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RES 1999-1239 - Agmt with MCI Telecommunications Corporation to relocate cabgles for replacement of Dahlman Ave bridge at A St , 4 -,,,ee...)s-. 1 r DNIAHA,N�,B /2„ /A7 6� , RECEIVED Public Works Department z ��'`%'!`r tri y 3 pp E '" Omaha/Douglas Civic Center 07 11 r "',) r r t' �}�j 1819 Famam Street,Suite 601 ` F`b May 1 1 , 1999 °' .. Omaha,Nebraska 68183-0601 pA ry. C . � }y i (402)444-5220 ORT1D FEBRVr�; OMAHA, NEBRASKA Telefax(402)444-5248 City of Omaha Don W.Elliott,P.E. Hal Daub,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Reimbursement Agreement with MCI Telecommunications Corporation to relocate conduit and fiber optics cables which they have in easements,to allow the replacement of the Dahlman Avenue bridge at approximately "A" Street, a project which was previously approved by the City Council by Resolution No. 1629 on June 16, 1998. MCI agrees to relocate the necessary equipment for an estimated$46,596.66. The City will take the lead in the project and will be reimbursed by the State for 80% of the actual cost. The local share, which is the responsibility of the City, is estimated to be$9,319.33. The Public Works Department recommends that bidding procedures be waived in accordance with Section 5.16 of the Home Rule Charter of 1956 for unique or single-source items. The Finance Department is authorized to pay the cost in the amount of$46,596.66 from the 1996 Street and Highway Bond, Organization 1509, Fund 341. The Public Works Department requests your consideration and approval of the attached Resolution and Reimbursement Agreement. Respectfully submitted, Referred to City Council for Consideration: n j.� 9 3a Don W. Elliott, P.E. Date Mayor's Office/ itle Date Director A oved: 7 • , -Th K2,, Louis A. D'Ercole 0 D ate Finance Director P:\PW 1\9112.SKZ REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT "Agreement") is made and entered into and effective this /37 day of , 199j , by and between MCI, TELECOMMUNICATIONS CORPORATI N, a Delaware corporation (herein "MCI"), having a mailing address at 2250 Lakes de Boulevard, Richardson, Texas 75082, and CITY OF OMAHA, NEBRASKA, a municipal corporation (herein "Reimbursor"), having a mailing address at 1819 Farnam Street, Omaha, Nebraska 68183. WITNESSETH: WHEREAS, Reimbursor is constructing, reconstructing, crossing, or otherwise changing a portion of the Dahlman Avenue Bridge and Roadway over Union Pacific Railroad easement or right-of-way in Douglas County, Omaha, Nebraska which requires the protection or relocation of MCI facilities along, over and/or under said easement or right-of- way; and 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 (herein 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 r promises and mutual covenants h in herein contained, MCI hereby agrees to undertake the Project in accordance with the attached Exhibit A, subject to the following terms and provisions: 1. Reimbursor agrees that Exhibit A represents the scope of work for the Project. 2. Reimbursor may, at its own expense, inspect construction performed by MCI in connection with the Project. 