R-08-09-11-11D1 - 9/11/2008RESOLUTION NO. R -08-09-11-11D1
WHEREAS, the City of Round Rock wishes to enter into a
Reimbursement Agreement with MCI Communications Services, Inc.
("MCI") for the relocation of a fiber optic line owned by MCI in
connection with the Arterial A 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
Communications 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 llth day of September, 2008.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
SARA L. WHITE, City Secretary
0:\WDOX\RESOLUTI\R80911D1.DOC/TRIC
90806K Round Rock, TX
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (herein "Agreement") is made and entered into and effective this day of
, 2008, by and between MCI COMMUNICATIONS SERVICES, INC., a Delaware corporation (herein
"MCI"), 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, TEXAS 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, MCI. 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, City of Round Rock, Texas is constructing a new north/south roadway ("Roadway") that will cross under the
Union Pacific Railroad Tracks ("Railroad ROW") and MCI is a Grantee of an easement obtained from the Union Pacific
Railroad on Railroad ROW ("Easement"); and
WHEREAS, MCI has fiber optic cables located in the Easement ("Facilities"); and
WHEREAS, as a result of Reimbursor's construction activity for the Roadway, Reimbursor has requested MCI to relocate or
protect a portion of its Facilities without cost or risk to MCI; and
WHEREAS, MCI understands that the Roadway is necessary for the public health, safety and welfare, and therefore time is of
the essence of this Agreement; and
WHEREAS, MCI, 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 MCI 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, MCI 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 MCI in connection with the Project.
3. Except as provided in paragraph 4, Reimbursor agrees to bear all direct and indirect costs incurred by MCI and relating
to any construction by MCI in connection with the Project.
4. The total cost of the Project is estimated to be Two Hundred Nineteen Thousand Seven Hundred Thirty Three and
No/100 Dollars ($219,733.00), as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is anestimate
and shall not be construed as limiting the amount MCI is to be reimbursed by Reimbursor under this Agreement. MCI shall
provide notice to Reimbursor when MCI becomes aware that actual costs will exceed the estimate by more than ten percent
(10%). MCI 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, MCI shall make an accounting of final, unpaid, actual costs ofthe 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.
s
EXHIBIT
ItAtl
6. No work shall be performed by Reimbursor within ten feet (10') on either side of the existing MCI Facilities in the
right-of-way until the Project has been completed.
7. The obligations of MCI are subject to force majeure and MCI 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 MCI.
8. Written notice shall be given to MCI 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 MCI 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 MCI 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 MCI 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.
12. MCI acknowledges and understands that time is of the essence in the relocation of its Facilities and therefore, MCI
agrees to complete the relocation within a reasonable time after given notice to commence work, so long as such work is not
delayed by force majeure or any other cause beyond the reasonable control of MCI.
1N WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
CITY OF ROUND ROCK, TEXAS
MCI COMMUNICATIONS SERVICES, INC.
By: By:
Alan McGraw Tom E. Avila
Mayor of Round Rock, Texas Grou Tanager
Date: Date:
Attest:
By:
Sara White, City Secretary
u -A-- f ;9°X
C:\Documents and Settings\kay.parsons\Local Settings\Temporary Internet Files 1OI 11\90806K RoundRock TX Reimb Agr MCI - draft- RHC 7-1-08.DOC
Transmission Systems Constr-0tion
R&U Project Budget
5/20/2008
Page 1 of 2 2
Project #: 90806K Revision: 1 Date Prepared: 5/12/2008
Title: ROUND ROCK TX UPRR MP 159 ARTERIAL A REI Engineer REEVES_ JORDY
Site Code; ATINTX Lead Engineer
Capital Project:
Capital Prj. Title:
Regen/Regen Spans:
ESTIMATED ENGINEERING TIME: (DAYS)
Engineering:
Drafting:
As Built Doc.
