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HomeMy WebLinkAboutContract 32225 ITY COR RACT NO . 3� a�S pro CWOTS Record #3326T05 rev.2 4801 Matlock Road, Room B-16 Arlington, TX 76018 Page 1 of 4 APPLICATION FOR CUSTOM WORK June 15,2005(original) CWOTS Record Number: 3326T05 rev. 2 August 8, 2005 (rev. 1) Customer Billing Telephone Number: 817-871-6000 August 11, 2005 (rev. 2) BILL TO: CITY OF FORT WORTH DOE#4144 1000 Throckmorton Fort Worth, TX 76102 WORK SITE LOCATION: Intersection of 7th Street and Carroll Street DESCRIPTION OF CUSTOM WORK: This cost estimate is for labor and materials to adjust existing SBC duct structure and manhole in order to facilitate the placement of 30" sanitary sewer line. It is the position of the City of Ft. Worth that SBC should be obligated to perform this custom work at its own expense. Payment is being made under protest as indicated in the letter dated July 20, 2005, from A. Douglas Rademaker, P.E., Director of the Department of Engineering addressed to Ms. Judith Remington, a copy of which is attached hereto and incorporated herein for all intents and purposes. LABOR EXPENSE: $37,382.00; MATERIAL EXPENSE: $3,000.00; OVERHEAD EXPENSE: $129.71; TARIFF/LICENSE AGREEMENT EXPENSE: $ COST OF MONEY: $492.80 CHARGE FOR CUSTOM WORK: ESTIMATED COST: $41,004.51 (Actual charges may exceed this estimated cost.) Applicant requests that Southwestern Bell Telephone. L.P. perform the above-described custom work. Applicant agrees to pay the charge(s) indicated above for such work. The charge(s) will be computed in accordance with Southwestern Bell Telephone, L.P.'s ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and sundry billings from sub-contractors and suppliers for work and materials related to the job. The Applicant affirms that the cost estimate furnished by the Telephone Company has been considered only as an estimate of approximate costs and that the actual costs incurred by the Telephone Company in doing the work at the particular time and location might be higher. Said estimated cost is subject to change due to any number of factors including, but not limited to, changing conditions in the field, weather delays, or changes in the scope of the work. CHANGE ORDERS Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if conditions exist that could not have been anticipated by Southwestern Bell Telephone, L.P. at the time of this agreement, Southwestern Bell Telephone, L.P. will be entitled to additional funds and/or additional time to complete the work. Southwestern Bell Telephone, L.P. will request such additional funding and/or additional time through a request for a change order. Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work, Southwestern Bell Telephone, L.P. is entitled to seek from Applicant, its agents, servants, or employees, additional funds as necessary to perform the work, and additional time, as necessary to complete the work. Said request for additional funds and/or additional time will be through change order. =. All change orders will be in writing. CWOTS #3326T05 rev. 2 Page 2 of 4 ..ac: All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before Southwestern Bell Telephone, L.P. proceeds to execute the work or, if work has been initiated on the project, continues with executing the work except in an emergency endangering life or property. Applicant, its agents, servants or employees, are deemed to have accepted the terms of any change order by signing where indicated on the change order. Under no circumstances will Southwestern Bell Telephone, L.P.'s request for a change order be deemed or used as evidence of delay on the project. Nor will any change order issued in this project be used to charge Southwestern Bell Telephone, L.P. with responsibility for any alleged delay on the project. NO DAMAGE FOR DELAY Under no circumstances will Southwestern Bell Telephone, L.P. be held liable to Applicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this custom work order. TIME TO COMPLETE Any representation by Southwestern Bell Telephone, L.P., its agents, servants or employees that the project, or any additional work authorized by change order, will be complete by a certain date or certain time period is strictly an estimate and not binding on Southwestern Bell Telephone, L.P., its agents, servants, or employees. 