3. As provided in paragraph 4., 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 expense, legal fees and other reasonable out of pocket expenses. Reimbursor waives any and all delay damage claims, except if caused solely by the gross negligence or willful misconduct of MCI. 4. The total cost of the Project is estimated to be Forty-Six Thousand Five Hundred Ninety-Six and 66/100 Dollars ($46,596.66), as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate and shall not be construed as 90876G.Omaha.NE.Dahlman.Ave.Reimb.Agmt.REVISED G:FORMS.MCI\REIMBI.AGM 1 LPP(2/99) limiting the amount MCI is to be reimbursed by Reimbursor under this Agreement. MCI shall provide notice to Reimbursor when MCI becomes aware that actual costs will exceed the estimate by more than ten percent (10%). 5. After sixty (60) days following the completion of this Project, MCI shall make an accounting of final costs and provide Reimbursor with a copy of said accounting and an itemized invoice therefore. Reimbursor shall pay the full invoice within thirty (30) days after receipt. 6. No work shall be performed by Reimbursor within ten feet (10') on either side of the existing MCI facilities in 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, 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 or civil disorder; or any other cause beyond the reasonable control of MCI. 8. Exclusive of Saturday, Sunday and legal holidays, written notice shall be given to MCI by Reimbursor at least 48 hours in advance of commencement of any work in the immediate permitted area, but not within said ten feet (10') on either side, of the MCI facilities as set forth in Section 6., above. Said 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 notice of such emergency. 9. It is agreed and understood by the parties hereto that Federal-Aid Policy Guide 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal-Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of Transportation, Federal Highway Administration, as supplemented, revised or updated heretofore, is hereby expressly made a part of and incorporated into this agreement by this reference. 10. The Reimbursor, the Nebraska Department of Roads, and the Federal Highway Administration shall have the right to perform an audit within two years after the date of the Project's completion to verify the cost of the reimbursable work being performed by MCI under this Agreement. 11. 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. 90876G.Omaha.NE.Dahlman.Ave.Reimb.Agmt.REVISED G:FORMS.MCI\REIMB1.AGM 2 LPP(2199) 12. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 13. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. M S CORPORATION ORPORATION 13 Approved as to Form REVIEWED ti 3-2z_fl By: a Z om Law&I Public CPolicy Richard F. Zwick MCIW-AG Vice President Executed by the CITY OF OMAHA, NEBRASKA this /3"day of 1999. % 'erkdi* . By:Mayor date Approved to form: sistant City Attorney date 90876G.Omaha.NE.Dahlman.Ave.Reimb.Agmt.REVISED G:FORMS.MCIIREIMB1.AGM 3 LPP(2199) ��ya STATEMEN T ROF WORK O EXHIBIT A MAINTENANCE CONSTRUCTION SERVICES PROJECT # 90876G TITLE: Omaha, NE Dahlman Ave. Bridge Relocation February 17, 1999 1 .0 SCOPE OF WORK 1 .1 This project shall consist of the following work operations: • Place approximately 95 feet of 1-4 inch Split BSP conduit for MCI WorldCom. • Place approximately 20 feet of 1-2 inch Split PVC conduit for MCI WorldCom. • Place approximately 100 feet of 1-5 inch Split BSP conduit for AT&T. • Place approximately 20 feet of 1-4 inch Split PVC conduit for AT&T. • Expose and relocate approximately 95 feet of 1-2 inch HDPE conduit (MCI WorldCom). • Expose and relocate approximately 100 feet of 1-4 inch PVC conduit (AT&T). • Remove approximately 100 feet of concrete