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R-09-04-23-10D2 - 4/23/2009RESOLUTION NO. R-09-04-23-1OD2 WHEREAS, the City of Round Rock wishes to enter into a Utility Adjustment Agreement with Southwestern Bell Telephone Company d/b/a AT&T Texas ("AT&T") for the removal and relocation of aerial utility facilities into a City -owned underground duct bank facility in connection with the Southwest Area Downtown Infrastructure Improvements Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Utility Adjustment Agreement with AT&T, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amen RESOLVED this 23rd day of April, 20 SARA L. WHITE, City Secretary 0:\wdox\SCClnts\0112\0905\MUNICIPAL\R90923D2.DOC/cmc City of Round Rock, Texas GlAworip UTILITY ADJUSTMENT AGREEMENT THIS AGREEMENT, by and between the City of Round Rock, Texas, hereinafter identified as the "City", and Southwestern Bell Telephone Company, d/b/a AT&T Texas, hereinafter identified as "AT&T", is as follows: WITNESSETH WHEREAS, the City proposes to redevelop and beautify an area of the City generally within the boundaries set forth on Exhibit A-1, attached hereto and hereinafter referred to as the "Project;" and WHEREAS, redevelopment and beautification involves, among other things, the removal and relocation of aerial utility facilities ("Facilities") into a City -owned underground duct bank facility (the. "Duct Bank") composed of concrete surrounding conduit pipes, and related manholes, handholes and other appurtenances, constructed for the purpose of installing wire, fiber optic cable, and facilities for public utilities; and WHEREAS, the Duct Bank is to be located within public utility easements and/or roadway right of way and generally located along alignments as shown in Exhibits A and A- 1 as Segments 1 through 20; and WHEREAS, the Duct Bank consists of four (4) different types of duct banks referred to as "E2", "E4", "E6" and "E8" on Exhibit B, and; WHEREAS, pursuant to state and federal law, and subject to exceptions set forth herein, City is required to reimburse AT&T for the costs of removal, relocation, or grade separation of AT&T's facilities impacted by Project; and WHEREAS, City has undertaken the design and cdnstruction of the Duct Bank and the Project; and WHEREAS, the City has notified AT&T that the cun-ent location of certain of its facilities and appurtenances (the "AT&T Facilities") are in conflict with the Project, and AT&T has agreed that the City may undertake the removal, relocation, or other necessary adjustment of existing AT&T Facilities impacted by the Project, as well as the construction and placement of four four inch conduits and any necessary manholes, hand holes, and other appurtenances (collectively, the "AT&T Conduit Facilities"), to be owned by AT&T and located within the Duct Bank„ as necessary to accommodate the Project (collectively the "Adjustment"); and WHEREAS; AT&T recognizes that time is of the essence in completing the work contemplated herein; and WHEREAS, the City and AT&T desire to implement the Adjustment of AT&T Facilities by entering into this Agreement. AGREEMENT NOW, THEREFORE, in consideration of these premises and of the mutual covenants and agreements of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged, the City, and AT&T agree as follows: EXHIBIT nAn I . Preparation of Plans. The City has previously prepared plans, required specifications, and cost estimates (collectively, the "Plans"), for the construction of the Duct Bank and the Adjustment of the AT&T Facilities, including the construction and placement of the AT&T Conduit Facilities within the City -owned Duct Bank. The AT&T Conduit Facilities are described on and identified in the Plans. For the purposes of identification, a copy of the cover sheet of the Plans is attached hereto as Exhibit C. 2. Review and Approval by City and AT&T. (a) The Plans for the construction of the Duct Bank and the Adjustment of the AT&T Facilities have been previously reviewed and are hereby approved by AT&T. By approving the Plans, AT&T confirms that the Plans are in compliance with AT&T's standards described in paragraph 3(c). (b) AT&T and City hereby agree upon the schedule for the construction and completion of the Duct Bank and the Adjustment of the AT&T Facilities as shown in Exhibits D and D-1. 3. Design and Construction Standards. All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (a) All applicable local, state and federal laws, regulations, decrees, ordinances and the policies of City; (b) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (c) The standard specifications, standards of practice, and construction methods (collectively, "standards") which AT&T customarily applies to facilities comparable to the AT&T Facilities that are constructed by AT&T or for AT&T by its contractors at AT&T's expense, which standards are current at the time this Agreement is signed by AT&T. AT&T acknowledges receipt from the City of Project plans necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. 4. Construction by City. (a) AT&T hereby requests that the City perform, and City agrees to perform, the construction necessary for the Adjustment of the AT&T Facilities and the City hereby agrees to perform such construction, with the exception of splicing work performed by AT&T. The Adjustment shall be performed in a good and workmanlike manner, and in accordance with the Plans (except as modified pursuant to Paragraph 14). (b) City shall retain such contractor or contractors as are necessary for the Adjustment of the AT&T Facilities through the City's normal procedures, which contractors are subject to City's and AT&T's approval. 5. City Responsible for Costs of Work. All work to be performed pursuant to this Agreement or in connection with the Adjustment, whether performed by City, AT&T, or their contractors, shall be at the sole cost and expense of the City, including but not limited to the engineering, splicing, inspection, and other costs of AT&T. All costs charged to the City by AT&T shall be reasonable and shall be computed using rates and schedules not exceeding those applicable to similar work 2 performed by or for AT&T at AT&T's expense. The costs paid by the City pursuant to this Agreement shall constitute full compensation to AT&T for all costs incurred by AT&T in Adjusting the AT&T Facilities (including without limitation costs of relinquishing and/or acquiring right of way). AT&T shall not be entitled to compensation for any Adjustment(s) covered by this Agreement, including costs with respect to real property interests (either acquired or relinquished), except as set forth in this Agreement. 6. Costs of the Work The costs for Adjustment of the AT&T Facilities shall be derived from AT&T's direct and indirect costs, including without limitation the costs incurred by AT&T for engineering design or design review prior to or after execution of this Agreement, review, administration, inspection, splicing, and the costs for any materials acquired by AT&T for or used in the Adjustment. AT&T's costs are estimated on Exhibit E, attached hereto. 7. Billing, Payment, Records and Audits (a) The City shall, upon completion of all the Adjustment work to be performed pursuant to this Agreement and upon receipt of a final invoice from AT&T complying with the requirements of Paragraph 8, make payment to AT&T in the amount of ninety percent (90%) of AT&T's eligible costs as set forth in Paragraph 6, and as shown in such final invoice (less amounts previously paid, and applicable credits). After completion of the City's audit referenced in Paragraph 7(c) and the parties' mutual determination of any necessary adjustment to the final invoice resulting therefrom, the City shall make any final payment due to AT&T so that total payments will equal the total amount reflected on such final invoice (as adjusted, if applicable). In the event the City chooses to audit the final invoice, such audit shall be undertaken by the City within thirty (30) days of receipt of the final invoice, and shall be completed within sixty (60) days thereafter. (b) When requested by AT&T and properly invoiced in accordance with Paragraph 8, the City shall make intermediate payments to AT&T based upon the progress of the work completed at not more than monthly intervals, and such payments shall not exceed eighty percent (80%) of AT&T's eligible costs as shown in each such invoice (less applicable credits). Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. (c) AT&T shall maintain complete and accurate cost records for all work performed pursuant to this Agreement. AT&T shall maintain such records for four (4) years after receipt of final payment hereunder. The City and its representatives shall be allowed to audit such records during AT&T's regular business hours. Unsupported charges will not be considered eligible for reimbursement. The parties shall mutually agree upon (and shall promptly implement by payment or refund, as applicable) any financial adjustment found necessary by the City's audit. 8. Invoices. The original and three (3) copies of each invoice shall be submitted to the City at the address for notices stated in Paragraph 20, unless otherwise directed by the City pursuant to Paragraph 20. AT&T shall make commercially reasonable efforts to submit final invoices not later than one hundred twenty (120) days after completion of the Adjustment. 9. Betterment and Salvage. The parties agree that the Adjustment pursuant to the Plans does not include any Betterment. 3 10. Project Management. City will provide project management during the Adjustment of the AT&T Facilities. 11. Utility Investigations. City shall comply with the notification and locate process established under the Underground Facility Damage Prevention and Safety Act, Ch. 251, Texas Utilities code (the "One -Call Statute"). If the horizontal markings provided in response to City's compliance with the One -Call Statute indicate a potential conflict, City shall take all additional actions that may be necessary to physically locate the facilities which are owned and/or operated by AT&T and may be impacted by the Project. 12. Inspection and Acceptance by AT&T. (a) Throughout the Adjustment construction hereunder, AT&T shall provide adequate inspectors for such construction. The work shall be inspected by AT&T's inspector(s) at least once each working day, and more often if such inspections are necessary for prudent installation. Further, upon request by City or its contractors, AT&T shall furnish an inspector at any reasonable time in which construction is underway pursuant to this Agreement, including occasions when construction is underway in excess of the usual forty (40) hour work week and at such other times as reasonably required. AT&T agrees to promptly notify City of any concerns resulting from any such inspection. (b) AT&T shall perforin a final inspection of the Adjustment and the AT&T Conduit Facilities, including conducting any tests as are necessary or appropriate, within ten (10) business days after written notice of completion of construction hereunder. As part of the final inspection, City shall, in the presence of AT&T's inspector, utilize a measuring pull tape to demonstrate duct integrity and to obtain accurate footage for cable placement. AT&T shall accept such construction if it is consistent with the performance standards described in Paragraph 3, by giving written notice of such acceptance to City within said ten (10) day period. If AT&T does not accept the construction, then AT&T shall, not later than the expiration of said ten (10) day period, notify City in writing of its grounds for non- acceptance and suggestions for correcting the problem, and if the suggested corrections are justified, City will comply. AT&T shall re -inspect any revised construction (and re -test if appropriate) and give notice of acceptance, not later than ten (10) business days after completion of corrective work. (c) From and after AT&T's acceptance (or deemed acceptance) of the AT&T Conduit Facilities, AT&T agrees to accept ownership of, and full operation and maintenance responsibility for the AT&T Conduit Facilities. City agrees that AT&T may have access to the AT&T Conduit Facilities in the future, if necessary for repair, maintenance or replacement, under reasonable procedures applicable to the City's right-of-way generally. (d) City shall require all contractors to warranty all work performed. All warranties of work shall be for a minimum period of two (2) year following acceptance of the work by City. 4 13. Field Modifications. City shall provide AT&T with documentation of any approved field modifications, including Utility Adjustment Field Modifications as well as minor changes described in Paragraph 14, occurring in the Adjustment of the AT&T Facilities. 14. Amendments and Modifications. This Agreement and the Plans, once approved pursuant to paragraph 2, may be amended or modified only by a written instrument executed by the parties hereto. For purposes of this Paragraph 14, "Utility Adjustment Field Modification" shall mean any horizontal or vertical design change from the Plans previously approved by the City and AT&T, due either to design of the Project or to conditions not accurately reflected in the approved Plans (e.g., shifting the alignment of an 8 in. water line to miss a roadway drainage structure). A Utility Adjustment Field Modification must be agreed upon by the City and AT&T. A minor change (e.g., an additional water valve, an added utility marker at a ROW line, a change in vertical bend, etc.) will not be considered a Utility Adjustment Field Modification and will not require written approval of the Parties, but shall be shown in the documentation required pursuant to Paragraph 13. 15. Relationship of the Parties. This Agreement does not in any way, and shall not be construed to, create a principal/agent or joint venture relationship between the parties hereto and under no circumstances shall AT&T or City be considered as or represent itself to be an agent of the other. 16. Entire Agreement. This Agreement embodies the entire agreement between the parties and there are no oral or written agreements between the parties or any representations made which are not expressly set forth herein. 17. Assignment; Binding Effect. Neither AT&T nor City may assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. This Agreement shall bind AT&T, the City and their successors and permitted assigns, and nothing in this Agreement nor in any approval subsequently provided by either party hereto shall be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation or other entity, including, without limitation, any contractor or other party retained for the Adjustment work or the public in general. 18. Breach by AT&T or City. If either party claims that the other has breached any of its obligations under this Agreement, the party will notify the other in writing of such breach, and the breaching party shall have 30 days following receipt of such notice in which to cure such breach, before the non -breaching party may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and after such period the breaching party shall have the right, but not the obligation, to cure any breach. 19. Traffic Control. The City shall provide traffic control made necessary by the Adjustment work performed by the City pursuant to this Agreement, in compliance with the requirements of the Texas Manual on Uniform Traffic Control Devices. Betterment percentages calculated in Paragraph 9 shall also apply to traffic control costs. 20. Notices. Except as otherwise expressly provided in this Agreement, all notices or communications pursuant to this Agreement shall be sent or delivered to the following: 5 City: With copy to: AT&T: With copy to: Jim Nuse, p.E. City Manager 221 E. Main St. Round Rock, Texas 78664 Phone: (512) 218-5400 Fax: (512) 218-7097 Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Phone: (512) 255-8877 Fax: (512) 255-8986 Felix Arguijo Area Manager 712 E. Huntland Drive, Room 229. Austin, Texas 78752 Phone: (512) 870-4777 Fax: (512) 870-4711 David Welsch General Attorney 208 S. Akard, Room 2930 Dallas, Texas 75202 Phone: (214) 757-3393 Fax: (214) 761-4065 Any notice or demand required herein shall be given (a) personally, (b) by certified or registered mail, postage prepaid, return receipt requested, (c) by confirmed fax, or (d) by reliable messenger or overnight courier to the appropriate address set forth above. Any notice served personally shall be deemed delivered upon receipt, served by facsimile transmission shall be deem delivered on the date of receipt as shown on the received facsimile, and served by certified or registered mail or by reliable messenger or overnight courier shall be deemed delivered on the date of receipt as shown on the addressee's registry or certification of receipt or on the date receipt is refused as shown on the records or manifest of the U.S. Postal Service or such courier. Either party may from time to time designate any other address for this purpose by written notice to the other party; the City may designate another address by written notice to both parties. 