R-05-07-14-11G2 - 7/14/2005 RESOLUTION NO. R-05-07-14-11G2
WHEREAS, the City of Round Rock wishes to enter into a
Reimbursement Agreement with MCI Worldcom Network Services, Inc .
( "MCI" ) for the relocation of fiber optic cables owned by MCI in
connection with the A.W. Grimes Boulevard Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City said Reimbursement Agreement with MCI Worldcom
Network Services, Inc . , a copy of same being attached hereto as Exhibit
"A" and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 14th day of July, 20
mayer
Ci_tof Round Rock, Texas
A EST: AL-4) Me-&P-ALL) , fnayo2 pp-o-7G m
CHRISTINE R. MARTINEZ, City Sec tart'
@PFDesktup\::CDMA/WORLDOX/O:/WDOX/RESOLUTZ/R50714G2.WPD/sc
90346K Round Rock,TX
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT(herein"Agreement")is made and entered into and effective this day of
, 2005, by and between MCI WORLDCOM Network Services, Inc., a Delaware corporation (herein
"MWNS"),on behalf of itself and/or its Affiliate(s),having a mailing address at 2400 North Glenville,Richardson,Texas
75082,and CITY OF ROUND ROCK,a Texas home-rule municipal corporation, (herein"Reimbursor"),having a mailing
address at 221 East Main Street,Round Rock, Texas 78664. "Affiliate"means an entity that directly or indirectly owns or
controls, is owned or controlled by, or is under common ownership or control with, MWNS. For the purposes of this
Agreement,"own'or"control'means to own an equity interest(or equivalent)of at least ten percent(10%),or the right to
control the business decisions, management and policy of another entity performing any of the obligations set forth in this
Agreement.
WITNESSETH:
WHEREAS,Union Pacific Railroad("Railroad")maintains a railroad crossing bridge across Brushy Creek in Williamson
County,Texas and owns the property under the bridge("Railroad ROW")and MWNS is a Grantee of an easement obtained
from the Railroad on Railroad ROW("Easement");and
WHEREAS,MWNS has fiber optic cables located in the Easement("Facilities");and
WHEREAS, Reimbursor is constructing an extension of an arterial roadway known as A.W. Grimes Blvd., with public
utilities, sidewalks, drainage structures, including drainage inlets, and storm water system lines, and manholes, and any
necessary area lighting, signal lighting systems and landscaping as depicted on the location map attached hereto and
incorporated herein as Exhibit C (the"Roadway Extension")and has been granted a license by the Railroad to construct
such Roadway Extension, and use and maintain the roadway on the Railroad ROW;and
WHEREAS,as a result of Reimbursor's construction activity for the Roadway Extension,Reimbursor has requested MWNS
to relocate or protect a portion of its Facilities without cost or risk to MWNS;and
WHEREAS,MWNS,under the terms hereinafter stated,is willing to undertake such relocation or protection of its Facilities
(herein the"Project") solely in order to accommodate Reimbursor,provided Reimbursor reimburses MWNS for all of its
costs, both direct and indirect, associated with the Project.
NOW THEREFORE, in consideration of the promises and mutual covenants herein contained,MWNS hereby agrees to
undertake the Project in accordance with the attached Exhibit A. subject to the following terms and provisions:
1. Reimbursor agrees that Exhibit A represents the scope of work for the Project.
2. Reimbursor may, at its own expense, inspect construction performed by MWNS in connection with the Project.
3. Except as provided in paragraph 4,Reimbursor agrees to bear all direct and indirect costs incurred by MWNS and
relating to any construction by MWNS in connection with the Project. Reimbursor waives any and all delay damage claims,
except if caused solely by the gross negligence or willful misconduct of MWNS.
4. The total cost of the Project is estimated to be Two Hundred Thirty-Three Thousand Eighty Five and No/100 Dollars
($233,085.00),as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate and shall not
be construed as limiting the amount MWNS is to be reimbursed by Reimbursor under this Agreement. MWNS shall provide
notice to Reimbursor when MWNS becomes aware that actual costs will exceed the estimate by more than ten percent
EXHIBIT
8
All
(10%).MWNS may,in its sole discretion,submit to Reimbursor an itemized invoice for actual Project costs not more often
than monthly. Reimbursor shall pay the full invoice within thirty(30)days' following receipt of same.
5. Following the completion of this Project, MWNS shall make an accounting of final, unpaid, actual costs of the
Project and provide Reimbursor with a copy of said accounting and an itemized invoice therefor.Reimbursor shall pay the
full invoice within thirty(30)days after receipt.
