HomeMy WebLinkAboutContract 41641 (2)CITY SECRETARY
CONTRACT NO‘„, SECRETARY,
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MASTER UTILITY ADJUSTMENT AGREEMENT
THIS AGREEMENT, by and between the City of Fort Worth, Texas, hereinafter identified as the
"City", and Southwestern Bell Telephone Company, d/b/a AT&T Texas, hereinafter identified as the
"AT&T", is as follows:
WITNESSETH
WHEREAS, the City, acting in conjunction with the United States Army Corp of Engineers ("COE") and
the Tarrant Regional Water District ("TRWD"), is undertaking a flood control, transportation, and public
improvement project within the area depicted on Exhibit 1, attached hereto, known as the Trinity River
Vision Project (the "Project"); and
WHEREAS, the City has notified the AT&T that certain of its facilities and appurtenances (the "AT&T
Utilities") are in locational conflict with the Project, and the City has requested that the AT&T undertake
the adjustment of the AT&T Utilities as necessary to accommodate the Project; and
WHEREAS, the specific AT&T Utilities and the specific proposed adjustments to the AT&T Utilities
will be identified and described in a series of Utility Adjustment Agreement Schedules to this Master
Agreement ("Adjustment Schedules"), in the form attached hereto as Exhibit 4 (attached hereto), to be
prepared by AT&T after Plans therefor have been prepared in accordance with this Agreement and agreed
to in writing by the City, the Trinity River Vision Authority ("TRVA"), and AT&T (each an
"Adjustment"); and
WHEREAS, the AT&T recognizes that time is of the essence in completing the work contemplated
herein; and
WHEREAS, the City and the AT&T desire to implement the Adjustments by entering into this
Agreement for all AT&T Utilities and a separate Adjustment Schedules for each Utility Adjustment.
AGREEMENT
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 being
hereby acknowledged, the City and the AT&T agree as follows:
1. Agreement to Adiust Facilities. AT&T hereby agrees to perform such Adjustments as are
necessary to accommodate the Project, as set forth in the Adjustment Schedules, and AT&T and
the City hereby agree to participate in the costs of such Adjustments as set forth herein. For
purposes of this Agreement, an Adjustment shall be deemed necessary to accommodate the
Project if the AT&T Facilities to be adjusted are wholly or partially within the area depicted on
Exhibit 1, and the Adjustment work is requested by the City, COE or TRVA in order to
accommodate any of the construction or improvements described in Exhibit 2, attached hereto, or
any subsequent materials or documents produced or disseminated by the Trinity River Vision
Authority, the City, COE or TRVA in connection with the Trinity River Vision Project. Without
limiting the foregoing, the parties agree that the Adjustments set forth on Exhibit 3 are necessary
to accommodate the Project and are included within this Agreement.
2. Preparation of Plans. For each Adjustment that is to be accomplished hereunder, AT&T will
prepare an Adjustment Schedule that will identify the necessary adjustment and provide the
��-drawings, pIans, re'quired specifications, and cost estimates for the proposed Adjustment
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
(collectively, the "Plans"). The Plans will specifically identify any Betterments (as defined in
Section 9 hereof) to be undertaken as part of such Adjustment. City will review and approve
the Plans prior to commencement of such Adjustment.
3. Review by COE and TRVA The City will submit each Adjustment Schedule and all
corresponding Plans to COE and TRVA for their review and approval. The parties will exercise
best efforts to modify any Plans as necessary to address any comments made by COE or TRVA
thereon.
4. Design and Construction Standards. All design and construction performed for the Adjustment
work which is the subject of this Agreement shall comply with and conform to the following:
(a) All applicable local, state and federal laws, regulations, decrees, ordinances and policies;
(b) The terms of all governmental permits or other approvals, as well as any private
approvals of third parties necessary for such work; and
(c) The standard specifications, standards of practice, and construction methods (collectively,
standards") which the AT&T customarily applies to facilities comparable to the AT&T
Utilities that are constructed by the AT&T or for the AT&T by its contractors at the
AT&T's expense, which standards are current at the time this Agreement is signed by the
AT&T, and which the AT&T has submitted to the City in writing.
