HomeMy WebLinkAboutC2005-425 - 8/30/2005 - ApprovedPa~ ! of 14
CONDUIT USE AGREEMENT
This Conduit Use Agreemenl ("Thc Agreemem~) is execulml as of the'~% of
[ .,,. ~,,~. 2005, betwcen CENTURYTF. L ACQUISITION LLC ("CenturyTel~), d/b/a KMC
'l'elccom !11, a limited liability company, a wholly owned subsidiary of CenturyTel, Inc., parent
coml~ny, ami the City of Corpus Christi, Texas ("City"), a Texas home rule muni~al
corl~)ration.
WITNESSETH
WHEREAS in August 1999, the City and KMC Telecom Inc. ~ecuted a fiv~-ytna'
('onduit Use Agreement r~garding KMC use of City conduit;
WHEREAS, as of Jone 30. 20~5, C¢,turyTcl has acquired KMC s,~:m; and
WHEREAS, thc City ia willing to p~.dt, under certain conditions s~ forth here~n, the
u.~ by C,,'nturyTel of certain City-owned conduit for plac~ement of its telecommunica~ona
~iliiies
NOW, THEREFORE, in consideration of the mutual cov~umts, let'ms and condi~iom
herein comained, the parties do I~,rcby mutually covenant and agree as follows:
Section I. l~scription of thc CiW Conduit. A conduit four inches in diameter,
appmxirnatoly 4,868 feet in length, presently containing six handholm, Ioc~ on Oc~m Drive
l'~'t~oen Alameda Stro~ and Sand Dollar Driv~ as depicted on Exhibit A to this Agrg~m~ffc,
which exhibit is fully incorporated her~n by reference.
~tion 2. Us~ of the City Conduit The City shall designate for CenturyTel
exclusive use one of thc throc inner ducts within thc City Conduit. CeaturyTel shall have
t,nrestn~led ingress and egress to its designaled inncr ducL through the handholes depicted in
Fxhihit ~.. for purposes of installing, opcratinff, maintaining, and repairin& ia
Ord026425
¢enturv I't,i vii qui-[[tlon
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tcltxommunications facilit~m. Inslallmion, opma-iorc maintenance and relmh' of C, enmr3q'ol
Iclec~mmunication facilitica within the City public way shall be po'formed in accordAr~Ce with
the ~ms and conditions sct forth in this Asl'~ement and ita exhibits, which are fully incorporeal
hcn'eln by
Section 3. City U~e ofth~ City Conduit. The City ahall hav~ the excltmivc uae oftbe
remaining two inner ducts located within City Conduit.
Section 4. Conq~oaation to Ci~ for Uae of City Conduit. On or befo~ S~a~nber 1
of each year of this Conduit Usc Agreement, City shall invoice CenturyTel ilar sum of $1.56/foot
o! ('lty Conduit, for total of $7.594.80 per year. CenturyTel shall issue payment by ~Oca:~aer I of
each year to City of Corpus Christi, Attention Collection Det:mmncnt, P. O. Box 9277, Corptm
Christi. Texas 7846%9277. All payments should reference Conduit Use ~ent
Section 5. l$~amlge of Permits. CenturyTel must comply with City ordimmcea and
ct<les to reed'ire all necessary City of Corpus Chrimi pennim prior to conmuction, mainteasn~
and relmir of its telecommunications facilities placed in the City Conduit.
Section 6. T~. The lerm of this Agreement shall be for five y~rs, to
upon the passage and approval by thc City Council.
?-~xtion 7. lndc'nmifi~ltiorl. CenturyTel hereby a~___ to indernni~, dofend and
harmlesa the City, its mayor amd council membera, appointed board~ and commissions, officials,
officers, employ~e~ agtonaey~ and insurance carriers, individually and collectivoly, from all
I~scs, claims, suits, demands, expends, subro~o~iona, attorneys' fees or actions of any kind and
nature resulting from personal injury to any person, including empioyves of Cenma-yTel or of any
contractor or subcontractor employed by C~enturyTel (including bodily injury and d_mah) or
damaslm Io any property, arising or alleged to have arisen out of the acts of ~el
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conlraclors~ aubcontractorr~ office~ agents and employee~ while ~xerciain8 any of the right~ or
pnvdeges granted by this Conduit Usc Agreement. The amount and type of insurance covem?
n.~mremenm scl forth herein will in no way be cortstrued as limiting the acope of indemnity in
th~s paragraph. Centm'yTel furthcr agrees and shall have thc right to gppcar, defend, i~leqmify
and hold harmless the Cily in any action, claim or suit challenging thc gnu~. of or any of the
rights con ferrcd upon Centm'yTel by this Conduit Use Agreement.
