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Home My WebLink AboutContract 50030 AT&T Texas at&1' �Ec�NEa DEC -6 2011 cis a��oRT woATH CITY SECRETARY RACT NO c�N s�ca��a�Y CONT . APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES November 30, 2017 CWOTS Record Number: 1051T16 Customer Billing Telephone Number: Special BILL TO: City of Fort Worth-TPW 100 Throckmorton St. Fort Worth, TX 76102 WORK SITE LOCATION: Eastern Arlington Heights DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: This cost estimate is for project to relocate all existing aerial lines to underground environment. LABOR EXPENSE: $87,393.93 MATERIAL EXPENSE: $12,483.22 CORPORATE OVERHEAD EXPENSE: $20,122.85 ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $120,nnn.nn (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 services plus applicable taxes. The work is to be done on an "Actual Cost" basis, all charge(s)will be computed in accordance with SWBT'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 30, 2017. 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 or purchase order in the amount of $120,000.00 prior to commencement of the work. Charges for construction services and applicable taxes will be billed on a special bill separate from the bill that Applicant receives for telephone service. OFFICIAL RECORD CITY SECRETARY FT.WORTNv TX 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 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 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 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 CWOTS DEPT. 4801 Matlock Road, Room B16, Arlington, Texas, 76018. 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 ground, 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 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 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 SWBT, 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, SWBT 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 SWBT 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 SWBT'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 SWBT with responsibility for any alleged delay on the project. 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 basis for this agreement for construction services. TIME TO COMPLETE Any representation by SWBT, 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 SWBT, 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 SWBT's control, Acts 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. AT&T Texas at&t CHOICE OF LAW Should any dispute arise between the parties concerning the subject matter of this agreement, or any term contained therein, the parties agree that the dispute or claim shall be submitted to mediation prior to litigation in a court of competent jurisdiction. Texas law governs the application of this agreement and all terms contained therein. INDEMNIFICATION AND HOLD HARMLESS To the extent permitted by law, applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless SWBT, and its employees, agents and contractors, from and against any and all claims, costs, expenses, judgments or actions for damage to property or injury or death to persons, and/or arising from or relating to the work that is the subject of this agreement, to the extent any such claims are caused by the negligent acts or omissions of the Applicant, its agents, servants, or employees. Nothing contained herein shall ever require the Applicant to create a sinking fund. 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: SOUTHWESTERN BELL TELEPHONE COMPANY: x Assistant City Manager Title: MGR OSP Planning & Engineering Design Company: City o Fort Worth Company: SWBT d/b/a AT&T Texas Printed Name: Jay Chapa Printed Name: Debra Robey Date: ( ;^qf 1-7 Date: November 30, 2017 APPROVAL RECOMMENDED: By: Z :�0 Dougla Wiersig, P.E. Director, Transportation and Pu tic Works APPROVED AS TO FORM AND LEGALITY By: M&C: C-28055 Douglas W. Black Sr. Assistant City Attorney Date: 12-13-16 Form 1295#2016-144035 ATTE ORT... ary J. Kayser U _ City Secretary �5 Contract Compliance Manager: By signing I