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HomeMy WebLinkAboutContract 42865-A2 CITY SECRETARY CONTRACT NO. Texas �ls !i� t .'f) ,1+� Ifi EL;sI , �Qppftfl}QOt Ol TfpRS�OftpffOR i fr IF F $ NORTH TARRANT EXPRESS (NTE) PROJECT DATE: June 7, 2012 UTILITY ASSEMBLY: 820-U-0506-0002 City of Fort Worth Water Department Planning & Business Services 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392-8480 MAIN 6851 NE Loop 820,Suite 102 City Secretary Office Copy North Richland Hills,Texas 76180 (817)510-3557 Main (817)510-3691 FAX TY S t-3ECRETARY .00 CONTRACT NO*k ,A$ y City of Fort Worth Assembly Developer Managed Assembly Number: 820-U-0506-0002 l loi-th Tarrant ress "wl TQ--Se meat West April l 0 2012 Existing,Facilities Conflict I Relocation of an existing fire hydrant adjacent to lH 820 at Melodiy Hills.Cyr. (159) NTE utility BL STA 643+ 1 Relocation of an existing 15"WW line adjacent to the IH 820, BFR From 82 1H 35W to W of Riverside Drive NTE Utility BL STA,676+72 to STA 693+ Relocation of an existing 2"grater line adjacent to the 1H 820,WBFR from 83 NTE Utility BL STA 690+70 to STA 694+40 Relocation of an existing 18"WW line crossing 1H 820 at NTE Utility 13L (84 STA 693+78 Relocation of an existing 1"WW line adjacent to the IH 820 v BFR from 85) NTE Utility BL sTA 693+6,9 to STA 695+20 Bluebonnet Contractors, LLC is submitting the attached Utility Assembly in compliance with the CDA to adjust approximately 2,404 LF of wastewater and appro irnatelly 462 LF of water line adjacent to and crossing IH 820 from IH 35 W to W olf Riverside Drive. In addition, an existing fire hydrant at IH 35W and Melody Hills Drive is to be adjusted. The existing water and wastewater facillities are in conflict with the Forth Tarrant Express Project and are to be adjusted in compliance with TxDOT's Utility Accommodation Rules U R . The total, estimated cost to replace these facilities is $795,142..20. The final cost will be determined according to actual accumulated' costs. The relocation is 100%cornpensable for the City of IF f Ft.Worth. There are no betterments or salvage values associated with this utility adjustment. This 'Developer Managed' Assembly consists of thirteen colmiplo,nents as required by the CDA (Assembly Summary, Lltiility Adjustment Agreement Amendment, Plans, specifications, and Estimates, Affidavit of Property (Interests, statement of Work, Joint Use Acknowledgement, Assembly Checklist, No Conflict Sign-off Forms, Right of Way,Maps,TxDD T Checklist and Approval). LTRA Engineering with Pacheco Koch Engineering prepared the plans which were signed and sealed by Brian O Neill, P.E on October 25, 201.1 (1519), and by care W. Fisher, P.E. on April 10, 2012 82,83184185 . NTE Mobility Partners LLB: and Bluebonnet Contractors, LLC recommend approval of the Assembly and have acknowledged the Traffic Control Plan as defined in NTE General dotes Construction Notes on sheet 5 of the plans. The SW13P is also addressed i in Bluebonnet Contractors General Notes under Environmental dotes on sheet 5 within the plan set. NT'E Mobility partners LLC, Bluebonneit.Contractors and the City of Fort Worth have executed the Assembly Bluebonnet Contractors, LLC and the city of Fort Worth will coordinate and conduct a pre- construction meeting to address NTE Safety and environmental issues prior to performing any adjustment related activities on the project. All safety, traffic control, and environmental issues will be complied with during construction activities in the vicinity of the line to maintain the integrity of the City of Fort "Forth's facilities, and protect the, traveling public. Tx OT has 10 business dais to reviews and approve the Assembly. Recornmende ir, pw r I H.5cott Colter,P.E. Scot c urger, mm rl s pia el Riga 7 L;o ' - i Texas Department of Transportation "Form TxDOT-CDA-U-35A-DM-NTE Page I of 8 Rev. 08/26/10 orrrrr/ County-, TA RRANT ROW CSJ-. 0008-14-093 NO ROW CSJ Const. CSJ-. 