HomeMy WebLinkAboutMCI Communications Services, Inc. - Reimbursement AgreementProject No.902I OL
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT ( "Agreement ") is made and entered into this / day of4+ rch, 2013, by
and between MCI COMMUNICATIONS SERVICES, INC., a Delaware corporation ( "MCI "), having an address at 2400
North Glenville Drive, Richardson, Texas 75082, and City of Yakima, a Washington municipal corporation ( "Reimbursor "),
having an address at 129 N. 2nd Street, Yakima, Washington 98901. The signatories to this Agreement shall be referred to
individually as a "Party" and collectively as the "Parties ".
WITNESSETH:
WHEREAS, Reimbursor is constructing, reconstructing, crossing, or otherwise changing a portion of the Burlington
Northern SantaFe Railroad easement or right -of -way at MLK JR BLVD. in Yakima County which requires the protection or
relocation of MCI facilities along, over and/or under said easement or right -of -way;
WHEREAS, as a result of Reimbursor's construction activity, Reimbursor has requested MCI to relocate or protect a
portion of its facilities without cost or risk to MCI; and
WHEREAS, MCI, under the terms hereinafter stated, is willing to undertake such relocation or protection of its
facilities (the "Project ") solely in order to accommodate Reimbursor, provided Reimbursor reimburses MCI for all of its costs,
both direct and indirect, associated with the Project.
NOW THEREFORE, in consideration of the foregoing and of the mutual promises and covenants herein contained,
the Parties agree as follows:
1. Reimbursor agrees that Exhibit A, attached hereto and made a part hereof, represents the scope of work for the
Project.
Reimbursor may, at its own expense, inspect construction MCI performs in connection with the Project.
3. Reimbursor agrees to bear all direct and indirect costs incurred by MCI and relating to any construction by MCI in
connection with the Project, including, but not limited to, labor, materials, construction, damages, administrative overhead,
taxes, travel expenses, legal fees and other reasonable out of pocket expenses. Reimbursor waives any and all delay damage
claims that are reasonably related to the relocation that is the subject of this Agreement, except if caused solely by the gross
negligence or willful misconduct of MCI.
4. The total cost of the Project is estimated to be Two Hundred Thirty-Four Thousand Six Hundred Twenty-Four Dollars
and Fifty Cents ($234,624.50), as detailed in Exhibit B, attached hereto and made a part hereof. Reimbursor acknowledges and
agrees that this amount is an estimate and shall not be construed as limiting the amount MCI is to be reimbursed by Reimbursor
under this Agreement. MCI shall provide written notice to Reimbursor when MCI becomes aware that actual costs will exceed
the estimate by more than ten percent (10 %). MCI may, in its sole discretion, submit to Reimbursor an itemized invoice for
actual Project coasts not more often than monthly. Reimbursor shall pay the full amount billed within thirty (30) days following
receipt of the invoice from MCI.
5. Following completion of the Project, MCI shall make an accounting of final, unpaid, actual costs of the Project and
provide Reimbursor with a copy of the accounting and an itemized invoice therefor. Reimbursor shall pay the full amount
billed within thirty (30) days after receipt of the invoice from MCI.
6. Reimbursor shall perform no work within ten feet (10') on either side of the existing MCI facilities located within the
right -of -way until the Project has been completed.
7. The obligations of MCI are subject to force majeure and MCI shall not be in default of this Agreement if any failure
or delay in performance is caused by strike or other labor problems; accidents; acts of God; fire; flood; adverse weather
conditions; material or facility shortages or unavailability; lack of transportation; the imposition of any governmental codes,
c: \mci \upfront reimbursement \outside plant 07.10.08
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ordinances, laws, rules, regulations or restrictions, including, without limitation, the necessity of obtaining permits or
environmental assessments or environmental approvals; condemnation or the exercise of rights of eminent domain; war, civil
disorder or acts of terrorism; or any other cause beyond the reasonable control of MCI.
8. Reimbursor shall give written notice to MCI at least forty -eight (48) hours, excluding Saturday, Sunday and legal
holidays, in advance of commencement of any work in the immediate permitted area, subject to the limitations set forth in
Paragraph 6. The notice shall be given to those individuals listed on the Contact Sheet of Exhibit A. In the event of an
emergency, Reimbursor shall provide telephonic notice to MCI at 1- 800 - MCI -WORK upon Reimbursor's discovery of the
emergency.
9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding by
and between MCI and Reimbursor pertaining to the Project.
10. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective
successors and assigns.
11. Each Party warrants that it has the full right and authority to enter into this Agreement. All necessary approvals and
authority to enter into this Agreement have been obtained and the person executing this Agreement on behalf of each Party has
the express authority to do so and, in so doing, to bind such Party hereto.