cap. • Relocate (1) existing 2.5' x 5' x 2.5' handhole. • Reposition approximately 10 feet of "ACTIVE" MCI WorldCom fiber optic cable. • Reposition approximately 10 feet of "ACTIVE" AT&T fiber optic cable. • Place approximately (2) MCI WorldCom warning markers. All work shall be performed along Union Pacific Railroad Right-of-Way, between MP#5 and MP#6, Douglas County, Omaha, Nebraska. More specifically, the Contractor shall furnish all labor, supervision, equipment, materials, (except as provided by MCI), material handling, transportation, and any and all other items required to satisfactoi ily complete the work described herein after as (The "Work"). 2.0 DRAWINGS The Work shall be performed in strict accordance with the following attached drawings which are hereby made a part of the Statement of Work, by this reference. 3.0 SPECIFICATIONS The Work shall be performed in strict accordance with the Network MCI Services Outside Plant Construction Handbook, dated May 1997 (MCIT 046 302 3802) Issue 03 as amended which is hereby made part of this Statement of Work by the referenc Page0 EXHIBIT A a IMX z x € 2 0 x U) n cm2i n a n p 2 z ? n m 0 z 2 ` i C D a z D 2 i A C) n -i n z n -1 -1 D -1 D (-) a oz coEA -"I o n 0 " x N 2 C7 o C45 m O C Z -o g - B 73 zI 74 2 = m ? m D a 2 6 2 o = O ~ i i i O O DD n n ms =s 6Ais, g .=s _m0 ems s XIOPP C C n n y _ _NN dN H niB -4 ON N N N N a Z m W E c'lN m,'3 z Ni N m Na U,2 ?9 Pr' NO m N N N N m 31( • m z 0 -4 C - a IO - a a 5 :S) m P a (-) 0 8 2 i D N N F " 0 n m a r Z gL .--� ' o 'A m m _ Zl O F� -1 n N a v - " D I, o `o Ul a Cl D r O r 2 mN 0 Z r m c 2 a o n € D w o ^ m o - 8 m 0 l J n m n ` oa a a _ - z z 0' m D. m o a )r --I ,,, 0 m = 0 - �A rn as -As m z) mmg H mm W- m6N O d n �,pv] - 11-JJ !� z Ill O DN a m I; - y II m O m u m C n a z z O z -l W : (-I n a a m a a 0 e = O D CZ R 0 m m -I z - -- r o o a O 0 < O 0 m O m < D m Z 73 z m Z m 3 z 3 z m o m z Z —+ 74 -i Z 9 O 'E ;? A B m z D D z " 9 1l__ a • m ` z m MCI WORLDCOM zo _'Im n � 1"Ya@�i,t � Z m i i g t/l ”Ili'; < P TELECOMMUNICATIONS CORPORATION Z ''' '-' m o D p:,§i c -^ OUTSIDE PLANT SERVICES g _ i o � = z m ;BJaE° 4 u Oz i TITLE: FIBER OPTIC CABLE ROUTE o '_` N Transmission Systems Construction MCI -,' R&U Project Budget EXHIBIT B 3/30/1999 Page 1 of 2 Project# 90876G Revision: 2 Date Prepared: 2/19/1999 Title: OMAHA,NE DAHLMAN AVE BRIDGE REPLACE Engineer: SMITH,DANNIS Site Code: OMAFNE Lead Engineer Capital Project 013153-03 City: OMAHA Capital Prj.Title: OMAHA TO IDC State: Nebraska Regen/Regen Spans: OMA TO LCL Footage 100 1 MIiWRWM ESTIMATED ENGINEERING TIME: (DAYS) ESTIMATED CONST.TIME: (DAYS) Engineering: 18 Construction 10 Drafting: 5 As Built Doc. 1 TIME FRAME TOTAL 24 TIME FRAME TOTAL: 10 SOAEDU Investigation# 705- 1998 Eng.Start: 6/15/1998 Construction Start: 4/5/1999 Disposition: Refund Eng. Complete: 3/12/1999 Construction Complete: 4/9/1999 S17MM' R 0 , E A t COS , A) ENGINEERING • $11,810.00 B) INSPECTION SERVICES $11,000.00 C) MCI FURNISHED MATERIALS $104.30 D) CONTRACTOR UNIT PRICE SCHEDULE $18,190.00 E) SPLICING LABOR $0.00 F) SUBTOTAL $41,104.30 G) OVERHEAD-20%OF ITEMS A-C&E $4,582.86 H) OVERHEAD-5%OF ITEM D $909.50 I) TOTAL-LOADED PROJECT COST $46,596.66 NGINEERTNG" REF DESCRIPTION QTY UNIT$ EXT.$ 1) Engineer Days(MCI) 16 $450.00 $7,200.00 3) Lead Engineer 2 $450.00 $900.00 4) Drafting/Aide Days(MCI) 5 $185.00 $925.00 5) Records(As-Builter Days)(MCI) 1 $185.00 $185.00 11) Engineering Field Trips(MCI) 1 - $1,100.00 $1,100.00 12) Permitting/Easement(Lump Sum) 1 $1,500.00 $1,500.00 ENGINEERING TOTAL: $11,810.00 i iVISE ,c ii1ONISER 6E8 REF DESCRIPTION DAYS QTY UNIT$ EXT.