HomeMy WebLinkAboutContract 45502 (2)-.
COlt`.ITRC iJ I( Q c jiZY
CONSTRUCTION
REIMBURSEMENT AGREEMENT
CITY OF FORT WORTH, TEXAS • OLD DENTON AERIAL TO UNDERGROUND
THIS AGREEMENT 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 �e 0 (0 ), and
Millennium Telcom, LLC dba OneSource Communications with a mailing address of 4800
Keller Hicks Rd. Keller, TX 76244 ("Company").
WITNESSETH:
WHEREAS, Company owns and operates a Telecommunications Network (the
"Facility") in Tarrant County, Texas, said Facility being a part of Keller system; and
WHEREAS, City desires to have all Utility Poles removed and associated aerial utilities
moved to underground placement.
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
$212,482 as shown on Exhibit "A" attached hereto and made a part hereof; and
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. City agrees to pre -pay Company $212,482.00 (equal to 100%) of the estimated
maximum cost for the Relocation, based on Exhibit A attached hereto.
1. Should the verified actual cost be greater than the estimated cost, City
shall remit the difference to Company within thirty (30) days of the
presentation of a statement showing actual costs and support materials.
2, 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
R. City reserves the right to review and verify any presented invoice or statement for
accuracy.
C. 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 any retainage held.
D. The obligation of the City to make a cost reimbursement payment under this
Reimbursement Agreement
City of fort Worth &Millennium Telcom. LUTdba OncSource Communications
Old Denton Aerial to Undder`round OFFICIAL RECORD
Page lor4
CITY SECRETAkY
Ft WORTH, TX -,
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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 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.
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 Toss,
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) Cornpany 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.
NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company,
and neither the City nor Company intends by any provision of this Agreement to create any
rights in any third -party beneficiaries or to confer any benefit or enforceable rights, under this
Agreement or otherwise, upon anyone other than the City and Company.
VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the
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.
Reimbursement Agreement
City of Fort Worth &Millenniunm '1'elcom, LLC dba One.Source Communications
Old Denton Aerial to Underground
Page 2 of 4
1N WITNESS WHEREOF, this Agreement shall become effective as of the date it
becomes fully executed by the parties.
Millennium,Telcom, LLC
dba One$ou) e C rhmcations,
a Limited ia.ility�omppn
CITY OF FORT WORTH
By. / � By:
‘!"----
ge `t B ac swell i Fernando Costa
-NVic- 'resident of Operations Assistant City Manager
Date:
4J,
M&C: C Z(04oC0
Date: 1 Z e7 it
Date:
4//4/*
Recbvmended by:
/ (,) Lcr
Douglas 1 1. Wiersig
Director, T/PW Department
o Form and Legality:
Douglas W Black
Assistant City Attorney
Attest.
AtC—
//Ma'ryJKayser
' City Secr'
Reimbursement Agreement
City of Fort Worth &Millennium Telconi. LLC dha OneSource Communications
Old Denton Aerial to Underground
Page 3 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/17/2013
DATE: Tuesday, December 17, 2013 REFERENCE NO.: **C-26606
LOG NAME: 20OLD DENTON ONESOURCE
SUBJECT:
Authorize Execution of a Reimbursement Agreement and Payment to Millennium Telcom, LLC d/b/a
OneSource Communications, in the Amount of $212 482.00 for the Relocation of Approximately 6,600 Feet
of Overhead Wire to Underground Facilities that are Located Along Old Denton Road (COUNCIL DISTRICT
4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Reimbursement Agreement and
payment to Millennium Telcom, LLC d/b/a OneSource Communications, in the amount of $212 482.00 for
the relocation of approximately 6 600 feet of overhead wire to underground facilities that are located along
Old Denton Road.
DISCUSSION:
Tax Increment Reinvestment Zone Number 7 (TIF 7) has funded the Old Denton Road project from Heritage
Trace Parkway to Golden Triangle Boulevard and has requested the utilities be placed underground. They
have agreed to include the cost of that underground relocation work in the scope for which they are providing
funds. A Reimbursement Agreement with Millennium Telcom, LLC d/b/a OneSource Communications, is
required along with payment in the amount of $212,482.00.
The TIF 7 Board of Directors has approved funding for Old Denton Road from North Tarrant Parkway to
Golden Triangle Boulevard in the amount of $10,400,000 00. This funding source will be utilized to cover
the costs associated with the Tri—County Utility Adjustment Agreement.
This project is located in COUNCIL DISTRICT 4, Mapsco 21L, 21Q, 21U, and 21Y.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Specially Funded Capital Piojects Fund.
FTJND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 541200 202230172472
CERTIFICATIONS:
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Denartment Head: Douglas W. Wiersig (7801)
Additional Information Contact: Mike Bennett (7910)
ATTACHMENTS
$212.482.00
1. 01742 FAR-00014.ndf
2. 20o1d denton rd at—htn+01724 man FAR-00014 ndf
3. 20OLD DENTON RD GT—HTP 01724 MAP ndf
4. C291 01724.docx