HomeMy WebLinkAboutResolution - 2001-R0207 - Contract Agreement - Southwestern Bell Telephone Co. - 06/14/2001Resolution No. 2001-80207
June 14, 2001
Item No. 33
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock
and Southwestern Bell Telephone Company to relocate and maintain telephone lines, and any
other related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 14th day of June 2001.
44��Z jj�
WNDY SI A OR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agohf
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney/Office Practice
LLC: gs/ccdocs/S W Be11Te1Co. res
June 1, 2001
Resolution No. 2001-80207
June 14, 2001
Item No. 33
AGREEMENT TO RELOCATE AND MAINTAIN TELEPHONE LINES
THIS AGREEMENT TO RELOCATE AND MAINTAIN TELEPHONE LINES
made this 14th day of June , 2001, subject to the terms and conditions set forth
herein, between the City of Lubbock, Lubbock International Airport, located at 5401 N.
MLK Blvd, Lubbock, Texas 79403 (herein called "City"), and SOUTHWESTERN
BELL TELEPHONE COMPANY (herein called "SWBT").
WHEREAS, the City of Lubbock desires to construct a rail spur to provide access
from Burlington Northern Santa Fe Railroad mainline to the proposed Interport Trade
Center at the Lubbock International Airport; and
WHEREAS, said construction activities will require certain adjustments, and/or
relocation of the existing facilities of SWBT; and
WHEREAS, the parties desire to allocate the costs and responsibilities for
relocation of the existing facilities and maintenance of the relocated facilities across and
along the rail spur corridor;
NOW, THEREFORE, the parties hereto, for the consideration hereinafter expressed do
covenant and agree as follows:
Subject to the terms and conditions hereinafter set forth City grants permission for
SWBT to relocate, construct, replace, repair and maintain telephone lines across and
along the rail spur corridor at or near centerline stations 8+95, 43+47, and 43+50, the
location being more particularly shown in Exhibit A and made a part hereof.
2. This agreement shall be effective June 14 2001 , and shall continue so long as
City maintains the rail spur facility in this location. In the event City no longer
maintains the rail spur facility in this location, or transfers ownership thereof, City
agrees to take such steps as are necessary to protect and preserve SWBT's right, as
granted by this agreement, to utilize, repair, replace and maintain its facilities within
said rail spur, and City agrees to require its assignees and assigns to protect and
preserve SWBT's rights hereunder. .
3. SWBTagrees to relocate the telephone lines in accordance with the written directions
of the City, and without interference with other structures now in place.
4. City agrees to reimburse SWBT for reasonable costs and expenses, incurred in a one-
time relocation of the existing facilities, (including, but not limited to labor, materials,
and supplies, handling and storage charges, subcontractors, transportation and
equipment, preliminary engineering, construction engineering and inspection, permit
fees, taxes and overheads), which costs have been estimated to be $10,816.98
Utility Relocation & Maintenance Agreement
Page 1
a. Should the costs of the work materially exceed preliminary estimated cost,
SWBT shall notify City in writing of such fact and the reasons therefore as
promptly as possible and cease work until advised by the City to continue.
b. Following completion of the relocation, SWBT shall submit a final invoice
detailing all direct and indirect costs incurred by SVVBT in relocating the
telephone lines, and City agrees to pay such invoice within 15 days of
receipt thereof. SVVBT shall maintain records verifying cost incurred for a
period of two years and shall provide said records to the City for review if
requested.
C. If, due to the fault of SWBT, the relocation is not performed in
accordance with the City's written directions, costs for adjustments to the
relocated utility shall be the responsibility of SWBT.
d. By agreeing to or by abandoning, relocating or modifying any of its
telephone lines pursuant to this Agreement, SWBT shall not thereby be
deemed to have abandoned, modified, released, or otherwise destroyed any
of its rights existing at the time of the execution of this Agreement under
valid and subsisting public or private right-of-way easements granted to or
otherwise vested in the SWBT unless SWBT shall have released same by
written instrument. All telephone lines relocated by SWBT will continue
to be owned and operated by SWBT.
5. SWBT agrees at its own cost to maintain the telephone lines in such a that said lines
will not at any time be a source of danger to or interference with the tracks, roadbed
or rail corridor of City or the safe operation of the railroad.
a. SWBT will perform any maintenance or repairwork in such a manner to
preclude damage to the property of City and preclude interference with the
operation of the railroad spur. After performing maintenance SWBT shall
at its own cost restore City's premises to their former state .
b. SWBT assumes, and agrees to defend, indemnify and hold City harmless
from and against all loss, costs, expenses (including attorneys' fees),
claims, suits and judgments whatsoever in connection with injury to or
death of any person(s) or loss of or damage to any property caused by or in
any way connected with the installation, maintenance, use, presence,
reconstruction, relocation, renewal or removal of telephone lines, except to
the extent caused by the fault or negligence of City.
b. When the railroad spur is in active use, SWBT will require all contractors
employed for any construction, repair, maintenance, replacement or
removal to procure and to maintain during the course of such work at
contractor's expense, a policy of Commercial General Liability (CGL)
Utility Relocation & Maintenance Agreement
Page 2
Insurance and Railroad Protective Liability (RPL) Insurance covering
liability assumed by SWBT under this Agreement with a coverage limit of
not less than two million dollars ($2,000,000) Combined Single Limit per
occurrence for bodily injury and property damage and at least two million
dollars ($2,000,000) aggregate limit during each annual policy period
C. If at any time after being given 30 days written notice, SWBT shall, in the
reasonable judgment of City, fail to perform properly its obligations under
this paragraph, City may, at its option, arrange for the performance of such
work as it deems necessary for the safe operation of its railroad, and in
such event SWBT agrees to pay, within fifteen (15) days after bill is
rendered therefor, the reasonable cost incurred by City. Failure on the part
of City to perform the obligations of SWBT shall not release SWBT from
liability for any loss or damage occasioned thereby.
6. This Agreement shall be governed by the Laws of the State of Texas.
7. If any part, section or paragraph of this Agreement is determined to be invalid, illegal,
or unenforceable, for any reason, such determination shall not affect the validity,
legality or enforceability of all other parts of this Agreement.
8. Unless otherwise so designated in this Agreement, the terms and conditions of this
Agreement shall inure to the benefit of and be binding upon the parties hereto and
their respective successors, and assigns.
9. This Agreement is the full and complete agreement between the parties with respect
to all matters relating to the relocation and/or maintenance of the telephone lines, and
supercedes all other agreement between the parties on this subject.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate on the
day and year first above written.
CITY OF LUBBOCK
SOUTHWESTERN BELL
TELEPHONE COMPANY
WINDY SI N, MAYOR BY:t,
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Utility Relocation & Maintenance Agreement
Page 3
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agen
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
Utility Relocation & Maintenance Agreement
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CITY OF LUBBOCK
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