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Home My WebLink AboutContract 34775CITY SECREY��Y � C�NTRACT NQ . REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") made thisok��day of�, 200�/J by and between McLEODUSA TELECOMMLTNICATIONS SERVICES, an IOWA corporation, having a business address at 5310 Harvest Hill Road, Suite 170, Dallas, Texas 75230 ("McLeodUSA") and the City of Fort Worth, a home-rule municipal corparation situated in Tarrant, Denton, Parker, and Wise Counties, Texas ("City") having a business address at 1000 Throckmorton Street, Fort Worth, Texas 761052. McCleodUSA and City may be referred to herein individually as a party and collectively as the parties. WITNESSETH: WHEREAS, Texas Department of Transportation proposes road improvements in the City of Fort Worth along FM 156 between Hwy ll4 and the Ciry of Haslet to accommodate the realignment of FM 156 and the Alliance Airport runway extension (the "Project"); and WHEREAS, McLeodUSA has a fiber duct system that is in conflict with the Project; and WHEREAS, the City has requested that McLeodUSA provide relocation services to relocate its facilities in conflict with the Project; and WHEREAS, the City of agrees to reimburse McLeodUSA for the actual expenses incuned by McLeodUSA related to the relocation services requested by the City NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: 1. McLeodUSA agrees to provide the relocation services to the City as is more fully described in Exhibit A. The starting date will be fixed by mutual agreement of the parties hereto and the Work to be done in accordance �vith the schedule. 2. The City agrees to reimburse McLeodUSA the actual costs of the relocation services that is estimated to be $.151,378.00, as are more fully set forth on Elchibit "A," attached hereto and made a party hereof ("Cost Estimate"). Upon completion of the relocation services, McLeodUSA shall present the City with a detailed invoice of the actual relocation services performed and the City agrees to make, within thirty (30) days fi�om the submittal date of a properly detailed invoice, a one-time full reimbursement payment of the actual costs. Provided, however, if the actual costs exceed the Cost Estimate by more than $25,000.00, additional City Council authorization will be required and, if granted, may take longer than thirty (30) days to obtain. Neither enhancement or betterment costs shall be reimbursed by the City. 3. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of the City for which the City is obligated to levy, pledge or collect any form of taxation. 4. The parties agree to exercise all due caution while causing any work to be done near the fiber optic ducts in order to prevent damages to the fiber duct system. 5. Not withstanding any other provision of this Agreement, in no event shall either party be liable to the other for any indirect, consequential or incidental damages, including but without limitation, loss of revenue, loss of customers or loss of profits arising from this Agreement and the performance or non- performance of obligations hereunder. 6. McLeodUSA agrees to indemnify and hold harmless the City, its officers, agents and employees, against and from any and all liability, loss and expense and shall defend all claims resulting from loss of life ar damage or injury to persons or property directly or indirectly resulting from the work performed by McLeodUSA to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Page 1 of 2 � ��>>. �� ;�� ";;��]��,,J>°'�l ��:'��v��?o �:, • � , ' ;a � G, i� u �i '��t' ��'��;,R��,�i�r1i �U'�'?��`,�,�'I� U�G�\ � ':'' `✓'�� i ' McLeodUSA or its agents or arises out of or in connection with the relocation services. As a necessary condition for such indemnity to be enforceable against McLeodUSA: (i) McLeodUSA shall be notified in writing promptly of any and all claims, liability, loss and expense for which the City seeks indemnification from McLeodUSA, and (ii) (ii) McLeodUSA shall have sole control of the defense of any and all claims, liability, loss and expense and all negotiations for their settlement or compromise. 7. This Agreement shall be enforceable in Tarrant County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the same shall lie in Tarrant County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8. No party may assign its rights and obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. 9. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns, subject to the provisions of Section 8. 10. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. Effective date of agreement as of date approved by the Ciry Council: CITY OF FORT WORTH : ` Marc Ott Assistant City Manager y'�T� � Marty Hendrix City Secretary a �� Cor�tr.a L uthorixa�i.��a DaLe McLEODUSA TELECOMMUNICATIONS SERVICES, INC. B: � Y Printed Name: /��C CG •- Page 2 of 2 ;� � ��`�� l� ai�f�� r., 2 i= 1 �,.'� v t� ,�..'