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Old Town Pavillion-CS130913Rhonda Adloo From: Sent: To: Subject: Attachments: Will you handle.... Sent from my iPhone Begin forwarded message: Clay Phillips Friday, September 13, 2013 9:57 AM Keith Marvin Fwd: Park Three Phase Letter - Clay Phillips - 091313.pdf, ATT00001.htm From: "Greg Yancey" <gregyanceygverizon.net> To: "Clay Phillips" <CPhillips(cr,coppelltx.gov> Subject: Park Three Phase Hi Clay: Please find attached a letter requesting City reimbursement for the park power. Glad to answer any questions. Thanks, Gregory K. Yancey Provident Company, Inc. PO Box 1790 Coppell, TX 75019 V (214) 215 -9400 F (214) 276 -1709 gregyanceygverizon. net<mailto: gregyanceygverizon. net> 1 September 13, 2013 Mr. Clay Phillips City Manager City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 RE: Main Street Coppell Development — Square Three -Phase Power Dear Clay: We are pleased to inform you that the three -phase power loop was completed last week serving the park and restaurant pads. The total cost of the work is shown on the attached as follows: Oncor Electric Delivery $64,969.07 Housley Communications $13,085.00 Total: $78,054.07 We have already issued payment to Oncor and Housley and by this letter request reimbursement from the City for its 1/3 share of the cost calculated as $26,018.00. Sincerely yours, Greg Yancey Main Street Coppell, LP (214) 215 -9400 gregyancey(a)verizon. net Oncor Electric Delivery Company LLC, a Delaware limited liability company New Construction Management Karen Eastman 200 North Ector Euless, Texas 76039 Main Street Coppell, Ltd. Greg Yancey 4956 N. O'Connor Rd. Irving, Texas 75062 Statement of Charges Date: 6/26/13 WR #: 3199178 Transaction ID: 29755 Services provided at: Old Town Coppell Main St. and Houston St. Coppell, Texas * Price quoted is valid for sixty (60) days from the date of this document. * Remit payment per instructions below. « Please contact your Project Manager if you have any questions. Project will be scheduled upon: 1) CIAC Coordinator's receipt of payment 2) Project Managers receipt of Executed Agreement(s) EFT / 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 3M -005 Oncor Electric Delivery 1616 Woodall Rodgers Freeway Dallas TX 75202 -1234 Please 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, .......................................... ............................... ....... .....................c 6NCOR This invoice represents a contribution in aid of construction for the amount above the allowance to serve this development. 64969.07 Total Amount Due Upon Receipt 64969.07 * Price quoted is valid for sixty (60) days from the date of this document. * Remit payment per instructions below. « Please contact your Project Manager if you have any questions. Project will be scheduled upon: 1) CIAC Coordinator's receipt of payment 2) Project Managers receipt of Executed Agreement(s) EFT / 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 3M -005 Oncor Electric Delivery 1616 Woodall Rodgers Freeway Dallas TX 75202 -1234 Please 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, .......................................... ............................... ....... .....................c 6NCOR New Construction Management Karen Eastman 200 North Ector Euless, Texas 76039 Main Street Coppell, Ltd. Greg Yancey 4956 N. O'Connor Road Irving, Texas 75062 Re: Old Town Coppell Pavilion and Restaurants Dear Mr. Yancey Oncor Electric Delivery LLC a Delaware limited liability company WR #: 3199178 Transaction ID: 29755 Main Street Coppell, Ltd. ('Customer) has requested that Oncor Electric Delivery Company LLC, a Delaware limited liability company ('Company'), provide additional electric facilities sufficient to provide electric service for 184.6 kW or lots / units at Old Town Coppell, Main St. and Houston St. Pursuant to company's Tariff for Retail Delivery Service, Customer is responsible for 64969.07 as payment for the Customer's portion of the cost of installation of Company's additional electric delivery facilities, such payment to be and remain the property of the Company. Customer's payment in full is due at the time this agreement is returned to Company. Company at all times shall have title to and complete ownership and control over said facilities. Customer is responsible for providing, without cost to the Company: (1) suitable space on customer's premises for the installation of the facilities; and (2) rough site grading to final grade along the route of the facilities and clearing the area of all obstructions. Customer has elected to provide, without cost to the Company, all civil construction necessary to install Oncor Electric Delivery facilities on the Customer's premises, including labor and material. Customer agrees to provide all civil construction in accordance with the Company's standards. Customer has disclosed to Company all underground facilities owned by Customer or any other party that