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Home My WebLink Aboutresolution.council.034-86 RESOLUTION NO. '?)L\- (Series of 1986) A RESOLUTION APPROVING THAT AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND MOUNTAIN BELL TELEPHONE AND TELEGRAPH COMPANY, PROVIDING FOR THE ASSIGNMENT OF CERTAIN EASEMENTS AND RIGHTS-OF- WAY LOCATED IN THE "WEST END" AND "NORTHWEST" SERVICE AREAS TO MOUNTAIN BELL BY THE CITY OF ASPEN FOR THE RELOCATION OF CERTAIN COMMUNICATION FACILITIES NECESSARY FOR THE ACCOMPLISHMENT OF THE UNDERGROUNDING PROJECT; AND SETTING FORTH THE TERMS AND CONDI- TIONS OF SAID ASSIGNMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen and Mountain Bell Telephone and Telegraph Company providing for the assignment of certain easement and rights-of-way to Mountain Bell by the City of Aspen to allow Mountain Bell to relocate certain communication facili- ties in the "West End" and "Northwest" service areas in order to complete the city's undergrounding project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council hereby approves that agreement between the City of Aspen and Mountain Bell Telephone and Telegraph Company assigning certain easements and rights-of-way located in the "West End" and "Northwest" service areas to Mountain Bell in order to accomplish the city's undergrounding project, a copy of which agreement is attached hereto and incorporated herein by this reference, and authorizing the Mayor to execute said agreement on behalf of the City of Aspen. Dated: ~~ /{) , 1986. y~~ William L. St{rling, May r I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado / at a meeting held ~a:-/:4-i--~!._/>j ,::-.;:r"':::f' , 1986. . / 2 AGREEMENT THIS AGREEMENT, made this ~~ day of ~ a Colorado home rule 1986/ by and between the City of Aspen, municipal corporation (hereinafter "City") and Mountain Bell Telephone and Telegraph Company/ a Colorado corporation (herein- after "telephone company"). R E C I TAL S 1. City has requested the telephone company to relocate certain communication facilities to an alternate buried location, as depicted on Exhibit "A" appended hereto, commonly known as the "West End" and "Northwest" service areas. 2. The feasibility of the requested relocation project (hereinafter "project") has been reviewed by representatives of the telephone company and the telephone company is willing to make the requested relocation of its facilities at a cost to City not to exceed the actual expense incurred by telephone company. 3. The total cost of the aforesaid undergrounding project is estimated to be $205,104.00. 4. The City is in the process of obtaining the necessary easements and rights-of-way to accomplish the relocation of the telephone company's facilities and is willing to assign to the telephone company the right to use such easements and rights-of- way to accomplish the undergrounding project. NOW, THEREFORE, in consideration of the premises and mutual undertakings of the parties hereto, and in conformity with all applicable laws, the parties agree as follows: 1. Proiect: The City is currently engaged in a program of undergrounding overhead utilities and, in connection therewith, will install direct buried cables and conduit provided and owned by the telephone company and in accordance with the telephone company engineer's specifications, as depicted in Exhibit "A" appended hereto, specifically the "West End Service Area" and "Northwest Service Area" of the City of Aspen. The telephone company agrees that it will underground its overhead wires and facilities as depicted on Exhibit "A" and as set forth herein- below. 2. Easements and Riqhts-of-Way: The City agrees to obtain easements and rights-of-way to accomplish the project, such easements and rights-of-way are depicted on Exhibit "A" and agrees to assign to the telephone company the right to use installed conduits in said easements and rights-of-way. 3. Proiect Cost: City agrees to pay the telephone company, at the telephone company's loaded rates, the actual cost of relocating its facilities, including, but not limited to, engineering costs, inspection, splicing costs, placing costs, cut over costs/ removal costs/ and costs associated with any damage occasioned to real or personal property as a result of such 2 relocation to the extent such damage is caused by the wilful or negligent errors or omissions of the city, its employees, agents or contractors. The estimated cost of the project is Two Hundred Five Thousand One Hundred Four Dollars ($205/104.00), based upon the most economical method of performing the work; extenuating circumstances or changes incurred as a result of actions by City before or during the work operation, will be included in the telephone company's actual costs upon project completion. The telephone company shall keep accurate records of its costs/ and such records shall be made available at all times for inspection by City, and the cost shown in such records shall be used as the basis for the computation of costs as provided herein. 4. Payment: Upon completion of the project, the telephone company shall provide City with an itemized statement of the actual costs incurred in relocating its facilities. City agrees to pay telephone company the project cost within thirty (30) days of a statement therefor. In the event the City abandons the project, subsequent to the execution of this agreement/ City agrees to pay the telephone company's actual costs incurred up to the actual date of abandonment, including reasonable engineering costs. 5. Safety: The relocation shall be accomplished as to not endanger of telephone company employees nor violate the provi- sions of the National Electrical Safety Code; telephone company 3 shall provide City with ten (10) days' written notice of any such condition or occurrence, and may determine within said period to not accomplish any relocation or rearrangement which, in the reasonable judgment of telephone company representatives, will endanger telephone company employees or would violate the provisions of the National Electrical Safety Code. In such situations, the parties will work together to find a mutually satisfactory solution so that the undergrounding can be accom- plished. 6. Indemnification: City and telephone company each agree to indemnify, save and hold the other harmless from any and all actions, liabilities, judgments, costs and expenses that may be brought or in anyway accrue against the other in consequence of any negligent act or omission of the other, its agents, servants, employees or representatives. 7. Severability: If any provision of this agreement or portion hereof is adjudged to be void or unenforceable by any court of competent jurisdiction, the same shall not affect the remainder of that provision or this agreement, and this agreement shall then be construed as if such unenforceable provision or portion thereof had never been contained herein. 8. Maintenance: Upon completion of the undergrounding project, the telephone company agrees to assume responsibility 4 for the maintenance, control and operation of its relocated communication facilities. 9. Workers Compensation: Before entering upon a perfor- mance of the undergrounding project, the telephone company agrees to take out or cause to be taken out/ with a responsible insur- ance carrier authorized under the laws of Colorado the insurer employers against liability for compensation under the Workers' Compensation Act, compensation insurance covering full liability for compensation under the act, for any person injured while performing any work or labor incidental to the performance of this agreement. The parties agree that the telephone company may self-insure such risk. 10. Bindinq Effect: This agreement shall be fully binding upon the parties and their successors and assigns. 11. Remedies: In the event of default or breach of any term or condition contained herein, the non-defaulting party may recover such damages as are proper and may institute proper proceedings to require the specific performance of this agreement or any part hereof. 12. Paraqraph titles: Paragraph titles in this agreement are set out for convenience only and do not constitute a part hereof. 13. Waiver of breach: The waiver of the breach of any provision of this agreement by either party shall not operate or 5 be construed as a waiver of any other or subsequent breach by either party. 14. Counterparts: This agreement may be executed in any number of counterparts, each of which shall be deemed an origi- nal. 15. Notices: All notices or other communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered to the Mayor or City Manager of the City, or the general manager or president of Mountain Bell, or if mailed postage prepaid, return receipt requested, addressed as set forth below, or such other address as may be designated by either party in writing: (a) City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 (b) General Manager Mountain Bell 1005 17th Street Room 540 Denver, Colorado 80202 6 IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. MOUNTAIN BELL TELEPHONE & TELEGRAPH COMPANY Title Distribution Services 1005 - 17th Street Room 540 Denver, Colorado 80202 CITY OF ASPEN, COLORADO By or ATTEST: 7