12. Any disputes arising as a result of the performance of this Agreement shall be determined in accord with the laws of
the state of Washington. The venue for any action to enforce or interpret this Agreement shall lie in a court of proper
jurisdiction in Yakima County, Washington.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
CITY OF YAKIMA
B
CZ32
Nat . ony O' ourke
Title: City M nager
Tax ID #: 11-600103
Telephone: (509) 575 -6040
Email address: torourkegyakimawa. og v
Billing Contact: p
Name: Robert Desgrosellier
Address: 129 N. 2nd Street
Yakima, WA 989
Email address: bdeseros(a_ci.yakima.wa.us
CITY CONTRAVNO:�1� _6*) 6
RESOLUTION NO:
c: \mci \upfront reimbursement \outside plant
MCI COMMUNICATIO ICES, INC.
By: /
Na : Marty Her
Title: Group Manager Network Engineering
07.10.08
BACKGROUND
The City of Yakima, Washington is making a grade separation where the BNSF tracks
cross MLK JR Blvd and our Legacy WorldCom LD cable is being affected by this work.
MCI has agreed to relocate this cable to accommodate this construction.
I�
SCOPE OF WORK
I�
Phase 1 — Temporarily relocate in place across MLK JR Blvd
Phase 2 — Go to Sta 29 +80 (approx half way between existing and final track alignment)
-and cross oln'L steel- beam ,provided by City and place split steel conduit- -on beam
Phase 3 — Permanently relocate into 12x12 steel box bean provided by City
CONTACTS
MCINerizonbusiness:
Larry Saunders — Section Manager
2400 N. Glenville Drive
Richardson; TX. 75082
972 - 729 -5908 office
214 - 213 -4770 mobile
larry.saunders(o),verizon.com
City of Yakima:
Robert Desgrosellier
129 N. 2nd Street
Yakima, WA. 98901
509 - 575 -6228 office
-bdesgrosCa)_ci.yakima.wa.us
G
Brad Landis
11311 NE 120Th Street Building W
Kirkland, WA 98034
425 - 636- 6032office
425 - 766 -1740 mobile
brad. landis(a-)-verizon.com
?t
' O
10/10/2012
_
05/13/2013
Eng. Complete:
03/15/2013
OUTSIDE PLANT CONSTRUCTION
05/20/2013
§;n
e-0,
CONTRACTOR UNIT PRICE SCHEDULE:
$209,742.75
COST ESTIMATE (ACTIVE APPROVED)
SPLICING LABOR:
$0.00
03/26/2013
Project/AFE #: 90210L
Revision: 2 Date Prepared:
03/26/2013
Title
YAKIMA, WA BNSF /MLK RELO Engineer:
BRAD LANDIS
Site Code:
YAKJWA Manager:
LARRY SAUNDERS
Investigation #:
null -null City:
YAKIMA
Disposition:
Refund State:
WA
Footage Impact:
250
DESCRIPTION OF WORK
Relocate WorldCom (WC) cable in 2 phases (temp and permanent). 1 st phase, place exist WC cable in temp alignment to avoid construction area of City of Yakima's
general contractor. After The City's contractor has completed the WC cable will be permanently relocated in permanent alignment. Northsky comm will relocate WC
cable. Level 3 is also afected by this project and has retained Northsky to relocate their cable as well. WC and Level 3 shall pay Northsky for only their portion of work.
Both WC and Level 3 are acting independantly of each other on this project and are using Northsky to conduct the work. Both WC and Level 3 will issue independant
PO's to Northsky to procure the work only pertaining to each companies scope. Neither company is liable for the other companies scope, PO's, payments or actions.
SCHEDULE
Eng. Start:
10/10/2012
Const. Start:
05/13/2013
Eng. Complete:
03/15/2013
Const. Complete:
05/20/2013
SUMMARY OF ESTIMATED COSTS
A):
ENGINEERING:
$13,881.75
B):
INSPECTION SERVICES:
$5,000.00
C):
FURNISHED MATERIALS:
$6,000.00
D):
CONTRACTOR UNIT PRICE SCHEDULE:
$209,742.75
E):
SPLICING LABOR:
$0.00
F): TOTAL: $234,624.50
Construction Manager: Date:
OUTSIDE PLANT CONSTRUCTION
COST ESTIMATE (ACTIVE APPROVED)
03/26/2013
Project/AFE #: 90210L YAKIMA, WA BNSF /MLK RELO Revision: 2
C) FURNISHED MATERIALS
REF DESCRIPTION: QTY: U /M: UNIT $: EXT. $:
Handholes 1 ea. 6000.00 $6,000.00
FURNISHED MATERIALS Sub TOTAL: $6,000.00
D) CONTRACTOR UNIT PRICE SCHEDULE
REF DESCRIPTION:
A) ENGINEERING
U /M:
UNIT $:
EXT. $:
Place Manhole
INTERNAL - REF DESCRIPTION:
QTY:
U /M:
UNIT $:
EXT. $:
OSP Engineers
Documentation
CONTRACT - REF DESCRIPTION:
24
8
QTY:
hrs
hrs
U /M:
91.00
91.00
UNIT $:
$2,184.00
$728.00
EXT. $:
Project Management (with inspection) - Metro - >500 3559 ft.
