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Bluebonnet Contractors, LLC ' TE obility Partners, LLC
6851 NE Loop 820, Suite 102 8713 Airport Freeway, Suite 1
North Richland Hills, Tlexas, '76,,180 North Richland Hills, Texas 761
November 19, 2012
Donald C. Toner Jr. SRIWA NTE-1 2-5196
Dire c Strategic Projects Right of Warr
Texas Department of Transportation
3301 W A* or Freeway
Bedford, Texas 716201
Subject. Cit ► of o Worth Utility Relocation Assembly
N rth Tarrant Express Coi flict IDs 8 791, 801, and 183
820-U6-0004
Dear Mr. Toner,
lueb;on n t Contractors, LLC is submitting the attached' Utility Assembly in compliance, with
the CD,A to adjust a 1611 1 1 211, and 8" City of Fort Worth waterline within i the NTE project corridor
between NTE IH-35W I -35W Utility 13L STA 5813+00 and l STA 663+00.
The lines are in conflict with the North Tarrant nt Expwress Project and will be adjusted in
compliance with TxDOT's Utility Accornmodation Rules UJAR The total estimated cost to
replace, t lis facility is $1,046,592.00. The final cost will be determined according to actual
accumulated costs. The relocation is 1100:% co�mplens, ble for the City of Ft. Worth., There are
no betterments or salvage e values associated with this utility adjustment.
This, 'Dievelopler Managed" Assembly consists of thirteen components as required by the
CDA (Assembly Summary, Utility Adjustment Agreement, Flans, Specifications, and
Estimates,, Affidavit of Property Interests, Statement of Work, Joint Use Acknowledgement,
Assembly Checklist, No Conflict Sign-Off Forms, Right of Way Flaps, Tx DOT Checklist and
Approval).
Freese, and Nichols, Inc. preparedthe plans which were signed and sealed on November 9
2 0,12.
Im r11
Pagel of
�
NTE Mobility Partners LLCM and Blu ebonnet Contractors, �. r � rn n ' � ray r h�
Assembly and have cknio +wrled'g �d the Traffic Controll plan as defined in Bluebonnet
Contractors General Notes, C onstructi n Notes on sheet 4 of the plans. The SW3P is als
address in Bluebonnet Contractors General Notes un�der Environmental rotes sheet, 4 of the
plans. Both Bluebonnet Contractors and the City of Fort Worth have executed the Assembly.
Bluebonnet C ntra t rs, LLC and the City of Fort Worth will coordinate and conduct a pre-
construction meeting to address NT'E Safety and environmental issues prior to performing any
adjustment related activities on the pr� ject. All s,aifety�, traffic control,1, and environmental issues
will be compiled with during construction activities in the vicinity of the line to maintain the
integrity of the City of Fort W rth�' ► facilities,ilities, and protect the, travel in public. TxDO,T has 1
business days to review and approve the Assembly.
Bluebonnet Contractors rs expects to finish construction Can the referenced utility conflict
within approximately 120 days from the notice to proceed date from TxDOT., .
Recommended for Approval
� �
orr ell
ose Carlos Esteban
CEO X00
Blueb onnet Contractors, LLC NTE Mobility Partners LLC
f
W
Scott Stockburger, P`:t.
Director of Utilities
Bluebonnet Contractors, LLCM
h
Page 2 of 2
Cily of Foil Worth Asse.Mbly
o e open Managed
Assembly u,rnber: 20 LJ- 5, -0004
North Tarrant ,.ress N'ITR`E -S!gae nt West.
Novenitier 12,201
Faci lities Confilct 1
Adjustment of an existing 16"1 waterline crossing on IH-35W from approximate 78&79
NTF BL STAB 587+90 to STA 589+20..
Adjustment of an existing 12" water line crossing on iH-35W from approximate 80
NTi F Utility B,L STA 6160+00 to STAB 663+00.
