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Home My WebLink AboutContract 41901 (2)Y SECRETARY COWTRACT NO, DESIGN RELOCATION AGREEMENT THIS DESIGN RELOCATION AGREEMENT ("Agreement"), is made and entered into as of the day of , 2011, by and between the City of Fort Worth, Texas, having an office at, 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter "City" and Qwest Communications Company, LLC, a Delaware Company, having an office at 700 W. Mineral Avenue Littleton, Colorado 80120, hereinafter "Company." WITNESSETH: WHEREAS, Company owns and operates a communications conduit system (the "Facilities") along and upon the Burlington Northern Santa Fe Railroad ("BNSF") right of way near the proposed Alliance Airport Expansion; and WHEREAS, the City is preparing plans, specifications, and estimates of the costs to construct facilities in the right of way, and has determined that the facilities of the Company and the other communications companies must be relocated to accommodate the City's construction activities; and WHEREAS, in response to the proposed Alliance Airport Expansion, the Company must design and engineer a 12 %2 mile fiber optic (splice to splice) and 8.7 mile conduit construction re-route for the relocation of the Facilities (see Exhibit A, "Scope of Work on the Right of Way," attached and incorporated herein by reference); and WHEREAS, the Company and any Cooperating Carrier will enter into a Joint Relocation Agreement whereby the Company has been authorized to act as the lead carrier to coordinate facilities relocation and to secure reimbursement from the City for relocation design of the Company facilities and for the cost Company incurs for relocation of the facilities; and WHEREAS, the Company and the City have reached an agreement for reimbursement of the relocation design costs that will be incurred by the Company (see Exhibit B, "Estimate of Relocation Design Cost," attached and incorporated herein by reference). NOW, THEREFORE, in consideration of the foregoing, and for other good and sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between the parties as follows. 1. The Company shall design a relocation plan to relocate the communications conduit systems owned by Company in the right of way. A substitute location for the communications facilities, and the materials and methods used in the relocation, are subject to the prir rev ewai° by BNSF. The Company shall not perform any design construction1446F U ting by both the City and BNSF. CITY SECRETARY ! FT WORdHy 0X h:\gwm\agreement\relo_govrev0312081 Attested byo 2. The Company will notify the City's Project Engineer by telephone at least twenty-four (24) hours before beginning any work covered by this Agreement. 3. The City shall reimburse the Company for all costs incurred by the Company in designing the Facilities. Anon -binding estimate of the costs to be incurred is set forth in Exhibit B, attached and incorporated by reference. Before authorizing any individual additional charge in excess of $80,248.00 (eighty thousand two hundred forty- eight dollars), the Company shall obtain the written consent from the City, which consent shall not be unreasonably withheld. The Company shall have the right to approve changes which are equal to or less than the foregoing amounts to the extent that the Company reasonably deems such changes to be necessary, including, without limitation, changes required to comply with applicable local, state, or federal laws, rules, or regulations. 4. The Company will make its contractor aware of the need for the Company to coordinate performing the work with the City. The City acknowledges that the Company's design schedule, flagging protection, and right of entry are controlled by BNSF. 5. The Company shall submit itemized bills for the actual costs incurred for performing the work covered herein, together with supporting documentation. The City agrees to pay the full amount within 45 days following receipt of each bill. 6. Either party may terminate this Agreement by giving the other party 90 days written notice of its intention to do so and payment of invoices for all such related, reasonable, and verifiable costs up to termination notification. 7. This Agreement shall be construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or in any way relating to this Agreement that cannot be amicably settled without court action shall be litigated in a district court of Tarrant County,. 8. This Agreement constitutes the entire agreement of the parties, and supersedes any and all prior negotiations, understandings, and agreements, whether oral or written. �—_--�_� Qwest Communications Company, LLC City of Fort m c-��i COIl�X'c3CL" ALifii'1Gz'].Z�t:lOit By: Name: Pieter Poll Title: Date: 4/15/2011 u �� By: ��. �� ,� � �. r ry . _. ;, r `� +t /r%/i,�►/iao GOs�Z �isrt. �.'�.. /%.zhzoe�' � �/ 7/ii . •' ` ! 4 • � / � � �.y �.. 1 i / // / i ' -- - - '_ , ACKNOWLEDGEMENTS STATE OF COLORADO COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of Colorado, on this day personally appeared qI Cqv0.k ?0 SU�. NGG�cJ1,�-_ (1w0�k • , Qwest Communications Company, LLC, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE the � � day of �i� ''''.. •.