�i '�,;;� � �i �'� 1:`: � ��t� �'� ��'� '`` �'�'1 �� i 2F;; �7� � �1. i �• -. -,j� U �;�n(� , ':'� ;�''1� U � � L�l � EXHIBIT A McLeodUSA Communications OSP Project Description / Cost Estimate Title: Haslet, TX FM 156 Reroute Relocation (Alliance Airport Runway Extension) Date: 6/21 /06 PRELIMINARY COSTS - $151,378.00 Proiect Description Due to the proposed reroute of FM 156 for the proposed Alliance Airport runway extension, McLeodUSA will be forced to relocate it's buried fiber duct system consisting of 4- 2" ducts and an active 264 fiber optic cable. The project will consist of the following work: FM 156 south "Tie-in": Abovenet will manage and fund the placement of approximately 2,000' of new ducts, in a joint trench, and associated handholes/manholes for several telcom carriers. McLeod will pull approximately 8,400' of new 264f cable, and perform splicing. FM 156 north 'Tie-in": McLeod will manage and fund the placement of approximately 2,900' of new 4- 2" ducts and associated handholes. McLeod will pull approximately 3,100' of new 264f cable, and perform splicing. Project Schedule (does not include Abovenet schedule) Enaineerina desian - 4 weeks Permits/approvals - 4 weeks Construction - 4 weeks Splice/test - 2 weeks NOTE: Project schedule starts after execution of reimbursement agreement and McLeodUSA funding is approved. Assumptions Construction permits can be obtained from city, county and state agencies. This is a desk top estimate and subject to change. Description w ;,",� �'j`�� o r�� ^� �i V'�7 �h,�11��.. ��VUJ�.� ,�� '!��;1�1�� U, :'�,�' ": C7�ie�� ✓�. a OSP Design & Permitting OSP Construction OSP Contractor labor Cable Splice, Term, Testing OSP Material OSP Inspection Internal Labor and Expenses OSP COST SUMMARY $7,500 $75,030 $42,480 $0 $5,368 $8,160 $12,840 Project Total $151,378 Cost Summary ��'�Y`J��. ` �V;�'�@" �� v , �;: !;'l �„'S �� J �. J � a :��r� I�� ' �� '�� 7 L-'��5��'' �� c 1� '�(% G � �� I?II •�c!.�''^4'��fl� ��10 1 Y o . `:/ �� Page 2 OSP Design & Permitting Description Quantity Rate Total Contractor Office Support Senior Engineer /dy $0 OSP Engineer /dy $0 Drafter I /dy $0 Drafter II /dy $0 Senior Drafter /dy $0 Materials Person /dy $0 Administrative /dy $0 Cad Station w/Plotter /dy $0 Misc Is $0 Total Office Support Contractor Design Support Survey & Design / Rural Survey & Design / Urban Survey & Design / Aerial Mapping Project Engineer Field Engineer Administrative Reimbursable Expenses Reproduction Misc Total Design Support Permitting City Permits County Permits State Permits Railroad Permits Misc Total Permitting 2900 ft mi mi /sh /dy ldy !dy Is Is 1 Is /ea /ea /ea /ea 1 Is $2.50 $200.00 $50 $0 $7,250 $0 $0 $0 $0 $0 $0 $0 $0 $200 $7,450 $0 $0 $0 $0 $50 $50 Total OSP Design & Permitting $7,500 OSP Design & Permitting �n ,�, ,. ��a�o , �'��'i,��;!� a.s��`Ji'� ,-. , . �I� �: �2 �t n "v ��1'r ��51; t 5�;. ��c . ;� -.. ,-, � J �� '`�:'�`�`:i!i�� G � f Page 3 OSP Construction Description Quantity Rate Total OSP Contractor Labor Plow 4 - 1.9" HPDE Directional Bore 4- 1.9" HPDE Directional Bore 6" BSP w/ 4- 1.9" HPDE Trench & Place 4- 1.9" HDPE Trench & Place 4" HDPE e/w 3- 1.25" indt Place handhole (3' x 5' x 2.5') Place manhole (4' x 4' x 4') Pull cable Remove cable Remove & restore asphalt Remove & restore concrete Reposition cable slack Place splice marker peds Place buried cable marker Misc / mobilization Total OSP Contractor Labor Cable 264f Sales tax (6.25%) Total Cable Splice, Term & Testing Splice Fiber Splice Pigtail (FEC/FDP) Misc (rack install, case prep) Fiber test Total Splice, Term & Testing OSP Materials 1.9" HDPE Handhole (2.5' x 5' x 2.5') Manhole (4' x 4' x 4') Splice closure / trays Norscan isolator protector unit Buried cable/splice marker (COTT finks) Buried cable marker (COTT) Yard/Warehouse Rent Misc / freight Sales Tax (6.25%) Total OSP Materials OSP Construction 2000 ft 700 ft 200 ft ft ft 3 ea ea 11500 ft 11500 ft sf sf 120 ft 3 ea 8 ea 2 Is 11800 /ft /ft $7.50 $24.00 $45.00 $12.00 $500.00 $2,300.00 $1.10 $1.20 $24.00 $20.00 $4.00 $200.00 $25.00 $2,500.00 $15,000 $16, 800 $9,000 $0 $0 $1,500 $0 $12, 650 $13,800 $0 $0 $480 $600 $200 $5,000 $0 $75,030 $3.60 $42,480 $0 $42,480 /ea $23.00 $0 /ea $32.00 $0 ea $250.00 $0 ea $0 $0 ft 3 ea ea 3 ea 3 ea 3 ea 8 ea /mo 1 Is $0.33 $595.00 $1,850.00 $450.00 $128.00 $35.00 $18.00 $1,600.00 $0 $1,785 $0 $1,350 $384 $105 $144 $0 $1,600 $5,368 �� ,��, ,, �,� L� �:;' � � � �,� �:=1! � �1t S��J :�: J � 5��- a G� � u � 'v� U�� L�� '`'a.� Page 4 j�''��^ C� �4Y��0 A Y �e 'd �; ��✓ ��,1 Ifti � OSP Construction Description Quantity Rate Total OSP Inspection I nspector Lead Inspector Construction Manager Misc Total OSP Inspection /dy 24 /dy /dy Is $285.00 $0 $340.00 $8,160 $350.00 $0 $0 $8,160 Total OSP Construction $131,038 OSP Construction .. Page 5 Internal Labor & Expenses Description Internal Labor & Expenses OSP Labor - project manager Operations Labor - splicing Travel & Expenses Reproduction Misc Quanti Rate Total 40 /hr* $90 $3,600 84 /hr* $110 $9,240 /ea $0 Is $0 Is $0 Total Internal Labor & Expenses $12,840 * Includes company overhead of office space, vehicles, equipment, splice equipment, accounting and general expenses. Internal Labor Page 6 Page 1 of 2 City of Fort 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. $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 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/5/2007 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 by: 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 2/5/2007