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HomeMy WebLinkAboutContract 37651-A3 Confidential CITY SECRETARY CONTRACT NO �L AMENDMENT NO. 3 TO FREQUENCY RECONFIGURATION AGREEMENT THIS AMENDMENT NO. 3 shall amend and revise that certain Frequency Reconfiguration Agreement (the "Agreement") executed on September 29, 2008, as amended, by and between The City of Fort Worth, a Texas municipality ("Incumbent"), Nextel Partners Operating Corp., a wholly-owned subsidiary of Nextel Partners, Inc., a Delaware corporation, and Nextel of Texas, Inc., a wholly owned indirect subsidiary of Sprint Nextel Corporation, a Kansas corporation(collectively, "Nextel") having an address of 2001 Edmund Halley Drive, Reston, VA 20191. Nextel and Incumbent may be referred to collectively in this Agreement as the"Parties." NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties, in accordance with the provisions of Section 26 of the Agreement, hereby agree to amend and revise the Agreement as follows: 1. That Schedule C-2 is hereby deleted and is replaced with Schedule C-3, which is attached hereto and incorporated by reference herein. 2. Except as set forth above, there are no other revisions or amendments to the Agreement or to the obligations of the Incumbent or Nextel. 3. In the event of any inconsistencies between the terms and conditions contained in the Agreement and the terms and conditions contained herein, the terms and conditions contained herein shall control. OFFICIAL RECORD' CITY SECRETARY FT,WORTH,T) t E RECEIVED SEP 28 2GG9 Page 1 of 14 Confidential In WITNESS WHEREOF, the Partie heXeto, intendin to be legally bound, have duly executed this Amendment as of this -- day of3CJ:!�2QL,-�200� INCUMBENT: NEXTEL: City of Fort Worth Nextel of Texas,Inc. B . y: Name: Karen L. Montgon7,Qy NameWILL 1��1 T I IENKINS Title: Assistant City Manager iftTHOMED SIGNATORY By: 6/'--" Nextel Partners Operating Name: Pete Anderson Corp. 01 Title: IT Solutions Director/CIO v By:_ Name: Malesh a Farmer Name: XLIAM M JENKINS Title: Assistant City Attorney Title: AUT t m P. In- IZED SIGNATORY Attest: Name:Marty Hendrix Title: City Secretary NO M&C REQUIRED t OFFICIAL RECORD CITY SECRETARY FT,WORTH,T Page 2 of 14 Confidential SCHEDULE C-3 800 MHZ RECONFIGURATION COST ESTIMATE - CERTIFIED REQUEST Request for Reconfiguration Funding Incumbent's Name: FORT WORTH, CITY OF, TX PH II Pursuant to the Order, Incumbent is required to reconfigure its existing facilities and requests Sprint Nextel to fund the estimated reconfiguration costs included below: Incumbent Payment Terms: Sprint Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent an amount not to exceed the Estimated Cost(s) for Incumbent with respect to each category of work, as set forth below. Nextel will pay Incumbent within 30 days after receipt by Nextel of (A) a fully completed Incumbent Information Form (as set forth on Exhibit A), (B) an invoice (or invoices) from Incumbent for the Actual Costs that are associated with a category of work as set forth below, (C) Incumbent's approval of receipt of goods and services, and approval of all associated costs included on the invoices, (D) for any Incumbent internal labor costs invoiced, a signed labor certification or time sheet certification (as provided on Exhibit B) must accompany such invoice, and (E) for any travel expenses incurred by Incumbent, actual receipts documenting the travel expenses, including hotel invoices, airfare receipts, etc., must be submitted to substantiate the Actual Costs incurred for such travel. Vendor Payment Terms: Sprint Nextel will pay each Vendor an amount not to exceed the Estimated Cost(s) for that Vendor with respect to each category of work, as set forth below. Sprint Nextel will pay each Vendor within 30 days after receipt by Sprint Nextel of(A) an invoice from the Vendor and (B) Incumbent's approval of receipt of goods and services and approval of associated costs included on the Vendor invoice. 