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R-06-03-09-9F2 - 3/9/2006RESOLUTION NO. R -06-03-09-9F2 WHEREAS, the City of Round Rock has previously entered into a Reimbursement Agreement with McLeod USA Telecommunications Services ("McLeod") for the relocation of fiber optic cables owned by McLeod in connection with the IH -35 Area Improvements Project, and WHEREAS, McLeod has submitted a Supplemental Reimbursement Agreement to the Agreement to provide for additional work, and WHEREAS, the City Council desires to enter into said Supplemental Reimbursement Agreement with McLeod, 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 Supplemental Reimbursement Agreement to the Reimbursement Agreement with McLeod USA Telecommunications Services, 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 9th day of March, 2006 ATTES R. NY or City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60309F2.WPD/sc SUPPLEMENTAL REIMBURSEMENT AGREEMENT This Supplemental Reimbursement Agreement ("Supplemental") made this day of February, 2006, by and between McLEODUSA TELECOMMUNICATIONS SERVICES, arra corporation, having a business address at 5310 Harvest Hill Road, Suite 170, Dallas, Texas 75230 ("McLeodUSA") and the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, having a business address at 221 East Main Street, Round Rock, Texas 78664 ("CORK"). WITNESSETH: WHEREAS, CORR and a private developer are widening a roadway and other road improvements along IH -35 between Chandler Road and Westinghouse Road (the "Project"); and WHEREAS, McLeodUSA has a fiber duct system that is in conflict with the CORR's Project; and WHEREAS, CORR has requested that McLeodUSA relocate or cause to be relocated their fiber duct system and entered a Reimbursement Agreement in October, 2005 with McLeodUSA, attached hereto as Exhibit "A" and made a part hereof ("Reimbursement Agreement") to cover such work; and WHEREAS, under the terms of the Reimbursement Agreement, the total reimbursement payable to McLeodUSA for such actual costs is to not exceed One Hundred Twenty-two Thousand Two Hundred Eighty-five and NO/100 Dollars ($122,285.00); and WHEREAS, the actual costs will exceed the amount allowable under Reimbursement Agreement and the parties wish to allow such excess actual costs related to the Relocation Services requested by the CORR. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: 1. CORR agrees to reimburse McLeodUSA an additional amount estimated to be Fifty-one Thousand and NO/100 Dollars ($51,000.00) under the terms of this Supplemental, making the total actual costs of the Relocation Services to not exceed One Hundred Seventy-three Thousand Two Hundred Eighty-five and NO/100 Dollars ($173,285.00), as are more fully set forth on Exhibit "B," attached hereto and made a party hereof ("Cost Estimate"). Should the total costs for the Relocation Services exceed the Cost Estimate, including this Supplemental, by no more than twenty percent (20%), then McLeodUSA shall submit to CORR a detailed written report itemizing the total additional 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 for the Relocation Services were submitted to and approved by CORR prior to incurring such additional costs. Upon completion of the Relocation Services, McLeodUSA shall present CORR with a detailed invoice of the actual Relocation Services performed and CORR agrees to make, within thirty (30) days from the date of a properly detailed invoice, a one-time full reimbursement payment of the actual costs, so long as such total actual costs under this Supplemental and the Reimbursement Agreement do not exceed One Hundred Seventy-three Thousand Two Hundred Eighty-five and NO/100 Dollars ($173,285.00), by more than twenty percent (20%). Neither enhancement or betterment costs, nor any costs in excess of twenty percent (20%) of the estimate of One Hundred Seventy-three Thousand Two Hundred Eighty-five and No/100 Dollars ($173,285.00) shall be reimbursed by CORR. 2. The parties agree that all other terms and conditions set forth in the Reimbursement Agreement shall remain the same and shall be applicable under this Supplemental. b 2 EXHIBIT "A" Page 1 of 2 Effective date of agreement as of date of approved by the City Council. CITY OF ROUND ROCK McLEODUSA TELECOMMUNICATIONS SERVICES, INC. By: By: Nyle Maxwell, Mayor Printed Name: L ATTEST: By: Christine Martinez City Secretary APPROVED AS TO FORM: By: Stephan L. Sheets Page 2 of 2 mprovements co N L coin Z DATE: March 2, 2006 SUBJECT: City Council Meeting - March 9, 2006 ITEM: 9.F.2. Consider a resolution authorizing the Mayor to execute a Reimbursement Agreement with McLeoud USA Telecommunications Services for the IH -35 Area Improvement Project. Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director Justification: This agreement will provide reimbursement to McLeod USA Communications for adjusting the location of their fiber optic cable. The cable location is in conflict with Chandler Road in conjunction with the IH -35 Area Improvements Project. Funding: Cost: $ 51,000.00 Source of funds: 4B -RR Transportation Development Corporation Outside Resources: McLeod USA Communications Background Information: This work is for the relocation of utilities within the right-of-way of the IH -35 Area Improvements Project. This project was awarded by the Texas Transportation Commission in September, 2005 and is scheduled for construction in December. Public Comment: N/A SUPPLEMENTAL REIMBURSEMENT AGREEMENT Olth This Supplemental Reimbursement Agreement ("Supplemental") made this day of+'ary, 2006, by and between McLEODUSA TELECOMMUNICATIONS SERVICES, ah \ corporation, having a business address at 5310 Harvest Hill Road, Suite 170, Dallas, Texas 75230 ("McLeodUSA") and the CITY OF ROUND ROCK, a Texas home-rule municipal corporation, having a business address at 221 East Main Street, Round Rock, Texas 78664 ("CORR"). WITNESSETH: WHEREAS, CORR and a private developer are widening a roadway and other road improvements along IH -35 between Chandler Road and Westinghouse Road (the "Project"); and WHEREAS, McLeodUSA has a fiber duct system that is in conflict with the CORR's Project; and WHEREAS, CORR has requested that McLeodUSA relocate or cause to be relocated their fiber duct system and entered a Reimbursement Agreement in October, 2005 with McLeodUSA, attached hereto as Exhibit "A" and made a part hereof ("Reimbursement Agreement") to cover such work; and WHEREAS, under the terms of the Reimbursement Agreement, the total reimbursement payable to McLeodUSA for such actual costs is to not exceed One Hundred Twenty-two Thousand Two Hundred Eighty-five and NO/100 Dollars ($122,285.00); and WHEREAS, the actual costs will exceed the amount allowable under Reimbursement Agreement and the parties wish to allow such excess actual costs related to the Relocation Services requested by the CORR. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: 1. CORR agrees to reimburse McLeodUSA an additional amount estimated to be Fifty-one Thousand and NO/100 Dollars ($51,000,00) under the terms of this Supplemental, making the total actual costs of the Relocation Services to not exceed One Hundred Seventy-three Thousand Two Hundred Eighty-five and NO/100 Dollars ($173,285.00), as are more fully set forth on Exhibit "B," attached hereto and made a party hereof ("Cost Estimate"). Should the total costs for the Relocation Services exceed the Cost Estimate, including this Supplemental, by no more than twenty percent (20%), then McLeodUSA shall submit to CORR a detailed written report itemizing the total additional 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 for the Relocation Services were submitted to and approved by CORR prior to incurring such additional costs. Upon completion of the Relocation Services, McLeodUSA shall present CORR with a detailed invoice of the actual Relocation Services performed and CORR agrees to make, within thirty (30) days from the date of a properly detailed invoice, a one-time full reimbursement payment of the actual costs, so long as such total actual costs under this Supplemental and the Reimbursement Agreement do not exceed One Hundred Seventy-three Thousand Two Hundred Eighty-five and NO/100 Dollars ($173,285.00), by more than twenty percent (20%). Neither enhancement or betterment costs, nor any costs in excess of twenty percent (20%) of the estimate of One Hundred Seventy-three Thousand Two Hundred Eighty-five and No/100 Dollars ($173,285.00) shall be reimbursed by CORR. 2. The parties agree that all other terms and conditions set forth in the Reimbursement Agreement shall remain the same and shall be applicable under this Supplemental. a© � o3-oqa 9r1, Page 1 of 2 Effective date of agreement as of date of approved by the City Council. CITY OF ROUND ROCK By: AVA:didie yl tx ell, Mayor - O( ATTEST: By: Christine Martinez City Secretary APPRO irg Sthan L. Sheets S TO ORM: McLEODUSA TELECOMMUNICATIONS SERVICES, INC. Page 2 of 2