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CWOTS Record #5346T06
4801 Matlock Road, Room B-16
Arlington, TX 76018
APPLICATION FOR CONSTRUCTION SERVICES
November 14, 2006
BILL TO: CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, TX 76102
CWOTS Record Number: 5346T06
Customer Billing Telephone Number: 817-871-6000
WORK SITE LOCATION: FM 156 — Realignment Project — Alliance Airport runway extension
DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED:
This cost estimate is for project to reroute existing cable in downtown Haslet and will place two
manholes on Intermodal and cut around an existing 48 pair fiber cable and a 200 pair copper cable.
LABOR EXPENSE: $30,106.66;
TARIFF/LICENSE AGREEMENT EXPENSE: $
MATERIAL EXPENSE: $13,869.00
ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $43,975.66
(Actual charges may exceed this estimated cost.)
Applicant requests that Southwestern Bell Telephone. L.P. d/b/a AT&T Texas, (hereafter "SWBT") perform the
above-described construction services. Applicant agrees to pay the charge(s) indicated above for such
services. The work is to be done on an "Actual CosY' basis, all charge(s) will be computed in accordance with
Southwestern Bell Corporation'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.
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days from November 14, 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.
PAYMENT
Applicant agrees to make an advance payment of $43,975.66 prior to commencement of th nvork: =-__---_
Applicable charges for construction services will be billed on a special bill separate from the il3`;t'� ;;A�j��c�� N;`;,r���
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receives for telephone service. ,
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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.
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 monthlv 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.
* Applicable to orders over $25,000 and work will take 6 or more months to complete
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.
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
ApplicanYs notice of cancellation from the amount of the advance payment. Any amount remaining will be
refunded to Applicant.
CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS
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.
Conditions that may materially alter the scope of the work and/or the cost associated with the work
include but are not limited to conditions that exist below the surface of the ground and could not have
been anticipated at the time of the price quote, above ground barriers, Acts of God affecting the progress
or sequencing of the work, labor disputes, and other conditions or circumstances that Southwestern Bell
Telephone, L.P., could not reasonably anticipate at the time of providing the above referenced price quote
to Applicant.
3
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, ApplicanYs agents,
employees or contractors, for any alleged delay on the project that forms the basis for this agreement for
construction services.
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.
CHOICE OF LAW
Texas law governs the application of this agreement and all terms contained therein.
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.
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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.
AC ED FOR CUSTOMER� ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE, L.P.:
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Au orized Sign tur ., =ifle oP�' Title: Manager Operations Control
Relationship to Com pany or Individual
Company: �r�`��r� �Ji�i�% �J
Printed Name:
Marc A. O�t
Date: /':�� •p ���i���r�i c�ity Maraager Dat�: � f-1 �' �i ��
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Page 1 of 2
City of Forf Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/9/2007
DATE: Tuesday, January 09, 2007
LOG NAME: 30ALLIANCE RELO REFERENCE NO.: **C-21922
SUBJECT:
Authorize the Execution of Utility Relocation Reimbursement Agreements with AboveNet
Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc., McLeodUSA
Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell
Telephone, L.P., Sunoco Pipeline, L.P. and TXU Electric Delivery Company as Required for the
Relocation of FM 156 as Part of the Runway Extension Project at Fort Worth Alliance Airport (DOE
4867)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of utility relocation reimbursement
agreements with AboveNet Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc.,
McLeodUSA Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell
Telephone, L.P., Sunoco Pipeline L.P., and TXU Electric Delivery Company totaling $1,172,312.04 as
required for the relocation of FM 156 as part of the runway extension project at Fort Worth Alliance Airport..
DISCUSSION:
These utility relocation reimbursement agreements are required in connection with the realignment of
approximately 4.53 miles of FM 156 from downtown Haslet north to the existing FM 156 south of the SH
114 Interchange made necessary by the runway extension at Fort Worth Alliance Airport. In order to
construct the new location of FM 156, it is necessary to relocate all private utility service conflicts located
on the proposed FM156 and the existing FM 156. In order to eliminate these conflicts, the utility facilities
must be relocated and the owners of the facilities reimbursed as follows:
Abovenet Communications, Inc.
TCG Dallas
Southwestern Gas Pipeline, Inc.
McLeodUSA Telecommunications Services
Qwest Communications Corporation
Southwestern Bell Telephone, L.P.
Sunoco Pipeline, L.P.
TXU Electric Delivery Company
Total
The project is located in COUNCIL DISTRICT 2.
http://www. cfwnet.org/council�acket/Reports/mc�rint.asp
$319,064.40
$43,695.00
$98,881.00
$151,378.00
$33,106.00
$43,975.66
$138,902.00
$343,309.98
$1,172, 312. 04
2/8/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available, as appropriated, in the current capital budget of the
Airport Grants Fund.
TO Fund/Account/Centers
GR14 539120 055218035800 $323,675.34
GR14 534120 055218086800 $848,363.70
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Marc A. Ott (8476)
A. Douglas Rademaker (6157)
Mark Thigpen (8366)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/8/2007