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Item 9AItem 9A CITY OF SOUTH LAKE MEMORANDUM (April 7, 2015) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Authorize City Manager to execute contracts to bury overhead utility lines adjacent to the Kimball Oaks development with Oncor, Charter Communications and Level 3 Communications in an amount not to exceed $450,000. Action Requested: Authorize City Manager to execute contracts to bury overhead utility lines adjacent to the Kimball Oaks development with Oncor, Charter Communications and Level 3 Communications in an amount not to exceed $450,000. Background Information: The purpose of this item is to expedite the burial of overhead utility lines located at the Kimball Oaks development at the southwest corner of FM1709 (Southlake Boulevard) and North Kimball Avenue. This has been an on -going conversation with the City Council and the Kimball Oaks developer to beautify the intersection with landscaping and corner treatments which are currently deferred until the overhead utility lines can be buried. Oncor owns and maintains the power poles that run along Kimball Avenue on the east side of the development and the poles that run along Southlake Boulevard on the north side of the development. The Oncor portion will include the burial of their electric lines which will entail four (4) bores under pavement and the placement of a switch gear along North Kimball Avenue. The switch gear is the large green cabinet. Charter Communications and Level 3 Communications currently lease space on the poles and will also need to be buried in order to remove the poles. Charter's burial will be similar to Oncor as Charter is on all the same poles. Level 3 Communications is a fiber optic line and has different requirements for burial. Level 3 is only on the poles along Southlake Boulevard. However, the connection points on either end that need to be made to accomplish burial are at Village Center Drive and east of Nolen Drive. Financial Considerations: The recommended contract awards are with Oncor, Charter Communications and Level 3 Communications in an amount not to exceed $450,000. Funding will come from Residual CIP Funds. Strategic Link: The burial of the overhead utility lines at the Kimball Oaks development links to the city's strategy map relative to focus areas of Infrastructure and Quality Development. Citizen Input/ Board Review: N/A Legal Review: These forms are being reviewed by the City Attorney. Alternatives: The Council may authorize the City Manager to execute the construction contracts or deny them. Supporting Documents: Location Map Oncor Statement of Charges Oncor Discretionary Service Agreement Charter Communications Cost Estimate Staff Recommendation: Authorize City Manager to execute contracts to bury overhead utility lines adjacent to the Kimball Oaks development with Oncor, Charter Communications and Level 3 Communications in an amount not to exceed $450,000. Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., Deputy Director Public Works/City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer V T m L- U Oncor Electric Delivery Company LLC, a Delaware limited liability company Scott Faulkner 200 N Ector Euless Tx. 76039 City of Soulhlake Attn: Steven Anderson 1400 Main Street Southlake Tx, 76092 Bury OH electrical lines along 1709 and Kimball in front of this development Statement of Charges Date: 3-13-15 WR #: 3264534 Transaction ID; 33971 Services provided at: Kimball Oaks Kimball and 1709 Southlake Texas 349,852.88 I Total Amount Due Upon Receipts $349,862.88 Price quoted is valid for sixty (60) days from the date of this document. * Remit payment per instructions below. * Project will be scheduled upon Project Managers receipt of Executed Agreement(s). " Payment is expected within 30 days from completion date of project. " Please contact your Project Manager if you have any questions, EFT I Electronic Funds Transfer JP Morgan Chase Bank ABA No. (Wire) 021000021 ABA No. (ACH) 111000614 For Credit To: Oncor Electric Delivery Acct #: 08806169791 Once EFT has been initiated please forward confirmation number and transfer date to: Please make all check(s) payable to Oncor Electric Delivery Remit to: Vickie Coe Oncor Electric Delivery 1545 High Point Dr Mesquite TX 75149 A[ease Include the WR # and Transaction ID (as listed above) on all correspondence including your Check or EFT. Failure to do so will cause unnecessary delays with your project. Lr.x.....Y........................................ ..........sat .............x'xxxk.»».Y...Y.. n,...,1....,......� Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 1 of 2 6.3.5 Discretionary Service Agreement WRf# 3264534 Transaction ID: 33971 This Discretionary Service Agreement ("Agreement") Is made and entered into this 10 day of March 2015 , by Oncor Electric Delivery Company LLC ("Oncor Electric Delivery Company" or "Company"), a Delaware limited [lability company and distribution utility, and _ City of Southlake ("Customer'), a Municipality each hereinafter sometimes referred to individually as "Party" or both referred to collectively as the "Partles". 