HomeMy WebLinkAboutContract 33579 CITY SECRETARY
CONTRACT NO .
CWOTS Record#2180T06
4801 Matlock Road, Room B-16
Arlington, TX 76018
Page 1 of 4
APPLICATION FOR CUSTOM WORK
April 27,2006 CWOTS Record Number: 2180T06
Customer Billing Telephone Number: Special Bill
BILL TO: CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, TX 76102
WORK SITE LOCATION: Houston Street—Omni Hotel Project
DESCRIPTION OF CUSTOM WORK:
This cost estimate is for project that will reroute cable on Houston Street in order to clear storm drain
for the City of Fort Worth for the Omni Hotel Project.
LABOR EXPENSE: $1,471,567.60; MATERIAL EXPENSE: $103,506.26;
OVERHEAD EXPENSE: $525,346.93;
CHARGE FOR CUSTOM WORK: ESTIMATED COST: $2,100,420.79
(Actual charges may exceed this estimated cost.)
Applicant requests that Southwestern Bell Telephone. L.P. perform the above-described custom work.
Applicant agrees to pay the charge(s)indicated above for such work. The charge(s)will be computed in
accordance with Southwestern Bell Telephone, L.P.'s ordinary accounting practices under the Uniform System
of Accounts for Class A telephone companies 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.
CHANGE ORDERS
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, L.P. at the time of this
agreement, Southwestern Bell Telephone, L.P. will be entitled to additional funds and/or additional time to
complete the work. Southwestern Bell Telephone, L.P. will request such additional funding and/or additional
time through a request for a change order.
Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work,
Southwestern Bell Telephone, L.P. 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.
CWOTS#2180T06
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All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before
Southwestern Bell Telephone, L.P. 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, L.P.'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, L.P.with responsibility for any alleged delay on the project.
NO DAMAGE FOR DELAY
Under no circumstances will Southwestern Bell Telephone, L.P. be held liable to Applicant,Applicant's agents,
employees or contractors, for any alleged delay on the project that forms the basis for this custom work order.
TIME TO COMPLETE
Any representation by Southwestern Bell Telephone, L.P., 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, L.P., 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, L.P.'s control, Acts of God, weather
delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern
Bell Telephone, L.P, its agents, servants, or employees, could not reasonably anticipate at the time of the
estimate.
PAYMENT
Applicant agrees to make an advance payment of$2,100,420.79 prior to commencement of the work.
Applicable charges for Custom Work will be billed on a special bill separate from the bill that Applicant receives
for telephone service.
After work is complete, the City of Fort Worth will either receive a refund if actual costs are less than advance
payment or a final invoice with additional charges that are due.
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 Southwestern Bell Telephone, L.P. 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 E or more months to complete.
CWOTS#2180T06
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CANCELLATION
If the Applicant cancels the work prior to completion,Applicant must notify Southwestern Bell Telephone, L.P., in
writing of said cancellation.
If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone,
L.P.for the costs it has incurred in starting performance under the contract. If Applicant has made an advance
payment, Southwestern Bell Telephone L.P.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.
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days from April 27, 2006. 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.
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 Karen Satterfield, 11930 Airline, Rm.219, Houston, TX
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, L.P., in writing of the cancellation. Southwestern Bell Telephone, L.P.,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, L.P., 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.
CHOICE OF LAW
Texas law governs the application of this agreement and all terms contained therein.
MOTS#2180T06
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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.
If the applicant cancels the work prior to completion,Applicant agrees to pay Southwestern Bell Telephone, L.P.
for the costs it has incurred in starting performance under the contract and before being notified to cease only.
The price is guaranteed for 60 days from April 27, 2006. 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
price that was originally quoted.
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.
