CM-07-05-091Time Warner Communications
Utility Relocation Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 13th day of April, 2007, by Time Warner
Entertainment-Advance/Newhouse dba Time Warner Cable ("TWC" or "Company"), a Texas corporation and distribution utility,
and City of Round Rock ("Customer"), a Municipality, each hereinafter sometimes referred to individually as "Party" or both referred to
collectively as the' Parties". In consideration of the mutual cov lents set forth herein, the Parties agree as follows:
1. Discretionary Services to be Provided – Company agrees to provide, and Customer agrees to pay for, the following
services in accordance with this Agreement.
City of Round Rock agrees to pay TWC for relocation of facilities along west service road of 135 from Hesters Crossing South
to Sundance Parkway as indicated on attached drawings
2. Discretionary Service Charges – Charges for any discretionary services covered by this Agreement are determined by actual costs
accumulated in accordance with an established accounting procedure developed by the Company and which the
Company uses in its regular operations. Company and Customer agree to comply with PUCT or court orders
concerning discretionary service charges.
3. Term and Termination – This Agreement becomes effective the date it is signed by the City of Round Rock and
continues in effect until the utility relocation is complete. Termination of this Agreement does not relieve Company or Customer of any
obligation accrued or accruing prior to termination.
4. No Other Obligations – This Agreement does not obligate Company to provide, or entitle Customer to receive, any service
not expressly provided for herein. Customer is responsible for making the arrangements necessary for it to receive any further services
that it may desire from Company or any third party.
5. Governing Law and Regulatory Authority – This Agreement was executed in the State of Texas and must in all respects
be governed by, interpreted, construed, and enforced in accordance with the laws thereof. This Agreement is subject to all valid,
applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having
jurisdiction.
6. Amendment –This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be
effective until reduced to writing and executed by the Parties. But changes to applicable Rules are applicable to this Agreement upon
their effective date and do not require an amendment of this Agreement.
7. Entirety of Agreement and Prior Agreements Superseded – This Agreement, including all attached Exhibits, which are
expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the
service(s) expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise,
inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set
forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with
regard to the subject matter hereof, including without limitation , and all such agreements and undertakings are agreed by the Parties to
no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not
expressly provided for herein, which agreements are unaffected by this Agreement.
8. Notices – Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United
States certified mail, return receipt requested, postage prepaid, to:
(a) If to Company:
Time Warner Cable
Attn: Mark Schumacher
12012 N. MOPAC Expressway
Austin, TX 78758
(b) If to Customer:
City of Round Rock
2008 Enterprise Dr.
Round Rock, TX 78664
The above -listed names, titles, and addresses of either Party may be changed by written notification to the other.
9. Invoicing and Payment — Invoices or payments for any discretionary services covered by this Agreement will be mailed
to the following address (or such other address directed in writing by Customer or Company).
City of Round Rock
2008 Enterprise Dr.
Round Rock, TX 78664
Payments
Time Warner Cable
Attn: Mark Schumacher
12012 N. MOPAC Expressway
Austin, TX 78758
10. No Waiver — The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision
of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties.
11. Taxes — All present or future federal, state, municipal, or other lawful taxes (other than federal income taxes) applicable
by reason of any service performed by Company, or any compensation paid to Company, hereunder must be paid by Customer.
12. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for
convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement.
13. Multiple Counterparts — This Agreement may be executed in two or more counterparts, each of which is deemed an
original but all constitute one and the same instrument.
14. Other Terms and Conditions - City of Round Rock agrees that payment shall be made within 60 days of the date the
project is completed or the date the invoice is received, whichever is later. TWC shall provide notice to Reimbursor when TWC becomes
aware that actual costs will exceed the estimate by more than ten (10%) percent.
Time Warner Cable
BY: Dave Maholick
11TLE: Director of Construction
DATE: (,f..» -07
City of Round Rock
DATE: .5 "25-07
Time Warner Cable
A. CONSTRUCTION COST: Labor
Hesters Crossing reroute
Place strand
1,749
ft.
AMOUNT
PER lifgr
$0.65
4/10/2007
Place anchors
2
ea
$115.00
$1,136.85
$230.00
Lash fiber cable 12ct
1,749
ft.
$0.75
Lash fiber cable 36ct
1,749
ft.
$0.75
Lash coax cable
1,749
ft.
$0.60
Wreck -out fiber and coax
1,749
ft.
$0.50
$1,311.75
$1,311.75
$1,049.40
$874.50
Splice coax cable
1,749
ea.
$0.50
$874.50
TOTAL Fiber Splicing
96
ea.
518.00
$1,728.00
Labor Total:
B. MATERIALS:
Estimated Adjustment Cost Without Betterment ("in -Kind")
$8,516.75
TOTAL, Strand w/ hardware,anchors ( Attachment A)
1
ea.
$585.44
5585.44
Fiber Optic Cable 12 fibers (includes 15% slack)
2,011
ft.
$0.31
$623.41
Fiber Optic Cable 36 fibers (includes 15% slack)
2,011
ft.
$0.45
$904.95
Fiber Construction materials ( Attachment B )
1
ea.
$849.00
$849.00
TOTAL, Fiber Optic Cable w/ hardware
$2,377.36
Coax Cable .500" (5% waste)
1,836
ft.
$0.31
$569.16
Coax Construction materials ( Attachment C )
1
ea.
$172.63
$172.63
Coax Electronics and splicing materials ( Attachment D )
1
ea.
$1,280.07
$1,280.07
TOTAL, Coax Cable w/ hardware
$2,021.86
Tax,Freight and Handling ( 16.25%)
$810.01
Materials Total:
C. TWC LABOR:
s+c ; :
E
Engineering and design Labor
6
hrs.
$85.00
$510.00
Labor Total:
MISCELLANEOUS:
Note:
Miscellaneous Total:
TOTAL ESTIMATED COST OF ADJUSTMENT:
(Sections A, B, C & D)
Overhead (20%)
1
ea.
$2,964.28
$2,964.28
Note:
Miscellaneous Total:
TOTAL ESTIMATED COST OF ADJUSTMENT:
(Sections A, B, C & D)
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DATE: May 21, 2007
SUBJECT: City Manager - May 25, 2007
ITEM: Action authorizing the City Manger to execute a Utility Relocation
Agreement with Time Warner Cable for the relocation of cable
facilities along IH 35 Hester's Crossing to Sundance Parkway.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director of Transportation
Justification:
Relocation of cable facilities is required to proceed with the IH 35 Frontage Road
Collector/Distributor and Hester's Crossing Bridge Replacement project.
Funding:
Cost: $ 17,785.70
Source of funds: 4B -Round Rock Transportation System Development Corporation
Outside Resources: Time Warner Entertainment-Advance/Newhouse dba Time
Warner Cable
Background Information:
The IH 35 Frontage Road Collector/Distributor and Hester's Crossing Bridge Replacement
project will improve access to businesses, reduce the congestion created by the closure of
two IH 35 exit ramps and two IH 35 entrance ramps, which was required by the
construction of SH 45, and improve traffic flow through the Hester's Crossing intersections
with the frontage roads and BI 35/S. Mays Street. Funding for these improvements is
included in the Transportation Capital Improvement Program, which is funded by the 1/2 cent
sales tax established for the purpose of transportation system improvements that support
economic development.
Public Comment: not applicable