Adjustment of an existing 8'" water line serving the North Fort Worth Baptist 183.
Church from puroxim to IH_35W Utility BL STA 583+0 to STA 585+00.
Bluebonnet Contractors, LLC is submitting the attached Utility Assembly in compliance with the C ,
to adjust approximately 1,707 LF of ", 2", and " water line between NTF iH-35W Baseline station
583+00 and station 6601+00. The existing water and wastewater facilities are in conflict with the North
Tarrant Express Project and are to be ,adjusted in compliance with TxD OT's Utility► ccommodation Rules
WAR), The total estimated cost to replaice these facilities is $1,046,592.00. The final cost will be
determined according to actual accumulated costs. The relocation is oo% corn ensable for the City of
Ft.Worth, There are no bettermients or salvage values associated with this utility adjustment.
This `Developer Managed" Assembly consists of thirteen components as required by the CDA
(Assembly suummar , Utility Adjustment Agreement Amendment, Flans, Specifications, and Estimates,
Affidavit of Property Interests, Statement of Work,Joint Use Acknowledgement, Assembly Checklist, No
Conflict Sign-off Forms, Right of Way flaps,TOOT Checklist and Approval).
Freese and Nichols, Inc., prepared the plains which were signed and sealed on February 7, 2013 by
Daniel stoutenbur ,, P.E.
NTF Mobility Partners LLC and ' luuebonnet Contractors, LLC recommend approval of the Assembly
and have acknowledged the Traffic Control Plan as defined in NTE General Construction Notes of the
plans. The SW3P is also addressed in Blulebonnet Contractors General Notes under Environmental Notes
within the plan set. NTF Mobility Partners LLC, Bluebonnet Contractors and the City of'Fort Worth have
executed the Assemblyr.
Bluebonnet Contractors, LLC and, the City of Fort "worth will coordinate and conduct a pre...
construction meeti�ng to address NTF safety and environmental issues prior to performing, any
adjustment refuted ,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 Font 'worth's facilities, and protect the traveling public. TxDOT" has 10 buuisiness days to review and
approve the Assembly.
Recd menddedd fiver A.p pro va
H.Scott colter,
E. Scott stogy bur r,P.E,
Alfonso Diaz Del Rio
� y;
Texas Department of Transportatioll
loan TxDOT-CDA-U-35A-DM-NTE
Orr- Page I of 8 Rev. 08/261/101
County: TAR NT
ROW CSC' 0008-14-093
NO ROW CSJ
Const. CST: 0008-14-059
0014-16-194
Highway: IH 82 / IH 35W
Limits: From 1H 35W TO
SOUTHWESTERN
RAILROAD /AT IH
820 INTERCHANGE
UT111TY ADJUSTMENT AGREEMENT AMENDMENT
(Developer Managed)
Amendment No.0004 to Master Agreement No 820-U-05061
Conflicts 78,79,80, and 183
THIS AMENDMENT TO MASTER UTILITY ADJUSTMENT AGREEMENT (this
"Amendment"), by and between NT'E Mobility Partners :PLC, hereinafter identified as the "Developer",
Bluebonnet Contractors, LLC, hereinafter identified as the "Des n-Budd Contractor" and City of rort
Worth, hereinafter identified as the ",Owner", is as follows,-.
WITNESSET'H
WHEREAS, the STATE of TEXAS, acting by and through the Texas Department of Transportation,
hereinafter identified as "TxDOT"., proposes, to construct the turnpike project identified above (the
11 A
"Facility�", as more particularly described in the"Original Agreement". defined below); and
WHEREAS, 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, "Adjustment"),-and
WHEREAS, pursuant, to that certain Design-Build Contract by and between the Developer and the
Des,ign-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
Adjustment; and
WHEREAS, the Owner, the Developer, and the Design-Build Contractor are parties to, that certain
executed Master Utility Aqjijstment Agreement designated by the "Agreement No." indicated above, as
amended by previous amendments, if any (the "Original, Agreement"), which provides for the adjustment
of certain utilities owned and/or operated by the Owner(the "Utilities"); and
WHEREAS, the parties are required to utilize this Amendment form, in order to modify the Original
Agreement to add the adjustment of Owner facilities not covered by the Original Agreement- and
WHEREAS, the parties desire to amend the original Agreement to add additional Owner utility
facility(les), on the terms and conditions hereinafter set forth.
