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CM-05-07-137PECO JUL 21 2005 Request for City Council/City Manager Action 0 City Council 0 City Manager Submitcompleted form for ALL CityManagefand CRy Counclf approvals Department Name: Transportation seMces Project Name: BMea3Bar breeds For Administration Use ONLY "fag # h,os l31 Decumerafs: L scan Ogle: Return ter Contact Person: Cindy Fronk (CM ONLYelethe Kumar ContracrorNendot sec Project ManagerResource: sbblein Fundug Source: 4B Project Coordinator: Thomas O. Merlin, P.E., Director orTS Assigned Attorney: Barbara &tee a Wells Conned or City Manager Appree VAgende Oats: 7822008 Blue Sheet Wording Amo181t $3, 338.00 Thea ached c INad for Wocariondter and copper cables by SouSsaatern BeaTelephone, IP for Me RM Mb Sea CIb&s project. Names Christine McWez/Shxri Mom* Noone Jones/Cheryl Delaney Teresa Beadsoe Lathe KumariLame Flares Malde Moreno K thy Miller Shelley Gonzales/Rose MoMilin Dale Ricklefs Vnnesse Shrauner/Debble Davila Rick White4344da CQaylor Charles Meseroloreosie Diaz Finance Information Is Funding Required? 1 Yes Q No IOW Construction Contract Construction Contract Amendment #_ Change Order #_ 1 'Change in *ten* IIlnloreseen Circumstances IOW Professional BeeicesAgreement Supplemestol PeofesMonel Svs.Agr. # pCOMYM J Finance Apreoral ©woe QPbence DPamhesin# QBudgel Purchesing/SMMce Agreement Purchase Order Acn(s)to bep hosed Amount Omer (Please deady identify adbn on finest*** $3,339.00 Letter efM uney for Custan Work L. Olsen WA E. Wilson WA CYO Dab Data Date Data 7202005 7202005 71192005 for Submission to ALL City Council and City Manager Action items Project Mgr. Signature: 'ep2 Bili Stablein Date: 7118/2005 Date: July 18, 2005 Subject: City Manager Action - July 22, 2005 Item: The attached is an Application and Letter of Agency for Custom Work from Southwestern Bell Telephone, LP (SBC) for potholing the fiber and copper cables in conjunction with the RM 620 Box Culverts project. Department: Staff person: 3ustification: Transportation Services Thomas G. Martin, P.E., Director of Transportation Services During the construction of RM 620 box culverts, utilities in the vicinity will need to be inspected to insure non -conflict with the City's upcoming RM 620 box culvert installation project. Funding: Cost: Source of funds: Outside resources: Background information: Public comment: N/A Sponsor: N/A $3, 338.00 Southwestern Bell Telephone LP CWOTS # : 3238T05 July 15, 2005 Dear Mr. Stablein: This letter is in regards to your request for Southwestern Bell Telephone, L.P. to perform custom work for you. Enclosed please find an Application and Letter of Agency for Custom Work. This application describes the custom work you have requested along with the associated charges for us to do the work. We require an advance payment on this amount, which is shown on the application. Both the signed application (with an original signature) and the advance payment must be received by our office before we can proceed on your behalf. Our mailing address for these documents is listed below: Southwestern Bell Telephone, L.P. Attn: Custom Work Order Department 1616 Guadalupe Room 503 Austin, Texas 78701 If you decide not to proceed with this work, please call our business office so that we may cancel your request. As always, please feel free to contact our business office at 1 800 303- 7477 if you have any questions regarding this matter. Please refer to the record number at the top of your application to assist us in locating your file. Sincerely, Karen Benton (512-870-3061) Southwestern Bell Telephone, L.P. 8056 Contract Cost CWOTS # : 3238T05 Contract Price — Tax # 43-0529710 Page 1 of 4 APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK July 15, 2005 BILL TO: City of Round Rock WORK SITE LOCATION: DESCRIPTION OF CUSTOM WORK: CWOTS Number: 3238T05 Customer Billing Telephone Number: At the north side of the 17500 block of RM 620 The work will consist of pothole the fiber & copper cables to determine their depth to determine if they need to be raised or lowered to avoid a city conflict. LABOR EXPENSE: $3,338.00; MATERIAL EXPENSE: $0; OVERHEAD EXPENSE: $0; TARIFF/LICENSE AGREEMENT EXPENSE: $0 COST OF MONEY EXPENSE: $0 CHARGE FOR CUSTOM WORK: CONTRACT PRICE: $ 3,338.00 Applicant requests that Southwestern Bell Telephone, L.P. act as its agent in performing the above-described custom work on Applicant's behalf. Applicant agrees to pay the charge(s) indicated above for such work. The charge(s) will be computed in accordance with Southwestern Bell Telephone, L.P.'s ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and sundry billings from sub- contractors and suppliers for work and materials related to the job. Applicant agrees to make an advance payment of $ 3,338.00 prior to commencement of the work. CANCELLATION If the Applicant cancels the work prior to completion, Applicant must notify Southwestern Bell Telephone, L.P., in writing of said cancellation. If Applicant elects to cancel the work prior to completion, Applicant agrees to pay Southwestern Bell Telephone, L.P. for the costs it has incurred in starting performance under the contract. If Applicant has made an advance payment, Southwestern Bell Telephone L.P. will deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be refunded to Applicant. PRICE QUOTE The price is guaranteed for 60 days from July 15, 200 5. If the charges are not accepted within 60 days the order will be cancelled and a new order will need to be placed. The second estimate may be higher than the price that was originally quoted. 