TIME FRAME TOTAL
Investigation#:
Disposition: Refund
A)
B)
C)
D)
E)
F)
G)
H)
60
8
City ROUND ROCK
State: Texas
Footage: 3000
TIMEFRAME`
SCHEDULE
Eng. Start: 7/1/2008
Eng. Complete:
SUMMARY OF ESTIMATED COSTS
ENGINEERING
INSPECTION SERVICES
MCI FURNISHED MATERIALS .
CONTRACTOR UNIT PRICE SCHEDULE
SPLICING LABOR
SUBTOTAL
OVERHEAD - 20% OF ITEMS A -C & E
OVERHEAD - 5% OF ITEM D
TOTAL - LOADED PROJECT COST
A) ENGINEERING
REF DESCRIPTION
ESTIMATED CONST. TIME: (DAYS)
Construction:
TIME FRAME TOTAL:
Construction Start: 8/15/2008
Construction Complete: 8/30/2008
QTY UNIT $
$20,335.00
$22,750.00
86,915.00
$160,643.00
$9,090.00
8219,733.00
$0.00
$0.00
$219,733.00
EXT. $
1)
5)
8)
'Engineer Davc (Internall
Reennic (Ac-Rnilter Davc) (Internal)
Mice In -Hc Dec SVCS (IAunt) Sum) (External)
ENGINEERING Sub TOTAL
60 $101.00
8 $101.00
1 813,467.00
$6,060.00
$808.00
$13,467.00
$20,335.00
Lead Engineer: Date.
Transmission Systems Constrf""tion
R&U Project BudEet
5/20/2008
EyJ; b 4- C3
Page of 2 2
REF DESCRIPTION
B) INSPECTION SERVICES
DAYS QTY UNIT S
EXT. $
2)
5)
MCI Tome :tor (Inc mnh 1 (F.xte'rnall
Railroad Flagman
$350.00
$1,100.00
$7,350.00
$15,400.00
INSPECTION SERVICES Sub TOTAL
REF DESCRIPTION
C) T11 et nJRN SH D 1 MAULS
UNITS QTY UNIT $
$22,750.00
EXT. $
Fiber (Win ratite.
Cott Tubular Mkr (16- Pnctc
Handhnlec
Snlicing Materials
Shinning (I.mmn Sinn)
FT
FA
FA
F.A
F.A
4000 $0.39
4 $45.00
4 $673.00
2 $900.00
1 $683.00
$1,560.00
$180.00
$2,692.00
$1.800.00
$683.00
MCI FURNISHED MATERIALS Sub TOTAL $6,915.00
REF DESCRIPTION
Addendum to Unit Price Schedule
UNITS QTY UNIT $ EXT. $
59)
T mmn Cnm Construction Services
F.A 1 160,643.00 $160,643.00
CONTRACTOR UNIT PRICE Sub TOTAL
REF DESCRIPTION
E) SPLICING LABOR
UNrr S QTY UNIT $
$160,643.00
EXT. $
65)
Hot Snliext Rnllnver (TS())
HR 90
$101.00
$9,090.00
SPLICING LABOR Sub TOTAL
$9,090.00
DATE: September 4, 2008
SUBJECT: City Council Meeting — September 11, 2008
ITEM: 11D1. Consider a resolution authorizing the Mayor to execute a
Reimbursement Agreement with MCI Communications Services Inc., for
the relocation of fiber optic cables for the Arterial A construction project.
Department:
Staff Person:
Justification:
Transportation Services
Thomas G. Martin, P.E., Transportation Services Director
The City is required to reimburse MCI Communications Services, Inc. (Verizon) to relocate fiber
optic cables, which are in conflict with construction of Arterial A, because the cables are located
in the telecommunication company's easement.
Funding:
Cost: $219,733.00
Source of funds: 4B — Round Rock Transportation Development Corporation
Outside Resources:
MCI Communications Services, Inc.