Texas Department of Transportation
Fon-n TxD:01T-CDA-U-35A-DM-NTE
Page 2 of 8 Rev. 08/26/10
NOW, THEREFORE, in consideration of the agreemCDtS contained herein, the parties hereto agree as
follows:
1'. Amendment. The Original Agreement is hereby amended as follows:
1.1 Plans.
(a) The description of the Owner Utilities, and the proposed Aqjustment of the Owner
Utilities in the Original Agreement is hereby amended to add the following utility'
facility(ics) ("Additional OWDer Utilities") and proposed Adjustrnent(s) to the, Owner
Utilities,described in the Original Agreement-.
Conflicts 78'and 79—Adjuslinent of an existing owner 16$p waterline crossing on IH-3'5W
.from approximate NTE BL STA 587+90 to SIA 589+20. The existing Ownerfacilities
are in cojiflici with the NTE project and are to be adjusted in compliance with xDO T PS
Utili ccommodation Rules (U AR). The adjust edfacil lilies will include installeition q1'
approximately 871 LF oj"16" C-905 PVC crossing IH-355 in the vicinity of Fo ssil Creek
Blvd. The exislingJacili ties that are not being removed during construction activities are
to be cut, filled with grout, capped and abandoned in place. See Elxhib:it C attached
hereto and incorporated herein.
Conflict 80—A4 stnient of an existing OWner 12" water line crossing on IH-35 W.fron?,
approxi inale NTE Utility BL STA' 660+00 to SIA 663+0'0. The existing Oitpnerfacililies
are in conflict with the NTE project and are to be adjusted in compliance with TxDOT's
Ulili Accommodation Rules (UAR). The adjusted f cl lilies will include installation qf
approximately 640 LF qf 12" C-900 VC water line crossing IH-35 W at approximate
NTE BL STA 651+95. The existing facilities that are, not being removed during
construction activities are to be cut,filled' with grout, capped and abandoned in place.
See Exhibit C attached hereto and incorporated herein.
Conflict 183 — A4justm n n
ent of a existing Own 8" water line serving the North Fort
Worth Baptist Church frown approximate IH-35W Utility BL STA, 583+00 to STA
5'85+00'. The existing Own er.f�ci lilies are in conflict with the NTH'project and are to be
adjusted in compliance with TxDOT's Utility Accommodation Rules (UAR)., The adjusted
,facilities will include installation of approximately 196 LF o, 8"C' 900 PVC water line.
)f
The existing facilities that are not being removea during construction activities are to be
cut,,filled with grout, capped and abandoned in place. See Exhibit C attached hereto
and incorporated herein.- and
(b) The Plans,, as defined in Paragraph I 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 A-i-nendment, shall be
submitted upon execution to TxDOT in accordance with Paragraph, 2 of the Original
Agreement, and Paragraph 2 shall apply to this Amendment and the Plans attached hereto
in the same manner as if this Amendment were the Original Agreement. If the Owner
IF claims an Existing Interest for any of the Additional Owner Utilities, documentation
respect to such claim shall be submitted to Tx DOT as part of this, Amendment and the
attached Plans, in accordance with Paragraph, 15�(a) of the Original Agreement.