21. Approvals. Any acceptance, approval, or any other like action (collectively "Approval") required or permitted to be given by AT&T or the City pursuant to this Agreement: (a) Must be in writing to be effective (except if deemed granted pursuant hereto), (b) Shall not be unreasonably withheld or delayed; and if Approval is withheld, such withholding shall be in writing and shall state with specificity the reason for withholding such Approval, and every effort shall be made to identify with as much detail as possible what changes are required for Approval. 6 22. Time. (a) Time is of the essence in the performance of this Agreement. (b) All references to "days" herein shall be construed to refer to calendar days, unless otherwise stated. (c) Neither the AT&T nor the City shall be liable to the other for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence ("Force Majeure"), such as acts of God, acts of civil or military authority, fire, earthquake, strike, unusually severe weather, floods or power blackouts. 23. Continuing Performance. In the event of a dispute, the parties agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying billings, and such continuation of efforts and payment of billings shall not be construed as a waiver of any legal right. 24. Equitable Relief. The parties acknowledge and agree that delays in Adjustment of the AT&T Facilities will impact the public convenience, safety and welfare, and that (without limiting the parties' remedies hereunder) monetary damages would be inadequate to compensate for delays in the construction of the Project. Consequently, the parties hereto shall be entitled to specific performance or other equitable relief in the event of any breach of this Agreement which threatens to delay construction of the Project; provided, however, that the fact that specific performance or other equitable relief may be granted shall not prejudice any claims for payment or otherwise related to performance of the Adjustment work hereunder. 25. Authority. City and AT&T each represents and warrants to the other party that the warranting party possesses the legal authority to enter into this Agreement and that it has taken all actions necessary to exercise that authority and to lawfully authorize its undersigned signatory to execute this Agreement and to bind such party to its terms. Each person executing this Agreement on behalf of a party warrants that he or she is duly authorized to enter into this Agreement on behalf of such party and to bind it to the terms hereof. 26. Cooperation. The parties acknowledge that the timely completion of the Project will be influenced by the ability of the parties to coordinate their activities, communicate with each other, and respond promptly to reasonable requests. Subject to the terms and conditions of this Agreement, the parties agree to take all steps reasonably required to coordinate their respective duties hereunder in a manner consistent with the City's current and future construction schedules for the Project. 27. Termination. If the Project is canceled or modified so as to eliminate the necessity of the Adjustment work described herein, then the City shall notify AT&T in writing and City reserves the right to thereupon terminate this Agreement. Upon such termination, City shall be responsible for restoring AT&T Facilities to an operable condition at City's cost, and the parties shall negotiate in good faith an amendment that shall provide mutually acceptable terms and conditions for handling the respective rights and liabilities of the parties relating to such termination. 28. Nondiscrimination. Each party hereto agrees, with respect to the work performed by such party pursuant to this Agreement, that such party shall not discriminate on the grounds of race, color, 7 sex, national origin or disability in the selection and/or retention of contractors and consultants, including procurement of materials and leases of equipment. 29. Captions. The captions and headings of the various paragraphs of this Agreement are for convenience and identification only, and shall not be deemed to limit or define the contest of their respective paragraphs. 30. Counterparts. This Agreement may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute one and the same instrument. 31. Effective Date. This Agreement shall become effective upon the date of signing by the last party signing this Agreement. 32. Limitation of Liability NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS OR OF ANY OTHER THIRD PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY. 33. No Waiver. Nothing herein shall be construed to limit AT&T's rights to reconfigure its facilities within the area described on Exhibit A-1 in the future, including its rights to place additional or replacement facilities within the public rights of way or platted or private easements, to abandon facilities, or to replace, repair or modify existing facilities; provided however, that AT&T shall place any necessary additional or replacement lines or cables within the AT&T Conduit Facilities if such Facilities are usable, have available capacity and provide connections to the locations necessary. CITY OF ROUND ROCK SOUTHWESTERN BELL TELEPHONE COMPANY By: By: Authorized Signature Duly AuthorizRepraentative Printed Printed F Name: Alan McGraw Name: Fel, K Aijt1 /J Title: Mayor Tit1 'Jr OS/3 Po e & i)ed!ir✓t. Date: Date: 3 "2S -.Zoo? 8 Exhibit A Easement Segments for Southwest Downtown Project Segment No. 1 Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates of 3131470.01, 10158059.75 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 180.0 feet to Point B, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 2 Starting at Point B, as shown on Exhibit A-1, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203), thence. a distance of 41.0 feet to Point C, identified by the x:y coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 3 Starting at Point C, as shown on Exhibit A-1, identified by .the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 35.0 feet to Point D, identified by the x:y coordinates of 3131537.48, 10158221.39 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 4 Starting at Point C, as shown on Exhibit A-1, identified by the x:y coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 88.0 feet to Point E, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 5 Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 110.0 feet to Point F, identified by the x:y coordinates of 3131401.44, 10158334.55 (NAD 83, Texas State Plane Central, FIPS 4203). EXHIBIT nAu D,.,,_i_PU Segment No. 6 Starting at Point G, as shown on Exhibit A-1, identified by the x:y coordinates of 3131519.35, 10158548.68 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 175.0 feet to Point H, identified by the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 7 Starting at Point H, as shown on Exhibit A-1, identified by the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 152.0 feet to Point I, identified by the x:y coordinates of 3131826.50, 10158665.50 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 8 Starting at Point H, as shown on Exhibit A-1, identified by the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 115.0 feet to Point J, identified by the x:y coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 9 Starting at Point J, as shown on Exhibit A-1, identified by the x:y coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 76.0 feet to Point K, identified by the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 10 Starting at Point K, as shown on Exhibit A-1, identified by the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 225.0 feet to Point L, identified by the x:y coordinates of 3131625.53, 10158366.82 (NAD 83, Texas State Plane Central, FIPS 4203). EXHIBIT ',An Pa , . 9 rd. u Segment No. 11 Starting at Point K, as shown on Exhibit A-1, identified by the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 207.0 feet to Point M, identified by the x:y coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 12 Starting at Point M, as shown on Exhibit A-1, identified by the x:y coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 185.0 feet to Point N, identified by the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 13 Starting at Point M, as shown on Exhibit A-1, identified by the x:y coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 197.0 feet to Point 0, identified by the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 14 Starting at Point 0, as shown on Exhibit A-1, identified by the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 360.0 feet to Point P, identified by the x:y coordinates of 3131584.81, 10157970.12 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 15 Starting at Point 0, as shown on Exhibit A-1, identified by the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 154.0 feet to Point Q, identified by the x:y coordinates of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 16 Starting at Point Q, as shown on Exhibit A-1, identified by the x:y coordinates of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 337.0 feet to Point R, identified by the x:y coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State Plane Central, FIPS 4203). EXHIBIT Segment No. 17 Starting at Point R, as shown on Exhibit A-1, identified by the x:y coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 193.0 feet to Point S, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 18 Starting at Point 5, as shown on Exhibit A-1, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 57.0 feet to Point T, identified by the x:y coordinates of 3132397.51, 10157918.