH LINE STA CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2.9US1NESS DAYS IN ADVANCE BEFORE You O4G GRADE OR EXCAVATE FOR THE MARKING OF UNOERGRODUD MEMBER UTILITIES res OW PROPOSED 15' CENTURY LINK EASEMENT ROW EX. TELEPHONE LINE (TO BE REMOVED & RELOCATED BY CENTURY UM() EX. 1S MOUNTAIN STATES TELEPHONE & TELEGRAPH EASEMENT (REC. NO 2243667) (TO BE VACATED) 18.00 £0A i ROW ROW OW ROW ROW--- ROW ROW 0 UNPLATTED OWNER: DARRELL FRANK WAAG PARCEL NO. 070918000005 ROW REMOVE EX ASPHALT (1.210 SY THIS SHEET & 2.642: SY TOTAL) EX STOP SIGN (TO BE REMOVED & REPLACED) EX. OVERHEAD POWER POLE S UNES (TO BE RELOCATED BY EXCEL ENERGY) rn ROW 19.00 ('1A ROW ••- ROW ---- ROW LOT B OWNER: CITY OF THORNTON PARCEL NO. 070713000057 ROW ERA 30 O co r,v ERA- ERA -it.... ROW- ROW WI i 8 I *4. 20+00 60 EX OVERHEAD POfl€R POLE & LINES (TO BE RELOCATED BY XCEL ENERGY) dc EX. TELEPHONE LINES r, PEDESTAL (TO BE REMOVED & RELOCATED BY CENTURY LINK) cR ‘v ROW ROW ROW V WCR £0 'I KEY MAP NTS UNPLATTED OWNER- DARRELL FRANK WAAG PARCEL NO 070919000007 EX CONCRETE -LINED IRRIGATION DITCH (TO BE REMOVED 29'5 L F THIS SHEET & 1,764 L F. TOTAL) PROPOSED 15' CENTURY LINK EASEMENT n - , r- nOV► — ROW ROW ROW .a- EX 15' MOUNTAIN STATES TELEPHONE & TELEGRAPH EASEMENT (REC. NO. 2243867) (TO BE VACATED) Pr - ROY;- - - ... Pr- ROW — ROW ROW ERA - EIS 0 r 1 CC I EDA .HOW HOW EFTA ERA ERA 21.00 [CA ERA WI HOW -• FtOI EX. OVERHEAD POWER POLE L LINES (TO BE REMOVED d RELOCATED 8Y XCEL ENERGY) EX STOP SIGN (TO BE REMOVED & REPLACED) cc I Pt�aot EGA RCU ELM -- WA WCR 37 E EQA WI ROW -- ROW 22+-00 SIMMS Pr -ROW Pr -ROW EGA ROW ROW -- LOT A OWNER. DEBORAH I L. CAME BELL PARCEL NO. 070724100001 Pr —ROW LU N N N MATCH LINE STA Computer File Information Creattr Dace 1'15.2021 4 In!tirlls CWK Las: 1.bcCtfS1 Dale 1/14'2021 Intuals CWNK Cut Path - :!415.0xRCV,P..ANSISHEETSvifl Drawing Fie Nan' D/A02 dwg A,.toCAD Verson 2018 Scale 1.-30 Urn Fee: Index of Revisions Conrnemis InrilaI , DREXEL BARRELL & CO ENGINEERS -SURVEYORS 710 11th Avenue GREELEY CO 80631 DBC Drexel, [carrell Sit Co 7 CC WELD COUNTY As Constructed PUBLIC VvORKS DEPARTMENT 1111 H STREET P O BOX 758 GREELEY. CO 80632.0758 PHONE (970) 356-4000 FAX (970) 3046497 No Pm, sons Rcrvlsnd • Designer WCR 80 & 37 INTERSECTION REMOVAL PLAN WCR 37 Project No /Code GR-60 Void Delailer Sheet Subset FOR CONSTRUCTION I - za•r, M A s vacs+ 3J sTA 1705 REMOVAL Sheet Subset 10 OF 1 21415-00 GRTR Sheet Number 32 OF 215 z CALL UTILITY NOTtFCCATIa7P{ CENTER OF 0OLORWX CALL 2•BUSI Ntss DAYS NJ ADVANCE BEFORE YOU DIG. GRADE. OR EXCAVATE FOR THE MARKING OF UNOERGROUNO ME1rMSIsR DTiLTIES N N H— Cn LU H Q 30 0 60 f Feel 14- WCR 80 f/ y KEY MAP NTS UNPLATTED OWNER: DARRELL FRANK WAAG PARCEL NO. 070919000007 E X CONCRETE -LINED IRRIGATION DITCH (TO BE REMOVED 275LF THIS SHEET �- .. 1.764 1.F TOTAL) EX 15'MOUMTAJN STATES TELEPHONE & TELEGRAPH EASEMENT (REC. NO. 2243S67) (TCQ ; VACATbU) - I r• -T. 14 I - --- ROW} ROW STA:23.51.25 OFF.56.6' LT BEGIN WALL REMOVAL PROPOSED 15 CENTURY LINK EASEMENT Pr- ROY -- -- re -now - Pr ROW ROW e- .. ROW EX. TELEPHONE UNE (TO BE REMOVED . RELOCATED BY CENTURY LINK) 7-1'4 .. ;I £DA ..- Efi,A OW ROW ROW Pr -ROW Pr -ROW R 1/1 23+00 EX. ROCK WALL (TO REMAJN) -x \\\t."\N\\\\'S \\\\\\\NNN\ \\N \\N EX. BUILDING TO BE REMOVED BY WELD COUNTY BUILDING & GROUNDS DEPARTMENT RO'tW Pr -ROW Pr -ROW : \\V\\\\\\\\\\-\\t\'\\\\\\N\\\\-\ ROW - R,1Ff.....�, rAp EGA EOA+ C ROW ROW RO REMOVE EX. ASPHALT (740 SY THIS SHEET & 2.642± SY TOTAL) Pr -ROW Pr -ROW ,-T- Rae • • S TA; 24 r 70,48 OFF•45.7' LT END VVALL REMOVAL ROw 1(OW "".A REMOVE 160t IF OF EX -� ROCK RETAINING WALL 24+00 EUA '"" _"'-" E0A -" rDA a ROW _WCR 37 ROW ROW ROW STA13+50 00 OFF: 25.1' RT (BEGIN WATER LINE RELOCATION BY N'ACVvD) PrROWPr-ROW a Pr -ROW ( M WA ROW ROW ROW ROW STA:25.00.00 N 1450682.84 E: 3218592.91 END ROAD REMOVAL pr Roy LOT A OWNER: DEBORAH L. CAMPBELL PARCEL NO. 070724100001 Ow • • STA:25r00.00 OFF '24 2' LT - ENO DITCH REMOVAL ROW I c-A ROW ROW 1 U • 24 L.F. SAV►tCUT EX. ASPHALT �---- (SEE TIE-IN DETAIL ON SHEET 4) EGA r..04 ----- R ROW STA 25+00.00 OFF 122AtT Pr� Pr —ROW tiu EX. 4' PVC WATER LINE (TO BE REMOVED & RELOCATED BY NVVCVvD) R e , STA.25+83.78 OFF. 21.5 LT (END TELEPHONE LINE REMOVAL BY CENTURY LINX) ROW ROW Lay, _.s OW-- ROW__ ROW ROW P{_� - Pr —ROW —'a--- Qr_ROW S TA -26+35.00 OFF: 26 7' RT (END WATER LINE RELOCATION BY NWCW17) ROW • ROW �---- P • \\`\\\\\\\\` N N Computer File Information Greatly, Date: 1115/2021 Ir 4sakk CWK Last WNW OSs: 111412021 India!