Such design and construction also shall be consistent and compatible with (i) the current design
and construction of the Project and (ii) any other utilities being installed in the same vicinity
5. Construction by the AT&T; Scheduling.
(a) AT&T shall perform the construction necessary to adjust the AT&T Utilities. All
construction work hereunder shall be performed in a good and workmanlike manner, and
in accordance with the Plans AT&T agrees that during the Adjustment of the Utility
AT&T and its contractors will coordinate their work with the City so as not to interfere
with the performance of work on the Project by the City or by any other party.
`Interfere' means any action or inaction that interrupts, interferes delays or damages
Project work.
(b) AT&T may utilize its own employees or may retain such contractor or contractors as are
necessary to Adjust the AT&T Utilities If the Adjustment of the Utility is undertaken by
AT&T's contractor under a competitive bidding process, all bidding and contracting shall
be conducted in accordance with all federal and state laws and regulations apphcable to
the AT&T and the Project.
(c) AT&T shall obtain all permits necessary for the construction to be performed by the
AT&T hereunder, and the City shall cooperate in that process as needed.
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(d) AT&T shall commence its construction for Adjustment of each AT&T Utility hereunder
promptly after (i) receiving written approval of the Plans from the City, COE and TRVA;
(ii) receiving written notice to proceed therewith from the City and (ii) any right of way
necessary for such Adjustment has been acquired either by the City (for Adjustments
located within the right of way) or by the AT&T (for Adjustments located outside of the
right of way), or a right -of -entry permitting AT&T's construction has been obtained from
the land owner by the City or by the AT&T with the City's prior approval.
(e) AT&T shall use best efforts to complete each Adjustment on or before the time set forth
in the applicable Adjustment Schedule.
6. City Resnonsibilitv for Costs of Work.
(a) With the exception of any Betterment (hereinafter defined), the parties shall equally share
the cost of any Adjustment between themselves, except to the extent that the Utility is located
outside of the public right-of-way on a compensable property interest, in which case City shall
bear all the costs of that portion of the Adjustment All costs charged to the City by AT&T shall
be reasonable and shall be computed using rates and schedules not exceeding those applicable to
the similar work performed by or for AT&T at AT&T's expense. The costs paid by the City
pursuant to this Agreement shall be full compensation to AT&T for all costs incurred by AT&T
in Adjusting the AT&T Utilities (including without limitation costs of relinquishing and/or
acquiring right of way).
(b) In the event that, in order to accommodate the Project, AT&T is required by the City to
relocate facilities previously adjusted pursuant to Plans approved by the City in accordance with
this Agreement, the City shall be responsible for one hundred percent (100%) of the costs of any
subsequent Adjustment.
7. Costs of the Work. AT&T's costs for Adjustment of the AT&T Utilities shall be derived from
(i) the accumulated total of costs incurred by the AT&T for design and construction of such
Adjustment, including without limitation the eligible engineering costs incurred by the AT&T for
design of the Adjustment prior to execution of this Agreement, plus (ii) the AT&T's other related
costs (including AT&T's corporate overhead loadings), plus (iii) AT&T's right of way
acquisition costs, if any, which are reimbursable pursuant to Paragraph 13.
8. BillinE. Payment, Records and Audits.
(a) Each Adjustment Schedule shall include an estimate of the costs to be incurred by AT&T
in accomplishing the Adjustment covered by the Adjustment Schedule. The estimated
cost shall be a good faith estimate of approximate costs, and the actual costs incurred by
AT&T in accomplishing the Adjustment may be higher The estimated cost is subject to
change due to any number of factors including, but not limited to, changing conditions in
the field, weather delays, changes in AT&T's labor materials or contractor costs, or
changes in the scope of the work.
