HomeMy WebLinkAboutC2006-111 - 3/21/2006 - Approved
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS S
COUNTY OF NUECES S
That the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized City Manager, George K. Noe, in accordance with Article IX,
Section 1, Corpus Christi City Charter, in consideration of Six Hundred and Eight Dollars
and Fifty Cents ($608.50) to be paid by Alpheus Communications, ("Owner" or
"Permittee"), of 1 001 Louisiana, Travis Place, Ninth Floor, Houston, Texas 77002, the
receipt of which is acknowledged, hereby grants, upon the conditions hereinafter stated,
unto said Permittee, a use privilege for the right to install, operate, repair, replace, and
maintain one 4" HOPE PVC conduit with fiber optic cable, approximately 39 linear feet from
an existing TELWEST manhole, southwest to an existing SSC manhole #17 to, both of
which are located in the northern portion of the Leopard Street and N. Carancahua Street
intersection; here and after known as "Use Privilege Improvements" within the City of
Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit
A.
TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns,
together with the right under these conditions, at any time to enter upon the above
described right-of-way to maintain the Use Privilege Improvements, and it is further
understood that the use privilege is granted subject to Owner's compliance with the
following conditions:
A. ThiS Use Privilege Agreement ("Agreement") may be revoked at any time upon the
giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee
("City Manager").
B. TO THE EXTENT PERMITTED BY LAW, OWNER, COVENANTS TO FULLY
INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS
OFFICERS, EMPLOYEES, AND AGENTS, (nINDEMNITEESn) AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT
LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH
CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH
ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO
ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE
RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION,
USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE
PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY
Use Privilege i\greement
i\loheus Comfnunicatlcns
Page 1 of 7
2006-111
03/2] /06
Ord026695
Alpheus Communications
INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY
NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS
OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON
ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES,
AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES
OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, OR ACTIONS.
C. Owner must acquire and maintain commercial general liability insurance pertaining
to the Use Privilege Improvements and the activities related to the Use Privilege
Improvements authorized by this Agreement, in the minimum amounts set forth in the
attached and incorporated Exhibit B. The General Liability policy must name the City as
Additional Insured . Upon City Manager's written request, Owner shall provide copies of all
Insurance policies to the City Attorney. Such policies may not be canceled, renewed, or
materially changed without 10 days advance written notice to the City's Director of
Development Services, or designee ("Asst. Director of Development Services").
D. Owner's use of the Use Privilege Improvements must not interfere with City's
construction, operation, repair, replacement, or maintenance of any existing or future
proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities
currently located in said rights-of-way) needs access to the rights-of-way, Owner must pay
for removing or relocating the Use Privilege Improvements to allow access to the utility
lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the
Use Privilege Improvements to their original condition or remove the Use Privilege
Improvements at which time this Agreement terminates immediately.
E. Owner must not close or barricade a public street, or any portion of the public street,
to install, repair, or maintain the Use Privilege Improvements until the Owner or his
contractor has filed an approved traffic control plan with City's Traffic Engineering Office.
F Owner must pay to maintain or repair the Use Privilege Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Owner Failure to do so terminates this Use Privilege Agreement immediately.
G. Owner must comply With all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Owner must not assign this Agreement without City's prior written consent.
I Owner must submit a set of construction drawings with survey controls to the
Director of Development Services for all work proposed for the Improvements located
use Privilege Agreement
Alpheus Communications
Page 2 of 7
within the City ot Corpus Christi and its extraterritorial jurisdiction, one month prior to the
start ot construction. The plans will tie the centerline ot the proposed Improvements to the
centerline of the Use Privilege Improvement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Owner must provide the Director of
Development Services with a complete depth profile, distance, and location of its
Improvements from existing City utilities, other franchised utilities, and other pipelines, that
fall within all affected City right-ot-way crossings. The Owner is advised that centerline of
proposed Improvements must have a minimum centerline to centerline horizontal distance
as shown in the table below,
Water 24" TimeWarner - 24" KMC - 24"
Wastewater - 24" sse - 24" leG - 24"
Gas 24" AEP - 24" Grande - 24"
Storm water - 24" Expedius - 24" Caprock - 24"
or, as specified in the Ordinance provisions authorizing this Use Privilege Agreement.
