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HomeMy WebLinkAboutContract 52153 CITY SECRETARY AT&T Texas coNTRAcT NO. 5 a 15,3 � J at&t K APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES March 12, 2019 CWOTS Record Number: 1056T18 Customer Billing Telephone Number: Special BILL TO: City of Fort Worth 200 Texas Street, 2,d Floor Fort Worth, TX 76102 WORK SITE LOCATION: Sylvania Ave. and Race St. in Fort Worth, TX DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: This cost estimate is for project to relocate all aerial, copper and fiber cables to the underground conduits placed on Race St. Also, need to place all new cable then splice from the old cable to the new cable,to minimize service outage/interruptions. LABOR EXPENSE: $84,151.49 MATERIAL EXPENSE: $17,210.31 CORPORATE OVERHEAD EXPENSE: $38,474.65 ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $139,836.45 (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 March 12, 2019. 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. PAYMFNT Applicant agrees to make an advance payment or purchase order in the amount of $139,836.45 prior to commencement of the work. Charges for construction services and applicable taxes will be billed on a special bill �Q separate from the bill that Applicant receives for telephone service. � . Gti oQ�� OFFiCQAL RECORD ��QQ` �C�pQ�V PQy C67Y SECRETARY FT WORTH,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 aW 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 CWOTS RECORD 1056T18 ACCEPTED FOR CUSTOMER: SOUTHWESTERN BELL TELEPHONE COMPANY: X 9��� X X Aut orized $ignature, Title or Title: MGR OSP Planning & Engineering Design Relkans4 to Company or Individual Company: ` 0e (rl ( J c r Company: SWBT d/b/a AT&T Texas Printed Name: ll Ski IC 11 S Printed Name: Debra Robey Date: Date: March 12, 2019 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX APPROVAL RECOMMENDED: By: eQ-" (n Steve ooke Interim Director, Transportation and Public Works APP 4ASL RM AND LEGALITY By: M&C: G - Z 90 K� Doug . Black Sr. Assistant City Attorney Date: Form 1295#: ATTEST: ary J. er City Secr 'tary .r Contract Compliance Manager: By signing I acknowledge that I am the person responsible For the monitoring and administration of this contract, including ensuring all=requirements. Wilma Smith, P. E. Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX AT&T Texas at&t March 12, 2019 City of Fort Worth 200 Texas Street, 2nd Floor Fort Worth, TX 76102 RE: CWOTS Record Number: 1056T18/Job No: A01 DGGV Dear Ms. Wilma Smith, 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, 5**0rQk4 eWA& d 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 site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fou%bRt» COUNCIL ACTION: Approved on 3/5/2019 REFERENCE ** 20SIX POINTS PHASE 1- II DATE: 3/5/2019 NO.: C-29047 LOG NAME: DISCRETIONARY SERVICE AGREEMENT AT&T CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of Discretionary Service Agreement with AT&T Inc., in the Amount Not to Exceed $139,836.45 for the Relocation of Overhead Utilities and Installation of Underground Utilities along Race Street from Holden Street to Oakhurst Scenic Boulevard (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of Discretionary Service Agreement for the relocation of overhead utilities and the installation of underground utilities along Race Street from Holden Street to Oakhurst Scenic Boulevard. with AT&T Inc., in the amount not to exceed $139,836.45. DISCUSSION: The Six Points Urban Village Streetscape Program consists of the construction of two streetscape improvement projects along Race Street including wide decorative sidewalks and lighting, landscaping (shade trees, ornamental trees, and ornamental shrubs), back-in angled parking, bicycle lanes, and a mill and overlay of the asphalt roadway. The program comprises two projects with unique project numbers: 1. Six Points Urban Villages Central Cluster (C00705) for streetscape improvements along Race Street from Grace Avenue to Holden Street; and 2. Six Points Urban Village Streetscape Project (CO2653) for streetscape improvements along Race Street from Oakhurst Scenic Drive to Grace Avenue and striping on Sylvania Avenue. The cost estimate is to relocate all aerial, copper and fiber cables to underground conduits and place all new cable then splice the old cable to new cable to minimize service outage/interruptions. City staff considers these costs to be fair and reasonable for the proposed scope of services. Construction of Phase I began in April 2018 and construction on Phase 11 will begin in February 2019. Funding for this project is being provided from the Grant Fund and 2014 Bond Program. A portion of this project will include 2014 Bond Funds. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse, that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and subsequent actions taken by the Mayor and City Council. The project is located in COUNCIL DISTRICT 9. This contract will be with a governmental entity, state agency or public institution of higher education: (Publicly Traded Entity-AT&T). http://apps.cfwnet.org/council_packet/mc review.asp?ID=26746&councildate=3/5/2019 4/2/2019 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget as appropriated of the Grants Capital Projects Federal Fund and the 2014 Bond Program Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID G Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Wilma Smith 8785) ATTACHMENTS MAP SIX POINTS IMPROVEMENTS (002).pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=26746&�councildate=3/5/2019 4/2/2019