(b) Upon execution of each Adjustment Schedule, City shall pay to AT&T its share of the
estimated costs of the Adjustment covered by the Adjustment Schedule. Upon
completion of the Adjustment covered by the Adjustment Schedule, AT&T shall
calculate its actual costs of the Adjustment. In the event that the actual costs of the
Adjustment exceed the estimated cost, the City shall pay its share of the excess within
forty-five (45) days of receipt of an invoice for such excess In the event that the actual
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costs of the Adjustment are less than the estimated cost, AT&T shall refund to the City
the City's share of the difference within forty-five days of the calculation.
(c) AT&T shall maintain complete and accurate cost records for all work performed pursuant
to this Agreement and each Adjustment Schedule. AT&T shall maintain such records for
four (4) years after receipt of final payment hereunder. The City and its representatives
shall be allowed to audit such records during the AT&T s regular business hours. The
parties shall mutually agree upon (and shall promptly implement by payment or refund,
as applicable) any financial adjustment found necessary by the City's audit.
(d) In the that, after approval of the City of AT&T's Plans for an Adjustment, including the
cost estimate for the Adjustment, AT&T determines or anticipates that the actual costs
may exceed the estimated cost by more than five percent (5%) AT&T will notify the
City of the increased costs, and request the City's approval for the increased costs. In the
event the City refuses to approve the increased costs, AT&T may cease work on the
project until an agreement is reached
9. Betterment.
(a) For purposes of this Agreement, the term "Betterment" means any upgrading of an
AT&T Utility being Adjusted that is not attributable to the construction of the Project
and is made solely for the benefit of and at the election of AT&T, including but not
limited to an increase in the capacity, capability, efficiency or function of the Adjusted
Utility over that provided by the existing Utility facility or an expansion of the existing
Utility facility; provided, however, that the following ate not considered Betterments:
any upgrading which is required for accommodation of the Facility;
replacement devices or materials that are of equivalent standards although not
identical;
(iii) replacement of devices or materials no longer regularly manufactured with the
next highest grade or size;
(iv) any upgrading required by applicable laws, regulations or ordinances;
(v) replacement devices or materials which are used for reasons of economy (e g ,
non -stocked items may be uneconomical to purchase);
(vi) any upgrading required by AT&T's written "standards" meeting the requirements
of Paragraph 3(c) or
(vii) any discretionary decision by AT&T that is contemplated within a particular
standard described in clause (vi) above.
This provision applies for fiber optic AT&T Utilities only: Extension of an Adjustment to
the nearest splice boxes shall not be considered a Betterment if required by the AT&T in
order to maintain its written telephony standards.
Any upgrading required by the AT&T s written "standards" meeting the requirements of
Paragraph 3(c) shall be deemed to be of direct benefit to the Project.
(b) It is understood and agreed that the City will not pay for any Betterments and that the
AT&T shall not be entitled to payment therefor. No Betterment may be performed in
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connection with the Adjustment of the AT&T Utilities which is incompatible with the
Project or which cannot be performed within the other constraints of applicable law, any
applicable governmental approvals including without limitation the scheduling
requirements thereunder. Accordingly, AT&T will certify to one of the following
statements regarding betterments on any Adjustment Schedule made hereunder:
1. The Adjustment of the AT&T Utilities pursuant to the Plans does not include
any Betterment.
2. The Adjustment of the AT&T Utilities pursuant to the Plans includes
Betterment to the AT&T Utilities by reason of [insert explanation, e g.
' replacing 12" pipe with 24 ' pipe]: . AT&T has provided to the City
comparative estimates for (i) all costs for work to be performed by AT&T
pursuant to this Agreement, including work attributable to the Betterment,
and (ii) the cost to perform such work without the Betterment which
estimates are hereby approved by the City. The estimated amount of the
AT&T's costs for work hereunder which is attributable to Betterment is
$ , calculated by subtracting (ii) from (i). The percentage of the total
cost of the AT&T's work hereunder which is attributable to Betterment is
% calculated by subtracting (ii) from (i), which remainder shall be
divided by (i).
