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CONDUIT USE AGREEMENT
This Conduit Use Agreement ("The Agreement") is executed as of the _2 day of ,
200between CenturyLink Communications, LLC. a limited liability holding comp y who ly
owned by CenturyLink ("CENTURYLINK"), and the City of Corpus Christi, Texas `City"), a
Texas home rule municipal corporation.
WITNESSETH
WHEREAS in August 1999, the City and KMC Telecom Inc. ("KMC") executed a five-year
Conduit Use Agreement regarding KMC use of City conduit;
WHEREAS, as of June 30, 2005, CENTURYLINK acquired KMC assets and entered into a
five-year Conduit Use Agreement on August 30, 2005;
WHEREAS, on June 28, 2011, the City and CenturyLink executed a new five-year Conduit
Use Agreement;
"WHEREAS, the City is willing to continue to permit, under certain conditions set forth herein,
the use by CENTURYLINK of certain City-owned conduit for placement of its
telecommunications facilities
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties do hereby mutually covenant and agree as follows:
Section 1. Description of the City Conduit. A conduit four inches in diameter, approximately
4,868 feet in length, presently containing six handholes, located on Ocean Drive between Ennis
Joslin Road and Sand Dollar Drive, as depicted on Exhibit A to this Agreement, which exhibit is
fully incorporated herein by reference.
Section 2. Use of the City Conduit. The City shall designate for CENTURYLINK exclusive use
one of the three inner ducts within the City Conduit. CENTURYLINK shall have unrestricted
ingress and egress to its designated inner duct, through the handholes depicted in Exhibit A, for
purposes of installing, operating, maintaining, and repairing its telecommunications facilities.
Installation, operation, maintenance and repair of CENTURYLINK telecommunication facilities
within the City public way shall be performed in accordance with the terms and conditions set
forth in this Agreement and its exhibits, which are fully incorporated herein by reference.
Section 3. City Use of the City Conduit. The City shall have the exclusive use of the remaining
two inner ducts located within City Conduit.
Section 4. Compensation to City for Use of City Conduit. As compensation for first year of this
Agreement, CENTURYLINK shall pay the City $1.62/foot of City Conduit, for total of $ 7,886.00 .
Thereafter, the annual compensation shall be increased by 4% for each year of this agreement.
The first payment shall be submitted within thirty days of the final approval of this Agreement by
City Council. Thereafter, CENTURYLINK shall issue payment by October 1 of each year to City
of Corpus Christi, Attention Collection Department, P. O. Box 9277, Corpus Christi, Texas
78469-9277. All payments should reference Conduit Use Agreement.
Section 5. Issuance of Permits. CENTURYLINK must comply with City ordinances and codes
to receive all necessary City of Corpus Christi permits prior to construction, maintenance, and
repair of its telecommunications facilities placed in the City Conduit.
Section 6. Term. rhe term of this Agreement shall be for ten years, to commence upon June
28, 2016 subject to the passage and approval by the City Council.
2016-257
7/12/16 +i kttn° n1N-i Eti-f1+11-+C; t.l yI.-1.2.. 6--100
Ord. 030885
CenturyLink INDEXED
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Section 7. INDEMNIFICATION. CENTURYLINK shall indemnify, defend and save harmless
the City, its mayor and council members, appointed boards and commissions, officials, officers,
employees, attorneys and insurance carriers, individually and collectively, from all losses,
claims, suits, demands, expenses, subrogations, attorneys' fees or actions of any kind and
nature resulting from personal injury to any person, including employees of CENTIIRYLINK or
of any contractor or subcontractor employed by CENTURYLINK (including bodily injury and
death) or damages to any property, arising or alleged to have arisen out of the acts of
CENTURYLINK its contractors, subcontractors, officers, agents and employees while exercising
any of the rights or privileges granted by this Conduit Use Agreement. The amount and type of
insurance coverage requirements set forth herein will in no way be construed as limiting the
scope of indemnity in this paragraph. CENTURYLINK further agrees and shall have the right to
appear, defend, indemnify and hold harmless the City in any action, claim or suit challenging the
grant of or any of the rights conferred upon CENTURYLINK by this Conduit Use Agreement,
Section 8. Insurance. CENTURYLINK must acquire and maintain insurance as set forth in
attached exhibit.
