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ST8402-CN 890912Rev. 4-24-89 Fi £LL AGENDA REQUEST FORM CITY COUNCIL MEETING September 12~ 1989 ITEM NO. /F ITEM CAPTION: Discussion and consideration of entering into ,,~agree~ents~with, TU Electric Company, for installation of the street lighting system in "-,Denton Tap ~gad, in the amount of $88,440.00 and authorizing the Mayor. to,~sign. /// Director,.S.~ign__)/_ - ....... OTHER REP.: Girm. Inq. EVALUATION OF ITEM: DATE: ~]]~]st 24: 1oRq Staff recommends approval. This escrow agreement needs to be approved as'soon as possible to allow/Il Electcic to order materials and begin construction in as timely a fashion as practical. The attached back up information and sumnmry memo will explain the technical and financial soundness of the proposed installation. Representatives of Ginn, Inc. will be available if additional questions arise. Exhibit A has been omitted, and is available for review in the City Secretary's Office. BI. GET AMT.: COFd4ENTS: $217,$QQ.OO ,, AMT. ESTIMATED: $88:zt40. OD AMT. +/- BUDGET: $129,060.00 FINANCIAL REVIEW BY: ~~ LEGAL REVIEW BY: AGEN~DA REQ FORM. 0588DS REVIEWED BY CM: (StrLght - w/sec.) (a.x606005agr) AGREEMENT August 15, 1989 An agreement between TEXAS UTILITIES ELECTRIC COMPANY, a Texas Corporation, hereinafter called "Company", and the CITY OF COPPELL, a Texas Municipality, hereinafter called "Customer", subject to the terms and conditions hereinafter set forth: A. Customer desires that Denton. Tap Road from Beltline Road to Denton Creek, as shown on the attached print marked "Exhibit A", be supplied with electric service by underground facilities rather than overhead facilities. B. Company agrees to furnish and to install 66 - 250 watt high pressure sodium Decashield II luminaries on 66 - 30 foot Union Metal square painted poles, subject to the following provisions: 1. Customer agrees to pay Company, without recourse the sum of $88,440.00 upon completion of installation. 2. Customer will provide Company with, and maintain, cash in escrow, acceptable to Company, or other form of security acceptable to Company, which will guarantee payment to Company of all amounts due hereunder. 3. Customer must notify Company in writing that the entire area, where Company facilities are proposed is cleared and at final grade before installation of Company facilities begins. 4. Customer will supply and install civil construction, including all street crossings to Company's plans and specifications. - 1- (StrLght - w/sec.) (a.x606005agr) 5. Customer shall allow Company to inspect all civil construction installed by Customer. If such installed facilities are not reasonably acceptable to Company, or if Company is not allowed to inspect such facilities, Company may refuse to install its facilities until the unacceptable features are corrected, or until such in- spection is allowed. A refusal by Company to install under this paragraph shall not prevent Company's construction under this agreement from being deemed completed, nor will it prevent Customer from being liable to Company for all sums due hereunder. C. Company agrees to proceed with and to complete the installation within six (6) months from the acceptance date of the agreement, except that Company shall not be held liable for any delay occasioned by shortage of materials, labor disputes, adverse weather conditions, governmental action, federal, state or local laws and regulations or any and all other causes beyond Company's control or delays caused by or at the requests of Customer. D. All sums due hereunder are payable .at Company's offices in Dallas County, Texas. CITY OF COPPELL Customer TEXAS UTILITIES ELECTRIC COMPANY BY Company Farmers Branch District Manager Date of Acceptance (to be filled in by District Manager) - 2-