HomeMy WebLinkAboutContract 42944 rr AT&T Tex
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February 3, 2012
CITY OF FORT WORTH
1000 Th rockmorton Street, 2nd Floor
Fort Worth, TX 70102
RE: CWOTS Record Number 1865T1 1
Dear Mr. Buckley,
This fetter is in regards to your request for Southwestern Bell Telephone Company
�� p pa ny dlbla AT&T
Texas (hereafter SWBT ) to perform construction services for you. Enclosed
. y sed please find an
Application and Letter of Agreement for Construction Services. This application '
. pp on describes the
construction services you have requested along with the associated charges for us to d
g o the
work. We require an advance payment on this amount which is also shown o n the
application. '
s
Both the SIGNED APPLICATION and the ADVANCE PAYMENT made payable
. to AT&T,
must be received by our office before we can proceed on our behalf with the work.
. y Our
mailing address for these documents is listed below:
SWBT dlbla AT&T Texas
Attn: Judith Remington
Address: 4801 Matlock Road, Room B16
City, State, Zip: Arlington, TX 78018
Office Hours; 7:30 AM to 4:00 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
888-321-8538 if you have any questions regardin g this matter.
Please refer to the record number at the top of our application to assist us in locating Y pp g your file.
Sincerely,
Judith Remington
CWOTS Department
SWBT
817-487-8198 or 888-321-8538 - Phone
4
817-487-8198 or 800-851-7311 - Fax OFP'^ AA f-:C0r.0
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AT&T Texas
APPLICATION FOR CONSTRUCTION SERVICES
February 3, 2012
C1AIoTS Record Number: 1865T11
Customer Billing Telephone Number: Special Bill
I
BILL TO: CITY OF FORT WORTH
1000 Throckmorton Street, 2"d Floor
Fort Worth, TX 76102
WORK SITE LOCATION: Blue Mound Road & the Lonesome Dove Subdivision
DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED:
This cost estimate is for project to relocate an
required for VRAD equipment. and cable at Blue Mound Road. Re-route of
quipment. power
LABOR EXPENSE: Contractor: $18,750.87• SW
BT:EXPENSE: BT- $42,244-87; MATERIAL EXPENSE: $19 543
$19 .60;
,51�1.5Q;
ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $1009040.84
(Actual charges may exceed this estimated cost.)
Applicant requests that Southwestern Bell Telephone Company dlbla AT&T Texas, hereafter "
� SWBT } perform
the above-described construction services. 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 c
in accordance with 5W8T's ordinary accounting � charge(s) will be computed
materials, transportation mot g p actives and will include allocated costs for labor, engineering,
or vehicles, tool and supply expenses and sundry billings g g'
suppliers for work and materials related to the job . The y g from sub-contractors and
Telephone Company as been � e Applicant affirms that the cost estimate furnished b the
Y considered only as an estimate of approximate cost y
incurred by the Telephone Company in doing he � sand that the actual costs
estimated cost is subject to g work at the particular time and location might be higher.
1 change due to any number of factors including, g Said
in the field, weather delays, or changes in the scope of g� but not limited to, changing conditions
p the work.
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days y from February 3, 2012. If the charges are not accepted
within 60 days the order will be cancelled and a new or p
der will need to be placed. The second estimate ma be
higher than the estimated price set out above. y
PAYMENT
Applicant agrees to make an advance payment of 10
construction services and y ��4�.54 prior to comr�����f.-,. Char es f
applicable taxes will be billed on a special bill Se r A- r g or
receives for telephone service. pe f.:omi tie at Applicant
AT&T Texas
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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 monthlv 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 and indemnify SWBT against 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 Pam G. Johnson, 11930 Airline Drive, Room 206,
Houston, Texas, 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
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
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CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS
Should concealed conditions exist, including conditions that may exist below the surface of the roun
g d, 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 andlor 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 tim e
of the price quote, above ground barriers, Acts of God affecting the e progress or sequencing of the work, labor
disputes, and other conditions or circumstances that SWBT, could not reasonably anticipate ate at the tim e 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
g p , SWBT is
entitled to seek from Applicant, its agents, servants, or employees, additional funds as necessary o perform y p 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,to before
p y SWBT
proceeds to execute the work or, if work has been initiated on the project, continues with executing he work
property.
p p Y
except in an emergency endangering life or ro g
Applicant, its agents, servants or employees, are deemed to have accepted the terms of an y g de 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
y on to
project. Nor will any change order issued in this project be used to charge SWBT with responsibility for an
alleged delay on the project. p y Y
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 b g o
p 1 e asis for this agreement for construction services.
