Loading...
HomeMy WebLinkAboutContract 42944 rr AT&T Tex crry sECKCT4Aff tOWRAM NOW Ll xmw� at&t February 3, 2012 CITY OF FORT WORTH 1000 Th rockmorton Street, 2nd Floor Fort Worth, TX 70102 RE: CWOTS Record Number 1865T1 1 Dear Mr. Buckley, This fetter is in regards to your request for Southwestern Bell Telephone Company �� p pa ny dlbla AT&T Texas (hereafter SWBT ) to perform construction services for you. Enclosed . y sed please find an Application and Letter of Agreement for Construction Services. This application ' . pp on describes the construction services you have requested along with the associated charges for us to d g o the work. We require an advance payment on this amount which is also shown o n the application. ' s Both the SIGNED APPLICATION and the ADVANCE PAYMENT made payable . to AT&T, must be received by our office before we can proceed on our behalf with the work. . y Our mailing address for these documents is listed below: SWBT dlbla AT&T Texas Attn: Judith Remington Address: 4801 Matlock Road, Room B16 City, State, Zip: Arlington, TX 78018 Office Hours; 7:30 AM to 4:00 PM If you decide not to proceed with this work, please call our business office so that we may cancel your request. As always, please feel free to contact our business office at 888-321-8538 if you have any questions regardin g this matter. Please refer to the record number at the top of our application to assist us in locating Y pp g your file. Sincerely, Judith Remington CWOTS Department SWBT 817-487-8198 or 888-321-8538 - Phone 4 817-487-8198 or 800-851-7311 - Fax OFP'^ AA f-:C0r.0 �- at&t AT&T Texas APPLICATION FOR CONSTRUCTION SERVICES February 3, 2012 C1AIoTS Record Number: 1865T11 Customer Billing Telephone Number: Special Bill I BILL TO: CITY OF FORT WORTH 1000 Throckmorton Street, 2"d Floor Fort Worth, TX 76102 WORK SITE LOCATION: Blue Mound Road & the Lonesome Dove Subdivision DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: This cost estimate is for project to relocate an required for VRAD equipment. and cable at Blue Mound Road. Re-route of quipment. power LABOR EXPENSE: Contractor: $18,750.87• SW BT:EXPENSE: BT- $42,244-87; MATERIAL EXPENSE: $19 543 $19 .60; ,51�1.5Q; ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $1009040.84 (Actual charges may exceed this estimated cost.) Applicant requests that Southwestern Bell Telephone Company dlbla AT&T Texas, hereafter " � SWBT } perform the above-described construction services. Applicant agrees to pay the charge(s) indicated above for such services plus applicable taxes. The work is to be done on an "Actual Cost" basis all c in accordance with 5W8T's ordinary accounting � charge(s) will be computed materials, transportation mot g p actives and will include allocated costs for labor, engineering, or vehicles, tool and supply expenses and sundry billings g g' suppliers for work and materials related to the job . The y g from sub-contractors and Telephone Company as been � e Applicant affirms that the cost estimate furnished b the Y considered only as an estimate of approximate cost y incurred by the Telephone Company in doing he � sand that the actual costs estimated cost is subject to g work at the particular time and location might be higher. 1 change due to any number of factors including, g Said in the field, weather delays, or changes in the scope of g� but not limited to, changing conditions p the work. ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 days y from February 3, 2012. If the charges are not accepted within 60 days the order will be cancelled and a new or p der will need to be placed. The second estimate ma be higher than the estimated price set out above. y PAYMENT Applicant agrees to make an advance payment of 10 construction services and y ��4�.54 prior to comr�����f.-,. Char es f applicable taxes will be billed on a special bill Se r A- r g or receives for telephone service. pe f.:omi tie at Applicant AT&T Texas at&t 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 SWBT 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 TAXES Applicant will pay and indemnify SWBT against all sales, use and other taxes (excluding income and franchise taxes), including fees, levies, other similar charges, interest and penalties imposed upon and paid by or assessed on SWBT by reason of its sale and installation of material and provision of construction services under this Application except to the extent a valid tax exemption certificate is provided by Applicant to SWBT prior to the delivery of material and provisioning of construction services. 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 Pam G. Johnson, 11930 Airline Drive, Room 206, Houston, Texas, 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 SWBT, in writing of the cancellation. Southwestern Bell Telephone Company 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 SWBT, 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 SWBT, in writing of said cancellation. If Applicant elects to cancel the work prior to completion, Applicant agrees to pay SWBT for the costs it has incurred in starting performance under the contract. If Applicant has made an advance payment, SWBT 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. AT&T Texas at&t CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS Should concealed conditions exist, including conditions that may exist below the surface of the roun g d, or if conditions exist that could not have been anticipated by SWBT at the time of this agreement, SWBT will be entitled to additional funds andlor additional time to complete the work. Southwestern Bell Telephone Company 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 tim e of the price quote, above ground barriers, Acts of God affecting the e progress or sequencing of the work, labor disputes, and other conditions or circumstances that SWBT, could not reasonably anticipate ate at the tim e of providing the above referenced price quote to Applicant. Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work g p , SWBT is entitled to seek from Applicant, its agents, servants, or employees, additional funds as necessary o perform y p 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,to before p y SWBT proceeds to execute the work or, if work has been initiated on the project, continues with executing he work property. p p Y except in an emergency endangering life or ro g Applicant, its agents, servants or employees, are deemed to have accepted the terms of an y g de change order by signing where indicated on the change order. Under no circumstances will SWBT's request for a change order be deemed or used as evidence of delay y on to project. Nor will any change order issued in this project be used to charge SWBT with responsibility for an alleged delay on the project. p y Y NO DAMAGE FOR DELAY Under no circumstances will SWBT be held liable to Applicant, Applicant's agents, employees or contractors for any alleged delay on the project that forms the b g o p 1 e asis for this agreement for construction services. TIME TO COMPLETE Any representation by SWBT, its agents, servants or employees that the project, or an additional p 1 y work authorized by change order, will be complete by a certain date or certain time period is strictly n estimate and not binding on SWBT, its agents, servants, or employees. All Y estimated completion dates are subject to changing conditions in the field, changes in the scope of the work, relocation of existing utilities not within SWBT's control,of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that SWBT, its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. OFFIq� �� 4� I. AL � as �,_.�RE M • r ■ .n r AT&T Texas at&t CHOICE OF LAIN 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. 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 ACCEPTED FOR CUSTOMER: SOUTHWE TERN BELL ELL EPHONE COMPANY: x x Authorized Signature, Title or Title: Area Manager--Construction & Engineering Relationship to Company or Individual n Company: C14,-, (4 Company: SW BT dlbla AT&T Texas Printed Name: Pk- Printed Name: Vance Simmons Date: Date: �- Wit rs &J l ,d OU01 % A*mftd o° a MWO 0 0A , APPR D AS TO FORM AND LEGALITY: o miry J. s`i C ., 4 Ay CITY ATTORNEY �.o.y f � ' City of F Worth, Texas Mayor a t' 6tw• ...' .R.. :.. i":aOiX::...i?.:i::•:i::-. s 'S'a`..gx`.:::rxa.:;. ::..i..a• ew 'a::: .aAF. dPw- x�'•i!`k`7e?•> ..>4�'v:��1 .� °!°.?'if:?ffAC::T# ::°^: . Y.n' 4:'�Rk r5°!P4'v'.??!':i.:"` ,.: .r....',."s:R,....:t ttri' 'ts'$ii:l... 'S'.ativ,raSu>?Ciaxe:: 6?:�v'NeS-...?d.��Vi�eRa: pddF.... :U •Fe?r.A?d: iP.3c1ai9Ri�&.'�$ COUNCIL ACTION: Approved on 12/6/2011 DATE: Tuesday, December 05, 2011 REFERENCE No.: **C-25323 LOG NAME: 55AFW RWY EXT UTILITY RELOCATION ATT SUBJECT: Authorize Execution of a Utility Adjustment Agreement with Southwestern Bell Telephone Company dlbla AT&T Texas in the Amount of$151,050.87 for Relocation of a SAI and Cable at Blue Mound Road and Re- Route of Power Required for VRAD Equipment as Part of the Runway Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of a Utility Adjustment Agreement with Southwestern Bell Telephone Company dlbla AT&T Texas in the amount of$151,050.87 for relocation of a SAI and Cable at Blue Mound Road and re-route of power required for VRAD equipment as part of the runway extension project at Fort Worth Alliance Airport. DISCUSSION: This Construction Utility Relocation Reimbursement Agreement is required to pay for the relocation of certain Southwestern Bell Telephone Company dlbla AT&T Texas (AT&T) in the amount of$151,050.87 for relocation of a SAI and Cable at Blue Mound Road and re-route of power required for VRAD equipment to allow the realignment of the Burlington Northern Santa Fe Railroad (BNSF) Main Line as a part of the Runway Extension Project at Fort Worth Alliance Airport. In order to construct the new runway extension, it is necessary to relocate all private utility service conflicts located on the proposed BNSF Main Line. AT&T has a distribution line north of Blue Mound Road and The Lonesome Dove Subdivision that will need to be relocated to allow BNSF to construct their new main line track. The utility facilities will be relocated by AT&T to be reimbursed by the City for the agreed upon amount. Federal Aviation Administration funds from Runway Extension Grant 3-48-0235-33-2007 will be used for this project. Existing land credits that remain from the original land donation for Alliance Airport will be used for the City's five percent in-kind match. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION 1 CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Airports Grant Fund. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/AccounVCenters Logname: 5 5 AF`]V R`]VY EXT UTILITY RELGCATIGN_ATT Page I of 2 GR14 539120 055218187720 1151,050.87 CERTIFICATIONS: Submitted for City Manager's Offic Fernando Costa (6122) Originating Department Head: Kent Penney (5403) Ruseena Johnson (5407) Additional Information Contact: Patrick Buckley (2443) ATTACHMENTS 1. 55AFW-ATTMap.pdf (Public) 2. ATT.pdf (CFW Internal) 3. Avail funds 218187.doc (CFW Internal) 4. Utility FAR.pdf (CFW Internal) Logname: SSAFW RWY EXT UTILITY RELOCATION_ATT Page 2 of 2