(c) If any Adjustment includes a Betterment, then AT&T is responsible for the actual cost of
the identified Betterment, determined by multiplying (a) the Betterment percentage stated
in Paragraph 9(b) by (b) the actual cost of all work performed by the AT&T pursuant to
the applicable Adjustment Schedule (including work attributable to the Betterment). The
final invoice submitted pursuant to Paragraph 8(b) shall deduct the actual cost of the
identified Betterment.
10. Salvage For any Adjustment from which AT&T recovers any materials and/or parts and retains
or sells the same, after application of any applicable Betterment credit, the City is entitled to a
credit for the salvage value of such materials and/or parts The final invoice submitted pursuant
to Paragraph 8(b) shall deduct the full salvage value.
11. Utility Investigations In performing the Adjustment, AT&T shall comply with the notification
and locate process established under the Underground Facility Damage Prevention and Safety
Act, Ch. 251, Texas Utilities Code (the "One -Call Statute") If the horizontal markings provided
in response to AT&T's compliance with the One -Call Statute indicate a potential conflict, AT&T
shall take all additional actions that may be necessary to physically locate the conflicting facilities
and may be impacted by the Project In performing any excavation activities in connection with
the Project, the City shall comply with the notification and locate process established under the
Underground Facility Damage Prevention and Safety Act Ch 251, Texas Utilities Code (the
`One -Call Statute') If the horizontal markings provided in response to the City s compliance
with the One -Call Statute indicate a potential conflict, the City shall take all additional actions
that may be necessary to physically locate the conflicting facilities and may be impacted by the
Project.
12. Inspection and Ownership of AT&T Utilities.
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(a) The City shall have the right, at its own expense, to inspect the Adjustment work
performed by the AT&T or its contractors, during and upon completion of construction to
ensure that such work is being undertaken in accordance the Plans and all applicable legal
requirements. All inspections of work shall be completed and any comment provided
within five (5) business days after request for inspection is received Each Adjustment
shall be deemed completed once the City has certified in writing that the Adjustment has
been completed in accordance with the Plans and all applicable legal requirements, which
certification shall not unreasonably be delayed or withheld.
(b) AT&T shall accept full responsibility for all future repairs and maintenance of said
AT&T Utilities In no event shall the City become responsible for making any repairs or
maintenance, or for discharging the cost of same. The provisions of this Paragraph 12(b)
shall not limit any rights which AT&T may have against the City if the City damages any
AT&T Utility as a result of its Project activities.
13. Real Property Interests.
(a) Upon execution of any Adjustment Schedule, AT&T shall promptly provide to the City
documentation acceptable to the City indicating any right, title or interest in real property
claimed by AT&T (excluding any legal right to use the public rights -of -way) with respect
to the AT&T Utilities covered by the Adjustment Schedule in their existing location(s)
("Existing Interests").
(b) If acquisition of any new easement or other interest in real property ("New Interest") is
necessary for the Adjustment of any AT&T Utilities, then the City shall be responsible
for undertaking such acquisition. The City shall implement each acquisition hereunder
expeditiously so that related Adjustment construction can proceed in accordance with the
City's Project schedules. The City shall be responsible for the actual and reasonable
acquisition costs of any such New Interest (including without limitation the AT&T's
reasonable overhead charges and legal costs as well as compensation paid to the
landowner), excluding any costs attributable to Betterment as described in Paragraph 9.
(c) The City shall be responsible only for replacement in kind of an Existing Interest (e.g., as
to width and type), unless a New Interest exceeding such standard (i) is required in order
to accommodate the Project or by compliance with applicable law, or (ii) is called for by
the City in the interest of overall Project economy Any New Interest which is not City's
cost responsibility pursuant to the preceding sentence shall be considered a Betterment to
the extent that it upgrades the Existing Interest which it replaces or in its entirety if the
related AT&T Utility was not installed pursuant to an Existing Interest. Betterment costs
shall be solely the AT&T's responsibility.