8056 Contract Cost C,rn-05-ai-13-7 (1/4,!:"E") STOP WORK ORDER CWOTS # : 3238T05 Page 2 of 4 In the event that Applicant issues a stop work order, or places the project "on hold", at any point during the progress of the work, said stop work order or request to "hold" work must be issued in writing and must be delivered via certified mail, return receipt requested to Bill Mize, 11930 Airline, Rm. 215, Houston, TX 77037. If Applicant issues a stop work order, or a request to "hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein will expire and a new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the contract price quoted in this custom work order. If, after issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must inform Southwestern Bell Telephone, L.P., in writing of the cancellation. Southwestern Bell Telephone, L.P., will deduct any expenses incurred in performing the work from Applicant's advance payment and refund any remaining funds to Applicant. Under no circumstances will Southwestern Bell Telephone, L.P., be responsible to Applicant for any alleged damages or additional expenses incurred by Applicant as a result of a stop work order or an order to "hold" work on the project. CHANGES IN SCOPE OF WORK OR CHANGES IN FIELD CONDITIONS The parties recognize that this is a fixed cost contract. However, if Applicant initiates changes in the scope of the work after Southwestern Bell Telephone L.P., has provided Applicant with the above referenced price quote, or after Applicant executes this fixed price contract, whichever is earlier, the above price quote and this contract are null and void and Applicant must request that a new estimate be provided based on the revised/altered scope of work. In the event that there exists a condition in the field that is different from field conditions that existed at the time Southwestern Bell Telephone, L.P. provided the above referenced price quote to Applicant, or after Applicant executes this fixed price contract, whichever is earlier, the above price quote and this contract are null and void and Applicant must request that a new estimate be provided based on the changed field conditions. Field conditions that may materially alter the scope of the work and/or the cost associated with the work include but are not limited to conditions that exist below the surface of the ground and could not have been anticipated at the time of the price quote, above ground barriers, Acts of God affecting the progress or sequencing of the work, labor disputes, and other conditions or circumstances that Southwestern Bell Telephone, L.P., could not reasonably anticipate at the time of providing the above referenced price quote to Applicant. 8056 Contract Cost NO DAMAGE FOR DELAY CWOTS # : 3238T05 Page 3 of 4 Under no circumstances will Southwestern Bell Telephone, L.P., be held liable to Applicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this custom work order. TIME TO COMPLETE Any representation by Southwestern Bell Telephone, L.P., its agents, servants or employees that the project, will be complete by a certain date or certain time period is strictly an estimate and not binding on Southwestern Bell Telephone, L.P., its agents, servants, or employees. All estimated completion dates are subject to changing conditions in the field, changes in the scope of the work, relocation of existing utilities not within Southwestern Bell Telephone, L.P.'s control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone, L.P., its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. CHOICE OF LAW AND ARBITRATION Should any dispute arise between the parties concerning the subject matter of this agreement, or any term contained therein, the parties agree that the dispute or claim shall be submitted to binding arbitration before the American Arbitration Association. The parties further agree that the prevailing party in any such dispute will be entitled to recover attorney's fees and costs of arbitration. Texas law governs the application of this agreement and all terms contained therein. INDEMNIFICATION AND HOLD HARMLESS Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless Southwestern Bell Telephone, L.P., and its employees, agents and contractors, from and against any and all claims, costs, expenses, judgments or actions for damage to property or injury or death to persons, and/or arising from or relating to the work that is the subject of this agreement, to the extent any such claims are caused by the negligent acts or omissions of the Applicant, its agents, servants, or employees. ENTIRE AGREEMENT The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements regarding the project that is the subject of this agreement between the parties. 8056 Contract Cost MODIFICATION & NOTICE CWOTS # : 3238T05 Page 4 of 4 Any modification to this agreement must be made in writing and signed by both parties. Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in writing and serving said writing via certified mail, return receipt requested. ACCEPTED FOR CUSTOMER: ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE, L.P.: rized Signature, Title or R:$,nship to Company or Individual Co ny: Cl7y OFROuND ROCK - Printed Name: JA/71E5 R • A)L1SE,P g• Date: 7-A a -Q 6- 8056 Contract Cost Title: Manager - Engineering Date: 0 % /.S- al