The URL can be used to link to this page

Home My WebLink AboutContract 62333CSC No. 62333 CONSTRUCTION REIMBURSEMENT AGREEMENT CITY OF FORT WORTH, TEXAS — Central City Flood Control Project 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, and Spectrum Gulf Coast, LLC, authorized to do business in Texas ("Company"). WITNESSETH: WHEREAS, Company owns and operates a Cable/Fiber Communications line (the "Facility") in Tarrant County, Texas; and WHEREAS, City is participating in the Central City Flood Control Project ("Project') as depicted on Attachment "A" and City has requested that Company reroute, adjust and/or take protective action on a portion of the Facility (the "Relocation"); and WHEREAS, Company has agreed to provide the Relocation subject to payment for relocation costs as detailed herein as generally depicted on Attachment "B" attached hereto and made a part hereof; and WHEREAS, City has agreed to reimburse Company for the costs and expenses for the Construction of the Relocation, estimated at $62,836.69 as shown on Attachment "B"; 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 $62,836.69, the estimated cost for the Relocation, based on Attachment B; and if the actual costs exceed the estimated cost for the Relocation, City agrees to pay such difference to Company. B. 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: Where required for a valid City purpose, City shall have the right, upon reasonable notice and during normal business hours, to audit and obtain copies of the books, records, and Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. OFFICIAL RECORD Segment D Relocations CITY SECRETARY Page 1 of 5 FT. WORTH, TX 31197967v.2 C10014a0 oxw4cyyc] accounts of Company directly relating to the Relocation for up to two years after the date Company completes the Relocation. Company shall have the right to place reasonable confidentiality restrictions on any information or documents obtained by City. COMPANY LIABILITY AND INDEMNIFICATION: 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. 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 loss 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. 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. 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. SIGNATURE PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. Segment D Relocations Page 2 of 5 31197967v.2 CSC No. 62333 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH Spectrum Gulf Coast, LLC, by its Manager, Charter Communications, Inc. Dana Bu`lghdoAc ciald W&V,)&Kl Dana Burghdoff (Novi, 2024 09:31 CST) Chad Whidden (Nov 18, 2024 14:29 CST) Dana Burghdoff Chad Whidden Assistant City Manager Construction Manager Date: Date: 11 /18/2024 Recommended by: /�r�,_ Lauren Prieur (Nov 19, 2024 08:45 CST) Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: 49&C Douglas Black (Nov 18, 2024 16:52 CST) Douglas W. Black Assistant City Attorney gpovOV4�� „AppF F�RT�Y�d ' ° Attest: cam° o 0�0 o=d M&C: None 11 /J $ PAP 4 aEa.00.- Date: 11 /20/2024 Jannette Goodall City Secretary Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Clair C. Davis Title: S ' r Capital Projects Officer Reimbursement Agreement OFFICIAL RECORD City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. CITY SECRETARY Segment D Relocations FT. WORTH, TX Page 3 of 5 31197967v.2 CSC No. 62333 ATTACHMENT A o eGoods ♦ Mic ads Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. Segment D Relocations Page 4 of 5 31 197967v.2 M M0rew:�+AYY] ATTACHMENT B Job Cost Estimate Total Cost : $62,836.69 I1033209 - VAULT 17X3DX24 HDPE BODY & SHIELD LID Ill 009997 - ROD GROUND - 518" X 8' UL 1057746 - NODE 1.2GHZ DEEPLID 0M4 42154MHZ 1X7 HFC 1014267 - FBR 144CT ENH ALTOS LTARM GEL FREE LT Ill009653 - CABLE 625 FLDED UG 111019573 - CONN 625 PIN 3PC P3 II1010006 - TAPE PULL 3000' X 18009E LB Ill 018050 - PWSP BASE MOUNTING 1009000 - ENCL GRNDMT 3 BATT 120 VAC 20 AMP 1054752 - PWSP XM3 18A 12DVIN D3.1 SAG SFP WfAPPS+ I� 1010001 - SW E E P PVC 2x36X90 SCH40 U L 1041574 - PED 14X2DX34 UPRIGHT L01 SLEFLIC LT GRN 1019966 - PED 12X12 O PTIMUS WIL01 P-KEY LOCK LT OR 1017999 - BATTERY GEL 220 MIN 5 YR WRTY IFS04_-Splice Fiber Optic Cable, 97-288 Fibers IIFS10_- OTDR Test and Document, Single Direction IAS27 - Delash Cable IIAS20_ - Wreck Out All Strand and Cable IIASOB_ - Place EachAddl Fiber CbIA504 and AS07 IIAS07_ - Over Lash Fiber Cable IIAS06_ - Over Lash Coax Cable IU528_ - Proof and Place IU509A_- Directional Bore -New UG Cond = 41 to 3&d IU506_ - Place Each Fiber Cable in Occupied Duct IU503- Place Each Coax Cable in Empty Duct IU C 11 _ - Composite UG Splicing with Activation IM C05_ - Perform Engineering Survey IIAS25_ - Lash Splice Case or Fiber Storage IIAS24_ - DeJRelash & Drop Splice CaselFiberSter IFS16_-Install New Splice Enclosure IMC09- Service Method or Procedure (SMOP) Work IN5003-Non-Standard Bid Items NSODS_ - M ate ria Is a nd Fees Pass-thro ugh U514_ - Place ConcretelHeavy Vault to 48x24x24 U517_ - I ntercept Co ndu it, Over Set Vault or Ped U522_ - I nstall Grou nd Mou nted Power 5 upply IU524_- Dig, Repair Damaged Conduit 48iorLess IAS14_ - Install New Riser andror Guard IAS21_ - Wreck Out Pole Mounted Power Supply DF v I 15 117M7 1316.02 I AC v 10 17MI 2fi78 OF -I laml 2541.08 AC v 150D0 16111011 0 9314 AC v 48D0 16M7 D 5868 UC v 100 16M2 5 55 AC v 16M7 282.95 AC v 18M7 316.01 AC v 16M7 602.92 AC v 1� 18M7 1905 71 UC v 16M2 3378 UC v 17MI 2fi2.25 UC v 0 17M1 198.1fi UC v 18M7 171.03 $1,580.10 $267.30 $2,501.08 $4,657.00 $2,816.64 $555.00 $565.90 $316.01 $602.92 $1,905.71 567.56 $524.50 $594.48 $513.09 AF v 288 15L1 22 $6,336.00 0 AF v 22 15L1 14 $303.00 AC v 4800 16L1 Od5 $2,160.00 �X AC v 48D0 16L1 03 $1,440.00 �X AF v 29fi0 15L1 0 35 $1,06.00 AF v 1480 15L1 082 $1,213.60 AC v 1480 16L1 075 $1,110.00 C � 19 1 1612 0 9 $1,710.00 CC � 188= 161_2 14 $2,632.00 OF v 199= 151_2 115 $2,283.50 UC v 199= 161_2 09 $1,791.00 UC v1 i1990 161_2 07 $1,393.00 �X AF v 4(124 15L3 0 95 $3,822.30 �X AF v 0 1511 10D $200.00 �X AF v 0 15L7 125 $625.00 OF v 151_2 188 $376.00 AC v 16L1 201 $201.00 OF v 1100000 151_2 001 $11,D00.00 OF v 2750 151_2 11 $3,D25.00 UC v 1612 230 $460.00 OF v 151_2 250 $500.00 UC v 161_2 1050 $1,D50.00 �X u v 0 1512 235 $470.00 �X AC v 0 16L1 37 $111.00 �X AC v 18L7 110 $110.00 Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. Segment D Relocations Page 5 of 5 31197967v.2