Section 9. Street Closure. CENTURYLINK must not close or barricade a public street, or any
portion of the public street, to install, repair, or maintain its telecommunication facilities located
within the City Conduit until CENTURYLINK or its contractor has received approval of its traffic
control plan from City's Traffic Engineering Office.
Section 10. CENTURYLINK must submit a set of construction drawings to the City Engineer
for any proposed work at least two weeks prior to onset of construction. The drawings must
show the depth and location of the proposed construction and distance from the existing water,
stormwater, wastewater, gas,fiber and communication lines.
Section 11. CENTURYLINK must verify depth and location of existing Water, Wastewater,
Gas, fiber, communication lines, as well as other users of the rights of way, including AEP, and
Southwestern Bell Telephone lines, as well as Espire, CSW, and CAPROCK communication
fiber optic cables. Prior to the start of any excavation, CENTURYLINK must call the Texas One
Call System (1-800-245-4545), 1-800-DIG-TESS and Lone Star Notification Center(1-800-669-
8344) or other locator service designated by the City Director of Capital Programs, or designee.
Section 12. CENTURYLINK must not begin work without 24 hours prior notice to the AEP,
City Water, Gas,Wastewater Divisions.
Section 13. CENTURYLINK must properly tamp backfill around existing utilities in
accordance with the City of Corpus Christi Standard Specifications, including City Water
Distribution System Standards.
Section 14. If damage arising out of or connected with the installation, operation, repair or
maintenance of CENTURYLINK. telecommunications facilities or inner ducts occurs to any gas,
storm, water, wastewater , fiber, or communication line, as determined by the City's
representative, a City crew will be brought in and allowed immediately to make all repairs.
Except for emergency repairs, City shall make a reasonable effort to contact CENTURYLINK's
representative at 800 778-0949 so that CENTURYLINK has an opportunity to have a
representative present during operations. All of the City's costs (labor and materials) associated
with the repairs must be paid by CENTURYLINK within 30 days of the City Manager's itemized
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invoice thereof. City's representative will determine the extent of damage and amount of repairs
to the utility line(s).
Section 15. Work around any existing water main must be done under the inspection of a
Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the City Conduit 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 $53.77 an hour. Owner must pay these funds to the City of Corpus Christi, Water
Department. These amounts will be adjusted annually on October 1 to reflect any pay increase.
Section 16. CENTURYLINK must take every precaution not to disturb the soil surrounding
any existing water or wastewater line, including aN thrust blocks.
Section 17. Damages to driveways, culverts, head walls and any other structure, public or
private, caused by CENTURYLINK, must be repaired by CENTURYLINK at its expense within
30 days after being notified of damage to the same.
Section 18. CENTURYLINK must not store or leave any equipment or material in City public
way overnight.
Section 19. CENTURYLINK must notify Street Superintendent (361- 857-1940) 24 hours
prior to starting work, and must have a representative present during backfilling and pavement
repairs. CENTURYLINK must also notify City Municipal Information Systems Technician III at
(361)857-1956 2.4 hours prior to starting work.
Section 20. CENTURYLINK must provide proper safety and security devices to prevent
possible injuries or accidents. No open trenches or pits are to be left overnight. AN trenches
must be backfilled promptly, the backfill properly compacted, surface restored, and the work
done in a neat and workmanlike manner.
Section 21. CENTURYLINK must comply with all applicable Federal, State, and local
laws and regulations, as may be amended. Interpretation of this Agreement and the rights and
duties created hereunder shall be pursuant to the Constitution and laws of the State of Texas
and the Charter and ordinances of the City.
