CM-06-04-098CWOTS # : 2126T06
Contract Price — Tax # 43-0529710
Page 1 of 4
APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK
April 20, 2006
BILL TO: City of Round Rock
WORK SITE LOCATION:
DESCRIPTION OF CUSTOM WORK:
CWOTS Number: 2126T06
At Blair Street and Bagdad Avenue
The work will consist of relocating an existing 100 pair copper
cable, spliceing and testing pairs, and placeing and reconnecting
the service wires at the pedestal.
LABOR EXPENSE: $10,182.09; MATERIAL EXPENSE: $166.36; OVERHEAD EXPENSE: $0;
TARIFF/LICENSE AGREEMENT EXPENSE: $0
COST OF MONEY EXPENSE: $0
CHARGE FOR CUSTOM WORK: CONTRACT PRICE: $ 10,348.45
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 $ 10,348.45 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 April 20, 200 6 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.
Ciwou-04-4A8
CW OTS # : 2126T06
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at&t
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, 817 W. North Loop Blvd., Room 200,
Austin, TX 78756. 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.
CW OTS # : 2126T06
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atsct
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, 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.
CW OTS # : 2126T06
Page 4 of 4
at&t
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 SOUTHWESTERN BELL TELEPHONE, L.P.:
rized Signature, Title or
ionshie to Company or Individual
Company: Cl
'4\ f Q� 6Ztst t hd £dc ►
Printed Name: Tames 4 mAsefte.
Date: it --2.8-04
Title: Manager -Engineering
Date: April 20, 2006
DATE:
SUBJECT:
ITEM:
April 24, 2006
City Manager Approval April 28, 2006
Action authorizing the City Manager to execute an
agreement with AT&T to relocate existing 100 pair copper
cable, splicing and testing pairs, and placing and
reconnecting the services at the pedestal for Fire Station
No. 2 project at Blair and Bagdad.
Department: Engineering & Development Services
Staff Person: Larry Madsen, Liaison Construction Manager
Justification:
The parking lot for Fire Station No. 2 will be located over an easement in
which AT&T has copper cabling. The cabling will have to ,be lowered and
relocated within the easement due to the grade for the parking. This work is
required and the remaining underground will meet the plans for the future
Southwest Downtown Project.
Funding:
Cost: $10,348.45
Source of funds: 2002 GO Bonds
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A
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: Engineering & Development Services Project Name: Fire Station No. 2
For Administration Use ONLY
Recei
Tag #
Original Documents Received:
lb etc, Stiote
t
Contact Person: Lathe Kumar/Tiffany Calley ContractorNendor:
Project
Manager/Resource: Larry Madsen
Project Coordinator: Larry Madsen
Assigned Attorney:
Blue Sheet Wording
Council or City Manager Approval Date:
Funding Source:
Amount:
Account Number:
4/28/2006
AT&T
2002 GO Bonds
$10,348.45
Action authorizing the City Manager to oexecute an agrement with AT&T to relocate existing 100 pair copper cable, splicing and testing pairs, and placing and reconnecting the service
at the pedestal for Fire Station No. 2 project at Blair and Bagdad.
Finance Information
Is Funding Required? Cl Yes ® No
EJ
0
EJPurchasing/Service Agreement
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
Purchase Order
Item(s) to be purchased:
14;/ Other (Please clearly identify action on lines below)
Finance Approval
EJFinance
Finance
EJ Purchasing
Budget
Required for Submission of
Date
Date
Date
Date
Amount
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature*:
City Manager Signature:
itv Council an ity Manager Items
Date: 9.Z4' O,6
Date: 4 - 2- `E - <
Date: 9-24-
-28-1)40
Date:
Prove/ is required for all items.
Updated 2/16/06
Request for City Council/City Manager Action
City Council
Ej City Manager
For Administration Use ONLY
Received:
Tag #
Submit completed form for all City Manager and City Council approvals.
Original Documents Received:
Department Name:
Contact Person:
Project
Manager/Resource:
Project Coordinator:
Assigned Attorney:
Engineering & Development Services
Latha Kumar/Tiffany Calley
Larry Madsen
Council or City Manager Approval Date:
Blue Sheet Wording
Project Name: Fire Station No. 2
ContractorNendor:
Funding Source:
Amount:
Account Number:
4/28/2006
AT&T
2002 GO Bonds
$10,348.45
Action authorizing the City Manager to execute an agreement with AT&T to relocate existing 100 pair copper cable, splicing
and testing pairs, and placing and reconnecting the service at the pedestal for Fire Station No. 2 project at Blair and
Bagdad.
Finance Information
Is Funding Required? Yes No
0
CI
0
CI
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
EJPurchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
I=1Other (Please clearly identify action on lines below) 10,348.45
Finance Approval
JFinance
EJFinance
❑ Purchasing
Budget
Agreement for relocating cable & reconnecting service
L. Olsen
N/A E. Wilson
N/A HB
N/A CYD
Date 4/26/2006
Date 4/26/2006
Date 4/26/2006
Date 4/25/2006
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature*:
City Manager Signature:
" Legal Approval is required for all items.
Date:
Date:
Date:
Date:
Updated 2/16/06