HomeMy WebLinkAboutContract 42865-A2 CITY SECRETARY
CONTRACT NO.
Texas
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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
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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