Section 22. Binding Effect. This Agreement shall extend to and bind the successors and
assigns of the parties hereto.
Section 23. CENTURYLINK shall not be excused from complying with any of the terms
and conditions of this Agreement by any failure of the City on one or more occasions to enforce
compliance with such terms and conditions.
Section 24. Assignment. Neither party shall have the right to assign this Agreement in
whole or in part without the written consent of the other party, which consent shall not be
unreasonably withheld.
Section 25. Notice. Any notices required or provided in the administration of this
Agreement shall be addressed, sent by overnight delivery or certified mail, as follows:
If to the City:
City of Corpus Christi
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1201 Leopard Street
P.O. Box 9277
Corpus Christi, TX 78469
Attn: City Manager
If to CENTURYLINK:
CENTURYLINK
Attn: Real Estate Transactions
600 New Century
New Century, KS 66031
With a copy to:
CenturyLink Law Department
1801 California Street
Denver, CO 80202
Attn: Network Legal Group
Section 28. Modifications. All terms and conditions of this Agreement are contained
herein and any modifications shall be in writing and approved by ordinance except as otherwise
expressly provided herein.
Section 27. Preemption. No provision of this Agreement shall be deemed void or
unenforceable as a result of state or federal preemption unless and until so determined by a
final, non-appealable order of a state or federal agency or court.
Section 28. Publication. CENTURYLINK shall pay all costs of publication of notice as
required by the City Charter.
Section 29. Disclosure of Interest. CENTURYLINK agrees to comply with City of Corpus
Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this
contract.
Section 30. Certificate of Interested Parties. CENTURYLINK agrees to comply with Texas
Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties
as part of this contract, if required. For more information, please review the information on the
Texas Ethics Commission website at httos://www.ethics.state.tx.us.
Section 31. Conflict of Interest. CENTURYLINK agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City of Corpus Christi City
Secretary's Office, if required. For more information and to determine if Form CIQ is required,
information on the City Secretary's website is provided at
htta://www.cctexas.com/covernment/city-secretary/conflict-disclosure/index.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly au horized representatives as of the date first -b•ve written.
ATTES 1: x'` 9 C- . YLI
ff 74
op
N. • e. LaRae Dodson
1 itle: VP, Real Estate & Fleet
STATE OF 0_01bracto §
COUNTY OF Yl Ve Y' §
This ink+ nt was acknowledged before me on this day of I 1 1C1" , 2016, by
the V N meif�i-o--l-., of CENTURYLINK on behalf of said corporal .
Notary Public, State of L(C1f'Ct..Ce-0 .
JULIE K.TALLEY
NOTARY PUBUC
ATTEST: THE CITY OF CORPUS CHR Or COLORADO
ARY 020084031203
MY GOI ISS ON EXPIRES SEPTEItBER 4 2018
C FRS
Re.-cca Huerta, City Secretary
Approved as to form: 3 , 2016
By:
Lisa Aguilar, Assistant City Attorney
For the City Attorney
••
SECRETAr
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CONDUIT DIAGRAM
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EXHIBIT B
INSURANCE REQUIREMENTS
I. CENTURYLINK'S LIABILITY INSURANCE
A. CenturyLink must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
CenturyLink must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. CenturyLink must make available to the City's Risk Manager and Director of
Engineering proof of insurance showing the following minimum coverage by an
insurance company(s) with an A.M. Best's rating of A-VII or better and
authorized to do business in the state where the conduit is located. The City must
be included as an additional insured on the General liability and Auto Liability
policies and a waiver of subrogation is required on all applicable policies.
Evidence of CenturyLink's insurance is available at www.centurylink.com/moi.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence- aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of
(All States Endorsement if Company is this
not Exhibit.
domiciled in Texas)
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Employer's Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, CenturyLink must
furnish the Risk Manager with copies of all reports of any accidents within 10
days of the accident.
