24-R-30 GVEC Utility Cooperative Agreement for the Main Street Improvement ProjectRESOLUTION NO. 24-R-30
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE GVEC UTILITY
COOPERATIVE AGREEMENT FOR THE MAIN STREET
IMPROVEMENTS PROJECT, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of Schertz, TX has previously identified a goal
of improving the aesthetics of Main Street and providing a new driving surface on the street; and
WHEREAS, the City Council of the City of Schertz, TX on February 20, 2024 approved
Resolution 24-R-24 authorizing proceeding with the Main Street Improvements project, which
included relocation of the aerial utilities in the Main Street Corridor underground; and
WHEREAS, the Guadalupe Valley Electric Cooperative (GVEC) has provided a Utility
Cooperative Agreement to relocate their electrical utilities underground in the Main Street
Corridor; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
proceed with the GVEC Utility Cooperative Agreement to relocation the electrical facilities
underground.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
0111,FA 6
Section 1. The City Council authorizes the City Manager to execute the GVEC
Utility Cooperative Agreement in substantially the same form as attached with the estimated cost
of $4,356,426.32.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this day of , 2024.
CITY OF SC ER" TEXAS
Ralp�qGtierr Mayor
A ST-
l�
Shei a Edmondson, ity ecretary
(CIT" nr. A T \
50077397.1
EXHIBIT A
GVEC UTILITY COOPERATIVE AGREEMENT
50077397.1 A-1
Project Name: Schertz Main St Underground
Contract/PO
Vendor No:
UTILITY COOPERATIVE AGREEMENT
This Agreement is made and entered into this day of , 2024 by and between the
City of Schertz, herein referred to as ("CITY"), and Guadalupe Valley Electric Cooperative Inc.,
herein referred to as ("UTILITY").
RECITALS
WHEREAS, the CITY has deemed it necessary to make road and facility improvements
along Main Street between Curtiss Ave and Schertz parkway, herein referred to as the
"PROJECT", located within the limits of the Guadalupe County, Texas; and
WHEREAS, the proposed roadway improvements will necessitate the installation, adjustment,
removal, and/or relocation of certain electrical facilities of the UTILITY as indicated in the
following statement of work: The UTILITY is agreeable to design, construct, and relocate as
necessary all electric poles, electric lines, electric meters, electric transformers, appurtenances and
per the existing Franchise Agreement along the PROJECT so as not to be in conflict with any of
the proposed improvements such as but not limited to roadway pavement stricture, curb & gutters,
sidewalks, multiuse paths, drainage structures, traffic conduits & pull boxes, concrete driveways,
medians, landscaping; and
WHEREAS, the UTILITY has submitted and the CITY has approved the PROJECT estimate
and payment plan for such electrical installations, adjustments, removals, and/or relocations as
shown in the attached Exhibit A; and
WHEREAS, the UTILITY has requested that the CITY obtain any additional utility easements
necessary for the PROJECT as shown in the attached Exhibit B.
NOW, THERFORE, in consideration of the covenants and agreements herein contained, the
parties mutually agree as follows:
SCl-IER7c1N-JAItiSTREEI'REI-IttBILII-,Al-fO✓ PROJFCT CY.E.C. LITILITYAGREEAIENT Pt�ge I ol'4
Upon execution of this agreement by the parties hereto the CITY will, by written notice, authorize
the UTILITY to proceed with the necessary electric utility design, material procurement,
installations, adjustments, removals, and/or relocations. The UTILITY agrees to proceed in such a
manner that will not result in avoidable delay or interference with the PROJECT. Should the
UTILITY by its actions cause interference or delay resulting in the imposition of damages upon the
CITY by a third party, UTILITY agrees to be responsible for said damages.
Upon approval of design, the UTILITY will carry out said electric utility installations,
adjustments, removals, and/or relocations in accordance with the PROJECT after the CITY
acquires all necessary utility easements and issues a Notice -to -Proceed to the UTILITY.
PROJECT timeline will be adjusted accordingly due to delays beyond the control of the
UTILITY, which shall include but not be limited to delays caused by the relocation of other
utilities (AT&T and Spectrum), unforeseen material/industry delays, floods, epidemics, adverse
weather, or acts of God.