1. System Description: City of Fort Worth owns and operates the following 3 communications systems that are subject to rebanding: Five-site, 20-channel simulcast trunked system — provides public safety communications for CFW and other agencies throughout Tarrant County and beyond. Approximately 5000 users rely on this system for critical communications. All 20 channels fall within the Public Safety NPSPAC band. This system utilizes 2 geographically separated prime sites located at Burnett Plaza and North Beach. These sites also have co-located simulcast remote equipment. The other 3 remote sites are located at Bergh Tower, Rolling Hills, and Eagle Mountain. The antenna networks at Bergh, North Beach, and Rolling Hills consist of a single receive antenna with a multicoupler and tower top amp while those at Eagle Mountain and Burnett Plaza consist of 2 receive antennas each with a multicoupler and tower top amp. A-MlPansmtr-A networks consist of 5 antennas connected to either a 4 or 5 channel combiner.`*-ngle- te, 4DRD 20-channel trunked system — provides both local government and public saety +ARY Page 3 of 14 ;�:; *ORTH, TX Confidential communications for Fort Worth and other agencies throughout the area. This system is not only the primary communications network for City of Fort Worth local government users but is also the emergency backup for the simulcast system. However as a backup system it is limited in both capacity and RF coverage. It is not designed to support the handheld subscribers carried by Public Safety users. This system typically supports approximately 3000 users primarily utilizing car mounted mobile units. All 20 channels fall within the Public Safety NPSPAC band. This system is located at the Burnett Plaza site. It consists of a single controller, 2 receive antennas connected to multicouplers/tower top amps, and 5 transmit antennas each connected to a 4 channel combiner. The major system elements to be reconfigured are summarized in the table below: Ttl. Included iu FRA Base station frequencies 48 48 -Voice channels 32 32 -Home/Control channels 8 8 Repeater sites 8 8 Other sites(remote recv, BDA) 1 1 Subscriber units retuned 729 729 Subscriber units reprogrammed 4011 4011 Subscriber units replaced 4662 1 4662 Subscriber units rebanded total 9404 9404 Entities operating on the system 18 18 2. Reconfiguration Milestones: Identify the anticipated start date of the overall reconfiguration of your system (Project Start). Then, for each major reconfiguration milestone listed in the table below, provide (1) the anticipated number of days after project start date required to begin execution of the task identified, and (2) the estimated duration in number of days required to complete the task identified. As an FRA is negotiated, it is not always possible to know an actual start date for specific reconfiguration tasks. In such a case, it is acceptable to forecast an estimated start date from execution of the FRA (i.e., "contract execution + xx days") and estimate the duration of each task. Wolpiig rafiOil Task StAtt #r� Dust paii�n t►f. a Project Start Reconfiguration Planning Reconfigure Subscriber Equipment Reconfigure Infrastructure Equipment System Acceptance 3. Implementation Plan: The attached Implementation Plan (see attached SOW ) and associated deliverables describe the reconfiguration implementation plan resulting from funds expended under the Planning Funding Agreement dated January 17, 2007. Page 4 of 14 Confidential 4. Cost Estimate: Description of Work To Be Performed Payee(separately Estimated Cost(s)for