CM-06-12-221FROM SBC AUSTIN CMC
(MON) 11. 1i Ob 14:3U/61. 14: 2U/NU. 4tibU7 I I io I r
CWOTS # : 5770T06
Contract Price — Tax # 43-0529710
Page 1 of 4
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APPLICATION and LETTER OF AGREEMENT FOR CUSTOM WORK
November 13, 2006
BILL TO: City of Round Rock
WORK SITE LOCATION:
DESCRIPTION OF CUSTOM WORK:
CWOTS Number: 5770T06
From 301 W. Bagdad Rd. to 200 W. Bagdad Rd.
Placing tie fiber cable & a strand, lashing the cable to the strand,
placing the cable in the customer owned conduit, place 2 anchors
& downguys, remove 1 anchor, rod, & down guy .
LABOR EXPENSE 87,269.08; MATERIAL EXPENSE: 81,616.00; OVERHEAD EXPENSE $0;
TARIFF/LICENSE AGREEMENT EXPENSE: 80
COST OF MONEY EXPENSE: 80
CHARGE FOR CUSTOM WORK: CONTRACT PRICE: $ 8,885.08
Applicant requests that Southveestem Bell Telephone, L.P. d/b/a AT&T Texas, (hereafter "SWBT'). 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 Southwestem Bell Telephone,
LP.'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 ser;-vimilliu payment of
CANCELLATION
$ 8,885.08
Initial Here
If the Applicant cancels the work prior to completion, Applicant must notify
writing of said cancellation.
i6iRtYiCtfiiOM
upon completion.
Date
tem Ben Telephone, L.P.. in
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 November 13, 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.
OA- Dle
11/13/2006 HON 14:32 ETI/RX NO 83911 01003
-FROM 'SBC AUSTIN CMC
lk •
at&t
November 13, 2006
(MON) 11. 13' 06 14:29/ST. 14:20/No. 4860111361 r 2
CWOTS # : 5770T06
Dear Mr. Wilson:
This letter is in regards to your request for Southwestem 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:
Southwestem Bell Telephone, L.P.
Attn: Custom Work Order Department
817 W. North Loop Blvd. Room 200
Austin, TX 78756
Payment will be accepted via US Postal Service,
Express Mail, or Courier. No payment or contract may
be hand delivered for security reasons. Thank you for
your understanding.
If you decide not to proceed with this work, please calf us at the number below so that we may
cancel your request. Please refer to the record number at the top of your application to assist
us in locating your file.
Sincerely,
Karen Benton
Manager -Engineering (512) 870-4944
Southwestem Bell Telephone, L.P.
GnA-01/- la -aaI
Raiiivect
SCQnned,on
(Alt flail
11/13/2006 MON 14:32 [TX/RX NO 8391] 0002
FRO) SBC AUSTIN CMC
(MON) 11. Ob 14=jU/SI.14:lU/hu.4tibuitiioI r i
CWOTS # : 6770T46
Contract Price — Tax # 43-0529710
Page 1 of 4
atact
APPLICATION and LETTER OF AGREEMENT FOR CUSTOM WORK
November 13, 2006
BILL TO: City of Round Rock
WORK SITE LOCATION:
DESCRIPTION OF CUSTOM WORK:
CWOTS Number: 5770T05
From 301 W. Bagdad Rd. to 200 W. Bagdad Rd.
Placing tie fiber cable & a strand, lashing the cable to the strand,
placing the cable in the customer owned conduit, place 2 anchors
& downguys, remove 1 anchor, rod, & down guy .
LABOR EXPENSE: $1,269.08; MATERIAL EXPENSE: $1,616.00; OVERHEAD EXPENSE: $0;
TARIFF/LICENSE AGREEMENT EXPENSE: $0
COST OF MONEY EXPENSE: $0
CHARGE FOR CUSTOM WORK: CONTRACT PRICE: $ 8,885.08
Applicant requests that Southwestern Bell Telephone, L.P. d/b/a AT&T Texas, (hereafter "SWBn. act as its agent
in performing the above-desdIbed custom work on Applicant's behalf. Applicant agrees 10 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 4f#3pONOVil payment of $ 8,885.08
CANCELLATION Initial Here
If the Applicant cancels the work prior to completion, Applicant must notify Sou
writing of said cancellation.
\on completion.