0001 -14-059 0014-1,6-194 Highway: IH 82 / IH 35W Limits: From IH 315W TO SOUTHWESTERN RAILROAD / AT IH 8,2,0 INTERCHANGE "UTILITY ADJUSTMENT AGREEMEN r V AMENDMENT (Developer Managed) (Amendment No. 0003 to Agreement No.,,,, 820,-U-0506) Conflicts 82-85 and 159 THIS kMENDMENT TO MASTER UTILITY AD31JSTMENT AGREEMENT (this "Amendment""):,, by and betAveen NTE Mobility Partners LLC, hereinafter identified as the "Developer", Bluebonilet, Contractors, LL C, hereinafter identified as the "Design-Build Contractor" and City of Fort, Worth, hereinafter identified as the""Owner"', is as follows: WITNESSETH WHEREAS,, the STATE of TEXAS, acting by and through the Texas Department of Transportation, hereinafter identified as "'1'xDOT"., proposes to construct the turnpike project identified .hove (the "Facility", as more particularly described in the"Original Agreement", defined below); and W`HEREAS, pursuant to that certain Comprehensive Development, Agreement ("CDA") by and between T'xDOT and the Developer with respect to the Facility, the 'Developer has undertaken the obligation to design, construct, finance, operate and maintain the Facility, including causing the removal, relocation, or other necessary adjustment of existing utilities impacted by the Facility(collectively, "Aqiustment"); and WHEREAS, pursuant to that certain Design Build Contract by and between the Developer and the Design Build Contractor with respect to the Facility the "*Design-Build Contract*"'), the Design-Build Contractor has, undertaken the obligation to design and construct the Facility, which includes the Aqjustment; and WHEREAS, the Owner, the Developer, and the Design-Build Contractor are parties to that certain executed Master Utility Adjustment Agreement designated by the "Agreement No." indicated above, as I., amended by previous amendments, if any the "Original Agreement"), which provides for the adj U Still ent of certain utilities owned and/or operated by the Owner the"Utilities"); and "EREAS, the parties are required to utilize this Amendment forrn in order to modify the Original Agreement to add the adjustment of Owner facilities not covered by the Original Agrcernent; and UP, WHEREAS, the parties, desire to amend the Original Agreement to add, additional Owner utility facility(ies), on the terms and conditions hereinafter set forth. 2.1012-04-02 1 TE UAAA(DM)Conflicts 82-85159(dwbRL4.11.12)JK rev 4-19-12.doc220 Texas Department of Transportation Form TxDOT-CDA-U-35A-D'M-NTE Page 2 of 8 Rev. 08/26/10 Ii , NOW, THEREFORE, in consideration of the agreements contained herein, the parties hereto agree as follows'. I Amendment., The Original Agreement is hereby amended as follows: 1.1 Plans. (a) The description of the Owner Utilities and the proposed Aqjustment of tile Owner Utilities in the Original Agreement is hereby amended to add the following Utility facillty(ies) ("Additional Owner Utilities") and proj)osed Adjustment(s) to the Owner Utilities described in the Original Agrecinent.- Conflict 159 - A4itistment oj'an existing Owner fi r e h drant aqjacent to IH 35W and Me,lo4y Hills, Drive at NIA. Utility BL S 643'+51. The existing Oiimer fiacil tics+ are in cotta flict with the NTh,proiect and are to be a(ljusted in compliance Wi.t xDO 's 0ility Accommodalion Rule�s ((JAR . The aqjustment u-411 include installeition of a fire �d�ant as i,4,7ell as approximately 35 F of 12"' P VC7 WL and ap proximately 32 LF of 6" P VC ff"L The existing * - , fire hydrant is to be removed and the associated semliee line is to be cut, fill?d ii,lith grout, plugged, and abandoned in place. See Exhibit A attached her and in car porated herein., Conflict 82 —A(6tistmenl of an exishIng Owner wastevw.-iter line rom NI`E Ulility BL STA f 676+72 to ST A 693+69. The e.xisting Owner facilities are in conflict with the NTE prqject and are to be adjusted in compliance with TvDOT IS Utility Acconnnodation Rules F I � 1,773 LF qf 15 (UAR). The a4jusled.fiwilities will include installation q 'oppmximate�v wastewater line aria 6 manholes a4jacent to the IH 820 WBFR,. The axistingj cilities that are not being removed during construction acth4ties are to be cu�t, filled with grout, capped and abandoned in Place. See Exhibit B attached hereto and incorporated herein. Cot?flict 83 -- Adjustnient, qfati a-visting Chwier 1'2 1:"k water line,fi-o Utili1 y BL SSA 69,0+70 to S7A 694+40. The em,sWng Owner fiki lit ies are in cot?flict with the I- project and are to be adjusted in compliance with IX' DOT'S Utili'ty Accommodation Rules (IJAR). The include instalk-Ition o ' - pro_-Yinmjte�v 375 LF qf 12 _/ ap water line a(#acent to the IH 820 WBFR. The exislitig, fiicilities that are not being removed during construction activities are to be cut, filled ivi//`r grout, capped and abandoned in place. See Exhibit C attached hereto and incorporated herein. Conflict 84 — A(#ustment of(,in c--,wistitig Owner 18"" wasteivater line crossing IH 820 at NTE Utilit), BL AS7_A 693'+71. The emsting Ownei-fiwilities are in conflict with the NTE project and tire to be adjusted in compliance with TxDOT's Utili4,.