CM-11-01-027ROUND ROCK, TEXAS
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Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing an Utility Relocation Agreement with Time Warner Communications
for the West Main Street Duct Bank Project.
January 7, 2011
Department:
Project Manager:
Infrastructure Development and Construction Management
Todd Keltgen
Item Summary:
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.
Strategic Plan Relevance:
26.0 Construct major elements of the transportation and mobility systems as approved by council in the master
transportation plan.
Cost: $12,027.00
Source of Funds: TX02AREA
REV. 6/10/10
Time Warner Communications
Utility Relocation Agreement
This Discretionary Service Agreement ("Agreement") is made and entered into this 10`h day of Feb, 2011 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 covenants 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.
drawings
City of Round Rock agrees to pay TWC for relocation of facilities in the southwest round rock area as indicated on attached
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 P'irties 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
City of Round Rock
2008 Enterprise Dr.
Round Rock, TX 78664
Payments
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: Joel Godsc — `'�
��-��SCiG \ B
TITLE: Director of Construction
TITLE:_�,_�
DATE: //0 /// DATE: 124
I& TIME WARNER CABLE
TEXAS REGION
Central Texas Division
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2010 Project Authorization Form
Plant Construction (AN Types)
Location Name: Central Texas
Protect 9 ame Southwest roundrock project reroute sec.2
Activity Name: Forced Relocation
line of Business: Residential - Cable
Project Type: Forced Relocation
PA Type: 1Vew
CITY OF ROUNDROCK RELOCATION PROJECT DOWNTOWN TWC PROJECT N0.10775
Origination Date: 12/7/2010
Start Date: 4/1/2010
Completion Date: 5/20/2010
Miles Cost Per
Aerial 0.20
523,928
Underground 0.30 524,138
Total 0.50
524,054
Passings Cost Per
Aerial 250.00 519
Underground 0.00
Total 250.00 $48
FRELO
Design - Aerial
Make Ready - Aerial
Strand & Hardware - Aerial
Splicing & Electronics -Aerial
Fiber Construction - Aerial
Coaxial Construction - Aerial
Capitalized Interest - Aerial
Contract 1n -House
Labor Labor
A00 354
A01
A02
A03 1,416
A04 1,464
A05 930
A06
472
Materials
Freight
15 0
Reimbursement
Total
354
472
16
1,416
1,464
131 3
1,064
Design - UG U00
Make Ready - UG U01
472
Hardware - UG UO2 74 472
Spiking & Electronics - UG 358
8 440
UO3
Fiber Construction - UG 1,261 29
1104 820 1,290
Coaxial Construction - UG U05 2,052 689 12 1,524
Capitalized Interest - UG472 969 22
U06 3,515
INSTL
Drops - New Connects
Make Ready - Replacements
101
102
Total
5,340 3,186 3,422
79
12,027