In~urm~-. C'c'ntury. Tel must ar. xluire and maintain insurance ss ~et forth in
Se:tion 8.
attached e~lu"bit.
Section 9.
Str~ Clotmre. CmturyTel must not ¢lcme or barricade a public street, or
any portion of the public sa'cci, to irmudl, repair, or maintain its telocommanic~on facilitie~
Iocatod wIthin the City Conduit until CenturyT¢l or its contrm~r has _rec_e~ved approval of its
traffic control plan from Cily's Traffic Engineering OMce.
Section 10. CenturyTel must sub,,,it a ~t of conmuction &uwing~ to tl~ City
Engineer Ibr any propo~cl work at lea~t two weeks prior to onset of cormxucfion. The drawing~
mu~l show the depth and location of the propo~d conm'uction and di~am0e fTom the exiltln~
water, ;onnwater, waal. ewater and ~ lines.
Section I I. CemuryTel mu~t verify depth and location of existing W~zr, Wa~ewa~r,
Gas. &EP. taxi Southw~tern Bell Telephone lines, a~ well a~ E~pire, CSW, and CAPROCK
communication fiber optic cables. Prior to the wart of any excavation, CentmyT=l mu~t call the
'1 cxas One Call Systsm~ (1-800-245-4545). 1-800-DIG-TESS and Lone Star Nofficafion Ceme~
{I-800-66~-87. a.) or other Iocntnr service deaigrmled by the City Director of P.n~neerin~
Service, or his designee.
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~ection 12. Century'l'el must not begin work withoul 24 houm prior notice to the
( P & l.. S.W.B.'F.. Waler, Gas, and Wastewater Divisions along with the ACSI, CSW,
(' -kPROCIC and MAN co,,.~mnication fiber ol~ic companies~
Section 13. CenturyTel must properly tl~ulip backfill moand existing utilities in
accora~nce with the City of Corpus Christi Star~xl Specificafiorm, including City W,"~
D~mribution Symem Standardm
Section 14. If dam~,~oe 8risillg out of or co~ with tho irmallation, OlX~tio~
repair or m~intenance of CenturyTel telec~,,munications f~cilifies or is-~r ch~-h~ occu~ to any
~,a~ ~tom~. water, wasxe~am' line~, as determined by the City's repre~gmmve, a City ~
~aicr, or W~tewater Division crew will be brought in and allowed immediately to make all
rcpmrx Excepl for emergency repalr~ City sfl~ll make a i'~mmabl¢ zffort to conlact
CenturyTel',~ representative at 800 7784)949 ~o thal CenturyTel ~ ~n opportunity to have a
representative present during operations. All oftbe City's co~la (htbor and material) as~ci~ted
with the repairs must be paid by CenturyTel within 30 ~ of the City Mmm__gv,r's it~nized
,nvo,ce thereof. City's representative will deterrnine the extent ofdam~e mad amomat ofrepaim
to thc- utility line(s).
Section 15. Work ,,,uund any exi~ng watcr main mu~t be done under the impection
of a Water Division Irmpector at a daily me of 5286.80 for each day ~mt impecting
constructi~m, mainterumc~ repair, replacement or relocation of the City Conduit pummm hereto.
A half-day (4 hoursl or more of work constitutes a whole working day for tmrpo~ of ealculafiom
Any time m e~ce~ of 8 hours a day. or on Saturday. Sunday or Holiday~, mu~t be cal~ at a
daily rote of $53.77 an hour. Owner must pay these f-und~ to the City of Corpu~ Christi, Wat~'
Department. These amounts will be adjusled annually on August 1 to reflect any pay ixmnmae.
