HomeMy WebLinkAboutContract 46317 CITY RECRETARY
CONTRACT NO-
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
UTILITY ADJUSTMENT AGREEMENT
THIS AGREEMENT, by and between Tri-County Electric Cooperative, Inc. and
the City of Fort Worth, hereinafter respectfully referred to as "TCEC" and "CITY",
is as follows:
WHEREAS, the CITY proposes to make certain improvements to its Caylor 5MG
Ground Storage Tank facility; and,
WHEREAS, TCEC proposes to retain, locate, relocate, adjust, improve certain of
its electrical distribution facilities and retain title to any property rights and/or
easements it may have adjacent, along, over, under and across or within such
limits of the roadway right-of-way; and,
WHEREAS, the CITY has notified TCEC that certain of its facilities and
appurtenances are in locational conflict with the CITY's improvements and CITY
has requested that TCEC undertake the necessary and mutually agreed to
adjustment(s) to accommodate the CITY; and,
WHEREAS, TCEC recognizes that time is of the essence in completing the work
and adjustments contemplated herein; and,
WHEREAS, the CITY and TCEC desire to implement the adjustments and work
of TCEC by entering into this AGREEMENT; and,
NOW, THEREFORE, in consideration of these premises and of the mutual
covenants and agreements of the parties hereto and other good and valuable
consideration, the receipt and sufficiency of which is being hereby acknowledged,
the CITY and TCEC agree as follows:
1. TCEC hereby agrees to perform its construction and work necessary to
adjust its facilities in good and workmanlike manner. TCEC agrees to
coordinate its work with the CITY and CITY's general contractor.
2. TCEC may utilizes its own employees or may retain and use such
contractor or contractors as are necessary to make its adjustments.
3. TCEC will obtain all necessary permits for the construction to be
performed by TCEC and CITY will cooperate with TCEC in the process as
needed.
4. CITY or CITY's designee will expeditiously stake the survey of the
proposed locations of the areas needed by TCEC, clear the planned
construction area(s), place the work area to final grade and cooperate with
TCEC as survey stakes are requested.
5. TCEC will relocate and/or adjust its facilities currently located in CITY
right-of-way, if not covered by an easement, in like kind, at TCEC's
expense, unless CITY requests TCEC to place overhead facilities
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underground, in private easements granted to TCEC. CITY shall grant
TCEC easement(s) for TCEC's facilities located on the City's private
property.
6. CITY or CITY's designee will make payment to TCEC in the amount of
$13,401.94 for the adjustment of its facilities currently covered by private
easement(s) prior to TCEC commencing its work or ordering any material
for the placement of the existing overhead or aerial electric lines
underground with associated appurtenances. Said payment is non-
refundable.
7. TCEC will provide CITY's general contractor with an invoice for the
amount due in item 6 above.
8. Both parties hereto this AGREEMENT shall retain ownership of its
facilities at all times.
9. This AGREEMENT does not in any way and shall not be construed to
create a principal/agent or joint venture relationship between the parties
hereto and under no circumstances shall the CITY or TCEC be considered
as or represent itself to be an agent of the other.
10.This AGREEMENT embodies the entire agreement between the parties
and there are no oral or written agreements between the parties or any
representations made which are not expressly set forth herein.
11. Time is of the essence in the performance of this AGREEMENT. Neither
the CITY nor TCEC shall be liable to the other for any delay in
performance under this AGREEMENT from any cause beyond its control
and without its fault or negligence, such as acts of God, acts of civil or
military authority, fire, earthquake, strike, unusually severe weather,
floods.
12.The CITY and TCEC each represents and warrants to the other party that
warranting party possesses the legal authority to enter in to this
AGREEMENT to exercise that authority and to lawfully authorize its
undersigned signatory to execute that AGREEMENT and to bind such
party to its terms.
13.The parties acknowledge that the timely completion of the contemplated
work will be influenced by the ability of TCEC, and its contractors and the
CITY to coordinate their activities, communicate with each other, and
respond promptly to reasonable requests.
14.This AGREEMENT may be executed in counterparts and each counterpart
hereof will be deemed to be an original instrument but all such
counterparts together will constitute one and the same instrument.
15.This AGREEMENT shall become effective upon the later of the date of
signing by the last party, either TCEC or CITY, signing this AGREEMENT.
16. Any trenching and/or electric conduit installation done by the City's
general contractor for TCEC is subject to TCEC's specifications,
inspection, & acceptance prior to TCEC installing its electric cables within
the trench/conduit(s). TCEC shall own any conduit(s) installed by the City
for TCEC.
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures:
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
By: [D• „Q �`"�
Title: AX/Ar/2-
Print Name: SGv`T` ID. /.S,q. 1,34ct+
Date: zo - 20 l�
CITY OF FORT WORTTHH� /
Title: Assistant City Manager
Print Name: Fernando Costa
Date:
RECOMMENDED BY:
Andrew T. Cronberg, PE
a ment
Interim Director, Water Dep
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Douglas W. Black ary J. Kay
Assistant City Attorney City Secretary
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