CM-06-03-047CWOTS # : 1183T06
Tax ID # 43-0529710
Page 1 of 4
APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK
March 16, 2006
BILL TO: City of Round Rock
CWOTS Number: 1183T06
Customer Billing Telephone Number:
WORK SITE LOCATION: On the north bound frontage road of IH 35 off Chandler Road
DESCRIPTION OF CUSTOM WORK: The work will consist of placing approximately 1186' of fiber cable
to relocate the existing toll fiber cable.
ESTIMATED LABOR: $37,848.63 ESTIMATED MATERIALS: $503.58
ESTIMATED OVERHEAD EXPENSE: $0;
TARIFF/LICENSE AGREEMENT EXPENSE: $0
COST OF MONEY EXPENSE: $0
CHARGE FOR CUSTOM WORK:
ESTIMATED COST: $ 38,352.21
(Actual charges may exceed this estimated cost.)
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) for such work. The work is to be done
on an "Actual Cost" basis, all charge(s) will be computed in accordance with Southwestern Bell Corporation'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. The Applicant
affirms that the cost estimate furnished by the Telephone Company has been considered only as an estimate of
approximate costs and that the actual costs incurred by the Telephone Company in doing the work at the particular
time and location might be higher. Said estimated cost is subject to change due to any number of factors
including, but not limited to, changing conditions in the field, weather delays, or changes in the scope of the work.
CHANGE ORDERS
Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if
conditions exist that could not have been anticipated by Southwestern Bell Telephone, L.P. at the time of this
agreement, Southwestern Bell Telephone, L.P., will be entitled to additional funds and/or additional time to
complete the work. Southwestern Bell Telephone, L.P. will request such additional funding and/or additional time
through a request for a change order.
Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work,
Southwestern Bell Telephone, L.P. is entitled to seek from Applicant, its agents, servants, or employees, additional
funds as necessary to perform the work, and additional time, as necessary to complete the work. Said request for
additional funds and/or additional time will be through change order.
All change orders will be in writing.
All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before
Southwestern Bell Telephone, L.P., proceeds to execute the work or, if work has been initiated on the project,
continues with executing the work except in an emergency endangering life or property.
CW OTS # : 1183T06
Page 2 of 4
Applicant, its agents, servants or employees, are deemed to have accepted the terms of any change order by
signing where indicated on the change order.
Under no circumstances will Southwestern Bell Telephone, L.P.'s request for a change order be deemed or used
as evidence of delay on the project. Nor will any change order issued in this project be used to charge
Southwestern Bell Telephone, L.P. with responsibility for any alleged delay on the project.
NO DAMAGE FOR DELAY
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, or
any additional work authorized by change order, 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.
PAYMENT
Applicant agrees to make an advance payment of $38,352.21 prior to commencement of the work.
Applicable charges for Custom Work will be billed on a special bill separate from the bill that Applicant receives for
telephone service.
Applicant, its agents, servants, or employees agree to make payment on change orders within thirty (30) days of
the date of signature on the change order. Failure to make payment within the designated thirty (30) day time
period will operate to cancel the change order and Southwestern Bell Telephone, L.P., will cease all work activity
on the project until payment is made.
When the Parties agree to Interval Billing *, the balance of the Contract Price or Actual Cost (as applicable) will be
made in monthly payments. If the Actual Cost made varies from the Estimated Cost, then a correcting adjustment
will be made in the last payment. If the parties cannot agree to Interval Billing, Applicant will make an advanced
payment as indicated above.
* Applicable to orders over $25,000 and work will take 6 or more months to complete.
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.
(Si...3�1
CWOTS # : 1183T06
Page 3 of 4
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days from March 16, 2006 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 estimated price set out above.
STOP WORK ORDER
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 Karen Benton, 1616 Guadalupe, Rm. 503, Austin, TX
78701. 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.
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.
(sirticti)
ENTIRE AGREEMENT
CWOTS # : 1183T06
Page 4 of 4
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.
MODIFICATION & NOTICE
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 SOUTESTERN BELL TELEPHONE, L.P.:
thorized Signature, Title or
ationship to Company or individual
ompany:
Printed Name:
Date: 3-31-oc49
Titl - Manager -Engineering
Date: 03 -itc Q‘
CWOTS # : 1183T06
Tax ID# 43-0529710
March 16, 2006
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 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: SBC Custom Work Order Dept.