Owner must install, replace, repair, and maintain the Improvements so that no portion of
the conduit will be any shallower than 36-inches from existing ground or roadway
pavement, as shown on Exhibit "A" The Owner must provide the Asst. Director of Special
Services Engineer with a 24"x36" size reproducible set of as-built drawings of the
Improvements within 60 days after completion of construction; failure to do so may result in
Owner's Use Privilege Agreement being forfeited by the City.
J. Owner at least 48 hours prior to beginning work, must give notice and verify depth
and location of all existing City Water, Wastewater, Gas, AEP, SSC, TimeWarner, and
Grande Communications lines, as well as Expedius, KMC, CSW, and CAPROCK,
communication fiber optic cables. Owner must also call the 1-800-DIG-TESS, Lone Star
Notification Center (1-800-669-8344), and SBC (1-800-828-5127) for locations of existing
utilities at least 48 hours prior to the start of construction. A City Inspector may request a
utility line be uncovered to verify its depth or location.
K. An Engineering Permit will be required, prior to any repair, replacement, or
maintenance of the Improvements. Owner must provide protection at all road crossings or
ditches, and Grantee must identify the method on the construction plans.
L. Owner will place and maintain line markers at the points where such Improvements
enter or leave a public street or drainage right-of-way or other City property and as close as
practical over the 4-inch HDPE PVC conduit and fiber optic cable. Such line markers must
be of permanent type construction bearing Owner's name and emergency telephone
number.
Usa Privilege Agreement
Alpheus Communications
Page 3 of 7
M, Owner must properly compact backfill around existing utilities in accordance with the
City of Corpus Christi Standard Specifications, including City Water Distribution System
Standards
N. If damage occurs to any gas, storm, water or wastewater line, as determined by the
City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and
allowed immediately to make all repairs. All City's costs (labor and materials) associated
with the repairs must be paid by the Permittee within 30 days of City Manager's invoice
thereof. City's representatives will determine the extent of damage and amount of repairs
to the utility line(s).
o Work around any existing water main must be done under the inspection of a Water
Division Inspector at a daily rate of $301.31 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the Use Privilege Improvements
pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for
purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or
Holidays, must be calculated at a daily rate of $56.49 an hour. Permittee must pay these
funds to the City of Corpus Christi, Water Department. These amounts will be adjusted
annually on August 1 to reflect any pay increase
P Owner must take every precaution not to disturb the soil surrounding any existing
water or wastewater line. including all thrust blocks.
Q. Street open-cut will be permitted only by the Director of Development Services.
R. Damage to driveways, culverts, head walls and any other structure, public or private,
must be repaired by the Owner at his expense within 30 days after being notified of
damage to same.
S Owner must not store or leave any equipment or material in City right-of-way
overnight
T. Owner must notify Construction Inspection (361-880-3555) 48 hours prior to starting
work, and must have a representative present during backfilling and pavement repairs.
U. Owner is only to work on the proposed construction site between the hours of
9:30am to 4:30pm, Monday thru Friday, and anytime on weekends.
V. Owner must provide proper safety and security devices to prevent possible injuries
or accidents, No open trenches or pits are to be left overnight. All trenches must be
backfilled promptly, the backfill properly compacted, surface restored, and the work done in
a neat and workmanlike manner.
Use Privilege Agreement
Alpheus Communications
Page 4 of 7
W. if this Agreement terminates for any reason, then Owner shall remove all
obstructions and encroachments from the Right-of-way within 60 days of termination.