Background Information:
The construction of Arterial "A" from Joe DiMaggio to 1,500 feet south of US 79 includes
constructing a 6 -lane divided arterial roadway with curb and gutter, grade separated crossings
under US 79 and the Union Pacific Railroad, bicycle/pedestrian facilities within the right-of-way
and drainage and adjusting utilities. This new roadway will provide a new north -south grade
separated crossing under the Union Pacific Railroad east of IH 35, which will improve mobility,
add travel capacity, improve safety and make development south of US 79 possible.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
90806K Round Rock, TX
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT (herein "Agreement") is made and entered into and effective this 1( day of
2008, by and between MCI COMMUNICATIONS SERVICES, INC., a Delaware corporation (herein
I"), 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, TEXAS 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, MCI. 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, City of Round Rock, Texas is constructing a new north/south roadway ("Roadway") that will cross under the
Union Pacific Railroad Tracks ("Railroad ROW") and MCI is a Grantee of an easement obtained from the Union Pacific
Railroad on Railroad ROW ("Easement"); and
WHEREAS, MCI has fiber optic cables located in the Easement ("Facilities"); and
WHEREAS, as a result of Reimbursor's construction activity for the Roadway, Reimbursor has requested MCI to relocate or
protect a portion of its Facilities without cost or risk to MCI; and
WHEREAS, MCI understands that the Roadway is necessary for the public health, safety and welfare, and therefore time is of
the essence of this Agreement; and
WHEREAS, MCI, 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 MCI 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, MCI 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 MCI in connection with the Project.
3. Except as provided in paragraph 4, Reimbursor agrees to bear all direct and indirect costs incurred by MCI and relating
to any construction by MCI in connection with the Project.
4. The total cost of the Project is estimated to be Two Hundred Nineteen Thousand Seven Hundred Thirty Three and
No/ 100 Dollars ($219,733.00), as detailed in Exhibit B. Reimbursor acknowledges and agrees that this amount is an estimate
and shall not be construed as limiting the amount MCI is to be reimbursed by Reimbursor under this Agreement. MCI shall
provide notice to Reimbursor when MCI becomes aware that actual costs will exceed the estimate by more than ten percent
(10%). MCI 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, MCI 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 MCI Facilities in the
right-of-way until the Project has been completed.
7. The obligations of MCI are subject to force majeure and MCI 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 MCI.
8. Written notice shall be given to MCI 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 MCI 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 MCI 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 MCI 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.
12. MCI acknowledges and understands that time is of the essence in the relocation of its Facilities and therefore, MCI
agrees to complete the relocation within a reasonable time after given notice to commence work, so long as such work is not
delayed by force majeure or any other cause beyond the reasonable control of MCI.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
CITY OF ROUND ROCK, TEXAS
By:
AlanTMcGraw
Mayor o�undC� exps
Date: Wf Qj
Attest:
Bv:
ate)
Sara White, City Secretary
MCI COMMUNICATIONS SERVICES, INC.
By:
Tom E. Avila
Group Manager e7
Date: O..'v,-T S
C:\Documents and Settings\kay.parsons\Loca1 Settings\Temporary Internet Files \O1i11\90806K RoundRock TX Reimb Agr MCI - draft- RHC 7-1-08.DOC
EXHIBIT A
Scope of Work
ROUND ROCK, TEXAS - UPRR Mile Post 159 Relocation
MCI Project # 90806K
BACKGROUND:
City of Round Rock, Texas is constructing a new north/south roadway that will cross
under the existing Union Pacific Railroad Tracks and the MCI long distance cable located
on the Union Pacific Railroad right-of-way at about mile post 159, Round Rock,
Williamson County, Texas.
SCOPE OF WORK:
MCI will take the lead and relocate both the MCI facilities and the Sprint facilities. MCI
will directional bore one HDPE for MCI for approximately 580 feet and directional bore
2 HDPE for Sprint for approximately 1325 feet and replace 4 MCI handholes and 2
Sprint handholes. Approximately 2300 feet of MCI cable will be placed and
approximately 1500 feet of Sprint cable will be placed.