Cable Design - Metro Underground - >2,500 ft 3999 ft.
Railroad Permits 1 ea.
ENGINEERING Sub TOTAL:
1.20
1.05
2500.00
$4,270.80
$4,198.95
$2,500.00
$13,881.75
$77,200.00
permanent relocate (step 3 - all steps)
1
ea.
21100.00
$21,100.00
6) INSPECTION SERVICES
1
ea.
77200.00
$77,200.00
INTERNAL - REF DESCRIPTION:
QTY:
U /M:
UNIT $:
EXT. $:
EXTERNAL - REF DESCRIPTION:
QTY:
U /M:
UNIT $:
EXT. $:
RR Service Provider
5
day(s)
1000.00
$5,000.00
INSPECTION SERVICES Sub TOTAL:
$5,000.00
C) FURNISHED MATERIALS
REF DESCRIPTION: QTY: U /M: UNIT $: EXT. $:
Handholes 1 ea. 6000.00 $6,000.00
FURNISHED MATERIALS Sub TOTAL: $6,000.00
D) CONTRACTOR UNIT PRICE SCHEDULE
REF DESCRIPTION:
QTY:
U /M:
UNIT $:
EXT. $:
Place Manhole
1
ea.
6000.00
$6,000.00
Adjust Active Cable Slack
9257
If
0.75
$6,942.75
expose conduit and relocate (step 2 - all steps)
1
ea.
77200.00
$77,200.00
permanent relocate (step 3 - all steps)
1
ea.
21100.00
$21,100.00
expose conduit and relo (step 2 remaining steps)
1
ea.
77200.00
$77,200.00
10% contingency to cover unforseen events
1
ea.
21300 00
$21,300.00
CONTRACTOR UNIT PRICE SCHEDULE Sub TOTAL:
$209,742.75
OUTSIDE PLANT CONSTRUCTION
COST ESTIMATE (ACTIVE APPROVED)
03/26/2013
Project/AFE #: 90210L YAKIMA, WA BNSF /MLK RELO Revision: 2
E) SPLICING LABOR
REF DESCRIPTION: QTY: U /M: UNIT $: EXT. $:
SPLICING LABOR Sub TOTAL: $0.00
MEMORANDUM
Date: 3/27/13
To: Tony O'Rourke, City Manager
From: Bob Desgrosellier, Senior Engineer
Re: MCl/Verizon Agreement for Fiber Optic relocation
MLK Grade Separation Project, City Project # 1818
We have been working with MCl/Verizon for 8 -9 months but they would not commit with an
agreement until the work method was settled upon by our contractor, Mowat Construction.
That methodology was just recently identified by Mowat which dictated the construction
methods to which the fiber relocation had to respond.
I have been in contact with all parties and the City Attorney has reviewed and approved the
proposed agreement via email.
To provide our bidders flexibility while bidding, and to allow for creative construction and
reflective lower bid pricing at the same time, we did not direct construction methods to the
prime contractor. We believe that doing so made for a less expensive project even though
some of that savings may be eaten up by higher than expected fiber relocation costs.
MCl/Verizon will track their contractors' work and will provide an itemized detail at the end of
their work detailing final amounts. They have included a 10% contingency.
*Please sign the two copies where indicated.
* *After signature, please forward to City Clerk for attest.
** *Then please have the City Clerk return the originals to me so I can submit them, along
with final payment, to BNSF. That submittal is the final condition to get the permit for
the waterline crossing under the BNSF mainline track.
* * *
*When I get an original returned to me with BNSF signatures, I will make a copy for our
files, returning the original to City Clerk for their records.
*****Any questions please see me or Doug Mayo.
There will also be Level -3 fiber optic lines to relocate that will be accomplished
at the same time and by the same contractor performing MCI's relocation. We
do not yet have a proposed contract form Level -3 but an agreement will be
j forthcoming from them as well.
U)