CM-09-06-109Time Warner Communications
Utility Relocation Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 27th day of May, 2009, by Time Warner
Entertainment-Advance/Newhouse dba Time Warner Cable ("TWC" or "Company"),
and City of Round Rock ("Customer"), a Municipalimesty, a Texas corporation and distribution utility,
collectively as the "Parties". In consideration of the mutual covenants set forth the herein, the Parties agreereferred to asollowsarty" or both referred to
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 in the southwest round rock area 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: Joe Canales
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).
Invoices
1 of 2
V 1- DID" lO9
City of Round Rock
2008 Enterprise Dr.
Round Rock, TX 78664
Pay ments
Time Warner Cable
Attn: Joe Canales
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 City of Round Rock
BY: Kevin Bell
TITLE: Director of Construction
DATE: '/ Z /o
BY:
TITLE:
DATE:
Time Warner Cable
CONSTRUCTION COST:
Southwest Round Rock
Pull Fiber Thru Conduit
QTY
3,800
Cost Estimate
UNIT
ft.
AMOUNT
PER UNIT
Pull Coax Thru Conduit
3,200
ea.
Set Pedestals
Coax Splicing
21
ea.
$0.98
$0.98
$57.00
SUBTOTAL
TOTAL, Underground Construction
33
ft.
$30.00
$3,724.00
$3,136.00
$1,197.00
$990.00
5/22/2009
Wreck -out aerial cables
200
ft.
Lash coax Cable& fiber
5,003
ft.
$0.25
$1.07
$9,047.00
MATERIALS:
Estimated Adjustment Cost Without Betterment ("In -Kind")
Aerial Construction Hardware
Electronics and Hardware
UNIT
ea.
Labor Total:
AMOUNT
PER UNIT
$543.20
$50.00
$5,353.21
$14,45(L21,5,
TOTAL'
ea.
Coax Cable
3,600
ft.
$3,085.000
UG Construction Material
ea.
Fiber
8,665
ft.
$0.600
$1,213.000
Fiber Splicing Materials
ea.
TOTAL
$0.86
$1,609.00
$3,085.00
$2,160.00
$1,213.00
$7,451.90
$1,609.00
$543.20
Freight and Handling ( 14.25%)
$13,909.90
TWC LABOR:
Fiber Splicing
Field Engineering (see note below)
16
NIT
hr.
Materials Total:
AMOUNT
PER HOUR"
Computer drafting (see note below)
Computer design (see note below)
80
hr.
$54.00
$54.00
$2,059.57
16,512.67
8
hr.
$54.00
$864.00
$4,320.00
40
hr.
$54.00
MISCELLANEOUS:
ITEM
Overhead , 15% (Management and Supervision)
1
Labor Total:
AMOUNT
ITY UNIT PER UNIT
1 ea. $5,810.83
Miscellaneous Total:
TOTAL ESTIMATED COST OF ADJUSTMENT:
(Sections A, B, C & D)
$432.00
$2,160.00
',776.00
TOTAL
$5,810.83
5,810.83;
$44,549.711 "=
Field engineering - Costs to send a Field Engineer to location to record actual footages between poles or placement of conduit,
stake placement of TWC poles, and completion and submission of any required permits.
Computer Drafting - Costs for employee to draft base information into the CAD system.
Computer Design - Cost for employee to design coax / fiber cable network in design program
DATE: June 10, 2009
SUBJECT: City Manager Approval — June 12, 2009
ITEM: Consider executing a Utility Relocation Agreement with Time Warner
Communications for the Southwest Downtown District Infrastructure
Improvements Phase 1B Project.
Department: Transportation Services
Staff Person: Tom Word, P.E., Chief of Public Works Operations
Justification:
As part of the relocation of the dry utility infrastructure for the Southwest Downtown
Infrastructure Project, the relocation of Time Warner Communication's dry utilities will be
required. This agreement covers costs associated with sending a Time Warner Communication
Field Engineer to record actual footages between poles or placement of conduit, stake
placement of Time Warner Communication poles, and completion and submission of any
required permits. Also included is the cost to draft base information into the CAD system and
design coax/fiber cable network into a design program. Materials, hardware and Time Warner
Communication labor also make up a portion of the total cost.
Funding:
Cost: $44,549.71
Source of funds: 2002 General Obligation Bonds
Outside Resources:
Time Warner Communications
BRH Garver Construction Company
Background Information:
City Council approved a contract with BRH Garver Construction Company at the January 8, 2009
Council meeting for the construction of the Southwest Area Downtown Infrastructure Project.
(R -09-01-08-8D2)
Public Comment:
N/A
UPDATED APRIL 2008