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04-0720_MCI WORLDCOM_Reimbursement AgreementB 0 0 costs of the Project are less than the advanced payment, MWNS shall refund the difference to Reimbursor. No work shall be performed by Reimbursor within ten feet (10') on either side of the existing MWNS facilities in the right-of-way until the Project has been completed. The obligations of MWNS are subject to force majeure and MWNS 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 MWNS. 8. Written notice shall be given to MWNS by Reimbursor at least forty-eight (48) hours, excluding Saturday, Sunday and legal holidays, in advance of commencement of any work in the immediate permitted area, but not within said ten feet (10') on either side, of the MWNS 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 MWNS at 1- 800 -MCI -WORK upon Reimbursor's notice of such emergency. 9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding by and between MWNS and Reimbursor pertaining to the Project. 10. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their 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. CAPISTRANO, Mayor -j " ao -V APPROVED AS TO RM: John Shaw, itye Attorney MCI WORLDCOM NETWORK SERVIDJES, INC. By. Name: arty Her 1 Title: Senior Manger, OSP Services Date: ,4/57, a, aoof/ 02/26/01 REIMBURSEMENT AGREEMENT ��Ut�� THISof R MB R EMENT AGREEMENT (herein "Agreement") is made and entered into and effective this Rc L day 2004, by and between MCI WORLDCOM Network Services, Inc., a Delaware corporation (he ein "MWNS"), on behalf of itself and/or its Affiliate(s), having a mailing address at 2250 Lakeside Boulevard, Richardson, Texas 75082, and CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, a municipal corporation (herein "Reimbursor'), having a mailing address at 32400 Paseo Adelanto, San Juan Capistrano, California 92675. "Affiliate" means an entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, MWNS. For the purposes of this Agreement, "own' or "control" means to own an equity interest (or equivalent) of at least ten percent (10%), or the right to control the business decisions, management and policy of another entity performing any of the obligations set forth in this Agreement. WITNESSETH: WHEREAS, Reimbursor is constructing, reconstructing, crossing, or otherwise changing a portion of the Burlington Northern Railroad Company as successor -in -interest to Atchison, Topeka and Santa Fe Railway Company easement in San Juan Capistrano, California (Vereda Bikeway) which requires the protection or relocation of MWNS 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 MWNS to relocate or protect a portion of its facilities without cost or risk to MWNS; and WHEREAS, MWNS, 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 MWNS for all of its costs, both direct and indirect, associated with the Project. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, MWNS 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 MWNS in connection with the Project. 3. Except as provided in paragraph 4., Reimbursor agrees to bear all direct and indirect costs incurred by MWNS and relating to any construction by MWNS 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 MWNS. 4. The total cost of the Project is estimated to be Sixty -Seven Thousand, Two Hundred Seventy -Nine and Fifty Hundredths Dollars ($67,279.50), as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate and shall not be construed as limiting the amount MWNS is to be reimbursed by Reimbursor under this Agreement. MWNS shall provide notice to Reimbursor when MWNS becomes aware that actual costs will exceed the estimate by more than ten percent (10%). Reimbursor agrees to submit advance payment of 0 % of the estimated Project cost in the amount of $67,279.50 along with this executed Agreement prior to the commencement of work by MWNS. Provided that the actual costs exceed the advanced payment, MWNS 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 invoice within thirty (30) days' following receipt of same. 5. Following the completion of this Project, MWNS shall make an accounting of final, unpaid, actual costs of the Project and provide Reimbursor with a copy of said accounting and an itemized invoice therefor. Reimbursor