CM-06-04-06390485K Round Rock, TX
REIMBURSEMENT AGREEMENT
TS REIMBURSEMENT AGREEMENT (herein "Agreement") is made and entered into and effective this / day of
, 2006, by and between MCI COMMUNICATIONS SERVICES, INC., a Delaware corporation (herein
"M I"), on behalf of itself and/or its Affiliates
(), having a mailing ailing 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, Union Pacific Railroad ("Railroad") owns and maintains the railroad right-of-way located at the crossing of
Red Bud Lane/Williamson County Road 122 , Williamson County, Round Rock, Texas ("Railroad ROW") and MCI is a
Grantee of an easement obtained from the Railroad on Railroad ROW ("Easement"); and
WHEREAS, MCI has fiber optic cables located in the Easement ("Facilities"); and
WHEREAS, Reimbursor is widening Red Bud Lane/Williamson County Road ("WCR") 122 from US 79 to WCR 123,
Williamson County, Round Rock, Texas as depicted on the location map attached hereto and incorporated herein as Exhibit
C (the "Road Widening") and has been granted a license by the Railroad to construct such Road Widening; and
WHEREAS, as a result of Reimbursor's construction activity for the Road Widening, Reimbursor has requested MCI to
relocate or protect a portion of its Facilities without cost or risk to MCI; 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. Reimbursor waives any and all delay damage claims,
except if caused solely by the gross negligence or willful misconduct of MCI.
4. The total cost of the Project is estimated to be Twelve Thousand Four Hundred Fifty and No/100 Dollars
($12,450.00), 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
CITY OF ROUND ROCK, TEXAS
Bv.
: James R. Nuse
anager, City of Round Rock, Texas
Date:
Attest:
By() E
rJ�
Name:C/-i j j5 i/ 6Ae j, Slecretary
MCI COMMUNICATIONS SERVICES, INC.
By:6)r1
Tom E. Avila
Senior anaqr OSP National Support
Date: a / 0) --0C) (p
2
EXHIBIT A
Scope of Work
ROUND ROCK, TEXAS - CR 122/123 LD Cable Protection
MCI Project # 90485K
BACKGROUND:
City of Round Rock, Texas is making improvements and widening the road crossing at
County Road 122 and the Union Pacific Railroad tracks (about mile post 157), Round
Rock, Williamson County, Texas conflicting with MCI long distance facilities.
SCOPE OF WORK:
MCI will expose 150 feet of MCI long distance duct and place 4 inch split steel over the
duct for protection.
CONTACTS:
MCI
Project Manager: Jordy Reeves
Off # 972-729-7407; Cell # 214-674-0555
Email : j ordy.reeves@verizonbusiness.com
Agreements: Kay Parsons
Off # 972-729-5005
Email: kay.parson@verizonbusiness.com
City of Round Rock, Texas:
David Bartels, Transportation Project Manager
212 Commerce Cove, Round Rock, TX 78664
ph # 512-218-6617
Regional Manager: Steve Purcell
Off # 972-729-7091
1)
rnsmission Systems Const
MU Project Budget
3/14/2006
)t1O° EXHIBITB
Page 1nf2 2
Project #: 90485K Revision: 1 Date
Title: ROUND ROCK. TX CR 122/123 LD CABLE PROTEC.weer:
Engi Prepared:
Site Code: ATINTX
Lead Engineer:
Capital Project
Capital Prj. Tide:
Regen/R gen Spans:
ESTIMATED ENGINEERING TIME: (DAYS)
Engineering: 4
Drafting:
As Bath Doc.
TJME FRAME TOTAL
3/14/2006
REEVES. JORDY
City: ROUND ROCK
State: Texas
Footage: 250
ESTIMATED CONST, TIME; (DAYS)
Construction: 6
TIME FRAME TOTAL: 6
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Investgation#: 9573— 20Q5
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Eng. Start:
Eno, Complete:
Diadosition: Refund
A)
B)
C)
D)
E)
F)
G)
H)
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
,f /y:<.r,rs ft 5•yr:•.�;,,• : }:... OT�.{L—{L��.O/, A✓D,JE;�•D}yPROJECT COST
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REF DESCRIPTION <.<..