identify Incumbent and Incumbent and Each each Vendor being paid Vendor(Not to Exceed for workperformed) listed amount I.Subscriber Equipment Reconfiguration (Vendor) $5,116,770.93 • Replacement of Dash Mount Radios- Motorola De-install&Install for standard sedan or light/medium truck with unit installed under the dash and no obstructions or special installation requirements. (817 units @ 2.40 hrs each @$186.00/hr=$364,708.80) • Replacement of Dash Mount Radios- De-install&Install into Police sedan/cruiser(Center control console). (762 units @ 3.30 hrs each @$186.00 /hr=$467,715.60) • Replacement of Dash Mount Radios- De-install&install into Fire Truck(214 units @ 3.80 hrs each @$130.00/hr= $105,716.00) • Replacement of Dash Mount Radios- Add time for special Install conditions: Production of mobile console mount face plates. (2 units @ 1.00 hrs each @ $697.00/hr=$1,394.00) • Replacement of Remote Mount Radios -Control Station removal and re0install plus decoder removal and re-install (287 units @ 6.00 hrs each @$130.00 /hr=$223,860.00) • Replacement of Remote Mount Radios -De-install&Install into Police sedan/cruiser(Center control console). (159 units @ 3.90 hrs each @$186.00 /hr=$115,338.60) • Replacement of Remote Mount Radios -De-install&install into Motorcycle (67 units @ 3.90 hrs each @$186.00 /hr=$48,601.80) • Replacement of Remote Mount Radios -De-Install&Install into special vehicle(Insert hours and describe below)(48 units @ 8.00 hrs each @ $130.00/hr=$49,920.00) • Replacement of Remote Mount Radios -XTL 2500 interactive End User Tool Page 5 of 14 Confidential Kit-$1395,XTL 5000 iEUTK-$1395, XTS 2500 iEUTK-$1395,XTS5000 iEUTK-$1395 (1 @$5,580.00/unit= $5,580.00) • Retune Existing Mobile Radios- Removal and re-install of existing mobile radio if radio cannot be programmed in the vehicle due to obstruction to programming port. (1509 units @ 1.00 hrs each @$186.00/hr= $280,674.00) • Portable Radios-Flashing and Retuning of Existing Portable Radio (3237 units @ 0.70 hrs each @$186.00 /hr=$421,457.40) • Portable Radios-Replacement of Existing Portable Radio(2302 units @ 0.60 hrs each @$130.00/hr_ $179,556.00) • Radio Templates(Masks)-Modify Radio Templates(Masks)for Replaced Units(630 units @ 4.00 hrs each @ $175.00/hr=$441,000.00) • Radio Templates(Masks)-Modify Radio Templates(Masks)for Flashed Units(984 units @ 2.50 hrs each @ $175.00/hr=$430,500.00) • Second Touch-Modify Radio Templates(Masks)for Flashed Units (1580 units @ 0.50 hrs each @$175.00 /hr=$138,250.00) • Second Touch-Retune Existing Portable(5539 units @ 0.70 hrs each @ $185.85/hr=$720,596.21) • Second Touch-Retune Existing Mobile Removal and re-install of existing mobile radio(3134 units @ 1.00 hrs each @$176.00/hr= $551,574.60) • PM-Project Manager on Site Supervision&Coordination 1 st touch (1724hrs @$175.00/hr=$301,700.00) • PM-Project Manager-Replacement Subscribers&Accessories List Validation(102hrs @$175.00/hr= $17,850.00) • PM- Second Touch Project Management(1433hrs @$175.00/hr= $250,777.92) • RE -CFW Template Development and (Incumbent) $1,279,685.00 modification(790hrs @$60.00/hr= CFW $47,400.00) Page 6 of 14 Confidential • RE-CFW 2nd Touch Template Development and modification(81hrs @$60.00/hr=$4,860.00) • PM-CFW 2nd Touch Project Management(6142hrs @$74.00/hr= $454,508.00) • PM-CFW First Touch Project Management(6744hrs @$74.00/hr= $499,056.00) • PM-CFW Project Manager will coordinate replacement subscribers& accessories list validation. (204hrs @ $74.00/hr=$15,096.00) • Per Unit-Subscriber Unit Replace/Reprogram-Mobile and Portable(3865hrs @$39.00/hr= $150,735.00) • Per Unit-Subscriber Unit Replace/Reprogram-Mobile and Portable(2770hrs @$39.00/hr= $108,030.00) II.Infrastructure Equipment Reconfiguration (Vendor) $154,350.00 a. Infrastructure