shall pay the full invoice within thirty (30) days after receipt. If the total actual SD EXHIBIT A SCOPE OF WORK MCIWorldCom Project Number 90751 H San Juan Capistrano, CA. Vereda Bikeway Relocation BACKGROUND MCIWorldCom is required to relocate existing MCI Long Distance facilities to accommodate the construction of the Vereda Bikeway Under crossing by the City of San Juan Capistrano, California SCOPE OF WORK MCIWorldCom contract work forces will be required to relocate (1) existing 3'X 5' handhole; place (2) temporary utility poles; place conduit and risers from existing handholes to temporary poles; and place approximately 750' of F.O.C. MCIWorldCom OSP Operation crews will be required to splice F.O.C. for the temporary relocation. Contract work forces will start the final restoration by placing approximately 150 feet of 4-2" HDPE in 4" GIP, across the overpass constructed by the City of San Juan Capistrano. These same contract crews will tie into the existing underground system and place approximately 5000 feet of F.O.C. to maintain the original splice locations. MCIWorldCom OSP Operation work forces will complete the permanent restoration by splicing F.O.C. Contract crews will then remove all temporary facilities including poles and cable. CONTACTS MCIWorldcom: Brandon Jacome — Regional 2175 N. California Blvd. Ste. Walnut Creek, CA. 94596 925/951-2061 office 925/951-2732 fax brandon.iacome(a mci.com Manager Dan Garden — Project Engineer 700 Office 315-006 157 South Lilac Avenue Rialto, CA 909 909-879-2716office 909-544-9282mobile dan..qarden(a)mci. corn CITY OF SAN JUAN CAPISTRANO: Tony Foster 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 949/493-1171 office ffosterCcDsanluancapistrano.org Topsmission Systems Constr4w on R&U Proiect Budget 7/15/2004 Project #: 90751H Revision: 3 Date Prepared: 7/14/2004 Title: SAN JUAN CAPISTRANO, CA VEREDA BIKEWAY Engineer: GARDEN.DAN Site Code: NWBUCA Lead Engineer: BECKER MANN. DON EXHIBIT B Page, I of 2 2 ESTIMATED ENGINEERING TIME: (DAYS) Engineering: 10 Drafting: As Built Doe. TIME FRAME TOTAL ESTIMATED CONST. TIME: (DAYS) Construction: TIME FRAME TOTAL: p Investigation#: Eng. Start: Construction Start: 9/10/2004 Disposition: Refund Eng. Construction Complete: 12/17/2004 TOTAL - LOADED PROJECT COST $67,279.50 A) ErNGINEERING, REF DESCRIPTION QTY UNIT $ EXT. $ Fnvineer Davy (Internal) 10 $520.00 $5,200.00 ENGINEERING Sub TOTAL $5,200.00 Lead Engineer: Date: A"M . ...... .... ... . .... . EM! up, F 05 $U MMARY:,O ESTV��S -,.: I � t is ' A) ENGINEERING $5,200.00 B) INSPECTION SERVICES $12,900.00 C) MCI FURNISHED MATERIALS $997.50 D) CONTRACTOR UNIT PRICE SCHEDULE $42,250.00 E) SPLICING LABOR $0.00 F) SUBTOTAL $61,347.50 G) OVERHEAD - 20% OF ITEMS A -C & E $3,819.50 IT) OVERHEAD - 5% OF ITEM D $2,112.50 TOTAL - LOADED PROJECT COST $67,279.50 A) ErNGINEERING, REF DESCRIPTION QTY UNIT $ EXT. $ Fnvineer Davy (Internal) 10 $520.00 $5,200.00 ENGINEERING Sub TOTAL $5,200.00 Lead Engineer: Date: Tensmission Systems Constroon R&U Project Budget 7(15(2004 EXHIBIT B Pane 2 of 2 2 B) §PECTIOR SERVICES REF DESCRIPTION DAYS QTY UNIT $ EXT. $ 2) MCI Insnector (Inc. mnh,) (Fxternal) 15 1 $360.00 $5,400.00 5) Railroad Flanman 15 1 $500.00 $7,500.00 INSPECTION SERVICES Sub TOTAL $12,900.00 E[7RNI5HEDATERIAI 5 REF DESCRIPTION UNITS QTY UNIT $ EXT. $ 9) Handholes FA 2 $498.75 $997.50 MCI FURNISHED MATERIALS Sub TOTAL $997.50 Addendum to Unit Price Schedule REF DESCRIPTION UNITS QTY UNIT $ EXT. $ 59) Contractor to Relocate F.xigtinn I InderQronnd FOC I .S 1 $42,250.00 $42,250.00 CONTRACTOR UNIT PRICE Sub TOTAL $42,250.00 0 ' MEMORANDUM August 5, 2004 TO: Meg Monahan, City Clerk FROM: R. Anthony Foster, Engineering Assistant SUBJECT: MCI Reimbursement Agreement, Vereda Bikeway (CIP #124) Attached is a fully executed original of the subject Agreement for your file. :L19 Attachment cc: Bill Huber Ray Holland a 32400 PASEO ADEL NTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano. org July 24, 2004 Steve Stoll MCI Worldcom 6929 N. Lakewood Ave Tulsa, OK 74117 Dear Mr. Stoll: Jww, IA 61 iFA Imam 1961 9 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHOATE WYATT HART JOE SOTO DAVID M. SWERDLIN On July 20, 2004 the City Council approved the enclosed reimbursement agreement. (2) original