(d) For each Existing Interest located within the final Project limits upon completion of the
related Adjustment work, AT&T agrees to execute a quitclaim deed of other appropriate
documentation relinquishing such Existing Interest to the City, unless the affected AT&T
Utility is remaining in its original location or is being reinstalled in a new location within
the area subject to such Existing Interest. For each such Existing Interest relinquished by
AT&T the City shall do one of the following to compensate AT&T for such Existing
Interest, as appropriate:
(i)
If the City acquires a New Interest for the affected AT&T Utility on AT&T's
behalf, the City shall be responsible for the acquisition costs in accordance with
Paragraph 13(b) and 13(c) of this section; or
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(ii) If the AT&T does not require a New Interest for the affected AT&T Utility, the
City shall compensate AT&T for the fair market value of such relinquished
Existing Interest, as mutually agreed between AT&T and the City.
The compensation provided to AT&T pursuant to either subparagraph (i) or subparagraph
(ii) above shall constitute complete compensation to the AT&T for the relinquished
Existing Interest and no further compensation shall be due to the AT&T from the City on
account of such Existing Interest.
14. Amendments and Modifications. This Agreement cannot be amended, modified or revised
unless done in writing and signed by City and AT&T. No provision may be waived except in
a writing signed by both parties. The failure by a party to enforce any provision of this Agreement
or to require performance by the other party will not be construed to be a waiver, or in any way
affect the right of either party to enforce such provision thereafter.
15. Relationship of the Parties. 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 AT&T or the City be considered as or represent itself to be an agent of the
other.
16. Entire Agreement. This Agreement, including any Adjustment Schedule s to be executed
pursuant to 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.
17. Assignment; Binding Effect. Neither the AT&T nor the City may assign any of its rights or
delegate any of its duties under this Agreement without the prior written consent of the other
party, which consent may not be unreasonably withheld or delayed.
This Agreement shall bind the AT&T, the City, and their successors and permitted assigns, and
nothing in this Agreement nor in any approval subsequently provided by either party hereto shall
be construed as giving any benefits, rights remedies, or claims to any other person, firm,
corporation or other entity, including, without limitation, any contractor or other party retained
for the Adjustment work or the public in general.
18. Traffic Control. Before undertaking any work on an Adjustment in a public right-of-way,
AT&T must obtain a permit from the City for such work. In order to receive the permit, AT&T
shall submit a traffic control plan acceptable to the City's Traffic Engineer and in compliance
with the requirements of the Texas Manual on Uniform Traffic Control Devices that outlines how
the general public as well as AT&T workers and subcontractors will be protected while work on
the Adjustment is being undertaken. Betterment percentages calculated in Paragraph 9 shall also
apply to traffic control costs.
19. Notices. Except as otherwise expressly provided in this Agreement, all notices or
communications pursuant to this Agreement shall be sent or delivered to the following*
AT&T:
JoAnne Wilson
Director — Construction and Engineering
308 South Akard, 10th Floor
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The City:
Dallas, Texas 75202
Phone: 214-745-3888
Fax: 214-745-3878
Mark Rauscher, Program Manager
Program Management Office
1000 Throckmorton City Hall
Fort Worth, TX 76102
Phone: 817-392-2446
Fax: 817-392-2330
Any notice or demand required herein shall be given (a) personally, (b) by certified or registered
mail, postage prepaid, return receipt requested, (c) by confirmed fax, or (d) by reliable messenger
or overnight courier to the appropriate address set forth above. Any notice served personally
shall be deemed delivered upon receipt, served by facsimile transmission shall be deem delivered
on the date of receipt as shown on the received facsimile, and served by certified or registered
mail or by reliable messenger or overnight courier shall be deemed delivered on the date of
receipt as shown on the addressee's registry or certification of receipt or on the date receipt is
refused as shown on the records or manifest of the U.S. Postal Service or such courier. Either
party may from time to time designate any other person or address for this purpose by written
notice to the other party.