is not 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 nat ure whatsoever, to Customer, or Customers agents or assignees, for any actual or consequential damages resulting from damage to such undisclosed or unknown facilities. This agreement supersedes all previous agreements or representation, either written or oral, between Company and Customer made with respect to the matters herein contained, and when duly executed constitutes the agreement between the parties hereto and is not binding upon Company unless and until signed by one of its duly authorized representatives. This agreement, if not accepted within 30 days of the date of this letter, will be of no force and effect. Acceptance shall consist of delivery of an executed copy of this agreement to Company. Please be aware that the start date of this project will be no earlier than three weeks following the execution of this agreement along with any payment that may be required pursuant to Company's Tariff for Retail Delivery Service. A more definitive installation schedule will be provided upon your delivery of this agreement to assist in your planning for this project. Sincerely, Karen Eastman New Construction Manager Main Street Coppell, Ltd. please execute the agreement and return to me at the address above. Signature 0 avin - Title agrees to the conditions set forth in this agreement, 6L Printed Name -71.311'3 Date GENERAL SERVICE AGREEMENT This agreement is dated the 10th day of Jam, 2013, and is entered into by Housley Communications, Inc., a Texas corporation (hereinafter referred to as "Contractor ") and Main Street Coppell, Ltd. (hereinafter referred to as "Principal ") WHEREAS, Contractor's business includes, but is not limited to engineering, splicing, installation and repair, Central Office installation and repair and installation of buried drop and main cable placement work, as well as all activities related to installation of other utilities, such as water, gas and electric lines or services (hereinafter referred to as "Activities ") in various locations throughout the United States; and, WHEREAS, Principal desires to engage Contractor to provide Services and Contractor desires to perform such services for Principal under the terms and conditions set forth herein; NOW THEREFORE, in consideration of the mutual covenants hereinafter set for and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Conduct of Work. Contractor agrees to use its best and reasonable efforts to complete the Work in a good and workmanlike manner in accordance with the specifications as set forth in this Agreement, As defined in this Agreement, the term "Work" shall include all Services to be performed by Contractor, which are more specifically described on Exhibit A, attached hereto and fully incorporated herein. 2. Responsibilities of the Parties A. Contractor's Responsibilities 1. Contractor shall furnish and control all materials, supplies, labor, machinery, equipment, tools, and transportation necessary to properly perform and complete the Work unless otherwise agreed to in writing by the parties hereto. 2. Secure and pay any applicable permits, licenses, approvals, and inspections necessary for proper execution and completion of the Work. 3. Comply with the applicable laws, ordinances, rules, regulations, and orders of public authorities, whether state; federal, or municipal, bearing on the performance of the Work. GENERAL SERVICE AGREEMENT 1 s , 4. Provide notice and comply with applicable laws, ordinances, rules, regulations, and order of public authorities bearing upon the safety of persons or property or their protection from damage, injury, or loss. 5. Keep the premises free from the accumulation of waste materials or rubbish caused by Contractor's operations. At the completion of the Work, Contractor shall remove all of its waste materials and rubbish from and around the project. 6. Maintain worker's compensation insurance and general liability insurance with respect to the Workt-AJ'? 6. Provide prompt written notice if Principal becomes aware of any fault or defect in the Work or non - conformance with the Plans or Specifications. 3. Access. Principal shall at all times have access to the Work, whether it is in preparation or progress, for the purpose of inspection. 4. Alterations. Principal shall have the right, either before commencement of the Work or during the progress of the Work, to direct in writing any addition to, deviation or omission from the Work. However, prior to any addition, deviation or omission, the parties shall agree in writing as to the adjustment, if any, in the Contract Price and any such addition, deviation or omission shall not relieve Principal of its duty to pay for all Work performed pursuant to this Agreement. 