HomeMy WebLinkAboutContract 42865-A5 I
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December 13, 20,12
Dr. Doug W. Wiersig, Ph.D., P.E.
Director—Transportation & Public Works
City of Fort Worth
1000 Throckmortori St.
Fort Worth, TX 76102
Frank Crumb, P.E.
Director- Water Department,
City of Fort Woi-tli
City Hall---2 nd Floor
1000 Throckniorton Street
Fort Worth, TX 7'61102
RE: City of Ft. Worth Relocation Assembly
North Tarra.,nt Express Conflict IDs 1, 33, 34, 315, and 36
Utility Assenibly No. 820-U-0506 (0005)
Dear Dr. Wiersig and Mr. CrUmb,
Please find attached the proposed 'Utility Assembly No. 820--U-0506 (010015)
'or the City o Fort Worth water and wastewater lines in conflict
that covers the work f f I
with the Riverside Project. This assernbly is being submitted for your execution.
Submission of this assembly by Bluebonnet is expressly conditioned on execution of
the change order between TxDOT, NTEMP and NTEMP and BBC for the Riverside
Bridge.
Sincej!Zl�..
JOB Ca s, Esteban
Chief, x cutive Officer
Blueb� et ntractors, LLC
Texas Department of Transportation
Form TxDOT-CDA-U-35A-DM-NTE
Page I of 8 Rev. 018,/26/10
r r
County: Tarrant
ROW CSJ-, 0008-14-093
Const. CSJ: 00018-14-0519
Highway: IH-820
L m t 1Fr om IH 3 5 W to
Southwestern
Railroad (DART)
UTILITY ADJUSTMENT AGREEMENT AMENDMENT
(Developer Managed)
Amendment No.0005 to Master Agreement No. 820-U-0506
Conflicts 1,33,34,35,and 36
THIS AMENDMENT TO, SAS TER UTILITY ADJFUSTMENT AGREEMENT (this
"Amend men t"),, by and between NTE Mobility Partners LLC, hereinafter identified as the "Developer",
Bluebonnet Contractors,, LLB", hereinafter 'Identified as the "Design-Build Contractor" and City of Fort
Worth, hereinafter identified as the "Owner", is as follows.
WITNESSETH
WHEREAS, the STATE of TEXAS, acting by and through the 'Texas Department of Transportation,
hereinafter identified as "TxDOT", proposes, to construct the turnpike prqject identified above (the
"Facility", as more particularly described in the "Original Agreement", defined below); and
WHEREAS, pursuant to that certain Comprehensive Development Agreement ("CIAO) by and between
TxDOT 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(colilectivel Y1 Ad Ii" ' ustment")- and
WHEREAS, puursuant to that certain Design-Build Contract by and between the Developer and the
Design-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 Adjustment Agreement designated by the "Agreement No." indicated above, as
arnended by previous amendments, if any (the "Original Agreement"), which provides for the adjustment
of certain utilities owned and/or operated by the Owner(the"Uti lines"); 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
WHERIEAS, the parties desire to amend the Original Agreement to add additional Owner utility
facility(ies), on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the agreements contained herein, the parties hereto agree as
follows:
1. Amendment. The Original,Agreement is hereby amended as follows:
NTE UAAA(DM)Conflicts 1,33,34,35,36 COMPLETE
Texas Department of Transportation
Form TxDOT-CD�A-U-3,5A-DM-NTE
Page 2 of 8 Rev. 08/26/10
1.1 Plans.
(a) The description of the Owner Utilities, and the proposed Adjustment of the Owner
Utilities, in the Original Agreement is hereby amended to add the following utility facility
"additional Owner Utilities") and proposed Aqjustment(s) to the Owner Utilities,
described in the Original Agreement:
Conflict I —Adjustment of an existing Owner 12 7$ waterline crossing at the intersection
of N. Riverside Drive and IH-820 ftom approximate NTE BL STA 699+93 to STA
701+8 . The existing Owner facilities are in conflict, with the proposed Ci of Fort
Worth Riverside Drive Bridge Construction Project and are to be aqjusted in compii ance
with TxDOTs Utility Accommodation Rules (UA . The adjusted facilities will include
installation, of approximately 192 LF'of 12" CL 350 Ductil(,�Iron water:distributionpipe.