Texas Departmentof Transportation
Form TxDOT-CDA-U`-3,5A-DM-NTE
Page 3 of 8 Rev. 018/26�/10
1.2 Advancement offunds by Owner for Construction Costs.
(a) Exhibit A of the Original Agreement is hereby amended to add for the Additional Owner
'Utilities and proposed Adjustment(s)the following information set forth on Exhibits A
hereto: (i) all estimated engineering), and construction-related casts, including labor,,
material, equipment and other miscellaneous construction items, and (ii) die Ownel's, and
Design-Build Contractoir"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-Build Contractor its allocated share, if ally, of tile
estimated costs for construction and engineering, work to be performed by design-Build
Contractor under this Amendment, in accordance with the following terms:
Z The adjustment of the Owner's Utilities does not require advancement of funds.
The adjustment of the Ownei's Utilities does require advancement of funds and
the terms agreed to between the Design-Build Contractor and Owner are listed
below.
[Insert terms of advance funding to be agreed between Design-Build Contt-actor and
Owner]
(b) Adjustment Based on Actual. Costs, or Agreed Sum. For purposes of Paragraph 7'(b) of
the Original Agreement, the following ten'ns apply to the Additional Owner Utilities and
proposed Adjustment.
[Cheek the on ap
e pi-ol)riate pi-ovision]
Z
the Owner is responsible for its share of the Design-Build Contractor's actual
cost for the Adjustment, 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 Betterment (as determined in
Paragraph 9(b)) plus the actual cost of Owner's 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 such advance exceeds such actual cost, as applicable.
F-I The Agreed Sum, is the agreed and final amount due for the Adjustment,
including any Betterment, under this Amendment. Accordingly, no adjustment
(either up or down)of such amount shall be made based on actual costs.
1.3 Reimbursement of Owner's, Indirect C'o�sts. For purposcs of Paragraph 6 of the Original
Agreement, the following terms apply to the Additional Owner Utilities and proposed
Adjustment:
(a) Design-Build Contractor agrees to reimburse the Owner its indirect costs, (e.g.,
engineering, inspection, testing, ,ROW) as identified in Exhibits A . 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 work is
complete, final payment of the eligible indirect costs will be made. Inter-nediate
payments shall not be construed as final payment for any items included in the
intermediate payment.
01 A I 1 0A 1 1 X7'-r1^T I A A A
Texas Department of Transportation
Form rxDOT-CDA-"U-35A-DM-NTE
Page 4 of 8 Rev. 08/26/10
(b) The Owner's indirect costs associated with Adjustment of the Owner Utilities shall be
developed pursuant to the method checked and described below[check only one box]:
Z (1) Actual related indirect costs accumulated in accordance with (i) 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 suin of$ ("'Agreed Suns") as supported by -the ana ilyss
of the Owner's estimated costs attached hereto as part of Exhibits A-E.
1.4 Responsibility for Costs, of Adl* stment Work. For purposes of Paragraph 4 of the Original
Agreement, resp�onsibility for the Agreed Burn 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-E hereto and in accordance with §203.092,
Texas Transportation Code. An 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 Burn or Actual Cost attributable to Betterment shall be allocated 100%to the Owner
in accordance with Paragraph 9 of the Original Agreement.
1.5 Betterment,
(a) Paragraph 9(b) (Bettennent and Salvage) of the Original Agreement is hereby amended
to add the following[Check the one box that applies, and complete if appropriate]:
Z The Adjustment of the Additional Owner 'Utilities, pursuant to the Plans as
amended herein, does not include any Betterment.
EJ The Adjustment of the Additional Owner Utilities, pursuant to the Plans as
amended herein,, includes,Betterinent to the Additional Owner Utilities by reason
of [insert explanation, e.g (replacing 12" p* e with 24" p' e]- The
IP IP -
Design-Build Contractor has provided to the Owner comparative estimates for
(i)all work to be performed by the De,sign-Build Contractor pursuant to this:
Amendment, including work attributable to the Betterment, and (11) the cost to
perform such work without the Betterment, which estimates are hereby approved
by the Owner. The estimated cost of the Design-Build Contractor's work
under this Amendment which is attn'butable to Betterment is $ , calculated
by subtracting(ii) from (1). 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), which remainder is divided by
i .