Afti Date
em Bell Telephone, L.P., in
If Applicant elects to cancel the work prior to completion, Appticant agrees to pay Southwestern Bell Toicphone,
L.P. for the costs it has Incurred in starting performance under the contract. if Applicant has made an advance
payment, Southwestern Beit 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 front November 13, 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.
11/13/2006 IKON 14:32 (TX/RX NO 83911 1003
PROD'SBC AUSTIN CMC
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STOP WORK ORDER
(MON)11. 13'06 14:30/ST. 14:20/NO. 4860711367 P 4
CWOTS # : 5770T06
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, retum 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 vold 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 Southwestem 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.
11/13/2006 HON 14:32 [TX/RX NO 8391] a004
ON111.13' 06 14:30/S1.14:20/N0.4860111361 r '
ONOTS # 5770106
Page 3of4
. FROM, StC AUSTIN CMC
a `&` Applicants agents.
Y LP., liable to Applicant. App Work order -
NO DAMAGE FOR DELA custom
Southwestern Bell Telephone, that forms the basis for this
owill San alleged delay on the project
Under no circumstancesfor any
employees or contractors,
O COMPLETE that the project. will
TIMET encs, servants or emPbye�
LP., its a9
Southwestern Sell Telephone,strictly an estimate and not binding
subject to changingst11
Any representation by South certain time periods completion ester Be
by a certain date or ants,All estimatedutilities are withinubjec to hH►
Bell
be completeits agents, servants, or employees.ow, fe1�,ton of existingdisputes, and other
Telephone. LP., es in the scope labor disputes, vendodcontractor mployees, could not
conditions in the field, Chang weather decays, hone. L.P., its agents, servants, or
Telephone, or circumstances control. Acts t God, tem Bell Telephone. conditions circume � �e �� Southwestern
the estimate.
reasonably anticipate
AND ARBITRATION subject matter of this agreement, or any term
CHOICE any LAW between the tam concerning the to binding arbitration terms the
S
contained
dispute arse to or claim shall be submitted prevailing
Pam di any such dispute will be
American
Arbitration
t the parties 0 The t�ties further agree that the
American Arbitration Association•
entitled to recover attomei%s fees and costs of arbitration•
overs the application of this agreement and all terms contained therein.
Texas law g
D HOLD HARMLESS and hold harmless
INDEMNIFICATION AN to indemnify against any and
Ap
and employees hereby agree from and a9 persons,
Southwestern
Its agents, Telephone, erhonL.P., and its employees, agents and contractors. or death alto st
to property or injury
Southwestern Bellexpenses,
judgments or actions for damagethis property
to the extent any sons,
of lsagee sent, servants, or employees.
alluch
claims, costs, expenses+ the work that is the subject
claims
arising from or relating
claims are caused by the negligent acts or omissions of theApplicant,
ENTIRE AGREEMENT agreement and there are no other
The parties agree that the terms set forth herein con
be the entire agtrtiseement between the padres.
agreements regarding the Project that is the subject of
11/13/2006 MON 14:32 ITX/RX NO 83911
FROM 8 C AUSTIN CM",
at&t
MODIFICATION & NOTICE
(MON)11. 13'06 14:30/ST. 14:20/Na 4860711367 P 6
CWOTS ft : 5770T06
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 wilting and serving said writing via certified mail, return receipt requested.
ACCEPTED FOR CUSTOMER: ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE, L.P.:
ed Signature, Title or
onship to Company or Individual
any: City of Round Rock
Printed Name: James R. Nuse P.E.
City Manager
CAt9 rfl_
Title: Manag Engineering
Date: I a -a -A ° U p Date: November 13, 2006
11/13/2006 MON 14:32 [TX/RX NO 83911 a006
DATE: December 11, 2006
SUBJECT: City Manager Approval December 15, 2006
ITEM: Action authorizing the City Manager to execute agreement
with AT&T for Fire Station No. 2.
Department: Engineering & Development Services
Staff Person: Tom Word, Chief of P.W. Operations
Larry Madsen, Liaison Construction Manager
Justification:
Install network fiber optic connection from 301 W. Bagdad to 200 W. Bagdad
for Fire Station No. 2., and some under ground existing conduit to be used
along with overhead installation on TXU poles.
Funding:
Cost: $8,885.08
Source of funds: 2002 GO Bonds
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A