CM-09-04-059telecom
FIBER OPTIC CABLE RELOCATION AGREEMENT
The Fiber Optic Cable Relocation Agreement ("Agreement") is made, entered into, and effective
this 16th day of March, 200_, by and between Round Rock, Texas ("DEVELOPER"), a Municipality,
having a mailing address of 221 E. Main, Round Rock, TX. 78664, and tw telecom of texas, llc
("tw telecom"), a Delaware limited liability company, having a mailing address of, 10475 Park Meadows
Drive, Littleton, CO 80124.
Recitals
A. "DEVELOPER" is in the process of (Relocate and widening street in the City of Round Rock),
which will include changing portions of the public rights-of-way and/or private easement, and locations of
tw telecom's facilities. This relocation project shall be referred to as the "Relocation Project".
B. The Fiber Optic Cables of tw telecom ("Fiber Optic Cables") currently located in the area of the
Relocation Project need to be relocated to a new location, as reflected on Exhibit A attached hereto and
incorporated herein.
C. In order to perform the Relocation Project in a timely manner, DEVELOPER has agreed to pay all
the costs and expenses for the Relocation Project, including the relocation of the Fiber Optic Cables.
Now, therefore, in consideration of the mutual promises and covenants contained herein, the
parties agree as follows:
I. DEVELOPER agrees to bear all direct and indirect costs incurred by tw telecom relating to
the relocation of the Fiber Optic Cables in connection with the Relocation Project, including,
but not limited to, removal of fiber optic cable, replacement of fiber optic cable, underground
conduit, labor, project management, inspection, materials, permit and license fees,
construction, repair of damages, administrative overhead, taxes, travel expense, legal fees and
other out-of-pocket expenses. DEVELOPER waives any and all delay damage claims, except
if caused solely by the gross negligence or willful misconduct of tw telecom (collectively
"Fiber Optic Cable Relocation").
2. The total cost of the Fiber Optic Cable Relocation is estimated to be Thirty Five Thousand
seven hundred fifty four and/ 78 cents. ($35,754.78), as detailed in Exhibit B attached hereto
and incorporated herein. Upon Completion of the Relocation Project DEVELOPER agrees to
pay tw telecom total actual costs incurred, which is estimated in the amount of $35,754.78
("Estimated Project Cost").
tw telecom shall provide written notice to DEVELOPER when tw telecom becomes aware
that actual costs will exceed the estimated total cost by 10% or more. The Invoiced Payment,
upon completion of Relocation Project, shall be made payable to and delivered by overnight
mail to:
tw telecom
ATTN: Diana Hoffman;
10475 Park Meadows Drive, Littleton, CO 80124.
The check shall contain the following reference: Round Rock, Texas Relocation Project.
T
3. Any design changes by DEVELOPER, or other conditions whether or not they could have
been reasonably anticipated by DEVELOPER or tw telecom at the time of this Agreement,
that result in an increase in tw telecom's estimate of cost or time shall be paid for by the
DEVELOPER and carried out under this paragraph 4. tw telecom will request such additional
funding and/or additional time through a request for approval of a written change order. All
change orders will be in writing and must be accepted by both parties and any additional
payments shall be made by DEVELOPER to tw telecom before tw telecom proceeds to
execute the work or, if work has been initiated, to continue executing the work, except in an
emergency situation endangering life or property. Under no circumstances will tw telecom's
request for a change order, or the issuance of a change order, be deemed or used by
DEVELOPER as evidence of tw telecom's delay or alleged delay in the Relocation Project.
4. tw telecom agrees to commence, and thereafter diligently complete, the Fiber Optic Cable
Relocation within 45 days of: (i) fully executed Agreement and (ii) receipt of all permits,
licenses, or other authorizations from applicable governmental agencies or private parties
required in connection with the Fiber Optic Cable Relocation.
5. Written notice shall be given to tw telecom by DEVELOPER at least forty-eight (48) hours,
excluding Saturday, Sunday and legal holidays, in advance of commencement of any work by
DEVELOPER or its contractors in the immediate area of tw telecom's work; provided
however, that DEVELOPER shall not work within ten feet (10') of either side of the tw
telecom facilities until the Fiber Optic Cable Relocation is completed. Said notice shall be
given to those individuals listed on Exhibit C attached hereto and incorporated herein.
6. In the event of an emergency, DEVELOPER shall provide telephonic notice to tw telecom at
800-829-0420 immediately upon DEVELOPER's knowledge of such emergency.
7. The obligations of tw telecom are subject to force majeure and tw telecom shall not be in
default in 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, materials 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 tw telecom.
8. This Agreement supersedes all previous oral and/or written agreements or understandings by
and between tw telecom and DEVELOPER pertaining to the Fiber Optic Cable Relocation
and /or the Relocation Project. Any modification to this Agreement must be made in writing
and signed by both parties.
9. This Agreement may be executed by the parties in separate counterparts, each of which shall
be deemed to be an original copy, by all of which, together, shall constitute only one
agreement.
10. 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 hereto has the express authority to
do so, and in doing so, to bind such a party hereto.
11. Notices given by one Party to the other Party under this Agreement shall be in writing and
shall be (a) delivered personally, (b) delivered by nationally recognized overnight delivery
service, or (c) mailed by, certified US mail postage prepaid, return receipt requested to the
following addresses of the Parties or to such other address as either Party shall designate by
proper notice:
tw telecom:
Tina Davis
Sr. Vice President and Deputy General Counsel
tw telecom inc.
10475 Park Meadows Drive
Littleton, CO 80124
Tel: (303) 566-1279
With a copy to:
tw telecom
2342 Technology Drive,
Summit I
O'Fallon, MO. 63368
DEVELOPER:
City of Round Rock, Texas
221 E. Main
Round Rock, TX. 78664
With a copy to:
Notices will be deemed given as of the date of actual receipt or refusal to accept, as
evidenced by the date set forth on the return receipt, confirmation, or other written
delivery verification.
