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Home My WebLink AboutContract 41238REIMBURSEMENT AGREEMENT CITY SECRETARY CONTRACT NO, 44a3eS G' This Reimbursement Agreement ("Agreement") made this 4' dayof`>G�C' kir-, 20 by and between McLeodUSA Telecommunications Services, LLC d/b/a PAETEC Business Services, having its principal place of business at 600 Willowbrook Office Park, Fairport, NY 14450 ("PAETEC") and the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker & Wise Counties, TX ("City"), having its principal place of business at 1000 Throckmorton Street, Fort Worth, Texas 76102. PAETEC and City may be referred to herein individually as a party and collectively as the parties. WITNESSETH: WHEREAS, the City proposes a relocation project to accomplish a runway extension at the Alliance airport (the "Project"); and WHEREAS, PAETEC has a fiber duct system that is in conflict with the Project; and WHEREAS, the City agrees to reimburse PAETEC for the actual expenses incurred by PAETEC related to the relocation services in accordance with this Agreement. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: 1. PAETEC agrees to provide the relocation services ("Relocation Services") to City, as is more fully described in Exhibit A. The starting date will be fixed by mutual agreement of the parties hereto and the work to be done shall be in accordance with Exhibit A. 2. City agrees to reimburse PAETEC the actual costs of the Relocation Services, which is estimated to be $17,740.00, as are more fully set forth on Exhibit A, attached hereto and made a party hereof ("Cost Estimate"). Upon completion of the Relocation Services, PAETEC shall present City with a detailed invoice of the actual Relocation Services performed and the City agrees to make payment, within thirty (30) days from the submittal date of a properly detailed invoice, in the form of a one-time full reimbursement of such actual costs. Provided, however, if the actual costs exceed the Cost Estimate by more than $3,000.00, additional City Council authorization will be required and, if granted, may take longer than thirty (30) days to obtain. Neither enhancement nor betterment costs shall be reimbursed by the City. 3. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of City for which the City is obligated to levy, pledge or collect any form of taxation. 4. The parties agree to exercise all due caution while causing any work to be done near the fiber optic ducts in order to prevent damages to the fiber duct system. 5. Not withstanding any other provision of this Agreement, in no event shall either party be liable to the other for any indirect, consequential or incidental damages, including but without limitation, loss of revenue, loss of customers or loss of profits arising from this Agreement and the performance or non- performance of obligations hereunder. 6. PAETEC agrees to indemnify and hold harmless the City, its officers, agents and employees, against and from any and all liability, loss and expense and shall defend all claims resulting from loss of life or damage or injury to persons or property directly or indirectly resulting from the work performed by PAETEC to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of PAETEC or its agents or arises out of or in connection with the Relocation Services. a -necessary--= condition for such indemnity to be enforceable against PAETEC: CITY SECRETARY FT. WORTH, TX Page 1 of 3 (i) PAETEC shall be notified in writing promptly of any and all claims, liability, loss and expense for which City seeks indemnification from PAETEC, and (ii) PAETEC shall have sole control of the defense of any and all claims, liability, loss and expense and all negotiations for their settlement or compromise. 7. This Agreement shall be enforceable in Tarrant County, Texas, and if legal action. is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the same shall lie in Tarrant County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8. No party may assign its rights and obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. 9. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns, subject to the provisions of Section 8. 10. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. Effective date of agreement as of date of approved by the City Council: CITY OF FORT WORTH Fernando Costa ia(rott0 Assistant City Manager ATTEST: Marty Hendrix City Secretary Authorization: M&C: NO M , REQUIRED Date: r Ems- s. a--♦iRY-p 0 FORM. AND LEGALITY: Assistant City Attorney McLEODUSA TELECOMMUNICATIONS SERVICES, LLC d/b/a PAETEC BUSINESS SERVICES Vtr George Spengle Vice President Outside Plant, Switch Operations Management ,tivo,.stax•tv,,t, gr_„ *oar itzky, kOOA&��Qp�Y o° 111 graduct, O Page2 of 3 %lists 0 4'4 7tX)L?f �� 1eo r ,SF� �c_y At t�o0oo° OFFICIAL RECORD CITY SECRETARY WORTH ; Exhibit A Page 3 of 3 ATTACHMENT 'A' i OSP Project Description / Cost Estimate Fort Worth,. TX Alliance. Airport Runway Extension Relocation Estimated. Project Design Costs: $17,740.00 Date: 7/15/10 Project Description The City of Fort Worth plans to extend the Alliance Airport runway across the Union Pacific RR ROW and the former FM 156 ROW. Due to the proposed runway extension, PAETEC and other communication carriers (Qwest Verizon) will be forced to relocate buried copper & fiber optic duct systems. This portion of the project will consist of the following work: PAETEC will manage the design of approximately 8,500' of multi -carrier joint trench along the Alliance Airport property. The City of Fort Worth's contractor will provide labor and materials for construction of the relocated duct system All communication carriers are responsible for their own cable pulling, cable removal, and splicing PAETEC's fiber optic duct system consists of 4 - 1.9" HDPE ducts and a 264f cable. PAETEC will pull approximately 15 600' of new 264f cable through existing and proposed duct, perform splicing, and remove approximately 10,900' of existing 264f cable. The City of Fort Worth will reimburse PAETEC for 100% of all costs associated with the project. Assumptions Construction permits can be obtained from city, county and state agencies. PAETEC Confidential Description Page 1 i OSP COST SUMMARY i O SP Design. & Permitting O SP Construction O SP Contractor labor Cable Splice,Term,Testing O SP Material O SP. Inspection Internal. Labor and. Expenses $17,020 $0 $0 $0 $0 $0 $720 (Project Total $17,740 I PAETEC Confidential Cost Summary Page 2 i OSP Design & Permitting i Description Quantity Rate Total Contractor Office Support S enior Engineer OSP Engineer Drafter I Drafter II S enior Drafter Materials. Person Administrative. Cad Station. w/Plotter Misc Total Office Support Contractor Design Support S urvey & Designper quote from Tech. Group S urvey & Design. / Urban S urvey & Design /Aerial Mapping P roject Engineer Field Engineer Administrative Reimbursable. Expenses Reproduction Misc Total Design Support Permitting City Permits County Permits State. Permits Railroad Permits Misc Total Permitting /dy /dy /dy /dy /dy /dy /dy /dy Is 1 Is mi mi /sh /dy /dy /dy Is Is Is /ea /ea /ea /ea Is $17,020.00 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $17,020 $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,020 $0 $0 $0 $0 $0 $0 (Total OSP Design & Permitting $17,020 PAETEC Confidential OSP Design & Permitting Page 3 i OSP Construction i Description Quantity Rate Total OSP Contractor Labor P low 4 - 1.9". HPDE Directional Bore 4-.1.9". HPDE P low 2 -. 2' HPDE Trench. & Place 4 - 1.9". HDPE Trench & Place 4" HDPE e/w 3.-.1.25". indt P lace. handhole. (3' x 5'. x 2 5') P lace. manhole (4'. x 4'. x 4') P ull. cable Remove. cable Remove. & restore. asphalt Remove. & restore. concrete Rod. &. rope. conduit Repair existing. conduit P lace buried cable marker Misc / mobilization Total OSP Contractor Labor Cable 264f -. 48SM/216TW Armored S ales tax (6.25%) Total Cable Splice, Term & Testing S plice Fiber S plice Pigtail. (FEC/FDP) Misc (rack install,case. prep) Fiber test Total Splice, Term & Testing OSP Materials 1.9" HDPE Handhole. (2.5' x 5' x 2.5') Manhole (4' x 4' x 4') S plice closure / trays S orscan isolator protector unit Buried cable/splice marker (COTT finks). Buried cable marker (COTT). Yard/Warehouse Rent Misc S ales Tax (6.25%) ft ft ft ft ft ea ea ft ft sf sf ft ft ea Is /ft /ft /ea /ea e a e a ft e a e a e a e a e a e a /mo Is $5.25 $30.00 $3.75 $12.00 $700.00 $2,300.00 $0.90 $0.80 $24.00 $20.00 $2.00 $40.00 $40.00 $1,500.00 $3.21 $32.00 $32.00 $250.00 $0.33 $695.00 $1,850.00 $380.00 $275.00 $29.00 $38.00 $150.00 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 PAETEC Confidential OSP Construction Page 4 i OSP Construction i Description Quantity Rate Total Total OSP Materials OSP Inspection Inspector Lead Inspector Construction. Manager Misc Total OSP Inspection $0 /dy $275.00 $0 /dy $350.00 $0 /dy $350.00 $0 Is $0 $0 (Total OSP Construction $o PAETEC Confidential OSP Construction Page 5 i Internal Labor & Expenses i Description Quantity Rate Total Internal Labor & Expenses Project Management Labor Operations Labor (splicing) ROW Labor Travel. & Expenses Reproduction Misc 8 /hr /hr /hr /ea Is Is $90 $110 $200 $720 $0 $0 $0 $0 $0 (Total Internal Labor & Expenses $720 1 PAETEC Confidential Internal Labor Page 6