A T R CUSTOM ACCEPTED-FQR SOUT7 STER BELL ELEPHONE, L.P.:
Authorized ignatu , Title or Title: Director-Construe
Reorcntibttto Company or Individual
Co"h*nt City Manziger
Printed Name:CiTY a+'►'" or?"h
Date: 5-1 5 o(o Date:
.Attested By:
4L ONE
- ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE,L.P.:
0Marty Hen
City Secretary
c
APPR TO FORM
Title- irector— ngineering
As-skant Ci t ey
Date: 4- 27-06
Contract A>>thorizatiOP
Date
CWOTS Record #2180T06
4801 Matlock Road, Room B-16
Arlington, TX 76018
April 27, 2006
CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, TX 76102
Dear Mr. Rademaker,
This letter is in regards to your request for Southwestern Bell Telephone, L.P. to perform
custom work for you. Enclosed please find an Application and Letter of Agency for Custom
Work. This application describes the custom work you have requested along with the
associated charges for us to do the work. We require an advance payment on this amount,
which is also shown on the application.
Both the SIGNED APPLICATION and the ADVANCE PAYMENT 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:
Southwestern Bell Telephone, L.P.
Attn: Judith Remington
4801 Matlock Road, Room B-16
Arlington, Texas 76018
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 1 888-321-
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,
6utli&
Judith Remington
CWOTS Department
Southwestern Bell Telephone, L.P.
817-467-8195 or 888-321-8536 Phone
817-467-8198 or 800-851-7311 Fax
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/9/2006 - Ordinance No. 16936-05-2006 & 16937-05-2006
DATE: Tuesday, May 09, 2006
LOG NAME: 30ATT-OMNI REFERENCE NO.: C-21451
SUBJECT:
Adopt Appropriation Ordinances and Authorize Payment Under Protest to and Execution of a
Custom Work Order Agreement with Southwestern Bell Telephone, L.P. for the Relocation of
Existing Facilities Located on Houston Street in Order to Clear Storm Drain and Other Facilities for
the City of Fort Worth for the Omni Hotel Project
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by
$2,100,420.79 and decreasing the unreserved, undesignated fund balance by the same amount;
2. Authorize the transfer of $2,100,420.79 from the Culture and Tourism Fund to the Specially Funded
Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of$2,100,420.79 from available funds; and
4. Authorize the City Manager to execute a Custom Work Order Agreement with Southwestern Bell
Telephone L.P. (SBC) under which the City will make payments under protest totaling $2,100,420.79 for the
relocation of existing facilities located on Houston Street in order to clear storm drain for the City of Fort
Worth Parking Garage and the Omni Hotel Project.
DISCUSSION:
In order to construct the City's new parking garage and the Omni Hotel west of the Fort Worth Convention
Center, it is necessary to relocate telecommunication cable on Houston Street in order to clear storm drain
for the Omni Hotel Project.
In order to eliminate these conflicts, SBC facilities must be relocated. SBC has requested that the City
execute a Custom Work Order Agreement and pay a total of $2,100,420.79 for the relocation of its facilities
on Houston Street in order to clear storm drain for the Omni Hotel Project.
The City Attorney's Office has advised staff that SBC may be responsible for some or all costs related to the
relocation of SBC facilities located in City right-of-way. However, in order to avoid a lengthy delay in the
construction of the Hotel and City garage, staff recommends that the City pay the amount requested by
SBC. City staff will inform SBC that the payment will be made under protest and without waiver of any rights
the City has to seek reimbursement of the $2,100,420.79
The project is located in COUNCIL DISTRICT 9, Mapsco 77A.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/24/2006
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FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund. The unreserved, designated fund balance of the Culture and
Tourism Fund will be $10,553,653 after this appropriation.
TO Fund/AccounVCenters FROM Fund/AccounVCenters
1) GG04 538070 0240400 $2,100,420.79 2) GG04 538070 0240400 $2,100,420.79
20)C291 472004 309240013673 $2,100,420.79 C291 539120 3092400136 $2,100,420.79
3) $2,100,420.79
C291 539120 309240013673
Submitted for City Manager's Office by. Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/24/2006