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R-13-02-28-I9 - 2/28/2013RESOLUTION NO. R -13-02-28-I9 WHEREAS, the City of Round Rock wishes to enter into a Utility Relocation Agreement with Time Warner Entertainment-Advance/Newhouse dba Time Warner Cable ("Time Warner Cable") for the relocation of facilities in connection with the Southwest Downtown — San Saba Street and West Liberty Avenue Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Utility Relocation Agreement with Time Warner Entertainment-Advance/Newhouse dba Time Warner Cable, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 28th day of February, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 9wa/L'. ko�t SARA L. WHITE, City Clerk 0:\wdox\SCCIn[s\01 12\ 1304\MUNICIPAL\00268764.DOC/rmc EXHIBIT Time Warner Communications «Au Utility Relocation Agreement This Discretionary Service Agreement ("Agreement") is made and entered inter this 10" day of Feb, 2011 by Time Warner Entertainment-Advance/Newhouse dba Time Warner Cable ("TWC" or "Company"), a Texas corporation and distribution utitiry, and City of Round Rode ("Customer"}, a Municipality, each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Parties". In cartsidetation 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, tic following services in accordance with this Agreement. City of Round Rock arm to pay TWC for relocation of facilities in the --out round rock arm as indicated onaitaclred drawings 2. Discretionary Service Charges -- Charge 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 astomer agree to comply with PUCT or court orders concerning discretionary service charges. 3. Terni and Termination -- This Agreement bcownes effective the date it is signed by the City of Round Rock a -td 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 iurthcr services that it may desire fivm 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 slate and do not require an amendment of this Agreement - 7. Entirety of Agreement and Prior Agreements Superseded -- This AgreLtrient, including all attached Exhibits, which are expressly made a. part hereof for all purposes, constitute$ the entire agreement -and understanding between the Parties with regard to the service(s) expressly provided for in this AgrcemenG The Parties are not bound'by or .liable for any statement, representation, promise, inducement, undemanding, 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 Parries 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 ct%ct. 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 Agre anent 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 WarnerCable Attn: Joe Canales 12012 N. MOPAC Expressway Austin, TX 78758 (h) 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 writtem notification to the other. 9. Invoicing and Payment -- Invoices or payments for any discretionary services covered by this Agrecmcnt will be mailed to the following address (or such other address din%led in writing h) Customer or Company). Invoices I` , ,rte City of Round Rock 2008 EntcTrise Dr. Round Rock, TX 78664 Payments Time Warner Cable Attn: Joe Canales 12412 N. MOPAC Expressway Austin, TX 78758 10. No Waiver -- ne failure of a Party to this Agreement to insist, on any ocxasion, upon strict pedormance 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 omnpensation 