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Home My WebLink AboutWorldcom Network Services Augusta Richmond GA DOCUMENT NAME: GJorl6CoM ()-t-rtA.JOrK :;e rU Le"5 DOCUMENT TYPE: COn+rC<.C~ YEAR: )0Cf3 BOX NUMBER: ) FILE NUMBER: jr;J5&7 4 NUMBER OF PAGES: ,;LV ~ ;' RICHMOND COUNTY PUBLIC WORKS 1815 Marvin Griffin Road Augusta, GA 300J6 ~,':-T'-::-::'-~:>"-;'~ ~~ r~. l ~: "'. .,..:;-." 'WI j ~ 1 n \i :. ;..' , .';>'~~~W \.,.,t J ~ -, ~ i :,) i /, ,: :';".' :,~;..-;:;; ~! ~ (706) 796:5040 ):,;, ", :~.:'lax: (706) 796:5045 uh-'.: DEe. 28 1995- Millard F. Gooding Public Works Director December 27, 1995 RiCH.~iJ~I~U 1~0l;rjl{ BOARD Of COMMISSIONERS OFFICE From: Linda W. Beazley, Administrator Millard F. Gooding, Dirl&~r' Memo To: Re: AGENDA ITEM Bobby Jones Expressway Project Number: 51-8155-247 County Reie~ence: 87~OS6 Enclosed are two original contracts from Worldcom Network Services, 'incorporatedi-n ths amount of $25,000 for-' the " above referenced project. These funds are available within the project contingency which has a current balance of $71,668. During the course of construction on the bridge contract for the extension of Bobby Jones Expressway, the Georgia Department of Transportation has found a fiber optic cable belonging to Worldcom originally thought to be out of the path of construction. It is encumbent upon the local govenrnemt to fund relocation of any utilities as per agreement with the Gerogia Department of Transportation. Execution of both originals of the agreement and funding are recommended. Please return both originals to this office for further processing. A fully executed agreement will be returned for your files once received. JFMjld Enclosures CC: Cheryl Nelson Agenda File Preconstruct ion File District: 1st Basin: Phinizy Swamp .~ .~-. i ., .. .~ 'UTILITY RELOCATION AGREEMENT REIMBURSABLE - GOVERNMENTAL ENTITY 'THIS AGREEMENT,' made and entered in this I ~ -ft.. day of ~ec::~,6er , 199-.5, by and between Wor dCom Network Services, Inc. (hereinafter called ''WORLDCOM'') and u u. s +;; - K'G0.V"""'ond COUN+ y (hereinafter called "GOVERNMENT") . ,. WHEREAS, GOVERNMENT is constructing, reconstructi-ng, crossing, or otherwise changing a portion of the Bobbi: ~1'Je....s E)(P("~.s:sr-Jd'j Ove.rpd 5S d e semerit or right:-of- way at CSX' -rF-O>N-SPO""+.;I+,o ~ R,~it+ or 0lL4, b~-h..u~kJ CSX Y""' I (<=..poj,fs 457 E 458' which requires the protec ion of WORLDCOM facilities along, I over and/or under said easement or right-of-way (hereinafter the "WORK"); and WHEREAS, "Cost of Work" shall include the entire sum, pa'id - or otherwise incurred, by WORLDCOM and attributable to the WORK, less, . the va ll1e . of_any -betterment and any sal vacre value of mat:~;rials recovered. '. NOf'1,...THEP.EFORE,.. in . consideration of, the mutuaL'.tmdertaking$ herein set forth, the parties hereto agree as follows: 1. WORLDCOM hereby agrees to relocate and/or protect the necessary parts of its facilities in accordance with the provisions set forth in the attached drawings or descriptions identified as Attachment A. WORLDCOM further agrees to do the WORK with its own forces, or by contractor(s) paid under contract(s) let by WORLDCOM, all under the supervision and approval of WORLDCOM. 2. provisions connection the It\ethod WORLDCOM further agrees to fully comply with the of Title VI of the Civil Rights Act of 1964 in with the WORK, and such compliance will be governed by checked and described hereafter: X (a) WORLDCOM will perform all or part of such WORK by a Con~ractor paid under a contract let by WorldCom. (b) WORLDCOM will perform all of such WORK entirely with WORLDCOM's forces. (c) WORLDCOM will perform continuing contract, future WORK was Contractor. all such WORK entirely by which contract to perform all executed with WORLDCOM's . 3'.'- "The 'G0VERNHENT 'hereby' agrees "b:{ "reimburse 'WORLOCOM':'for' all Cost' ,of Work in each such, r~location/protection af sai~ '.. :':','''r.':-'''~'':' ac:i lit i es ..~.'.: ;~.:. ~< :;;~'..: ..: . \. ;.~>.:,'.ts.!~.!/:::;:-<';::::.::~:~:.:,>~L~~: :'~'~'.;~:~::' <;;~~.:~,_"'~''';, .,.,'. . :...:;,::.:.".:.,:,", .:~ i,'. .:,:. .;..,~. ;,~~::~; ,;;.,;;._ .' ~...Jt"':.Jl'. .....~..~~ t"!~ ... ........ .......~;._.J...~.. ~...--,~~~.;lT..:tc":3.