CM-07-07-175Re: Application and Letter of Agreement for Construction Services between
Pp gym
Southwestern Bell Telephone, L.P. and the City of Round Rock, Texas
This letter will serve to confirm the agreement (the "Agreement") reached between
Southwestern Bell Telephone Company (f/k/a "Southwestern Bell Telephone, LP.")
("SWBr') and the City of Round Rock ("Round Rock") regarding the Application and
Letter of Agreement for Construction Services between SWBT and Round Rock, dated
January 26, 2007("CWOTs Agreement # 405T07").
We hereby agree as follows:
1. This Agreement constitutes a compromise agreement of all disputes and claims by
and between SWBT and Round Rock regarding CWOTs Agement # 405T07. Nothing
contained in this Agreement constitutes, or shall be construed as, an admission on the part
of either party of any liability or wrongdoing whatsoever.
2. The parties agree that CWOTs Agreement # 405T07 is hereby cancelled and of no
further effect. Each party hereby releases the other party, and the other party's
Wives, agents, attorneys, principals, employees, shareholders, members, officers,
directors, partners, parents, subsidiaries, affiliates, sopors, heirs and assigns from all
actions, causes of action, liabilities, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, variances, trespasses, damages, judo, extents, executions, claims, and
demands whatsoever, in law or equity, asserted or unasserted, lmown or unknown,
foreseeable or unforeseeable, which either party ever had, now has or hereafter can, shall
or may have, arising out of or relating to CWOTs Agreement # 405T07.
3. Round Rock hereby agrees to hire third party contractors to design and place fiber
optic cable and related appurtenances connecting Round Rock's facilities at 212
Commerce and 3001 Tellabs (the "Work"). In the event Round Rock is required to pay a
sum in excess of the amount set forth in CWOTs Agr+oement # 405T07 ($37,747.63) for
completion of the Work, SWBT hereby agrees to reimburse Round Rock for the excess,
up to a maximum reimbursement of Fifteen Thousand Dollars ($15,000.00).
ff this letter accurately sets forth the agreement of the parties, please sign below and
return one copy to me via fax. Thank you for your cooperation in resolving this matter.
5/
Ulk- 01 -o -i - (15
AQR ED AND ACC THIS
,ATX
DAY OF �: �I, 2007
CITY O ROUND ROCK, TEXAS
By:
Name: C )Saws
Title:
DATE: July 16, 2007
SUBJECT: City Manager - July 20, 2007
ITEM: Action authorizing City Manager to approve agreement with
Southwestern Bell Telephone to reimburse City of Round Rock for work
to be done by a third party contractor for work originally contracted by
City with Southwestern Bell Telephone.
Deoartmeqt:
Staff E211
Justification:
Engineering and Development Services
Tom Word, Chief pf P.W. Operations
Larry Madsen, Construction Manager
An agreement (CWOTs #405T07) was approved with the City of Round Rock and
Southwestern Bell Telephone in the amount of $37,747.63 to provide fiber optic cabling
from Transportation/Utility Building at 212 Commerce Cove to the Round Rock Police Facility
at 3001 Tellabs Drive. Southwestern Bell has opted not to perform the work and will
reimburse the City of Round Rock up to $15,000 above their original price of $37,747.63.
Fundiing:
Cost:
Source of funds:
N/A
Outside Resources: Southwestern Bell Telephone
Background Information: N/A
Public Comment: N/A