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HomeMy WebLinkAbout065689 - Construction-Related - Contract - Charter Communications Holdings LLCCSC No. 65689 CONSTRUCTION UTILITY AGREEMENT CITY OF FORT WORTH, TEXAS — Everman Parkway Extension 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 Charter Communications Holdings LLC, authorized to do business in Texas ("Company"). WITNESSETH: WHEREAS, Company owns and operates fiber and telecommunications infrastructure (the "Facility") in Tarrant County, Texas; and WHEREAS, City is constructing the Everman Parkway Extension ("Project") and has requested that Company install, adjust and/or take protective action on a portion of its Facility in conflict with the Project (the "Relocation"); and WHEREAS, Company has agreed to provide the Relocation subject to payment for costs, estimated at $12,591.35, as generally depicted on Attachment "A" attached hereto and made a part hereof; and WHEREAS, City has agreed to pay Company for the Relocation costs and expenses shown on Attachment "A"; 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 $12,591.35, the estimated cost for the Relocation, based on Attachment A, prior to construction of the Relocation and if the actual costs incurred by Company exceed the estimated cost for the Relocation, City agrees to pay such difference to Company within 30 days after receipt of an invoice for such costs. 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. OFFICIAL RECORD Utility Agreement CITY SECRETARY City of Fort Worth & Charter Communications Holdings FT. WORTH, TX LLC Relocations Pagel of 4 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 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 claims and costs resulting from the negligent activities of Company employees, agents and/or contractors in connection with 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 third -party claims resulting from loss of life or damage or injury to persons or property directly resulting from the work performed by Company in connection with the Relocation to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents. 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. TERMINATION: This Agreement shall terminate upon the later of the completion date of the Relocation or the date of payment of any final reimbursement by the City. The audit rights and indemnification obligations described herein shall survive termination for a period of two years after the completion date of the Relocation. 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 Utility Agreement City of Fort Worth & Charter Communications Holdings LLC Relocations Page 2 of 4 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 08/12/2026 Recommended by: Lauren Prieur (Jul 31, 2026 12:22:42 CDT) Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: Douglas Black (Aug 3, 2026 13:24:27 CDT) Douglas W. Black Assistant City Attorney Charter Communications Holdings LLC Cho( WGtiolofen Chad Whidden (Jul 24.. 2026 14:13:16 CDT) Chad Whidden Construction Manager Date: 07/24/2026 4.Dg4UUnnIl ��Rr�aao ate° °9d M&C: NA Piaa*aoAttest: odfl° 000p �>laanga Date: L 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: Lissette Acevedo Title: Senior Capital Projects Officer OFFICIAL RECORD Utility Agreement City of Fort Worth & Charter Communications Holdings CITY SECRETARY LLC Relocations FT. WORTH, TX Page 3 of 4 Attachment A Charter Spectrum► COSTESTIMATE TO.- Fanta Kaba fanta.kaba(-fortworthtexas.CIO Ph*er7• FR Everman Pkwy road e:tenson 273 W EVERMAN PKWY Fort Worth, TX 76134 Date Tuesday. May 26. 2026 DESCRIPTION QUANTITY COST Total The Scope of work: relo were we will be relocating fiber 288 count from aerial to underground for 262'. For road project. Labor $ 9,544.00 Materials $ 3,047.35 NOTE: PLEASE READ BELOW Total $ 12,591.35 Comments: If you are okay with this cost estimate please sign and date. Return to Thomas Sonnier. A Invoice will be prepared and sent to you via email. When you receive the invoice only then you can pay for the project If the billing information needs correcting please do so on this form. Pleased be advised that no work will be started untill the invoice is paid. TerrTu Upon Recapt Thomas Sonnier 817-205-9097 cell 06/08/2026 Thom as. SonnierC-charter_com contact # 817 205-90977 Utility Agreement City of Fort Worth & Charter Communications Holdings LLC Relocations Page 4 of 4 103271-Utility Agreement with Charter Communications Holdings LLC, for the 103271: Everman Pkwy Extension Project Interim Agreement Report Created: 2026-07-24 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Out for Filling Transaction ID: CBJCHBCAABAAZYONsOjJmNTF8kGMu9nAebEcGiayZ98N Agreement History 2026-07-24 Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete. "103271-Utility Agreement with Charter Communications Holdin gs LLC, for the 103271: Everman Pkwy Extension Project" Histo ry Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2026-07-24 - 2:35:02 PM GMT- IP address: 204.10.90.100 `'. Document emailed to Fanta Kaba (fanta.kaba@fortworthtexas.gov) for filling 2026-07-24 - 2:46:43 PM GMT Email viewed by Fanta Kaba (fanta.kaba@fortworthtexas.gov) 2026-07-24 - 2:47:27 PM GMT- IP address: 104.47.65.254 G:`w. Form filled by Fanta Kaba (fanta.kaba@fortworthtexas.gov) Form filling Date: 2026-07-24 - 2:47:57 PM GMT - Time Source: server- IP address: 204.10.90.100 - Signature Appearance Selected: TYPE Document emailed to Alexandra Ripley (alexandra.ripley@fortworthtexas.gov) for filling 2026-07-24 - 2:48:01 PM GMT ,l Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) added alternate signer Chad.Whidden@spectrum.com. The original signer chad.whidden@charter.com can still sign. 2026-07-24 - 2:51:15 PM GMT- IP address: 204.10.90.100 FoRTWORTH. I P"""edby Adobe AcrobatSign DOCUMENT TITLE: M&C: N/A FORT WORM, Routing and Transmittal Slip Transportation & Public Works Department Utility Agreement with Charter Communications Holdings LLC, for the 103271: Everman Pkwy Extension Project CPN: 103271 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Fanta Kaba, Project Manager TPW TAB FK 07/24/2026 2. Alexandra Ripley TPW b�e- 07/24/2026 3. Chad Whidden, Vendor Vendor W 07/24/2026 4. Sophia Flores TPWt 07/24/2026 5. Lissette Acevedo TPW A 07/31 /2026 6. Lauren Prieur TPW xxv Pf1eUf 07/31 /2026 7. Doug Black Legal 4— Dou las Black 08/03/2026 8. Jesica McEachern CMO 08/12/2026 9. Jannette Goodall CSO e" 08/17/2026 10. TPW Contracts TPW CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ❑YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(afortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! F0 RT WO RT H City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Charter Communications Holdings LLC Subject of the Agreement: City is constructing the Everman Parkway Extension ("Project") and has requested that Company install, adjust and/or take protective action on a portion of its Facility in conflict with the Project (the "Relocation") M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 103271 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.