The exish ng facilities that are not being removed during construction, activities are to; be
cut, I
filled w Oth grout, capped and abandoned'in place. See Exhibit C attached hereto and
incorporated herein.
Conflict 33 — Adjustment of an existing Owner 12)) water line crossing on Riverside
Drive from approximate NNE Utility BL STA 701,0+29, to STA 7011+047. The existing
Owner f cilities are in conflict with the proposed City (?f Fort Worth Riverside Drive
Bridge Construction 1 r ject and are to be adjusted in compliance with Tx T's Utility
Or Accommodation Rules (UAR). The adjusted facilities will include installation of
approximately 128'LF of 12"' CL 350 Ductile Iron water distribution pipe. 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.
Coil lice 34—Adjustment of an existing Owner 8" water line crossing on Riverside Drive
.from approximate ATTE Utili L STA 700+10 to STA 701+24., The existing Owner
cilities are in coif ict with the proposed City of Fort Worth Riverside Drive Bridge
Construction ProJect and are to be adjusted in compliance with TxDOT's, Utility
Accommodation Rules (UAR),. The adjusted facilities will include installation of
approximately 124 LF()1'8" CL 3'50 Ductile Iron water distribution pipe. 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.
Coqflict 35'—Adjustment o an existing Owner 8' wastewater line crossing on Riverside
Drive front approximate NNE Utility BL STA 699+97 to STA 701+81. The existing
Owner facilities are in conflict with the proposed City qf Fort Worth Riverside Drive
Bridge Construction Pr(?iecl and are to be adjusted in compliance with TxDOT's Utility
Accommodation Rules (UAR). The adjusted facilities will include installation of
approximatel with T
y 145 LF of 8" CL 3,50 Ductile Iron wastewater,pipe with Prolecto 401
lining. 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.
2 0 11-04-11 N UAAA(Developer Managed)Final Clean Vers ion.DOC
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Texas Department,of Transportation
Form TxDOT-CDA-U-35A-DM-NTE
`age 3 of 8 Rev. 08/26/1
Confl ict 3 6—Adjustment of an existing Owner 8" wastewater lies crossing an Riverside
Dr ve firarrr approximate NTE Utility BL STA 7'00+33 to STA 701+49., The existing
Owner facilities are in conflict with the proposed City of Fort Worth Riverside Drive
Bridge Construction -r o ect and are to be adjusted in, compliance with TxDOT's Utility
Accommodation Rules (UAR). The adjusted fiicilities will include installation of
approximatc�i LF of 8" CL 350 Ductile Iron wastewater pipe with Prote to 401
lining. The existing facilities that are not being removed during construction activities
are to be cut,filled vovit�grout, capped and abandoned ire place. Ste Exh*b*t C attached
hereto and incorporated herein,- and
(b) The Plans, as defined. in Paragraph 1 of the Original iginal 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 Amendment, shall he
submitted upon execution to TxD T in accordance nee with paragraph 2 of the Original.
Agreement, and Paragraph 2 shall apply to this Amendment and the Plans attached hereto
in the sane man r as if this Amendment were the Original Agreement. If the Owner
claims an Existing Interest for any of the Additional Owner Utilities, documentation with
respect to such claim shall he submitted to Tx OT as part of this Amendment and the
attached Plans, in accordance with,Paragraph 15(a)of the Original Agreement.
1.2 Advancement of Funds by Owner for Construction Casts.
(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 ousts, including labor,
material, equipment and other miscellaneous construction items, and (ii) the Owner's and
Design-Build Contraeter"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 any, of the
estimated costs for construction and engineering work to be performed by Design-Build
Contractor under this Amendment, in accordance with the following to s
The ad ustMent of the Owner's Utilities does not require advancement of funds.