~:.>....,-,.~~ '''--.:\~~-':~1~*'' .CJ~~'}l~~~i;;:~;b~~:~~~\I~';'i")~,:~,~,,,,,,",,,,)T', "'i.~,j,;'~~~\::'"""'" "',;~rr~~,lW7f~~;~i~t;:' .- Utility Relocation Agreement Page 2 of 3 4. Attached hereto and by reference made a part hereof is an estimate of the Cost of Work in the amount of $ ~~A Before start of the Work, the GOVERNMENT agrees to deposit a sum equal to .the estimated Cost of Work with WORLDCOM. 5. A sum equal to all labor, services, materials and equipment furnished by WORLDCOM in carrying out the WORK shall be billed by WORLDCOM directly to the GOVERNMENT. Separate records as to the cost of contract bid items and force account items performed for WORLDCOM in connection with the WORK shall also be furnished by WORLDCOM to the GOVERNMENT. 6. The Cost of Work shall be determined according_to the method checked and described hereafter: (a) Actual and related costs set in accordance with all accounting procedure prescribed by the, app.li~able . - Federal or State regulatory body. (b) Actual and related costs accumulated in accordance with an established accounting procedure developed' by WORLDCOM. X (c) An agreed lump sum of $ 2.5,000.00, as supported by a detail analysis of estimated cost attached hereto. (Note: This method is not applicable where the estimated cost of the proposed WORK exceeds $25,000. ) 7. Following completion of the WORK, WORLDCOM shall, at the earliest date reasonably practicable, furnish the GOVERNMENT one copy of its final and complete billing of all costs incurred in connection with the WORK . performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate. The. totals for' labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs, and other services shall be shown in such a manner ,as will permit ready comparison with the approved plans and estimates. Materials shall be. itemized where t~ey represent major components of costs in the relocation, 'following, the pattern set out in the approved estimate as closely as possible. "...~.r~. t1)e..Jira.1 co.st~,~ less than the amount, q~p-osited by 'the' . GOVERNMENT ,-~ then WORLDCOM will promptly reimburse the GOVERNMENT \ fO,r:_.the, amo!l?t.overP?~9-,. If}he'final cost is more than the a~ourit ~, ., ,.'i"'; ;~~~;f'~l}:1~i~1~:'ARfI~;.\,,:;~:,;:$~~~~r;;'..".':('5;i~"".i';"':*if~1;2!j~!;&:;W;::~~~ . .. , .. Utility Relocation Agreement Page 3 of 3 " , deposited by the GOVERNMENT, the GOVERNMENT agrees to reimburse WORLDCOM for such additional costs within thirty (30) days from receipt of a detailed final billing from WORLDCOM. 8. GOVERNMENT will indemnify, defend, and hold WORLDCOM harmless from any and all claims arising from or relating to the WORK or GOVERNMENT's construction unless resulting from WORLDCOM's gross negligence or willful misconduct. 9. WORLDCOM' will indemnify, defend, and hold GOVERNMENT harmless from any and all' claims arising hereunder resulting from WORLDCOM's negligence or willful misconduct. 10. The adjustment of the WORLDCOM facility as planned will , reqtii-re the operation' of the old WORLDCOM facility until the' new facility is functioning. WORLDCOM's communication cable must remain in service 24 hours per day every day to insure:that service to its customers is not interrupted. ._.._.._.J1~_ :rh~s_,p'~opos~.d. new facility" insta~led in ,WORLDCOM's system'wiTl riot 'remainiii:' useful serVfce"he-yond~the-time-'wheri-"'~the'^''''"'' - ->.. --. overall facility of which it is a part is replaced. The estimated useful life of a c~le facility is in excess of 50 years, while the existing facility has been in service less than 10 years. 12. It is agreed that the cost of all improvements made during this WORK shall be borne by WORLDCOM, subject only to GOVERNMENT bearing such portion of the cost as represents the cost of protecting the previously existing facility, less salvage credit, if any. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed by their authorized officers the day and year first above written. '!t" WORLDCOM NETWORK SERVICES, INC. By: (Signature) )l (Print Name) . -(;P.rint:~Narne) ..IlI/~tle). .. , . . .:." " ,; ," '-:,',' ...' '1".;': \ ': : ..-.'~. . . . .' , '" ' '. f '. '. . ... .. . ....:, . ~. ;". ..'.J: .-iT..I;,' .,\I,,,m,,\OO,,nl",u'Jl' '..., '" , Jr' (Title) .: ..