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Home My WebLink AboutContract 43542 (2)CONSTRUCTION REIIVIUURSE1111ENT AORELI LENT Oro? CETARV CONTRACTPIO. ��_ CITY OF FORT WORTH, TEXAS o I NSF RAILWAY TRACK INSTALLATION ALLIANCE AIRPORT RUNWAY TIHi\1SION PROJI:=.CT THIS AGRI ENIENT is made and entered into by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), by and through its duly authorized assistant city manager, as authorized by the City Council (M&C C-25511), and *west Communications Company, LLC d/b/a CenturyLink QCC with a mailing address of 700 W. Mineral Avenue, Littleton, Colorado 80120 ("Company"). WI T NESSETH: WHEREAS, Company owns and operates a fiber optic system (the "Facility") in Tarrant County, Texas, said Facility being a part of relocating a 13.64 mile fiber optic (splice to splice) and 10.92 miles conduit construction re-route for the relocation of the fiber system within the BNSF Railway Right of Way; and WHEREAS, City is expanding its Alliance Airport and desires to install or cause to be installed new BNSF Railway tracks in Fort Worth, Texas (the "BNSF Tracks") and City has requested that Company reroute, adjust and/or take protective action on a portion of the Facility (the "Relocation"), in order to accommodate the BNSF Tracks; and WHEREAS, Company has agreed to provide the Relocation services subject to payment for relocation costs as detailed herein as generally depicted on Exhibit "A"; and WHEREAS, City has agreed to reimburse Company for the costs and expenses for the Engineering and/or Construction and Field Services for the Relocation project, estimated at $1,274,844.51 (One Million Two Hundred Seventy-four Thousand Eight Hundred Forty- four and 51/100 dollars) as shown on Exhibit "B" attached hereto and made a part hereof; and WHEREAS, City has previously reimbursed Company for engineering and design services in the amount of $80, 000.00 (M&C C-24934). NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Company as follows: RECITALS: The recitals, above, are incorporated into this Agreement insofar as they contain material elements germane to the Parties. REIMBURSEMENT BY CITY: A. H. Reimbursement Agreement City of Fort Worth & Alliance Runway Extension Utili Page 1 of 8 1 City agrees to pre -pay Company $318,711.13 (equal to 25%) of the estimated maximum cost for the Relocation, based on Exhibit _"B"_ attached hereto. City agrees to reimburse Company the balance on an "invoice -received" basis. Company shall prepare invoices for City review. Unless disputed, Ci#�r shall reimburse Company (excluding 5% per invoice which shall newitnlierd"as retainac e OFFICIAL REGARD` GITY SECRETARY n.WORTH,TX Relocation _7-12 ` j IN by City) within 30 days of presentation of an invoice showing actual costs and supporting documentation of work completed. a. Should the verified actual cost be greater than the estimated cost (exhibit B), City shall remit the difference to Company within thirty (30) days of the presentation of a statement showing actual costs and support materials. b. If the actual cost exceeds the estimated cost by more than Fifty Thousand Dollars ($50,000), City must obtain City Council authorization for the increased payment amount and shall not be bound to the 30 day payment requirement but shall seek said approval within a reasonable time C. City reserves the right to review and verify any presented invoice or statement for accuracy. D. Company shall submit to City within 45 days of completion a final accounting for all Relocation expenses incurred under this Agreement. Upon verification, City will remit the retainage held. E. 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. INGRESS AND EGRESS: City hereby grants to Company the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable and/or necessary for Company to perform the Relocation. AUDIT: City shall have the right, upon reasonable notice of not less than 30 days and during normal business hours, to audit and obtain copies of the books, records, and accounts of Company relating to the Relocation for up to two years after the date Company completes the Relocation. HOLD HARMLESS AND INDEMNIFICATION: City, its successor or assigns, shall hold Company harmless and free from any and all claims of damages which may occur, arising out of City's, its successors' and assigns' negligence in connection with the development of the land or in particular with this project to install new BNSF Railway tracks. Company shall be liable for and shall promptly and fully compensate City for liabilities, claims and costs resulting either from the negligent activities of Company employees, agents and/or contractors or from Company's spillage or discharge of petroleum products or other hazardous substance from the Pipeline. Company 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 Toss of life or damage or injury to persons or property directly or indirectly resulting from the