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 saute instrument 14. Other Terms and Conditions - City of Round Rock agrees that payment shall be mace within 60 days of the date the project is completed or the date the invoice is received, whichever is later, T%VC shall provide notice to Reimbursor when TWC becomes aware that actual costs will exceed the estimate by more than ten (I Wn) percent Time Witmer Cable BY: Joel TITLE: Director of Construction DATE: City of Round Stock BY: TITLE: DATE: 11"PTime 2Q33 Pro)ed Authorization FOtm Origination Date: 12112/2012 Warner Plant Corntruction JAN Types) start Date: 3/35/2013 Cable- Central Totes Area NODE: Complotbnbato3130/2043 locatioa Name: CTX Austin cataract Muds Cost Per Fr"ht Raimavnernent Project Nam at Forced Relocation FRELO Aerial 010 11148.28 Cabot Activity Nome: ROUNCiBOCK DOWNTOWN RELOCATION SECS lob/ DOCK P. Underground 0.20 46483.94 cal Una of Business, Video -Residential Prnjt"criuer: Repbormont- Iden lined Total 0,70 24165AS bdske Roady- Aerial Project Type: Forced Relocation ew/ribor Activity: 750 Mkt PA, Type: New ExlstingBandwidth: N/A Al2 611 Passings Cog Per 56 Cawo'A Forced NAM Role Aelal 5P MAR 140 wv arare• 19 4Y el2ft L 142W ISMI3a051 1551 31 601 Buso lobbat FULD Multiple Underground Toms 5D loc 185.94 16916 AIA 1101 _ 48 1„177 1,425 Prdlneeluadl�Uen AIS 601 21244 334 OTr OF RCIUNDROCX TO PAY TO RELOCATE ECIUIMENT TO SO UHC£R0ROUND THIS 15 THE 3RO SECTION 3'580 Fiberoverlash-Aerlai A16 601 B36 124 cataract M -Hours MaterWU Fr"ht Raimavnernent Tectal FRELO Cabo. Cabot Design - Aerial A10 cal bdske Roady- Aerial All 631 StrandOHardware -Awial Al2 611 294 43 56 395 SAI nt At Electronic% -Acrel A13 601 140 26 67 233 Fiber New Conrttuttbn - Adrlal AIA 1101 _ 48 1„177 1,425 CoanialhowConstruction- Aerial AIS 601 21244 334 3'580 Fiberoverlash-Aerlai A16 601 B36 124 940 CoublClvotlolh - Renal AIR 603 744 152 '.,14R 2,041 0. Design - UB UID 601 a 0 Make Ready -tic U11 601 Hardward-U6 U32 601 Splicing a.Eloctronics-UG U13 601 7 385 192 Fiber Now Cl mteuttbn - US U14 601 768 2,526 1.377 4,671 CoaslYNowCoMttuction-U6 U15 601 766 11B B&1 Fiber Overtranch - UG U17 601 1,012 153 r 1,185 CoaaialOvertranch - UG U16 601 1,D2C 394 1,148 2.380 EOHOE Flberoptronk:s-Headwd Hal 603 INIM Drops -New Connects 603 Make Ready- R4placamdntt T014 7,826 3,728 51162 16,916 PCelect 4 Budget outlook t1DAuthorized Uncommitted D 15SSC11A*$2 was th4F activity Buddeled7 Select Answer Wr eta! P net iM4rmatten of Bud t It'Roabwtd" +rota anotnet Pre hndlwte Thal Pr ret het ': 6 TotalmaquetteclAutborilatlon S 16,916 Project tD Ac.wty iG DU as FA Amun', Requester tnldrrnatkan Requited Apptovalt Date Name: Pate Nanjal > t7 Title: load tech Phone: S22 -486E771 Date Signature: 12(13/2012 LO C31 i m° 15 NMOI e 01�uj d i F _ fu� R Y $ r � � r f94 _ w. E i Li _ to Nnw, W i ..... gg4 3 vp0 LU . U) z 0 r� V 0 .j _ z 1 W 7 W loo S w W F— 34" BACKM M SiR W Mg FINISHED CDNDtRi'. PROVIDE rwo MQU IN ELWWRT�/IL SUBM"57REET LI[Bifw PIAN. SAND TYMAL GAS FII.l. RA UNES V z TYPitAL GAS IF IO[ATED A"ED TBANK SEE GILT 00MW1NY PLAN FORACI"t ALUX (TION, SM. AND NIO49ISt OF GAS UNES 0 KD 0 4 FLOWABIE FLL. TYPM a V ELMMU C DUCT R SEE TYPICAL aWrRM LAYOUT • TNIS SWET 11 12 DUCT BINK LINE "E2" DETAIL ms -F =PAM BAWIL M HOW GRADE OR WTM of SUBGRADE - sm MSO TYPICAL FSR GAS LAS MD STNEET UGHT CMWT AT LEFT DUCATS smiNFICAL COMMUNuATMNS