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 Southwestern Bell Telephone, L.P.'s control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone, L.P, its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. PAYMENT Applicant agrees to make an advance payment of$41,004.51 prior to commencement of the work. After work is complete, the City of Fort Worth will either receive a refund if actual costs are less than advance payment or a final invoice with additional charges that are due. Applicable charges for Custom Work will be billed on a special bill separate from the bill that Applicant receives for telephone service. Applicant, its agents, servants, or employees agree to make payment on change orders within thirty (30) days of the date of signature on the change order. Failure to make payment within the designated thirty (30) day time period will operate to cancel the change order and Southwestern Bell Telephone, L.P. will cease all work activity on the project until payment is made. When the Applicant agrees to Interval Billing ", the balance of the Contract Price or Actual Cost (as applicable) will be made in monthly payments. If the Actual Cost made varies from the Estimated Cost, then a correcting adjustment will be made in the last payment. If the parties cannot agree to Interval Billing, Applicant will make an advanced payment as indicated above. "Applicable to orders over $25,000 and work will take 6 or more months to complete. CANCELLATION If the Applicant cancels the work prior to completion, Applicant must notify Southwestern Bell Telephone, L.P., in writing of said cancellation. - CWOTS#3326T05 rev. 2 Page 3 of 4 If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone, L.P. for the costs it has incurred in starting performance under the contract. If Applicant has made an advance payment, Southwestern Bell Telephone L.P. will deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be refunded to Applicant. ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 days from August 11, 2005. If the charges are not accepted within 60 days the order will be cancelled and a new order will need to be placed. The second estimate may be higher than the estimated price set out above. STOP WORK ORDER In the event that Applicant issues a stop work order, or places the project "on hold", at any point during the progress of the work, said stop work order or request to "hold" work must be issued in writing and must be delivered via certified mail, return receipt requested to Bill Mize, 11930 Airline, Rm. 215, Houston, TX 77037. If Applicant issues a stop work order, or a request to "hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein will expire and a new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the contract price quoted in this custom work order. If, after issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must inform Southwestern Bell Telephone, L.P., in writing of the cancellation. Southwestern Bell Telephone, L.P., will deduct any expenses incurred in performing the work from Applicant's advance payment and refund any remaining funds to Applicant. Under no circumstances will Southwestern Bell Telephone, L.P., be responsible to Applicant for any alleged damages or additional expenses incurred by Applicant as a result of a stop work order or an order to"hold"work on the project. CHOICE OF LAW Texas law governs the application of this agreement and all terms contained therein. ll Il n rc„C A�7 CWOTS#3326T05 rev. 2 Page 4 of 4 are ENTIRE AGREEMENT The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements regarding the project that is the subject of this agreement between the parties. If the applicant cancels the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone, L.P. for the costs it has incurred in starting performance under the contract and before being notified to cease only. The price is guaranteed for 60 days from August 11, 2005. If the charges are not accepted within 60 days the order will be cancelled and a new order will need to be placed. The second estimate may be higher than the price that was originally quoted. MODIFICATION & NOTICE Any modification to this agreement must be made in writing and signed by both parties. Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in writing and serving said writing via certified mail, return receipt requested. nA E TE FO CUSTOMER: ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE, L.P.: Authorized $ignature, -le or - Title: Man er- Operations Control RelaWlAp Company or Individual Barry Bensmiller Assistant Cltv Mana er Company: C ,r'� „i .r G 7. ►T Printed Name. �r Date: Date: August 11, 2005 R[arty Hendr' e � . Citv Secretary ROVE 0 FORM E As ntCity Contract Authorizatioa Date �1i+� W J? FORT WORTH July 20, 2005 Ms. Judith Remington Southwestern Bell Telephone, L.P. CWOTS Department 4801 Matlock Rd, Room B-16 Arlington, Texas 76018 SUBJECT: RELOCATION OF SBC FACILITIES SANITARY SEWER REHABILITATION CONTRACT LXVII (67) PART 1 7T"STREET/CARROLL STREET INTERSECTION CWOTS RECORD#3326T05 Dear Ms. Remington, The City of Fort Worth ("City") has received an Application and Letter of Agency for Custom Work from Southwestern Bell ("SBC") for the above referenced project. Please be advised that SBC previously gave the City utility clearance for this project per your response letter dated 3/28/2005. Subsequently, SBC advised the City that SBC has facilities that are in conflict with the proposed City improvements. You have further advised the City that you will not relocate your facilities without payment in advance for the expense of such relocation. The Office of the City Attorney has advised the Department of Engineering that the City can require SBC, at its sole cost and expense, to take the necessary steps to eliminate the conflict between SBC facilities and the City's project as a proper exercise of the police powers of a municipality to control its rights-of-way by operation of Sec. 283.056(c), Texas Local Government Code. Notwithstanding the above, we agree to reimburse SBC the amount of$41,004.51, representing the cost to relocate SBC facilities from the right-of-way. This agreement is being made under protest and without waiver of any rights the City has to require SBC, at its sole cost and expense, to relocate its facilities or to seek to recover its payment made herein under protest. Sincerely, A.Douglas Rademaker, P.E. Director, Department of Engineering Cc: Gary Kerr, SBC Jim Winfrey, SBC Marc A. Ott, Assistant City Manager Amy Ramsey, Assistant City Attomey Rick Trice, P.E., Assistant Director, DOE Kevin Bruton, Utility Coordinator, DOE Liam Conlon, Project Manager, DOE is A Project File ENGINEERING DEPARTMENT u6g THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311 817-392-7941 * Fax 817-392-7854 C.,Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/19/2005 - Ordinance No. 16507-07-2005 DATE: Tuesday, July 19, 2005 LOG NAME: 30LXVII 67 PT1 REFERENCE NO.: **G-14857 SUBJECT: Adopt Appropriation Ordinance and Authorize a Payment under Protest to Southwestern Bell for Relocation of Facilities Located at 7th Street/Carroll Street Intersection — Sanitary Sewer Rehabilitation Contract LXVII (67) Part 1 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $41,004.51 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund in the amount of$41,004.51; 2. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of$41,004.51 from available funds; and 3. Authorize payment under protest in the amount of $41,004.51 to Southwestern Bell for the relocation of its conflicting utility located at the 7th Street/Carroll Street intersection. DISCUSSION: During construction of a 30-inch diameter sanitary sewer main to provide wastewater services to the outlying drainage basin including the Montgomery Ward Redevelopment, a fiber optic duct bank owned by Southwestern Bell (SBC) was determined to be in direct conflict with the proposed sewer main. In order to install the sanitary sewer main at the proposed grade, SBC's facility must be relocated. SBC has requested payment in the amount of$41,004.51 to relocate the duct bank. Staff is of the opinion that the City should not have to pay for the relocation of this facility for two reasons. First, SBC had previously granted utility clearance for the project. Second, the City Attorney's Office contends that the City can require SBC, at its sole cost and expense, to take the necessary steps to eliminate the conflicts between SBC facilities and the City's project as a proper exercise of the police powers of a municipality to control its rights-of-way by operation of Texas Local Government Code Section 283.056(c). However, in order to avoid delay on the project, staff recommends that the City pay the amount requested by SBC. Staff will inform SBC that the payment will be made under protest and without waiver of any rights the City has to seek reimbursement of the $41,004.51. This project is located in COUNCIL DISTRICT 9, Mapsco 76B. Logname: 30LXVII 67 PTI Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1, and the adoption of the appropriation ordinance, funds will be available in the current capital budgets, as appropriated of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers !U2 472045 070580175790 $41,004.51 1)PE45 538070 0709020 $41,004.51 2) PS58 539120 070580175790 $41,004.51 3)PS58 539120 070580175790 $41.004.51 Submitted for City Manager's Office bk Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Logname: 30LXVII 67 PTI Page 2 of 2