�Accommodation Rules (UAR). 7-1he o4justedfiicilities will include installation qJ'approXitnuiel)) 48'0 LF qj'24 wastewater line with approximatelyl 452'LF of 36"steel encasenient and 3 manholes. The existing facilities that are not being removed during construction, activities are to he cut, filled with grout, cappled and abandoned in place. See Exhibit D attached hereto, and incorporated herein. 2011-04-11 1 TE UAA A(Divveloper Managed)Final Clean'Version. OCR Texas Department of Transportation Form TxD1OT­CDA-U-35A-DM-NTE Page 3 of 8 Rev. 08/26/10 Conict 85 -A rst r r r , ste c r� r ' � , `r r W STA 693+,69 to R-A 695+20. The existing Oivn r fil cil ties at- n e)nflt ct iviter the NTE h � a �se�r t ard to 41 T _ Accommodation Rsw (UA'#). The at ju st e .tr ilil S 141111 include installt4tion of a )r o x,11 rate LF ql` " a.steivat r litre and a manhole ace t to the.H 820 WBFR. The existing fileilities that (ire r at being removed owed uring construction activities are to, be cut, filled itlth grout, capped and abandoned in place. See Exhibit E attached hereto tin ncorl)otwted herein.; and (b) The .flans, as defined in Paragraph l of the Original Agreement., are hereby amended to add thereto the plans, specifications and cost estimates attached as Exhibits, A-E. (c) The Plans attached hereto as Exhibits A-E. along with this Amendment, shall be submitted upon execution to TxDOT in accordance with Paragraph 2 o f the Original Agreement, and Paragraph 2 shall apply to this Amendment and the Plans attached hereto in the same mariner as if this Anie dnient were the Original Agreemer t. If the Owner claims an Existing Interest for any of the Additional Owner Utilities, documentation with respect to such claim shall be submitted to TxD T as part op this Amendment and the attached.Flans, in accordance Frith,Paragraph 15(a) of the Original Agreement. 1.2 Advajicement of "unds b Owner for Clons me nn 'ns s. (a) Exhibit A of the original Agreement is hereby amended to add for the Additional, Owner Utilities and proposed Adjusti-nent(s) the following information set forth on Exhibits A E 4/r//rR hereto: i all estimated en ireerir and construction-related costs, including labor-, material, e uiFrl ent and other miscellaneous construction items, and (ii) the Owner's and Design-Build Contractor"s, respective cost sharing responsibility for the estimated costs, as more fully described in Section, 1.4 below. The Owner shall advance to the Design-.wild Contractor its allocated share, if any, o f the estimated costs for construction and engineering work to be performed by Design-Build Contractor under this Amendment, in accordance with the following tens; Z� The adjustment of the Owner's �ti II ides does not require advancement op `finds. E] The adjustment o f the Owner's Utilities does require advancement ce ment of funds and the terrlis agreed to between the Design-Build Contractor and Owner are listed below. I-Insert terms of adva n ce fimding to be agreed between Design-Biald Contra ctor an Own r p 01 1- 4-1 1 NTF,UAAA(Developer Managed)Final Clean Ver ion.DOC Texas Department of Transportation Forni TxDOT­CDA-U-35A-DM-NTE Page 4 of'8, Rev. 8/26/1 0 Or r11111 (b) Aqjustment Based on Actual Costs or Agreed Sum. For purposes of Paragraph 7(b�) of the Original Agreement, the following terms apply to the Additional Owner Utilities and proposed,Adjustment. [C,heck-Me one qppi-ol)riale,pi-ovision .,"he Owner is, responsible for its share of the Deli gn-Bttild Contractor's actual cost for,the Adjustment I including any identified Betterment. Accordingly, upon completion of all Adjustment work to be performed by both parties pursuant to this Amendment, (i) the Owner shall pay to the Design-Build Contractor the amount,, if any, by which the actual cost of the Bettennent as determined in Paragraph 9(b)) plus the actual cost of Owners share of the Adjustment (based on the allocation set forth in Exhibits A-,E) exceeds the estimated cost advanced by the Owner, or (ii) the Design-Build Contractor shall refund to the Owner the amount, if any, by which sucl.1 advance exceeds such actual cost, as applicable., The Agreed Sum is the agreed and final amount due for the Adjustment, including any Betterment, under -this Amendl-Tielit Accordingly, no adjustnient (either up or down) Of'SLIch amount shall be made based on actual costs. 