-: C:V'JX Ful PO: H s. 141 s1Y)QRaNnueNS'9iE€TS • 17ardnrg F>>e 1Narne DM02 dwg AuoCAD Verscn 2013 Scala: 1'30' Units Feel Index of Revisions `? it to Crntsnents I n itiak DREXEL. BARRELL & CO ENGINEERS -SURVEYORS 710 11th Avenue GREELEY. CO 80631 DBC Oro t. n l roil t'. Co. WELD COUNTY 7 As Constructed iWIC WORKS DEPARTMEN1 1111H STREET P.O 80X 758 GREELEY. CO 80632.0758 PHONE (970) 356-4000 F AX (970) 304.6497 No Re,.'stens WCR 80 & 37 INTERSECTION REMOVAL PLAN WCR 37 Project No /Code GR-60 Rev r 1x1 Void Des►gner Detadet MAR IFOR CONSTRUCTION VCR $7 $TA' 12.23 • d5+Q'i 21415-00 GRTR Shed Subset REMOVAL Sheet 11 OF 11 Sheet Numbei 33 OF 215 EXHIBIT B ESTIMATE FOR RELOCATION OF 50 PAIR TELEPHONE LINE Task Description Cost Engineering Design $14,473 Construction $29,235 Subtotal $43,708 5% Contingency $2,185 Total $45,893 Total (Rounded) $46,000 Note: In order to get reimbursed, itemized invoices showing each of the above items shall be provided. 7 EXHIBIT C CENTURYLINK EASEMENT DOCUMENTS 7 After recording please return to: Stephanie Canary CenturyLink 1025 Eldorado Blvd. Broomfield, CO 80021 Prepared by: Short Elliot & Hendrickson Attention: Kevin J Martin, P.L.S. 38580 2000 S Colorado Blvd Suite 6000 Denver, CO 80222 RECORDING INFORMATION ABOVE EASEMENT AGREEMENT FOR WAAG 006 -PE The undersigned ("Grantor"), for good and valuable consideration, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to Qwest Corporation d/b/a CenturyLink QC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"), having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Services, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair, expand, replace and remove a communication system that Grantee from time to time may require, consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing boxes, vaults, surface location markers, equipment cabinets and associated wooden or concrete pads, aerial lines, poles and cables, and other facilities and structures, including utility service if required to operate such system, facilities and structures (collectively, the "Facilities") over, under and across the following property located in the County of WELD, State of COLORADO, which Grantor owns ("Easement Tract"): SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY THIS REFERENCE MADE A PART OF, THIS AGREEMENT Grantor further grants and conveys to Grantee the following incidental rights: (1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract; and (2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use and enjoyment of the Easement Tract. Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted in this Easement Agreement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract and will not alter the surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement Tract by grading or otherwise excavating, without Grantee's written consent. 