$ 2) MCI Inspector(Inc.mob.)(MCI) 10 1 $550.00 $5,500.00 6) Railroad Services 10 1 $550.00 $5,500.00 Erea Itt is`eeec Del-- Date: 3- 3/- Y7 * 0 .....1/4.- Transmission Systems Construction Mi;„ EXHIBIT B R&U Project Budget 3/30/1999 Page 2 of 2 INSPECTION SERVICES TOTAL: $11,000.00 G�11-'I�IiF,URNTSHE J1ERTA'I3S REF DESCRIPTION UNITS QTY UNIT$ EXT.$ 3) Warning Tape(4,000 foot reels) EA 1 $40.00 $40.00 5) Cott Tubular Mkr./&Posts EA 2 $19.65 $39.30 12) Shipping(Lump Sum) 1 $25.00 $25.00 MCI FURNISHED MATERIALS SUBTOTAL: $104.30 G R„ r iT OR NITiP,RI�E�SLH>E;D: REF DESCRIPTION UNITS QTY UNIT$ EXT.$ 2.2) 210B Place Cond.(Split GSP/BSP) FT 95 $30.00 $2,850.00 2.4) 210D Place Conduit(Split PVC) FT 20 $25.00 $500.00 7) 216 Expose&Relocate Conduit FT 95 $30.00 $2,850.00 13) 222 Remove Concrete Cap FT 100 $15.00 $1,500.00 16) 245 Relocate Handhole EA 1 $1,200.00 $1,200.00 35) 420 Reposition Active Cable Slack FT 20 $10.00 $200.00 49) 710 Place Buried Cable marker EA 2 $45.00 $90.00 ATOYEND OM!DIU'NIT EDIariiiiiMiiiiiiiiiMil REF DESCRIPTION UNITS QTY UNIT$ EXT.$ 53) 210E Place Conduit(Split 5"BSP for AT&T) FT 100 $35.00 $3,500.00 54) 210F Place Conduit(Split 4"PVC for AT&T) FT 20 $25.00 $500.00 55) 216A Expose&Relocate Conduit for AT&T FT 100 $30.00 $3,000.00 FERIA L • TNT V. Q • WTI 'Z)STS 5-"-* REF DESCRIPTION UNITS QTY UNIT$ EXT.$ 61) Mobilization/De-Mob.(5%) EA 1 $2,000.00 $2,000.00 CONTRACTOR UNIT PRICE SCHEDULE TOTAL: $18,190.00 "I1911( (12) C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr May 11 r 19 99 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City authorized the replacement of the Dahlman Avenue bridge by Resolution No. 1629 on June 16, 1998; and, WHEREAS, MCI Telecommunications Corporation has conduit and fiber optics cables in easements in the construction zone of the project, which they have agreed to relocate for an estimated $46,596.66 in the attached Reimbursement Agreement, which by this reference becomes a part herein; and, WHEREAS, Section 5.16 of the Home Rule Charter states that competitive bidding will not be required when purchasing unique or single source items; and, WHEREAS,the City will take the lead in the project and bill the State for 80%of the actual cost, leaving an estimated $9,319.33 as the local share of the cost which the City will be responsible for; and, WHEREAS, the Finance Department is authorized to pay in the amount of $46,596.66 from the 1996 Street and Highway Bond, Organization 1509, Fund 341. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Reimbursement Agreement with MCI Telecommunications Corporation to relocate their conduit and fiber optics cables to allow the replacement of the Dahlman Avenue bridge at approximately "A" Street, is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay in the amount of$46,596.66 from the Street and Highway Bond, Organization 1509,Fund 341. APPROVED AS TO FORM: 42Y—ff SSI T CITY ATTORNEY DATE PAP 113.S By 66ggfou ember Adopted Y 1 1 1999 .6-47 • Pi itIW Approved Mayor . b oEA �•� 6' cp 4 :� 7d • (q O� t� _ 0 O (� y Po IA A� O erg C) �--� E77nCC ~O• N• • AD N CD C- O 0 O \✓V CCDD 0 CD CD C `- ft 6 �� G Z p rr ty tr co • CDe),o Po cn E , crU. n e c .0 n. CD 0 R. P .° o uQ ' �: ,34 f CD C PD °ed E 5• ° 5. 9- O gci a 34c.,,, Q may, 6 • • ,-., r a 1