CM-2016-1044 - 2/26/2016CITY OF ROUND ROCK
REIMBURSEMENT AGREEMENT FOR
UTILITY RELOCATION WITH
GRANDE COMMUNICATIONS
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS § OP
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THAT THIS REIMBURSEMENT AGREEMENT for utility relocation (referred to
herein as the "Agreement"), is made and entered into on this the day of the month of
February, 2016 by and between the CITY OF ROUND ROCK ("City"), a Texas home -rule
municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(referred to herein as "City"), and GRANDE COMMUNICATIONS (referred to herein as
"Grande Communications").
RECITALS:
WHEREAS, City is completing a Southwest Downtown Infrastructure Improvement
Project; and
WHEREAS, City is requesting Grande Communications relocate utilities at West Liberty
Avenue and North San Saba Street as described herein and in the attached Exhibit "A" and made
a part hereof ("Relocation Services"); and
WHEREAS, Grande has prepared a good faith cost estimate set forth in Exhibit "A" (the
"Estimate") for the Relocation Services; and
WHEREAS, City agrees to reimburse Grande for the actual expenses occurred by Grande
Communications related to the Relocation Services as described herein.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect until the Relocation Services are
successfully completed.
00327148/ss2
2. The parties agree that the Relocation Services shall consist of:
Relocate and Wreckout 2,577' of 2-24ct fibers and 1-12ct from Aerial to
Underground. This work shall consist of pulling new cables and attaching and
detaching new and old cables and splicing back in.
3. Grande Communications shall complete the Relocation Services no later than
ninety (90) days from the effective date of this Reimbursement Agreement.
4. The actual cost of the Relocation Services is estimated to be $18,516.09. City
agrees to reimburse Grande Communications the actual costs of the Relocation Services. Grande
Communications shall submit to City a detailed written report itemizing the total costs incurred,
including all supporting information documenting all amounts incurred for which reimbursement
is claimed and verifying that the Relocation Services are in accordance with the requirements of
this Agreement and that any change orders increasing the cost for the Relocation Services above
the threshold described below were submitted and approved by City prior to incurring such
additional costs. Upon completion of the Relocation Services, Grande Communications shall
present City with a detailed invoice of the actual Relocation Services performed and City agrees
to make, within thirty (30) days from the date of the properly detailed invoice, a one-time
reimbursement payment of the actual costs. In the event, the Estimate exceeds the actual costs by
ten percent (10%) or more, then, prior to incurring such additional expense, Grande
Communications shall submit additional costs to City for approval, which approval shall not be
unreasonably withheld, delayed or conditioned. Any request for approval made by Grande
Communications in writing and not specifically approved or disapproved within five (5) business
days shall be automatically deemed approved by City. Neither enhancement nor betterment costs
shall be reimbursed by City.
5. The obligation of City to make a cost reimbursement payment under this
Agreement does not constitute a general obligation or indebtedness of City for which City is
obligated to levy, pledge or collect any form of taxation.
6. Notwithstanding any other provisions of this Agreement, in no event shall either
party be liable to the other for any indirect, inconsequential or incidental damages, including but
not without limitation, loss of revenue, loss of customers or loss of profits arising from the
Agreement and the performance or non-performance of obligations hereunder.
7. Grande Communications agrees to indemnify and hold harmless City, its agents
and employees, against and from any and all liability, loss and expense and shall defend all
claims, resulting from the loss of life or damage or injury to persons or property directly or
indirectly resulting from the work performed by Grande Communications to the extent such loss,
damage or injury, is caused by the negligence or willful misconduct of Grande Communications
its agents or arises out of or in connection with the Relocation Services.
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8. This Agreement shall be enforceable in Round Rock, Williamson County, Texas,
and if legal action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the same shall lie in Williamson County, Texas.
This Agreement shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
9. No party may assign its rights and obligations under this Agreement without the
prior written consent of the other party, which consent shall not be unreasonably withheld,
conditioned, or delayed.
10. This Agreement shall be binding upon and inure to the benefit of the parties to
this Agreement and their respective heirs, executors, administrators, personal representatives,
legal representatives, successors and assigns.
11. In case any one or more of the provisions contained in this Agreement shall be
held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or
unenforceability shall not affect any other provisions of the Agreement, and this Agreement shall
be constructed as if such invalid, illegal, or unenforceable provision had never been contained in
the Agreement.
[Signatures on the following page.]
3
IN WITNESS WHEREOF, City and Grande Communications have executed this
Agreement on the dates indicated.
City of Round Rock, Texas
By:
Printed Name: : ✓ ' " L
Title: j'YIG�nGL�
Date Signed: /zC /
Attest:
By.-AaX" "
i�Gf�l SPl�JKS, DEI' al. (CLep.K
For City, p rowed as t Form:
Step an . Sheets, City Attorney
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Grande Communications
By:�
Printed Name. e�
Title: D t'; �', ' ,1<,�S
Date Signed: 2_ 1 (_
For Env. Use only
Contractor.
COMMUNICATIONS`
Grande's Austin Market
DRQ/ECT OVERVIEW CHECKLIVF
Property Name: W UbertyAre. a N Sen Sabo Relocation
Property Location: Round Rock Toms
CAPEX # :
JCE Labor Cost
$10,240.11
Const. Materials:
56,858.98
Make Ready:
$1,417.00
Total Const. and Materials:
518,516.09
V/P of Construction:
Date:
Permits Needed vrnnrt 1 a rano, PE on oa I sm u
Design Needs
(Relocate and Wreckout 2,577' of 2-24ct fibers and 1-12ct from Aerial to Underground. This work will consist of pulling new cables.
Construction Notes: Attachina and detaching new and old cables and solicina back in.
The relocation is required for Southwest Downtown Infrastructure Improvement project which relocate all overhead utilities underground.
Todd Keltgen
Transportation Operations Manager
2008 Enterprise Dr
Round Rock, Texas 78664
512-218-5583
Construction Coordinator:
Luis Mata Date: 12/11/2014
Project Manager:
Charles Ross Date:
Accounting:
Date:
Director of Construction:
Date:
V/P of Construction:
Date:
EXHIBIT "A"
City of Round Rock
J
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Relocation Reimbursement Agreement with Grande
Communications for relocation of utilities at West Liberty Avenue and
North San Saba Street.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/26/2016
Dept Director: Gary D. Hudder, Transportation Director
Cost:
Indexes:
Attachments: Grande Communication
Department: Transportation Department
Text of Legislative File CM -2016-1044
Consider executing a Relocation Reimbursement Agreement with Grande
Communications for relocation of utilities at West Liberty Avenue and North San Saba
Street.
This Reimbursement Agreement is for Southwest Downtown Infrastructure
Improvement project San Saba -Liberty, the relocation and removal of 2,577 If of 2-24ct
fibers and 1-12ct fiber optic cable from Aerial to Underground. This work will consist of
pulling new cables, attaching and detaching new and old cables and splicing back in.
This work is required to complete the SWDT San Saba Liberty dry utility work. The total
cost for this reimbursement is $18,516.09.
Staff recommends approval.
City of Round Rock Page 1 Printed on 2/25/2016