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Section 16. Cer~lury'l'el must take every p _ree_~_ufion not to dislxu-b tl~ ~il mm.amding
any exi~ng wal:er or wastewater line, including all thru~ block~
Section 17. Damag~ to driveways, culverts, head wall,, and any other stngtm~ pubtie
or private, e-q,,~cl by CenturyTel, must be repaired by CenturyTel at its expense within 30 chty~
after I~ing notified of darna~c to the same.
Section 18. CcnturyTel must no~ atorc or leave any cquipmont or m~lcrial in City
pubhc way overnight.
Section 19. C~turyTel must notify Street Superintendent (361- 857-1940) 24 houra
prior to alerting work, and must have a rcprcs~tnfive present during back. fillin~ ~ p~velxle~
Scc6on 20. CcnturyTcl must provide prop~' safe~y and ~curity dcwicca to prevent
possible injuries or accident. No op~ trenches or pits arc to be left oven-fight. All trcrw,~
must be be.~fillcd promptly, the backfill properly compacted, auffacc restored, and tbe wo~
done in a n~t and workmanlike manner.
Section 2 I, CcnturyTcl mu~t comply with all applicable Fcderal, Sta~ and local ~
and rognfl_nt~ons, as may be amended. Interpretation of this Agreement and thc dghla ~ dutica
created hereunder shall he pursuanl to the Constitution and laws of thc Stat,, of Tcx~a and thc
t'hartcr end ordinances of thc City.
Section 22. Binding Effcct. This Agre~nncnt ~mll cxtond to and bind thc euccea~ora
and ~nsigns of thc parties hcrcto.
Section 23. CenturyTcl shall not be excused fn)m complyin8 with any of tho term~
and condilions of this Agrccmcnt by any failure of the City on one or more occ~orss to emforcc
compliance with such terms and conditions.
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Section 24. Aui~l/uu,.'n~- Neither party shall have the riL~,t, to a~ign fl~i,~ ~ in
x~hole or in par~ without the wriuen consent of the other party, which conaeut ~ not be
t,nreaaonably withheld.
Section 25. Notice. Any notices ruquired or provided in tl~ admini~'ation of thl.
Agreement ahall be addressed, s~nt by overnight delivery or certified mail, aa foliowm:
Iflo ,he City: City of Corpus Christi
1201 Leopard Strvet
P.O. Box 9277
Corpus Christi. TX 78469
Atto: City Mm~t~r
I1' to CenturyT¢l:
~'ith a copy:
CenturyT¢l Acquisition LLC
Attn: Daniel A. Davis, F_~q.
14567 North Outer Forty Road, Suite 500
~]eld, Missouri 63017
The Boles Law Firm
At'm: L. Scott Pm'ton
1818 Avenue of America
Monroe, Louisiarm 71201
Section 26. Modific, al;iow. All terms and conditions of ~ A~ ate eora~d
her~in and any modifications shall be in writing and approved by ordinamm ~xoq~t aa ~
cxpmmly provided heroin.
S~ction 27. Pn~mption. No provision of this Agr~nnent shall bo ~ void or
unenforceable aa a result of state or federal p/,~;,,,~,tion unless and m~l ~o de~'mi~ed by a final.
mm-appealable order of a state or federal agency or court.
Section 28. Pubhc~on. CcrnuryTel shall pay all costa of publication of notice aa
requlr~ by the City Charter.
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IN WITNESS WHEREOF, the partiea have cau~d this Agr~ancnt W b¢ ~x~a~:d by
fl~eir duly authori7~l repres~tmiv~s a~ ofth¢ clare first ~flaove written.
· s,'I'I'EST: CENTURYTEL ACQUISITION LLC
N~ne: St,,
Title: Senior Vi~: Pr~idem & ~ Counsel
~TATE OF LOUISIANA §
PARISH OF OUACHITA
I'his in~'ument w~ ~eknowledsed before me on this ~ chiy of July, 2005, by
Staccy W Goff, Senior Vice Preaident & General Counsel, on b~halfofs~fid limit_nd I.i~bility
c'oml:~ny.
