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HomeMy WebLinkAboutContract 34292 CITY SECRETARY'1s�►=�.� r CONTRACT NO. REIMBURSEMENT AGREEMENT This REIMBURSEMENT AGREEMENT is made by and between LIGHT LINK NETWORKS, L.P. a Texas limited partnership, whose address is 591 Van Zandt County Road 4823, Ben Wheeler, Texas 75754-9739 (herein "LLN") and the city of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas (herein "CITY"), whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102. LLN and CITY may be referred to herein individually as a party and collectively as the parties. RECITALS: 1. Whereas, LLN„ along with AboveNet, AT&T, and Qwest own a common duct and fiber optic cable system within the right of way of FM 156 area of Haslett, Texas — of which LLN owns 2 — 1.5" HDPE ducts and associated manholes (Duct System). 2. Whereas, CITY and Alliance Airport are funding a project to extend the Alliance Airport runway and said extension will require the relocation of the Duct System in order to complete the Alliance runway expansion project. 3. Whereas, LLN and the CITY are desirous of creating an agreement whereby LLN will cause the relocation its Duct System to accommodate the runway project - provided that the cost of said relocation and all associated costs are fully reimbursed by the CITY. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. SCOPE OF WORK a. Subject to the terms and conditions contained herein, LLN, and/or AboveNet as lead contractor with whom the CITY has a separate reimbursement agreement, will relocate to a\minimum depth of 48"the LLN Duct System from the west side of Highway 156 to the east side of Highway 156 in the area where a proposed new FM 156 meets the existing FM 156—for a distance of approximately 1,500 linear feet. 2. CONDITIONS a. LLN will be provided with a Notice to Relocate Facilities letter from CITY identifying all engineering/relocation requirements to LLN prior to work start. b. LLN and CITY agree that LLN will be obtain all necessary permits from any and all governmental jurisdictions required to allow LLN to perform the work. c. This Agreement will be fully executed prior to LLN starting the work. Reimbursement Agreement 1 Light Link Networks & City of Ft. Worth As of: 11/6/2006 h . . 3. BILLING AND PAYMENT a. In consideration for LLN's performance of the work described herein, CITY will pay an estimated amount of$8.093.80. b. CITY will pay LLN 50% of the total amount prior to commencement of work and the balance after project completion within thirty (30) business days of receipt of invoice. c. LLN reserves the right to submit additional invoices for payment if unknown obstacles are found after work begins and pursuant to written change orders as submitted by LLN and approved by CITY after the work has commenced. d. CITY shall have the right to require LLN and any of its subcontractors or suppliers to provide a written certification that all work has been completed in accordance with the terms of this Agreement to the time of payment including, if applicable, punch list items, as a condition precedent to CITY's obligation to make payments under this Agreement. 4. DISPUTE RESOLUTION a. It is the intent of the parties that any disputes which may arise between them to be resolved as quickly and informally as possible. In the event that a dispute has not been resolved within ten (10) business days by the personnel responsible for the relevant issues, either party may, by written notice, request the dispute be referred to mutually agreeable mediator—prior to bringing suit for damages. 5. SAFETY a. COMPLIANCE WITH LAW. LLN agrees to fully comply with all applicable laws, ordinances and regulations. b. LLN and its subcontractors shall take all reasonable safety precautions pertaining to the Work and the conduct thereof. Without limiting the generality of the foregoing, it shall comply with all applicable laws, ordinances, rules, regulations and orders issued by any public or governmental body or authority including, but not limited to: occupational safety and health; environmental and legislation and, in addition,the safety measures called for by TXDOT and the CITY. Reimbursement Agreement 2 Light Link Networks & City of Ft. Worth 60, ��1r:1 As of: 11/6/2006 6. MISCELLANEOUS PROVISIONS a. Entire Agreement i. This Agreement (including the Exhibits hereto) constitutes the entire agreement between the parties with respect to the subject matter hereof. The terms of this Agreement may only be amended or modified by an instrument in writing executed by the parties hereto. b. Binding Effect i. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. c. Governing Law i. This Agreement, the rights and obligations of the parties hereto, and claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements executed and fully performed therein. It is agreed that the State Court sitting in Tarrant County, Texas will have jurisdiction over any controversy regarding this Agreement, and any action or proceeding which involves such controversy will be brought only in the state court located in Tarrant, Texas. d. Notices i. Any and all notices to be given under this Agreement shall be in writing and delivered by personal service, certified mail, return mail requested or any other delivery service capable of providing proof of delivery as follows: LLN: Mickey Redwine Light Link Networks, LP 591 VZ CR 4823 Ben Wheeler, Texas 75754-5399 CITY: City of Fort Worth Attn: Robert Goode, Director Transportation and Public Works 1000 Throckmorton St. Fort Worth, Texas 76102 e. Assignment Neither party shall assign or otherwise transfer, by operation or otherwise, any of its rights or obligations under this Agreement without notifying the other party in writing. f. Severability Reimbursement Agreement 3 Light Link Networks & City of Ft. Worth As of: 11/6/2006 If any part of this Agreement is found to be void or unenforceable, that determination will not effect the validity of the remainder of the Agreement. IN WITNESS WHEROF, the parties hereto have executed this Agreement by their proper officers or duly authorized agents. LIGHT L NETWORKS, LP CITY OF FORT WORTH Micgp-y"Ikedwine arc nA. Ott Presiden Assistant City Manager Approved as to Form and Legality: Amy J sey Assistant City Attorney -`attested By-. Marty Hendr . City Secretary Reimbursement Agreement 4 ,,�zI 'i'1 rl, '�' l�vc` Light Link Networks & City of Ft. 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