IL ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, CenturyLink must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if CenturyLink is not
domiciled in the State of Texas.
B. CenturyLink shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at CenturyLink's sole expense,
insurance coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A-VII.
C. CenturyLink shall be required to make available to the City's Risk Manager and
Director of Engineering proof of insurance throughout the term of this contract
and prior to the policy expiration dates.
D. CenturyLink agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• Include the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations, and activities of or on behalf of the named insured performed under
contract with the City, with the exception of the workers' compensation policy;
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• Coverage will be primary and non-contributory to any insurance maintained by
the City of Corpus Christi;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
E. Prior to any cancellation, non-renewal, material change or termination of
coverage, CenturyLink shall make available to the City's Risk Manager and
Director of Engineering proof of insurance including evidence of applicable
endorsements. City shall have the option to suspend CenturyLink's performance
should there be a lapse in coverage at any time during this contract. Failure to
provide and to maintain the required insurance shall constitute a material breach
of this contract.
F. In addition to any other remedies the City may have upon CenturyLink's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order CenturyLink
to stop work hereunder, and/or withhold any payment(s) which become due to
CenturyLink hereunder until CenturyLink demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which CenturyLink may be held responsible for payments of damages to persons
or property resulting from CenturyLink's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that CenturyLink's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of CenturyLink's operations under this
contract.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
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EXHIBIT C
RELOCATION AND CITY USE OF CENTURYLINK FACILITIES.
(a) (1) As a further consideration for the granting of this Agreement,
CENTURYLINK, in conjunction with the requirements of any City project shall at its sole
expense make such relocations of its facilities within City rights-of-way or take other
steps as may be necessary to facilitate such City project. Such relocations shall be
under the same terms and conditions as the initial installation allowed pursuant to this
agreement.
(2)The City reserves the right to lay, and permit to be laid, sewer, gas, water,
and other pipe lines or cables and conduits, including telecommunications and cable
television lines, and to do and permit to be done any underground and overhead work
that may be deemed necessary or proper by the City, in, across, along, over, or under
any right-of-way occupied by CENTURYLINK and to change any curb or sidewalk or the
grade of any street. In performing or permitting such work to be done, the City shall not
be liable to CENTURYLINK for any damages related to such work, nor shall the City be
liable to CENTURYLINK for any damages not proximately caused by the City's sole
negligence, provided, however, nothing herein shall relieve any other person or
corporation from liability for damage to facilities of CENTURYLINK.
(3)In the event that the City authorizes abutting landowners to occupy space
under the surface of any street, alley, highway, or public place, such grant to an abutting
landowner shall be subject to the rights of CENTURYLINK described herein. In the
event that the City plans to close or abandon any right-of-way which contains any
existing CENTURYLINK facilities, City shall, (1) give notice of the date the city council
is to consider the closure or abandonment, (2) if requested by CENTURYLINK, reserve
a continuing right for CENTURYLINK facilities, and (3) make any subsequent
conveyance of land involved in the closure or abandonment subject to the specific right
of continued occupancy by CENTURYLINK or require the beneficiaries of the closure or
abandonment to pay the costs associated with relocation of CENTURYLINK facilities to
alternate acceptable locations.
(4)Whenever it shall be necessary to require CENTURYLINK to alter, change,
adapt, or conform its facilities within the right-of-way, such alterations or changes shall
be made promptly, with consideration given to the magnitude of such alterations or
changes, without claim for reimbursement or damages against the City. If any such
requirements impose a financial hardship upon CENTURYLINK, CENTURYLINK shall
have the right to present alternative proposals to the City, and the City shall give due
consideration to any such alternative proposals. It is understood and further provided,
however, that the City shall not require CENTURYLINK to remove its facilities entirely
from such right-of-way. If the City requires CENTURYLINK to adapt or conform its
facilities to enable any other entity or person, except the City, to use, or to use with
greater convenience, or rights-of-way, CENTURYLINK shall not be required to make
any such changes until such other entity or person shall reimburse or make
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arrangements satisfactory to CENTURYLINK to reimburse CENTURYLINK for any loss
and expense caused by or arising out of such change; provided, however, that the City
shall never be liable for such reimbursement.