L. on, oU~/Public
Bar #17087, Notsry #16930
Stats: of Louiaimm, Pariah of Ouae. h~
Commission F_,xpirm: Good For Life
['TEST:
THF CITY OF CORPUS CHRISTI
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EXHIBIT B INSURANCE
ia} CcnturyTel ~mli obtain and maintain in full force and effect throu~mhout the term of tlfia
a~ent, and any extension or nmewal tberoof, insuravt?.__ with an insmm.~ coatlamy ~
to do buaine~s in the Stat~ of T~ata, and ac~ptabl¢ to th{: City. Thc irmm'anc¢ ~ be immt in
the stanaard form approv~ by thc: Stat~ Bo~d of Instu'ance. C~nturyT~l almll prrnri,'~ City with
proofofsuch irmtum~ce ao required al the time ol'exeoRion ofthe agrc~nmlL TI~ City l~¢m
the right ~o review ~ irma'anc¢ requirements during the effective period of file ~ent,
and any cxtenaion or r~mewal thereof, and subject to the proviso next following, to adjult
insurance covc'ral~ and their limits when deemed n___,'ycesaary and prudertt by the City in the
c.xorci~e of' rea~m~le judgment baaed upon chang~ in ~.atutory law, court decisiona or tho
· laims hiatory of the industry or of' CcnturyTel; provided any such edj~hnent rrmy be m~de by
Ih¢ t'ity only if such adjuslmem is made effective to all holdera of A~ ~imilm' to ~
a~rccm~l.I.
{h! Subject to CenturyTel's right to maintain rea~n~le deductible~ and ~Lt'-irmu~
retention, the insurance policy r~lui_red by this section glmll p~uvide tl~ the imu~r will defend
agairm all claims and lawsuits which arise and pay any final judgment of a court of competetm
jurisdiction againat thc City, or CemuryTel or the agent~ servant~ officer~ or employees of
either lea' d~Emges or injuries reaulting from thc ac~ of ~nmryTel, or C_.emm'yTel's ~pmt~
servants, or employees pur~mnt to this agreement. The maximum amomat rocoverable under
such policy shall be not lesa than $250,000 for each pcraon and $500,000 s"oz {nigh aingte
t~:currencefor bodily injury or death and $100,000 for eseh single ocx:urmnc¢ for injury to or
destruction of property.
{¢~ Thc City s~all be entitled, upon rcquem and without expe~e, to receive copie~ of the
policies taxi all endorsemenm thereto. The City may make any nm~ormbl¢ reque~ l'u~ deletion,
rcvi,qon or modification of particular policy termx, conditiorm, lirnitatiorm or ex¢ltmion~, which
are necessary for the policy to provide I~c coverage required in thia Section, except where policy
prowsions am established by law or regulation binding upon either city or Cealxa'yTel or upan
thc underwriter for any of such policies. Upon r~luest for deletion, revision or meclific, mion by
the ¢'ity. Centm-yTel ahall ex~.iae rcasormble cfforts to a~compliah the changea in policy
coverages, and shall pay the cost thereof.
(d~ CenturyTcl agrees that with respoct to the above required inmmmcc, all insurance
contracts will contain the following required provisions:
ii) The City ami its officcr~ eaLuloy~cs, board mernbe~ and elected rqarcacntafivea
shall be nmned aa an additional insured (aa the interests of esch may al:~c~tr) aa to all applicable
covcq-age;
iii) Contra~ ahall provide for thirty days notice to the City prior me. an~llafion,
revocation, non-nme, wa.I, or material change;
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Iii0 Notice r~iuir~l by this section nlutll be deliver~cl to the City Scct'~tnty by cerfifiod
mall: and
(ix} All provi~ion~ of Ihe %oreement. as ~ne~ded, comerning liability,
slandard of,'~,'e, including ~ indemnity, of thi~ asreement, ~11 be und~'writte~ by contmctu~
v.,vemge .sufficient to include such obli~fion~ within sp~iicabl¢ policie~
ici Insurers shall h~ve no fight of recovery ~irm the City. it bein~ the intmtion that the
insurance policies slufll pro~ect CenturyTel stol the City and ~'mll be primm'y coverage for ali
losses coverod by the policies.