5, Cancellation. Principal shall have the right to cancel this Agreement by providing Contractor with 30 days written notice of its intention to do so. If Work has begun prior to cancellation, Contractor shall be entitled to reimbursement for any costs, including moving in and moving out costs, which had actually been incurred by Contractor at the time Contractor received notice of such cancellation in addition to payment for any Work performed prior to the receipt of the notice of cancellation. 6. Contract Price. Principal agrees to pay contractor the sum of $13,085.00 for all Work performed hereunder as described on Exhibit A. 7. Payment Terms. Payment for all work shall be based upon invoices submitted by Contractor, payable net 30 days after Principal has been notified that Contractor has completed the Work and Principal has inspected and accepted the Work. All sums not paid within 45 days of acceptance shall bear interest at the maximum rate allowed by law. Principal shall have ten (10) days after receipt of Contractor's invoice or notification from Contractor that the Work has been completed in which to inspect and accept or disapprove of the Work. If Principal fails to indicate its disapproval of the Work within this ten (10) day time period, it shall be presumed that Principal has accepted the Work. 8. Indemnity. Principal agrees to indemnify and hold Contractor harmless from and against any claims, damages, losses, expenses, and reasonable attorney's fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by negligent acts or omissions of Principal, its agents, representatives, employees, or assigns. Principal also agrees to indemnify and hold Contractor harmless from and against any claims, damages, losses, expenses and reasonable attorney's fees arising out of or resulting form its breach or violation of any duty assumed or representation made herein. Likewise, Contractor agrees to indemnify and hold Principal harmless from and H f- c0 ?Pg1L GENERAL SERVICE AGREEMENT 3 r against any claims, damages, losses, expenses, and reasonable attorney's fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by negligent acts or omissions of Contractor, its agents, representatives, employees, or assigns. Contractor also agrees to indemnify and hold Principal harmless from and against any claims, damages, losses, expenses, and reasonable attorneys fees arising out of or resulting from its breach or violation of any duty assumed or representation made herein. 9. Events of Default. Notwithstanding anything to the contrary herein, it shall be an event of default for which either party may terminate this Agreement by providing three (3) days written notice if the other party: (1) is not able to pay its debts as they become due; (2) makes a general assignment for the benefit of creditors; (3) applies for or consents to the appointment of any Receiver or Trustee for itself; (4) is adjudged insolvent by any court or other authority having jurisdiction over the defaulting party; (5) has an order of any court or other competent authority having jurisdiction over the defaulting party entered appointing any Receiver or Trustee for the defaulting party; (6) has a writ or warrant of attachment issued by any court or other competent authority having jurisdiction over the defaulting property against all of its property, or (7) becomes the subject of a proceeding under the United States Bankruptcy Code, or enters into a plan or other arrangement with creditors. In the event Principal terminates this Agreement in accordance with this paragraph, Principal shall pay Contractor, within thirty (30) days of termination, for the Work performed and materials delivered through the date of termination. 10. Force Maieure. Neither Principal nor Contractor shall be required to perform any term, condition, or covenant in this agreement so long as such performance is delayed or prevented by force majeure, which shall mean acts of God, fire, flood, storm, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, and any other cause not reasonably within the control of Principal or Contractor and which by the exercise of due diligence Principal or Contractor is unable, wholly or in part, to prevent or overcome. 11. Independent Contractor Status. In furnishing services hereunder, Contractor shall be acting as an independent contractor in relation to Principal. Accordingly, Contractor shall have no authority to act for on behalf of Principal or to bind Principal without its express written consent and shall not be considered as having employee status for the purpose of any benefits applicable to Principal's employees generally. 12. Notice. All notices, requests, demands, or other communications with respect to this agreement shall be in writing and shall be deemed to have duly given on (i) the date delivered, if personally delivered; (ii) the date received, if sent by telecopy or overnight express; or (iii) three business days following the date GENERAL SERVICE AGREEMENT 4 r� mailed first class, postage prepaid or certified or registered to the parties' business address as provided herein or other address as may be subsequently designated by the parties. 