Contract - Google Fiber Texas, LLC - 9/12/2024 EXECUTION
COPY
Google Fiber No.n87124
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT(the"Agreement",) is dated,entered into and effective as of the
date of the last signature below, by and between the CITY OF ROUND ROCK, TEXAS (the "CITY"), a
Texas Home Rule City, and GOOGLE FIBER TEXAS, LLC ("GOOGLE"), a Texas limited liability
company. The CITY and GOOGLE are collectively referred to herein as the"Parties."
RECITALS
WHEREAS,the CITY plans to construct improvements to a portion of Gattis School Road,referred to as
the Gattis School Road(Segment 3) Project,(the"Road Project"); and
WHEREAS,GOOGLE plans to install conduits, vaults, and fiber optic cable(herein collectively referred
to as"Fiber Project")within the right-of-way of the Road Project;and
WHEREAS,GOOGLE has requested the CITY to add the installation and construction of the conduits and
vaults for the Fiber Project as part of the construction documents for the Road Project; and
WHEREAS,CITY added alternate bid items for the installation and construction of the conduits and vaults
in the bid documents;and
WHEREAS, GOOGLE has expressed its willingness to pay the bid cost of the installation to the CITY
prior to the CITY's execution of the construction contract with the successful bidder;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions
hereinafter set forth,the CITY and GOOGLE mutually agree as follows:
AGREEMENT
1) The CITY has developed plans for the widening and improvement of a portion of Gattis School
Road, known as Gattis School Segment 3, and said plans are referred to herein as the Road Project.
2) GOOGLE has developed plans to install high-speed fiber optic cable in the right-of-way of Gattis
School Road to provide the citizens of the City with high-speed Internet and related services.
3) In the interest of saving time, GOOGLE has requested that the CITY install certain conduits and
vaults to contain the fiber optic cable as part of the construction of the Road Project. In accordance with
this request, the CITY has directed the design engineers of the Road Project to include the Fiber Project in
the construction plans and in the bid documents for the Road Project. The design engineers did so at a cost
of$10,000.
4) The design engineers added alternative line items (the "Fiber Project Bid Items") to the Road
Project bid documents related to the cost of the materials for the Fiber Project and the installation of same.
The Fiber Project Bid Items are numbered 298 through 302 and are shown on Exhibit A, attached hereto
and incorporated herein.The Fiber Project Bid Items total $162,268.00.
5) The total of the above Fiber Project Bid Items and the engineering fees is $172,268. GOOGLE
agrees to pay this amount to the City within 30 days of the effective date of this Agreement. Upon receipt
of these funds, the City agrees to accept the alternative Fiber Project Bid Items and include them in the
Road Project construction contract.
Agreement with Google for fiber; FINAL;03.25.24 4893-7521-7584 v.3
EXECUTION COPY Google Fiber No.n87124
6) If the final cost of the Fiber Project is more than$172,268,then when the Road Project is completed
and accepted by the CITY,GOOGLE agrees to pay the cost of any increase on or before 30 days following
the completion.Likewise,if the cost of the Fiber Project is less than$172,268,then the CITY will reimburse
GOOGLE the amount of the decrease within the same time period.
8) This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County,Texas.This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
9) This document, and all appended documents, constitutes the entire Agreement between
GOOGLE and CITY. This Agreement may only be amended or supplemented by mutual
agreement of the Parties hereto in writing.
10) The Parties agree that time is of the essence with respect to this Agreement.
11) This Agreement shall extend to and be binding upon and inure to the benefit of the Parties'
respective heirs, executors, administrators, successors, and assigns.
[Remainder of page intentionally blank.]
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EXECUTION COPY Google Fiber No.n87124
12) This Agreement may be executed in multiple counterparts, any one of which shall be
considered an original of this document; and all of which, when taken together, shall constitute
one and the same instrument.
IN WITNESS WHEREOF, CITY and GOOGLE have executed this Agreement to be
effective on the date first mentioned above.