I I's The policy cl,~u~ "Other Irmumnee" shall not ~ply to the City to tho ~rtumt the City i~ an
insured on the policy.
~8) Companies iszuing the insurmace policie~ ~utll have no recoum: against the City for
payment or,ny premiums or as~zsments which are the sole risk of Centm'yTel.
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EXHIBIT C
RELOCATION AND CITY USE OF CENTURYTEL FACILITIES
(al (1) As a furthcr cons~de~tion for the gnmfin8 of this fnmchi~e.,, C_.emuryTel in
conjunction with the requirements of any City project ~'mll at its .hie expez~ make ~uc.h
rclocalions of its facilities within City right.of-way or take other ~ u may be ~ to
Ihcihtalc such City pmjeot. Such relocationz ~aall be ur~d~r the ~arn~ term~ and oomlition', a~ the
imtial in~lallation allowed pursuant to this franchise.
(2~ The City reserves the right to lay, and permit to be laid, sewer, ga~ watex, and other
ptpe lines or cables and conduits, including telecommunications and cable televiaion iinm, and to
· ~ and permit to be done any underground and overhead work flug may be deemed nece~m'y or
propcr by the City, in, acro~ along, over, or under any rig, hr-of-way occupied by CenturyTel,
and Io chlI. BI~ any curb or 8Jd~'walk or th~ gr'tglB of any sitter. In lxgrformin~ or 1~, ,,,;t'd:ng reich
~ork to ~. &:m~, the City shall not be liable to CenturyTel for any dmrmgm rclgted to m~e.h work,
.or shall Ibc City be liable to CenturyTel for any damages not proximm,qy cau~d by thc City''.
~le oegligence, providc~ however, nothing herein shall relieve any othcr per~m or COl'lXa~on
from liability for dams%,~, to facilities of CenturyTel.
13~ In the event that thc City authorizc~ abutling landowncr~ to occupy Rmcc under tl~
surface of any street, alley, highway, or public plac~ such 8i-,,,,i to an abutting Imxlowner ~
be subject to thc rights of CenturyTcl described herein. In the event that the City plm~ to clo~e or
abandon any fight-of-way which contains any cxiating CentmyTel facilifie~ City ~ufll, (1) give
notice of the date the city council is to consider the closure or abandonmeffg (2) if requested by
('cmturyTel. reserve a continuing fight for CenturyTel's facilities, and (3) make any aubeequent
conveyance of land involved in the closure or abandonment aubjoct to the specific fi~aht of
continued occupancy by Ccntm'yTel or require the be~neficiaries of the cloanxe or abandonmera to
pay the costa associated with relocation of CernuryTel facilities to alternate ac~ptablc locations.
~4) Whencvcr it ~hall be ~ m require CenturyTcl to ~lter, clumge, ~ or
conform its facilities within thc fight-of-way, sach alterations or chang~ ~ be made
promptly, with cormidcmtion given to thc waLgnitudc of such alter~iom or ~ withom
claim for reimbursement or d~mages agalm;t thc City. If any '.uch rcquinm~cnt~ i .ml~c a
financial hardship upon Ce~turyTcl. CenturyTcl ~dutll have the fight to preseet alternative
proposal', to the City. and the City shall give due consi&~uiion to any such altmmive Frope~s.
I~ is underatood and further provided, however, that the City ,,hall not require CenluryTcl to
remove its facilities enl. irely from such fight-of-way. If the City requires CenturyTel, to afl .,~t or
conform its facilities to enable any other entity or perso~ except the City, to aae., or to uae with
grc~atu'r convenience., or rights-of-way, CcnturyTcl shall not bc required to make any ~neh
changes until such other entity or person shall rcimbume or make armngemen~ ~ to
('¢muryTel to reimbune CcnturyTcl for ~ny lo~s and cxpermc ca,mod by or ariaing out of such
chang~ provided, however, that the City shall never be liable for sm:h reimbumement.