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 discretionary services In accordance with this Agreement. Customer has requested that Oncor bury approximately 57011 along Kimball and 850' along 1709 of their electrical lines. Oncor will provide all Civil work wire and equipment to bury their facilities. The customer will provide all required easements. Customer is responsible for contacting the other utilities to bury their lines. Customer agrees to pay $349,852.88 for this work. 2. Nature of Service and Company's Retail Delivery Service Tariff -- Any discretionary services covered by this Agreement will be provided by Company, and accepted by Customer, in accordance with applicable Public Utility Commission of Texas ("PUCT") Substantive Rules and Company's Tariff for Retail Delivery Service (including the Service Regulations contained therein), as it may from time to time be fixed and approved by the PUCT ("Company's Retail Delivery Tariff'). During the term of this Agreement, Company is entitled to discontinue service, Interrupt service, or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Tariff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated in this Agreement, the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3. Discretionary service Charges -- Charges for any discretionary services covered by this Agreement are determined accordance with Company's Retail Delivery Tariff. Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination -- This Agreement becomes effective upon acceptance by Customer and continues In effect until work is complete _ Termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to iermination. 5. No-Otherdbligations This Agreement-does-not-obligate-C-ompany-to-provide-or-entitte-eustomer-to-receive-any-service i 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. 6, 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 ail valid, applicable federal, state, and local laws, ordinances, and rules and regulations of duly constituted regulatory authorities having jurisdiction. 7, 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 PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. 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 NIA , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. 11 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. 9. 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: Oncor Electric Delivery Attn: Scott Faulkner 2.f, Q N Ector -- Euless Tx 76039 Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 2 of 2 (b) If to Customer: City of Southlake Attw Steven Anderson 1400 Main Street, Suite 320 Southlake Tx 76092 The above -listed names, titles, and addresses of either Party may be changed by written notification to the other. 10, Invoicing and Payment - Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address (or such other address directed in writing by Customer), unless Customer is capable of receiving electronic invoicing from Company, in which case Company Is entitled to transmit electronic invoices to Customer. -City of Southlake Attn: Steven Anderson 1400 Main Street, Suite 320 out ake x 760 22 If Company transmits electronic invoices to Customer, Customer must make payment to Company by electronic funds transfer. Electronic Invoicing and payment by electronic funds transfer will be conducted in accordance with Company's standard procedures. Company must receive payment by the due date specified on the invoice, If payment is not received by the Company by the due dale shown on the invoice, a late fee will be calculated and added to the unpaid balance until the entire invoice is paid. The late fee will be 5%u of the unpaid balance per Invoice period. 11_ 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. 12. Taxes -w All present or future federal, state, muicipal, or oter 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. 13. 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. 14. Multiple C ounterparts -- This Agreement may be executed In two or m ore counterparts, each of which is deemed an origlnal but all constitute one and the same instrument. is. Other Terms and Conditions - (i)-eustomerhas-dlsclosed-to-Company-all-undergroundTacllitles-owned-by-Customer-or-any-othier-parlythatis-r-ot-a-public utility or governmental entity, that are located within real property owned by Customer. In the event that Customer has failed to do so, or in the event of the existence of such facilities of which Customer has no knowledge, Company, its agents and contractors, shall have no liability, of any nature whatsoever, to Customer, or Customer's agents or assignees, for any actual orconsequential damages resulting from damage to such undisclosed or unknown facilities, (II) City of Southlake agrees that payment shall be made within 30 days of the date the project is completed or the date the invoice is received, whichever Is later. (ill) The Discretionary Service Charges provided in this agreement are for Oncor Electric Delivery facilities only and do not include any charges related to the relocation of any facilities owned by a franchised utility, governmental entity, or licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated, Oncor Electric Delivery cannot complete the relocationlremoval of facilities outlined in this agreement until Joint User(s) remove their facilities attached to Oncor Electric Delivery Poles. (iv) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Onc ocirie Deli erKCo L'LC City of Southlake Customer / Entity Signature Signature Scott Faulkner Printed Name Major Design Coordinator Title Date Printed Name Title Date &'PR TO: Steve Anderson - (817) 748-8101 1400 Main Street, Suite 320 Southlake, Texas 76092 J Charter Cost Estimate Invoice No. Date: This is not an Invoice Wednesday, March 11, 2015 DESCRIPTION QUANTITY COST Total The is for Forced Relocation - Type - Aerial to Underground for about 1900 feet underground. Labor 1 $20,292.50 $ 20,292.50 Materials 1 $5,985.00 $ 5,985.00 Total $ 26,277.50 oniments: This is just a Cost Estimate CHARTER 15100 Trinity Blvd. Suite 500 Fort Worth, TX 76155 Cost Estimate: If you except this cost estimate please sign and return to me. Then a Invoice will be sent to you for payment.