20. Annrovals. Any acceptance, approval, or any other hke action (collectively "Approval")
required or permitted to be given by either the City or AT&T pursuant to this Agreement:
(a) Must be in writing to be effective (except if deemed granted pursuant hereto), and
(b) Shall not be unreasonably withheld or delayed; and if Approval is withheld, such
withholding shall be in writing and shall state with specificity the reason for withholding
such Approval, and every effort shall be made to identify with as much detail as possible
what changes are required for Approval.
21. Time; Force Maieure.
(a) Time is of the essence in the performance of this Agreement.
(b) All references to "days" herein shall be construed to refer to calendar days, unless
otherwise stated.
(c) Neither AT&T nor the City 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
( `Force Majeure"), such as acts of God, acts of civil or military authority, fire,
earthquake, strike, unusually severe weather, floods or power blackouts If any such event
of Force Majeure occurs, AT&T agrees, if requested by the City, to accelerate its efforts
hereunder if reasonably feasible in order to regain lost time, so long as the City agrees to
reimburse AT&T for such reasonable and actual costs of such efforts.
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22. Governmental Powers Not Waived by City. By entering into this Agreement, the City does not
waive any of its governmental powers or immunities; provided, however that the City
acknowledges that, pursuant to §271.151 et seq. of the Texas Local Government Code, the City
has waived sovereign immunity to suit for the purpose of adjudicating a claim for breach of this
Agreement, subject to the terms and conditions of that subchapter.
23. No Third Party Rights. This Agreement is solely for the benefit of the parties hereto and is not
intended to create or grant any rights, contractual or otherwise, to any other person or entity.
24. Venue. Venue for any action under this Agreement shall lie in state courts located in Tarrant
County, Texas or the United States Court for the Northern District of Texas — Fort Worth
Division.
25. Continuing Performance. In the event of a dispute AT&T and the City agree to continue their
respective performance hereunder to the extent feasible in light of the dispute, including paying
billings, and such continuation of efforts and payment of billings shall not be construed as a
waiver of any legal right.
26. Authority. AT&T and the City each represents and warrants to the other party that the
warranting party possesses the legal authority to enter into this Agreement and that it has taken all
actions necessary to exercise that authority and to lawfully authorize its undersigned signatory to
execute this Agreement and to bind such party to its terms. Each person executing this
Agreement on behalf of a party warrants that he or she is duly authorized to enter into this
Agreement on behalf of such party and to bind it to the terms hereof
27. Cooperation. The parties acknowledge that the timely completion of the Project will be
influenced by the ability of AT&T (and its contractors) and the City to coordinate their activities,
communicate with each other, and respond promptly to reasonable requests. Subject to the terms
and conditions of this Agreement, AT&T and the City agree to take all steps reasonably required
to coordinate their respective duties hereunder in a manner consistent with the City's current and
future construction schedules for the Project. The AT&T further agrees to require its contractors
to coordinate their respective work hereunder with the City.
28. Termination If the Project is canceled or modified so as to eliminate the necessity of the
Adjustment work described herein then the City shall notify the AT&T in writing and the City
may terminate this Agreement. Upon such termination, the parties shall negotiate in good faith
an amendment that shall provide mutually acceptable terms and conditions for handling the
respective rights and liabilities of the parties relating to such termination.
29. Captions. The captions and headings of the various paragraphs of this Agreement are for
convenience and identification only, and shall not be deemed to limit or define the contest of their
respective paragraphs
30. Counterparts. This Agreement 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 constitute one and the same instrument.
31. Effective Date. This Agreement shall become effective upon the date of signing by the last party
(either the AT&T or the City) signing this Agreement.
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32. Limitation of Liability. NOTWITHSTANDING ANY PROVISION OF THIS
AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE
OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE
OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING,
BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS OR OF ANY OTHER THIRD
PARTIES, OCCASIONED BY ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT
LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR
STRICT LIABILITY.
