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Home My WebLink AboutContract 35002�� AT&T Texas Cf T Y SECRETqR� ats�t ��rR�� N�. APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES 1 /06 BILL TO: City of Forth Worth 1000 Throckmorton Fort Worth, TX 76102 WORK SITE LOCATION: FM 156 — Realignment Project — Alliance Airport runway extension DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: This cost estimate for this project to reroute existing cable in downtown Haslet and will place two manholes on Intermodal and cut around an existing 96 count fiber optic cable. ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: $43,695.00 (Actual charges may exceed this estimated cost.) Applicant requests that TCG Dallas, (hereafter `TCG") 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 CosY' basis, all charge(s) will be computed in accordance with TCG'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 directly related to the job . The Applicant affirms that the cost estimate furnished by the TCG has been considered only as an estimate of approximate costs and that the actual costs incurred by the TCG in doing the work at the particular time and Iocation 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 December 12, 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. PAYMENT Applicant agrees to make an advance payment of $43,695.00 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. After work is complete, the City of Fort Worth will either receive a refund if actual costs are less than the advance payment or a final invoice setting forth the additional charges due. Provided however, that City Council approves any additional cost in excess of $25,000.00. 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 TCG 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 _ .�;;��"'., 1:l . _ �,,� , ,::; f�ll.f ):=: a; ��;�;�;,;... ¢:qp ' ,T �'�joi.ri�:� lo;'�' I�v!I11`�! J'��,.�:�` �"'J.� dU .nr.if t;"5;�Q �� j�',t�'i,: J',�� I � i' I�C +`:t , �:,i,,.; J�. � at&t � AT&T Texas Under no circumstances will TCG'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 TCG with responsibility for any alleged delay on the project. NO DAMAGE FOR DELAY Under no circumstances will TCG 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 TCG, 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 TCG, 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 TCG's control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that TCG, its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. CHOICE OF LAW Texas law governs the application of this agreement and all terms contained herein. 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 CITY OF FORT WORTH: � r - � Marc A. Ott Assistant City Manager Recommended by: � � Robert Goode, Director Transportation and Public Works Department Approv�d�s to Form and Legality: / ./ /� �-� Amy J�am�s�y Assistant City Attorney ACCEPTED FOR TCG DALLAS: �' . �� %� ' ��-C. - l - �- Name Title: _ ) Date: � � C� ��-'��" J,�.� In�-I�.�;=' '';,r' i„ ( � ,�,��;�,�; lr5v`��A'•'�' � � ��u,l� ��'��/::`i� �� r� � 'i�, �.':��'}:�rt ��?, ; r �,_ ,�� - � I ��.�. Contra t �uthAri.z��io� �� .:_ , Date City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/9/2007 DATE: Tuesday, January 09, 2007 LOG NAME: 30ALLIANCE RELO REFERENCE NO.: **C-21922 SUBJECT: Authorize the Execution of Utility Relocation Reimbursement Agreements with AboveNet Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc., McLeodUSA Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell Telephone, L.P., Sunoco Pipeline, L.P. and TXU Electric Delivery Company as Required for the Relocation of FM 156 as Part of the Runway Extension Project at Fort Worth Alliance Airport (DOE 4867) RECOMMENDATION: It is recommended that the City Council authorize the execution of utility relocation reimbursement agreements with AboveNet Communications, Inc., TCG Dallas, Southwestern Gas Pipeline, Inc., McLeodUSA Telecommunications Services, Inc., Qwest Communications Corporation, Southwestern Bell Telephone, L.P., Sunoco Pipeline L.P., and TXU Electric Delivery Company totaling $1,172,312.04 as required for the relocation of FM 156 as part of the runway extension project at Fort Worth Alliance Airport.. DISCUSSION: These utility relocation reimbursement agreements are required in connection with the realignment of approximafely 4.53 miles of FM 156 from downtown Haslet north to the existing FM 156 south of the SH 114 Interchange macie necessary by the runway extension at Fort Worth Alliance Airport. In order to construct the new location of FM 156, it is necessary to relocate all private utility service conflicts located on the proposed FM156 and the existing FM 156. In order to eliminate these conflicts, the utility facilities must be relocated and the owners of the facilities reimbursed as follows: Abovenet Communications, Inc. TCG Dallas Southwestern Gas Pipeline, Inc. McLeodUSA Telecommunications Services Qwest Communications Corporation Southwestern Bell Telephone, L.P. Sunoco Pipeline, L.P. TXU Electric Delivery Company Total The project is located in COUNCIL DISTRICT 2. $319,064.40 $43,695.00 $98,881.00 $151,378.00 $33,106.00 $43,975.66 $138,902.00 $343,309.98 $1,172,312.04 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available, as appropriated, in the current capital budget of the Airport Grants Fund. TO Fund/Account/Centers GR14 539120 055218035800 $323,675.34 G R 14 534120 055218086800 $848, 363.70 Submitted for City Manager's Office by: Originating Department Head: FROM Fund/Account/Centers Marc A. Ott (8476) A. Douglas Rademaker (6157) Additional Information Contact: Mark Thigpen (8366)