executed agreements are enclosed for execution by Marty Hersh, Senior Manager, OSP Services. Please return (1) executed original to my attention. If you have any questions concerning the agreement terms, please contact R. Anthony Foster, Engineering Assistant (949) 493-1171. Yours truly, CMC Agreement cc: R. Anthony Foster, Engineering Assistant Ray Holland, Interim Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 MC3. July 15, 2004 Tony Foster -Engineering Assistant City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 949/493-1171 RE: Project No. 90751H San Juan Capistrano, CA. — Verda Bikeway Relocation Dear Mr. Tony Foster, 6929 North Lakewood Tulsa, OK 74117 Please find enclosed two (2) original copies of MCIWorldCom's Reimbursement Agreement by and between MCIWorldCom and the City of San Juan Capistrano. Please execute both copies and forward them back to my attention at the address below. After MCIWorldCom executes the Agreements, I will return one fully executed original to you for your files. MCI WORLDCOM Attn: Steve Stull 6929 N. Lakewood Ave. Tulsa OK. 74117 M. D. 2.2 — 310A Should you have any questions or comments, please contact me at 918/590/5421 or send an email to steve.stull(a),wcom.com , Thank you for your cooperation with this project. Sincerely, Steve G. Stull Agreement Specialist OSP National Support Enclosures Reimbursement Agreement 0 0 6929 North Lakewood Tulsa, OK 74117 July 15, 2004 Tony Foster -Engineering Assistant City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA. 92675 949/493-1171 RE: Project No. 90751H San Juan Capistrano, CA. — Verda Bikeway Relocation Dear Mr. Tony Foster, Please find enclosed two (2) original copies of MCIWoddCom's Reimbursement Agreement by and between MCIWorldCom and the City of San Juan Capistrano. Please execute both copies and forward them back to my attention at the address below. After MCIWorldCom executes the Agreements, I will return one fully executed original to you for your files. MCI WORLDCOM Attn: Steve Stull 6929 N. Lakewood Ave. Tulsa OK. 74117 M. D. 2.2 — 310A Should you have any questions or comments, please contact me at 918/590/5421 or send an email to Steve. stullna,wcom, corn Thank you for your cooperation with this project. Sincerely, Steve G. Stull Agreement Specialist OSP National Support Enclosures Reimbursement Agreement • 7/20/2004 G AGENDA ITEM TO: Dave Adams, City Manager FROM: Ray Holland, Interim Engineering and Building Director SUBJECT: Consideration of Approval of a Reimbursement Agreement with MCI WorldCom Network Services, Inc. for Construction of the Vereda Bikeway Undercrossing (CIP No. 124) RECOMMENDATION: By motion, approve the Reimbursement Agreement with MCI WorldCom Network Services, Inc. for the construction of the Vereda Bikeway Undercrossing. SITUATION: A. Summary and Recommendation: The City has taken the lead in constructing a bikeway/pedestrian undercrossing of the Orange County Transportation Authority (OCTA) rail line adjacent to San Juan Creek (see Attachments 1 and 2). MCI WorldCom (MCI) has a cable within the rail right-of-way that must be relocated at the City's expense. The subject Agreement (Attachment 3) must be approved by the City Council and MCI. Staff recommends approval of the Agreement. B. Background: Several years ago, OCTA acquired the rail line within the City. Due to liability issues OCTA fenced off the unimproved section of the Vereda Bikeway that crossed the rail line on the north levee of San Juan Creek. The Vereda Bikeway is on the City, County and OCTA Master Plan of Biketrails. OCTA provided the City with a $1,079,000 Transportation Enhancement Act (TEA) grant for construction of an undercrossing of the rail line. The project consists of a new rail bridge north of the existing bridge crossing San Juan Creek, and access ramps within Descanso Park, the City Maintenance Yard and at the south side of Plaza Del Rio (Vons) shopping center. There is a MCI cable line which runs parallel to and within the OCTA right-of- way which must be relocated to the new rail bridge. As the cable is being relocated at the request of the City, MCI has provided the subject Agreement for reimbursement of their costs to relocate the cable. is Agenda Report Page 2 July 20, 2004 