HomeMy WebLinkAboutContract 33790 s
CITY SECRFTARY
C0NTRr,, ,1w0 .
996580.Ft.Worth.TX
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT(herein "Agreement") is made and entered into and effective this
9b day of ,kne , 20 pb , by and between MCI Communications Services, Inc., a Delaware
corporation (herein "MCI"), on behalf of itself and/or its *Affiliate(s), having a mailing address at 2400 North
Glenville, Richardson, Texas 75082,and The City of Fort Worth, a home rule municipal corporation of the
State of Texas located within Tarrant, Denton, Parker and Wise Counties, Texas (herein "Reimbursor")by
Marc A. Ott, its duly authorized Assistant City Manager, having a mailing address at 1000 Throckmorton Street,
Fort Worth, Texas 76102.
*"Affiliate"means an entity that directly or indirectly owns or controls, is owned or controlled by,or is under
common ownership or control with,MCI. For the purposes of this Agreement,"own"or"control"means to own
an equity interest(or equivalent)of at least ten percent(10%),or the right to control the business decisions,
management and policy of another entity performing any of the obligations set forth in this Agreement. For
purposes of this Agreement, Verizon is specifically recognized as an Affiliate.
WITNESSETH:
WHEREAS, Reimbursor is constructing, reconstructing, crossing, or otherwise changing a portion of the
Throckmorton Street, Houston Street, and 13th Street right-of-way in Tarrant County, Fort Worth, Texas which
requires the protection or relocation of MCI facilities along, over and/or under said easement or right-of-way;and
WHEREAS,as a result of Reimbursor's construction activity,Reimbursor has requested MCI to relocate or protect a
portion of its facilities without cost or risk to MCI; and
WHEREAS, MCI, under the terms hereinafter stated, is willing to undertake such relocation or protection of its
facilities(herein the"Project")solely in order to accommodate Reimbursor,provided Reimbursor reimburses MCI
for all of its costs, both direct and indirect associated with the Project.
NOW THEREFORE,in consideration of the promises and mutual covenants herein contained,MCI hereby agrees
to undertake the Project in accordance with the attached Exhibit A, subject to the following terms and provisions:
1. Reimbursor agrees that Exhibit A represents the scope of work for the Project.
2. Reimbursor may,at its own expense,inspect construction performed by MCI in connection with the Project.
3. Except as provided in paragraph 4,Reimbursor agrees to bear all direct and indirect costs incurred by MCI
and relating to any construction by MCI in connection with the Project, including, but not limited to, labor,
materials,construction,damages,administrative overhead,taxes,travel expense,legal fees and other reasonable out
of pocket expenses. Reimbursor waives any and all delay damage claims, except if caused solely by the gross
negligence or willful misconduct of MCI.
4. The total cost of the Project is estimated to be Eleven Thousand Forty and no/100 Dollars($11,040.00),as
detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate and shall not be
construed as limiting the amount MCI is to be reimbursed by Reimbursor under this Agreement. MCI shall provide
notice to Reimbursor when MCI becomes aware that actual costs will exceed the estimate by more than ten percent
(10%). MCI may,in its sole discretion,submit to Reimbursor an itemized invoice for actual Project costs not more
often than monthly. Reimbursor shall pay the full invoice within thirty(30) days' following receipt of same.
.Ir
996580.Ft.Worth.TX—revised 6/12/06
5. Following the completion of this Project,MCI shall make an accounting of final,unpaid,actual costs of the
Project and provide Reimbursor with a copy of said accounting and an itemized invoice therefore(herein the"Final
Invoice"). Reimbursor shall pay the Final Invoice within thirty(30)days after receipt. 6. Reimbursor agrees to
coordinate the activities of other contractors working in the vicinity of the proposed Project. No work shall be
performed by Reimbursor within ten feet(10')on either side of the existing MCI facilities in the right-of-way until
the Project has been completed.
7. The obligations of MCI are subject to force majeure and MCI shall not be in default of this Agreement if
any failure or delay in performance is caused by strike or other labor problems;accidents;acts of God;fire;flood;
adverse weather conditions;material or facility shortages or unavailability;lack of transportation;the imposition of
any governmental codes, ordinances, laws, rules, regulations or restrictions, including, without limitation, the
necessity of obtaining permits or environmental assessments or environmental approvals; condemnation or the
exercise of rights of eminent domain; war or civil disorder; or any other cause beyond the reasonable control of
MCI.
8. Written notice shall be given to MCI by Reimbursor at least forty-eight(48)hours, excluding Saturday,
Sunday and legal holidays, in advance of commencement of any work in the immediate permitted area, but not
within said ten feet(10')on either side,of the MCI facilities as set forth in Section 6. above. Said notice shall be
given to those individuals listed on the Contact Sheet of Exhibit A. In the event of an emergency,Reimbursor shall
provide telephonic notice to MCI at 1-800-MCI-WORK upon Reimbursor's notice of such emergency.
9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or
understanding by and between MCI and Reimbursor pertaining to the Project.
10. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their
successors and assigns.
11. Each party warrants that it has the full right and authority to enter into this Agreement. All necessary
approvals and authority to enter into this Agreement have been obtained and the person executing this Agreement
on behalf of each party has the express authority to do so and in so doing,to bind such party hereto.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written.
REIMBURSOR: MCI COMMUNICATIONS SERVICES,INC.
CI,T,Y OFA FORT WORT
4
B�y:� By: U V
Marc A. Tom E. Avila
Assistant City Manager Senior Manager OSP National Support
Date:_ J(wa� Date: _ Ghat✓/�I�
RECOMMENDED:
2
996580.Ft.Worth.TX—revised 6/12/06
By: 4n OW
A Douglas Rademaker, P.E.
Director, Department of Engineering
APPROVED AS TO FORM AND LEGALITY:
my J. R sey
Assistan ity A orney
/Attested By:
(Marty Hendrix
Citv Secretary-
NO M&C: I'L:;�1J1d�Ist3
3
EXHIBIT A
Scope of Work
FT. WORTH, TEXAS - OMNI HOTEL CONSTRUCTION
MCI Project # 996580
BACKGROUND:
Omni Hotel is constructing a new Hotel and parking garage in Fort Worth, Texas
conflicting with MCI's local cable located in Fort Worth, Texas.
SCOPE OF WORK:
THIS SCOPE OF WORK AND COST ESTIMATE ARE CONDITIONED
UPON MCI's ABILITY TO OBTAIN A LEASE FOR THE 560 FEET OF
DUCT FROM AT&T/SBC.
MCI's construction will consist of trenching approximately 40 feet at the intersection of
Houston and 11th Street to tie an existing MCI manhole to an existing AT&T/SBC
manhole (#440A). One four(4) inch PVC conduit 560 feet in length shall be leased from
AT&T/SBC for a period of 30 years. At the intersection of Houston and 13th Street, an
additional trench of 50 feet shall be required to tie an existing AT&T/SBC manhole (#
666)to an existing MCI manhole. MCI will perform a hot splice rollover.
CONTACTS:
MCI
Project Manager: Buddy Smith Regional Manager: Steve Purcell
Off#972-729-5845; Cell#214-783-5169 Off#972-729-7091
Email: buddy.smith ,verizonbusiness.com
Mike Bitsche, Construction Coordinator
Cell #214-755-6741
Agreements: Kay Parsons
Off#972-729-5005
Email: kay.parson&verizonbusiness.com
City of Fort Worth:
Mr. Doug Rademaker, Director of Engineering
Mr. Kevin Bruton
1000 Throckmorton Street
Room#234-C
Ft. Worth, Texas 76102
�,�P2
Transmission Systems Construction EXHIBIT B
- • R&U Project Budget
6/6/2006 Page 1 of 2 2
-Project#: 996580 Revision: 2 Date Prepared: 6/6/2006
Title: FORT WORTH.T X OMNI HOTEL CONSTRUCTION Engineer: SMITH.BUDDY
Site Code: FTWDTX Lead Engineer:
1
Capital Project: City: FORT WORTH
? Capital Prj.Title: State: Texas
Regen/Regen Spans: Footage: 2500
c
Kn,
ESTIMATED ENGINEERING TIME: (DAYS) ESTIMATED CONST.TIME: (DAYS)
Engineering: I Construction:
Drafting:
As Built Doc.
TIME FRAME TOTAL TIME FRAME TOTAL:
k z
Investigation#: Eng.Start: Construction Start: 7/14/2006
Disposition: Refund Eng. Construction Complete: 7/31/2006
A) ENGINEERING $1,452.00
B) INSPECTION SERVICES $580.00
x' C) MCI FURNISHED MATERIALS $0.00
D) CONTRACTOR UNIT PRICE SCHEDULE $7,868.00
' E) SPLICING LABOR $1,140.00
F) SUBTOTAL
$11,040.00
G) OVERHEAD-20%OF ITEMS A-C&E $0.00
H) OVERHEAD-5%OF ITEM D $0.00
A. TOTAL-LOADED PROJECT COST E rn $11,040.00
1� s
s:e ..;..Yx P..
REF DESCRIPTION QTY UNIT$ EXT.$
i.
