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Home My WebLink AboutRES 10-143 RESOLUTION NO. 10-143 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Relocation Agreement with Qwest Communication Company, LLC, for the relocation of a fiber optic communication line within the limits of the Calder Street Project. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of May, 2010. - Mayor Becky Ames - RELOCATION AGREEMENT THIS RELOCATION AGREEMENT ("Agreement'), is made and entered into as of the day of , 2010, by and between the City of Beaumont,Texas, having an office at , hereinafter referred to as the"Agency" and Qwest Communications Company,LLC, having an office at 1801 California Street, Floor 26, Denver, Colorado 80202,hereinafter referred to as the"Company." WITNESSETH: WHEREAS, Company owns and operates a communications conduit system(the "Facilities") along and upon the right of way at the location construction of Calder Avenue Sewer more fully described in Exhibit A. which is attached hereto and incorporated herein by this reference(the"Right Of Way"); and WHEREAS, other communications companies (the "Cooperating Carriers") also have interests in communications conduit systems along and upon the Right of Way; and WHEREAS, the Agency is preparing plans, specifications and estimates of costs of constructing its own facilities in the Right Of Way, and has determined that the facilities of Company and the other communications companies must be relocated to accommodate the construction activities of Agency; and WHEREAS, Company and the Cooperating Carriers will enter into a Joint Relocation Agreement whereby Company has been authorized to act as the lead carrier to coordinate relocation and to secure reimbursement from the Agency for relocation of facilities for the cost Company incurs for relocation of facilities; and WHEREAS, Company and Agency have reached an agreement for reimbursement of the costs of such relocation that will separately be incurred by Company("Exhibit B,Estimate of Relocation Cost'). NOW, THEREFORE, in consideration of the foregoing, and for other good and sufficient consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and between the parties as follows: 1. The Company shall relocate the communications conduit systems owned by Company and the Cooperating Carriers (collectively the "Carrier Facilities") in the Right Of Way. A substitute location for the communications facilities, and the materials and methods used in the relocation, are subject to the prior review and approval by Owner. The Company shall not perform any construction until authorized in writing by both the Agency and the owner of the Right Of Way(the "Owner", Burlington Northern Santa Fe Railroad.). EXHIBIT "A" hAtori\agreement\relo_gov 2. The Company will notify Agency's Project Engineer by telephone at least twenty-four(24)hours before beginning any work covered by this Agreement. 3. Agency's Project Engineer shall keep a daily record of all work performed. Such daily record shall be maintained in duplicate, and shall be signed by Agency's Project Engineer and Company's authorized representative. 4. Agency shall reimburse Company for all costs incurred by Company in relocating the Carrier Facilities. A non-binding estimate of the costs to be incurred is set forth in Exhibit B, which is attached hereto and incorporated herein by this reference. Before authorizing any additional charge in excess of the $183,063.03, Company shall obtain the written consent from Agency, which shall not be unreasonably withheld. Company shall have the right to approve charges which are equal to or less than the foregoing amounts to the extent that Company reasonably deems such changes to be necessary, including, without limitation, changes required to comply with applicable local, state or federal laws, rules or regulations. 5. Company will make its contractor aware of the need for the Company to coordinate performance of the work with the Agency. Agency acknowledges that Company's construction schedule, flagging, protection and right of entry is controlled by the Owner and denial of access to the right of way for performance of such work by Owner shall be deemed an event of"force majeure." 6. The Company shall submit itemized bills covering the actual costs incurred for performing the work covered herein, together with supporting documentation. Agency agrees to pay the full amount within forty-five days following receipt of each bill. 7. If any action is brought to enforce the terms of this Agreement, whether in arbitration or in litigation, the prevailing party shall be entitled to recover its reasonable attorney fees and costs of such action, in addition any other remedy to which it may be entitled. 8. All disputes arising out of or related to this Agreement shall be determined and resolved by arbitration in Beaumont, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA"). The arbitrators shall be appointed in accordance with the rules then prevailing of the AAA. 2 h:\tori\agreement\re1o_gov 9. This Agreement constitutes the entire agreement of the parties with respect to the subject matters hereof, and supersedes any and all prior negotiations,understanding and agreements with respect hereto, whether oral or written. Qwest Communications Company, LLC City of Beaumont, Texas By: By: Name: Name: Title: Title: Date: Date: 3 h:\tori\agreement\relo_gov EXHIBIT A DESCRIPTION OF THE RIGHT OF WAY The City of Beaumont is upgrading Calder Avenue Sewer system in Beaumont, Texas. Qwest proposes to directional bore Qwest system along Texas Department of Transportation along HI-10 frontage road. Qwest proposes a new bore from Qwest Sta. # 298+00 to Sta. #463+30 replacing the (4) 1.5" conduits. Qwest also proposes to place a split handhole on the west end of bore to capture the existing duct, tie into the existing handhole on the east side of the bore and pull new fiber from the splice point at sta. # 260+54 near Hollywood Ave over to splice oint at Sta.#463+30 on Pine Street. A& 4 s 't Y. 4 hAtorAagreement\relo_gov EXHIBIT B NON-BINDING ESTIMATE OF RELOCATION COSTS This estimate is based upon the prices of materials and labor current as of the date of said estimate. The estimate does not account for increases due to unknown and unforeseen circumstances in accomplishing the work or increases in materials or labor after the date of this estimates. Reimbursement shall not be limited by this non-binding estimate: NON-BINDING COST ESTIMATE 05/04/10 Project Name Calder Ave.Storm Sewer Project Project Location Seaumont,Tx Estimated Cost Detail of OSP FOC and Splicing Quantity uoM cast Material Cost(Owest Supplied) OSP Materials 0.00 Splice Materials 500.00 Fiber Optic Cade(FOC) 23,000 U 68,000.00 Total Material Cost(Owest) 69 500.00 Shipping on Materials&FOC Shipping 890 mi 1,201.50 Total Shi Pping Cost 1,201.50 Taxes on Materials&FOC Taxes on Materials and FOC 5,212.50 Total Tax Cost 5,212.50 External Labor Costs External OSP Construction Costs(Labor&All Remaining Materials) 54,465.60 External Splicing Costs 24.465.15 Engineering Contractor If 12,710.00 Inspection Services/Redlines days 3.735.00 Total External Costs 95,375.75 Other Fees Including Permit&Right of Way Costs Railroad ROW fees 0.00 Private ROW fees 0.00 Miscellaneous ROW fees 0.00 Splicing 0.00 0 0.00 0 0.00 0 0.00 0 0.00 Total Other Fees 0.00 Internal Labor&Flagging Costs Field Support Construction 60 hm 4,681.20 Field Operations Construction Support hm 0.00 Field Support Engineering&Permitting hm 0.00 Field Support Splicing(torn SFP) 24 hm 1,872.48 Field Operations Splicing Support(from SFP) 24 hm 1,286.40 Testing&Acceptance Support(from SFP) hm 0.00 Fiber Planning hm 0.00 Project Analysts 16 hm 1,357.60 Optical Fiber Management(OFM) 8 hm 678.80 CAD 24 hm 1,218.00 Fiberbase 8 hm 678.80 Fiber Leasing/Contracts hm 0,00 Railroad Flagging days 0.00 Total Internal Support&Flaming Costs 11 773.28 Total Estimated Construction Cost 183,063.03 TOTAL ESTIMATED COST TO AGENCY IS $183,063.03 5 hAtorAagreement\relo_gov