(b) If the above Paragraph 1.5(a) identifies Betterment, the Owner shall advance to the
Design-Build Contractor, at least fourteen (14) business days prior to the date scheduled
for COM.MCDcement 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
Texas Department of Transportation
Form TxDOT-CDA-U-35A-DM-NTE
Page 5 of'8 Rev. 08/26/101
Amendment. if the Owner fails to advance payment to the Design--Build Contractor on
or before the foregoing deadline, the Design-Haile Contractor shall have the option of
commencing and completing(without,delay) the Adjustment work without installation of
the applicable Betterment. [Check,th n a p op iate prov'isaon]
P
F1 The estimated cost stated in Paragraph 1.5(a) of this Amendment is the agreed
and final amount due for Betterment under this Amendment, and accordingly no
adjustment (either up or down) of such amount shall be jade based on actual.
costs.
The Owner is responsible for the Design-Build Contra+etor`s actual cost f0 the
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-:wild Contractor the amount, if any, by which the actual cost
of the etternent Bete ined as provided below in this paragraph) 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 such advance exceeds such
actual cost, as applicable. Any additional payment by the Owner shall be due
within slit; 6 days after the+owner's receipt of the Design-Build Contractor's
invoice therefor, together with supporting documentation any refund shall be
due within sixty 6 days after completion of the Adjustment work under this
Amendment. The actual cost of Betterment incurred by the Design-Build
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
performed by the Design-build Contractor pursuant to this Amendment
(including work attributable to the Betterment),, as invoiced by the Design-Build
Contractor to the Owner.
c The determinations and calculations of Betterment described in this Amendment shall
exclude right-of-way acquisition costs. Betterment in connection with right-of-way
acquisition is addressed in Paragraph 15 of the Original Agreement.
1.6 Miscellaneous.
(a) Owner and Design-Build Contractor agree to refer to this Amendment, designated by the
Amendment No. ' and "Agreement Nur b�er"' indicated on page 1 above, on all future
correspondence regarding the Adjustment work that is the subject of th-is Amendment and
to track separately all costs relating to this -rend neat and the Add'ustment work
described herein.
b [Include any othet-proposed amendments allowed by applicable law,
2. General.
"i"rF',-
a p
All capitalized teas used in this Amendment shall have the meanings� assn red to tie
in the Original,agreement, except as otherwise stated herein.
Texas Department of Transportation
Form TxDOT-CDA-U-35A-DM-N r FE
0
Page 6 of 8 Rev. 0 8/26/10
(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 constitute one and the same instrument.
(c) Except as amendedhereby, the Original Agreement shall remain in full force and effect.
In no event shall the responsibility, as between the Owner and the Deslign-Build
Contractor, for the preparation of the Plans and the Adjustment of'-the Owner Utilities be
deemed to be amended hereby.
(d) This Rine ndment 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
Amendment,, and (b) the completion of TxDOT's review and approval as indicated by the
signature of TxDOT's representative, below.
�j y
r rz,
Texas Depart rtt of Trans pova tioll
Forni'TxDO' -CDA-,U-35A,-DM-NTE
Page 7 of 8 Rev.08/26/10
F
,APPROVED BY.-
Desl'v-Build Contractor Developer
BIluebonnet Contractors
NE 0 Mobj I
LLC T Partners LLC
B
'0.0 Alp 711
Duly Authorized Signature Duly Authorized Signature
Printed Printed
Name,-. Jose Carlos Esteban Name-,
Title.- CEO Title,:
Date-
Date
-, it
Texas DeRartment of Trans ortation Owner
Gkv 9f Fort Worth,
B By#-
y
Authorized Signature Duly Authorized Representative
finned Printed
Nam, Donald C.Toner Jr. SRfWA Name.- Fernando Costa
Title.* Director,—Strategic PKojects,ROW Title: Assistant
Sete is Iftjoects Divi'sion
Date.-
Date*
FOFFICIAL RECORD
o L 11E
EJRM�j
Co
C T
R AR
T
kD; 04,
CITY SECRETARY
FTo WORTH,TX
--—-—.------I-
Texas Departiiicnt of Transpoi-tation
FoT m TxDO'T-00A-U-35A-DM-NTE
rorr , Page 8 of 8 Rev. 08/2611,0
1
Recommended for A,p ro a]
By
Printled
Name: S.Frank Crunibil P.E.