1.3 Reimbursement of Owner's Indirect Costs. For purposes of Paragraph 61 of the Original Agreement, the following terms apply, to the Additional, Owner Utilities and proposed Adjustment-. (a) Design-Build Conti-actor agrees to reimburse the Owner its indirect costs (e.g.,, riPPI/Fr" engineering, inspection, testing, ROW) as identified in Exhibits A-E. When requested by the Owner, monthly progress payments will be made. The monthly payment will not exceed 80% of the estimated indirect work done to date. Once the indirect, were is complete, final payment of the eligible indirect costs will be made. biterniediate payments shall not be construed as final payment for any items included in the intermediate payment. (b) I'lie Owner's indirect costs associated with Adjustment of the Owner Utilities shall be developed pursuant to the method checked and desen"bedbelow[check onlY one hox]_- Z (1) Actual related indirect costs accumulated in accordance with, (0 a work order accounting procedure prescribed by the applicable Federal or State regulatory body, or (ii) established accounting procedure developed by the Owner and which the Owner uses in its regular operations or, (2) The agreed sum of$ ("Agreed SLIni") as SLIpl)orted by the analysis, of the Owner's estimated costs attached, hereto as part of Exhibits A-E. 1.4 Responsibility for Costs of Ad] stment Work. For purposes of Paragraph 4 of the Original Agreement, responsibility for the Agreed Sum or Actual Cost., as applicable, of all Adjustment work to be performed pursuant to this Amendment shall be allocated between the Design-Build Contractor and the Owner as identified in Exhibits A hereto and in accordance with §203.092, Texas Transportation Code. Ali allocation percentage may be determined by application of an Eligibility Ratio, if appropriate, as detailed in Exhibits, A-E, provided however, that any portion of an Agreed Sum or Actual Cost attributable to Betterment shall be allocated 100% to the Owner F F or-P- 1 in accordance with Paragraph 9 of the Original Agreement. VIVII, 2011-04-11 NTE UAAA(Developer Managed)Final Cl�ean Version.DOC` Texas Department ofTransportation Form TxDOiT-CI A- 35A- M-1' TE Page 5 of 8 Rev. o� /2 110 10111r1101` 1.5 Betterment. (a) Paragraph 9(b) (Betterment and Salvage) of the original Agreement is hereby amended to add the following[Check the cane boy-that aj) lies, and complete i 'a 'i-opriate] The Adjustment of the Additional owner Utilities, pursuant to the Plans as amended herein, does not include any Betterment. [� The Adjustment of the Additional owner -Utilities, pursuant to the Plans as amended herein, includes Betterment to the Additional Owner Utilities by reason of fin.serl explanation, e.g 14 replacin 12,7 pipe with '1, pipe: The Design-Build Contractor has provided to the Owner comparative estimates for (i)all work to be performed by the Design-Build Contractor pursuant to this Amendment, including work attributable to the Betterment, and (ii) the cost to perform such work without the Betterment, which estimates are hereby approved by the owner. The estimated cost of the Design-:Build C'ontractor's work. under this, Amendment which is atb ibutable to betterment is $ �, calculated by subtracting (ii) from (i . The percentage of the total cost of the Design-Build Contractor's work under this Amendment which is attributable to Betterment is %, calculated by subtracting (ii) from (i)l, which remainder is divided by W. b 1f the above Paragraph 1.5 a identifies Betterment the owner shall advance to the ( g p ( Design-Build Contractor, at least fourteen (14) business days prior,to the date scheduled for con nencement of construction for Adjustment of the