15) For public improvement projects where, after notification that fa641ity relocation ia
n.xlmred, ('enturyTcl hasi not, prior to the beginning of construction by It~ City, mlocsted
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~,l'r~ racnities within the rights-of-way after be/nE afforded a reasonable length of time to do
,al as determined by the City's Director of Engineering (sometimes also referred to ~ as the
"( 'ily Engineer"), or other designee of the City Manager, 8ivinl~ consideration to the scope of the
facility relocation, and when such delays are not c,-~d by actions of the City, the followiag
pmcedtzre will be followed. The City shall provide CenturyTel with reimmable notice of f~ilure
fo act and request relocation. If CcnturyTel cominues to delay, the City's Director of Engint~ing
or olher designee and ('enturyTel's Division Manag~ over outsicl~ plant en_~h~ainE and
construction will joimly review the relocation request in an ~xpeditious manner to establish a
mtnually acceptable comple~ion date for Ihe relocation. If CenturyTel continues to delay or does
,at meet Ihe rovistxl completion d~tc, th~ City'~ DireCtor or l:;.n~iil~ring or Ol~ d~J~.~l~
prov,de not less than five ti) days written notice to CenturyTel's Division Maxmg~r over outside
pla~! cngin~crin8 and construction advising CenturyTel or the City's intent to effect the
relocation of the affected fiu:ilities. If after expiration of the written notice r~luired by the
preceding sentence. CenturyTel continues to delay, the City shall have th~ fight to
relocation of the alTocted racilities and CenturyTel shall reimburse the City for all coals of
relocation. The City shall not be liable to CenturyTel for any dam,~ to such facilities unless
proximately caused by the City's gross negligence, and shall not be liable in any ~vmt for any
consequential damages relating to service interruptions. Such relocation by the city will be
performed only when thc Director of Engineering de~,.ines Suit it is tm:essary to
,l,sruption of a City project. Such relocation will be _acco_ mpliabed by means of temporm'y
,:ons~mction and in a manner which will not unr~asonsbly disrupt telecommunications services.
l he City shall make every effort to coordinate with CenturyTel prior to such necessary
relocations and will not attempt to relocate such filcilities until the City has e0thausted tl~
:oregoing procedures. CenturyTel shall ultimately bc responsible for I~ final permanent
relocation ofCerO, uryTcl's facilities.
(b~ Where Cit) Council finds thai usc of th~ facilities by another governmeefml
agency serves the public purpos~ the City may make facilities reserved for the City available to
such agency on terms and conditions not inconsistent herewith.
(cl The City reserves the fight to obtain bids from vendors, other than CenturyTel and
,,h~r finmchisg~s.
(d) All facilities shall be underground unless placed on exist~u8 poles of another
t,tility. CenturyTel shall lay, consmm, oper,_~, lease, maintain, mpak and replace the
telecommunications facilities in a manner that will not ~ly inm'fere with u~e of the
stre~cia, alleys, or any public property or other public ways ('Public Way"). Should the own~ of
existing poles place their facilities underground, CenturyTel shall do likewise.
ici CenturyTel shall at its own expense repair, to the satisfaction of the City, ali City
,)wncd water lin~. storm and s~mitary sewer lines, service lines, water rneter~, slree~ sidewalks,
curbs, gum:rs or other property ortl~ City dsmal~l by any of the opa~tions of Ce~uryTel, its
contractors, subcontractora, employees, agents or assigns enl~_m''~'1 in pumm~ to this ~
(fl Before CenturyTcl constructs, extends or replaces the
I'ucihties ~n any Public Way, it shall apply for and acquire a commiction permit and pay all fees
Page 12 of 14
associated with same in accordance with this Section 8, and file with City En~im:~r a written
, ork d__escription, including scale drawings, showing the facility's location (or ~ location)
and estimmed depth ortho facilities cexisting and proposed). Such dmwln? and specifications
ihall be prc~are~L executed and sealed by a registered profe.~ional engineer. Such drawings and
spec,fications will be r,~-iewcd by City Engineer and any corarnentn wiU be provided to
t 'enturyTcl within thirty (30) days. CenturyTel agrees to make any chanlgns to lhe drawings and
spec,tic, talons requested by City Engineer. Before CenturyTel performs any
n.'pa,rs, replacement or removal of I'ncilitiea, CenturyTel shall give at least thirty (30) days notice
,o ('~ty Engineer ~s to l~c time and location of thc proposed conm'ucfiorg repaY, or reph~c~nent.