6. No work shall be performed by Reimbursor within ten feet(10')on either side of the existing MWNS facilities in the
right-of-way until the Project has been completed.
7. The obligations of MWNS are subject to force majeure and MWNS shall not be in default of this Agreement if any
failure or delay in performance is caused by strike or other labor problems; accidents; acts of God; fire; flood; adverse
weather conditions;material or facility shortages or unavailability;lack oftransportation;the imposition of any governmental
codes,ordinances,laws,rules,regulations or restrictions,including,without limitation,the necessity of obtaining permits or
environmental assessments or environmental approvals;condemnation or the exercise of rights of eminent domain;war or
civil disorder;or any other cause beyond the reasonable control of MWNS.
8. Written notice shall be given to MWNS by Reimbursor at least forty-eight(48)hours,excluding Saturday,Sunday
and legal holidays,in advance of commencement of any work in the immediate permitted area,but not within said ten feet
(10)on either side,of the MWNS facilities as set forth in Section 6,above. Said notice shall be given to those individuals
listed on the Contact Sheet of Exhibit A. In the event of an emergency, Reimbursor shall provide telephonic notice to
MWNS at 1-800-MCI-WORK upon Reimbursor's notice of such emergency.
9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding by
and between MWNS and Reimbursor pertaining to the Project.
10. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors
and assigns.
11. Each party warrants that it has the full right and authority to enter into this Agreement. All necessary approvals and
authority to enter into this Agreement have been obtained and the person executing this Agreement on behalf of each party
has the express authority to do so and in so doing,to bind such party hereto.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written.
CITY OF ROUND ROCK,TEXAS MCI WORLDCOM NETWORK SERVICES,INC.
B J6)-�, 4 "
By: By:
Nyle Maxwell Tom E. Avila
Mayor of Round Rock,Texas Senior Manager OSP National Support
Date: Date: (o--7-06
Attest:
By:
Christine Martinez,City Secretary
CADocuments and Settings\kay.parsons\My Documents\AGREEMENTS\Texas\9(2346K RoundRock,TX.Brushy Creek.Reimb.Agr.Neg.DOC
EXHIBIT A
Description of Work
City of Round Rock, Texas
UP Railroad / Brushy Creek MCI/Sprint Relocation
Round Rock, Texas
Project Statistics
Estimated Route Miles
Estimated Fiber Miles
Estimated Project Duration (weeks)
Engineering
Permitting
Construction
Splicing
Total
Description of Work
This cost estimate is for the joint relocation of both MCI and Sprint LD cables along the UP Right of Way
at M.P. 160 for the City of Round Rock,Texas Brushy Creek Project. A 5"Drill Stem BSP will be
directional bored approximately 1150' and then a separate track bore will be made for MCI.
Handholes will be set over MCI and Sprint and then cables pulled for each for hot cut splicing.
Estimate also includes the removal of the existing Bridge Attachment conduit off of the bridge which
contains the existing MCI cable as required by UP Railroad after the MCI cable is cut over.
Expense Components:
Assumptions CONTACTS
None MCI
Project Manager:Jordy Reeves Agreements: Kay Parsons
Phone: 972-729-7407 Phone:972-729-5005
Email:jordy.reeves@mci.com email: kay.parsons@mci.com
City of Round Rock,Texas
David Bartels,Transportation Services Department
Project Manager
212 Commerce Cove
Round Rock, TX 78664
Phone: 511-215-5562
Page 1 of 1
EXHIBIT B
SUMMARY
MCI Proj # 90346K Round Rock, Texas
Capital Expense Total Project
Engineering & Inspection $0 $23,544 $23,544 10%
Permit&Third Party Inspection $0 $15,840 $15,840 7%
Construction Material & Labor
Construction Labor $0 $163,327 $163,327 70%
Splice, Term, Testing $0 $16,140 $16,140 7%
Cable $0 $1,495 $1,495 1%
All Other Backbone Material $0 $4,675 $4,675 2%
Internal Costs $0 $8,064 $8,064 3%
Project Total $0 $233,0851 $233,085
Capital/Expense Ratio 0% 100%
Cost Per Mile $0
Cost Per Foot $0.00
* Cost Per Mile is less than $200,000, no additional comments required
Page 1 of 1
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CONSTRUCT A.W. GRIMES BOULEVARD PHASE II
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A.W. Grimes Phase II
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From U .S. 79 to Lake Creek
DATE: July 8, 2005
SUBJECT: City Council Meeting - July 14, 2005
ITEM: 11.G.2. Consider a resolution authorizing the Mayor to execute a
Reimbursement Agreement with MCI Worldcom Network Services,
Inc. for the relocation of utilities for the A.W. Grimes Boulevard
Project.