Recently, Caltrans, the agency overseeing the TEA grant, notified the City that all right-of-way and utility relocation documents must be submitted to them by August 151. The attached MCI Reimbursement Agreement was drafted in 2001, prior to the two-year environmental review of the project by Caltrans. Staff has contacted MCI, who have stated that the basic Agreement will not change other than costs, which are estimated to increase from $65,195 to a maximum of $80,000. MCI staff hope to have the final Agreement to the City prior to the City Council July 20, 2004 meeting, at which time the revised Agreement will be available. COMMISSION/BOARD REVIEW AND RECOMMENDATION: Not applicable. NOTIFICATION: Brandon Jacome*, Dan Garden* of MCI WorldCom Network Services *Agenda Report included FINANCIAL CONSIDERATIONS: Estimated construction cost: $1,560,000 Estimated MCI relocation cost: $ 80,000 Southern California Regional Rail Authority costs: $ 80,000 Total estimated construction cost:: $1,720,000 The following funds were approved in the 2004-2005 budget for CIP No. 124: Existing Measure M funds: $ 100,000 Park and Recreation funds: $ 320,000 TEA grant $1,078,912 Total: $1,498,912 Staff is reviewing upcoming grants, a transfer of funds from a defunct OCTA/City project (realignment of San Juan Creek railroad bridge) or other funding methods to cover the additional $221,088 needed to complete construction. Agenda Report Page 3 RECOMMENDATION: July 20, 2004 By motion, approve the Reimbursement Agreement with MCI WorldCom Network Services, Inc. for the construction of the Vereda Bikeway Undercrossing. Respectfully submitted, Dl.nld Interim Engineering and Building Director Attachments: 1. Location Map Prepared by, p� R. Anthony Foster Engineering Assistant/Trail Coordinator 2. Project Plan and Elevation 3. MCI Reimbursement Agreement THE CITY OF SAN JUAN CAPISTRANO WE 0 3000 6000 9000 Feel ATTACHMENT I 0 0 1 a I a 11d Zy N Rix _ SIYSi YI umm o 8 Z ss sv. .B'SL'll a LM �. Gk c Kc(�5 YI r a I 0 1 a I a Oy Zy N Rix _ HW W 0 J umm o 8 Z �W6 Q ZY_f Z Gk c r YE 0 1 a I a wse[o 1«- Y „• ATTACHMENT 2 Oy Zy f Rix _ HW W 0 J umm o Z< a Z �W6 Q ZY_f Z u•6 a C W r wse[o 1«- Y „• ATTACHMENT 2 \ -----�, .« y! • !J)[ !6\( Hv ----md§{ \ )§ §§ ; \z f§ \ \ (! - ■;■ 3 -----�, .« y! • !J)[ !6\( Hv i- \ )§ §§ ; \z f§ \ \ (! - ■;■ 3 § k` ' E� k \. ------� \2. § % � � • !J)[ !6\( Hv )§ §§ ; \z f§ \ \ (! � !6\( Hv (! - ■;■ 3 0 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT (herein "Agreement") is made and entered into and effective this —day of , 2001, by and between MCI WORLDCOM Network Services. c. In, a Delaware corporation (herein "MWNS"), on behalf of itself and/or its Affiliate(s), having a mailing address at 2250 Lakeside Boulevard, Richardson, Texas 75082, and, CITY OF SAN JUAN CAPISTRANO, CALIFORNIA a municipal corporation corporation (herein "Reimbursor"), having a mailing address at, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. "Affiliate" means an entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, MWNS. For the purposes of this Agreement, "own" or "control" means to own an equity interest (or equivalent) of at least ten percent (10%), or the right to control the business decisions, management and policy of another entity performing any of the obligations set forth in this Agreement. WITNESSETH: WHEREAS, Reimbursor is constructing, reconstructing, crossing, or otherwise changing a portion of the Burlington Northern Railroad Company as successor -in -interest to Atchison, Topeka and Santa Fe Railway Company easement in San Juan Capistrano, California (Vereda Bikeway) which requires the protection or relocation of MWNS 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 MWNS to relocate or protect a portion of its facilities without cost or risk to MWNS; and WHEREAS, MWNS, 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 MWNS for all of its costs, both direct and indirect, associated with the Project. NOW THEREFORE, in consideration of the promises and mutual covenants herein contained, MWNS 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 MWNS in connection with the Project. 