acknowledge that I am the person r onsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Michael Weiss, P.E. Sr. Professional Engineer aygl OFFICIAL RECORD t6 g f 9 CITY SECRETARY FT.WORTH,TX } } AT&T Texas a`� November 30, 2017 City of Fort Worth-TPW 1000 Throckmorton St. Fort Worth, TX 76102 RE: CWOTS Record Number: 1051T16 Dear Mr. Weiss, This letter is in regards to your request for Southwestern Bell Telephone Company d/b/a AT&T Texas (hereafter "SWBT") to perform construction services for you. Enclosed please find an Application and Letter of Agreement for Construction Services. This application describes the construction services you have requested along with the associated charges for us to do the work. We require an advance payment or purchase order on this amount, which is also shown on the application. Both the SIGNED APPLICATION and the ADVANCE PAYMENT OR PURCHASE ORDER, made payable to AT&T, must be received by our office before we can proceed on your behalf with the work. Our mailing address for these documents is listed below: SWBT d/b/a AT&T Texas Attn: Esmeralda Ceballos 4801 Matlock Road, Room B16 Arlington; TX 76018 (Office Hours: 8:00 AM to 4:30 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 888-321-8536 if you have any questions regarding this matter. Please refer to the record number at the top of your application to assist us in locating your file. Sincerely, 54MOMU4 &"I" Esmeralda Ceballos CWOTS Department Southwestern Bell Telephone Company 817-467-8124 or 888-321-8535 - Phone 817-467-8198 or 800-851-7311 - Fax M&C Review Page 1 of 2 Official 0e of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO RTT IVORT_I I� COUNCIL ACTION: Approved on 12/13/2016 DATE: 12/13/2016 REFERENCE C-28055 LOG NAME: 20MONTGOMERY UTILITY NO.: RELOCATIONS CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the Execution of Discretionary Service Agreements in the Collective Amount of $1,311,000.00 with Three Franchise Utility Companies as Follows: Oncor Electric Delivery Company, LLC in the Amount not to exceed$1,066,000.00,AT&T Inc. in the Amount Not to Exceed $120,000.00 and Charter Communications, LLC in the Amount Not to Exceed $125,000.00 for the Relocation of Overhead Utilities and Installation of Underground Utilities Along Montgomery Street from Camp Bowie Boulevard to IH-30 (COUNCIL DISTRICT 7) RECOMMENDATION: It Is recommended that the City Council authorize the execution of Discretionary Service Agreements for the relocation of overhead utilities and the installation of underground utilities along Montgomery Street from Camp Bowie Boulevard to IH-30 with: 1 Oncor Electric Delivery Company, LLC in the amount not to exceed $1,066,000.00; 2. AT&T Inc. in the amount not to exceed$120,000.00; and 3. Charter Communications, LLC in the amount not to exceed $125,000.00. DISCUSSION: The 2014 Bond Program includes funding for the reconstruction of Montgomery Street between Camp Bowie Boulevard and IH-30. This project includes reconstructing the existing roadway,turn lanes, storm drainage improvements, installation of shared use paths, sidewalks, streetlights,traffic signals, landscaping and irrigation. Oncor Electric Delivery Company, LLC (Oncor)will relocate approximately 5,000 linear feet of overhead electric lines on the west side of Montgomery Street and install approximately 2,000 linear feet of underground electric line from north of Harley Avenue to south of Linden Avenue on the east side of Montgomery Street with underground switchgear to serve Montgomery Street improvements as well as the new arena. The remaining 3,000 linear feet of overhead electric lines on the east side of Montgomery Street will be relocated behind the proposed ten foot wide shared use path with 65-foot tall poles to provide adequate clearance for the existing and proposed trees. Oncor will also extend underground electric service along Harley Avenue from Montgomery Street to Gendy Street. Both AT&T Inc. (AT&T)and Charter Communications, LLC (Charter)will relocate approximately 3,500 linear feet of overhead lines into underground conduit on the west