HomeMy WebLinkAbout6.i. Sprint Communications Company Reimbursement Agreement - Akron Avenue Trunk & Railroad Improvements, City Project #417AGENDA ITEM: Sprint Communications Company
Reimbursement Agreement Akron
Avenue Trunk Utility Railroad
Improvements, City Project #417
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineer t o
AGENDA NO. i._
ATTACHMENTS: Agreement
APPROVED BY: e F
RECOMMENDED ACTION: Motion to Approve a Reimbursement Agreement with Sprint
Communications Company to Relocate Their Fiber Optic Cable in the Union Pacific Right
of -Way for the Akron Avenue Improvements and Authorize the Necessary Signatures.
!C ROSEMOUNT
City Council Meeting: May 6, 2008
CITY COUNCIL
EXECUTIVE SUMMARY
ISSUE:
City staff requests Council authorization for staff to execute a reimbursement agreement with Sprint
Communications Company to relocate their fiber optic cable in the right -of way of the Union Pacific
Railroad to accommodate improvements to the at -grade crossing on Akron Avenue associated with the
Akron Avenue Trunk Utility Railroad Improvements Project, City Project #417.
BACKGROUND:
Please find attached for Council consideration an agreement with Sprint Communications Company for
the relocation of fiber optic cable on Akron Avenue. The actual relocation will be completed by Sprint
Communications Company, as outlined in the attached Agreement.
Sprint estimates the cost for the relocation to be $14,987.00, and will be shared with Dakota County as a
part of the railroad crossing improvements funding as presented in the feasibility report. The City's
portion is being funded through the Street Capital Improvement Fund (CIP).
A copy of the agreement has been reviewed by the City Attorney.
SUMMARY:
Staff recommends Council authorization of staff execution of the attached Reimbursement Agreement
with Sprint Communications Company.
G: \ENGPROJ\ 417\ SprintReimbursementAgreementCC5- 6- 08.doc
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT "Agreement is made and entered into and effective
this day of 2008, by and between Sprint Communications Company L.P.
(hereinafter referred to as "Sprint whose mailing address is 6391 Sprint Parkway, Overland Park, Kansas
66251, Mail Stop: KSOPHT0101 -Z2040 and the City of Rosemount, MN. (hereinafter referred to as
"City whose mailing address is 2875 145th Street West, Rosemount, MN 55068.
BACKGROUND:
A. City desires to build/construct a road widening at the Union Pacific Railroad (UPRR)
and Akron Avenue on the route of the UPRR right of way, "Project Sprint owns fiber optic cable within
the aforementioned right of way as a result of deed easement; and,
B. As a result of the construction for the Project, it is necessary for Sprint to remove and
replace an undetermined amount of steel- encased cable and add additional steel protection to an
undetermined amount of cable, in accordance with, and as more particularly described, in the attached
Exhibits A (Cost Estimate) and B (Scope of Work), and incorporated herein; and,
C. Sprint, under the terms hereinafter stated, is willing to remove, protect and /relocate its
fiber optic cable within the UPRR right of way, and to accommodate City's work if City reimburses Sprint
for all of its actual costs, both direct and indirect, in making such modifications.
AGREEMENT
In consideration of the promises and mutual covenants herein contained, Sprint and City hereby
agree as follows:
1. Sprint will perform the necessary work in accordance with the attached Exhibits A and B "Work
subject to the terms and provisions of this Agreement.
2. City represents and warrants that Exhibit A accurately represents the Scope of Work requested of Sprint.
3. City may, at its own expense, inspect any construction by Sprint hereunder, to assure itself that Sprint
work is being performed in accordance with the Scope of Work.
4. City will bear and be responsible for and pay in accordance herewith all direct and indirect costs
incurred by Sprint and relating to the above referenced work, including, but not limited to, labor, materials,
construction, damages, administrative overhead, engineering review work, taxes and legal fees.