Title: Director, Water Department
Approved as to For and Legality.
B y
Printed
Name.- Douglas W. Black
Title: Assistant C
FIV
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Attest., .......
By:
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Printed
Name-, M�a J. Kgser 0000000*
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Title: City Secret�g 0
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Date:
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No. lei 5 cw�A?iio-**i;v As
OFFICIAL R"fif
C,&IT,ly SFUMETARY
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Official site of the City of Fort Worth, s
ANIffilill, `0
fir-IR 11T COUNCIL AGENDA FoRTIVIRTU
1 N, WX
COUNCIL ACTION Apipirovedl olnill'I,Illl,/'201'I
DATE:,., 11/11/2011 REFERENCE NO., C-251259 LOG NAME: 60NTEMUAA
CODE: C, T YPE.* CONSENT PUBLIC NO
HEARING:
SUBJECT,,, Au the oirize a Master Utility Adjustment Agreement Between the City of Fort Worth and
North Tarrant Express Mobility Partners, Texas Department of Transportation, and
Bluebonne't Contractors, LLC, for the North Tarrant Express Highway Expansion Project
(COUNCIL DISTRICT 4)
"'4z"NO", 0,1
MIMMA,
/.....//,///,/",// v"R 'k
RECOMMENDATION.
It is,s, recommended that the City Council authorize execu�tioln 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, Bleach Street and IH-
820 intersection, within the general NE Loop 82,10 from IH-3151W to Southwestern Railroad (DART or
1700 feet East of State Highway 377) iANTE Slegment 1-TXDOT CSJ �No. C-0008-14-059) project
limits, at no cost to the City of Fort Worth.
DISCUSS1011N*,,
The purpose of this X11&C is,to eater into a Master Utility Adustment Agreement (MUiAA)with North
Tarrant Express Mobility Partners (NTE P , Texas Department of Transportation (TXDOT and
Bluebonne't Contractors, LLC, for the relocation of approximately 714 linear feet of 36-inch water
main alorigi the each Street and Interstate Highway 8,2,0 interselcti,oln, part of North Tarrant Express
(NTE) Segment 1
NTE Segment 1 consists olf'improvements, along NE Loop, 820 from Interstate Highway 35 to
Southwestern Railroad (DART'or 1700 feet East of State Highway 377). NTE consists of a 10 year
Agreement between TXDOT and NT EMP to identify and construct proposed highway improvements
to portions of Interstate Highway 35W, State Highway 183 and Interstate Highway 8,20 in northern
and eastern Tarrant County. NTEM�P, has hired Bluebonnet Contractors, LLC, a design build
contractor', to facilitate design and construction of the highway improvements as well as the
necessary, utility rellocations.
Design and construction relocation costs for thits MUAA wli�ll be 1010 percerit funded by,Blueboninet
Contractors, LL,C., The project lim�iits,for ATE Segment 1 will" iIncl ude the relocation of additional water
and sanitary sewer mia'ns, which will: be designed and constructeld through future U!tillity,Adjustment
Agreement Amendments (UAAAs). Such locati�ons include.-
1. Interstate Highway 820 (East and West Bound)service, road from Riverside Drive to Beach
Street
(waiter ardi sanitary sewer)
2. Intersection of Interstate Highway 820 and Riverside Drive (sanitary,sewer only)
3. Intersection of Interstate H'ighway 820 and Big Fossil Creek (sanitary sewer only)
4. Intersection of Interstate Highway 35 d Fossil Creek Drive (water only)
5. Intersection of Interstate Hilghway 35W and Melody Hills Lane (water only)
This project is lo sated in COUNCIL, DISTRICT'4, Maps,co 49G, H'� and 50A,, E and H.