side of Montgomery Street from north of Lansford Lane to Trail Drive. The remaining 1,500 linear feet of overhead lines will be relocated with Oncor's power poles. The City's Construction Manager at Risk for the Montgomery Street Project, Haydon Building Corp,will install the underground conduit and junction boxes as part of their construction services. The total cost for these Discretionary Service Agreements is$1,311,000.00. City staff considers these costs to be fair and reasonable for the proposed scope of services. The Montgomery Street Project has components of the overall project that include project management, httnJ/anns.cfwnet.or�/council nacket/mc review.asn?ID=24047&councildate=12/13/2016 4/6/2017 M&C Review Page 2 of 2 design; Construction Manager at Risk, easements and right-of-way acquisition, construction, administration, material testing, inspection and contingencies. The City's Montgomery Street Project budget is $13,950,000.00 and $450,000.00 for the design of the Eastern Arlington Heights Drainage Improvements. Construction of Montgomery Street is anticipated to begin in summer 2017. Funding for this project is being provided from the 2014 Bond Program. The Project is located in COUNCIL DISTRICT 7, FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the 2014 Bond Program. Additional Appropriations Proposed Description Existing Appropriations per M&C Appropriations 2014 CIP(34014) $8,000,000.00 $0.00 $ 8,000,000.00 2008 CIP(39411) $3,405,620.00 $0.00 $ 3,405,620.00 2004 CIP(39410) $2,544,380.00 $0.00 $ 2,544,380.00 Stormwater Design (a2002) $ 200,000.00 $0.00 $ 200,000.00 Stormwater Design ( 51) $ 250,000.00 $0.00 $ 250,000.00 Stormwater Construction (To Be Determined) $ 0.00 - Total $14,400,000.00 $0.00 $14,400,000.00 Fund Department Account Project Program Activity Budget Refermee/ Amount ID ID Year Chartlfeld 2 nFundDepartment Account Project Program Activity Budget Reference# Amount ID ID Year Chartfleld 2 Submitted for City Manager's Office by: Jay Chapa(5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mike Weiss(8485) ATTACHMENTS Montgomery Street Form 1295-Signed 12.9.16 Oncor.pdf MONTGOMERY UTILITY RELOCATIONS MAP.pdf i... ^-Axmp+ nanlrnt/mn review acn?TT)=24047&councildate=12/13/2016 4/6/2017 A r 1 . 05 arl./•■ r•r� it 1 �I�,.� �'�� • '�'�� a■.r a■1r111■ii■■it rrr ■ li'! �t� � �' aIrr■. 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R , a DEXT£ , �1�CCEE 0 , WIRE.z ■ o .� C��,ff��i1WY��.►�TI �I. �� a . _y�' BVERS. I .. �Z t. {{ W "�T� r'7� I •'��'� I� 4IJ 7r 3i.y .:UNDEN. O ! a� Jr`�1'117 I��..., y I aaLUNwaoo % 3 NoWN �� 1t'!►1\ ��1L— n �� EL CAMPO t 1 ♦ . 111,t��i� ___. � • - ,j,,t t �. , � � � � }. _ . �"'1��` •• 11 1 , •i 1,1,111') i�i'' PERSNING � ... a[ 1■� .I/i�"�j■/�'1►►�rri—� w�„r�l��J 1. t'.'�- I- 11 ` �`�!,�.BIRCHraAN - � tea.. I�ii �'• . 1:■F �, � • r; w q +,—/�' �G `', • �lr+'► � ICI �� ' � J cA Nr � 1■ i r loll - 1•L � �Itllrll�, � N `I� CERTIFICATE OF INTERESTED PARTIES FORS 1,295 1af1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing farm,and the city,state and country of the business entity's place Certificate Number. of business. 2016-144035 AT&T — 7-,EX h FORT WORTH,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 12107/2016 being filed. CITY OF FORT WORTH Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services„goods,or other property to be provided under the contract, 02432 MONTGOMERY ST UTILITY RELOCATIONS Nature of interest 4 Name of Interested Party City,State,Country(place of business) (chock applicable) Controlling Intermediary 5 Check only if there is NO Interested Parry. Lai X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. RUTH .SWAN CY My rotary 10#1049543 ;1" fat tpitg3 M3t;h�1,2iz21 Signature of authorized agent of contracting business enaty AFFIX NOTARY STAMP/SEAL ,ABOVE Sworn to and subscribed before me,by the said this the day of 20 ,to certify which,witness my hand and seal of office. e-al'L Wit(7 Signature of f car administ oath Printed name of o*cer administ ing oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.st6te.tx.us Version V1.0.277