CONTACTS:
MCI
Project Manager: Jordy Reeves
Off # 972-729-7407; Cell # 214-674-0555
Email: jordy.reeves@verizonbusiness.com
Agreements: Kay Parsons
Off # 972-729-5005
Email: kay.parson(c�verizonbusiness.com
City of Round Rock, Texas:
Bill Stablein, Construction Coordinator
2008 Enterprise Drive, Round Rock, TX 78664
ph # 512-218-3237
bstablein@round-rock.tx.us
Regional Manager: Larry Saunders
Off # 972-729-5908
Transmission Systems Constr —tion Ohl' bi f-
R&U Project Budget
5/20/2008
Pave 1 of 2 2
Proiect #: 90806K Revision: 1 Date Prepared: 5/12/2008
Title: ROUND ROCK. TX UPRR MP 159 ARTERIAL A REI Engineer: REEVES. JORDY
Site Code: ATINTX Lead Engineer
Capital Project: City: ROUND ROCK
Capital Prj. Title: State: Texas
Regen/Regen Spans: Footage: 300°
TIMEFRAME
ESTIMATED ENGINEERING TIME: (DAYS)
Engineering: 60
Drafting:
As Built Doc. 8
ESTIMATED CONST. TIME: (DAYS)
Construction:
TIME FRAME TOTAL TIME FRAME TOTAL:
SCHEDULE
Investigation#: Eng. Start: 7/1/2008 Construction Start: 8/15/2008
Disposition: Refund Eng. Complete: Construction Complete: 8/30/2008
SUMMARY OF ESTIMATED COSTS
A) ENGINEERING $20,335.00
B) INSPECTION SERVICES $22,750.00
C) MCI FURNISHED MATERIALS - $6,915.00
D) CONTRACTOR UNIT PRICE SCHEDULE $160,643.00
E) SPLICING LABOR $9,090.00
F) SUBTOTAL $219,733.00
G) OVERHEAD - 20% OF ITEMS A -C & E 80.00
H) OVERHEAD - 5% OF ITEM D $0.00
I) TOTAL - LOADED PROJECT COST $219,733.00
A) ENGINEERING
REF DESCRIPTION QTY UNIT $ EXT. $
1) F.nvineer T)avc (Internal) 60 $101.00 $6,060.00
5) Recnrws (Ac-flnilter Dave) (Tnternall 8 $101.00 $808.00
8) Misc Tn-TTs Des Svcs (Taimn Sum) (External) 1 $13,467.00 $13,467.00
ENGINEERING Sub TOTAL $20,335.00
Lead Engineer.
Date.
Transmission Systems Constr"'tion
R&U Project Budget
EA; B
5/20/2008 PAPP ? of 2 2
REF DESCRIPTION
B) INSPECTION SERVICES
DAYS QTY UNIT $ EXT. $
2) MCI Timone:tor (Inc molt 1 (Fxternall 1 1 $350.00 $7,350.00
5) Railroad F1aPtnan
14 1 $1,100.00 $15,400.00
INSPECTION SERVICES Sub TOTAL $22,750.00
REF DESCRIPTION
C) MCI FURNISHED MATERIALS
UNITS QTY UNIT $ EXT. $
1) Fiber antic Cable. FT 4000 $0.39 $1,560.00
5) Cott Tubular Mkr /Rr Posts F.A 4 $45.00 $180.00
9) Handhnlec FA 4 $673.00 $2,692.00
11) SnlicinP 11/laic-Tints FA 2 $900.00 $1.800.00
12) ShinninP ammo Slim) FA 1 $683.00 $683.00
MCI FURNISHED MATERIALS Sub TOTAL $6,915.00
REF DESCRIPTION
Addendum to Unit Price Schedule
UNTTS QTY UNIT $ EXT. $
59) Limn Sum Construction Services FA 1 160,643.00 $160,643.00
CONTRACTOR UNIT PRICE Sub TOTAL 5160,643.00
REF DESCRIPTION
E) SPLICING LABOR
UNITS QTY UNIT $ EXT. $
65) Hot Snlice Rollover (TSO
HR
90 $101.00 $9,090.00
SPLICING LABOR Sub TOTAL 59,090.00