Equipment Reconfiguration Motorola Services • ST - Burnett-LG(50hrs @$175.00 /hr=$8,750.00) Install rebanding software in controller cards(2units) Replace combiners(4units) Retune repeaters and combiners 1-20, l channel at a time(20units) • ST - Burnett=PS(78hrs @$175.00 /hr=$13,650.00) Replace combiners(4units) Install rebanding software in redundant prime controllers(l units) Retune,optimize,combiner l repeaters, controller code plugs (20units) • ST - Rolling Hills-PS(76hrs @ $175.00/hr=$13,300.00) Replace combiners(4units) Retune, optimize,combiner 1 repeaters, controller code plugs (20units) • ST - Bergh-PS(76hrs @$175.00/hr =$13,300.00) Replace combiners(4units) Retune, optimize,combiner 1 repeaters, controller code plugs (20units) • ST - Eagle Mtn-PS(60hrs @ $175.00/hr=$10,500.00) Page 7 of 14 Confidential Retune,optimize, combiner 1 repeaters,controller code plugs (20units) • ST - North Beach-PS(76hrs @ $175.00/hr=$13,300.00) Replace combiners(4units) Retune,optimize,combiner 1 repeaters,controller code plugs (20units) • ST - Radio Shop-COW(24hrs @ $175.00/hr=$4,200.00) Controllers(I units) Repeaters(20units) Retune Combiners&Duplexer (Antenna System)(5units) • ST - Data Channel(1 Ohrs @$175.00 /hr=$1,750.00) Recofigure RNC(2units) Retune data base stations(2units) • ST - System Watch,Site Lens(8 @ $175.00/unit=$1,400.00) • ST - GenWatch-CFW(16 @$175.00 /unit=$2,800.00) • ST - GenWatch-Outside agencies(40 @$175.00/unit=$7,000.00) • PM - Project Manager(144hrs @ $175.00/hr=$25,200.00) • SE - System Engineer(128hrs @ $175.00/hr=$22,400.00) • ST - System Technologist(96hrs @ $175.00/hr=$16,800.00) • RE -Due to CFW Security (Incumbent) $57,240.00 requirements,a CFW escort must be on CFW site concurrently with a Motorola engineer.(25hrs @$60.00/hr= $1,500.00) • RE -Due to CFW Security requirements,a CFW escort must be on site concurrently with a Motorola engineer. (40hrs @$60.00/hr= $2,400.00) • RE -Due to CFW Security requirements,a CFW escort must be on site concurrently with a Motorola engineer. (76hrs @$60.00/hr= $4,560.00) • RE -Due to CFW Security requirements,a CFW escort must be on site concurrently with a Motorola engineer. (76hrs @$60.00/hr= $4,560.00) • RE -Due to CFW Security Page 8of14 Confidential requirements,a CFW escort must be on site concurrently with a Motorola engineer. (60hrs @$60.00/hr= $3,600.00) • RE -Due to CFW Security requirements,a CFW escort must be on site concurrently with a Motorola engineer. (76hrs @$60.00/hr= $4,560.00) • RE -Due to CFW Security requirements,a CFW escort must be on site concurrently with a Motorola engineer. (24hrs @$60.00/hr= $1,440.00) • RE -Due to CFW Security requirements,a CFW escort must be on site concurrently with a Motorola engineer. (10hrs @$60.00/hr= $600.00) • RE -CFW will establish the operational protocals required for reconfiguration of System Watch. (8hrs @$60.00/hr=$480.00) • RE -CFW will establish the operational protocals,security,access parameters,and overall configuration for GenWatch. (32hrs @$60.00/hr= $1,920.00) • RE -CFW must coordinate all management terminal activities with outside agencies in advance and in cooperation with motorola(120hrs @ $60.00/hr=$7,200.00) • PM-Due to CFW Security requirements,a CFW escort must be on multiple sites concurrently with a Motorola engineer/Project Manager (PM).PM hours provide Managerial Oversight and supervise/verify work:- Preplanning and Coordination Meetings for Local Govern(330hrs @$74.00/hr _$24,420.00) b.Infrastructure Equipment Reconfiguration (Vendor) $807,446.00 Equipment/Software: Motorola • DB8062F4-B,4CH TX COMBINER,851-869MHZ-Model No:DB8062F4RSB(5 @$4,794.00 /Each) • TX COMBLINE PRESELECTOR 851- 869 MHZ-Model No:DQ8987A05P(5 @$650.25/Each) • NARROW BAND BASE SELECTOR KIT-Model No:DDF1005(5 @ Page 9 of 14 Confidential $746.30/Each) • DB8062F4-B,4CH TX COMB INER,851-869MHZ-Model No:DB8062F4RSB(3 @$4,794.00 /Each) • DB8062F5-B,5CH TX COMB INER,851-869MHZ-Model No:DB8062F5RSB(2 @$5,992.50 /Each) • TX COMBLINE PRESELECTOR 851- 869 MHZ-Model No:DQ8987A05P(5 @$650.25/Each) • NARROW BAND BASE SELECTOR KIT-Model No:DDF 1005 (5 @ $746.30/Each) • DB8062F4-B,4CH TX COMBINER,851-869MHZ-Model No:DB8062F4RSB(3 @$4,794.00 /Each) • DB8062F5-B,5CH TX COMB INER,851-869MHZ-Model No:DB8062F5RSB(2 @$5,992.50 /Each) • TX COMBLINE PRESELECTOR 851- 869 MHZ-Model No:DQ8987A05P(5 @$650.25/Each) • NARROW BAND BASE SELECTOR KIT-Model No:DDF1005 (5 @ $746.30/Each) • DB8062F4-B,4CH TX COMB INER,851-869MHZ-Model No:DB8062F4RSB(3 @$4,794.00 /Each) • DB8062F5-B,5CH TX COMB INER,851-869MHZ-Model No:DB8062F5RSB(2 @$5,992.50 /Each) • TX COMBLINE PRESELECTOR 851- 869 MHZ-Model No:DQ8987A05P(5 @$650.25/Each) • NARROW BAND BASE SELECTOR KIT-Model No:DDF 1005 (5 @ $746.30/Each) • DB8062F4-B,4CH TX COMBINER,851-869MHZ-Model No:DB8062F4RSB(5 @$4,794.00 /Each) • TX COMBLINE PRESELECTOR 851- 869 MHZ-Model No:DQ8987A05P(5 @$650.25/Each) • NARROW BAND BASE SELECTOR KIT-Model No:DDF 1005 (5 @ $746.30/Each) Page 10 of 14 Confidential • Advanced System Key Package- Model No:DVN4046(8 @$300.00 /Each) • RocketPort PCI DB25 Male-Model No:DS990970(1 @$348.00/Each) • Certified XP Workstation for SWII- Model No:DDN9157(I @$2,736.00 /Each) • SWII on XP Software Upgrade Application-Model No:T7143 (1 @ $800.00/Each) • SIMS II Client(GW 3-COM-CLI-13)- Model No:L3516(4 @$42,840.00 /Each) • SIMS II Host/Client(GW 3-COM- HO1-13)-Model No:L3517(2 @ $94,350.00/Each) • RF MODEM/CLOCKING RADIO 800MHZ 10-15W-Model No:HKUN4033 (15 @$1,840.00 /Each) • POWER SUPPLY&CBL(1-25 WATT MODELS)-Model No:HPN4008(15 @$187.44/Each) • RADIO SERVICE S/W INSTRUCTION MANUAL-Model No:6881081C15 (1 @$16.65/Each) • SIP Replacement(GW 3-COM-LEI-B) -Model No:L3518 (5 @$27,455.00 /Each) • 6809 28 Ch Controller Code Plug- Model No:UOST-0001 (60 @ $1,298.00/Each) • CSC Software-Model No:UOST-0004 (3 @$1,509.00/Each) • RSC Software-Model No:UOST-0006 (1 @$481.00/Each) • TSC Software-Model No:UOST-0008 (3 @$481.00/Each) • ReSC SmartNet Software-Model No:UOST-0016 (6 @$481.00/Each) • TCI Software-Model No:UOST-0018 (1 @$602.00/Each) • General Dynamics-Project 25 Radio Test Set-Model No:R267013(1 @ $14,355.00/Each) • General Dynamics- SmartNet/SmartZone Trunking-Model No:RLN4498A(1 @$4,455.00/Each) • General Dynamics-Digital Hardware Module-Model No:CM701 (1 @ $2,250.00/Each) Page 11 of 14 Confidential • General Dynamics-SecureNet-Model No:CM711 (1 @$1,125.00/Each) • General Dynamics-DES,DES-XL Encryption-Model No:CM708(1 @ $1,125.00/Each) • General Dynamics-Service Manual (CD)-Model No:RLN5237A(1 @ $315.00/Each) • General Dynamics-Calibration Certification— (Included) III. Engineering and Verification (Vendor) $73,720.00 • PM - Project Manager(48hrs @ Motorola $175.00/hr=$8,400.00) • SE - System Engineer(includes pre/post coverage testing)(128hrs @ $175.00/hr=$22,400.00) • PM - Equipment rental-coverage testing(2 @$6,060.00/unit= $12,120.00) • ST - System Technologist(176hrs @ $175.00/hr=$30,800.00) • PM-CFW Testing tasks include:- (Incumbent) $7,104.00 Coordinate Pre Rebanding Verification CFW Tests for LG and PS-Coordinate Post Rebanding Verification Tests for LG and PS-Coordinate Pre and Post Coverage Testing for LG and PS- Coordinate and approve Functional Acceptance Testing for LG and PS (96hrs @$74.00/hr=$7,104.00) IV.Professional Services (Vendor) $294,175.00 • PM - Project Manager(688hrs @ Motorola $175.00/hr=$120,400.00) • SE - System Engineer(324hrs @ $175.00/hr=$56,700.00) • ST - System Technologist(242hrs @ $175.00/hr=$42,350,00) • PM - Negotiation Support(160hrs @ $175.00/hr=$28,000.00) • Travel