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HomeMy WebLinkAboutRes 2022-12-1339 Purchase Order for Relocation of Overhead Poles and UtilitiesCITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND AT&T, FOR THE REMOVAL OF OVERHEAD LINES AND POLES AND THE INSTALLATION OF UNDERGROUND TELECOMMUNICATION CABLES AS A PART OF THE DOWNTOWN STREET IMPROVEMENTS CAPITAL PROJECT, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is seeking to improve the aesthetic appearance of the downtown area in the City of Anna, Texas; and, WHEREAS, the City has an active capital project known as Downtown Street Improvements, to re -construct 5tn Street, r Street, and Riggins Road surrounding the Municipal Complex property; and, WHEREAS, the City previously worked with Oncor in 2020 to remove overhead power poles on the Anna Municipal Complex site as required for the construction of new facilities; and, WHEREAS, AT&T has provided a detailed cost estimate in a letter of agreement and has agreed to complete the necessary scope of work; and, WHEREAS, the project will be funded through the Non -Bond Capital Project Fund for Street Maintenance as a part of the Downtown Street Improvements Capital Project; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. A. That the funding required is estimated to be $86,721.74, a not to exceed funding amount shall be $100,000, and the funding source shall be Non -Bond Capital Project Street Maintenance Funds. Final funding amount may vary based on actual costs incurred by AT&T and approved by the City. B. That the City Council hereby approves entering into and authorizes the City Manager to execute the letter of agreement identified in Exhibit "A" attached hereto. PMSED AND APPROVED by the City Council of the City of Anna, Texas, on this !' day of kV,t C , 2022. ATTEST: 2 daIlL City Secretary, Carrie L. Land Nate Pike u at&t AT&T Texas APPLICATION and LETTER OF AGREEMENT FOR CONSTRUCTION SERVICES October 28, 2022 BILL TO: City of Anna 3223 N. Powell Pkwy. Anna, TX 75409 CR # 221172 Customer Billing Telephone Number: Special Bill WORK SITE LOCATION: 305 N. Powell Pkwy. Anna, TX 75409 DESCRIPTION OF CONSTRUCTION SERVICES TO BE PERFORMED: This cost estimate is for project to remove aerial fiber/copper cables from Anna City Hall east side block, S Riggins St. from W Sth St to W 7t' St. Includes removal of cables, poles and associated hardware and placement of new fiber/copper cables in conduit along designated easement along west side of S Riggins from W Sth St. to W 7" St. Job will include all new cable placement along with new associated materials and service cut arounds for the existing working circuits. Project also includes removal of poles along W 5th and (1) pole on W 7". LABOR EXPENSE: $82,712.98 (Contractor Labor: $18,045.93 AT&T Labor: $64,667.05 ) MATERIAL EXPENSE: $4,008.76 ESTIMATED CHARGE FOR CONSTRUCTION SERVICES: ESTIMATED COST: $86,721.74 (Actual charges may exceed this estimated cost.) Applicant requests that Southwestern Bell Telephone Company d/b/a AT&T Texas, (hereafter "SWBT") perform the above -described construction services on Applicant's behalf. Applicant agrees to pay the charge(s) indicated above for such services plus applicable taxes. The work is to be done on an "Actual Cost" basis, all charge(s) will be computed in accordance with SWBT's ordinary accounting practices 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. Applicant shall pay for the work on an "Actual Cost" basis. Upon completion of the work, AT&T will compute the actual cost of the work. Any difference between the amount of advance payment and the actual cost will be either paid by the Applicant to AT&T or refunded to the Applicant by AT&T as the case may be. ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 days from October 28, 2022. 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. AT&T Texas at&t PAYMENT Applicant agrees to make an advance payment of $86,721.74 prior to commencement of the work. Charges for construction services and applicable taxes 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 SWBT 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. TAXES Applicant will pay and indemnify SWBT against all sales, use and other taxes (excluding income and franchise taxes), including fees, levies, other similar charges, interest and penalties imposed upon and paid by or assessed on SWBT by reason of its sale and installation of material and provision of construction services under this Application except to the extent a valid tax exemption certificate is provided by Applicant to SWBT prior to the delivery of material and provisioning of construction services. 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 the Custom Work Order Department, 14575 Presidio Square Blvd Rm 111 Houston, TX 77083. 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 SWBT, in writing of the cancellation. Southwestern Bell Telephone Company 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 SWBT, 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. '.H_l1183A U72 If the Applicant cancels the work prior to completion, Applicant must notify SWBT, in writing of said cancellation If Applicant elects to cancel the work prior to completion, Applicant agrees to pay SWBT for the costs it has incurred in starting performance under the contract. If Applicant has made an advance payment, SWBT 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. at&t AT&T Texas CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS 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 SWBT at the time of this agreement, SWBT will be entitled to additional funds and/or additional time to complete the work. Southwestern Bell Telephone Company will request such additional funding and/or additional time through a request for a change order. Conditions that may materially alter the scope of the work and/or the cost associated with the 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 SWBT, could not reasonably anticipate at the time of providing the above referenced price quote to Applicant. Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work, SWBT 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. All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before SWBT 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 SWBT'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 SWBT with responsibility for any alleged delay on the project. NO DAMAGE FOR DELAY Under no circumstances will SWBT be held liable to Applicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this agreement for construction services. TIME TO COMPLETE Any representation by SWBT, 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 SWBT, 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 SWBT's control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that SWBT, its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. �:17TL'7-7Y1cL•%1[O7: Should any dispute arise between the parties concerning the subject matter of this agreement, or any term contained therein, the parties agree that the dispute or claim shall be submitted to binding arbitration before the American Arbitration Association. The parties further agree that the prevailing party in any such dispute will be entitled to recover attorney's fees and costs of arbitration. Texas law governs the application of this agreement and all terms contained therein. `.00 AT&T Texas aw INDEMNIFICATION AND HOLD HARMLESS Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless SWBT, 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 the Applicant, its agents, servants, or employees. 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. 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. ACCEPTED FOR CR# 172 CUSTOMER: Authorized Sig atu , Title or Relationship to mpany or Individual Company: \ Printed Name: Date: ACCEPTED FOR AT&T: Authorized Signature, Title or Relationship to Company or Individual Company: Printed Name: Date: 0 at&t October 28, 2022 RE: CR # 221172 AT&T Texas This letter is regarding your request for Southwestern Bell Telephone Company d/b/a AT&T Texas (hereafter "SWBT") to perform construction services for you. Enclosed please find an Application and Letter of Agreement for Construction Services. This application describes the construction services you have requested along with the associated charges for us to do the work. We require an advance payment on this amount, which is also shown on the application. Both the SIGNED APPLICATION and the ADVANCE PAYMENT, made payable to AT&T, must be received by our office before we can proceed on your behalf with the work. Our mailing address for these documents is listed below: AT&T - CWO Attn: Esmeralda Ceballos 14575 Presidio Square Blvd. Fir. 1 Rm 111 Houston, TX 77083 If you decide not to proceed with this work, please call our business office so that we may cancel your request. As always, please feel free to contact our business office at 888-321-8535 if you have any questions regarding this matter. Please refer to the record number at the top of your application to assist us in locating your file. Sincerely, Esmeralda Ceballos AT&T CWO PROJECT NAME: Downtown Street Improvements Description: 5th Street from SH 5 to Riggins Street; 7th Street from SH 5 to Biggins Street; Interurban Street from 51h Street to 4th Street; These pro*ts are part of the Downtown Improvement Plan, and the Comprehensive Plan may impact the soDpe. 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