IN WITNESS HEREOF, the parties have executed this Agreement as of the day and year first written
above. Agreeing to be bound by its terms, tw telecom and DEVELOPER have caused this Agreement to be
executed by their respective duly authorized representatives in the dates written below.
tw telecom of texas Ilc a Delaware limited DEVELOPER:
liability company
By: Time Warner Telecom Holdings Inc.
its sole member
Printed Name: Victor Gonzalez
Title: Director of Operations/Austin
Date: J`3/2-7/01
City of Round Rock, Texas
A Municipality
By: X '% \
Exhibit A
Description of Relocation Work
See Attached
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Exhibit B
Detail of Estimated Cost
See Attached
Construction Estimate
Customer
Address
PSR #
Date
Unit Price
Attachment
OSP Costs
Total
B ��telecom
Unit Price Total
Aerial Plant
Place New Strand
0.95
/ft.
665.00
0.95
/ft.«„ 760.00
Lash or Overlash
1.50
/ft.
+ .; , 1,050.00
1.50
/fts it 1,200.00
Set New Pole
200.00
lea.
0.00
200.00
/ea. „i, 0.00
Aerial Labor Subtotal 1,715.00
Aerial Labor Subtotal 1,960.00
Under. round Plant
Trench - Hard
80.00
/ft.
'.�a?`ik ,, 2,000.00
80.00
/ft.
1 a 2,800.00
Trench - Normal
15.00
/ft.
' 0.00
15.00
/ft.
`1 0.00
Pull (1) FO Cable in Conduit
1.50
/ft.
`'`,, i 3.`# 3,135.00
1.50
/ft.
1,702.50
Bid.. Ent
500.00
/ea.
. ,� 500.00
500.00
/ea.
,,,,, 1,` ;„ 500.00
Attach In Bldg. w/ Material
18.00
/ft.
"; &..' 1,350.00
18.00
/ft.
*'?x.'? 1,440.00
Under. round Labor Subtotal 6,985.00
UnderSround
Labor Subtotal 6,442.50
Misc. Labor
Fiber Splicing
1200.00
/ea
,` 2 400.00
1200.00
/ea.
`� 2,400.00
ContractEngineerin•
150.00
/hr.
a , ; 1,500.00
150.00
/hr.
0.00
Design/Traffic
50.00
/hr."`'
„, �,e ,... 1,000.00
50.00
/hr.
,`�' 0.00
Aerial Permitting
75.00
/pole
4
300.00
75.00
/pole
5
375.00
Aerial Materials
FO Cable
0.55
/ft.
800
440.00
0.55
/ft.
800
440.00
Strand / Hardware
0.50
/ft.
2,090
1,045.00
0.50
/ft.
800
400.00
Poles
600.00
/ea.
0.00
600.00
/ea.
0
0.00
Fiber splicing materials
380.00
/ea.
2
760.00
380.00
/ea.
2
760.00
Aerial Materials Subtotal
2,245.00
Aerial Materials Subtotal
1,600.00
U.G. Materials
FO Cable
0.55
/ft.
2,200
1,210.00
0.55
/ft.
1.200
660.00
3" Conduit
1.65
/ft.
25
41.25
1.65
/ft.
39
63.53
1" Interduct
1.45
/ft.
2,200
3,190.00
1.45
/ft.
1,150
1,667.50
Ped. / Pull Boxes
4200.00
/ea.
0.00
4200.00
/ea.
0.00
4,441.25
U G. Materials Subtotal
2,391.03
Note: This is the and estimate
based
upon the new design drafts and could vary after actual asbuilt information is received.
Permits
$300.00
Permits
$375.00
Design
$2,500.00
Design
$0.00
Materials
$6,686.25
Materials
$3,991.03
Labor
$11,100.00
Labor
$10,802.50
TOTAL
$35,754.78
Exhibit C
tw telecom and Developer Contact Lists and Information
Name
Company Name
Title
Phone Number
David Laney
tw telecom
Outside Plant Manager
(512) 485-1770
Todd Keltgen
City of Round Rock
Public Works
Operations Manager
(512) 218-5562
DATE: April 8, 2009
SUBJECT: City Manager Approval — April 10, 2009
ITEM: Consider executing a Fiber Optic Cable Relocation Agreement with TW Telecom of
Texas, LLC for the Southwest Area Downtown Infrastructure Project.
Department: Transportation Services
Staff Person: Tom Word, P.E., Chief of Public Works Operation
Justification:
This Fiber Optic Cable Relocation Agreement is necessary for the Southwest Area Downtown
Infrastructure Project. As part of the relocation of the dry utility infrastructure, the relocation of TW
Telecom's fiber optic cable will be required. The City of Round Rock will handle all costs associated with
removal of fiber optic cable, replacement of fiber optic cable, underground conduit, labor, project
management, inspection, materials, permit and license fees, construction and other related expenses.
This will replace overhead cable facilities with their equivalent in an underground capacity.
Funding:
Cost: $35,754.78
Source of funds: GO Bonds 2001
Outside Resources:
N/A
Background Information:
At the January 8, 2009 City Council meeting a contract was approved with BRH Garver Construction
Company (R -09-01-08-8B2) for the construction of the Southwest Area Downtown Infrastructure Project.
City Council also approved as Easement Agreement with TW Telecom of Texas, LLC at the March 12,
2009 meeting (R -09-03-12-8D2) for the purpose of the installation of a duct bank facility to house the
underground fiber optic cable that is being relocated as a result of this project.
Public Comment:
N/A
UPDATED APRIL 2008