(5) For public improvement projects where, after notification that facility relocation
is required, CENTURYLINK has not, prior to the beginning of construction by the City,
relocated its affected facilities within the rights-of-way after being afforded a reasonable
length of time to do so as determined by the City's Director of Engineering (sometimes
also referred to herein as the "City Engineer"), or other designee of the City Manager,
giving consideration to the scope of the facility relocation, and when such delays are not
caused by actions of the City, the following procedure will be followed. The City shall
provide CENTURYLINK with reasonable notice of failure to act and request relocation. If
CENTURYLINK continues to delay, the City's Director of Engineering or other designee
and CENTURYLINK's Division Manager over outside plant engineering and
construction will jointly review the relocation request in an expeditious manner to
establish a mutually acceptable completion date for the relocation. If CENTURYLINK
continues to delay or does not meet the revised completion date, the City's Director of
Engineering or other designee shall provide not less than five (5) days written notice to
CENTURYLINK's Division Manager over outside plant engineering and construction
advising CENTURYLINK of the City's intent to effect the relocation of the affected
facilities. If after expiration of the written notice required by the preceding sentence,
CENTURYLINK continues to delay, the City shall have the right to effect relocation of
the affected facilities and CENTURYLINK shall reimburse the City for all costs of such
relocation. The City shall not be liable to CENTURYLINK for any damage to such
facilities unless proximately caused by the City's gross negligence, and shall not be
liable in any event for any consequential damages relating to service interruptions. Such
relocation by the City will be performed only when the Director of Engineering
determines that it is necessary to prevent disruption of a City project. Such relocation
will be accomplished by means of temporary construction and in a manner which will
not unreasonably disrupt telecommunications services. The City shall make every effort
to coordinate with CENTURYLINK prior to such necessary relocations and will not
attempt to relocate such facilities until the City has exhausted the foregoing procedures.
CENTURYLINK shall ultimately be responsible for the final permanent relocation of
CENTURYLINK's facilities.
(6) Where City Council finds that use of the facilities by another governmental
agency serves the public purpose, the City may make facilities reserved for the City
available to such agency on terms and conditions not inconsistent herewith.
(7)All facilities shall be underground unless placed on existing poles of another
utility. CENTURYLINK shall lay, construct, operate, lease, maintain, repair and replace
the telecommunications facilities in a manner that will not unreasonably interfere with
use of the streets, alleys, or any public property or other public ways (Public Way").
Should the owner of existing poles place their facilities underground, CENTURYLINK
shall do likewise.
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(8)CENTURYLINK shall at its own expense repair, to the satisfaction of the City,
all City owned water lines, storm and sanitary sewer lines, service lines, water meters,
streets, sidewalks, curbs, gutters or other property of the City damaged by any of the
operations of CENTURYLINK, its contractors, subcontractors, employees, agents or
assigns engaged in pursuant to this agreement.
(9)Before CENTURYLINK constructs, extends or replaces the
telecommunications facilities in any Public Way, it shall apply for and acquire a
construction permit and pay all fees associated with same in accordance with this
Agreement and file with City Engineer a written work description, including scale
drawings, showing the facility's location (or proposed location)and estimated depth of
the facilities (existing and proposed). Such drawings and specifications shall be
prepared, executed and sealed by a registered professional engineer. Such drawings
and specifications will be reviewed by City Engineer and any comments will be provided
to CENTURY' INK within thirty (30) days. CENTURYLINK agrees to make any changes
to the drawings and specifications requested by City Engineer. Before CENTURYLINK
performs any maintenance repairs, replacement or removal of facilities, CENTURYLINK
shall give at least thirty (30) days notice to City Engineer as to the time and location of
the proposed construction, repairs or replacement. Daily work schedules shall be
provided to City Engineer by 8:30 a.m, each day any construction, repair or replacement
of facility by CENTURYLINK is performed. When an emergency occurs that involves the
facilities, repairs shall be performed by CENTURYLINK and notice shall be given to City
Engineer within twenty-four (24) hours following initiation of such emergency repairs.
