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Home My WebLink AboutContract 45502 CITY SEC CONTRAPM .. CONSTRUCTION REIMBURSEMENTAGREEMENT CITY OF FORT WORTH, TEXAS-OLD DENTON AERIAL TO UNDERGROUND THIS AGREEMENT is made and entered into by and between the CITY WORTH, a Texas hone-rule municipal corporation ("City"), by and through its duly authorized assistant city manager, as authorized by the City Council (M'&C L - 0 and ill r ni= Telcom, a OneSource Communlocations with a mailing address of 4800 Keller dicks rid. feller, TX 76244 ("Co ripany"'). WHEREAS, Company owns and operates a Telecommunications Network (the "Facility`") in "arrant County, Texas, said Facility being a part of Keller system and WHEREAS, Cite desires to have all Utility boles removed and associated aerial utilities movedto underground placement, WHEREAS, Company has agreed to provide the Relocation services subject to payment for relocation casts as detailed herein as generally depicted on Exhibit "A"; and WHEREAS, City has agreed to reimburse Company for the costs and expenses for the Enginieering and/or Construction and Feld Services for the Relocation project, estimated at $212,482 as shown on Exhib it attached hereto and made a part hereof; and j I NOW, THEREFORE,, for and in consideration: of the mutual covenants and agreements hereinafter sot forth, it is hereby agreed by and between City,and Company as follows. l RECITALS, The recitals, above, are incorporated into this Agreement insofar as they contain material elements germane to the Parties. l REIMBURSEMENT Y CITY: r A. City agrees, to pre-pay Company $ 12,482,00 al t o 100% It the estimated maximum cost for the Relocation, based on Exhibit A attached hereto. � 1 Should the verified actual cost be greater than the estimated cost, City1` shall remit the difference to Company within thirty (3 ) days of the I, presentation of a statement showing actual costs and support materials. 2. If the actual coat exceeds the estimated cost by more than Fifty Thousand Collars ($50,0010), City" must obtain pity Council authorization for the increased payment amount and shall not he bound to the 30 day parent requirement but shall seek,said approval within a reasonable time B. City reserves the right to review and verify any presented invoice or statement for accuracy. C. Company shall submit to City within 45 da s, "final accounting for all Relocation expenses incurred order this Agreement. Upon verification, City will III 1" remit any retaina e held, lr D. The obligation of the City to make a cost reimbursernert payment un r this Reimbursement Agreement so City of to rt Worth&Mill nniu m Telconi,LL A r,""Cl s ir G i,S° co�q u r IiW%re e; orIa!lly'Nmi �11�m u1 lrY n np(cc,ra n Ole Denton Acrial to Underground OFFICIAL E JI Page 10 4 I ua nm r wa � "• „a I A mgreement does not constitute a general obligation or indebtedness, of City for which the pity 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 land's owned, leased or controlled by City as may be reasonable and/or necessary for Company to perform the Relocation. AUDIT: 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 relating to the Relocation for up to two years after the date Company completes the Relocation., Company agrees to ire derrinify and h id h rm,less the City, its off icers, 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 any or Its agents or arises out of or in connection with the Relocation Services. As a, necessary condition for such indemnity to be enforceable against Company: (1) 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) any 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. I '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. ly Reimbursement Agreement City otTort Worth&MIllennium Telco m,LL C dba,OrieSource Commutiications Old Denton Aerial to Underground ryl Page 2 of 4 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. Millennium Icom, LLC CITY OF' FORT WORTH dba One u I e C rh"m n atlons, a Limited , la flit omp n 10 By: By: 6�,J(W` BTkf�well Fernando Costa VC ic resialent, ()Perations Assistant City Manager Date: w Date.- Redo men ed by., LJ Douglas W. Wiersig Directorj/PW Department a Form and Legality: Doug as I a c k Assistant City Attorney I M&C: '21(411 10, Attpst"., 7 D ate M m 4y J Kayser city Sec: F ()0 010()()() go 4�,1Kr S % 00010000 00 jvl, wa C)RD Reimbursement Agreement 0 F I A VIE C City of Fort Worth&MIllemiluin Telcom,LLB d OneSource Communications Old Denton Aerial to Underground wrF Ir 11 Page 3 of 4 ............... .................... ............... ............... 4 City of Fort Worth, Texas ■ Mayor aCo unication COUNCIL ACTION: Approved on 12/17/2013 DATE: Tuesday,December 17,2013 REFERENCE NO.: **C--26606 LOO NAME. 20OLD DENTON ONESOURCE SUBJECD Authorize Execution of a Reimbursement Agreement and Payment to Millennium-Telcom,LLC dlbla OneSource Communications,in the Amount of$212,482.00 for the Relocation of Approximately 6,600 Feet of overhead wire to Underground Facilities that are Located Along Old Denton Road(COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Reimbursement Agreement and payment to Millennium Telcom,LLC dlbla oneSource Communications,in the amount of$212,482.00 for the relocation of approximately 6,600 feet of overhead wire to underground facilities that are located along Old Denton Road. DISCUSSION: Tax Increment Reinvestment Zone Number 7 (TIF 7)has funded the Old Denton Road project from Heritage Trace Parkway to Golden Triangle Boulevard and has requested the utilities be placed underground. They have agreed to include the cost of that underground relocation work in the scope for which they are providing funds. A Reimbursement Agreement with Millennium.Telcom,LLC dlbla oneSource Communications, is required along with payment in the amount of$212,482.00. The TIF 7 Board of Directors has approved funding for old Denton Road from North Tarrant Parkway to Golden Triangle Boulevard in the amount of$10,400,000.00. This funding source will be utilized to cover the costs associated with the Tri—County Utility Adjustment Agreement. This project is located in COUNCIL DISTRICT 4,Mapsco 21L,21Q, 21U, and 21Y. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 0291 541200 202230 172472 $212,482.00 CERTIFICATIONS: Submitted for City Manager's Office b Fernando Costa (6122) ri Originating Department head: Douglas W.wiersig (7801) Additional Information Contact: Mike Bennett (7910) ATTACHE TS 1. 01 742 FAR-000 14.ndf 2. 20old denton rd t--h +01724 mgp FAR--00014. df 3. 20OLD DENTON RD GT--HTP 01724 MAP. df 4. 0291 01724.docx