HomeMy WebLinkAboutContract 33798 05/25/2006 16:11 FAX 817 4678198 SwBT IM003/006
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CWOTS Record#2693T06
4801 Matlock Road,Room B-16
Arlington,TX 76018
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APPLICATION and LETTER OF AGREEMENT FOR CUSTOM WORK
May 24,2006 CWOTS Record Number: 2693T06
Customer Billing Telephone Number: Special Bill
BILL TO: CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, TX 76102
WORK SITE LOCATION: E.29`h and N.Commerce—Tony's Creek
DESCRIPTION OF CUSTOM WORK:
This cost estimate Is to expose and support 65 feet of clay duct and PVC duct for 12 working days over
to Tony's Creek.
LABOR EXPENSE: $71,700.00; MATERIAL EXPENSE: $0.00; OVERHEAD EXPENSE: $1,097.56;
TARIFFILICENSE AGREEMENT EXPENSE: $
CHARGE FOR CUSTOM WORK: ESTIMATED COST: $72,797.56
(Actual charges may exceed this estimated cost.)
Applicant requests that Southwestern Bell Telephone. L.P.d/b/a AT&T Texas, (hereinafter"SWBT")perform the
above-described custom work. Applicant agrees to pay the charge(s)indicated above for such work. The
charge(s)will be computed in accordance with Southwestern Bell Telephone, L.P.'s ordinary accounting
practices under the Uniform System of Accounts for Class A telephone companies and will include allocated
costs for labor,engineering,materials,transportation,motor vehicles,tool and supply expenses and sundry
billings from sub-contractors and suppliers for work and materials related to the job. The Applicant affirms that
the cost estimate furnished by the Telephone Company has been considered only as an estimate of
approximate costs and that the actual costs incurred by the Telephone Company in doing the work at the
particular time and location might be higher. Said estimated cost is subject to change due to any number of
factors including, but not limited to,changing conditions in the field,weather delays, or changes in the scope of
the work.
CHANGE ORDERS
Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if
conditions exist that could not have been anticipated by Southwestern Bell Telephone, L.P. at the time of this
agreement, Southwestern Bell Telephone, L.P. will be entitled to additional funds and/or additional time to
complete the work. Southwestern Bell Telephone, L.P. will request such additional funding and/or additional
time through a request for a change order.
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Should Applicant or its agents,servants,or employees order or seek changes in the scope of the work,
Southwestern Bell Telephone, L.P. is entitled to seek from Applicant,its agents, servants,or employees,
additional funds as necessary to perform the work,and additional time, as necessary to complete the work.
Said request for additional funds and/or additional time will be through change order.
All change orders will be in writing.
All change orders will be submitted and accepted by Applicant,its agents,servants or employees,before
Southwestern Bell Telephone, L.P.proceeds to execute the work or,if work has been initiated on the project,
continues with executing the work except in an emergency endangering life or property.
Applicant, its agents,servants or employees, are deemed to have accepted the terms of any change order by
signing where indicated on the change order.
Under no circumstances will Southwestern Bell Telephone, L.P.'s request for a change order be deemed or
used as evidence of delay on the project. Nor will any change order issued in this project be used to charge
Southwestern Bell Telephone, L.P.with responsibility for any alleged delay on the project.
NO DAMAGE FOR DELAY
Under no circumstances will Southwestern Bell Telephone, L.P.be held liable to Applicant,Applicant's agents,
employees or contractors,for any alleged delay on the project that forms the basis for this custom work order.
TIME TO COMPLETE
Any representation by Southwestern Bell Telephone, L.P., its agents, servants or employees that the project, or
any additional work authorized by change order, will be complete by a certain date or certain time period is
strictly an estimate and not binding on Southwestern Bell Telephone, L.P., its agents, servants, or employees.
All estimated completion dates are subject to changing conditions in the field, changes in the scope of the work,
relocation of existing utilities not within Southwestern Bell Telephone, L.P.'s control, Acts of God, weather
delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern
Bell Telephone, L.P, its agents, servants, or employees, could not reasonably anticipate at the time of the
estimate.
PAYMENT
Applicant agrees to make an advance payment of$72,797.56 prior to commencement of the work.
Applicable charges for Custom Work will be billed on a special bili separate from the bill that Applicant receives
for telephone service.
Applicant,its agents, servants, or employees agree to make payment on change orders within thirty(30)days of
the date of signature on the change order. Failure to make payment within the designated thirty(30)day time
period will operate to cancel the change order and Southwestern Bell Telephone, L.P.will cease all work activity
on the project until payment is made.
When the Applicant agrees to Interval Billing',the balance of the Contract Price or Actual Cost(as applicable)
will be made in monthly payments. if the Actual Cost made varies from the Estimated Cost,then a correcting
adjustment will be made in the last payment. If the parties cannot agree to Interval Billing,Applicant will make
an advanced payment as indicated above.
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Applicable to orders over$25,000 and work will take: or more'„ : t r::to complete.
After work is complete, the City of Fort Worth will either receive a refund if actual costs are less than advance
payment or a final invoice with additional charges that are due.
CANCELLATION
If the Applicant cancels the work prior to completion,Applicant must notify Southwestern Bell Telephone, L.P.,in
writing of said cancellation.