7 Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the Easement Tract against all claims. Grantee will have no responsibility for environmental contamination unless caused by Grantee The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. Executed by Grantor this day of GRANTOR: Printed Name: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 20, by , and such person duly acknowledged the signing of the same to be his/her act and deed. My commission expires: WITNESS my hand and official seal. Notary Public (SEAL) 7 EXHIBIT A PERMANENT EASEMENT ACQUISITION A Parcel of land lying in the northwest one -quarter (NW1/4) of Section 19, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 4, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, described as follows: Commencing at the northwest corner of said Section 19; thence S88a51'45"E, 60.04 feet, along the south line of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence S88°51'45"E, 15.00 feet, along said south line; thence S00°30'49"E, 84.27 feet; thence S50°39'12"1,19.24 feet; thence Soo°31'23"E, 492.63 feet; thence S89°28'37"W, 30.00 feet, to the east line of that 60 foot wide Right of Way Agreement, as described in Book 4, Page 114, Weld County Records; thence N00°31'23"111, 15.00 feet, along said east line; thence N89°28'37" E, 15.00 feet; thence N00°31'23"W, 484.82 feet; thence N50°39'12"E, 19.25 feet; thence N00°30'54"W, 77.51 feet, to said south line, the Point of Beginning. Also known by street and number as: 38854 County Road 37, Ault Co. Containing 9,169 square feet (0.210 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the North line of the Northwest Quarter of Section 19, Township 7 North, Range 65 West, 6th Principal Meridian, bearing South 88051145" East, with the North 1/4 Corner of said Section 19 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Northwest Corner of sa d Section 19 being monumented by a 2-112' aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.LS 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 80222 PERMANENT EASEMENT ACQUISITION 0O3 -PE DARRELL FRANK WAGG WELD COUNTY, COLORADO • a! . 8 611 •' a 7 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCRSO&WCR37 INTERSECTION PROJECT PROJECT NO: GR-60 SCALE: 1' = 200' DATE:1/27/2021 DRAWN BY: KIM 1 SHEET 1 47f 2 After recording please return to: Stephanie Canary CenturyLink 1025 Eldorado Blvd. Broomfield, CO 80021 Prepared by: Short Elliot & Hendrickson Attention: Kevin J Martin, P.L.S. 38580 2000 S Colorado Blvd Suite 6000 Denver, CO 80222 RECORDING INFORMATION ABOVE EASEMENT AGREEMENT FOR WAAG 007 -PE The undersigned ("Grantor"), for good and valuable consideration, the receipt and sufficiency of which are acknowledged, hereby grants and conveys to Qwest Corporation d/b/a CenturyLink QC ("CenturyLink"), its successors, assigns, lessees, licensees, agents and affiliates ("Grantee"), having an address of 100 CenturyLink Drive, Monroe, Louisiana 71203, Attn: Construction Services, a perpetual, non-exclusive easement ("Easement") to construct, operate, maintain, repair, expand, replace and remove a communication system that Grantee from time to time may require, consisting of but not limited to, cables, wires, conduits, manholes, drains, splicing boxes, vaults, surface location markers, equipment cabinets and associated wooden or concrete pads, aerial lines, poles and cables, and other facilities and structures, including utility service if required to operate such system, facilities and structures (collectively, the "Facilities") over, under and across the following property located in the County of WELD, State of COLORADO, which Grantor owns ("Easement Tract"): SEE THE DESCRIPTION SET FORTH ON EXHIBIT A ATTACHED TO, AND BY THIS REFERENCE MADE A PART OF, THIS AGREEMENT Grantor further grants and conveys to Grantee the following incidental rights: (1) The right of ingress and egress over and across Grantor's lands to and from the Easement Tract; and (2) The right to clear all trees, roots, brush and other obstructions that interfere with Grantee's use and enjoyment of the Easement Tract. Grantor reserves the right to use and enjoy the Easement Tract so long as Grantor's use does not materially interfere with the rights granted in this Easement Agreement. Grantor will not erect any structure or plant trees or other vegetation within the Easement Tract and will not alter the surface or subsurface of the Easement Tract or the ground immediately adjacent to the Easement Tract by grading or otherwise excavating, without Grantee's written consent. 