Approval of all non-emergency construction, repair and replacement of the facilities
must be obtained prior to such construction, repair and replacement, unless otherwise
provided. Such approval shall not be unreasonably withheld or delayed. Approval by
City Engineer shall constitute utility authority for the issuance of permits.
(10) All work in the Public Way and other surfaces will be performed in
accordance with the City specifications and regulations for Street and Storm Drainage &
Street Paving Construction which are available by contacting City Street Department
and be subject to regulation, control and direction of the City Engineer. All work done in
connection with the laying, construction, operation, maintenance, repairing and
replacement of the facilities, in whole or in part, shall be in compliance with all
applicable laws, ordinances, rules and regulations of City, County, the State of Texas,
and the United States.
(11) CENTURYLINK shall belong to the same underground utility locating system
as the City, for which information is available by contacting City Development Services
department. Prior to beginning any excavation trenching or digging using powered
equipment or hand tools which may damage existing underground facilities,
CENTURYLINK shall contact all appropriate underground utility coordinating systems
and determine if there are any facilities in the vicinity of the proposed activities. If
physical contact is made with another facility during any excavation, trenching or
digging, the owner of that facility must be notified for inspection and repairs prior to
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CENTURYLINK continuing work. CENTURYLINK shall promptly respond to requests for
line locations generated from other permitted, franchised or City owned utilities.
(12) When CENTURYLINK performs or causes to be performed any work on any
Public Way, or so closely adjacent thereto as to create hazards for the public or
themselves, CENTURYLINK, its employees, agents or its contractor, shall provide
construction and maintenance signs and sufficient barricades and flagmen at work sites
to protect the public, equipment and workmen. The application of such traffic control
devices shall be consistent with the standards and provisions of the latest addition to
the Texas Manual on Uniform Traffic Control Devices. Appropriate warning lights shall
be used at all construction and maintenance zones where one or more traffic lanes are
being obstructed during nighttime conditions.
(13) CENTURYLINK shall repair, clean up and restore the Public Way and
other surfaces disturbed during the construction and repair of its facilities and shall
warrant the repairs and restoration of such Public Way and other surfaces for a period
of two years from the date of completion of same. City Engineer may require a Surface
Correction Bond, and CENTURYLINK agrees to provide such bond with terms and
conditions in the amount required by City Engineer. Such repairs, clean up and
restoration shall return the Public Way and other disturbed surfaces to substantially the
same condition they were in before CFNTURYLINK's work began. The determination
that the Public Way and other surfaces have been returned to substantially the same
condition shall be made by City Engineer.
(14) CENTURYLINK shall refill, and repave any cut in any pavement. All
excavations made by CENTURYLINK in any portion of a Public Way for the purpose of
constructing, operating, maintaining, repairing, replacing or removing a facility, or any
part thereof, shall be in accordance with City standards. If, after refilling such
excavation, the earth within the excavated area settles so as to leave a depression,
CENTURYLINK may be required to make further necessary fills from time to time as
ordered by City Engineer. CENTURYLINK shall repair all portions of any Public Way
across, along, over, above or under which a facility is laid and place the same in as
good a state of repair and condition as they were in at the time the construction repair,
or removal was commenced. Such repairs shall be to the satisfaction of City Engineer.
(15) Repair to the Public Way or other City property necessitated by any
activity of CENTURYLINK shall be made by CENTURYLINK at no cost to City and in
such manner as is found reasonably necessary by City Engineer.