If Applicant elects to cancel the work prior to completion,Applicant agrees to pay Southwestern Bell Telephone,
L.P.for the costs it has incurred in starting performance under the contract. If Applicant has made an advance
payment,Southwestern Bell Telephone L.P.will deduct its costs and expenses incurred as of the date of
Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be
refunded to Applicant.
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days from May 24,2006. If the charges are not accepted within
60 days the order will be cancelled and a new order will need to be placed. The second estimate may be higher
than the estimated price set out above.
STOP WORK ORDER
In the event that Applicant issues a stop work order,or places the project"on hold",at any point during the
progress of the work, said stop work order or request to"hold"work must be issued in writing and must be
delivered via certified mail, return receipt requested to Karen Satterfield,11930 Airline,Rm.219,Houston,TX
77037. If Applicant issues a stop work order,or a request to"hold"work,the contract price quoted herein will
remain valid until sixty(60)days from the date of the stop work or"hold"work order. At the expiration of the
sixty(60)days,the contract price quoted herein will expire and a new contract price will be determined and
provided, in writing,to Applicant. The new contract price may be higher than the contract price quoted in this
custom work order.
If,after issuing a stop work,or"hold"work order,Applicant elects to cancel the contract,Applicant must inform
Southwestern Bell Telephone, L.P.,in writing of the cancellation. Southwestern Bell Telephone, L.P.,will
deduct any expenses incurred in performing the work from Applicant's advance payment and refund any
remaining funds to Applicant.
Under no circumstances will Southwestern Bell Telephone, L.P.,be responsible to Applicant for any
alleged damages or additional expenses incurred by Applicant as a result of a stop work order or an order
to"hold"work on the project_
CHOICE OF LAW
Texas law governs the application of this agreement and all terms contained therein.
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ENTIRE AGREEMENT
The parties agree that the terms set forth herein constitute the entire agreement and there are no other
agreements regarding the project that is the subject of this agreement between the parties.
If the applicant cancels the work prior to completion,Applicant agrees to pay Southwestern Bell Telephone, L.P.
for the costs it has incurred in starting performance under the contract and before being notified to cease only.
The price is guaranteed for 60 days from May 24, 2006. If the charges are not accepted within 60 days the
order will be cancelled and a new order will need to be placed. The second estimate may be higher than the
price that was originally quoted.
MODIFICATION&NOTICE
Any modification to this agreement must be made in writing and signed by both parties.
Any party to this agreement may provide the other party with notice of any fact or condition by providing such
information in writing and serving said writing via certified mail, return receipt requested.
ACCEPTED FOR CUSTOMER: ACCEPTED FOR SOUTHWESTERN SELL TELEPHONE,L.P.:
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Authorized Signature, Tie or Title: Ams Manager—Construction
Relationship to Company or Individual
Company: C"
Printed Name:
Date: Date:
APP0 FORM TY: Contract AuthorizatiOu
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Attested By,
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Nlarty Hendrix
City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 20TONY CK-NE 29 REFERENCE NO.: **G-15260
SUBJECT:
Authorize Execution of an Application and Letter of Agreement for Custom Work with and Payment
under Protest to Southwestern Bell Telephone, L.P., d/b/a AT&T Texas for Protection of Facilities
Located at NE 29th Street at Tony's Creek
RECOMMENDATION:
It is recommended that the City Council authorize:
1. Payment under protest in the amount of $72,797.56 to Southwestern Bell Telephone, L.P., d/b/a AT&T
Texas ("SWBT") for exposing and protecting its conflicting utility during construction of the Drainage and
Water Line Improvements to Tony's Creek Drainage System at NE 29th Street.
2. Execution of an application and letter of agreement for custom work with SWBT to perform the required
protection services.
DISCUSSION:
Prior to construction of a three barrel 12'x10' box culvert for the NE 29th Street crossing over Tony's Creek,
a fiber optic duct and cable duct owned by SWBT was determined to be in direct conflict with the proposed
multi-box culvert.
Relocating the SWBT ducts was determined to be cost prohibitive. In order to install the multi-box culvert,
the design of the culvert was modified to lower the flowline of the creek to accommodate the SWBT
ducts. The SWBT ducts will be exposed and protected during construction of the culvert by SWBT's
contractor. SWBT has requested payment in the amount of$72,797.56 to expose and protect the ducts.
Staff is of the opinion that the City should not have to pay for the exposure and protection of these
facilities. The City Attorney's Office contends that the City can require SWBT, at its sole cost and expense,
to take the necessary steps to eliminate the conflicts between SWBT facilities and the City's project as a
proper exercise of the police powers of a municipality to control its rights-of-way by operation of Texas
Local Government Code Section 283.056(c). However, in order to avoid additional delay on the project,
staff recommends that the City pay the amount requested by SWBT. Staff will inform SWBT that the
payment will be made under protest and without waiver of any rights the City has to seek reimbursement of
the $72,797.56.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
Logname: 20TONY CK-NE 29 Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
C115 539120 020115026064 $72,797.56
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: George Behmanesh (7914)
Logname: 20TONY CK-NE 29 Page 2 of 2