Expenses(1 @$46,725.00/unit =$46,725.00) • PM-Project Management(3670hrs @ (Incumbent) $295,260.00 $74.00/hr=$271,580.00) CFW • PM-Negotiation Support(320hrs @ $74.00/hr=$23,680.00) Page 12 of 14 Confidential V Contracts and Legal (Incumbent) $3,375.00 • Legal Fees to Negotiate FRA and CFW Reconfiguration Services Agreement(1 @$3,375.00/unit=$3,375.00) • Legal Fees to Negotiate FRA and (Vendor) $123,375.00 Reconfiguration Services Agreement(1 H&K @$116,750.00/unit=$116,750.00) • FCC Licensing Work(1 @$5,125.00 /unit=$5,125.00) • Travel(1 @$1,500.00/unit= $1,500.00) Amendment#1: a. Legal fees to negotiate FRA (Vendor) $21,944.00 b. FCC licensing work H&K $5,000.00 c. Other legal fees $ 10,000.00 Amendment#2: (Vendor) $40,622.40 Replacement of Dash Mount Radios-De- Motorola install&Install for standard sedan or light/medium truck with unit installed under the dash and no obstructions or special installation requirements. (91 units @ 2.40 hrs each @$186.00/lir=$40,622.40) Amendment#3: Revision to transfer costs for CFW only (Vendor) -$ 894,600.00 template development from Motorola to Motorola CFW. CFW is assuming responsibility for this task for first and second touch. Incumbent $306,720.00 Motorola to retain responsibility for outside agencies that utilize the CFW system. CFW Incumbent $1,949,3 84.00 Motorola Vendor $5,592,484.33 H&K Vendor $160,319.00 Total Estimated Costs $7,702,187.33 Page 13 of 14 Confidential Certification Pursuant to the Order, Incumbent hereby certifies to the Transition Administrator appointed pursuant to the Order that the funds requested above are the minimum necessary to provide Incumbent reconfigured facilities comparable to those presently in use in a manner that is reasonable, prudent and timely. Incumbent further certifies, to the best of Incumbent's knowledge, that any vendor costs identified on the Schedule C-3 are comparable to costs previously charged by each such vendor to Incumbent. Signature:�e� Print Name: Karen L. Mont ome Title: Assistant Cily Manage Phone Number 317/3 9 2—6 2 2 2 E-mail: karen.montgomery@fortworthgov .og Date: A by: Fy Marty Hendrix, Secretary Page 14 of 14 FORT WORTH INTEROFFICE MEMORANDUM TO: Marty Hendrix, City Secretary FROM: Maleshia Farmer, Assistant City Att /n^gp DATE: October 9, 2009 SUBJECT: Amendment No. 3 FRA Attached, please find an original fully executed copy of Amendment No. 3 Frequency Reconfiguration Agreement dated 10/8/09 between The City of Fort Worth, Nextel Partners Operating Corp., and Nextel of Texas, Inc. Please assign Contract number, record and return a copy to me. Please call my secretary, Kathryn Smith at ext. 2428, when document is ready for pickup. Please let me know if you have any questions. OFFICE OF THE CITY ATTORNEY The City of Fort Worth * 1000 Throckmorton Street*Fort Worth,Texas 76102 817-392-7600*Fax 817-392-8359 *,400 S rintSprint Nextel Rochelle Pearson 2001 Edmund Halley Drive Transaction Specialist Together with NEXTEL Reston,VA 20191 Office: (703) 926-8539 Fax: (703)433-3824 OCT 9 2009 By October 8, 2009 City of Fort Worth City Attorney 1000 Throckmorton Street Fort Worth, TX 76102 Enclosed please find the fully executed Amendment#3 Frequency Reconfiguration Agreement, dated October8, 2009, between The City of Fort Worth, Nextel Partners Operating Corp., and Nextel of Texas, Inc., for your records. 1 The Reconfiguration Costs will be paid according to the terms of the Contract If you have questions during the course of the transaction, please contact me via email angela.allen2e-sprint.com (703)592-7620. Thank you for your continued assistance and cooperation. Sincerely, abed-&Q?eaeson Rochelle Pearson Transaction Specialist Enclosure cc: City of Fort Worth Attn: John Eikerts Holland &Knight LLP Attn: Rosalind L. Allen