3. Except as provided in paragraph 4., Reimbursor agrees to bear all direct and indirect costs incurred by MWNS and relating to any construction by MWNS 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 MWNS. 4. The total cost of the Project is estimated to be Sixty -Five thousand One Hundred Ninety -Four and 99/100 Dollars ($65,194.99), as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate and shall not be construed as limiting the amount MWNS is to be reimbursed by Reimbursor under this Agreement. MWNS shall provide notice to Reimbursor when MWNS becomes aware that actual costs will exceed the estimate by more than ten percent (10%). Reimbursor agrees to submit advance payment of 100% of the estimated Project cost in the amount of $65.194.99 along with this executed Agreement prior to the commencement of work by MWNS. Provided that the actual costs exceed the advanced payment, MWNS 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 invoice within thirty (30) days' following receipt of same. 90751H.SanJuanCapistrano.CA.Vereda.Bikeway.Reimb.Agr 10102/01 ATTACHMENT • 5. Following the completion of this Project, MWNS shall make an accounting of final, unpaid, actual costs of the Project 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. If the total actual costs of the Project are less than the advanced payment, MWNS shall refund the difference to Reimbursor. 6. No work shall be performed by Reimbursor within ten feet (10') on either side of the existing MWNS facilities in the right-of-way until the Project has been completed. 7. The obligations of MWNS are subject to force majeure and MWNS 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 MWNS. 8. Written notice shall be given to MWNS by Reimbursor at least forty-eight (48) hours, excluding Saturday, Sunday and legal holidays, in advance of commencement of any work in the immediate permitted area, but not within said ten feet (10') on either side, of the MWNS 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 MWNS at 1 -800 -MCI -WORK upon Reimbursor's notice of such emergency. 9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding by and between MWNS and Reimbursor pertaining to the Project. 10. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their 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 SAN JUAN CAPISTRANO, CALIFORNIA By: Joe Soto Mayor Attest: Margaret R. Monahan City Clerk Approved as to Form: John Shaw City Attorney MCI WORLDCOM NETWORK SERVICES, INC. LE David E. Elder Diretor, OSP Maintenance Services Ll EXHIBIT A SCOPE OF WORK L MCIWorldCom Project Number 90751H San Juan Capistrano, CA Vereda Bikeway Relocation BACKGROUND INFORMATION Reason for Project: WorldCom is required to relocate existing MCI LD facilities to accommodate the construction of the Vereda Bikeway Undercrossing by the city of San Juan Capistrano, California. Scope of Work: WorldCom contract work forces will be required to relocate(1) existing 3'x 5' handhole; place (2) temporary utility poles; place conduit and risers from existing handholes to temporary poles; and place approximately 750'of F.O.C. WorldCom OPS Operation crews will be required to splice F.O.C. for the temporary relocation. Contract work forces will start the final restoration by placing approximately 150 feet of 4-2" HDPE in 4" GIP, across the overpass constructed by the city of San Juan Capistrano. These same contract crews will tie into the existing underground system and place approximately 5000 feet of F.O.C. to maintain the orginal splice locations. WorldCom OSP Operation work forces will complete the permanent restoration by splicing F.O.C. Contract crews will then remove all temporary facilities including poles and cable. CONTACTS MCI WorldCom Project Manager: Dan Garden - Pho: 714-783-1169; Pg: 1-800-759-8888, pin # 05670665 Regional Manager: John Nick - Pho: 702-697-2356; Pg: 1-888-796-3258 Agreement Specialist: Kay Parsons - Pho: 972-656-6015; Fax # 972-656- 6022 IhVZ I r �� eansmission Systems ConsAtion EXHIBIT B R&U Project Budget 10/2/2001 Page 1 of 2 2 Project #: 90751H Revision: 2 Date Prepared: 9/ 7/2001 Title: SAN JUAN CAPISTRANO, CA VEREDA BIKEWAY REngineer: GARDEN, DAN Site Code: NWBHCA Lead Engineer: Capital Project: City: SAN JUAN CAPISTRANO Capital Prj. Title: State: Califomia Regen/Regen Spans: Footage: 500 ESTIMATED ENGINEERING TIME: (DAYS) Engineering: 10 Drafting: 2 As Built