X. Use of the fiber optic cable authorized by this Agreement (the "Fiber Optic Cable") is
strictly limited to serving facilities owned by the Permittee. If Permittee provides, or permits
anyone else (hereinafter called "provider") to provide, service through the Fiber Optic Cable
to any facilities within the City owned by anyone, other than Permittee, to transport data or
communications that originate or terminate within the City, then:
Permittee or the provider shall first obtain a franchise from the City, unless:
a. the provider is a "certificated telecommunications provider," as defined in
Chapter 283, Local Government Code; or
b. the provider transmits data or communications which originates or
terminates within the City through a certificated telecommunications
provider; and
c. in either case, all access fees are being paid for access lines under Chapter
283 by the certificated telecommunications provider.
Y. Permittee agrees that if any of Permittee' customers or any providers, including
their customers or providers. use the Fiber Optic Cable to transport data or
communications that originate or terminate within the City of Corpus Christi, for which (1)
the fees required by Cha pter 283 of the Texas Local Government Code for use of the City's
rights-of-way have not been paid, or (2) a franchise was not obtained and the franchise
fees required by the City's charter or ordinance have not been paid, then Permittee shall
reimburse the City of Corpus Christi for any lost right-of-way fees or franchise fees.
NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and
employee(s) if applicable.
IN TESTIMONY WHEREOF, the City ot~o~us Christi has caused these presents
to be executed on this the 1'4-\~ day of I ~ \. '--< ~ '"'- , 2006.
Use Privilege Agreement
Alpheus Communications
Page 5 of 7
ATTEST: \
'Iv ( ./-/1
/ jdtrz)v(~~
City Secretary
CITY OF CQRPUS CHRISTI
!
\
By: '" t) (,. '----
GeOrgtYK. Noe, City Manager
APPROVED:
Al~ day of ~
By: (~~""
~t City Attorney
,2006
\ . '0<
f\ rJ {; 2ki.o l - ),IJI ~ORlJ.U
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----~~.F.i~Atfl- -{tv
THE STATE OF TEXAS 9
COUNTY OF NUECES 9
This instrument was acknowledged before me on
by George K. Noe, City Manager of the City of Corpus
Corporation, on behalf of said corporation.
. I
, 0- (, i l ..11{
Christi, a Texas
,2006,
Municipal
{ ... J " 1.~L~-1~~ /
\-",,~ '"JV\""V-...,A..- v /~
Notary Public, State of Texas
:T"~
~'il.~. p.&~~ ~~~~rkS==IJ
I ~ ~. ~ Y CommiSSIon ExpIres U
L,"~
use Privilege Agreement
Alpheus Communications
Page 6 of 7
The above and foregoing USE PRIVILEGE AGR~EMENT is accepted this the
i 0 day of /11'0/' , I . , 2006, by ,.f'. G'.rO L v'![,,,jof Alpheus Communications of
Houston, Texas, the Permittee herein, and Permittee agrees to keep and perform the
conditions imposed by said Agreement and the Permittee is bound by all of the terms of
the same
AI Ph.. eus.. ~ c~/un~~1/
By:"~':'::::::-~ ~-F ~
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r ..--'
Name:L~-/rj,k'7,U G...-;;tt//:) ,j ,j"/l
Title: V F /) <:::",c /',.,/ c. 2: +- Cd,.,l s-I,
(, '-" .' tI' ..' >
THE STATE OF TEXAS S
COUNTY OF NUECES S
,This instrument was acknowledged before me on Vv ~ArL cl-- I 0 , 2006, by
L ielAt<, f) GliluiVV Jllof Alpheus Communications of Houston, Texas, a Texas Corporation,
on behalf of said corporation.
:0. 'j). '.X
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Notary Public, Stat exas
Printed Name: A I\j Pt L U f.ts<Q ('l<" L
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Expiration Date: c/:\ - I ~ - 0.6.
