CM-08-10-244REIMBURSEMENT AGREEMENT
TIIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into and effective
this day of a...47 , 2008, by and between Sprint Communications Company L.P.
(hereinafter referred to as "Sprint"), whose mailing address is 6391 Sprint Parkway, Overland Park, Kansas
66251, Mail Stop: KSOPHT0101-Z2040 and The City of Round Rock, Texas (hereinafter referred to as
"City") whose mailing address is 212 Commerce Drive, Round Rock, TX 78664.
BACKGROUND:
A. City desires to build/construct a new highway which will cross through the route of the
Union Pacific Railroad Company right of way, ("Project"). Sprint owns fiber optic cable within the
aforementioned right of way as a result of a fiber optic agreement between US Telecom, Inc. and Missouri
Pacific Railroad Company dated February 13, 1985 and a Perpetual Easement Deed dated September 13,
2001 and recorded on September 28, 2001 in the official public records of Williamson County, Texas; and,
B. As a result of the construction for the Project, it is necessary for Sprint to relocate a
portion of its fiber optic cable, in accordance with, and as more particularly described, in the attached
Exhibit A (the " Work"), and incorporated herein; and,
C. Sprint, under the terms hereinafter stated, is willing to relocate its fiber optic cable within
the Union Pacific Railroad Company right of way, and to accommodate City's work if City reimburses
Sprint for all of its actual costs, both direct and indirect, in making such modifications.
AGREEMENT
In consideration of the promises and mutual covenants herein contained, Sprint and City hereby
agree as follows:
1. Sprint will perform the necessary relocation work in accordance with the attached Exhibit A subject to
the terms and provisions of this Agreement.
2. City represents and warrants that Exhibit A accurately represents the Scope of Work requested of Sprint.
3. City may, at its own expense, inspect any construction by Sprint hereunder, to assure itself that Sprint's
work is being performed in accordance with the Scope of Work.
4. City will bear and be responsible for and pay in accordance herewith all direct and indirect costs
incurred by Sprint and relating to the above referenced relocation Work, including, but not limited to, labor,
materials, construction, damages, administrative overhead, engineering review work, taxes and legal fees.
5. The total cost of the Work is estimated to be Thirteen Thousand
Cents ($13,804.40) (Exhibit B). Final actual costs may be more or
be construed as a limitation of costs for the project. Sprint will
becomes obvious to Sprint that the final actual costs will exceed the
(15%).
Eight Hundred -Four Dollars and Forty
less than such estimate, which will not
promptly provide notice to City if it
foregoing by more than fifteen percent
7. Within a reasonable period of time after Sprint pays all of the invoices associated with the Project and
the as -built drawings are complete, Sprint will furnish an accounting of final actual costs and provide City
an invoice of the same. City must pay the full amount of such invoice within thirty (30) days after receipt.
8. All operations and work performed by City above or adjacent to the fiber optic cable location must be
performed in a workmanlike and safe manner and in conformance with all applicable industry standards
and government regulations, and in accordance with any restrictions and conditions that may be imposed
by Sprint from time to time. No work may be performed within the existing right of way by City until the
fiber optic cable modification has been completed.
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DM #214706
9. Exclusive of Saturday, Sunday and legal holidays, notice must be given to Sprint by City, at least 48
hours in advance of commencement of any work on or adjacent to the fiber optic cable. The notice shall be
given to Sprint at telephone number 1-800-521-0579.
10. If City breaches any of the terms, covenants or provisions of this Agreement, and Sprint commences
litigation to enforce any provisions of this Agreement, the cost of attorney's fees and the attendant expenses
will be payable to Sprint by City upon demand.
11. Insofar as it legally may, City will indemnify and hold harmless Sprint, its officers directors, agents
and employees from all loss, claims, liability and costs incurred by Sprint, including, without limitation,
losses resulting from claims for damages to property or injuries to or death of persons, judgments, court
costs and attorney's fees, which arise out of or are claimed to have arisen out of the acts or omissions of
City, its contractors, agents, or employees with respect to the Project, including the construction,
maintenance, presence on the right of way, or other operations or activities of City.
12. It is expressly understood by the parties that Sprint is not abandoning any right, title or interest it may
have in the above described land; all such rights, title and interest belong expressly reserved.
13. This Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or
understanding pertaining to the fiber optic cable modification Work by and between Sprint and City.
14. The terms of this Agreement shall be binding and inure to the benefits of the parties hereto and their
successors and assigns.
15. All costs for flagging, if necessary, by Union Pacific Railroad Company will be at City's expense.
16. Notwithstanding anything to the contrary contained herein, Sprint will not be required to perform any
cable modification work contemplated by this Agreement during the period of November 15th of any year
through January 2nd of the following year.
The parties have caused this Agreement to be executed by their proper duly authorized officials as
of the dates indicated below.
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SPRINT CO
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MUNICATIONS COMPANY L.P.
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DM #214706
EXHIBIT A
SCOPE OF WORK
Work Order No. 92764920
Project Name: Round Rock, TX Cable Relocation
NTWK 207-880-181
The City of Round Rock, Texas is constructing a highway that will pass through the
Union Pacific Railroad Right of Way and there will be a grade separation. Sprint will
need to relocate a portion of its fiber optic cable in order to protect it from damage during
this construction. The fiber relocation work will be done between Union Pacific MP
158.85 and 159.15. Verizon Business will be the Lead Carrier in the construction of
placing a directional bore, installing conduit, placing hand holes and installing the cable.
Sprint's additional costs will include the cost of the cable, cable splicing and testing on
hot cut. This work is completely reimbursable by the City of Round Rock.
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DM #214706
EXHIBIT B
COST ESTIMATE
Contractors: $ 4,500.00
Sprint Material: $ 1,278.32
Sprint Labor: $ 8,026.08
Total Estimated Cost: $13,804.40
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DM #214706
DATE: September 29, 2008
SUBJECT: City Manager Meeting - October 3, 2008
ITEM: Consider executing a Reimbursement Agreement with Sprint Communication
Company, L.P. for the relocation of a fiber optic line required by the Arterial A
Project.
Department: Transportation Services
Staff Person: Thomas G. Martin, Director
Justification:
As a result of the construction for the Arterial A Project, it is necessary for Sprint to relocate
a portion of its fiber optic cable within the Union Pacific Railroad Company right of way.
Funding:
Cost: $ 13,804.40
Source of funds: 4B
Outside Resources: Sprint Communication Company, L.P.
Background Information•
Currently, the City and Williamson County have engineers developing P.S.&E. Plans for the
Arterial A Project. The City's portion is from Joe DiMaggio Blvd. to aoint a
1500 feet south of the UPRR right of way. The County's P PProximately
approximately 1500 feet south of the UPRR right of way to Forest Creek Drive.n is from a point
Public Comment: N/A