HomeMy WebLinkAboutContract 45512 (2)AT&T Texas ; ti» Uk; '
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APPLICATION FOR CONSTRUCTION SERVICES
CWOTS Record Number: 1745T13 — Rev.
Billing Telephone Number: Special Bill
BILL TO: CITY OF FORT WORTH, Aviation ("Applicant")
CIO Ruseena Johnson
4201 N Main Street, Suite 200
Fort Worth, TX 76106
WORK SITE LOCATION: John Day Road, just north of the City of Haslet
DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED:
This cost estimate is for project to re-route cable due to relocation of rail lines and airport
expansion.
LABOR EXPENSE: Contractor: $16,746.00; SWBT: $11,286.00;
MATERIAL EXPENSE: $30,307.00; CORPORATE EXPENSE: $7,011.31;
ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $65,350.31
(Actual charges may exceed this estimated cost.)
Applicant requests that Southwestern Bell Telephone Company d/b/a AT&T Texas, (hereafter "SWBT")
perform the above -described construction services. Applicant agrees to pay the charge(s) indicated
above for such services. The work is to be done on an "Actual Cost" basis, all charge(s) will be
computed in accordance with SWBT's ordinary accounting practices and will include allocated costs for
labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and sundry
billings from sub -contractors and suppliers for work and materials related to the job. The Applicant
affirms that the cost estimate furnished by the Telephone Company has been considered only as an
estimate of approximate costs and that the actual costs incurred by the Telephone Company in doing
the work at the particular time and location might be higher. Said estimated cost is subject to change
due to any number of factors including, but not limited to, changing conditions in the field, weather
delays, or changes in the scope of the work.
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days from April 4, 2014. If the charges are not
accepted within 60 days the order will be cancelled and a new order will need to be placed. The
second estimate may be higher than the estimated price set out above.
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PAYMENT
Applicant agrees to make an advance payment of $65,350.31 prior to commencement of the work.
Charges for construction services, if any, will be billed on a special bill separate from the bill that
Applicant receives for telephone service.
Applicant to make payment on change orders within thirty (30) days of the date of signature on the
change order. Failure to make payment within the designated thirty (30) day time period will operate to
cancel the change order and SWBT will cease all work activity on the project until payment is made.
When the Applicant agrees to Interval Billing the balance of the Contract Price or Actual Cost (as
applicable) will be made in monthly payments. If the Actual Cost made varies from the Estimated Cost,
then a correcting adjustment will be made in the last payment. If the parties cannot agree to Interval
Billing, Applicant will make an advanced payment as indicated above.
Applicable to orders over $25,000 and work will take 6 or more months to complete
STOP WORK ORDER
In the event that Applicant issues a stop work order, or places the project "on hold", at any point during
the progress of the work, said stop work order or request to "hold" work must be issued in writing and
must be delivered via certified mail, return receipt requested to Natasha Newbrough, 4801 Matlock
Road, Room B16, Arlington, Texas, 76018. If Applicant issues a stop work order, or a request to
"hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the
stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein
will expire and a new contract price will be determined and provided, in writing, to Applicant. The new
contract price may be higher than the contract price quoted in this custom work order.
If, after issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must
inform SWBT, in writing of the cancellation. Southwestern Bell Telephone Company will deduct any
expenses incurred in performing the work from Applicant's advance payment and refund any remaining
funds to Applicant.
Under no circumstances will SWBT, be responsible to Applicant for any alleged damages or additional
expenses incurred by Applicant as a result of a stop work order or an order to "hold" work on the
project.
CANCELLATION
If the Applicant cancels the work prior to completion, Applicant must notify SWBT, in writing of said
cancellation.
If Applicant elects to cancel the work prior to completion, Applicant agrees to pay SWBT for the costs it
has incurred in starting performance under the contract. If Applicant has made an advance payment,
SWBT will deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation
from the amount of the advance payment. Any amount remaining will be refunded to Applicant.
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CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS
Should concealed conditions exist, including conditions that may exist below the surface of the ground,
or if conditions exist that could not have been anticipated by SWBT at the time of this agreement,
SWBT will be entitled to additional funds and/or additional time to complete the work. Southwestern
Bell Telephone Company will request such additional funding and/or additional time through a request
for a change order.
Conditions that may materially alter the scope of the work and/or the cost associated with the work
include but are not limited to conditions that exist below the surface of the ground and could not have
been anticipated at the time of the price quote, above ground barriers, Acts of God affecting the
progress or sequencing of the work, labor disputes, and other conditions or circumstances that SWBT,
could not reasonably anticipate at the time of providing the above referenced price quote
to Applicant.
Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work,
SWBT is entitled to seek from Applicant additional funds as necessary to perform the work, and
additional time, as necessary to complete the work. Said request for additional funds and/or additional
time will be through change order.
All change orders will be in writing.
All change orders will be submitted and accepted by Applicant, before SWBT proceeds to execute the
work or, if work has been initiated on the project, continues with executing the work except in an
emergency endangering life or property. •
Applicant is deemed to have accepted the terms of any change order by signing where indicated on the
change order.
Under no circumstances will SWBT's request for a change order be deemed or used as evidence of
delay on the project. Nor will any change order issued in this project be used to charge SWBT with
responsibility for any alleged delay on the project.
NO DAMAGE FOR DELAY
Under no circumstances will SWBT be held liable to Applicant for any alleged delay on the project that
forms the basis for this agreement for construction services.
TIME TO COMPLETE
Any representation by SWBT, its agents, servants or employees that the project, or any additional work
authorized by change order, will be complete by a certain date or certain time period is strictly an
estimate and not binding on SWBT, its agents, servants, or employees. All estimated completion dates
are subject to changing conditions in the field, changes in the scope of the work, relocation of existing
utilities not within SWBT's control, Acts of God, weather delays, labor disputes, vendor/contractor
disputes, and other conditions or circumstances that SWBT, its agents, servants, or employees, could
not reasonably anticipate at the time of the estimate.
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CHOICE OF LAW
Texas law governs the application of this agreement and all terms contained therein.
ENTIRE AGREEMENT
The parties agree that the terms set forth herein constitute the entire agreement and there are no other
agreements regarding the project that is the subject of this agreement between the parties.
MODIFICATION & NOTICE
Any modification to this agreement must be made in writing and signed by both parties. Any party to
this agreement may provide the other party with notice of any fact or condition by providing such
information in writing and serving said writing via certified mail, return receipt requested.
ACCEPTED FOR
APPLICANT:
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Authorized Signature, Title or
Relationship to Applicant or Individual
Company:
Printed
Name:
Date:
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Natasha Newbrough
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OFFICIAL RECORD
CITY SECRETARY
1=`;ia WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/18/2014
DATE• Tuesday, March 18, 2014 REFERENCE NO.: **C-26711
LOG NAME: 55AFW RWY EXT UTILITY RELOCATION ATT JDR (00960)
S UBJECT:
Authorize Execution of a Utility Relocation Reimbursement Agreement with Southwestern Bell Telephone
Company d/b/a AT&T Texas in the Amount of $65 350.31 for Relocation of a Cable at John Day Road as
P art 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 Southwestern Bell Telephone Company d/b/a AT&T Texas in the amount of $65,350.31
for relocation of a cable at John Day Road as part of the runway extension project at Fort Worth Alliance
Airport.
DISCUSSION:
It is necessary to relocate all private utility service conflicts located along the new Burlington Northern
S anta Fe (BNSF) Railroad Main Line, currently under construction, in order to construct the runway
extension at Fort Worth Alliance Airport. Southwestern Bell Telephone Company d/b/a AT&T Texas
(AT&T) has a distribution line along John Day Road just north of the City of Haslet that will need to be
relocated.
This Utility Relocation Reimbursement Agreement is required to pay for the relocation of the distribution
line. The distribution line will be relocated by AT&T and then reimbursed by the City for the agreed upon
amount.
Federal Aviation Administration funds 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 10 percent in -kind match.
M/WBE - A waiver for the goal for MBE/SBE subcontracting requirements was requested by the Aviation
Department and approved by the M/WBE Office because the purchase of goods and services is from
sources where subcontracting or supplier opportunities are negligible.
This project is located in COUNCIL DISTRICT 7, Mapsco 6B, 6F and 6K.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Airport Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 539120 055218339700 $65.350.31
Logname: 55AFW RWY EXT UTILITY RELOCATION ATT JUR (00960) Page 1 of 2
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 960 Utility FAR (021714).odf (CFW Internal)
2. ATT DBE Waiver2014.odf (CFW Internal)
3. att JDR MAP Mar2014MnCv2.odf (Public)
4. Grant 218339 avail funds.pdf (CFW Internal)
Fernando Costa (6122)
Bill Welstead (5402)
Ruseena Johnson (5407)
Logname: 55AFW RWY EXT UTILITY RELOCATION ATT JDR (00960) Page 2 of 2