The CITY shall pay the UTILITY in accordance with the payment timeline supported by the
attached Exhibit A and begin acquisition of the necessary utility easements as shown in Exhibit B
no later than 30 days of this fully executed agreement.
Both parties shall comply with all federal, state, and local laws and ordinances applicable to the
work called for herein.
The UTILITY and CITY agree that both Parties, each through their public officials, employers,
and agents, shall each be responsible for their own negligent acts or omissions or other tortuous
conduct in the course of perfonnance of this Agreement, without waiving any sovereign or
governmental immunity available to CITY. By entering into this Agreement, the Parties do not
create any obligations, express or implied, other than those set forth herein, and this Agreement will
not create any rights in third Parties not signatories hereto. In the event that any portion of this
agreement is determined to be void, unconstitutional or otherwise unenforceable, the remainder of
this agreement shall remain in fail force and effect.
This agreement incorporates all the agreements, covenants, and understandings between the parties
hereto concerning the subject matter hereof, and all such covenants, agreements, and
understandings have been merged in this written agreement. No prior agreement or understandings,
SCHERT MA IN STREET REHAMUTATION PRUJECT GY.E.C.UTILITYAGREEMENT Puge2of4
verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in
this agreement. The terms of this agreement are lawful; performances of all duties and obligations
herein shall conform with and do not contravene any applicable state, local, or federal statues,
regulations, rules, or ordinances.
This agreement shall not be altered, modified or amended except by an instrument in writing and
executed by the parties hereto.
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the part represented.
IN WITNESS WHEREOF, the parties have set their hands and seals this day and year set forth
below.
CITY OF SCHERTZ, TEXAS
BY:
STEVE WILLIAMS, CITY MANAGER
ATTEST:
:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
DATE:
DATE:
DATE:
GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC.
BY: DATE:
EXECUTIVE MANAGER - KEY ACCOUNT
& PROJECT PLANNING
ATTEST:
BY: DATE: _
EXECUTIVE ASSISTANT
SCHERTZ MAIN. STREET REHMILITAMN PROJECT G.V.E.C. UTILITY AGREEMENT
Pagciof4
THE STATE OF TEXAS X
COUNTY OF X
Before me, the undersigned authority, on this day personally appeared ,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me to be the person who executed the same as the act and deed of Guadalupe
Valley Electric Cooperative, Inc., for the purposes and consideration therein expressed. Given
under my hand and seal of office, this the day of
_ , 2024
Notary Public, State of Texas
.SCHERTZMAIN S7'REETREHABILITATION PROJECT G.V.E.C.LITIL1TYAGREEIIENT Prge4of4
Exhibit A
3/22/2024
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Attn: Brian James
RE: Cost Estimate for Schertz Main St Rehabilitation Project
Project Description:
Overhead Rebuild and Underground relocation Construction/Equipment
Engineering, Design, Staking, $375,000
Three-phase distribution Construction
Overhead (labor, equipment & materials) $300,000
Underground (labor, equipment & materials, secondary ties) $3,709,617.68
Retirement _ _ $217,773.62
Estimated Total: $4,602,391.30
Summary of Payments and Estimation of timeline for Distribution Line and Service Deployment:
Down Payment for Project................................................................................ $939,635.30 -April 2024
GVEC Stake/Design Distribution Line................................................................
Procure Equipment and Materials....................................................................
Construct Overhead Distribution line................................................................
Begin Construction of Underground Distribution line ................................... $3,662,756.00 - March 2025
Complete Construction of Distribution Line ...............................................
Install/Energize Commercial services................................................................
Project True Up (at project completion)...........................................................Tent Final Payment — Feb 2026
IMPORTANT NOTE: Costs subject to changes due to final design, construction conditions, supply chain
and volatile pricing on materials. Project True Up will be for actual costs incurred for labor, material and
equipment used.
825 L Sarah DeWitt D►. I P.O. Box 1118 1 Gonzales, Texas 79629 1 gvec.org 1 800.223.4832
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