work performed by Company to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents or arises out of or in connection with the Relocation Services. As a necessary condition for such indemnity to be enforceable against Company: (i) Company shall be notified in writing promptly of any and all claims, liability, loss and expense for which City seeks indemnification from Company, and (ii) Company shall have sole control of the defense of any and all claims, liability, loss and expense and all negotiations for their settlement or compromise. VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the Reimbursement Agreement City of Fort Worth & Alliance Runway Extension Utility Relocation Page 2 of 8 State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. ENTIRETY OF AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns SIGNATURE PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth & Alliance Runway Extension Utility Relocation Page 3 of 8 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. Qwest Communications Company, LLC By: fr Maxine Moreau S enior Vice President Network Services Dat : ,�Jy �/ e , J By: P ieter Poll S enior Vice president Network Planning & Construction Date: g/f3h- M&C: 2 � 1 Date:, i Z Reimbursement Agreement City of Fort Worth & Alliance Runway Extension Utility Relocation Page 4 of 8 Attest: CITY OF FORT WORTH - By: Fernando Costa Assistant City Manager Date: 8.IZilZ Dougl W. Wier�ig Rec mmended by: 6.LJ Dougl W. Wiersig Director, T/PW Department Approved as to Form and Legality: Sp o L/1y Douglas .. Black ISA,t 0 00), Assistant CityAttorne �4 o 1 ?it 0i-' 00 Uid k. tiVlarS, J Kayser City Secretary 4 4)0 vtjt 0Qg4Q Diktilatt U OFFICIAL RECORD CDTY SECRETARY eamisusiimmi i ACKNOWLEDGMENTS STATE OF Colorado } )ss COUNTY OF Before me, a Notary P blic in and for said orunty and state, on this day of i 2012 personally appeared , to me known to be the identical person w o subscribed the ame of the maker thereof to the foregoing -instrument as of rr&W14 4 4'4$4 aC. and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the uses and purposes set forth. Witness m hand and official seal this the 1 day of )A&4 2012. ty b'4 Y Y My Commission Expires August 21,2015 '//--A; A ot J Aj Notary Public My Commission Expires: r`••9660640r04 *r VkOTAJt,r • i r • i r � r • • ftnue•r r• • • f••ra•RRRR�•*• STATE OF TEXAS } )sS COUNTY OF TARRANT } Before me, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a Texas home-rule municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that in his capacity as Assistant City Manager of the CITY OF FORT WORTH, he executed the same as the act of such corporation for the purposes and consideration therein expressed. VII' m h hand and official seal this the da of 2012. fitness y a a o y , gotar,y Public My Commission Expires: :.��'''Y�.:_•: EVOII[IA DANA ELS MY rkMMiSSION EXPIRES 4 10,2013 Reimbursement Agreement City of Fort Worth& Alliance Runway Extension Utility Relocation Page 5 of 8 IJXHIBI T S TO FOLLOW: Exhibit "A" The Burlington Northern Santa Fe Railroad (BNSF) is moving forward with their plans to relocate 12 5 miles near Ft. Worth (Haslet), Texas. The relocation will make room for the future expansion of Alliance Airport runways Construction will begin on the BNSF Main, 3,000ft South of Bonds Ranch Rd. and will stretch north and end near i=M166, on the BNSF Main, 2 miles south of Justin. A one mile connector track will connect the existing south intermodal lead track to an extension auto facility to the East. CC's contractor will design, engineer and produce CAD drawings for an alternate route for the entire length required by the runway extensions at Alliance Airport. QCC will need to work closely with the BNSF and their design engineers. Drawings will be submitted by QCC to BNSF for approval; S CC will make any necessary changes required by BNSF to obtain the final approval. Final staking will be performed approximately one week before the construction begins and a required response within 72 hours of notice to perform. QCC construction Contractor will plow or trench in 90% of the build if field conditions permit set Handholes, place cable and splice. Ft+ s Aif e%i ``. DELORME Rita use s t$ed to tcente. .32007 Deane. beet Mn USA 4J 2003. Y WW &tne_.tOm Reimbursement Agreement City of Fort Worth & _ Alliance Runway Extension Utility Relocation Page 6 of 8 t.tN 14.4° E) Fott With 1:11Ftiicrest % Siege Coach Fibs �I i Keller L) 0 '4 1 1'A 1 Data Zoom 107 rnI Project Name Project Location Exhibit "B" DNSF FAA Relocation Haslet / FT. Worth, TX Cost Detail of OSP, FOC and Splicing Material Cost (Qwest Supplied) OSP Materials Splice Materials Fiber Optic Cable (FOC) Shipping on Materials & FOC Shipping Taxes on Materials & FOC Taxes on Materials and FOC Quantity UOM 72,000 If Estimated Cost 4,655.00 1,650.00 115,200.00 Total Material Cost (Qwest) 121,505.00 600 rri 810.00 Total Shipping Cost 810.00 9,112.87 