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Home My WebLink AboutContract 62334CONSTRUCTION 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 B" 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 "C" 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 $43,307.10 as shown on Attachment "C"; 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 $43,307.10, the estimated cost for the Relocation, based on Attachment C; 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 A-13 Relocations CITY SECRETARY Page 1 of 6 FT. WORTH, TX 31197967v.2 CSC No. 62334 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 A-B Relocations Page 2 of 6 31197967v.2 CSC No. 62334 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`lghdoff clin'd W&'�)dNV Dana Burghdoff (Nov Z6, 2024 09:30 CST) Chad Whidden (Nov 18, 2024 14:30 CST) Dana Burghdoff Chad Whidden Assistant City Manager Construction Manager Date: 11 /20/2024 Date: Recommended by: I— .n. Lauren Prieur (Nov 19, 2024 08:45 CST) Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: 499� Douglas Black (Nov 18, 202416:53 CST) Douglas W. Black Assistant City Attorney �p4aonpb FORTo9o, o vl.0 �� *0-1�* ° N/A Attest: M&C: d�n4° nEopSapp� 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: Senior Capital Projects Officer Reimbursement Agreement OFFICIAL RECORD City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. CITY SECRETARY Segment A-13 Relocations FT. WORTH, TX Page 3 of 6 31197967v.2 CSC No. 62334 ATTACHMENT A Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. Segment A-B Relocations Page 4 of 6 31 197967v.2 CSC No. 62334 ATTACHMENT B 5 a J I� r � 4t.1� ,= ✓ �f , fi �«AL ATTACHMENT C Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. Segment A-B Relocations Page 5 of 6 4 1 Nc �L 31 197967v.2 CSC No. 62334 Job Cost Estimate Total Cost : $43,3;7.10 1019573 - CONN 625 PIN 3PC P3 � UC vF 110 1010035 -LUBRICANT PULL CNDT 1 GI".LLON 61CA � UB �✓ 12 I1010006 - TAPE FULL 30-30'X 1600# LB UC v I1 I1009942 - CONDLIT 2' SDR 13.5 TONEABLE RIB 1100#R *0 [1009653 - CABLE 625 FLDED UG UC r 13500 11019553 - WIRE LASP III G 045M2 X 1200r � 12 AC �► INS003_- Non -Standard Bid Iterns 175000 AF .► INS0-33_- Non -Standard Bid Items 1200000 AS06_ - Cver Lash Coax Cable AC ► 11080 IAS02_ - Place New Strand � AC +++ 1117 UC r IUS09_- directional Bare -New UG Cond { 2i to 36d � 1475 UC �► IU303_-Place Each Coax Cable n Ernpty Duct � 12260 �UC11_- Composite UG Splicing with Activa- cn � UC �r 13482 INS005_- Materials and Fees Pass-t9rough UC 120000 AC JAS24_ - DelRelash & Drop Splice Caseflber for �8 IMC05_- Perform Engineering Survey � 13462 UC *- I Reimbursement Agreement City of Fort Worth & Spectrum Gulf Coast LLC / Charter Communications, Inc. Segment A-B Relocations Page 6 of 6 16M2 15.55 16M2 [30.32 j 16M2 1282.95 1 BM2 10.9054 1 GM2 10.5927 16MI 121.0236 16L2 C0.01 15L1 10.01 16L1 10.75 16L1 10.53 1 BL2 112.5 16L2 10.9 16L2 [0.7 16L2 [1.1 16L1 [125 15L3 [0.95 31197967v.2