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 19 Starting at Point S, as shown on Exhibit A-1, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 80.0 feet to Point U, identified by the x:y coordinates of 3132330.19, 10157807.69 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 20 Starting at Point S, as shown on Exhibit A-1, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 97.0 feet to Point V, identified by the x:y coordinates of 3132274.14, 10157835.68 (NAD 83, Texas State Plane Central, FIPS 4203). EXHIBIT On, 0) z 0 0 0 J I -- z W 2 W (1) Q W }- F— J E -- D >-- Ce L7 COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE 24" STREET LIGHT CONDUIT NO. AS R(00 (SEE ?p.r ELECTRICAL STREET LIGHTING PLAN) (SCHDL 40) TO FINISHED GRADE SAND FILL FLOWABLE FILL o-oo 000 0 DUCT BANK LINE "E2" DETAIL EXHIBIT r 04 Li N TS ATMOS GAS COMMUNICATIONS (4" CONDUIT) ONCOR ELECTRIC (6" CONDUIT) COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBCRADE 24" STREET LIGHT CONDUIT NO.O'• REQ(SEE ELECTRICAL STREET LIGHTING PLAN) (SCHDL 40) TO FINISHED GRADE SAND FILL z FLOW BLE FILL 0 0 0 0 000 0 DUCT BANK LINE "E4" DETAIL S EN COR CAS COMMUNICATIONS (4" CONDUIT) ONCOR ELECTRIC (6" CONDUIT) COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE SAND FILL STREET LIGHT CONDUIT NO.O"r ? REQ(SEE ELECTRICAL STREET LIGHTING PLAN) (SCHDL 40) TO FINISHED GRADE FLOWABLE FILL 0000 000 0 DUCT BANK LINE "E6" DETAIL N TS ATMOS GAS COMMUNICATIONS (4"CONDUIT) ONCOR ELECTRIC (6"CONDUIT) COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE 24" STREET LIGHT CONDUIT —NO. REQ'D (SEE ELECTRICAL STREET LIGHTING PLAN) (SCHDL 40) N SAND FILL N d FLOW BLE FILL o000 000 0 DUCT BANK LINE "E8" DETAIL ATMOS GAS COMMUNICATIONS (4"CONDUIT) ONCOR ELECTRIC (6"CONDUIT) wg tp0 a IIP 139' m S ig 3 i SITE DEVELOPMENT PLANS FOR s1xaL 50021 ONf1O21 8I 3SVHd S!N3N AO JdWI 3unnnaSV IJNI .IOI�ISI4 NMOINMO J 1S3MH1(lOS CONSTRUCTION OF SOUTHWEST DOWNTOWN F-- 0 0 ce G m LLJ vI � <t a GL F-- VQN/ I.L. LL CITY OF ROUND ROCK OCTOBER 2008 O 1 p y y p W p Y fj aG Y @@$ A YEp} i i [ c e 4 yQ C 2 Q d 9 g p e! a CITY COUNCIL a.i� •€9i AsIre Ng!b x =vin n PU i Z NY I� [IE ;E1 EXHIBIT flcI �. _ oftriamm a t 1 z.F a a` y 9. EXHIBIT flcI �. _ oftriamm 0 0 N N N z 0 in N N miN j It 2.. jzittcto.--h.a Task jr:T ti4f-,cc,,c Milestone 4 External Tasks Split Summary External Milestone �r Progress Project Summary to °� " ��� A''', tw Deadline J -L ,r of al a 0). O—.04 s 2 N N LL 32 I Waterline B & G with service work 10 days Fri 6/12/091 Fri 6126/09 31 • • N O N N 6) 4) 6) V v p. N to W to CO O r r N r CO r at r e-.. - r' <D r t` .- 03 .- O .- N Al N N N N N N 2 N .0 tl 0) O .er N ni 6) f� 0) 0 in N [� -0 0) O Ca , T1 OD 7 Ft- 0) O O 17 0 F 0) 0 n r LL 0) 0 O M W F m O N Q V }01' D) O (_�` f*) 7 F rn CS r M 6) f- 0) 0 O) C7 7 F- tT O N c7 U 0 0 N 7 t- O7 0 .- Y b 0 S' to 0 a V 7 t ~ 0) e QD V'iii C O 0) 0 CSS V 'C U. 0) O (D V' 7 !- 01 0 N Q 6) F O) O V' •t '0 LL .0) 0 CO Q 10 5. CO 05 N )D LL' to C r U. 0 CO N •- U. 0) 40 )l) 00 M 0 N 40 'C LL 0 ti= uc7 V 0 tO ? F' }--- 0 Y �D 0 2 0 1 tD 7 I__ 0 o C0 7 }- 0) V CO 'C LL Vo 0) 03 O N F7� 0) o % d 0) O al N C� m 0) O so N C�• ami O) li la N !� 0 0) O Fz: N [� ti Tue 3/101091 0) O O 1'7 1- 0) Q N C7 F CO O F M F- O) O to Ff f- 0) O N i•�7 0) O W rl�'cc7 F' 0) O r 0) O 7 ~ 0) b )p C Fri 4/10/09 Thu 4/16/09 0) ill d' F3- 0) E.4.. �' LL O N '? O N �f v?m O f.. — LL 0 03 t LL O 03 LL�' 2 O N 1n LL, 133 0 N u7 O CO N 0) r fD C O t0 7.0 F 0) rn a w'12 F 0ib>q7.mND>N9NWT 0 N0.0b 7 0 N M O N it 0 N b r � N O0 0) fl N 7 days N V )O N m V N 3 days 2 days N '0 t? T ' r 43 T. M 'D '0 rV d 2 days 4 days 4) V V V A r 3 days N V M N 6 V V 1 2 days c9 0 V N > V CD > U d' >1 V t' M r'0 N 1_ 3 days >II V'0'0 C') )6 )•') m V) 1- Preconstruction Meeting U6) m 2 a = z N s m Florence (Blair to Brown) Install Erosion Controls Storm Line C (1+00 to 4+50), with stubs Brown (Florence to Bagdad) N G C O 0 o O W -€ � c Storm Line C (4+50 to 5+97), with stubs Storrs Line C (5+97 to 6+57), with stubs Storm Line C (6+57 to 8+19), with stubs Storm Line C (8+19 to 8+60), with stubs 1 Wastewater Line B (11+59 to 13+21) Storrn Line C8 0 U U 0 0 _ a €€ O O rn i� N r O O 0 . U M 0 6) _4 0 ?€ O c in S N U C :-I O in P) U 0 � E O m Brown (Bagdad to Main + ) Install Erosion Controls Wastewater Line B3 (1+91 to 3+91) Storm Line C (8+60 to 11+47) Stomp Line C (11+47 to 13+05) Storm Une C14 10 m 0 n E O in 0) U m C E O y Storm Une C20 Stone Une C16 Storm Line C17 Project; Round Rock Phase IB -Prelim Date: Mon 2/23/09 0 ,_ N M V u7 tD r, m O) '- O .- ,...10 Y CO q' M) to EXHIBIT ti co 0) ;y 0 N IN N M N V' N u7 .0 N N ti N W N O) N c•) 0 ch ■ P 0 0110 a o— rs) — Nro -. cn 0— N 1L (0 • 0 Predecessors N M 3 (O M CO (3) rn V' V 7 a- 10 V O O N N O M Y) O O O N O Lt, m (O (0 O CO ID N (D M (D 0) O m V 0) O O M (D 7 0 O 1- O 0 (D 7 F' 0 (y) 0 N 01 1- rn Q ti n7 Mon 3130109 0) O 0) F- 0) 0 LL }0) 0 is t` 3 f-' 0) 0 (D CO 07 O F 0) O ID O 2 Thu 8/13/09 0 0 (D yv Thu 4/30109 Tue 3/24/09 0 0 0) 0) sr a3 0) F- m 0 u7 0 U7 2 0 (O C 0) to 0 0 n 77 01 (D O (0 M1 0) 0 F- O O) F- X N 01 O (D N co LL 0) O N (D LLL 0) 0 G 43 m 1-- 0) O m m O 0 is O 1� Thu 3112/09 CD O P) m 0) O N z= 0) O 1- 0) O ti ar 0) 0 k 0) r co v 01 7 F- 0) 0 to r a 1 Mon 8/10/09 Tue 3/10/09 0 0 CO CO F- Mon 4/6/09 Tue 3110/09 0 M m H O) 0 O `7 co) 0 0) 0 11) H 0 7 0 7 N Ft - Mon 5125/09 01 0 N 7 0) 1-- 0) O CO O Wed 6/17/09 0) 0 CO 0 0) N N 0 N 7 m (D m N 21 a 7 01 'G h O 1 N m N (0 v co (0 a 03 77 01 L CO m 1') T CS M N O 17 77 N7 T v to v N 0V M a CD O ((00 N O 19 b O T m O 00 4 n 07 to 0 N m 01 N T (0 N T 01 v N .M- "0 r 1)) 'O 10CI Bagdad (Brown to Harris) Install Erosion Controls Storm Line 85 Harris (Bagdad to Main) Install Erosion Controls Wastewater MHA10 Storm Line B (4+33 to 6+80) Storm Line B11 Storm Line 812 install Erosion Controls Wastewater Line E m a d 0 0 + 7 0 Cr` O 0 O O U n N 111 M7 + 0 7 r D O io 0 4 U 0 0 0 m 0 n0 ❑ 0) 0 ttl 0 0 U ra0) E E M rl C77 1) N a 7 u7 v v u4) h CV 421 1 EXHIBIT IIDn 40 to ID 141 ID h 0 (0 M 7 CO 1D External Tasks External Milestone i N curo• O H CO 0- rn N a z O usrra, 0) to 1= s Kai r al , et ega P Og Alin Pin 0 O N 19 LL .� Predecessors ))0 (0 (0 f0 !00 03 CO L9 CD CO h P- N h O h a) h O O C7 h N O d' h m OCC m 188 00 0 .0 Thu 7/16/091 D) O r Mon 5/11/091 0) 0 (00 0 01 0 tD 1,- g 0) 0 01 0) d 0) 0 r to p 0) 0 a) 0 0) 0) 0 a) 0 113 F DI 0 N j 0) 0 0) 0 0 a) 0 O VI o 01 0 (0 N in O 0) 0 CO cn tl 01 0 0) 131 N13 F 0) 0 O Q F Mon 10/19/09 1 Thu 6/18/09 1 Mon 6/29109 O 0 ,OC 0) 0 0) 2 01 O 0 N a) Il. 0 0 0) 1? O 0) 1_ O N N 2 O 0 N 0) ?� 0) 0 V LL Start Tue 3/24/09 Thu 4/16/091 010 0 N V EI I— a) 0 N M C) 1— Wed 6/17/091 0 0 N "it Ol F Tue 4/21/091 a) 0 O 0) > Q) 0irr Y7 0 2 Thu 7/16/091 0 N 0 2 0 M 0 2 0 N 0 2 0 0 V 0) ? 0 00) LL is I Tue 9/29/09 1 Thu 10/8/09 0 0) m O 7.0 r F- 0 a = F- 0 = 0 0) 0 2 01 0) 00 2 I Tue 9/15/09 0) O) .0 F- 0 0) 0 2 0 0) N rn b d m 0 T r0 .0 N co T V 3 c•) >s m 'D v T )0 U N) T >. ID 0 v'- N r O t- 14 days l >N) 0 0 O T )G 'C N 28 days }) 0 N -- T 0 u7 5 days T -0 h T v h 7 days ` 7 days ›. > -0 v n h 1 7 days 7 days T '00 w ID r- T 'O N T .0 N 2 days T 'O N Brown (Florence to Bagdad) 1 Bagdad (Brown to Harris) - 1 Brown (Bagdad to Main +) l Main) 'ars o Bagdad) Brown (Bagdad to Main + ) N C �) _ Harris (Bagdad to Main) Street Work - Excavation E. Base Brown (Florence to Bagdad)- Excavation 0 IT M 7 N C m CD m V R IL m 0 Brown (Bagdad to Maln)- Excavation Brown (Bagdad to Main)- Base Installation Brown (Main to 620)- Excavation Brown (Main to 620)- Base Installation Bagdad (Brown to Harris)- Excavation Bagdad (Brown to Hards)- Base Installation Harris (Bagdad to Main)- Excavation 0 0) _. 10 ID N CO 2 0 Brown (Florence to Bagdad) Brown (Bagdad to Main + ) I Brown (Main to 620) Bagdad (Brown to Harris) 1 Harris (Bagdad to Main) 0 U= )0 01 m w ID S 3 m0 v v N K! 0 m1 m v m m m Il 0 0 tD ID tD )0 O a) O)D to n N h 1- N h LL) h h h h I, O 0) O O Ca N M CO CO 40 O O0 1-. 0 00 0 a) EXHIBIT nDn EXHIBIT D-1 1. AT&T will be given at least 30 days advance notice when the Duct bank is scheduled to be completed. 