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ST1002-AG110823AGENDA REQUEST FORM T H E . ` , T Y . a F DEPT: Engineering COPPELL DATE: August 23, 2011 k S ITEM #: 12 /C E] WORK SESSION M CONSENT 1:1 REGULAR ITEM TYPE: CONTRACT /BID or PROPOSAL ITEM CAPTION: Consider approval of a contract with Time Warner Cable in the amount of $120,453.00 for the burial of utilities in Old Town; as provided for in the CIP funds; and authorizing the City Manager to sign and execute necessary documents. GOAL(S): EXECUTIVE SUMMARY: This is a follow -up to the work session item taken on July 12, 2011 regarding the Old Town Aerial Crossings. Staff will be available to answer any questions. FINANCIAL COMMENTS: Funds are available in Street CIP for this contract. RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Staff recommends approval of this contract. APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve M - Tunnell S - Mahalik Vote - 7 -0 ew Contract Time Warner Old Town -1 AR MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: August 23, 2011 RE: Consider approval of a contract with Time Warner Cable in the amount of $120,453.00 for the burial of utilities in Old Town; as provided for in the CIP funds; and authorizing the City Manager to sign and execute necessary documents. On July 12, 2011 city staff brought forward a work session item for discussion on the burial of certain overhead utilities within the Old Town Coppell area. Working with the guidance we received during that meeting we negotiated this contract with Time Warner Cable for burial of all of their overhead facilities between Mitchell and Freeport. The estimated price for this burial is $120,453.00. All work associated with this burial will be done by Time Warner Cable, or their contractor. The location of the lines to be buried are identified on the included exhibit. This work is being done to enhance the appearance of the Old Town area. This will tie in with the necessary relocation of utilities as we move closer to beginning construction in the area. We are continuing to work with Oncor to negotiate a contract to bury their service line crossings as well. In the event the value of that contract exceeds the approval limit of the City Manager, we will bring an agenda item next meeting for approval as well. We recommend approval of this contract in the amount of $120,453.00 with Time Warner Cable for burial of utilities in the Old Town area. Staff will be available to answer any questions at the Council meeting. 1 I -- DisT auTioN - $ 1 5,000 2.TrnF WARN Fa .—IF - F—T vF $1 20,453 f 540 W H 7 G AERIAL CROSSING BURIAL RM o `' PLAN r s� SHEET FA 's Mav 2- CITY OF COPPELL DALLAS COUNTY, TEXAS 1 1.0NCVa DISTRIV 'IN - $35,00❑ 1 .DNCOR sFavicF TO Fnarn Fas MARKET -TV HF 1 . ❑NC Va DISTRIV UTivN - $3H,00❑ 1.0NCVa - $6,50❑ a 2.TirnF WARNER CnecF - F—T vF $ 1 20,453 R... — 2.TirnF WARN CR Cn e.. - P—T IF $120,452 2.C1TV ELECTRIC inN $40❑ f - — aFT�FL Ro F 5 41� 7 G AERIAL CROSSING BURIAL RM o `' PLAN r s� SHEET FA 's Mav 2- CITY OF COPPELL DALLAS COUNTY, TEXAS 1 MAINTENANCE CONSTRUCTION RELO AGREEMENT TIME WARNER NY CABLE LLC Project: City of Coppell, Bethel Road Relo C2011 -048 This Maintenance Construction Relo Agreement (this, "Agreement') is made and entered into this 29th day of August, 2011 (the "Effective Date ") by and between Time Warner NY Cable LLC., d /b /a Time Warner Cable (the "Company "), a Delaware limited liability company and its affiliates, with an office at 1565 Chenault St., Dallas, Texas, 75228; and City of Coppell (the "Party ") and its affiliates with an office at 255 Parkway Blvd, Coppell, Texas. 75019. The "Company" and the "Party" ( "Party) referred to individually) hereinafter will sometimes be referred to collectively as the "Parties." This Agreement is in response to a request from the Party (named above) to Time Warner Cable to relocate CATV utilities. The contact for the Party is Keith Marvin, City of Coppell, P.E., Civil Engineer, City of Coppell; and the contact for the Company is David Cheney, Time Warner Cable, Construction Supervisor. Following is the project description for the work to be performed by Time Warner Cable: Time Warner Cable will relocate aerial plant to underground; the project is located along Bethel Road from just east of South Coppell Road to Freeport Parkway, Coppell, Texas. The cost for this work is estimated at: $120,453.00 The fully executed agreement authorizes the work for the Party. You must return this signed agreement, before your work will be scheduled. If you agree to these terms, please sign below and return one signed agreement to Time Warner Cable, the mailing address and contact information is listed at bottom of page 3 of this agreement. Please retain one signed agreement for your records. This actual cost will be billed to you upon completion of the work. Your reference number and invoice number is C2011 -048 this number is to be referenced on your check. By signing below, you warrant that you are authorized to bind the company or entity to the terms of this agreement. Upon receipt of your signed agreement, your work order will be released to our Construction Department for scheduling. Time Warner Cable Inc., through its North Texas Region, d /b /a Time Warner Cable, shall not be responsible to the extent its performance is delayed or prevented due to causes beyond its control, including but not limited to acts of God or the public enemy, terrorism, civil commotion, embargo, acts of government, any law, order, ordinance, regulation, or requirement of any government, fires, explosions, weather, quarantine, strikes, labor disputes, lockouts, and other causes beyond the reasonable control of Time Warner Cable. Pagel of 3 MAINTENANCE CONSTRUCTION RELO AGREEMENT TIME WARNER NY CABLE LLC Project: City of Coppell, Bethel Road Relo C2011 -048 Please be advised that the price quoted in this agreement is only valid for sixty (60) days from effective date of this agreement. If this work request is cancelled after you have signed the agreement, you will be billed for any Engineering and Construction cost incurred after the date of signature that may include the cost to place and /or remove facilities. If we do not receive this signed agreement from you within fifteen (15) days from the effective date on agreement, we will assume that you do not want the work to be undertaken and the project will be cancelled. Should you have any questions or concerns regarding agreement terms, please contact Annette Eitt at 214 - 320 -7415 or via email at annette.eitt(aDtwcable.com IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. TIME WARNER NY CABLE LLC North Texas Region d /b /a Time Warner Cable 1565 Chenault St. Dallas, TX 75228 Z &% P / 7 , 4 - be/Robfnrsb W Director of Construction Date: CC: David Cheney, Construction Supervisor Obligatory Planner / Engineer Page 2 of 3 MAINTENANCE CONSTRUCTION RELO AGREEMENT TIME WARNER NY CABLE LLC Project: City of Coppell, Bethel Road Relo C2011 -048 City of Coppell Attn: Keith Marvin, P.E. 255 Parkway Blvd. Coppell, TX 75019 I agree to the terms of this agreement: Accepted (Signature): l Print Name & Title: C �0.0 +� ►,�s, ��' ' `C Q e City or Business Name: C '4!A oT C o e ' Billing Address: C), —6 °X 9 4-78 City /State /Zip: 7 SQ Telephone #: Date: * * * * * * * * * * * * * * * * * * * ** Time Warner Cable Mailing Address & Contact Information: Time Warner Cable Attn: Annette Eitt /Construction Department 1565 Chenault St. Dallas, TX 75228 (office phone) 214 (email) annette eitt twcable.com t: PPM Page 3 of 3