Department: Transportation Services
Staff Person: Tom Martin, Director of Transportation Services
Justification:
This agreement will provide reimbursement to MCI WORLDCOM Network Services for adjusting
the location of their fiber optic cable. The cable location is in conflict with the location of A.W.
Grimes Boulevard as A.W. Grimes passes under the Union Pacific railroad bridge and over Brushy
Creek.
Funding:
Cost: $ 233,085.00
Source of funds: Round Rock Transportation System Development Corporation
Outside Resources: MCI WORLDCOM Network Services, Inc.
Background Information:
MCI WORLDCOM Network Services, Inc. will be entering into a separate Joint Construction
Agreement with Sprint Communications Company to relocate both the MCI and Sprint fiber optic
cables at an approximate cost savings to the City of $116,000. MCI and Sprint have successfully
entered into similar agreements on the SH 130 project.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
r
90346K Round Rock,TX
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT(herein"Agreement")is made and entered into and effective this�day of
U L iii , 2005, by and between MCI WORLDCOM Network Services, Inc., a Delaware corporation (herein
"MWNS*'),') on behalf of itself and/or its Affiliate(s),having a mailing address at 2400 North Glenville,Richardson,Texas
75082,and CITY OF ROUND ROCK,a Texas home-rule municipal corporation, (herein"Reimbursor"),having a mailing
address at 221 East Main Street,Round Rock, Texas 78664. "Affiliate"means an entity that directly or indirectly owns or
controls, is owned or controlled by, or is under common ownership or control with, MWNS. For the purposes of this
Agreement,"own"or"control"means to own an equity interest(or equivalent)of at least ten percent(10%), or the right to
control the business decisions, management and policy of another entity performing any of the obligations set forth in this
Agreement.
WITNESSETH:
WHEREAS,Union Pacific Railroad("Railroad")maintains a railroad crossing bridge across Brushy Creek in Williamson
County,Texas and owns the property under the bridge("Railroad ROW")and MWNS is a Grantee of an easement obtained
from the Railroad on Railroad ROW("Easement"); and
WHEREAS, MWNS has fiber optic cables located in the Easement("Facilities"); and
WHEREAS, Reimbursor is constructing an extension of an arterial roadway known as A.W. Grimes Blvd., with public
utilities, sidewalks, drainage structures, including drainage inlets, and storm water system lines, and manholes, and any
necessary area lighting, signal lighting systems and landscaping as depicted on the location map attached hereto and
incorporated herein as Exhibit C (the"Roadway Extension")and has been granted a license by the Railroad to construct
such Roadway Extension, and use and maintain the roadway on the Railroad ROW; and
WHEREAS,as a result of Reimbursor's construction activity for the Roadway Extension,Reimbursor has requested MWNS
to relocate or protect a portion of its Facilities without cost or risk to MAINS; and
WHEREAS,MAINS,under the terms hereinafter stated,is willing to undertake such relocation or protection of its Facilities
(herein the "Project")solely in order to accommodate Reimbursor, provided Reimbursor reimburses MWNS for all of its
costs,both direct and indirect, associated with the Project.
NOW THEREFORE, in consideration of the promises and mutual covenants herein contained,MWNS hereby agrees to
undertake the Project in accordance with the attached Exhibit A. subject to the following terms and provisions:
1. Reimbursor agrees that Exhibit A represents the scope of work for the Project.
2. Reimbursor may, at its own expense, inspect construction performed by MAINS in connection with the Project.
3. Except as provided in paragraph 4,Reimbursor agrees to bear all direct and indirect costs incurred by MAINS and
relating to any construction by MWNS in connection with the Project. Reimbursor waives any and all delay damage claims,
except if caused solely by the gross negligence or willful misconduct of MWNS.
4. The total cost of the Project is estimated to be Two Hundred Thirty-Three Thousand Eighty Five and No/100 Dollars
($233,085.00),as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate and shall not
be construed as limiting the amount MAINS is to be reimbursed by Reimbursor under this Agreement. MWNS shall provide
notice to Reimbursor when MWNS becomes aware that actual costs will exceed the estimate by more than ten percent
R-0 _V,q _,y-1I&
(10%).MWNS may,in its sole discretion,submit to Reimbursor an itemized invoice for actual Project costs not more often
than monthly. Reimbursor shall pay the full invoice within thirty(30)days' following receipt of same.