2. Upon completion of the duct bank, AT&T will have 13 days to pull in cable into all duct bank facilities. 3. After all cable is pulled, AT&T will have a 90 day window to splice all cables. 4. Once all other Utilities (Oncor, TWT and TWC) have been removed from AT&T poles, AT&T will have 14 days to wreck all existing AT&T aerial facilities from AT&T poles as well as other Utility owned poles. EXHIBIT E AT&T'S ESTIMATED COSTS Material cost = $34020 Splicing = $51660 Contract Labor = $27720 Engineering = $12600 The above estimates are based upon information currently available to Southwestern Bell Telephone Company, both as to the scope of the work and as to the company's anticipated costs. These estimates are subject to change due to a number of factors, and the actual costs incurred could vary substantially from these estimates. DATE: April 16, 2009 SUBJECT: City Council Meeting — April 23, 2009 ITEM: 10D2. Consider a resolution authorizing the Mayor to execute a Utility Adjustment Agreement with Southwestern Bell Telephone Company, dba AT&T Texas for the Southwest Area Downtown Infrastructure Project. Department: Staff Person: Justification: Transportation Services Tom Word, P.E., Chief of Public Works Operation This Utility Adjustment Agreement between the City of Round Rock and AT&T involves the removal and relocation of aerial utility facilities into an underground duct bank facility. The duct bank is composed of concrete surrounding conduit pipes and related manholes and hand holes and is constructed for the purpose of installing wire, fiber optic and facilities for public utilities. AT&T has agreed the City will remove and relocate existing AT&T facilities impacted by the Southwest Area Downtown Infrastructure Project. Funding: Cost: $126,000 Source of funds: GO Bonds 2001 Outside Resources: N/A Background Information: On January 8, 2009 City Council approved a contract with BRH Garver Construction Company (R -09-01- 08-8B2) for the construction of the Southwest Area Downtown Infrastructure Project. Other Easement (R -09-03-12-8D2) and Relocate (CM -04-10-09) Agreements have also been approved with TW Telecom of Texas, LLC with regards to this Project. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS UTILITY ADJUSTMENT AGREEMENT THIS AGREEMENT, by and between the City of Round Rock, Texas, hereinafter identified as the "City", and Southwestern Bell Telephone Company, d/b/a AT&T Texas, hereinafter identified as "AT&T", is as follows: WITNESSETH WHEREAS, the City proposes to redevelop and beautify an area of the City generally within the boundaries set forth on Exhibit A-1, attached hereto and hereinafter referred to as the "Project;" and WHEREAS, redevelopment and beautification involves, among other things, the removal and relocation of aerial utility facilities ("Facilities") into a City -owned underground duct bank facility (the. "Duct Bank") composed of concrete surrounding conduit pipes, and related manholes, handholes and other appurtenances, constructed for the purpose of installing wire, fiber optic cable, and facilities for public utilities; and WHEREAS, the Duct Bank is to be located within public utility easements and/or roadway right of way and generally located along alignments as shown in Exhibits A and A-1 as Segments 1 through 20; and WHEREAS, the Duct Bank consists of four (4) different types of duct banks referred to as "E2", "E4", "E6" and "E8" on Exhibit B, and; WHEREAS, pursuant to state and federal law, and subject to exceptions set forth herein, City is required to reimburse AT&T for the costs of removal, relocation, or grade separation of AT&T's facilities impacted by Project; and WHEREAS, City has undertaken the design and construction of the Duct Bank and the Project; and WHEREAS, the City has notified AT&T that the current location of certain of its facilities and appurtenances (the "AT&T Facilities") are in conflict with the Project, and AT&T has agreed that the City may undertake the removal, relocation, or other necessary adjustment of existing AT&T Facilities impacted by the Project, as well as the construction and placement of four four inch conduits and any necessary manholes, hand holes, and other appurtenances (collectively, the "AT&T Conduit Facilities"), to be owned by AT&T and located within the Duct Bank„ as necessary to accommodate the Project (collectively the "Adjustment"); and WHEREAS, AT&T recognizes that time is of the essence in completing the work contemplated herein; and WHEREAS, the City and AT&T desire to implement the Adjustment of AT&T Facilities by entering into this Agreement. AGREEMENT NOW, THEREFORE, in consideration of these premises and of the mutual covenants and agreements of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged, the City, and AT&T agree as follows: Preparation of Plans. The City has previously prepared plans, required specifications, and cost estimates (collectively, the "Plans"), for the construction of the Duct Bank and the Adjustment of the AT&T Facilities, including the construction and placement of the AT&T Conduit Facilities within the City -owned Duct Bank. The AT&T Conduit Facilities are described on and identified in the Plans. For the purposes of identification, a copy of the cover sheet of the Plans is attached hereto as Exhibit C. 2. Review and Approval by City and AT&T. (a) The Plans for the construction of the Duct Bank and the Adjustment of the AT&T Facilities have been previously reviewed and are hereby approved by AT&T. By approving the Plans, AT&T confirms that the Plans are in compliance with AT&T's standards described in paragraph 3(c). (b) AT&T and City hereby agree upon the schedule for the construction and completion of the Duct Bank and the Adjustment of the AT&T Facilities as shown in Exhibits D and D-1. Design and Construction Standards. All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (a) All applicable local, state and federal laws, regulations, decrees, ordinances and the policies of City; (b) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (c) The standard specifications, standards of practice, and construction methods (collectively, "standards") which AT&T customarily applies to facilities comparable to the AT&T Facilities that are constructed by AT&T or for AT&T by its contractors at AT&T's expense, which standards are current at the time this Agreement is signed by AT&T. AT&T acknowledges receipt from the City of Project plans necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. Construction by City. (a) AT&T hereby requests that the City perform, and City agrees to perform, the construction necessary for the Adjustment of the AT&T Facilities and the City hereby agrees to perform such construction, with the exception of splicing work performed by AT&T. The Adjustment shall be performed in a good and workmanlike manner, and in accordance with the Plans (except as modified pursuant to Paragraph 14). (h) City shall retain such contractor or contractors as are necessary for the Adjustment of the AT&T Facilities through the City's normal procedures, which contractors are subject to City's and AT&T's approval. 5. City Responsible for Costs of Work. All work to be performed pursuant to this Agreement or in connection with the Adjustment, whether performed by City, AT&T, or their contractors, shall he at the sole cost and expense of the City, including but not limited to the engineering, splicing. inspection, and other costs of AT&T. All costs charged to the City by AT&T shall be reasonable and shall be computed using rates and schedules not exceeding those applicable to similar work performed by or for AT&T at AT&T's expense. The costs paid by the City pursuant to this Agreement shall constitute full compensation to AT&T for all costs incurred by AT&T in Adjusting the AT&T Facilities (including without limitation costs of relinquishing and/or acquiring right of way). AT&T shall not be entitled to compensation for any Adjustment(s) covered by this Agreement, including costs with respect to real property interests (either acquired or relinquished), except as set forth in this Agreement. 6. Costs of the Work The costs for Adjustment of the AT&T Facilities shall be derived from AT&T's direct and indirect costs, including without limitation the costs incurred by AT&T for engineering design or design review prior to or after execution of this Agreement, review, administration, inspection, splicing, and the costs for any materials acquired by AT&T for or used in the. Adjustment. AT&T's costs are estimated on Exhibit E, attached hereto. 