Engineer Days(Internal! 1 $672.00 $672.00
r+
4) Drafting/Aide Days(Fxternal) 3 $260.00 $780.00
ENGINEERING Sub TOTAL $1,452.00
Jx
Date:
Lead Engineer: ` u'J;
Transmission Systems Construction EXHIBIT B
• R&U Project Budget
6/6/2006 Pave 2 of 2 2
REF DESCRIPTION DAYS QTY UNIT S EXT.S
2) MCI Tmnector(Tnc.mob.)(Fxtemid) 2 1 $290.00 $580.00
INSPECTION SERVICES Sub TOTAL $580.00
Addendum to Unit Price Schedule
REF DESCRIPTION UNITS QTY UNIT$ EXT.$
59) T aimn aum Constniction cnst FA 1 $1,328.00 $1,328.00
Tease fexc RA 1 $6,540.00 $6,540.00
CONTRACTOR UNIT PRICE Sub TOTAL $7,868.00
REF DESCRIPTION UNITS QTY UNIT$ EXT.$
66) Hot Snlice Rnlinver M.0) DAY 2 $570.00 $1,140.00
SPLICING LABOR Sub TOTAL $1,140.00
E
41,1�d
�vU'0 Cie ��vvj
Verinbusiness
Kay Parsons
Agreements and Right of Way
2400 N.Glenville Dr.,MD C3115
Richardson,Texas 75082
972-729-5005(voice)
972-729-6669(fax)
kay.parsons@verizonbusiness.com
July 20,2006
Via Federal ExpressOvernight
Mr. Doug Rademaker
City of Fort Worth, Texas
1000 Throckmorton Street
Rom#234-C
Ft. Worth, TX 76102
Re: Project#996580 FT. Worth, Texas-Omni Hotel Construction Relocation
Reimbursement Agreement dated June 28, 2006.
Dear Mr. Rademaker:
This letter shall serve as notice to you pursuant to the terms of the Reimbursement Agreement under Section #4
that the actual costs may exceed the estimated costs by more than 10%. The construction contractor's bids came
in much higher than expected because the project limits are in a high impact utility area. The estimated additional
costs are expected to be $13,312.00 and the revised cost estimate is attached to this letter or is attached to this
email (if this letter is sent via email).
In the space provided below, please sign your acceptance and agreement to the additional estimated cost and
return this letter to my attention at the address above.
If you have questions or comments, you may contact me at the number above or Project Manager, Buddy Smith
at 972-729-5845.
Your assistance with this matter is greatly appreciated.
Sincerely,
Kayar ons
Agree nts/Right of Way Specialist
The above-mentioned cost increase is agreed and accepted by the City of Ft. Worth, Texas.
C' W I T
By:
Print Name: Marc ltt
Title: 'a.,;sistant City Manager �� .,...
Date: 7- �Z 4 - a6 APP AS TO FOR GALITY:
t Ct Att ey
��p;0�i� �l� , ��I��• Transmission Systems Construction
R&U Project Budget
7/20/2006 Page 1 of 2 2
Prosect#: 996580 Revision: 2 Date Prepared: 6/6/2006
Title: FORT WORTH.TX OMNI HOTEL CONSTRUCTION Engineer: SMITH.BUDDY
Site Code: FTWDTX Lead Engineer:
Capital Project: City: FORT WORTH
Capital Prs.Title: State: Texas
Regen/Regen Spans: Footage: 2500
T[MEFRAII+ P-
ESTIMATED ENGINEERING TIME:(DAYS) ESTIMATED CONST. TIME: (DAYS)
Engineering: 1 Construction:
Drafting:
As Built Doc.
TIME FRAME TOTAL TIME FRAME TOTAL:
SCHEDULE
Investigation#: Eng.Start: 7/10/2006 Construction Start: 8/7/2006
Disposition: Refund Eng. Construction Complete: 8/15/2006
S U M MARY OF ESTIMATE )COSTS
A) ENGINEERING $1,452.00
B) INSPECTION SERVICES $580.00
C) MCI FURNISHED MATERIALS $0.00
D) CONTRACTOR UNIT PRICE SCHEDULE $20,040.00
E) SPLICING LABOR $2,280.00
F) SUBTOTAL $24,352.00
G) OVERHEAD-20%OF ITEMS A-C&E $0.00
H) OVERHEAD-5%OF ITEM D $0.00
I) TOTAL- [.OADED PRO,JECT Ci) T $24,352.00
A) ENGINEERING
REF DESCRIPTION QTY UNIT$ EXT.$
1) F,ngineer Davc(Internal) 1 $672.00 $672.00
4) Drafting/Aisle Davi(F,xternal) 3 $260.00 $780,00
ENGINEERING Sub TOTAL $1,452.00
tiff o!Ittltlff
Lead Engineer: Date: T, ' !' ;�tU1, ML
Transmission Systems Construction
1111 ��u�• r � ♦ #I !
R&U Project Budget
7/20/2006 Page 2 of 2 2
REF DESCRIPTION DAYS QTY UNIT$ EXT.$
2) MCI Incnector(Inc. moh.)(External) 2 1 $290.00 $580.00
INSPECTION SERVICES Sub TOTAL $580.00
Addendum to Unit Price Schedule
REF DESCRIPTION UNITS QTY UNIT$ EXT.$
59) Limn cum C:onctniction cost FA 1 $13,500.00 $13,500.00
60) Lea.ce fee.R FA 1 $6,540.00 $6,540.00
CONTRACTOR UNIT PRICE Sub TOTAL $20,040.00
E} SPLICING LABOR
REF DESCRIPTION UNITS QTY UNIT$ EXT.$
66) Hot Snlice Rollover(TRC)) DAY 4 $570.00 $2,280.00
SPLICING LABOR Sub TOTAL $2,280.00
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