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 office at 512-870-3061
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
Manager -Engineering
Southwestern Bell Telephone, L.P.
Date: March 24, 2006
Subject: City Manager Action - March 31, 2006
Item: Consider an action by the City Manager to execute a
Contract with Southwestern Bell Telephone, L.P. for fiber
cable relocation on the north bound frontage road of IH -
35 and University Blvd.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director of Transportation Services
Justification:
The work will consist of replacing approximately 1,186 feet of existing toll fiber
cable in the IH -35 corridor to facilitate the construction of the IH -35 area
improvements currently underway.
FUNDING:
Cost:
Source of Funds:
$38,352.21
4B -RR Transportation Development Corp.
Outside Resources: Southwestern Bell Telephone, L.P.
Background Information:
The improvements to the IH -35 area from University Blvd. to Westinghouse Road
consists of the construction of a turnaround structure at University Blvd., widening
the northbound frontage road from University Blvd. to the north boundary of the
Simon/Chelsea Property, reversing the exit and entrance ramps at University Blvd.
as well as other required improvements.
Public Comment: N/A
Sponsor: N/A
Request for City Council/City Manager Action
n City Council City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name:
Contact Person:
Project
Manager/Resource:
Project Coordinator:
Assigned Attorney:
Transportation Services
Latha Kumar/Tiffany Calley
Bill Stablein
Thomas G. Martin, P.E., Director of TS
Barbara Boulware-Wells
Project Name:
For Administration Use ONLY
ReceiveRECD
Tag # Cki-v(Y V3- O! [,.�
Original Documents Received:' (/' /�i
IH -35 Area Improvements
ContractorNendor:
Funding Source:
Amount:
Account Number:
Council or City Manager Approval Date: 03.31.06
Blue Sheet Wording
Southwestern Bell Telephone, L.P.
$38,352.21
Consider a resolution authorizing the Mayor to execute the attached Contract with Southwestern Bell Telephone, L.P., for fiber cable relocation
on the north bound frontage road of IH -35 and University Blvd.
Finance Information
Is Funding Required? Uj Yes 0 No
CI
0
Finance Approval
EJFinance
EJFinance
EJPurchasing
EJBudget
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
38,352.21
Other (Please clearly identify action on lines below)
Date
Date
Date
Date
Required for Submission of ALL City Council and Citv Manager Items
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature*:
City Manager Signature:
E
Thomas Martin. P E Director
Leg
roval is required for all items.
Date:
Date: 03 23 06
Date:3 .
2/
Date:77 3 -31- 042
Updated 2/16/06
I
Request for City Council/City Manager Action
0 City Council o City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Transportation Services
For Administration Use ONLY
Received:
Tag #
Original Documents Received:
Project Name: IH -35 Area Improvements
Contact Person: Latha Kumar/Tiffany Calley ContractorNendor:
Project
Manager/Resource: Bill Stablein Funding Source:
Project Coordinator: Thomas G. Martin, P.E., Director of TS Amount:
Assigned Attorney: Barbara Boulware-wells Account Number:
Council or City Manager Approval Date: 03.31.06
Blue Sheet Wording
Southwestern Bell Telephone, L.P.
4B -RR Transportation Development Corp.
$38,352.21
Consider an action by the City Manager to execute a Contract with Southwestem Bell Telephone, L.P. for fiber cable relocation on the north bound frontage
road of IH -35 and University Blvd.
Finance Information
Is Funding Required? o Yes 0 No
0
0
0
CISupplemental Professional Svcs. A #
=IPurchasing/Service Agreement
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
EJPurchase Order
Item(s) to be purchased:
Finance Approval
Finance
ElFinance
EJPurchasing
Budget
Amount
38,352.21
Other (Please clearly identify action on lines below)
L. Olsen
N/A E. wilson
N/A HB
Date 3/29/2006
Date 3/28/2006
Date 3/29/2006
Date
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Bill Stablein Date: 03.23.06
Dept. Director Signature: Thomas G. Martin, P.E., Director Date: 03.23.06
City Attorney Signature*: Date:
City Manager Signature: Date:
Legal Approval is required for all items.
Updated 2/16/06
mprovements