Additional Owner Utilities, the estimated cost attributable to Bettennent as set forth in Paragraph 1.5(a) of this Amendment. if the owner fails to advance payment to the .Design-wild Contractor on or before the foregoing deadline, the :Design-Build Contractor shall have the option of commencing and completing (without delay) the Adjustment work without installation of the applicable Betterment. [Check the one a rolariate provision]: F-1 The estimated cost stated in Paragraph 1.5(a) of this Amendment is the agreed and final amount due for Bettennent under this Amendment, and accordingly no adjustment (either up or down) of such amount shall be made based on actual costs.. F-] T"he owner is responsible for the Design-Build Contractor's actual cost for the identified Betterment. Accordingly, upon completion of all Adjustment work to be perfonned by both parties pursuant to this Amendment, (i) the owner shall. pay to the Design-Build, Contractor the amount, if any, by which the actual cost of the Betterment (determined as provided below in this paragraph) exceeds the estimated cost advanced by the Owner, or (ii) the Design-Biuil+d Contractor shall. refund to the owner the amount, if'any, by which such advance exceeds such actual cost, as applicable. Any additional payment by the owner shall be due within sixty(6 01) days after the owner's receipt of the Design-Burild� Contractor's invoice therefor, together with supporting documentation; any refund shall be due within sixty (6 0) days after completion of the Adjustment work under this Amendment. The actual cost of Betterment incurred by the Design-wild Contractor shall be calculated by multiplying (i)the Betterment percentage stated. in Paragraph 1.5(a) of this Amendment, by (ii) the actual cost of all work 201 1-014-1 1 NTE UAAA(Developer Managed)Final Clean ver ion.DOC Texas Department of Transportation Fon­n J`xDOJ"-CDA-U-3 5A- -,NT'E Page 6 of 8 Rev. 08/26/10 perfornied by the Design-Build Contractor pursuant to this Amendment (including work attributable to the Bettennent), as invoiced by the Design-Build Contractor to the Owner. (c) The determinations and calculations of Betterinent described in this Amendment shall exclude right-,of-way acquisition c ►sts., Betterment in connection with right-of-way acquisition is addressed in Paragraph 15 of the Original Agreement. 1.6 Miscellaneous. (a) Owner and Des,ign-Build Contractor agree to refer to this A-men,dment, designated by the "Amendinent No." and '"Agreenient NLIIIIber" 41dicated oti 1.)age I above, on all future correspondence regarding the Adjustment work that is the subject of this Amendment and to track separately, all costs relating to this Ainendment and the Adjustn'ient, work described herein. (b) Unclude ativ other proImsed aniendtnents(illowed by cipplic(ible law. 2. General. (a) All capitalized terms used in this Amendment shall have the mea nings assigned to them in the Original Agreement, except as otherwise stated herein. (b) This Amendment may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original, instrument but all such counterparts together shall cotistitute one and the saine instrument. (c) Except as arnended hereby, 'the Original Agreement shall remain in full force and effect. In no event shall the responsibility, as between the Owner and the Design-Build Contractor, for the preparation of the Plans and the Adjustment of the Owner Utilities be deemed to be amended hereby. (d) This Amendment shall become effective upon the later of(a) the date of signing by the last party (either the Owner, the Design-Build Contractor or the Developer) signing this Aiiiendment, and (b)the completion of TxDOT"s review and approval as indicated by the signature ofTxDOT's representative, below. 2011-04-11 :ATE UAAA(Developer Managed)Firial Clean Version.DOC Texas Department of Transportation Form TxDOT-CDA.-U-35A-DM-NTE Page 7 of 8 Rev. 018/26/10 APPROVED BY,- Design-Build Contractor Developer Bluebonnet Contractors, LC NT E Mobilily Partners LLC Jo B By" Duly Authorized Signature my Authorized Signature Printed Printed Name.- Jose Carlos Esteban Name: /V OF 004 0 Title.- CEO Title: Date: 'r Date: Texas Department of Fran Wortation Owner Citv of Fort Worth By: By: Authorized Signature Duly Authon*zed Representative Printed Printed X Name. 1--oDonald C. Toner Jr. S A Name,-. Fernando Costa 'Title.