LAY=- THJS SHEET FLOWABLE FIL TYPICAL SOMME 40 STREET LIGHT CDNDUn PROVIDE NUMBER AND SIZE As REM BY a.EcT1IICAL SIREETLMKMGPAW. :9) �L Dlo TYPICAL GAS IF LWAM ADM DUCT LW Do 5@E M CDMPANY PIAN FOR 0 X UAL IDfAMK SME, AND G) NUMBER OF 60IS UENES :9) Dlo Do 0 0 0 G) M s r AUG DUCT : Std TYPICAL MMIRM c cv tAYCA1T-7m SHEEP tf I2 13 14 C, M 3' B` 3" 6' 3" 6' 3' 6' '30- 390 DUCT BANK LINE "E4WC" DETAIL rcrs 7- COMPACIED EIACJM TO FIML90 QVX OR RO M OF SUBWADE - SEE ALSO TiRMAL FOR GAS LINES AND 51REET UGHT CONOLAT AT LEFT E SWEDULE 40 STREET LIGHT CONDUIT. PiOQMM NUMBER AND SIZE AS RMD. By aaivx& STRU LDDiTINty PINI. 1 rfK AL GAS iFLOCUM ABOVEO=LANK. SEE GAS COMPANY RAN FOR ACnK LOCATION, = AND NUlMER OF GAS LINES f=COMI XIKATII>NSi 110 C 0 GJ OtICTS 7 5 3 1 SLE TYPICAL — COMMUNUCAMM 8 ce 4 2 tAYCUlf - TFIIS SF�i' Z 6• E EC RIC OLICr SEE TYPICAL SICUML LA w-1145sHEET 00 f l 12 13 14 U:) 3« 6" 3" 6« 3' 6- 3' s« 3" DUCT BANK LINE °E4W° DETAIL No DUCT BANK LINE "EG' DECAIL Nn )WACM AM TO I M*B SGitDLA.E 40 STRUT LSHT M COMMMM RADE OR )TTM Of MR4MANDSIIEAS RBQM BY OMMAL BGRADE - EE ALSO SMW LMRnNG PIAN. IICAL IO AS LINES ! 2 • titi ID SWHI uw )NOW AT LER 6y TYPMGAS W LOCA'IM AIMD=DAPAL SEEGASCOMPW PLAN FDRACTW LLId1TMK SMANDMAMOF GASLM 190 Gg L! GJ 2 m B' ElECIRIC DUCT N SIE rfFWAL SAL •- LAYOUT - 7M SHEET ZiiwABL.E L TipICA1. ;n � O. 6. s. DUCT BANK LINE "EG' DECAIL Nn -7 COMPACTED BAMFILL TO FINSHED cm IR BOTTOM OF SIE ALSO TYPICAL FOR an LIDS AND STREET LIGHT CONOWT AT LWT )" CT)MF�lTtl"pCATTTJclS )UCM 5PE TYPLOAL OMIKAOCOMNS AYOUr—THIS SHEET FLOLRABLlE< FILL TYPICAL. N " i tcG GAS IF LMT® AMM Wa WK SET: GAS CWPAMY PLAN faOR ACTUAL LOCATION, SM ANO MMER OF GAS LINES 2 cv .J (D @ 9 ti..:.l D(D @ `. `..:J „ 6• ELECTRIC DUCT c.i SEE T1EPICAL. E,ECTTLEAL LAYOifr-THIS SHEET s Y. 6. ,3., 6. 13.. 6• 13. 57" DUCT BANK LINE "EbW' DETAIL WS L A S ODMMTI LAYOUT -7 I DUCT BANK LINE "Ei0" DETAIL ME 30" OItPACiEO Ml TO SCHEDULE 0 STREET LIGHT FVdM MADE OR OTTOY OF COKW. FAMDE NUMOM MID SIZE AS PBQU BY Ei l CMCAL OWADE WE ALSO STREET tlf#iTiUG PIAN j FCAL FOR M STREET LIGHT LIGHT 'MIT AT LEFT Hr GAS IF LOCATED ABOVE DUCT BANK. SM W CO~KAN FOR XTL AL LOC/1TJaGN, SIZE, AND NUMBER OF GAS LINES N IWAIM DUGS WCATM m SWEET V ELECTRIC DUCT SEE r(PM B wrmmaL ^� LAYM -1HLS SHEET IWABLE 1 L. TYPICAL a .n I Br 6r DUCT BANK LINE "Ei0" DETAIL ME San Saba Liberty Easement Cond Segments Type 1 E2 5 2 E6 5 3 E4 5 4 E10 5 5 E4WC 5 6 E4WC 5 7 E2 5 8 E2 5 9 E2 5 10 E4WC 5 11 E4 5 12 6-3" 5 13 3-3" 5 14 E4WC 5 15 E4WC 5 16 E4WC 5 17 E4WC 5 1$ 3-4" 5 19 3-4" 5 20 E4WC 5 21 E4WC 5 22 E2 5 23 E2 5 24 1-3" 5 25 1-3" 5 26 E4WC 5 27 E2 5 28 E6 5 29 E6 5 30 E6 5 31 E2 5 32 E2 5 City of Round Rock rUERM-�M Agenda Item Summary Agenda Number: 19. Title: Consider a resolution authorizing the Mayor to execute a Utility Relocation Agreement with Time Warner Cable for the Southwest Downtown - San Saba Street and West Liberty Avenue Project. Type: Resolution Governing Body: City Council Agenda Date: 2/28/2013 Dept Director: Gary Hudder, Transportation Director Cost: $16,916.