Total Tax Cost 9,112.87 Ixternal Labor Costs External OSP Construction Costs (Labor & All Remaining Materials) External Splicing Costs Engineering and Inspection Costs If 829,936.43 13,248.00 200,220.00 Total External Costs 1,043,404.431 Other Fees Including Permit & Right of Way Costs Railroad ROW fees Private ROW fees Miscellaneous ROW fees BNSF Coordinater Qwest Splicing 0 0 0 Internal Labor & Flagging Costs Field Support Construction Field Operations Construction Support Field Support Engineering & Permitting Field Support Splicing (from SFP) Field Operations Splicing Support (from Testing & Acceptance Support (from SFF Fiber Planning Project Analysts CAD Fiberbase Fiber Leasing/Contracts Railroad Flagging 0.00 0.00 0.00 30,000.00 0.00 0.00 0.00 0.00 Total Other Fees 30,000.00 500 hrs 120 hrs hrs 20 hrs 60 hrs hrs 24 hrs 60 hrs 100 hrs 24 hrs 24 hrs days 39,000.00 7,570.80 0.00 1,560.00 3,785.40 0.00 1,872.00 4,680.00 7,800.00 1,872.00 1,872.00 0.00 Total Internal Support & Flagging Costs 70,012.201 Total Estimated Construction Cost 1,274,844.51 Reimbursement Agreement City of Fort Worth & Alliance Runway Extension Utility Relocation Page 7 of 8 Project Name Project Location BNSF FAA Relocation Engineering Only Haslet / FT. Worth, TX Cost Detail of OSP, FOC and Splicing Material Cost (Qwest Supplied) OSP Materials Splice Matenals Fiber Optic Cable (FOC) Shipping on Materials & FOC Shipping Taxes on Materials & FOC Taxes on Matenals and FOC Quantity UOM If Estimated Cost 0 0 0 Total Material Cost (Qwest) 0 nri 0 Total Shipping Cost 0 0 Total Tax Cost 0 External Labor Costs Extemal OSP Construction Costs (Labor & All Remaining Materials) External Splicing Costs Engineering and Inspection Costs if 0 0 63,900 Total External Costs 63,900 Other Fees Including Permit &z Right of Way Costs Railroad ROW fees Private ROW fees Miscellaneous ROW fees BNSF Coordinater Qwest Splicing 0 0 0 Internal Labor & Flagging Costs Field Support Construction Field Operations Construction Support Field Support Engineering & Permitting Field Support Splicing (from SFr) Field Operations Splicing Support (from Testing & Acceptance Support (from SFF Fiber Planning Project Analysts CAD Fiberbase Fiber Leasing/Contracts Railroad Flagging 0 0 0 11,200 0 0 0 0 Total Other Fees 11,200 50 hrs hrs hrs hrs hrs hrs hrs 16 hrs hrs hrs hrs days 3,900 0 0 0 0 0 0 1,248 0 0 0 0 Total Internal Support & Flagging Costs 5,148 Total Estimated Construction Cost 80,248 Reimbursement Agreement City of Fort Worth & Alliance Runway Extension Utility Relocation Page 8 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/20/2012 DATE* Tuesday, March 20, 2012 REFERENCE NO.: C-25511 LOG NAME: 55AFW RWY EXT UTILITY RELOCATION_QWEST CONSTRUCTION (BNSF) SUBJECT: Authorize Execution of a Utility Relocation Reimbursement Agreement with Qwest Communications Company, LLC, in an Amount Not to Exceed $1,274,844 51 for Relocating 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, in an amount not to exceed $1,274,844 51 as required for relocating 12.5 miles of fiber optic line as part of the Runway Extension Project at Fort Worth Alliance Airport. DISCUSSION: On June 7, 2011, (M&C C-24934) City Council authorized the execution of a Utility Relocation Reimbursement Agreement with Qwest Communications Company, LLC (Qwest), for an amount not to exceed $80,248.00 as required for preparing construction plans and estimates (engineering services) to relocate 12 5 miles of fiber optic line as part of the Runway Extension Project at Fort Worth Alliance Airport. This Utility Relocation Reimbursement Agreement is for construction fees associated with the realignment mentioned of said 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 and it will be reimbursed for the agreed upon amount. A waiver of the DBE goal was requested by the Aviation Department and approved by the M/WBE Office. This work will be done by Qwest and not the City of Fort Worth (City). Federal Aviation Administration funds from Runway Extension Grant 3-48-0296-43-2011 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. The amount of the FAA grant is $10,000,000.00 and the local match is $526,315.79 in land credits This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: mm Logname: 55AFW RWY EXT UTILITY RELOCATION_QWEST CONSTRUCTION (BNSF) Page 1 of 2 current capital budget of the Airports Grant Fund. FUND CENTERS: To Fund Account/Centers FROM Fund/Account/C nters G R14 53 120 055218517730 Ll L.274.844-51 CERTIFICATIONS: Submitted for City hLanacter's Office by Fernando Costa (6122) orininat� De artment Head: Bill Welstead (5402) Ruseena Johnson (5467) Additional Information Contact: Patrick Buckley (2443) ATTACHMENTS 1. 00960,Project Ma�p,.pdf (Public) 2. 960 Utility FAR3.pdf (CFW Internal) 3. Available funds 216517.doc (CFW Internal) 4. Q west waiver_(L60j.pdf (CFW Internal) Logname: 55AFW RWY EXT UTILITY RELOCATION_QWEST CONSTRUCTION(BNSF) Page 2 of 2