- Director— Strategic P oj ects,.Row Title: Assistant City Manager Div . Strategic Pr9jects,Dvision i Date. Date-. OFFICIAL RECORD CITY SECRETARY FTs WORTH9 TX ?01 1-04-11 NT F 1 1A A A tDi-vi-1nnt-rMAnqcred1Pine Clpwn r)c)r Texas Department of Transportation Form TxD0T-CDA-U­35A-DM-NTE Page 8 of 8 Rev. 08/26110 FIFF" Recommended for Approval By Printed Name: S. Frank Crumb, P.E. Title-, Director,Waterpepartment Approved as to orm and Legality. B y: Printed Name: Douglas W'. Black Title: Assistant City Attorne Or Attest. By: JEV010450 100, Printed !�!A%QU10 Name: Mary J. Kayser 04�01 0 0 Title: City S 0 0 ecretary 0 01 9 %' OT 0 '010 00 1000*0��oo 4:e Date-, 11/1/11 M&C No. C-25259 [OFFICIAL RECORD OF D" C CITY SECRETARY 7m WORTH9 TX FT 20,11-04-11 NTE IJAAA(Developer Manapred),Finn]Clean V&r6nn,nnc Official site of the City of Fort Worth,Texas, INA'I GENDA FORTWORT11 C CUA COUNCIL ACTION: Approved on 11/11/2011 DATE: 11/1/2011 REFERENCE O. **C-25259 LOG NAME: 60NTEMUAA CODEW- C TYPE: CONSENT PUBLIC NO HEARING,:, SUBJECT: Authorize a Master Utility Adjustment Agreement Between the City of Fort Worth and North Tarrant Express Mobility Partners, Texas Department of'T'ransportation, and Bluebionneit Contractors, LLC, for the North Tarrant Express Highway Expansion, Project (COUNCIL DISTRICT 4) lomwammawmNowwww RECOM ICI ELI DATIOBI: It is recommended that the City Council authorize execution of an Agreement with North Tarrant Express Mobility Partners, Texas Department of Transportation, and Bluebonnet Contractors, LLC, for the relocation of approximately 714 linear feet of 36-inch water main at the Beach Street and I1-1- 2 intersection, within the general NE Loop 8201, from IH-35W to Southwestern Railroad (DART or 1700 feet East of State Highway 377) (NT E Segment 1-TXDOT'CSJ No. C-00018-14-059) project limits, at no cost to the City of Fort Worth. DISCUSSION: The purpose of this M&C is, to enter into a Master Utility Adjustment Agreement(MUD)with North Tarrant Express Mobility Partners: (NTEMP), Texas Department of Transportation (TXDOT) and Bluebonnet Contractors,, LLC, for the relocation of approximately 7114, linear feet of 36 inch water main along the Beach Street and Interstate Highway 820 intersection, part of North Tarrant Express (NTH)Segment 1. NNE Segment 1 consists of improvements along NE Loop 8,20, from Interstate Highway 35 to Southwestern Railroad (DART or 1700 feet East,of State Highway 377)1. NTT consists of a 10 year Agreement between TXDOT and NTEMP to identify and construct proposed highway improvements to portions of Interstate Highway 35W, State Highway 183 and Interstate Highway 820 in northern and eastern Tarrant County. NTEMP has hired, Bluebonnet Contractors,, LLC, a design builld contractor, to facilitate design and construction of the highway improvements as well as the necessary utility relocations. Design and construction relocation costs for this MUAA will be 100 percent funded by Bluebonnet Contractors, LLC. The project limits for N,TE, Segment 1 will include the relocation of additional,water and sanitary sewer mains, which will, be designed and constructed through future Utility Adjustment ,Agreement Amendments (UAAAs). Such locations include:� 1. Interstate Highway 820 (East and West Bound) service road,from Riverside Drip re to Beach Street (water and sanitary sewer) 2. Intersection of Interstate Highway 820 and Riverside Drive (sanitary,sewer only) 3. Intersection of Interstate Highway 820 and Big Fossil Creek(sanitary sewer only) 4. Intersection of Interstate Highway 35W'and Fossil Creek Drive (water only) 5. Intersection of Interstate Highway 35W and Melody Hills, Lane (water only) This project is located in COUNCIL DISTRICT 4, Mapsco 499, H and 50A, E and H. liffn-Hnninc pftyu"Pt nrcy/onimo;'ll no*%9Tn-1 4AACA -A.3-A.--- 11 .0 NOW FISCAL INFORNIATIONXERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fu d/Account/Centers FROM' Fund/Account/Centers Submitted' for Cif y Manaaer's,Offi Fernando Costa (6 122) OrwIg ire at'I'ng,..,De. irtment Head,.,. S. Frank Crumb (8207) Additional Information Contact.: John Kasavich (8480) ATTACHMENTS 60NTElVlUAA.Map.pdf ni'd M*AA-#Mf-IMO rp'tApixt rfiarr y.