Use Privilege Agreement
Alpheus Communications
Page 7 of 7
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EXHIBIT B
INSURANCE REQUIREMENTS
I. PERMITTEE'S LIABILITY INSURANCE
A Permittee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Permittee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained
B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s) acceptable to
the City's Risk Manager. The City must be named as an additional insured for the General
Liability policy and a blanket waiver of subrogation is required on all applicable policies.
MINIMUM INSURANCE COVERAGE
n, non-renewal, Bodily Injury and Property Damage
a 10 day written Per occurrence aggregate
ent of premium
$1.000,000 COMBINED SINGLE LIMIT
ns Hazard
NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
$500,000
---_._.
I TYPE OF INSURANCE
~
I 30 day written notice of cancellatio
I material change or termination and
! notice of cancellation for non-paym
I is required on all certificates
I
I Commercial General Liability including
i 1 Commercial Form
i 2 Premises - Operations
I
i 3 Underground Hazard
i 4. Products/ Completed Operatio
I 5 Contractual Liability
I 6. Broad Form Property Damage
I 7 Independent Contractors
i
I AUTOMOBILE LIABILITY-OWNED,
i OR RENTED
f--
WORKERS' COMPENSATION
i EMPLOYERS' LIABILITY
C. In the event of aCCidents of any kind, Permittee must furnish the Risk Managerwith copies of
all reports of such accidents within 10 days of any accident.
Alpheus Communications UPA ins. req.
2-23-06 ep Risk Mgmt.
II. ADDITIONAL REQUIREMENTS
A Permittee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. Workers'
compensation coverage must be in amounts sufficient to assure that all workers'
compensation obligations incurred by Permittee are promptly met.
B Certificate of Insurance:
. The City of Corpus Christi must be named as an additional insured on the General
liability coverage and a blanket waiver of subrogation is required on all applicable policies.
. If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In
lieu of modification of the ACORD form, separate policy endorsements addressing the same
substantive requirements are mandatory.
. The name of the project must be listed under "Description of Operations".
. At a minimum, a 30-day written notice of cancellation, material change, non-renewal or
termination is required.
C If the Certificate of Insurance on its face does not show the existence of the coverage
required by items 1.8 (1 )-(7), an authorized representative of the insurance company must
include a letter specifically stating whether items 1.8. (1 )-(7) are included or excluded.
Aipheus Communications UPA ins req
2-23-06 Risk Mgmt
MARSH
PRODUCER
Marsh USA Inc
000 Main Streel Suite 3000
>">:Juston TX "yr>02
HOU-000669678-Q1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
()MF'" ~'~',
F 15453. :J~.PRIM-05,'6
! INSURED
A ACE AMERICf'.N INSURANCE COMPANY
COMPANIES AFFORDING COVERAGE
b Paso Corporal'on
Alpheus Communications l F
1001 Louisiana Street
'iouston. TX 77252-2511
'OMFA'\-'
C
'OMP~~.
B ILLINOIS UNION INSURANCE CO.
.:OMF"'"
D
1liis~rtifj~te s~d~s llQdrePtacell'allypreviously issued certificate for the
THIS 'S TC CERTIFY TH,oi POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TC THE INSURED NAMED HEREIN FOR THE POLICY INDICATED
NOTWITHSTANDING ANY REQUIREMENT TERM OR OONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTA," THE INSURANCE AFFORDE[; BY THE POLICIES DESCRIBEI HEREIN IS SUBJECT TC ~Ll THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
UM"S S"OWN MAY H"VE BEENREDUCEC 5YP,1.'DCI'<'MS
I
I~~ TYPE OF INSUR~N.C.~____. POLICY NUMBER
8 GENER~L LIABILITY HDO G2 (2 99 81 2
~
X uMMERCIAL E NE ~;::'L lIASlLX'-',!,
I tl
i
i
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r~'- I AUTOMOBILE LIABIC'TY
! [--
. F.