7. Billing, Payment, Records and Audits (a) The City shall, upon completion of all the Adjustment work to be performed pursuant to this Agreement and upon receipt of a final invoice from AT&T complying with the requirements of Paragraph 8, make payment to AT&T in the amount of ninety percent (90%) of AT&T's eligible costs as set forth in Paragraph 6, and as shown in such final invoice (less amounts previously paid, and applicable credits). After completion of the City's audit referenced in Paragraph 7(c) and the parties' mutual determination of any necessary adjustment to the final invoice resulting therefrom, the City shall make any final payment due to AT&T so that total payments will equal the total amount reflected on such final invoice (as adjusted, if applicable). In the event the City chooses to audit the final invoice, such audit shall be undertaken by the City within thirty (30) days of receipt of the final invoice, and shall be completed within sixty (60) days thereafter. (b) When requested by AT&T and properly invoiced in accordance with Paragraph 8, the City shall make intermediate payments to AT&T based upon the progress of the work completed at not more than monthly intervals, and such payments shall not exceed eighty percent (80%) of AT&T's eligible costs as shown in each such invoice (less applicable credits). Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. (c) AT&T shall maintain complete and accurate cost records for all work performed pursuant to this Agreement. AT&T shall maintain such records for four (4) years after receipt of final payment hereunder. The City and its representatives shall be allowed to audit such records during AT&T's regular business hours. Unsupported charges will not be considered eligible for reimbursement. The parties shall mutually agree upon (and shall promptly implement by payment or refund, as applicable) any financial adjustment found necessary by the City's audit. 8. Invoices. The original and three (3) copies of each invoice shall he submitted to the City at the address for notices stated in Paragraph 20, unless otherwise directed by the City pursuant to Paragraph 20. AT&T shall make commercially reasonable efforts to submit final invoices not tater than one hundred twenty (120) days after completion of the Adjustment. Betterment and Salvage. The parties agree that the Adjustment pursuant to the Plans does not include any Betterment. 10. Project Management. City will provide project management during the Adjustment of the AT&T Facilities. 11. Utility Investigations. City shall comply with the notification and locate process established under the Underground Facility Damage Prevention and Safety Act, Ch. 251, Texas Utilities code (the "One -Call Statute"). If the horizontal markings provided in response to City's compliance with the One -Call Statute indicate a potential conflict, City shall take all additional actions that may be necessary to physically locate the facilities which are owned and/or operated by AT&T and may be impacted by the Project. 12. Inspection and Acceptance by AT&T. (a) Throughout the Adjustment construction hereunder, AT&T shall provide adequate inspectors for such construction. The work shall be inspected by AT&T's inspector(s) at least once each working day, and more often if such inspections are necessary for prudent installation. Further, upon request by City or its contractors, AT&T shall furnish an inspector at any reasonable time in which construction is underway pursuant to this Agreement, including occasions when construction is underway in excess of the usual forty (40) hour work week and at such other times as reasonably required. AT&T agrees to promptly notify City of any concerns resulting from any such inspection. (b) AT&T shall perform a final inspection of the Adjustment and the AT&T Conduit Facilities, including conducting any tests as are necessary or appropriate, within ten (10) business days after written notice of completion of construction hereunder. As part of the final inspection, City shall, in the presence of AT&T's inspector, utilize a measuring pull tape to demonstrate duct integrity and to obtain accurate footage for cable placement. AT&T shall accept such construction if it is consistent with the performance standards described in Paragraph 3, by giving written notice of such acceptance to City within said ten (10) day period. If AT&T does not accept the construction, then AT&T shall, not later than the expiration of said ten (10) day period, notify City in writing of its grounds for non- acceptance and suggestions for correcting the problem, and if the suggested corrections are justified, City will comply. AT&T shall re -inspect any revised construction (and re -test if appropriate) and give notice of acceptance, not later than ten (10) business days after completion of corrective work. (c) From and after AT&T's acceptance (or deemed acceptance) of the AT&T Conduit Facilities, AT&T agrees to accept ownership of, and full operation and maintenance responsibility for the AT&T Conduit Facilities. City agrees that AT&T may have access to the AT&T Conduit Facilities in the future, if necessary for repair, maintenance or replacement, under reasonable procedures applicable to the City's right-of-way generally. (d) City shall require all contractors to warranty all work performed. All warranties of work shall be for a minimum period of two (2) year following acceptance of the work by City. 4 13. Field Modifications. City shall provide AT&T with documentation of any approved field modifications, including Utility Adjustment Field Modifications as well as minor changes described in Paragraph 14, occurring in the Adjustment of the AT&T Facilities. 14. Amendments and Modifications. This Agreement and the Plans, once approved pursuant to paragraph 2, may be amended or modified only by a written instrument executed by the parties hereto. For purposes of this Paragraph 14, "Utility Adjustment Field Modification" shall mean any horizontal or vertical design change from the Plans previously approved by the City and AT&T, due either to design of the Project or to conditions not accurately reflected in the approved Plans (e.g., shifting the alignment of an 8 in. water line to miss a roadway drainage structure). A Utility Adjustment Field Modification must be agreed upon by the City and AT&T. A minor change (e.g., an additional water valve, an added utility marker at a ROW line, a change in vertical bend, etc.) will not be considered a Utility Adjustment Field Modification and will not require written approval of the Parties, but shall be shown in the documentation required pursuant to Paragraph 13. 15. Relationship of the Parties. This Agreement does not in any way, and shall not be construed to, create a principal/agent or joint venture relationship between the parties hereto and under no circumstances shall AT&T or City be considered as or represent itself to be an agent of the other. 16. Entire Agreement. This Agreement embodies the entire agreement between the parties and there are no oral or written agreements between the parties or any representations made which are not expressly set forth herein. 17. Assignment; Binding Effect. Neither AT&T nor City may assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. This Agreement shall bind AT&T, the City and their successors and permitted assigns, and nothing in this Agreement nor in any approval subsequently provided by either party hereto shall be construed as giving any benefits, rights, remedies, or claims to any other person, firm, corporation or other entity, including, without limitation, any contractor or other party retained for the Adjustment work or the public in general. 18. Breach by AT&T or City. If either party claims that the other has breached any of its obligations under this Agreement, the party will notify the other in writing of such breach, and the breaching party shall have 30 days following receipt of such notice in which to cure such breach, before the non -breaching party may invoke any remedies which may be available to it as a result of such breach; provided, however, that both during and after such period the breaching party shall have the right, but not the obligation, to cure any breach. I9. Traffic Control. The City shall provide traffic control made necessary by the Adjustment work performed by the City pursuant to this Agreement, in compliance with the requirements of the Texas Manual on Uniform Traffic Control Devices. Betterment percentages calculated in Paragraph 9 shall also apply to traffic control costs. 