CITY
CITY OF FORT WORTH, TEXAS
By:
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AT&T
SOUTHWESTERN BELL TELEPHONE
COMPANY
lAsuly Authorized Representative
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Duly Authorized Representative By: � //Mei�bl /��(
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Date: 3/281/,
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Attested by:
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OFFICIAL RECORD
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EXHIBIT 2
Description of the Project
Accommodate any of the construction or improvements described as part of the Central City Project
generally described as listed below:
1. US Army Corps of Engineers Bypass Channel — a 1.5-mile-long bypass channel that will be
constructed to redirect flood waters around the low lying area near downtown. This project will
include: removal of the current levee systems, construction of a new channel with related levees,
construction of flood gates and construction of a dam and lock at Samuels Avenue.
2. City of Fort Worth Bridge and Roadway projects located on Henderson Street, White Settlement
Road and Main Street. Improvements at each of the street locations include but are not limited to
the following:
a. New bridge construction at the US Army Corps of Engineers bypass channel
b. Roadway construction at each end of the bridges with transition back to existing road
c. Related retaining wall construction
d. Access road construction where needed
e. Temporary paving for detours
f. Intersection and signalization improvements
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EXHIBIT 3
Adjustments Necessary to Accommodate the Project
Henderson Street (SH 199)
At the time of this agreement, advanced (60-70% complete) plans for Henderson Street have been used to
establish utility impacts. AT&T will place a new underground cable that will cross Henderson at Cullen
Street, then proceed aerial on Oncor poles to the west along the north right of way of Cullen to the
western limit of the project. A new aerial cable will be placed across Henderson at existing White
Settlement to maintain service to customers on the east end of project. Existing facilities will be
abandoned and/or removed within the channel footprint. Abandonments and/or removals will be designed
and completed in accordance to the FWCC Bypass Channel Design Guidelines.
Main Street (Bus 287)
At the time of this agreement, preliminary plans for Main Street have been used to establish utility
impacts AT&T will reroute existing manholes, ducts and cable/fiber facilities out of the Main Street
corridor. AT&T will begin this reroute at Main and 7th and proceed east on 7th to Commerce Street
turning north on Commerce and continue north crossing the proposed by-pass channel to N. 10th Street
At N. 10th street, turn southwest along the old FWWRR right of way to Main AT&T will tie to the
existing alignment at Main and FWWRR
AT&T will abandon and/or remove existing facilities from the channel footprint in the following Streets:
Throckmorton, Houston Refinery, Main, Commerce and Calhoun. Abandonments and/or removals will
be designed and completed in accordance to the FWCC Bypass Channel Design Guidelines.
White Settlement Road
At the time of this agreement preliminary plans for White Settlement Street have been used to establish
utility impacts. AT&T will reroute existing cable/fiber facilities out of the White Settlement Rd. (WS)
corridor. AT&T will begin this reroute at WS and Commercial and proceed south on Commercial to
Kansas St. AT&T will continue west on Kansas and crossing the proposed by-pass channel to Harold
Street. AT&T will tie in to existing system at Harold and 7th St.
AT&T will construct new aerial and underground facilities north and south of the new retaining walls
from Vacek St. to Rupert St. to maintain services to properties adjacent to the roadway project.
AT&T will relocate existing repeater terminal (RT) presently located along Kansas St. within the channel
footprint near Arthur St. The new RT will be placed off the street right of way near the southwest corner
of Kansas St. and Commercial St.
AT&T will abandon and/or remove existing facilities from the channel footprint in the following Streets:
Kansas, Greenleaf, Arthur and White Settlement. Abandonments and/or removals will be designed and
completed in accordance to the FWCC Bypass Channel Design Guidelines.
Note: Notwithstanding anything to the contrary herein, as plans for the City's Bridge and Roadway
projects for Henderson Street, White Settlement Road, and Main Street, as set forth in Exhibit 2 are more
fully developed, additional or alternative Adjustments may prove necessary In such an event, the parties
agree to cooperate with one another fully in identifying those additions or adjustments, which will be
deemed to be part of this Exhibit 3 for all purposes.