+rtxrar Form ROW Reap.9113/07 Replaces Forms D-1 5-24A and D-1 5-80A GSD-arc Page 1 of 2 UTILITY JOIN�T USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT U-Numb�er: 20-U-0506-0002 District.- Forth worth Highway.- IH 35 IH 820 County: Tarrant WHEREAS, the State of Texas, "State"), acting by and through the Texas Department of Transportation "TxDOT'T proposes to make certain highw auy improvements on that section of the above-indicated highway,ay and WHEREAS, city of Fort Worth, ("Utility"), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideratioln of the covenants and acknowledgements, herein contained, the parties rnutuailly agree as followers: It is agreed that joint usage for both highway and utility purposes will be grade of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or; fetches, Nothing in this Acknowledgement shall serve to modify or extinguish any compensable property interest welted in the Utility within the above described area. If the facilities shown in the aforementioned plans need to be altered or modified or new facilities constructed to either accommodate the proposed highway improvements or as part of Utility s, future proposed changes to its own facilities, Utility agrees to notify TxDOT at least 30 days prior thereto, and to furnish necessary plans showering location and type of construction, unless an emergency situation occurs and immediate action is required.. If an emergency situation occurs and immediate action is required', Utility agrees to notify TxDOT promptly. If such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements, or could endanger the traveling public using said highway,, TxDiOT shall have the right, after receipt of such notice,, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway. Such regulations shall not extend, however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of the area of jolint usage above described. If Utility's facilities are located along a controlled access hi lhww aay, Utility agrees that ingress and' egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. where supports, manholes or other appurtenances of the Utility's facilities are located in medians or interchange areas, access from the through-traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth the conditions for policing and other controls to protect highway users. In an emergency ,situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Utility shall have a! temporary right of access to and from the through traffic roadways and' ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic. Except as expressly provided herein, the Utility's rights of access to the through-traffic roadways and/or ramp shall be subject to the sane rules and regulations as apply to the general public. If Utility's facilities are located along a non-controlled access highway, the Utility's rights of ingress and egress to the through-traffic roadways and/or ramps are subject to the same rules and regulations as appily to the general public. 0"' 4, D Initial Participation in actual costs incurred by the Ut*ll*lty for any future adjustment, removal or relocation of utility facilities required by highway con5tru, ction shall be in accordance with applicable laws of the State of'Texas... It its expressly understood that Utility conducts the new installation,, adjustment, removal, ►nd/or relocation at its own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its right of way. The Utility and the State, b'r execution of this Acknowledgement , do not waive or reliinquish any right that they may have under the law. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented,. IN WITNESS WHEREOF,the parties hereto have affixed their signatures. Owner: "ell City of'Fort Worth Uti ity arne By: Authorized Signature Printed Name: S.Frank Crumb, P.E. Title: Director,Water Department Date- orr/rl/ The State of Texas Executed and approved for the Texas Transportation Coninlissioll for the purpose and effect of activating, and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Comrnission. By: onald C.Toner Jr. SW Tid Director-Strategic Prqjects Right of Way Strategic PrQj�ects Division Texas Department of Transportation OFFICIAL RECORD FICIA1 D ci'Ty SECRETARY , p I T IL Date: 's , LFTa VK)R Initial Date