20. Notices. Except as otherwise expressly provided in this Agreement, all notices or communications pursuant to this Agreement shall he sent or delivered to the following: 5 City: With copy to: AT&T: With copy to: Jim Nuse, p.E. City Manager 221 E. Main St. Round Rock, Texas 78664 Phone: (512) 218-5400 Fax: (512) 218-7097 Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Phone: (512) 255-8877 Fax: (512) 255-8986 Felix Arguijo Area Manager 712 E. Huntland Drive, Room 229. Austin, Texas 78752 Phone: (512) 870-4777 Fax: (512) 870-4711 David Welsch General Attorney 208 S. Akard, Room 2930 Dallas, Texas 75202 Phone: (214) 757-3393 Fax: (214) 761-4065 Any notice or demand required herein shall be given (a) personally, (b) by certified or registered mail, postage prepaid, return receipt requested, (c) by confirmed fax, or (d) by reliable messenger or overnight courier to the appropriate address set forth above. Any notice served personally shall be deemed delivered upon receipt, served by facsimile transmission shall be deem delivered on the date of receipt as shown on the received facsimile, and served by certified or registered mail or by reliable messenger or overnight courier shall be deemed delivered on the date of receipt as shown on the addressee's registry or certification of receipt or on the date receipt is refused as shown on the records or manifest of the U.S. Postal Service or such courier. Either party may from time to time designate any other address for this purpose by written notice to the other party; the City may designate another address by written notice to both parties. 21. Approvals. Any acceptance, approval, or any other like action (collectively "Approval") required or permitted to be given by AT&T or the City pursuant to this Agreement: (a) Must be in writing to he effective (except if deemed granted pursuant hereto), (h) Shall not be unreasonably withheld or delayed; and if Approval is withheld, such withholding shall be in writing and shall state with specificity the reason for withholding such Approval, and every effort shall be made to identify with as much detail as possible what changes are required for Approval. 6 Time. (a) Time is of the essence in the performance of this Agreement. (b) All references to "days" herein shall be construed to refer to calendar days, unless otherwise stated. (c) Neither the AT&T nor the City shall be liable to the other for any delay in performance under this Agreement from any cause beyond its control and without its fault or negligence ("Force Majeure"), such as acts of God, acts of civil or military authority, fire, earthquake, strike, unusually severe weather, floods or power blackouts. 23. Continuing Performance. In the event of a dispute, the parties agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying billings, and such continuation of efforts and payment of billings shall not be construed as a waiver of any legal right. 24. Equitable Relief. The parties acknowledge and agree that delays in Adjustment of the AT&T Facilities will impact the public convenience, safety and welfare, and that (without limiting the parties' remedies hereunder) monetary damages would be inadequate to compensate for delays in the construction of the Project. Consequently, the parties hereto shall be entitled to specific performance or other equitable relief in the event of any breach of this Agreement which threatens to delay construction of the Project; provided, however, that the fact that specific performance or other equitable relief may be granted shall not prejudice any claims for payment or otherwise related to performance of the Adjustment work hereunder. 25. Authority. City and AT&T each represents and warrants to the other party that the warranting party possesses the legal authority to enter into this Agreement and that it has taken all actions necessary to exercise that authority and to lawfully authorize its undersigned signatory to execute this Agreement and to bind such party to its terms. Each person executing this Agreement on behalf of a party warrants that he or she is duly authorized to enter into this Agreement on behalf of such party and to bind it to the terms hereof. 26. Cooperation. The parties acknowledge that the timely completion of the Project will be influenced by the ability of the parties to coordinate their activities, communicate with each other, and respond promptly to reasonable requests. Subject to the terms and conditions of this Agreement, the parties agree to take all steps reasonably required to coordinate their respective duties hereunder in a manner consistent with the City's current and future construction schedules for the Project. 27. Termination. If the Project is canceled or modified so as to eliminate the necessity of the Adjustment work described herein, then the City shall notify AT&T in writing and City reserves the right to thereupon terminate this Agreement. Upon such termination, City shall be responsible for restoring AT&T Facilities to an operable condition at City's cost, and the parties shall negotiate in good faith an amendment that shall provide mutually acceptable terms and conditions for handling the respective rights and liabilities of the parties relating to such termination. 28. Nondiscrimination. Each party hereto agrees, with respect to the work performed by such party pursuant to this Agreement. that such party shall not discriminate on the grounds of race, color. 7 sex, national origin or disability in the selection and/or retention of contractors and consultants, including procurement of materials and leases of equipment. 29. Captions. The captions and headings of the various paragraphs of this Agreement are for convenience and identification only, and shall not he deemed to limit or define the contest of their respective paragraphs. 30. Counterparts. This Agreement may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute one and the same instrument. 31. Effective Date. This Agreement shall become effective upon the date of signing by the last party signing this Agreement. 32. Limitation of Liability NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS OR OF ANY OTHER THIRD PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY. 33. No Waiver. Nothing herein shall be construed to limit AT&T's rights to reconfigure its facilities within the area described on Exhibit A-1 in the future, including its rights to place additional or replacement facilities within the public rights of way or platted or private easements, to abandon facilities, or to replace, repair or modify existing facilities; provided however, that AT&T shall place any necessary additional or replacement lines or cables within the AT&T Conduit Facilities if such Facilities are usable, have available capacity and provide connections to the locations necessary. CITY OF ROUN) ROCK: SOUTHWESTERN BELL TELEPHONE COMPA By: Aued Si' azure Printed Name: Alan-4140..Cp,m101G A,t?D1p Title: fir- Migoiz i' O;04 Date: 4- 8 By: fG Duly Authorized Printed Name: re/(k i i0 Titl l tpta744•1cz 45P,/�,�a r,2 , 6 l Qi 47f Date: J -25 ' 2000 9 Exhibit A Easement Segments for Southwest Downtown Project Segment No. 1 Starting at Point A, as shown on Exhibit A-1, identified by the x:y coordinates of 3131470.01, 10158059.75 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 180.0 feet to Point B, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 2 Starting at Point 8, as shown on Exhibit A-1, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 41.0 feet to Point C, identified by the x:y coordinates of 3131520.36, 10158189.66 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 3 Starting at Point C, as shown on Exhibit A-1, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 35.0 feet to Point D, identified by the x:y coordinates of 3131537.48, 10158221.39 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 4 Starting at Point C, as shown on Exhibit A-1, identified by the x:y coordinates of 3131476.05, 10158306.48 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 88.0 feet to Point E, identified by the x:y coordinates of 3131509.92, 10158228.60 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 5 Starting at Point E, as shown on Exhibit A-1, identified by the x:y coordinates of 3131476.05, 10158306,48 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 110.0 feet to Point F, identified by the x:y coordinates of 3131401.44, 10158334.55 (NAD 83, Texas State Plane Central, FIPS 4203). EXHIBIT SIr - l C� Segment No. 6 Starting at Point G, as shown on Exhibit A-1, identified by the x:y coordinates of 3131519.35, 10158548.68 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 175.0 feet to Point H, identified by the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 7 Starting at Point H, as shown on Exhibit A-1, identified by the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 152.0 feet to Point I, identified by the x:y coordinates of 3131826.50, 10158665.50 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 