13. Parties Bound. This agreement shall be binding upon, and insure to the benefit of, the Principal and Contractor and their respective heirs, executors, administrators, legal representatives, successors and assigns. 14. Waiver. Failure of either Principal or Contractor to enforce any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions, nor shall such failure to act or enforce constitute approval of or acquiescence of a breach hereunder. 15. Further Assurances_ Principal and Contractor agree to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provision of the Contract. 16. Governing Law. This agreement shall be construed under, and in accordance with, the law of the State of Texas, and all obligations of the parties created by this agreement are performable in Tom Green County, Texas. 17. Legal Construction. In case any one or more of the previsions contained in this agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the agreement. 18. Entire Agreement. This Agreement represents the entire understanding between the parties with respect to the provisions herein contained and cancels and supersedes all prior agreements and understanding, whether written or oral, with respect to the subject matter hereof. No amendment, modification, or alteration of the terms of this agreement shall be binding unless it is in writing, dated subsequent to the date of this agreement, and duly executed by the parties to this agreement. GENERAL SERVICE AGREEMENT 5 r�� IN WITNESS WHEREOF, the parties have executed this agreement on the day of 2013. "PRINCIPAL" Main Street Coppell, Ltd. By: Title: I' Witness: o -7 – ( 3 - Z�- "CONTRACTOR" Housley Covhm�nications, Inc. By: Pat Real Title- V.P. of Contract Services Date: �,— o / 3 GENERAL SERVICE AGREEMENT 6 Corporate Office: 3550 S. Bryant Blvd. (Mail: P.O. Box 2899) San Angelo, TX 76902 325 - 944 -9905 325- 944 -1781 fax June 18, 2013 Main Street Coppell, Ltd. 4956 N. O'Connor Road Irving, Tx 75062 Attn: Gregory Yancey Re: Old Town Coppell EXHIBIT A ec Metroplex Office: 3122 Kellway Dr. Carrollton, TX 75006 972 - 931 -2686 972 -380 -4427 fax Please find below our quote for the above mentioned job: n� Central Texas Office: 625 County Road 165 Hutto, TX 78634 512 - 759 -3940 512-74A -5371 fay Placing 3 -3 phase transformer pads and 1- 4x8 pull box and replacing mule tape in conduit. Providing 1 stub out at each transformer pad for services. Place gravel under pull box_ Material $ 7,485.00 Labor 5 600.00 Total $13,085.00 If you have any questions please call Lonnie Binns at 214- 354 -5899. Sincerley, Lonnie Binns Regional Manager Housley Communications, Inc. Lblbh GENERAL SERVICE AGREEMENT 7 CONNECT TO SANITARY SEWER TAP lo EXISTING CONGUIT 9TIlB UP NEW WE Primary ugNT POLe wr �I - --_ EXISTING TRANSFORMER- -i _ L / it DUPLEA OUTLET ) Transformer doors ,ELF —s AREA Secondary facing east as shown I' EWIPMENTV,WLT �y � NOT IN for proper clearance, FGREWNTAN r/ CONTRACT Pad Elevation 519.4 NOSE aiR %. Transformer doors facing west as shown for proper clearance Pad Elevation 518.8 Secondary NIe uorrc POLE `7 Z R Ift311* SUTI PO IF t I - -EASE T -- PLAYGROUND SEE MEP -1- MEP -2 Gam, RELOOATEn II - I - I'LIGNT POLE` Prima ` S IITILRY -- ry I FARFMFNT •' FAN � ��_.I -,� ._._�_._ UGLE TR NEVS';3'PHASE .1 f x 1 / POLE SEE TRANSFO ERANO METER Tl •�I VII 1 1: TRANSFORMER /. roR VEST � FACE RS TO WEST EASEMENT EXISTING ONCOR CONDUIT , T6TiI —1. Pad elevation 518.4 mod i I New 4x8 handhole for three phase loop - Place adjacent to walk away from tree rl 1J Vi LICIT RESERVOIR TANK FOR FOUNTNN j '� POILE j I IGHT I ERACTI AVILION PO1F FOUNTAIN E- 1.1 -E -2.3 SEE WF7 -91- 091-WF1-01- LIGHT PO 923 LE Secondary NIe uorrc POLE `7 Z R Ift311* SUTI PO IF t I - -EASE T -- PLAYGROUND SEE MEP -1- MEP -2 Gam, RELOOATEn II - I - I'LIGNT POLE` Prima ` S IITILRY -- ry I FARFMFNT •' FAN � ��_.I -,� ._._�_._ UGLE TR NEVS';3'PHASE .1 f x 1 / POLE SEE TRANSFO ERANO METER Tl •�I VII 1 1: TRANSFORMER /. roR VEST � FACE RS TO WEST EASEMENT EXISTING ONCOR CONDUIT , T6TiI —1. Pad elevation 518.4 mod i I New 4x8 handhole for three phase loop - Place adjacent to walk away from tree rl 1J Vi X a�e rm H©USLEY COMMUNICATIONS, INC. P.O. Box 2899 3550 So. Bryant Blvd. SAN ANGELO, TEXAS 76902 3251944 -9945 BILL TO: MAIN STREET COPPELL, LTD 4956 N O'CONNOR ROAD IRVING, TX 75062 ATTN: GREGORY YANCEY RE: OLD TOWN COPPELL..FIRST AND FINAL BILLING.. JOB 100% COMPLETE ... NO RETAINAGE UNITS CODE PER QUOTE: DESCRIPTION PLACING 3 -3 PHASE TRANSFORMER PADS AND 1 -4X8 PULL BOX AND REPLACING MULE TAPE IN CONDUIT. PROVIDING 1 STUB OUT AT EACH TRANSFORMER PAD FOR SERVICES. PLACE GRAVEL UNDER PULL BOX.. INVOICE 0132910 UNIT PRICE EXTENSION MATERIAL $7,485.00 LABOR $5,600-00 TOTAL INVOICE $13,085.00 MSCO132910 DATE: 8130113 Contract: MAIN STREET COPPELL Effective Date: 7/12/2013 Job No.: Sall No.: Loc Code: OLD TOWN COPPELL Terms: HCI Job No.: 64- 52030000833 UNIT PRICE EXTENSION MATERIAL $7,485.00 LABOR $5,600-00 TOTAL INVOICE $13,085.00