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Connexus is planning its new relocation, and the telephone cable will be relocated; however, <br />Zayo was unresponsive and has now informed him that it has a contract with the City requiring <br />the City to pay to relocate their fiber optic lines. Interim Engineer Nelson stated he reviewed the <br />final contract and found it is not specific to that relocation but does discuss that for non - routine <br />maintenance, the City is responsible for paying two - thirds of their cost to relocate the fiber optic <br />line. Interim Engineer Nelson stated he does not have an estimate on how much it will cost but it <br />needs to be resolved because the existing alignment conflicts with the approved development <br />plans. <br />Councilmember Elvig asked if it will be considered routine maintenance. <br />Interim Engineer Nelson indicated it would not. <br />Finance Director Lund stated the City entered into that agreement in April 2012 and asked <br />whether Sunwood Drive had been realigned at that time. <br />Development Manager Lazan stated we made some changes to the actual right -of -way width and <br />radius points were moved marginally but the realignment to Sunwood Drive with a roundabout <br />to the north was known at that time. Development Manager Lazan stated he had substantial <br />discussion with the former City Engineer at the time Zayo was urgently trying to get this piece <br />in. They knew the road would be realigned and he had told the former City Engineer it would <br />be in conflict with any future development. Development Manager Lazan stated the former City <br />Engineer considered providing a new realignment and his solution was to allow Zayo to install <br />with the understanding that when Sunwood Drive was realigned, Zayo would have to move the <br />cable at that future date. Development Manager Lazan indicated this is not documented in the <br />right -of -way permits although other things were also not documented and poorly described in <br />alignment documents. He stated this issue was discussed, he had advised the former City <br />Engineer that it would be a conflict, and it had been his understanding that the former City <br />Engineer coordinated with Zayo and Zayo knew the cable would have to move once Sunwood <br />Road was realigned. <br />Mayor Ramsey asked if there was no documentation of that conversation. <br />Interim Engineer Nelson stated he reviewed the project file and found no discussion about future <br />relocation of this cable. <br />City Attorney Goodrich recommended contacting the former City Engineer to gain his <br />recollection as well as e-mail correspondence. <br />Interim Engineer Nelson stated Change Order #4 includes the 146 storm sewer item, draintile <br />Swale related to 14700 Armstrong Boulevard (Billmark Electricity), irrigation service related to <br />the new irrigation system on Sunwood Drive, additional construction signage, irrigation box <br />relocation, and additional pipe removal. Interim Engineer Nelson explained that the City has the <br />choice whether or not to approve the irrigation box relocation. He stated he had discussed with <br />the City Attorney regarding municipal bid laws. For smaller projects, the City can enter a <br />contract by obtaining quotes, unless not practical. In this case it is not practical to obtain quotes <br />City Council Work Session / October 23, 2012 <br />Page 7of11 <br />