HomeMy WebLinkAboutContract 34292 CITY SECRETARY'1s�►=�.�
r CONTRACT NO.
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT is made by and between LIGHT LINK
NETWORKS, L.P. a Texas limited partnership, whose address is 591 Van Zandt County
Road 4823, Ben Wheeler, Texas 75754-9739 (herein "LLN") and the city of Fort Worth,
a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise
Counties, Texas (herein "CITY"), whose address is 1000 Throckmorton Street, Fort
Worth, Texas 76102. LLN and CITY may be referred to herein individually as a party
and collectively as the parties.
RECITALS:
1. Whereas, LLN„ along with AboveNet, AT&T, and Qwest own a common
duct and fiber optic cable system within the right of way of FM 156 area of
Haslett, Texas — of which LLN owns 2 — 1.5" HDPE ducts and associated
manholes (Duct System).
2. Whereas, CITY and Alliance Airport are funding a project to extend the
Alliance Airport runway and said extension will require the relocation of the
Duct System in order to complete the Alliance runway expansion project.
3. Whereas, LLN and the CITY are desirous of creating an agreement whereby
LLN will cause the relocation its Duct System to accommodate the runway
project - provided that the cost of said relocation and all associated costs are
fully reimbursed by the CITY.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. SCOPE OF WORK
a. Subject to the terms and conditions contained herein, LLN, and/or
AboveNet as lead contractor with whom the CITY has a separate
reimbursement agreement, will relocate to a\minimum depth of 48"the
LLN Duct System from the west side of Highway 156 to the east side
of Highway 156 in the area where a proposed new FM 156 meets the
existing FM 156—for a distance of approximately 1,500 linear feet.
2. CONDITIONS
a. LLN will be provided with a Notice to Relocate Facilities letter from
CITY identifying all engineering/relocation requirements to LLN prior
to work start.
b. LLN and CITY agree that LLN will be obtain all necessary permits
from any and all governmental jurisdictions required to allow LLN to
perform the work.
c. This Agreement will be fully executed prior to LLN starting the work.
Reimbursement Agreement 1
Light Link Networks & City of Ft. Worth
As of: 11/6/2006
h . .
3. BILLING AND PAYMENT
a. In consideration for LLN's performance of the work described herein,
CITY will pay an estimated amount of$8.093.80.
b. CITY will pay LLN 50% of the total amount prior to commencement
of work and the balance after project completion within thirty (30)
business days of receipt of invoice.
c. LLN reserves the right to submit additional invoices for payment if
unknown obstacles are found after work begins and pursuant to written
change orders as submitted by LLN and approved by CITY after the
work has commenced.
d. CITY shall have the right to require LLN and any of its subcontractors
or suppliers to provide a written certification that all work has been
completed in accordance with the terms of this Agreement to the time
of payment including, if applicable, punch list items, as a condition
precedent to CITY's obligation to make payments under this
Agreement.
4. DISPUTE RESOLUTION
a. It is the intent of the parties that any disputes which may arise between
them to be resolved as quickly and informally as possible. In the event
that a dispute has not been resolved within ten (10) business days by
the personnel responsible for the relevant issues, either party may, by
written notice, request the dispute be referred to mutually agreeable
mediator—prior to bringing suit for damages.
5. SAFETY
a. COMPLIANCE WITH LAW. LLN agrees to fully comply with all
applicable laws, ordinances and regulations.
b. LLN and its subcontractors shall take all reasonable safety precautions
pertaining to the Work and the conduct thereof. Without limiting the
generality of the foregoing, it shall comply with all applicable laws,
ordinances, rules, regulations and orders issued by any public or
governmental body or authority including, but not limited to:
occupational safety and health; environmental and legislation and, in
addition,the safety measures called for by TXDOT and the CITY.
Reimbursement Agreement 2
Light Link Networks & City of Ft. Worth 60,
��1r:1
As of: 11/6/2006
6. MISCELLANEOUS PROVISIONS
a. Entire Agreement
i. This Agreement (including the Exhibits hereto) constitutes the
entire agreement between the parties with respect to the subject
matter hereof. The terms of this Agreement may only be amended
or modified by an instrument in writing executed by the parties
hereto.
b. Binding Effect
i. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and permitted
assigns.
c. Governing Law
i. This Agreement, the rights and obligations of the parties hereto,
and claims or disputes relating thereto, shall be governed by and
construed in accordance with the laws of the State of Texas
applicable to agreements executed and fully performed therein. It
is agreed that the State Court sitting in Tarrant County, Texas will
have jurisdiction over any controversy regarding this Agreement,
and any action or proceeding which involves such controversy will
be brought only in the state court located in Tarrant, Texas.
d. Notices
i. Any and all notices to be given under this Agreement shall be in
writing and delivered by personal service, certified mail, return
mail requested or any other delivery service capable of providing
proof of delivery as follows:
LLN: Mickey Redwine
Light Link Networks, LP
591 VZ CR 4823
Ben Wheeler, Texas 75754-5399
CITY: City of Fort Worth
Attn: Robert Goode, Director
Transportation and Public Works
1000 Throckmorton St.
Fort Worth, Texas 76102
e. Assignment
Neither party shall assign or otherwise transfer, by operation or
otherwise, any of its rights or obligations under this Agreement
without notifying the other party in writing.
f. Severability
Reimbursement Agreement 3
Light Link Networks & City of Ft. Worth
As of: 11/6/2006
If any part of this Agreement is found to be void or unenforceable, that
determination will not effect the validity of the remainder of the
Agreement.
IN WITNESS WHEROF, the parties hereto have executed this Agreement by their
proper officers or duly authorized agents.
LIGHT L NETWORKS, LP CITY OF FORT WORTH
Micgp-y"Ikedwine arc nA. Ott
Presiden Assistant City Manager
Approved as to Form and Legality:
Amy J sey
Assistant City Attorney
-`attested By-.
Marty Hendr .
City Secretary
Reimbursement Agreement 4 ,,�zI 'i'1 rl, '�'
l�vc`
Light Link Networks & City of Ft. Worth
As of: 11/6/2006
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