The adjustment of the Owners Utilities does require advancement of funds and
the terms agreed to between the Design-Build Contractor and Owner are listed
below.
[Insert terms of adva cc./undi g, to be agreed between Design-Build Contractor and
wner.]
(b) Adjustment Based can Victual Costs or Agreed Sum. For purposes of Paragraph b of
the Original Agreement, the fallowing terms apply to the Additional Owner Utilities and
proposed Adjustment.
[Check the one appropriate provision].,
The Owner is responsible for its share of the esign-Build Contractors actual
cost for the Ad ustment, including any identified Betterment. Accordingly, upon.
completion of all Adjustment cork to be perfon-ned by loth parties pursuant to
this Amendment, i the Owner shall pay to the Design-Build ld, Contractor the
2011-04-11 NTF UAAA(Developer Managed)Final Clean Ver ori. C
Texas Department of Transportation
W Page 4 of 8 Rev. 08/26/10
amount, if any, by which the ,actual cost of the Betterment (as determined
Paragraph 9( plus the actual cost of Owner's share of the Adjustment (based
on the allocation set forth n Exhibits A E), exceeds the estimated cost advanced
by the caner,, or (ii) the Desi a-Build Contractor shall refund to the Owner the
amount, if any, by which such advance exceeds such actual cost, as applicable,
The Agreed Sum is the agreed and final amo unt due, for the Adjustment,
including any Betterment, under this A mendment. Accordingly, no adjustment
(either up or down) of such amount shall be made based on actual costs
1.3 Reimbursement of owner's Indirect Costs, For purposes 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 E, 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. Dace the indirect work is
complete, final payment of the eligible indirect costs will be made. Inten.ediate
payments shall not be construed as final payment for any items included in the
intermediate payment,.
(b) The Owner's indirect costs associated with Adjustment of the Owner Utilities shall be
developed pursuant to the method od checl ed and described below[check on one boy]:
(1) .Actual related indirect costs accumulated in accordance with i) a wort
order accounting procedure prescribed by the applicable Federal or State
regulatory body, or i established accounting procedure developed by the
Owner and which the Owner uses in its regular operations or,
(2) The agreed sum of$ ("Agreed Sum's),as supported by the analysis of
the wner"s estimated costs attached hereto as part of Exhibits. -E.
1.4 Responsibilftv for Costs of Ad*
iustment Work. For purposes of Paragraph 4 of the Original
Agreement, responsibility for the Agreed Sum or Actual Cost, as applicable, of all Aq ustment
work to be performed pursuant to this Amendment shall be allocated between the Design-Build
Contractor and the Owner as identified in Exhibits A hereto and in accordance with §203.0 2,
Texas Transportation Code. An allocation percentage may be determined by application of an
Eligibility Ratio, if appropriate, as detailed. in Exhibits A-E,, provided owev°er, that any portion
of an .,Agreed Sure or Actual Cost attributable to Betterment shell be allocated 100 to the Owner
in accordance with Paragraph 9 of the Original Agreement.
20111-04-11 NTE UAAA(Developer Managed)Final Clean Version.DOC
Texas Department of Transportation
Form TxDOT-CDA-U-35A-DM-NTE,
Page 5 of 8 Rev. 08/26/10
I.5 Betterment.
(a), Paragraph 9(b) (Betterment 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.
E] The Adjustment of the Additional Owner Utilities, pursuant to the Plans as
amended herein, includes Bettennerit to the Additional Owner Utilities by reason
of [insert explanationl e.g "replacing 12?� pipe with 24 J) pipe The
Design-Ruild Contractor has provided to the Owner comparative estimates for
(i) all work to be performed by the Design-Build Contrador pursuant to this
Amendment, including work attributable to the Bettennent, and (ii)l the cost to
perform such work without the Betterment,, which estimates are hereby approved
by the Owner. The estimated cost of the Design-Build Contract is work
under this Amendment which is attributable to Betterment is $ ', calculated
by,subtracting(ii) from (i). The percentage of the total cost of the Desigli-Bijild
Contractor's work under this Amendment which is attributable to Bettennent is
calculated by subtracting (ii) from (i), which remainder is divided by
Vii).