c)ailv work achedules ~mll be provided to City Engineer by 8:30 am, each day any con~auc~on,
~cpa,r or replac~,.ent of facility by CenturyTcl is performed. When an emergency occml that
,nvolve~ 1he facilities, repaim shall bc performed by CenturyTcl and notice ahall be given to City
I nsirlcel' within twenty-lbu, r (24) hours following initiation of such emergency repah~.
&pprox al of all non-emergency construction, repair and replacement of the facilifias mu~ be
oblamed prior to such construction, repair and replac~;~enL unless otherwise provided. Such
approval shall no! be unreasonably withheld or delayed. Approval by City Engineer
constitute utility authority for the issuance
(!~) All work in the Public Way and other surfaces will be performed in accordance
with the City specifications and regulations for S~ and Storm Drainage & Slx~et Pavin~
C'o4~slruclion and be subject to regulation, control and dir~-'tion of the City Engineer. All work
dom: in connection with the laying, con~n'uction, operation, maimenance, rupairing and
a.-plucement of the facilities, in whole or in part. shall be in compliance with all applicable laws,
ordinanccs~ rules and regulations of City. County. the State of Texas, and the Unitent Statet
(h) CenturyTel shall belong to the same underground utility locating s~ as the
~ 'ity. Prior to beginning any excavation trenching or digging using powered equignnent or himd
tools which may dan,,~oe, exis'dng underground facilities. CenturyTel shall contact all
undergrmmd ulility coordinating systems and determine if there are any facililiea in the vicinity
· ~f Ihe proposed activities. If physical contact is rrm-I,, with another facility dmin~ any
excavation, trenching or digging, the owner of that facility must be notified for inspection ami
c,:pairs prior to Century'Tel continuing work. CenturyTel shall prompt, ly respond to
:,nc Iocat~0na gc'nerated from other franchised or City owned utilities.
(i~ When CenturyT¢l performs or cm~v~s to be performed any work on any Public
Wa~. or so ¢loaely adjacent thereoa as to erea~ hazarda for the public or them~elv~, CeaxturyToL
· is employee~ agent~ or ita contractor, shall provide construction and malnterum,'o eign~ and
~uffi¢ie~t I~,',cad= ~ II~nen at work ~ites to protect the public, oquipment and ~
Fhe q~plication of such traffic control devices ~udl be cotmiatent with the ~mdarch and
prox mions of the let_est addition to thc Texas Manual on Uniform Traffic Control Devicee.
atppropriate warning lighls shall be used at all consu'uction ~ ~ zon~ ~ o~ or
,note tm~c hmea are being obstructed during nighttime conditions.
(.j ~ CenturyTel shall repair, clean up and restore the Public Way and other atul'acea
d~s~urbed during the conm'uction and repair of its facilitiea and shall w~,t ~e ~ and
restomlion of such City Engineer ma)' require a Su~ face Correction Bond, and CenturyTel agreee
Pag~ 13 of 14
to provide such bond with terms and conditions in the ~u,ount r~luired by City F_.mgin~r. Public
Way and other surfaces for a period of two ymus from the a~,, of c~n,,~,lction of ~um~e. Such
repaim, clean up and restoration shall return the Public Way and other di~xrbed ~ufuce~ to
~,u~ally thc SmEle condition they were in before C~-'nturyTel'B work be~m~ n. The
dctcrmirmlion that the Public Way and other surfaces have been returned to mfl:~tm:Rially the
..,amc condition shall be made by City Engineer.