Doc. 2 TIME FRAME TOTAL 14 Investigation#: Disposition: Refund Eng. Start: Eng. Complete: ESTIMATED CONST. TIME: (DAYS) Construction: 5 TIME FRAME TOTAL: 5 Construction Start: 11/1212001 Construction Complete: 3/2/2002 Lead Engineer: Date: A) ENGINEERING $8,550.00 B) INSPECTION SERVICES $2,850.00 C) MCI FURNISHED MATERIALS $7,904.16 D) CONTRACTOR UNIT PRICE SCHEDULE $27,000.00 E) SPLICING LABOR $11,400.00 F) SUBTOTAL $57,704.16 G) OVERHEAD - 20% OF ITEMS A -C & E $6,140.83 H) OVERHEAD - 5% OF ITEM D $1,350.00 1) TOTAL - LOADED PROJECT COST $65,194.99 Lead Engineer: Date: Oansmission Systems Constoction EXHIBIT B R&U Project Budget 10/2/2001 Page 2 of 2 2 REF DESCRIPTION QTY UNIT $ EXT. $ 1) Engineer Days (Internal) 10 $570.00 $5,700.00 3) Drafting/Aide Days (Internal) 2 $570.00 $1,140.00 5) Records (As-Builter Days) (Internal) 2 $570.00 $1,140.00 12) Permitting/Basement Labor (Internal) 1 $570.00 $570.00 $634.72 ENGINEERING Sub TOTAL $8,550.00 REF DESCRIPTION DAYS QTY UNIT $ EXT. $ 1) MCI Inspector (Inc. mob.) (Internal) 5 1 $570.00 $2,850.00 INSPECTION SERVICES Sub TOTAL $2,850.00 MCI FURNISHED MATERIALS Sub TOTAL $7,904.16 Addendum to Unit Price Schedule REF DESCRIPTION UNITS QTY UNIT $ EXT. S 59) Replace Handhole; Pl. Temp. Poles and Cable LUMP 1 10,000.00 $10,W0.00 60) Place Conduit and Cable for Permanent Restoration LUMP 1 17,000.00 $17,000.00 CONTRACTOR UNIT PRICE Sub TOTAL $27,000.00 REF DESCRIPTION UNITS OTY UNIT $ EXT. S 64) Hot Splice Rollover (Internal) DAY 20 $570.00 $11,400.00 SPLICING LABOR Sub TOTAL $11,400.00 REF DESCRIPTION UNITS QTY UNIT $ EXT. S 1) Fiber Optic Cable FF 3000 $2.00 $6,000.00 11) Splicing Materials EA 3 $634.72 $1,904.16 MCI FURNISHED MATERIALS Sub TOTAL $7,904.16 Addendum to Unit Price Schedule REF DESCRIPTION UNITS QTY UNIT $ EXT. S 59) Replace Handhole; Pl. Temp. Poles and Cable LUMP 1 10,000.00 $10,W0.00 60) Place Conduit and Cable for Permanent Restoration LUMP 1 17,000.00 $17,000.00 CONTRACTOR UNIT PRICE Sub TOTAL $27,000.00 REF DESCRIPTION UNITS OTY UNIT $ EXT. S 64) Hot Splice Rollover (Internal) DAY 20 $570.00 $11,400.00 SPLICING LABOR Sub TOTAL $11,400.00 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx Iv N-W.sanjuancaplstrano. org July 21, 2004 • rJ'"lan • AP IRE OR PDR RTEO ' ESTEEMED 1961 1776 AIR AA NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE W ATT HART JOE SOTO DAVID M. SW RDUN On July 20, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of Approval of a Reimbursement Agreement with MCI WorldCom Network Services, Inc. for Construction of the Vereda Bikeway Undercrossing (CIP No. 124)" Item No. D6. The following action was taken at the meeting: Reimbursement agreement with MCI WorldCom Network Services, Inc. for the construction of the Vereda Bikeway Undercrossing. The following documents are in the process of being executed: Reimbursement Agreement. If you have any questions regarding this action, please contact R. Anthony Foster, Engineering Assistant at 443-6351 for more detailed information. Thank you, 14�7rt Mitzi brtig/ Deputy City Clerk Cc: Brandon Jacome, MCI WorldCom"; Dan Garden, MCI WorldCom'; Ray Holland, Interim Engineering and Building Director; R. Anthony Foster, Engineering Assistant San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wN.wsanjuaneapa.sirano.o g 0 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETIRGQF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on July 20, 2004, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a Reimbursement Agreement with MCI WorldCom Network Services, Inc. for Construction of the Vereda Bikeway Undercrossing (CIP No. 124)" — Item No. D6 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, July 19, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member R. Anthony Foster, Engineering Assistant. You may contact that staff member at (949) 443-6351 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.orr- . If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-aoendas(a)sanivancapistrano.o ro. Thank you for your interest, Meg Monahan, CMC City Clerk cc: Brandon Jacome, MCI WorldCom*; Dan Garden, MCI WorldCom*; Ray Holland, Interim Engineering and Building Director; R. Anthony Foster, Engineering Assistant * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future