5. The total cost of the fiber optic cable work is estimated to be FOURTEEN THOUSAND NINE
HUNDRED EIGHTY SEVEN DOLLARS AND NO CENTS ($14,987.00) (Exhibit B). Final actual costs
may be more or less than such estimate, which will not be construed as a limitation of costs for the project.
Sprint will promptly provide notice to City if it becomes obvious to Sprint that the final actual costs will
exceed the foregoing by more than fifteen percent (15
6. Within a reasonable period of time after Sprint pays all of the invoices associated with the Project and
the as -built drawings are complete, Sprint will furnish an accounting of final actual costs and provide City
an invoice of the same.. City must pay the full amount of such invoice within thirty (30) days after receipt.
7. All operations and work performed by City above or adjacent to the fiber optic cable location must be
performed in a workmanlike and safe manner and in conformance with all applicable industry standards
and government regulations, and in accordance with any restrictions and conditions that may be imposed
by Sprint from time to time. No work may be performed within the existing right of way by City until the
fiber optic cable modification has been completed.
1
ARN 173708 PN 425835 DM #214706
8. Exclusive of Saturday, Sunday and legal holidays, notice must be given to Sprint by City at least 48
hours in advance of commencement of any work on or adjacent to the fiber optic cable. The notice shall be
given to Sprint at telephone number 1- 800 -521 -0579.
9. If City breaches any of the terms, covenants or provisions of this Agreement, and Sprint commences
litigation to enforce any provisions of this Agreement, the cost of attorney's fees and the attendant expenses
will be payable to Sprint by City upon demand.
10. Insofar as it legally may, City will indemnify and hold harmless Sprint, its officers directors, agents
and employees from all loss, claims, liability and costs incurred by Sprint, including, without limitation,
losses resulting from claims for damages to property or injuries to or death of persons, judgments, court
costs and attorney's fees, which arise out of or are claimed to have arisen out of the acts or omissions of
City, its contractors, agents, or employees with respect to the Project, including the construction,
maintenance, presence on the right of way, or other operations or activities of City. Nothing herein shall
be deemed a waiver by the City of the limitations on liability set forth in Minnesota Statutes, Chapter 466.
11. It is expressly understood by the parties that Sprint is not abandoning any right, title or interest it may
have in the above described land, all such rights, title and interest belong expressly reserved.
12. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or
understanding pertaining to the fiber optic cable modification work by and between Sprint and City.
13. The terms of this Agreement shall be binding and inure to the benefits of the parties hereto and their
successors and assigns.
14. All costs for flagging, if necessary, by the UPRR will be at City's expense
15. Notwithstanding anything to the contrary contained herein, Sprint will not be required to perform any
cable modification work contemplated by this Agreement during the period of November 15th of any year
through January 2nd of the following year.
The parties have caused this Agreement to be executed by their proper duly authorized officials as
of the dates indicated below.
CITY OF ROSEMOUNT, MN SPRINT COMMUNICATIONS COMPANY L.P.
BY: BY:
Andy Brotzler, PE Marianne Leary
TITLE: ITFLE:
City Engineer Manager, Sprint Real Estate
DATE: DATE:
WITNESS: WITNESS:
2
ARN 173708 PN 425835 DM #214706
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EXHIBIT B
SCOPE OF WORK
CITY OF ROSEMOUNT
The City of Rosemount Minnesota is rebuilding Akron Avenue. The new road will be
rebuilt and will be widened and shifted west. The City is also placing all new water and
sewer facilities through this road way. Sprint has a fiber optic cable that is on Union
Pacific Rail Road Right of Way that crosses this road. The fiber is in steel conduit that
was placed in 1986. The city has a 60 "storm sewer run that is in direct conflict with the
Sprint steel and fiber. The City has asked Sprint to relocate the fiber and conduit as the
storm sewer can not move from its design and still work. Sprint has agreed to raise this
steel conduit and extend some new steel to accommodate the City sewer issue. The fiber
is on the south side of the Union Pacific tracks and runs from St. Paul to Omaha. The
work is at RR MP# 335.6. Sprint Network 307 880 -124. Station 18 +32. This work is
to be inspected by the Union Pacific.