Google Fiber Texas,LLC
By: 2024.08.07
Printed
PUipp Schindler 18:07:40
Title: Authorized Signatory
Date Signed: —05'00'
City of Round Rock Texas
By:
Craig org n, Mayor
Date Signed: q-i 2 - 20 Z a
For City, Attest:
By: Frit A/",�
^�gaR c.,;^L� City Clerk
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Ptah Fri K\1�
For City, Approved as to Form:
By:
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Stephanie L. Sandre, City Attorney
3
Google Fiber No.n87124
EXECUTION COPY
EXHIBIT A
Bid Approx. Item Description
Item Quantit Unit and Written Unit Price Unit Price Amount
GATT1S SCHOOL ROAD SEGMENT 3(items i thru 297) S 26,762,805.35
GOGGLE FIBER(Items 298 thru 302) $ 162,268.00
BASE BID:TOTAL(items 1 thru 302) S 26,925,073.35
ALTERNATE
ADD
a EA 465-7038
INLET(COMPL)(PCU)(5FT)(LEFT)
complete in place per Each
for Seven Thousand Six Hundred Ten dollars
and cents. S 7,610.00 S 76,100.00
2A 10 EA 465-7039
INLET(COMPL)(PCU)(5FT)(RIGHT)
complete in place per Each
for Seven Thousand Six Hundred Ten _ dollars
and cents. S 7,610.00 $ 76,100.00
1A 34 EA 465-7040
INLET(COMPL)(PCU)(5FT)(BOTH)
complete in place per EKh
for Eight Thousand Four Hundred Fifty dollars
and cents. S 8,450.00 S 287,300.00
ALTERNATE:ADD(Items 1 A thru 3A) S 439,500.00
DEDUCT
fa 20 FIA 465-9901
INLET(COMPL)(CURB)(TY IIR)(10')
complete in place per Eigh
for Nine Thousand Six Hundred Seventy dollars
and cents. $ 9,670.00 S 193,400.00
a L4 F.A 465-9902
INLET(COMPL)(CURB)(TY IIR)(15')
complete in place per Each
for Twelve Thousand Eight Hundred dollars
and cents. S 12,800.00 $ 435,200.00
ALTERNATE:DEDUCT(Items 61 thru 62) $ 628,600.00
ALTERNATE:TOTAL+l- S (189,10 0.0)
00300-9-2015 Page a Bid Form
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EXECUTION COPY Google Fiber No.n87124
Bid Approx. Item Description
Item Quantit Unit and Written Unit Price Unit Price Amount
295 2 WW-48(511)
REFLECTORIZED PAVEMENT MARKERS
complete in place per fico
for Eighty-Eight dollars
and cents. S 88.00 S 792.00
22& 38 DAY 6185-6002
TMA(STATIONARY)
complete in place per Day
for Three Hundred Two dollars
and cents. S 302.00 S 11,476.00
297 ll DAY 6185-6005
TMA(MOBILE OPERATION)
complete in place per Day
for Nine Hundred Five dollars
and cents. S 905.00 $ 9,955.00
j2$ 44433 LE GF#1
DIRECTIONAL BORE(4"HDPE CONDUIT W/MULE
TAPE)(ROLL DUCT)-LABOR&EQUIPMENT ONLY
complete in place per Linear Foot
for Thirty dollars
and cents. S 30.00 S 132,990.00
29-2 4 EA GF#2
GFB LARGE VAULT(30X48X36)-INSTALL ONLY
complete in place per Each
for One Thousand One Hundred Eighty dollars
and cents. $ 1,180.00 S 4,720.00
300 j F.A GF#3
FURNISH RECORD AS-BUILTS
complete in place per Each
for One Thousand Nine Hundred Twenty dollars
and cents. S 1,920.00 $ 1,920.00
1EA GF#4
GFB SMALL VAULT(24X36X36)-INSTALL ONLY
complete in place per EKh
for Eight Hundred Seventy-Three dollars
and cents. S 873.00 S 13,968.00
34Z 3 GF#5
GFB EXTRA LARGE VAULT(40X64X36)-INSTALL
ONLY
complete in place per E&d
for Two Thousand Eight Hundred Ninety dollars
and cents. S 2,890.00 $ 8,670.00
00300-9-2015 Page 5 Bid Form