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Resolution, Exhibit "A" Text of Legislative File 13-016 The Southwest Downtown - San Saba Street and West Liberty Avenue requires the relocation of dry utility infrastructure. This Utility Relocation Agreement is for Time Warner Cable to replace the existing overhead comunication facilities with equivalent communication facilities utilizing manholes, duct banks, and installation of pedestals by the City of Round Rock in accordance with Time Warner Cable specifications for the Southwest Downtown - San Saba Street and West Liberty Avenue Project. Staff recommends approval. City of Round Rock Page 1 Printed on 212212013 EXECUTED ORIGINAL DOCUMENT FO LLOW 4 Time Warner Communications Utility Relocation Agreement This Discretionary Service Agreement ("Agreement") is made and entered into this 10th 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. City of Round Rock agrees to pay TWC for relocation of facilities in the southwest round rock area as indicated on attached drawines 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 - 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 BY: Joel Gods TITLE: Director of Construction DATE: Z1 ZO1 Z City of Round Rock BY: �� nn akhlLl�� TITLE: Na1A LA*1 i'VV - 1 V lyou DATE: 2 Z.01 7/ . I3 2of2 _ �. Time Warner Cable" Central Texas Area 2013 Project Authorization Form Origination Date: 12/13/2012 Plant Construction (All Types) Stan Date: 1/15/2013 NODE: Completion Date: 3/30/2013 Y Z Location Name: CTX Austin Mlles Cost Per 5 Project Name: Forced Relocation Aerial 0.50 11148.28 Activity Name: ROUNDROCK DOWNTOWN RELOCATION SEC.- job/ DOCK N: Underground 0.20 46483.94 tine of Business: Video - Residential Project Driver: Replacement - Identified Total 0.70 24165.48 Z O Project Type: Forced Relocation BW/Flber Activity: 750 MHz aPA Type: New Existing Bandwidth: N/A Passings Cost Per Category: Forced Plant Relo Aerial 50 111.48 O IL Preiect a iD 41gss Product Fa Res Cal Sub rat Underground 50 185.94 Z labor Design -Aerial G W 149W 15SIC13AO51 1551 31 n/a 601 FRELO Multiple Total 100 169.16 O MakeReady- Aerial Al2 601 d Project justification Strand & Hardware -Aerial Al2 601 294 CITY OF ROUNDROCK TO PAY TO RELOCATE EQUIMENT TO GO UNDERGROUND THIS IS THE 3RD SECTION 58 395 Splidng & Electronics -Aerial A13 601 140 26 Y Z 5 m W Contract In -House Materials Freight Reimbursement Total FRELO Labor labor Design -Aerial ASO 601 MakeReady- Aerial Al2 601 Strand & Hardware -Aerial Al2 601 294 43 58 395 Splidng & Electronics -Aerial A13 601 140 26 67 233 Fiber New Construction - Aerial A14 601 48 1,377 1,425 Coaxial New Construction - Aerial ASS 601 2,244 336 2•580 Fiber Overiash - Aerial A16 601 816 124 940 Z Coaxial Overlash- Aerial A18 601 744 152 1,148 2,045 O Q Design - UG U30 601 Make Ready -UG U11 601 Z Lu Hardware - UG U12 601 192 Splidng & Electronics - UG U13 601 7 185 W Fiber New Construction - UG U14 601 768 2,526 1,377 4,671 Coaxial New Construction - UG U15 601 768 118 886 Fiber Overtrench - UG U17 601 1,032 153 1,185 CoaxialOvertrench - UG U18 601 1,020 194 1,148 2,362 EQHDE Fiber Optronks - Headend H31 601 INSTL Drops - New Connects 601 Make Ready - Replacements Total 7,826 3,728 5,362 16,916 Projects Budget Outlook YTD Authorized Uncommitted ISSIC13AOS1 Was this activity Budgeted? Select Answer a t - Or Budgeted Project Information (If Budget Is "Borrowed' from another Project, Indicate that Protect here a a Total Requested Authorization S 16,916 Project ID Activity ID OU BS FA Amount Requester Information Required Approvals Date Name: Pete Navejas O Title: Lead Tech Phone: 512-085-6772 Date a Signature: 12/13/2012