(16) Any excavation in any portion of a Public Way shall be replaced with
materials of the same kind as those removed unless City Engineer approves of some
other type or fill or material. CENTURYLINK shall notify City Engineer before
commencing at any time excavation in any portion of any Public Way, and shall not
wholly close any Public Way, but shall at all times maintain a route of travel along and
within any roadway that is within a Public Way, except that in cases of emergency, City
Engineer may authorize a temporary closing of any Public Way or sidewalk in order to
C:\Users\arb9100\Docurnents\Corpus Christi conduit IeasetCenturyl Ink conduit agreement with Corpus Christi FINAL 4.27.16.docx
Contract 4 CONE)_IX 189 945 CL.
Page 14 of 14
take care of any break, leakage or other public safety risk if, in the opinion of City
Engineer, such closing is necessary to protect the safety of the public.
(17) If CENTURYLINK fails to commence or thereafter to diligently prosecute
any repair, refilling or other work required under this agreement the City may cause the
work to be done at the expense of CENTURYLINK and may recover all such expense
from CENTURYLINK together with all costs and reasonable attorney fees.
(18) City shall have the power at any time to order and require CENTURYLINK
to remove or abate any facility that is dangerous to life or property, and in the event
CENTURYLINK fails or refuses to comply after reasonable notice, City shall have the
power to remove or abate such facility at the expense of CENTURYLINK, all without
compensation or liability for damages to CENTURYLINK.
(19) CENTURYLINK shall coordinate all such construction, repair or
replacement with City Engineer.
(20) Upon completion of the construction, extension or replacement of the
telecommunications system for which a construction permit has been acquired,
CENTURYLINK shall provide the City as-built drawings within 60 days. Accuracy of as-
built drawings shall meet a survey level of accuracy of 1 foot to 50,000 feet. The
drawings shall also be supplied In DXF computer file format with the location tied to one
nearby UPS (Global Positioning System) City Monument. If the total length of the
construction extension or replacement exceeds 1,000 feet in length within the City, it
shall be tied to at least two UPS City Monuments.
(20) City Engineer shall have the power to make such other reasonable rules and
regulations for the placement and manner of such facilities as he may deem appropriate
for the protection of the public and the Public Ways and to avoid unreasonable
interference with other uses or contemplated uses of the Public Ways. City Engineer
may perform regulatory inspections of any utility from time to time as he may deem
appropriate for the safety of the public. City Engineer shall give five days prior written
notice to agreement as to the time and date of any such inspections. CENTURYLINK
shall have the right to have a representative present during such inspection.
(21) When submitting an application for a construction permit as provided in this
agreement, CENTURYLINK agrees to pay the applicable permit fees.
(22) No construction permit shall be granted to CENTURYLINK unless and until
all fees due and payable pursuant to this agreement have been paid in full, including
any fees due and payable for such construction permit.
C:1Uscrs\arb91001DocumentslCorpus Christi conduit leaselCenturyLink conduit agreement with Corpus Christi FINAL 4.27.I6.docx
Contract 1 CONI) TX 189946 CI,
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-68899
CenturyLink Communications, Inc.
New Century, KS United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/10/2016
being filed.
City of Corpus Christi,TX Dae Ac nowledr'+ J
�1 1 11( f,
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
111
Continue the lease of conduit owned by the City of Corpus Christi, TX for the next 10 years
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
El
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
kW Oili MEW"
Moto cif Kam%
My Ei 12
Commission(c7�llfofi +� ',Zpnature of authorized agent of contracting business entity
v _� . .
AFFIX NOTARY STAMP/S LAB V ZAAL,
Sworn to and subscribed before me,by the said A I, i �., L• A big this the ` day of
20 )(p ,to certify wnich,witness my hand and seal of office.
K./7/ i . --- &-)--A. tt,i(Ft Cvsg__
Signature of officer administering oath Orinted name of officer administering oath Title of officer administering oath