13
FWCC Project Location:
Project
From.
To:
Estimated Costs:
Limits
EXHIBIT 4
Form of Adjustment Schedule
Note: Plans, Specifications and Estimate must be attached to support the Estimated Costs. The
supporting documentation must show items, quantities, units and unit costs
The purpose of this form is to inform the City of the anticipated dates by which Utility's facilities that are
in conflict with the above project limits will be adjusted. The dates below assume that all necessary right-
of-way for the project has been acquired, that sufficient plans indicating the proposed improvements have
been submitted to Utility, and that design changes requiring material utility facility redesign do not occur.
Utility Company:
Anticipated Construction Start Date:
Anticipated Duration of Construction:
Anticipated Construction Completion
Date:
The information provided above is strictly an estimate and is provided to City solely for City's planning purposes.
This form is not intended to create any legally binding commitments on either Utility or City, nor to waive any
rights Utility or City might otherwise possess.
If there is a conflict between prior submitted dates and those shown in this form, the dates set forth above
should be used for City's planning purposes.
Authorized Utility Representative Date
14
Minim 111110111U
I III L'W11iNIL1'I1
COUNCIL ACTION: Approved on 12/14/2010
•
1•°1Ii�IIIy ii•`i4L 1
DATE: 12/14/2010 REFERENCE NO.: **C-24636 LOG NAME: 06ATT AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a Master Utility Agreement with AT&T Outlining Cost -Sharing
Responsibilities and Processes for Utility Relocations Required by Trinity River Vision —
Central City Project (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Master Utility
Agreement with AT&T outlining cost -sharing responsibilities and processes for utility relocations
required by the Trinity River Vision — Central City project.
DISCUSSION:
On June 3, 2003, (M&C G-13989) the City Council adopted the Trinity River Vision Master Plan as a
guide for future development along the Trinity River and its major tributaries The Tarrant Regional
Water District (TRWD) in cooperation with Streams and Valleys Inc., the United States Army Corps
of Engineers and the City of Fort Worth led the effort to prepare the master plan.
The Trinity River Vision — Central City project will alter the flow of the Trinity River at the confluence
of the Clear and West Forks near Downtown with a primary purpose of reducing Central City flooding
threats. The project will also better control the flow of the Trinity River so as to allow greater public
access to the river, increased recreational opportunities, ecosystem enhancements, and an urban
waterfront that will enable economic redevelopment efforts. The City Council, the Tarrant County
Commissioners Court, the TRWD board and Streams and Valleys, Inc., have all endorsed the Trinity
River Vision — Central City project.
Over the past year, AT&T and the City have had multiple discussions with respect to who ultimately
bears the financial responsibility for an estimated $11.8 million worth of AT&T utility relocations that
are required as a result of the Trinity River Vision — Central City project. The relocations involve
facilities located both in public rights -of -way and easements purchased by AT&T and are necessary
for construction of both the bypass channel and related street and bridge work. Due to the difficulty in
pinpointing which party has legal responsibility to pay for the relocation of a specific facility, and
disagreements between the parties over those legal requirements, these discussions have
culminated in an agreement to equally split the cost of all necessary relocations on a 50/50 basis.
This settlement has been reached with the primary purpose and intent of completing the project in a
timely and successful manner without the need for either party to pursue legal action.
AT&T is expected to invoice the City as work under the Agreement is completed. Invoices will be paid
for with funds advanced by TRWD. TRWD will be reimbursed for these expenses under its
agreement with the board of directors of Tax Increment Reinvestment Zone Number Nine, City of Fort
Worth, Texas (TRV TIF). As a result, this Agreement will have no financial impact on the city s
general fund or capital improvement funds.
This project is located in COUNCIL DISTRICT 2 and will benefit ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
Page 1 of 2
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for Citv Manaaer's Office bv: Fernando Costa (6122)
Oriainatina Department Head: Randle Harwood (6101)
Additional Information Contact: Mark Rauscher (2446)
ATTACHMENTS
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