HomeMy WebLinkAboutContract 42233CITY SECRETARY
CONTRACT NO, (120433
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
UTILITY ADJUSTMENT AGREEMENT
THIS AGREEMENT, effective as of the date last written, below, is by and between Tri-
County Electric Cooperative, Inc., a Texas Non -Profit Corporation ("TCEC") and the
City of Fort Worth, a political subdivision of the State of Texas ("CITY").
WHEREAS, the CITY, acting by and through itself, proposes to make certain railway
improvements on a section of the BNSF railroad traversing north from Blue Mound Road
("Improvements"); 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 railway
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.
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.
2. TCEC may utilize 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. The CITY
will provide a utility easement(s) covering the newly constructed TCEC electric
lines on private property.
4. CITY will stake the survey of the proposed locations of the areas needed by
TCEC, clear the planned construction area(s), and cooperate with TCEC as survey
stakes are requested.
OFFICIAL RECORD
CITY SECRETARY
WORTH, TX
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09-08-1 1 A09:39 OUT
5. TCEC will relocate and/or adjust its facilities currently located in or adjacent to or
near the railroad right-of-way as shown on the attached Exhibit A attached hereto
and made part hereof for all purposes.
6. CITY will make payment to TCEC in the amount of $78,627.67 for the
adjustment of its facilities prior to TCEC commencing its work but after receipt
by CITY of an invoice from TCEC. Said payment is non-refundable.
7. The parties to this AGREEMENT shall each retain ownership of their respective
facilities at all times.
8. 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.
9. 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.
10. 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.
11. The CITY and TCEC each represents and warrants to the other party that the
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.
12. 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.
13. 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.
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By:
Title:
IN WITNESS WHEREOF, the parties hereto have affixed their signatures:
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
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CITY OF FORT WORTH
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Fernando Costa
Assistant City Manager
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Recommended:
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DouglaW. Wiersig
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Director, Transportation/Public
Works Department
ATTEST:
Marty Hendrix
City Secretary
Date: atul , 2011
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Approved as to Form and Legality:
Douglas W. Black
Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 8/9/2011
DATE: Tuesday, August 09, 2011 REFERENCE NO.: **C-25099
LOG NAME: 55AFW RWY EXT UTILITY RELOCATION_TRI-COUNTY ELECTRIC
SUBJECT:
Authorize Execution of a Utility Adjustment Agreement with Tri-County Electric Cooperative, Inc., in an
Amount of $78,627.67 for Relocation and Improvement of its Electrical Distribution Facilities as Part of the
Runway Extension Project at Fort Worth Alliance Airport (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Utility Adjustment Agreement with Tri-
County Electric Cooperative, Inc., in an amount of $78,627.67 for relocation and improvement of its
electrical distribution facilities as part of the runway extension project at Fort Worth Alliance Airport.
DISCUSSION:
This utility relocation reimbursement agreement is required to pay for the relocation, adjustment, and/or
improvement of certain Tri-County Electric Cooperative, Inc.'s (Tri-County) electrical distribution facilities
to allow the realignment of the BNSF Main Line as a part of the runway extension project at Fort Worth
Alliance Airport In order to construct the new runway extension, it is necessary to relocate all private utility
service conflicts located on the proposed Burlington Northern Santa Fe Railroad (BNSF) Main line.
Tri-County has a distribution line north of Blue Mound Road that will need to be relocated to allow BNSF to
construct their new Main Line track.
The utility facilities will be relocated by Tri-County and it will be reimbursed for the agreed -upon amount.
Federal Aviation Administration funds from Runway Extension Grant 3-48-0296-40-2009 will be used for
this project. Existing land credits that remain from the original land donation for Alliance Airport will be
used for the City s five percent in -kind match.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Airport Grants Fund
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 539120 055218339700 $78.627.67
CERTIFICATIONS:
Submitted for Citv Manaaer's Office by:
Oriainatina Department Head:
Fernando Costa (6122)
Kent Penney (5403)
Ruseena Johnson (5407)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15646&print=true&DocType=Print 9/5/2011
M&C - Council Agenda Page 2 of 2
Additional Information Contact:
Patrick Buckley (2443)
ATTACHMENTS
1. Available funds 218339.doc (CFW Internal)
2. Tri-County Electric Aareement.PDF (CFW Internal)
3. Tri-Countv Utility Relocate FAR (00960).pdf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15646&print=true&DocType=Print 9/5/2011