(k) CenturyTel shall refill, and repave any cut in ~ny pavement. All excav=tlonz m~de
hx CenturyTcl in ~ny portion of a Public Way for the p~ of cormtructing, opemin~
maintaining, r~airing, replacing or r~novin8 a facility, or any part thereof, ahall be in
accord-r~ce with City standards. If. after refillin8 such excavation, the em'th within the e~
area settles so as to leave a depression, CenturyTel may be requirod to make further necessary
fills IYom time to time as ordered by City Engineer. CenturyTel shall r~pair all por~ons ofnny
Pubhc Way across, along, over. above or under which a facility is laid m~d place the asme in as
g~xt a state of repair and condition as they were in at the time tho conslxu~on mpsh', or
removal ~'as commerax~l. Such r,~airs ahall be to the *nriaf'action of City g.n~neer.
ii) Repair to the Public Way or other City pr~ga'ty necea~atted by say activity of
t'enturyTel shall be made by CenturyTel at no cost to City and in such ~ as i~ found
reasonably necessary by City Engineer.
(m~ Any excavation in any portion of a Public Way ~all be replaced with rrm~'L~ of
the same kind as those removed unless City Engineer spproves of some other type or fill or
material. CemuryTel shall notify City Engineer befot~ cO,,uumcing at say time excavation in
any portion of any Public Way, and shall not wholly close any Public Way, but shall at all ~
maintain a mute oft'ravel along and within any roadway that in within a Public Way, except that
in cases of emergency, City Engineer may authorize a temporary closing of any Public Way or
s~d~.alk in order to take care of any break, leakage or other public as.fg~y risk if, in the opinion
of City Engineer, such closing is necesaary to protect the safgny of ibc public.
in) If CemuryToi fails to commence or thereafter to diligently ptosecnn~, any rgspair,
rcfilhn8 or ot~er work r~qui_r~! under this fi'anchise the City may cause the work to be done at
thc cxpetme of CtmturyTcl and may recover all such expense from CenmryT¢l togcthm' with all
cosls and r~asonable attorney fees.
lot City shall have the power at say time to order and r~:luir~ CenmryTel to ~mov~
or abate any fm:ility that is dange~us to life or propo'ty, and in the evem Cemm'yTel fails or
refuses to comply alger reachable notice, City shall have the power to remove or al~te mw.h
facility at the expeme of Century. Tel, all withotn compem~on or liability for damngm to
¢'cnturyTel.
I: nglno~'.
Century'Fei shall coordinate all ~uch comm-uction, rq~ir or r~plm~ment with City
(q) Upon completion of the cortsm~ion, extra.ion or ropl~c, emem of the
tclecommunicaliorm system for which a conmaiction permit turn been acquired, C_~aluryTel ~
Pa~el4ofl4
provide the City as-built drawings within 60 days. Accuracy of as-b~ilt drawings shall m_,'~t_ a
,urvey level of accuracy of 1 foot to 50,000 feet. The drawing~ flaall al~o be ~upplied in DXF
~omputer file formal with the location tied to one ne~'by UPS (Global Positioning System) City
Monument. Ifthe total length ofthe construction extension or replac~nent exceeds 1,000 f_,'~et__ in
length within the City, it shall be tied to at least two UPS City Monume~
(r) City En~ncer shall have the power to make such other reasomfl~le rulm and
regulations for the placement and manner of such facilities as he may deem sIspmpri~te for the
prolection of the public and thc Public Way~ and to savoid unreasonable imerfggx:z~ with othe~
uses or cont~'n~lated uses of the Public Ways. City Engineer may perform re~fl~nry
mSlX~ctions of any utility from time to time as he may deem appmprime for the safa), of the
public. C~ty Engineer shall give five days prior writtert notice to franchise a~ to the time and dl~t~
t,f any sm'h inspections. CemuryTel shall have the fight to have a representative present d~sring
such impeaion.
(s) When submitting an application for a conslruaion permit as provided in this
Section 8, CenturyTel agrees to pay the at,pitt, able permit
(t) No conatraction I~,,lit shall be granted to CenturyTel unless and until all fees
due and payable pursuant to this franchise have been paid in full, including any fees due and
pa.vable for such construction l~msit.
Islnnd Blvd.
TAMU ~
CAMPUS
C V
Bridge
San Doilnr Blvd.
0 V
0 s t.~sin~ c ~ ~,~s~.s~
· t'm~m~t ~ut~M,
Exhibit "A"
Map Nh4 to S~,
Gl$
Team