HomeMy WebLinkAboutContract 63754CSC No. 63754
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LETTER OF AGREEMENT FOR CUSTOM WORK
ESTIMATE OF ACTUAL COST GOVERNMENT AGREEMENT
07/23/2025
Customer Name: CITY OF FORT WORTH
Billing Address: 5701 LOVELL AVE, FORT WORTH, TX 76107
Contact Name: VALERIE WASHINGTON
Contact Email: VALERIE.WASHINGTON@FORTWORTHTEXAS.GOV
Contact Phone Number: {817) 307-2794
Project Number: A059668
Work Order ID: CWO-42843
Site Location: 5701 LOVELL AVE, FORT WORTH , TX 76107
AT & T has received a request from you to perform the following work:
THIS JOB WILL BE RELOCATING 5 AERIAL FIBER CABLES TO BURIED TO CLEAR THE WAY FOR A NEW
FIRE STATION UNDER CONSTRUCTION.
Estimated Actual Cost Quote
Engineering Labor $4,901.10
Construction Labor $18,249.06
Contractor Expense $7,317.76
Material Expense $2,937.99
Miscellaneous Expense $0.00
Less Credit/Payments $0.00
Total $33,405.91
Special construction charges apply. Engineering and Construction will not begin until the attached
contract is signed by you or your authorized agent. This signed agreement must be received at the
AT&T address shown below before AT&T will proceed with any work.
This quote is only valid for 60 days from the date of this letter.
Payment in full is required within 30 days after the date of the AT&T invoice for the charges associated
with the work performed.
� AT&T
CUSTOM WORK AGREEMENT
Project Number: A059668
Work Order ID: CWO-42843
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This Custom Work Agreement ("Agreement") is entered into by and between CITY OF FORT WORTH
(Customer). And SOUTHWESTERN BELL TELEPHONE COMPANY (hereafter "AT&T") and hereby agree
to following terms:
Tariffs/Guidebooks. This Agreement is subject to and controlled by the provisions of AT&T's
tariffs/guidebooks as applicable and all such revisions to said documents as may be made from
time to time.
Special Construction. This Agreement is for the special construction as further described on
page 1, attached hereto and incorporated herein by this reference ("Special Construction").
Payment in full based on actual costs is required within thirty days after AT&T issues an invoice
to the Customer for the Special Construction charges.
Price Quote. The price is guaranteed for 60 days from 07/23/2025. If the charges are not
accepted within 60 days the request will be canceled and a new request will need to be placed.
The second estimate may be higher than the price that was originally quoted.
Early Termination. Should Customer terminate or cancel this Agreement prior to the
completion of construction, Customer shall remain liable for the Special Construction Charges.
Customer acknowledges and agrees AT&T shall incur substantial up-front costs in connection
with its performance under this Agreement and that damages in the event of such early
termination or cancellation are not readily ascertainable and that in such event of early
termination payment of the Special Construction charges is reasonable. Customer further
acknowledges and agrees that it hereby waives any right to contest such payment of the
Special Construction Charges for any reason, including, but not limited to reasonableness of the
charges, quality of the work, or timeliness of the work.
Limitation of Liability. AT&T's maximum liability arising in, out of or in any way connected to
this Agreement shall be as set forth in the tariffs and/or guidebooks, as applicable, and in no
event shall exceed Special Construction Charges paid by Customer to AT&T.
�- AT&T
�
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Changes in Scope of Work. The parties recognize that this is an 'Actual Cost' contract. "Actual
Cost" means that Customer will be provided with a final bill after the completion of all work and
agrees to pay that final bill. The final bill will be calculated based on AT&T's billing practices and
work performed, which Customer agrees to accept. Customer understands and agrees that the
final bill for the Actual Cost may exceed the preliminary cost estimate that has been provided
for this work. Consequently, AT&T is not required to provide the Customer with prior notice that
the Actual Cost has exceeded the preliminary cost estimate prior to providing the final bill.
Further, if the Customer initiates changes in the scope of the work after AT&T has provided the
preliminary cost estimate or after executing this contract, the above cost estimate and this
contract are null and void. A new cost estimate must be provided based on the new scope of
work and a new contract entered. Additionally, if the contractor bid exceeds the estimated
contractor costs the applicant will be responsible for additional costs and a change order will be
issued for customer approval. Work will not commence until signed change order and additional
payment has been received.
Changes Due to Field Conditions. In the event there exists any conditions in the field that differ
from those that existed at the time AT&T provided the quote or from the time the Customer
executes the contract, AT&T shall bill and Customer shall pay any additional cost. Field
conditions that may alter the cost associated with this 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 AT&T could
not have reasonably anticipated at the time the cost estimate was provided. Differing field
conditions are but one example of why the Actual Cost may exceed the preliminary cost
estimate. Further, items that Customer has agreed to provide in connection with the Special
Construction work, such as (but not limited to) providing conduit and/or handholes, must be
suitable to AT&T's purposes. If these items are not suitable or AT&T is forced to acquire or
provide them, it will result in increased costs that Customer agrees to pay.