QTY UNIT $ EXT. $
RnoinPPr Dave anternnll
4 $520.00 $2,080.00
Construction. Start: 5/15/2006
Construction Complete: 5/30/2006
$2,080.00
$4,220.00
$0.00
$6,150.00
$0.00
$12,450.00
$0.00
$0.00
•.r... 4A:f7': f•:•}:•. $12,450.00
/% s 2't, a.f ri;'' 3� '' i. r r' o t %,•<a::.:�,',ri,:
Lead Engineer:
ENGINEERING Sub TOTAL
$2,080.00
Date:
nsmission Systems Const tion
R&U Project Budget
3/14l200b
EXHIBIT B
Page 2nf2
2
1)
5)
REF DESCRIPTION
MC"T TncnArtnr ant. mnh 1(Internml)
Railroad Plaaman
DAYS QTY UNIT $
6 1 $520.00
1 $1,100.00
1
INSPECTION SERVICES Sub TOTAL
EXT. $
$3,120.00
$1,100.00
$4,220.00
REF DESCRIPTION
2.2) 210R Plan C:nnd (Smit GSP/RSPl
UNITS QTY UNIT $
FT
CONTRACTOR UNIT PRICE Sub TOTAL
150
$41.00
EXT. $
$6,150.00
$6,150,00
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CR 123
eRed Bud Lane(CR 122) Phase 3IMNM�oV,�,�
DATE:
SUBJECT:
ITEM:
April 7, 2006
City Manager Action — April 14, 2006
Action authorizing the City Manager to execute a
reimbursement agreement with MCI Communications
Services, Inc., for the for the Red Bud Lane, Phase III
project.
Department: Transportation Services
Staff Person:
Justification:
Thomas G. Martin, P. E., Director of Transportation Services
This agreement will provide reimbursement to MCI Communications Services for
encasing their fiber optic cable. The MCI fiber optic cable crosses Red Bud Lane
(CR 122) within an easement in the Union Pacific Railroad right-of-way. The
casing will protect both the widened roadway and the fiber optic cable.
Funding:
Cost: $12,450.00
Source of Funds: 4 B -RR Transportation Development Corporation
Outside Resources: MCI Communications Services, Inc.
Background Information:
The limits of the Red Bud Lane (CR 122) Phase III improvements are from US 79
to CR 123. The improvements include widening the roadway and railroad crossing
and replacing and widening the existing bridge.
Public Comment: N/A
Request for City Council/City Manager Action
ID 1
City Council o City Manager
Submit completed form for all City Manager and City Council approvals.
EC D APR t, 6
For Administration Use ONLY
Receiv d:
Tag *CM •) f p
iginal Documents Received:
Department Name:
Transportation Services
Contact Person: Latha Kumar/Tiffany Calley
Project
Manager/Resource: David Bartels
Project Coordinator: Thomas G. Martin, P.E., Director of TS
Blue Sheet Wording
Council or City Manager Approval Date:
Project Name: Red Bud Lane Phase 11 (US 79 to CR 123)
ContractorNendor:
Funding Source:
Amount:
Account Number:
04/14/06
N/A
4B -RR Transportation Development Corp
$12,450.00
authorizing the -Mayer to execute a reimbursement agreement with MCI Communications Services, Inc., for the for the Red
Bud Lane Project, Phase III. r". ( t 3 Maht
Finance Information
Is Funding Required? n Yes No
0
0
0
CI
QPurchasing/Service Agreement
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
QPurchase Order
Item(s) to be purchased:
Finance Approval
EJFinance
EJFinance
JPurchasing
Budget
Other (Please clearly identify action on lines below)
Agreement to Reimburse MCI for fiber optic cable adjustment
Date
Date
Date
Date
Amount
$12,450.00
Required for Submission of ALL City Council and Citv Manager Items
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature*:
City Manager Signature:
Date: 4/7/2006
mas G. Ma in, P.E., Director
Leg
royal is required for all items.
Date: 4/7/2006
Date: cl(qb
Date: q -ii -i -oto
Updated 2/16/06
Request for City Council/City Manager Action
City Council City Manager
For Administration Use ONLY
Received:
Tag #
Submit completed form for all City Manager and City Council approvals.
Original Documents Received:
Department Name: Transportation Services
Contact Person: Latha Kumar/Tiffany Calley
Project
Manager/Resource: David Bartels
Project Coordinator: Thomas G. Martin, P.E., Director of TS
Assigned Attorney:
Council or City Manager Approval Date:
Blue Sheet Wording
Project Name: Red Bud Lane Phase III (US 79 to CR 123)
ContractorNendor:
Funding Source:
Amount:
Account Number:
04/14/06
N/A
4B -RR Transportation Development Corp
$12,450.00
Action authorizing the City Manager to execute a reimbursement agreement with MCI Communications Services, Inc., for the for the Red Bud
Lane, Phase III project.
Finance Information
Is Funding Required? o Yes 0 No
0
CI
Finance Approval
Finance
EJFinance
EJPurchasing
EJBudget
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
Other (Please clearly identify action on lines below) $12,450.00
Agreement to Reimburse MCI for fiber optic cable adjustment
L. Olsen
N/A E. Wilson
N/A CYD
Date 4/12/2006
Date 4/11/2006
Date
Date 4/11/2006
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: David Bartels Date: 4/7/2006
Dept. Director Signature: Thomas G. Martin, P.E., Director Date: 4/7/2006
City Attorney Signature*: Date:
City Manager Signature: Date:
Legal Approval Is required for all Items.
Updated 2/16/06