5. Following the completion of this Project, MWNS shall make an accounting of final, unpaid, actual costs of the
Project and provide Reimbursor with a copy of said accounting and an itemized invoice therefor.Reimbursor shall pay the
full invoice within thirty(30)days after receipt.
6. No work shall be performed by Reimbursor within ten feet(10')on either side of the existing MWNS facilities in the
right-of-way until the Project has been completed.
7. The obligations of MWNS are subject to force majeure and MWNS shall not be in default of this Agreement if any
failure or delay in performance is caused by strike or other labor problems; accidents; acts of God; fire; flood; adverse
weather conditions;material or facility shortages or unavailability;lack of transportation;the imposition of any governmental
codes,ordinances,laws,rules,regulations or restrictions,including,without limitation,the necessity of obtaining permits or
environmental assessments or environmental approvals;condemnation or the exercise of rights of eminent domain;war or
civil disorder; or any other cause beyond the reasonable control of MWNS.
8. Written notice shall be given to MWNS by Reimbursor at least forty-eight(48)hours,excluding Saturday,Sunday
and legal holidays,in advance of commencement of any work in the immediate permitted area,but not within said ten feet
(10')on either side,of the MWNS facilities as set forth in Section 6,above. Said notice shall be given to those individuals
listed on the Contact Sheet of Exhibit A. In the event of an emergency, Reimbursor shall provide telephonic notice to
MWNS at 1-800-MCI-WORK upon Reimbursor's notice of such emergency.
9. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding by
and between MWNS and Reimbursor pertaining to the Project.
10. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors
and assigns.
11. Each party warrants that it has the full right and authority to enter into this Agreement. All necessary approvals and
authority to enter into this Agreement have been obtained and the person executing this Agreement on behalf of each party
has the express authority to do so and in so doing,to bind such party hereto.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written.
CITY OF OUND ROCK,TEXAS MCI WORLDCOM NETWORK SERVICES,INC.
B B
Y• Y•
ALAN MC RAu>> MAyo1Z PLO 46M Tom E. Avila
Mayor-e€Round Rock, Texas Senior Manager OSP National Support
Date: Date:
Attest:
Christine Martinez, City Secretary
CADocuments and Settings\kay.parsons\My Documents\AGREEMENTS\Texas\9®46K RoundRock,TX.Brushy Creek.Reimb.Agr.Neg.DOC
EXHIBIT A
Description of Work
City of Round Rock, Texas
UP Railroad / Brushy Creek MCI/Sprint Relocation
Round Rock, Texas
Prosect Statistics
Estimated Route Miles
Estimated Fiber Mlles
Estimated Project Duration (weeks)
Engineering
Permitting
Construction
Splicing
Total
Description of Work
This cost estimate is for the joint relocation of both MCI and Sprint LD cables along the UP Right of Way
at M.P. 160 for the City of Round Rock,Texas Brushy Creek Project. A 5"Drill Stem BSP will be
directional bored approximately 1150' and then a separate track bore will be made for MCI.
Handholes will be set over MCI and Sprint and then cables pulled for each for hot cut splicing.
Estimate also includes the removal of the existing Bridge Attachment conduit off of the bridge which
contains the existing MCI cable as required by UP Railroad after the MCI cable is cut over.
Expense Components:
Assumptions CONTACTS
None MCI
Project Manager: Jordy Reeves Agreements: Kay Parsons
Phone: 972-729-7407 Phone: 972-729-5005
Email:jordy.reeves a,mci.com email: kay.parsons@mci.com
City of Round Rock,Texas
David Bartels,Transportation Services Department
Project Manager
212 Commerce Cove
Rn,lnd Rock, TX 796r4
Phone: 51 -L 1 S-J bl
Page 1 of 1
EXHIBIT B
SUMMARY
MCI Proj # 90346K Round Rock, Texas
Capital Expense Total Project
Engineering & Inspection $0 $23,544 $23,544 10%
Permit& Third Parry Inspection $0 $15,840 $15,840 7%
Construction Material & Labor
Construction Labor $0 $163,327 $163,327 70%
Splice, Term, Testing $0 $16,140 $16,140 7%
Cable $0 $1,495 $1,495 1%
All Other Backbone Material $0 $4,675 $4,675 2%
Internal Costs $0 $8,064 $8,064 3%
Project Total $0 $233,0851 $233,085
Capital/Expense Ratio 0% 100%
Cost Per Mile $0
Cost Per Foot $0.00
* Cost Per Mile is less than $200,000, no additional comments required
Page 1 of 1
EXHIBIT " C "
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CONSTRUCT A.W. GRIMES BOULEVARD PHASE II