HomeMy WebLinkAboutContract 42897CITY SECRETARY Ll
CONTRACT NO. 7
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AT &T Texas
APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES
November 3, 2011 CWOTS Record Number: 1922T11
Customer Billing Telephone Number: Special Bill
BILL TO: CITY OF FORT WORTH
1000 Throckmorton St.
Fort Worth, TX 76102
WORK SITE LOCATION: Keller Haslet Road
DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED:
This cost estimate is for project to place 1,989 feet of copper cable and 2,232 feet of fiber cable in
temporary construction easement per request from the City of Fort Worth. This is a temporary move as
the permanent ROW is not available for permanent relocation at this time. All services will be routed to
temporary cable.
ESTIMATED LABOR EXPENSE: CONTRACTOR $ 15,142.58
SWBT $ 10,592.43
ESTIMATED MATERIAL EXPENSE: $ 20,385.24
ESTIMATED CORPORATE EXPENSE: $ 4,889.78
ESTIMATED CHARGE FOR CONSTRUCTION SERVICES:
ESTIMATED COST: $ 51,010.03 (Advance Payment)
(Actual charges may exceed this estimated cost.)
Applicant requests that Southwestern Bell Telephone Company d /b /a AT &T Texas (hereafter "SWBT ") perform
the above - described construction services on Applicant's behalf. Applicant agrees to pay the charge(s) indicated
above for such work. The work is to be done on an "Actual Cost" basis, all charge(s) will be computed in
accordance with Southwestern Bell Telephone Company's ordinary accounting practices 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 3, 2011. 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 $ 51,010.03 prior to commencement of the work. Please
make check payable to AT &T. Applicable charges for Construction Services will be billed on a special bill
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 {30}4ey-#+me
period will operate to cancel the change order and Southwestern Bell Telephone Company. WA �l ���SRD
activity on the project until payment is made. F�t���1.
8056 Contract Cost CITY (,;I<wCRETARY
IF T. WORTH, TX
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
advance 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 changes, 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 Johnson, 11930 Airline Dr., Room 205, 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
Southwestern Bell Telephone Company, 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 Southwestern Bell Telephone Company 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
Company, in writing of said cancellation.
If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone
Company for the costs it has incurred in starting performance under the contract. If Applicant has made an
advance payment, Southwestern Bell Telephone Company 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.
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 Company at the time of this
agreement, Southwestern Bell Telephone Company will be entitled to additional funds and /or 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 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 Company, could not
reasonably anticipate at the time 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,
Southwestern Bell Telephone Company 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.
8056 Contract Cost
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 Company 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 Company'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 Company with responsibility for any alleged delay on the project.
NO DAMAGE FOR DELAY
Under no circumstances will Southwestern Bell Telephone Company be held liable to Applicant, Applicant's
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 Company, 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 Company, 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 Company's control, Acts of God,
weather delays, labor disputes, vendor /contractor disputes, and other conditions or circumstances that
Southwestern Bell Telephone Company, its agents, servants, or employees, could not reasonably anticipate at
the time of the estimate.
CHOICE OF LAW AND ARBITRATION
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 CUSTOMER:
Authorized Signature, Title or
Relationship to Company or Individual
Company: Cl ��/ P
Printed Name: do 0
Date: 8 14
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ACCEPTED.F R Southwestern Bell Telephone Company:
Title: Manager — Operations Control
Company: SWBT dba AT &T Texas g4�g4�n
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Printed Name: Karen Rose ra0e 000000c, r�
Date: �n c0 /� p� o o ° o � �,A�
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AMAMDOX AND GALITY.
RECORD
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OFFICIAL
Y SECRETARY'
FT WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, December 06, 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 d /b /a
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 d /b /a 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 d /b /a 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- 0296 -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 / 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 /Account/Centers FROM Fund /Account/Centers
Logname: 55AFW RWY EXT UTILITY RELOCATION_ATT Page I of 2
GR14 539120 055218187720 $151.050.87
CERTIFICATIONS:
Submitted for City Manager's Office by: 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: 55AFW RWY EXT UTILITY RELOCATION ATT Page 2 of 2