7 Grantor warrants that Grantor is the owner of the Easement Tract and will defend title to the Easement Tract against all claims. Grantee will have no responsibility for environmental contamination unless caused by Grantee The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. Executed by Grantor this day of GRANTOR: Printed Name: STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , and such person duly acknowledged the signing of the same to be his/her act and deed. My commission expires: WITNESS my hand and official seal. Notary Public (SEAL) 7 EXHIBIT A PERMANENT EASEMENT ACQUISITION A Parcel of land lying in the southwest one -quarter (SW1/4) of Section 18, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being a portion of Parcel 1, as described under Reception Number 4184173, recorded February 29, 2016, Weld County Records, de scri bed as follows: Commencing at the southwest corner of said Section 18; thence S86'51'45"E, 74.17 feet, along the south line of the southwest one -quarter of said Section 18; thence N01 °08'15"E, 30.00 feet, to the north line of that 30 foot wide Right of Way Agreement, as described under Reception Number 34283, Weld County Records, the Point of Beginning. thence NOO°30'49"lit, 431.64 feet; thence N45°30'49, 42.43 feet; thence S8929'11 "W, 15.00 feet, to the east line of that 60 foot wide Right of Way Agreement, as described In Book 5, Page 290, Weld County Records; thence Soo°30'49"E, 6.21 feet, along said east line; thence S45i°30'49"E, 42.43 feet; thence Soo°30'54"E, 425.00 feet to said north line; thence S88°'51'45"E, 15.00 feet, along said north line, to the Point of Beginning. Also known by street and number as: Vacant Land, Ault Co. Containing 7,106 square feet (0.163 Acres) more or less. Basis of Bearings for above description: All Bearings herein are based on the South line of the Southwest Quarter of Section 18, Township7 North, Range 65 West,6th Principal Meridian, bearing South 88°51'45" East, with the South 1/4 Corner of said Section 18 being monumented by a 3-25" aluminum cap, stamped PLS 38149, and the Southwest Corner of said Section 18 being monumented by a 2-1/2" aluminum cap in a box, stamped LS 30462, 2001. KEVIN J. MARTIN P.L.S 38580 Prepared for and on behalf of Short Elliot & Hendrickson 2000 S. Colorado Blvd., Suite 6000 Denver CO, 60222 PERMANENT EASEMENT ACQUISITION 007A -PE DARRELL WAGG WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 80 & WCR 37 INTERSECTION PROJECT PROJECT NO: GR-&) SCALE: 1' = 200' DATE:1/27/2021 DRAWN BY: K,1M SHEET 1 of 2 7 New Contract Request Entity information Entity Name Entity ID* CENTURYUNK COMMUNICATIONS LLC g00042358 Contract Name* CR 80 AND CR 37 RELOCATION AGREEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 4999 Contract Lead* CKIMMI Contract Email CKimmi,@co.welci.co.us Parent Contract ID Requires Board YES Department Project if GR-60 Contract Description * RELOCATION AGREEMENT TO REIMBURSE CENTURYLINK FOR THE RELOCATION COSTS OF MOVING A 50 PAIR TELEPHONE LINE AND FIBER OPTIC LINE INTO A NEW EASEMENT ON THE CR 80 AND CR 37 PROJECT Contract Description 2 Contract Type AGREEMENT Amount* $46,000.00 Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS e CM - Requested BOCC Agenda Date* 07:12:2021 Due Date 07=08;2021 Will a work session with BOCC be required?* PublicWorksg,weldgov.corn HAD Dew runt Head Email CM-PublicWorks- De pt H e ad Live l d g ov. c o m County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYAI iORNEYgWELDG OV.COM Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA 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 Contract Dates Effective Dale Review Date* Renewal Date 07.301,2021 Termination Notice Period Committed Delivery Date Expiration Date a 12 31 2021 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 07'12'2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07?19,2021 Originator CKIMMI Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 07;` 13 2021 07 13 s 2021 Tyler Ref # AG 071921 Hello