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11560(1
CONFIDENTIAL
TRI=COUNTY ELECTRIC RIC COOPFRA T IVF., 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 roadway improvements on a
section of North Riverside Drive, a.k.a. Old Denton Road, between Heritage
Trace Parkway and Golden Triangle Blvd.; and,
WHEREAS, TCEC proposes to retain, locate, relocate adjust, bury, place
underground, and 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.
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.
TCEC - CFW UA.t O1! Denton-1(cl �'—
OFFICIAL RECORD
CITY SECRETARY
•
P. l
Ft WORTH, TX
�j,E I V ti Atik
4. CITY will expeditiously stake the survey of the proposed locations of the
areas needed by TCEC, and cooperate with TCEC as survey stakes are
requested, at no cost to TCEC.
5. TCEC wilt 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
underground, in private easements granted to TCEC. $1,103,952.39 At%
6 CITY will make payment to TCEC in the amount of , , for the
burial of its existing overhead electric facilities currently located in CITY
right-of-way or in 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 pad or surface mounted
appurtenances. Said payment is nonrefundable. AM TCEC underground
facilities will be placed in private easements, except incidental road
crossings, granted to TCEC prior to the commencement of construction.
7. Upon request, TCEC will provide CITY with an invoice for the amount due
in item 6 above.
8. Both parties hereto shall retain ownership of their respective 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.
TCEC CFW UAA Old Denton Rd. P. 2
16 Each party to this Agreement mutually understands, acknowledges, and
recognizes that third party landowner(s) play a critical role in the
placement of the proposed underground T•CEC electric facilities and that
said role could increase the costs, engineering, and/or design and
construction of the proposed underground electric infrastructure.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures:
TRI-COUN7Y ELECTRIC COOPERATIVE, INC.
c,),.<14.1(
Title: /14tf4t1t
Print Name: �� D. E4anetRieichi
Date: 471Z14. �, ZOPI
By:
CITY OF FORT WORTH
By: � ‘L---•
Title: Assistant City Manager
Print Name: Fernando Costa
Date:
4,441/4
RECOMMENDED BY:
LJ
Douglas W' Wsersig, PE
Director, Transportation and Public Works Department
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APPROVED AS TO FORM AND LEGALITY: %T�ES�T:
C
Douglas W Black
Assistant City Attorney
M&c: S el
Date: 12/io/ I
MEc -OFWVIMI �reraPi rid.
CITY SECRETARY
FT. WORTH, TX
Mary J. Kayser
City Se
P. 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/10/2013
DATE: Tuesday, December 10, 2013 REFERENCE NO.: C-26597
LOG NAME: 20OLD DENTON TRI COUNTY
SUBJECT:
Authorize Execution of a Utility Adjustment Agreement and Payment to Tri—County Electric Cooperative,
Inc , in the Amount of $1,220,840.83 for the Relocation of Approximately 6,600 Feet of Overhead Wire to
Underground Facilities that are Located Along Old Denton Road (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of
a Utility Adjustment Agreement and payment to Tn—County
Electric Cooperative, Inc., in the amount of $1 220,840.83 for the
relocation of approximately 6,600 feet of overhead wire to
underground facilities that are located along Old Denton Road.
DISCUSSION:
Tax Increment Reinvestment Zone Number 7 (TIF 7) has funded
the Old Denton Road project from Heritage Trace Parkway to
Golden Triangle Boulevard and has requested the utilities be
placed underground. They have agreed to include the cost of that
underground relocation work in the scope for which they are
providing funds. A Utility Adjustment Agreement with
Tri—County is required along with payment in the amount of
$1,220,840.83.
The TIF 7 Board of Directors has approved funding for Old
Denton Road from North Tarrant Parkway to Golden Triangle
Boulevard in the amount of $10,400,000.00. This funding source
will be utilized to cover the costs associated with the Tri—County
Utility Adjustment Agreement.
This project is located in COUNCIL DISTRICT 4, Mapsco 21L,
21Q, 21U and 21Y
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds
are available in the current capital budget, as appropriated of the
Specially Funded Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
C291 541200 202230172472
$1.220.840.83.
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Mike Bennett (7910)
1. 20o1d denton rd at—htn+01724 map FAR-00014 pdf
2. 20OLD DENTON RD GT—H 1'P 01724 MAP pdf
3. C291 541200 01724.docx