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Home My WebLink AboutContract • CAG-09-176 Project No.998053 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT("Agreement")is made and entered into this l day of September, 2009,by and between Allstream Fiber U.S.Inc.,a Delaware corporation("Allstream"),having a principal place of business at 200 Wellington St W,Toronto,ON,Canada M5V 3G2,and The City of Renton,Washington[determine the type of legal entity:corporation,municipal corporation,joint venture,partnership,etc.]("Reimbursor"),having an address at City Hall—5th Floor, 1055 S. Grady Way, Renton, WA. 98507. 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 Shattuck Avenue and the BNSFRR ROW which requires the protection or relocation of Allstream facilities along,over and/or under said easement or right-of-way; WHEREAS, as a result of Reimbursor's construction activity, Reimbursor has requested Allstream to relocate or protect a portion of its facilities without cost or risk to Allstream;and WHEREAS,Allstream,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 Allstream 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. 2. Reimbursor may, at its own expense,inspect construction Allstream performs in connection with the Project. 3. Reimbursor agrees to bear all direct and indirect costs incurred by Allstream and relating to any construction by Allstream 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,except if caused solely by the gross negligence or willful misconduct of Allstream. 4. The total cost of the Project is estimated to be Nine thousand eight hundred and twenty Dollars ($9,820.00), 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 Allstream is to be reimbursed by Reimbursor under this Agreement. Allstream shall provide notice to Reimbursor when Allstream becomes aware that actual costs will exceed the estimate by more than ten percent(10%). Allstream may,in its sole discretion,submit to Reimbursor an itemized invoice for actual Project costs not more often than monthly. Reimbursor shall pay the full amount billed within thirty(30)days following receipt of the invoice from Allstream. 5. Following completion of the Project,Allstream shall make an accounting of final,unpaid,actual costs of the Project andprovide Reimbursor with a copyof the accountingand an itemized invoice therefore. Reimbursor shall paythe full amount billed within thirty(30)days after receipt of the invoice from Allstream. 6. Reimbursor shall perform no work within ten feet(10') on either side of the existing Allstream facilities located within the right-of-way until the Project has been completed. 7. The obligations of Allstream are subject to force majeure and Allstream 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 c:\allstream\standard reimbursement\outside plant 9/9/2009 • 1111 RECEIVED SEP 2 1 2009 Transportation Systems Div. • 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,civil disorder or acts of terrorism;or any other cause beyond the reasonable control of Allstream. 8. Reimbursor shall give written notice to Allstream 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 Allstream at 1-800-355-0472 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 Allstream 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. IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first above written. CITY OF RENTON ALLSTREAM FIBER U.S.INC. By: ame: Name: Shawn Mac en Title: Title: Senior Manager OSP Tax ID#: 91-6001271 Telephone: 425-430-7243 Email address: dakesson@rentonwa.gov Billing Contact: Name: Derek Akesson Address: 1055 S. Grady Way Renton, WA 98057 c:\allstream\standard reimbursement\outside plant 2 9/9/2009 • • EXHIBIT A BACKGROUND The City of Renton, WA. Is installing a new 48" storm Waterline in Shattuck Avenue, the Allstream Fiber Cable in the BNSFRR ROW is in conflict with the proposed project. The conflict requires Allstream to exposing and lower Allstream Conduit and Fiber Optic Cable to facilitate improvements for the City of Renton, Project#S36 Rainier Ave S (SR 167) Improvements Project Phase 1: Shattuck Ave S Stormwater Bypass. SCOPE OF WORK The project is 100% refundable and the estimated costs for the relocation are $9,820.00, and Allstream will bill the City upon the completion of the project. CONTACTS Allstream: Shawn Macken —Sr. OSP Manager Larry Yahemech—Project Supervisor 303-9th Avenue South East 6150 Lougheed Hwy Calgary,Alberta Burnaby, BC T2G OR7 V5B 2Z9 403-705-6138 office 604-638-4205 office 403-606-6575 mobile 604-306-2139 mobile shawn.macken(a�mtsallstream.com Iarry.yahemech@mtsallstream.com City of Renton Allstream Contact Representative: Derek Akeeson Dennis Gearhart— Project Manager City Hall —5th Fl. Plantec Cable Management 1055 S. Grady Way 360-305-2114 cell Renton, WA. 98507 gearhart@plantec.com 425-430-7243 office dakeson(a ci.renton.wa.us • a i st mitts OSP PROJECT BUDGET EXHIeIT B Page 1 of Project# S09-0006 Revision:1 Date Prepared: 8/24/09 Manager: Shawn Macken Project Supervior: Larry Yahemech Contact Rep: Dennis Gearhart City: RENTON Prev/Sate: Washington Schedule .;- Dospesltien: Expense Engineering Stan: NA Construction Start: 9/28109 Construction Complete: 10/15/09 Engineering Complete: NA Summatyof Estimated Costs A) Engineering. $0.00 B) Inspection Services $3,850.00 Materials $0.00 included in C) D) Contractor Unit Price $5,970.00. E) Splicing $0.00 F) Subtotal 89,826.00 G) Overhead-15%(excludes ietrn D) 80.00 H) Overhead-5%(item D) $0.00 !) Total Project Ccists $9,820.00