44*ft 10% 7_ + 11% *.4�%Is 71 4*^V W,V I^f-S T-%_11 4AC A 0- -A,
...........
14 ,1..
i
FISCAL IN'F RMATIONIXERTIMFIC TIOR.-I
The F'inancial Management Services Director certifies that this action will have no material effect on
City funds.,
TO, Fund/Account/Centers FROM Fund/Account/Centers.
Submi ted for Cifty Manager's Of#lce Fernando Costa (6 122)
OrIg,11"nating Department Had. S. Frank Cry (8207)
Additional I�nformatlonw Contact. John Kara ich 84 810
ATTACHMENTS
60NT MUAA,.a . d
ht-tD://at)t)s.cfwnet.org/council packet m -r view.asp?ID=I 6064&councildate=1 1/1/2011 1/23/2012
—A-
AMMMMMMMMM&-'91
Z '45
o.,J=M*nl
Form ROW-U-JUAA-NTE
Rev.9113/07
Repla,ces Forms Di-15-24A and D,-1 5-8 OA
GSD-EPC
Page 1 of 2
UTILITY JOINT USE ACKNOWLEDGEMENT
REIMBURSABLE UTILITY ADJUSTMENT
-I" u. 820-U-05061-0004
District: Forth Worth
Highway: III 35/ IH 820
County-, Tarrant
WHEREAS, the State of Texas, ("State'l, acting by and through the Texas, Department of Transportation
("TxDOT"), proposes to make certain highway improvements on that section of the aboveindicated highway; 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 oni, 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 consideration of the covenants and acknowledgements herein contained, the parties
mutually agree as follows:
It is agreed that jolint usage for both highway and utility purposes will be made 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 sketches. Nothing
in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the
Utility within the above described area., If the facilities shown in the aforementioned plans need to be altered or
modified or new fa,cillilties 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 showing 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 Tx DOT 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 solid
highway, TxDOT 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 joint usage above described.,
If Utility's facilities are located, along a controlled access highway, Utility agrees that ingress and egress for
servicing its fac,ilities,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 throulgh-traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth
the conditions for pollicing 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 Tx DOT 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 th!rough-traffic roadways and/or ramps
shall be subject to the same rules and regulations as apply to the general public.,
If Utility's facilities, are located along a non-controlled access hii'ghway, the Ultillity's rights, of ingress and egress
OPP** to the through traffic roadways and or ramps are subject to the same rules and, regulations as apply to the general
public.
Initial Date
Participation in actual costs incurred by the Utility for any future adijustmen,t, removal, or relocation of utility
facilities, required by highway construction shall be in accordance with applicable law's of the State of Texas.
I�W
lit is expressly understood that Utifity conducts the new 'Installation, adjustment,, removal,, and/or relocation at its
own risk, and that Tx DOT makes no warranties or representations regarding the existence or location of utilities
CUrrently within its right of way.
The Utility and the State, by execution of this Acknowledgement , do not waiive or relinquish 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.. �' of Fort Worth
Utility Name
(dor
By:
Authorized Signature
Printed
Name: S.Frank Crumb,P,.E.
Title: Director, Ater D rtment
Date:
The,State o Texas
Executed and approved for the Texas Transportation
Commission 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 Commission.
By:
Donald C.Toner Jr. SRJWA
Title: Director-Strategic Projects Right of Way
Strategic Projects Division
Texas Department of Transportation
OFFICIAL RECORD
Date: CITY SECRETARY
01 L REC;OR')
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Initial 'bate