8 Customer Obligations. Customer agrees to provide appropriate easements and/or rights of
way, as determined by AT&T, to AT&T for its lines and any facilities necessary for the Special
Construction work. Further, Customer agrees to provide and place suitable conduit and
handholes for AT&T's use in the Special Construction work. Should Customer not provide these
items, Customer understands and agrees that it will result in increased costs above the
estimate provided, which Customer agrees to pay.
9 Time to Complete. Any representation by AT&T, its contractors, or employees that the project
will be complete by a certain date or certain time period is strictly an estimate and not binding.
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 AT&T's control, Acts of God, weather
delays, labor disputes, contractor disputes, pandemics and other conditions or circumstances
could not reasonably anticipate at the time of the estimate.
�. AT&T
10 Indemnification and Hold Harmless. Both parties, its agents, servants, and employees hereby
agree to indemnify and hold harmless each other, and its employees, agents and contractors,
from and against any and all claims, costs, expenses, judgments or actions for damage to
property or injury or death to persons, and/or arising from or relating to the work that is the
subject of this agreement, to the extent any such claims are caused by the negligent acts or
omissions of each party, its agents, servants, or employees.
11 Miscellaneous.
A. Counterparts. This Agreement may be executed in one or more counterparts, each of which
when so executed shall be deemed to be an original, but all of which when taken together
shall constitute one and the same instrument.
B. Effect of Waiver. No consent or waiver, express or implied shall be deemed a consent to or
waiver of any other breach of the same or any other covenant, condition, or duty.
C. Headinas. The headings, captions, and arrangements used in this Agreement are for
convenience only and shall not affect the interpretation of this Agreement.
D. Interpretation. The parties agree that this Agreement shall not be interpreted in favor or
against either any party. The parties further agree that they entered into this Agreement
after conferring with legal counsel, or after having a reasonable opportunity to confer with
legal counsel.
E. Applicable Law. This Agreement shall be governed and interpreted in accordance with the
laws of the state that the work site location is located without regard to that state conflict
of law principles.
F. Attorneys' Fees. If either party materially breaches this Agreement and should the non-
breaching party seek to enforce it rights through legal action, the prevailing party shall
recover from the other party all costs and expenses incurred, including, but not limited to,
reasonable attorneys' fees.
G. Authoritv. The signatories to this Agreement represent and warrant that they are duly
authorized to execute this Agreement.
H. No Precedent. Except for the matters resolved and released herein, this Agreement is of no
value and shall not be considered precedent for resolving any dispute that may arise in the
future.
Severabilitv. Any provision of this Agreement held by a court of competent jurisdiction to be
invalid or unenforceable shall not impair or invalidate the remainder of this Agreement and
the effect thereof shall be confined to the provision so held to be invalid or unenforceable.
Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of the
parties and their respective successors and assigns.
12 Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL EXPRESSION OF THE
PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. EXCEPT AS PROVIDED HEREIN, THIS
AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES; THERE ARE NO UNWRITTEN ORAL
AGREEMENTS BETWEEN THE PARTIES.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representative on the dates set below. This quote is only valid for 60 days from the date of
this letter.
Project Number: A059668
Work Order ID: CWO-42843
Date Quote Expires: 09/22/2025
AT&T Design Engineer: MICHAEL SMOOT
AT&T Engineer Email: MS1345@att.com
Signature: _ _,Vl=ll4,_/,J_�-'--�---.....,...
V�lerie Washington (Jul 24, 202511:22:54 CDT)
Email: valerie.washington@fortworthtexas.gov
Title: Assistant City Manager
Company: CITY OF FORT WORTH
Signature: JJe,�11Clew Sar11es
De'Angelo Barire:(Jut 24, 2025 12:35:05 CDT)
Email: db7217@att.com
Title: CWO Manager
Company: AT&T
City of Fort Worth, Texas Fire Station No. 16
Standard Agreement for Professional Services 104185
Revision Date: March 8, 2024
Duly executed by each partys designated representative to be effective on the date subscribed
by the Citys designated Assistant City Manager.
BY:
CITY OF FORT WORTH
BY:
CONSULTANT
Valerie Washington
Assistant City Manager
Date:__________________
Southwestern Bell Telephone Company
(AT&T)
DeAngelo Barnes
CWO Manager
Date:____________________________
ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
_________________________________
Marilyn Marvin
Director Property Management
APPROVED AS TO FORM AND LEGALITY
By:
Steve M. Hines
Sr. Assistant City Attorney
M&C No.:____________________
M&C Date:____________________
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: Nikita N. Watts
Title: Sr. Capital Project Officer