8 Starting at Point H, as shown on Exhibit A-1, identified by the x:y coordinates of 3131684.01, 10158610.11 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 115.0 feet to Point J, identified by the x:y coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 9 Starting at Point J, as shown on Exhibit A-1, identified by the x:y coordinates of 3131719.76, 10158501.85 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 76.0 feet to Point K, identified by the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No, 10 Starting at Point K, as shown on Exhibit A-1, identified by the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 225.0 feet to Point L, identified by the x:y coordinates of 3131625.53, 10158366.82 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 11 Starting at Point K, as shown on Exhibit A-1, identified by the x:y coordinates of 3131788.24, 10158467.61 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 207.0 feet to Point M, identified by the x:y coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 12 Starting at Point M, as shown on Exhibit A-1, identified by the x:y coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 185.0 feet to Point N, identified by the x:y coordinates of 3132031.94, 10158333.17 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 13 Starting at Point M, as shown on Exhibit A-1, identified by the x:y coordinates of 3131857.22, 10158272.24 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 197.0 feet to Point 0, identified by the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 14 Starting at Point 0, as shown on Exhibit A-1, identified by the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 360.0 feet to Point P, identified by the x:y coordinates of 3131584.81, 10157970.12 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 15 Starting at Point 0, as shown on Exhibit A-1, identified by the x:y coordinates of 3131925.7, 10158086.94 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 154.0 feet to Point Q, identified by the x:y coordinates of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 16 Starting at Point Q, as shown on Exhibit A-1, identified by the x:y coordinates of 3131977.56, 10157941.42 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 337.0 feet to Point R, identified by the x:y coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State Plane Central, FIPS 4203). EXHIBIT nAn Segment No. 17 Starting at Point R, as shown on Exhibit A-1, identified by the x:y coordinates of 3132296.80, 10158052.70 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 193.0 feet to Point S, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 18 Starting at Point S, as shown on Exhibit A-1, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 57.0 feet to Point T, identified by the x:y coordinates of 3132397.51, 10157918.76 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 19 Starting at Point S, as shown on Exhibit A-1, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 80.0 feet to Point U, identified by the x:y coordinates of 3132330.19, 10157807.69 (NAD 83, Texas State Plane Central, FIPS 4203). Segment No. 20 Starting at Point S, as shown on Exhibit A-1, identified by the x:y coordinates of 3132365.28, 10157871.43 (NAD 83, Texas State Plane Central, FIPS 4203), thence a distance of 97.0 feet to Point V, identified by the x:y coordinates of 3132274.14, 10157835.68 (NAD 83, Texas State Plane Central, FIPS 4203). w CA z 0 U 0 J z W 2 W > > 0) W J 0 COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE 24" STREET LIGHT CONDUIT '- O NO. AS REQ'D (SEE z ?"O'"'- ELECTRICAL STREET LIGHTING PLAN) (SCHDL 40) N SAND FILL FLOWABLE FILL oboo 0 00 DUCT BANK LINE "E2" DETAIL NTS ATMOS GAS COMMUNICATIONS (4" CONDUIT) ONCOR ELECTRIC (6" CONDUIT) COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE SAND FILL 24" STREET LIGHT CONDUIT NO. REQ(SEE z " ELECTRICAL STREET LIGHTING PLAN) (SCHDL 40) N TO FINISHED GRADE FLOW BLE FILL 000 000 0 ENCOR CAS COMMUNICATIONS (4" CONDUIT) ------- ONCOR ELECTRIC (6" CONDUIT) DUCT BANK LINE "E4" DETAIL S COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE STREET LIGHT CONDUIT NO.AREQ(SEE ELECTRICAL STREET LIGHTING 2 PLAN) (SCHDL 40) TO FINISHED GRADE 6" SAND FILL FLOWABLE FILL 0 0 00 0 0 0 0 DUCT BANK LINE "E6" DETAIL N TS ATMOS GAS COMMUNICATIONS (4"CONDUIT) ONCOR ELECTRIC (6"CONDUIT) COMPACTED BACKFILL TO FINISHED GRADE OR BOTTOM OF SUBGRADE 24" STREET LIGHT CONDUIT o -NO.REQ'D (SEE z 2;...„------- ELEELE CTRTR ICAL STREET LIGHTING PLAN) (SCHDL 40) ry SAND FILL FLOW BLE FILL 0000 0000 DUCT BANK LINE "E8" DETAIL ATMOS GAS COMMUNICATIONS (4"CONDUIT) ONCOR ELECTRIC (6"CONDUIT) SITE DEVELOPMENT PLANS FOR 9031 ')OOd CNf Od 91 3SVHd S1N3143A01idNI 3 .onuLSW213NI 10I�1SIC1 NMOINMOG 1SJMHJJ 10S CONSTRUCTION OF SOUTHWEST DOWNTOWN INFRASTRUCTURE IMPROVEMENTS 6 i.- 0 m 0 Z .-1 Z j O 0 ce a LL O O 0 6 N- 1 OCTOBER 2008 :5 16 y$ 8/= 601g!! * a g! g ea 9 a. a86P Pig t�Ed !i1 e EXHIBIT 111/1011.1 IMOrfaVOII d 01 a a w 8 tVym 0) 0 0 l7 m N 0) )L O CO m 0 r r r (13 w N N N N (0 N N CO N a) N 07 01 0 0) N Q C7 0 0') Q H oto 0 C') Wed 3125/09 0 N t�+ O '0 W ca 0) 0 V LL h - Tue 4/21/09 Q ISL N d O 01 LL 1C) lL 0) Q) Q N •)L W 0 0) N O O 0) 0 (0 LL7 4D 0) a Ca !L 01 O CON CO LL 14 N H Wed 2/25/09 Wed 2125109 N D LL O 0 Cr) O r3 C ) 0) 1 - d H N 1- w -o (0 0) v .11 .1.1) } CV 1- rn to 0 rn 0 Cr) Q ;4-4 N0 0 0) N rn LL a 1- V' CU F - W a 0 a) O 0) O 01 CO N c O Qm U. 0) Q tt 0) 0 O Ul 0) (0 0 r2 0) 0 (0 F- 01 0 t0 01 a co LL C T U O T 0 407 b r CV as 0) T 0 N N N v fh Cd )0 ti) u1 .4 ('4) 40 N 04 0 N O In b 0 ra 4 N T V N v <t N 0 P! m v M (/I Y N 13M A N N ra N 0) CU 17 O V) a 417 7 0 N CO M 00 L Y1 N Ca V 07 M 'C r7 N 'OO m N N 'O 0 Install Erosion Controls Storm Une C (1+00 to 4+ 4 m 0) w CO 0 m W O 1 i~ N rasion Contr 04 C CO ine C (4+50 to 5+97), with stubs 0 O N 0 03 CO -J Storm Line C8 01 U m 0 y (C) U m c b r 0 m c E N 0 0 + 4) 00 03 c J Q 0) EXHIBIT J Brown (Bagdad to Main + ) Install Erosion Controls N M 0) Wastewater Line B3 (1 60 to 11+47) N 0 + 0 O N Storm Line C14 N Storm Line 15 N Storm Line C19 00 N Stone Line C20 rm Line C16 M torm Line C17 c*) 0) m tl External Tasks i m 0) Fa r• n N U O ) 4o O M O) M O M N v C0 v a a m u, It) 0 4 d )!) O N f- 0 0 CO )f) O )n O t0 N O M C LL m O 40 C 0 Mon 7/8/09 a (0 H 0 0 0 0 0 N eh 0 L o) d 1- M ti M 0 2 N H N lL 1- 3 0) 0 0) a l0 o) i9 0 O 0) o P') O 40 C CO 0 0 CO h 0 a 0 8 Thu 4/30/09 Tue 3!24/09 Mon 3130/09 0 sr 0 d 0 N k O) UD UD LL O 0 CD a co m -. F M m 1-- 00 a n' c4•) 0 N H 0 ro LL. 0) O c0 rn O m F 0) r L rn r ro m 0) O N r a) O m 5 0) a Y Mon 8110109 Tue 3/10/09 m 0 m O CO 24. Tue 3/10/09 0) 0 M 0 O M M 0 o) H 0) U7 0 C O 2 0 10 t0 N 0) 0 ca N O O) 0 F 0 0 0 0 a) H 0 CD O 0) O r i0 d a n O 4- ti H N m a O T N ro N T al ro d T O 4, ro N 4,) a O m ro -o co a 03 ro 01 } ns a m T v tO A a N to O 0 v N 7+ ro C7 A a r A 03 ro O) T 0 O T Ca a Q T m a m 0 O to 0 O R N. N C11 O a) N T 10 N a) ro m 111 N a m N 0 C 0 O N 0 m O CO �... a) O 0) a) uJ te) rQ v Nv N m co O r) m v V) 'Cr Ia 03 orence to l3 ra N O C 0 O W N v _.J al CO O t 0 r 0 0) P1 O + co O O 0 M sr sr 0 O) 0 + 0 04 EXHIBIT lir, II ,s N Q U a U d 0) M )D I0 U) n U 0 Q Q 0 40 O) 4, m �tl a) to 0 u 7 (0 N )0 0) 40 US ,C 0 ordination Wtri 0 a) E to v E V 40 External Tasks co • m cl P. a E ▪ a i a CO co 2 h- 0 Landscape Wor 03 0 m D m Lon 0 0 m m 2 O 0 03 m of 5 0 V 0) 03 N Concrete Wo Brown (Bagdad to Main co 2 9 so V 0, 4 c 121 8 h U • 0 so03 0 U 0 v e Installation 03 C7 C N m g 0 0 c N y V Q ro to 03 CO m a 2 LU ID 0 2 1 c m m 03 O N (0 0 2 m 110 10 t0 2 0 ffi To m N S 0 0 03 m N 7 2 0) 07 t0 2 03 C 2 D (0 0) 01 .` 10 2 0 2 m 'D R on CD Harris (Bagdad to Main) LO 00 i00 ti n m rn w EXHIBIT CO t 1 D I 1 /Y e 17 SO to 00, 0, G D N N N W Tom E E to to 6 R Q i EXHIBIT D-1 1. AT&T will be given at least 30 days advance notice when the Duct bank is scheduled to be completed. 2. Upon completion of the duct bank, AT&T will have 13 days to pull in cable into all duct bank facilities. 3. After all cable is pulled, AT&T will have a 90 day window to splice all cables. 4. Once all other Utilities (Oncor, TWT and TWC) have been removed from AT&T poles, AT&T will have 14 days to wreck all existing AT&T aerial facilities from AT&T poles as well as other Utility owned poles. EXHIBIT E AT&T'S ESTIMATED COSTS Material cost = $34020 Splicing = $51660 Contract Labor = $27720 Engineering = $12600 The above estimates are based upon information currently available to Southwestern Bell Telephone Company, both as to the scope of the work and as to the company's anticipated costs. These estimates are subject to change due to a number of factors, and the actual costs incurred could vary substantially from these estimates. EXHIBIT "E"