TIME TO COMPLETE
Any representation by SWBT, its agents, servants or employees that the project, or an additional p 1 y work
authorized by change order, will be complete by a certain date or certain time period is strictly n estimate and not
binding on SWBT, its agents, servants, or employees. All Y
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,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.
OFFIq� �� 4� I.
AL � as �,_.�RE
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AT&T Texas
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CHOICE OF LAIN
Texas law governs the application of this agreement and all terms contained therein.
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 ACCEPTED FOR
CUSTOMER: SOUTHWE TERN BELL ELL EPHONE COMPANY:
x x
Authorized Signature, Title or Title: Area Manager--Construction & Engineering
Relationship to Company or Individual
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Company: C14,-, (4 Company: SW BT dlbla AT&T Texas
Printed Name: Pk- Printed Name: Vance Simmons
Date: Date: �-
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APPR D AS TO FORM AND LEGALITY: o
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CITY ATTORNEY �.o.y
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City of F Worth, Texas
Mayor a
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COUNCIL ACTION: Approved on 12/6/2011
DATE: Tuesday, December 05, 2011 REFERENCE No.: **C-25323
LOG NAME: 55AFW RWY EXT UTILITY RELOCATION ATT
SUBJECT:
Authorize Execution of a Utility Adjustment Agreement with Southwestern Bell Telephone Company dlbla
AT&T Texas in the Amount of$151,050.87 for Relocation of a SAI and Cable at Blue Mound Road and Re-
Route of Power Required for VRAD Equipment as Part of the Runway Extension Project at Fort Worth
Alliance Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Utility Adjustment Agreement with
Southwestern Bell Telephone Company dlbla AT&T Texas in the amount of$151,050.87 for relocation of
a SAI and Cable at Blue Mound Road and re-route of power required for VRAD equipment as part of the
runway extension project at Fort Worth Alliance Airport.
DISCUSSION:
This Construction Utility Relocation Reimbursement Agreement is required to pay for the relocation of
certain Southwestern Bell Telephone Company dlbla AT&T Texas (AT&T) in the amount of$151,050.87
for relocation of a SAI and Cable at Blue Mound Road and re-route of power required for VRAD
equipment to allow the realignment of the Burlington Northern Santa Fe Railroad (BNSF) Main Line as a
part of the Runway Extension Project at Fort Worth Alliance Airport. In order to construct the new runway
extension, it is necessary to relocate all private utility service conflicts located on the proposed BNSF Main
Line.
AT&T has a distribution line north of Blue Mound Road and The Lonesome Dove Subdivision that will
need to be relocated to allow BNSF to construct their new main line track.
The utility facilities will be relocated by AT&T to be reimbursed by the City for the agreed upon amount.
Federal Aviation Administration funds from Runway Extension Grant 3-48-0235-33-2007 will be used for
this project. Existing land credits that remain from the original land donation for Alliance Airport will be
used for the City's five percent in-kind match.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION 1 CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Airports Grant Fund.
FUND CENTERS:
TO Fund/AccounVCenters FROM Fund/AccounVCenters
Logname: 5 5 AF`]V R`]VY EXT UTILITY RELGCATIGN_ATT Page I of 2
GR14 539120 055218187720 1151,050.87
CERTIFICATIONS:
Submitted for City Manager's Offic Fernando Costa (6122)
Originating Department Head: Kent Penney (5403)
Ruseena Johnson (5407)
Additional Information Contact: Patrick Buckley (2443)
ATTACHMENTS
1. 55AFW-ATTMap.pdf (Public)
2. ATT.pdf (CFW Internal)
3. Avail funds 218187.doc (CFW Internal)
4. Utility FAR.pdf (CFW Internal)
Logname: SSAFW RWY EXT UTILITY RELOCATION_ATT Page 2 of 2