RES 1999-1239 - Agmt with MCI Telecommunications Corporation to relocate cabgles for replacement of Dahlman Ave bridge at A St , 4 -,,,ee...)s-. 1
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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
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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
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Approved
Mayor
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