Item 4BCITY OF
SOUTHLAKE
MEMORANDUM
(March 29, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve utility relocation agreement with Tri- County Electric
for utilities along North Kimball Avenue in the amount of
$294,183.74
Action
Requested: Approve utility relocation agreement with Tri- County Electric for
utilities along North Kimball Avenue in the amount of $294,183.74
Background
Information: The North Kimball Avenue Improvement Project is currently on-
going. Kimball Avenue is an existing 2 -lane asphalt roadway which
is being improved to a 4 -lane concrete road with landscaped center
medians. The contractor and franchise utilities are in the process
of relocating utilities within the right of way to accommodate these
improvements.
City staff has been working with the franchise utilities that are
located within the right of way of Kimball Avenue to relocate their
facilities in a timely manner. Franchise utilities within the right of
way are required to relocate their facilities for city improvement
projects at their expense. In the case where their facilities are
located within an adjacent easement, any relocation costs would be
the responsibility of the city or developer requiring the relocation.
From SH114 to south of Kirkwood Boulevard, Tri- County Electric
Cooperative, Inc. has facilities within an easement adjacent to the
right of way which they acquired from the property owner several
years ago. The city's widening project requires the relocation of the
Tri- County facilities along Kimball Avenue. The agreement
between the city and Tri- County Electric outlines the responsibilities
of both parties. Tri- County Electric will relocate their facilities in a
timely manner at the city's request, and the city agrees to
reimburse them $294,183.74 for the work.
Financial
Considerations: Funding for the relocation of Tri- County Electric facilities is
available in the FY 2011 capital improvement program budget.
Strategic Link: The North Kimball Avenue Improvement project links to the city's
strategy map relative to the focus areas of Mobility, Infrastructure,
and Quality Development. The specific corporate objectives that
are met by this construction project include: Providing travel
convenience within city and region; Providing high quality customer
service; and Investing to provide and maintain high quality public
assets.
Citizen Input/
Board Review: N/A
Legal Review: The agreement has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve or deny the agreement.
Supporting
Documents: Location Map
Agreement
Staff
Recommendation: Approve utility relocation agreement with Tri- County Electric for
utilities along North Kimball Avenue in the amount of $294,183.74
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Cheryl Taylor, P.E., Civil Engineer
m
TRI- COUNTY ELECTRIC COOPERATIVE, INC.
UTILITY ADJUSTMENT AGREEMENT
THIS AGREEMENT, by and between Tri- County Electric Cooperative, Inc. and
the City of Southlake, hereinafter respectfully referred to as "TCEC" and "CITY ",
is as follows:
WHEREAS, the CITY, acting by and through itself, proposes to make certain
roadway improvements on a section of Kimball Avenue between US Hwy 114
and Dove Road; and,
WHEREAS, TCEC proposes to retain, locate, relocate, adjust, improve certain of
its electrical distribution facilities and retain title to any property rights and/or
easements it may have adjacent, along, over, under and across or within such
limits of the roadway right -of -way; and,
WHEREAS, the CITY has notified TCEC that certain of its facilities and
appurtenances are in locational conflict with the CITY's improvements and CITY
has requested that TCEC undertake the necessary and mutually agreed to
adjustment(s) to accommodate the CITY; and,
WHEREAS, TCEC recognizes that time is of the essence in completing the work
and adjustments contemplated herein; and,
WHEREAS, the CITY and TCEC desire to implement the adjustments and work
of TCEC by entering into this AGREEMENT; and,
NOW, THEREFORE, in consideration of these premises and of the mutual
covenants and agreements of the parties hereto and other good and valuable
consideration, the receipt and sufficiency of which is being hereby acknowledged,
the CITY and TCEC agree as follows:
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3.
4.
5.
TCEC hereby agrees to perform its construction and work necessary to
adjust its facilities in good and workmanlike manner. TCEC agrees to
coordinate its work with the CITY.
TCEC may utilizes its own employees or may retain and use such
contractor or contractors as are necessary to make its adjustments.
TCEC will obtain all necessary permits for the construction to be
performed by TCEC and CITY will cooperate with TCEC in the process as
needed.
CITY will expeditiously stake the survey of the proposed locations of the
areas needed by TCEC, clear the planned construction area(s), and
cooperate with TCEC as survey stakes are requested.
TCEC will relocate and/or adjust its facilities currently located in CITY
right -of -way, if not covered by an easement, at TCEC's expense.
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6. CITY will make payment to TCEC in the amount of $294,183.74 for the
adjustment of its facilities currently covered by private easement(s) prior to
TCEC commencing its work. Said payment is non - refundable.
7. TCEC will provide CITY with an invoice for the amount due in item 6
above.
8. Both parties hereto this AGREEMENT shall retain ownership of its
facilities at all times.
9. This AGREEMENT does not in any way and shall not be construed to
create a principal /agent or joint venture relationship between the parties
hereto and under no circumstances shall the CITY or TCEC be considered
as or represent itself to be an agent of the other.
10. This AGREEMENT embodies the entire agreement between. the parties
and there are no oral or written agreements between the parties or any
representations made which are not expressly set forth herein.
11. Time is of the essence in the performance of this AGREEMENT. Neither
the CITY nor TCEC shall be liable to the other for any delay in
performance under this AGREEMENT from any cause beyond its control
and without its fault or negligence, such as acts of God, acts of civil or
military authority, fire, earthquake, strike, unusually severe weather,
floods.
12. The CITY and TCEC each represents and warrants to the other party that
warranting party possesses the legal authority to enter in to this
AGREEMENT to exercise that authority and to lawfully authorize its
undersigned signatory to execute that AGREEMENT and to bind such
party to its terms.
13. The parties acknowledge that the timely completion of the contemplated
work will be influenced by the ability of TCEC, and its contractors and the
CITY to coordinate their activities, communicate with each other, and
respond promptly to reasonable requests.
14. This AGREEMENT may be executed in counterparts and each counterpart
hereof will be deemed to be an original instrument but all such
counterparts together will constitute one and the same instrument.
15.This AGREEMENT shall become effective upon the later of the date of
signing by the last party, either TCEC or CITY, signing this AGREEMENT.
16. Each page of this AGREEMENT shall be initialed and dated by both
parties.
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures:
TRI- COUNTY ELECTRIC COOPERATIVE, INC.
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Title: 0 0446AFA I 1i16 t ,+rT ✓� Vl�fd ^f
Print Name: oil
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Date: _ 4 144ew l 0, Z O [ 1
CITY OF SOUTHLAKE
By:
Title:
Print Name:
Date:
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