*FL sr ' .VtOTARp 04 '• PUBLIC �•� STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of Colorado My t;ommisaa!on Exp+ms Aug. 21 2011 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE the 2011. ° _ �ONIA DANIELS MY COMMISSION EXPIgES July 10, 2013 3 iFT. WORTH, TX % day of h: \gwm\agreement\relo_govrev0 3120 8 EXHIBIT A SCOPE OF WORK ON THE RIGHT OF WAY Limits of City Construction is along the Burlington Northern Santa Fe Railroad (BNSF), from approximately BNSF Mile Post (MP) 357 to MP 368 Preliminary Engineering • Consulting on areas that Qwest realistically needs to relocate their facilities. • Coordination with R/W to avoid potential conflicts in relocation when deemed necessary. • Field research to discern the proper construction methods to relocate Qwest conduit/cable when required. Deliverables: Schematic showing actions required/requested by the City from beginning to end of the project. Spreadsheet associated with schematic detailing construction requirements. Inspection Services • Provide redline drawings • Update Scope of Work (SOW). Deliverables: Establish redline drawings with final SOW. Management Services • Manage daily activities. • Interpret SOW. • Comply with Agreements. Deliverable: Provide drawings for construction and permitting. Establish base construction estimate for project Agreement. 4 h\gwm\ agreement\relo_govrev03 120 8 EXHIBIT B NON -BINDING ESTIMATE OF DESIGN -RELOCATION COSTS This estimate is based upon the prices of labor and labor current as of the date of this estimate. The estimate does not account for increases due to unknown and unforeseen circumstances in accomplishing the work or increases in materials or labor after the date of this estimate. Reimbursement shall not be limited by this non -binding estimate: NON -BINDING COST ESTIMATE 03/25/2011 Project Name Project Location Cost Detail of OSP, FOC and Splicing Material Cost (Qwest Supplied) OSP Materials Splice Materials Fiber Optic Cable (FOC) Shipping on Materials & FOC Shipping BNSF FAA Relocation Design Haslet I FT. Worth, TX Taxes on Materials & FOC Taxes on Materials and FOC External Labor Costs Estimated It UOM Cos 0 0 if 0 Total Material Cost (Qwest) 0 0 Total Shipping Cost 0 0 Total Tax Cost 0 Extemal OSP Constriction Costs (Labor &All Remaining Materials) Extemal Splicing Costs Engineering and Inspection Costs If Other Fees Including Permit &Right of Way Costs Railroad ROW fees Private ROW fees Miscellaneous ROW fees BNSF Coordinater Qwesl Splidng 0 0 0 0 0 63,900 Total External Costs 63,900 0 0 0 11,200 0 0 0 0 Total Other Fees 11,200� Internal Labor &Flagging Costs FieldSupporlConslructian 50 hrs 3,900 Field Operations Cons Vuction Support - hrs 0 Field Support Engineering & Permitting hrs 0 Field Support Splicing (from SFP) hrs 0 Field Operations Splicing Support (from SFP) hrs 0 Testing & Acceptance Support (from SFP) hrs 0 Fiber Planning hrs 0 Project Analysts 16 hrs 11248 CAD hrs 0 Fiberbase hrs 0 Fiber Leasing/Contracts hrs 0 Railroad Flagging days 0 Total Internal Support & Flagging Costs 5,148 Total Estimated Construction Cost TOTAL ESTIMATED COST TO CITY IS $80,248 (eighty thousand two hundred forty-eight dollars) E h:\gwm\agreement\relo_govrev031208 M&C - Council Agenda Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/7/2011 DATE: Tuesday, June 07, 2011 REFERENCE NO.: **C-24934 LOG NAME: 55AFW RWY EXT UTILITY DESIGN RELOCATION QWEST SUBJECT: Authorize Execution of a Design Relocation Agreement with Qwest Communications Company, LLC, in an Amount Not to Exceed $80,248 00 for Preparing Construction Plans and Estimates to Relocate 12.5 Miles of Fiber Optic Line as Part of the Runway Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of a utility relocation reimbursement agreement with Qwest Communications Company, LLC, for an amount not to exceed $80,248.00 as required for preparing construction plans and estimates to relocate 12.5 miles of fiber optic line as part of the runway extension project at Fort Worth Alliance Airport. DISCUSSION This utility relocation reimbursement agreement is required in connection with the realignment of approximately 12.5 miles of fiber optic line and for preparing construction plans and estimates to relocate 8.7 miles of conduit made necessary by the runway extension at Fort Worth Alliance Airport. In order to construct the new runway extensions, it is necessary to relocate all private utility service conflicts located on the proposed Burlington Northern Santa Fe Railroad (BNSF) Main line. The utility facilities will be relocated by Qwest Communications Company LLC, and it will be reimbursed for the agreed -upon amount. FAA funds from Runway Extension Grant 3-48-0296-34-2008 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 / CERTIFICATION: The Financial Management Services Director certifies that funds are available, as appropriated, in the current capital budget of the Airport Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055218265300 $80,248 00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) ,Kent Penney (5403) Ruseena Johnson (5407) Patrick Buckley (2443) ATTACHMENTS 1. Available funds 218265.doc (CFW Internal) 2. QWest Design Relocation Agreement BNSF.PDF (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=15234&print=true&DocType=Print 6/17/2011