: POLICY EFFECTIVE POLICY EXPIRA TION 1
DATE IMMIDD'YVI DATE (MMIDDiYY) I
111/01/05 ... i 11/01/06
:::LAIMS MADE
)(
'X;C.JR
"NNER'S & CUiTR- .'OR" PRT
: 11/01/05
11/01/06
!SA HO 7f 70 99 0
AUTO
i
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I
I
i
I
r~.~
r)WNED A\ ' )S
HEDUlED ,1. 1'J~
~- '1iRED AU10S
"'ON.OWNED p TO~
GARAGE llAIILITY
AUTe
~
I
EXCESS LIABILITY
>-
JMBREU'" FO"'"
IA
IA
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~-
, OTHER THAN UMBRhLA FORM
I WORKERS COMPINSATION AND
, EMPlOYERS'LIASILlE
11/01/06
11/01/06
! 11/01/05
11/01/05
SCF C4 41 85453 (Wisconsin)
WLR C4" 85441 (/\OS!
i Tf-iE PROPRIETORJ
, PARTNERSIEXECUPJE
l OFFICE RS A,RE
JOTHER
IN:,>
___ E<~
liMITS
1 GENERAL AGGREGATE $
PRODUCTS, COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
I MED EXP (An one roon) $
COMBINED SINGLE LIMIT $
BODll Y INJURY 1$
i (Per person)
I BODilY INJURY I
(Per accident) 1$
i PROPERTY DAMAGE $
AUTO ONLY, EA ACCIDENT
OTHE R THAN AUTO ONLY:
AGGREGATE
EACH OCCURRENCE
AGGREGA TE
i
Ix
i El DISEASE,POLlCY LIMIT
! EL DISEASE-EACH EMPLOYEEI $
1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
25,000
1,000,000
1,000,000
1,000,000
1,000,000
DESCRIPTION OF OPERA TIONS/lOCA TiONSIVEHIClESISPECIAL ITEMS
THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED (EXCEPT AS RESPECTS ALL COVERAGE AFFORDED BY THE WORKERS
COMPENSATION POLICY) AS REQUIRED BY WRITTEN CONTRACT. BUT ONL Y FOR liABiliTY ARISING OUT OF THE OPERATIONS OF THE NAMED
INSURED AND IS GRANTED A WAIVER OF SL!BROGATION
I CERTIFICATE HOLDER
CANCELLATION
SHOU"C A....-. ()f T,..,E POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRAHON DATE THEREOF,
~HE CITY OF CURPUS CHRIST
Tt1{ lNSURf ~ Af~ ORDINe, CCVEf.i:AU:. WilL ENDEAVOR TO MAIL --3..0.. DAYS WRITTEN NOTICE TO THE
'~.Eh'"'1FICAH ......OLDEP NAMED HERE Ij'., BUl FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
_;ABI, :T'y O' AN" ~JNC UP()N THE INSvRER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
i
i
I
L__...__
ISSUER: OF THIS CERTIFICATE
MA RSH USA INC
BY: Arthur F Erickson
EXHlln
B
MM1(3/02)
A;;tk ~ ~-
VALID AS Of: 12/29/05
AL'INFQ, ,..
OA TE IMMIOO/VY)
12/29/05
COMPANIES AFFORDING COVERAGE
PRODUCH
Marsh USA inC.
1000 Main Street Suite 3000
"",ouston TX 77002
'OMPAt~..
E
(':OMP.!:.!"\j'.
F
015453-CUA-PRIM-D5-0t
iNSURED
" OM F-'At,h
E.i Paso Corporation
Alpheus Communications L F'
1001 Louisiana Street
4ouston. TX 77252-2511
G
COMP~N'
H
TE~T
RE PRC.JECT CONSTRUCTION 65 'OF ONE 4 INCH CONDUIT AT LEOPARD AND CARANCHUA IN DOWNTOWN CORPUS CHRISTl.
CERTIFICA TClfJER
THE CITY OF CORPUS CHRISTI
MARSH USA INC. BY
iXIIllll
Arthur F. Erickson
8 Pa e