Loading...
R-06-05-11-13D3 - 5/11/2006RESOLUTION NO. R -06-05-11-13D3 WHEREAS, the City of Round Rock wishes to enter into an Application and Letter of Agency for Custom Work with Southwestern Bell Telephone, L.P. ("SWB") for the relocation of telephone facilities owned by SWB along IH 35 and east of University Boulevard, formerly known as Chandler Road, in connection with the IH -35 Area 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 Application and Letter of Agency for Custom Work with Southwestern Bell Telephone, L.P., 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 amended. RESOLVED this llth day of May, 2006. ST: 2.J7katiitit CHRISTINE R. MARTINEZ, Citycretary NY @PFDesktop\::ODMP_/WORLDOX/0:/WDOX/RESOLUTI/R6051TD3.WPD/sc or t .f Round ock, Texas FROM SBC AUSTIN CMC (WED) 5. 3'06 10:36/ST. 10:35/NO, 4860711559 P 3 CWOTS # : 2109T06"Revision 1* Tax ID #fi 43-0529710 Page 1 of 4 at&t APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK May 3, 2006 CWOTS Number; 2109T06 BILL TO: City of Round Rock WORK SITE LOCATION: Along IH 35 and east of Chandler Road DESCRIPTION OF CUSTOM WORK: The work will consist of relocating the telephone facilities, manholes, and the fiber and copper cables. ESTIMATED LABOR: $ 131,583.08 ;ESTIMATED MATERIALS: 44,196.62 ESTIMATED OVERHEAD EXPENSE: $0; TARIFF/LICENSE AGREEMENT EXPENSE: $0 COST OF MONEY EXPENSE: $0 CHARGE FOR CUSTOM WORK: ESTIMATED COST; $1Y 7 370 .70 (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 QRDERS 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. FROM SBC AUSTIN CMC a `&Ct (WED) 5. 3'06 10:36/ST. 10:35/NO, 4860711559 P 4 CWOTS # : 2109T06 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 Southwestem Bell Telephone, LP., its agents, servants, or employees, could not reasonably anticipate at the time of the estimate_ PAYMENT $ J521000 Applicant agrees to make an advance payment of Applicable charges for Custom Work will be billed on a special4ll� prate from the billthat Applicanrior to commencement of thet receives for telephone service. Applicant, its agents, servants, or employees agree to make payment on change orders within thirty the date of signature on the change order. Failure to make payment(30) (30) days of period will operate to cancel the change order and SouthwesteBell Telephone, LP.,designatedwill cease thirty work activity on the project until payment is made. When the Parties agree to Interval Bluing " 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, Southwestem 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. FROM SBC AUSTIN CMC at&t (WED) 5. 3' 06 10:37/ST. 10:35/NO. 4860711559 P 5 CWOTS # : 2109T06 Page 3 of 4 ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 clays from 3, 2006 If the ch not accepted within 60 days the order will be cancelled and a new order will eed to be placed. The s cond es are 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, 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 valld 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, deduct any expenses incurred in performing the work from Applicant's advance payment and refund any remainlig funds to Applicant. Under no circumstances will Southwestern Bell Telephone, L.P., be responsible to alleged damages or additional expenses incurred byApplicant for any to "hold' work on the project. Applicant as a result of a stop work order or an order 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. FROM SBC AUSTIN CMC at&t ENTIRE AGREEMENT (WED) 5. 3' 06 10:37/ST. 10,: 35/NO, 4860711559 P 6 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, retum receipt requested. ACCEPTED FOR CUSTOMER: ACCEPTED FOR SOUTHWESTERN BELL TELEPHONE, L.P.: Authorized Signature, Title or Relationship to Company or Individual Company: Printed Name: Title: Manager -Engineering Date: Date: May 3, 2006 DATE: May 5, 2006 SUBJECT: City Council Meeting - May 11 2006 ITEM: 13.D.3. Consider a resolution authorizing the Mayor to execute an Application and Letter of Agency for Custom Work with Southwestern Bell Telephone, L.P. for the relocation of telephone facilities along IH 35 and east of University Boulevard. Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director Justification: Relocation of telephone facilities are needed in order to continue with construction of widening the northbound frontage road of IH -35. Funding: Cost: $175,779.70 Source of funds: 4B Funds Outside Resources: Southwestern Bell Telephone, L.P./AT&T Background Information: The improvements to the IH -35 area from University Boulevard to Westinghouse Road consists of the construction of a turnaround structure at University Boulevard widening the northbound frontage road from University Boulevard to the north boundary of the Simon/Chelsea Property, reversing the exit and entrance ramps at University Boulevard as well as other require improvements. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS FROM .SBC AUSTIN CMC (WED) 5. 3' 06 10:36/ST. 10:35/NO. 4860711559 P 3 CWOTS # : 2109T06"Revision 1* Tax ID # 43-0529710 Page 1 of 4 a act APPLICATION and LETTER OF AGENCY FOR CUSTOM WORK May 3, 2006 BILL TO: City of Round Rock WORK SITE LOCATION: DESCRIPTION OF CUSTOM WORK: CWOTS Number: Along IH 35 and east of Chandler Road The work will consist of relocating the telephone facilities, manholes, and the fiber and copper cables. ESTIMATED LABOR: $ 131,583.08 ;ESTIMATED MATERIALS: 44,196.62 ESTIMATED OVERHEAD EXPENSE: $0; TARIFF/LICENSE AGREEMENT EXPENSE: $0 COST OF MONEY EXPENSE: $0 � _ 5 CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ ^n (Actual charges may exceed this estimated cost) CP Applicant requests that Southwestern Bell Telephone. L.P. act as its agent in performing the above-described om, 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) wilt 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, LP. 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. le -04-0f-11-1303 FROM SBC AUSTIN CMC 'slow at&t (WED) 5. 3'06 10:36/ST. 10:35/Na 4860711559 P 4 CW OTS # : 2109T06 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, 1,14\`"� ' relocation of existing utilities not within Southwestern Bell Telephone, L.P,'s control, Acts of God, weather delays 1. CV \ labor disputes, vendor/contractor disputes, and other conditions or circumstances that Southwestern Bell Telephone, LP„ its agents, servants, or employees, could not reasonably anticipate at the ti r e ofd a estima PAYMENT /S�a pQ I 1 r i1tG Applicant agrees to make an advance payment of $ nnNN�- of t�9:�'d prior t orr�mencemen commencement the work. t" 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 Some 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 advancea refunded to Applicant. p Y►nent• Any amount remaining will be FROM'.SBC AUSTIN CMC aLBCt (WED) 5. 3' 06 10:37/ST. 10:35/NO. 4860711559 P 5 CWOTS # : 2109T06 Page 3 of 4 ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 days from May 3, 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, 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. Southwestem Bell Telephone, LP., 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 shalt 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. FRO1't SBC AUSTIN CMC at&t ENTIRE AGREEMENT (WED) 5. 3' 06 10 : 37/ST,_ 10,; 35/NO, Page 4 of 4 The parties agree that the terms set forth herein constitute the entire agreement and there are no agreements regarding the project that is the subject of this agreement between the parties. i1559 P 6 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 pi r. uch information in writing and serving said writing via certified mail, return receipt requested. AC EPTED FOR C S ACCEPTED FOR SOUTHWESTERN BELL TELP' E, LP.: uthorize• ignature, Title or Title: Manager -Engineering Relationship to Company or Individual Company: Gt I Ty OF ROUND R OCG Printed Name: /uyL6 mPKu L1,) MA'QR., Date: 5-11-04o Date: May 3, 2006