(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 commencement of construction for Adjustment of the Additional Owner Utilities, the
estimated cost attributable to Betterment as set forth in Paragraph 1.5(a) of this
Amendment. If the Owner fails to advance payment to the Design-Build Contractor on
or before the foregoing deadline,, the Design-Build Contractor shall have the option of
commencing and completing(without delay) the Adjustment work without installation of
the applicable Betterment. [Check the one appropriate provision:
El 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 accorctingiy no
adjustment (either up or down) of such amount shall be made based on actual
costs.
The Owner is responsible for the Design-Build Contractor's actual cost for 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-Build Contractor the arnount, if any, by which the actual cost
of the Betten-nent (determined 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 sixty (60) days after the Owner'Is receipt of the Design-Build Contractor's
invoice therefor, together with supportilg documentation- any refund shall be
due within sixty (60) days after completion of the e Ad u work under this
OPP" Amendment. The actual cost of Betterment incurred by the Design-Build
I
Contractor shall be calculated by multiplying(1)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
2011-,04-11 NTE UAAA(Developer Managed)Final Clean Version.DOC
Texas Department of Transportation
Form TxDOT-CD A-U-35A-DM-NTE
Page 6 of 8 Rev. 08/26/10
(including work attributable to the Betterinent), 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 Number" indicated on page I above, on all future
correspondence regarding the Adjustment work that is the subject of this Amendment and
to track separately all costs relating to this Amendment and the Adjust ent work
described herein.
(b) [Include any other proposed amend Tents allowed by applicable law.]
2. Genes
All capitalized terms used in this Amendment shall have the meanings assigned to the
VIX,r- 11
in the Original Agreement, except as otherwise stated herein.
(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 amended hereby, the Original Agreement shall remain in full force and effect.
In no event shall the responsibility, as between the Owner and the Design-Build
Contractor, for the preparation of the Plans and the Adjustment of the Owner Utilities be
deemed to be amended hereby.
(d) This Amendment 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 TxD,O,T's representative, below.
evvl
2011-04-11 NTE LJAAA(Developer Managed)Final Clean Version.130C
Texas Department of Transportations
Fenn Tx.DOT-+FDA- -3 A-Dl's-NTE
Page 7 of 8 Rear.08/26/10
APPROVED BY:.
Design-;build Contractor Developer
Bluebonnet CaMtractors LC NTE Mobift Payers LL C
,r
•
Duly A\tho� ,ze d Signature ] o"sized Signature
Printed Printed
Marne: Jose Carlos Esteban Marne, Steve Hankins,P.E.
Title: CEO Title: coo
' ''
Date. 2 �' � Date.
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Texas Department of Transpportation Owner
City of Tart Worth
By: Z; %aj�_"2'0 r
2A By:
1 0 vv Authorized Signature Duly Author*red Representative
Printed Printed
I' am. onald C. Toner Jr. SR/WA Name: Fernando Costa
Title: Director Strategic P'ra'ects Row Title: Assistant City Manager
Strategic Projects Division
Date: , ' ` �,"�" Date:
FOF7F1(C%vIAL RNICCORD
CITY SECRETAIty
T 0 WORI
oin i I AA 1 1 'I7/.M1C7'11 A A IV N0-1%$-1
Texas Department of Transportation
Form TxDOT-CDA-U-35A-DM-NTE
Page "8 Rev. 08/26/10
Recommen ed for Approval
By:
Pfinted
Name.- S. Frank Crumb,P.E.
Title.- Director,Water Dglartment
Approved as to-form and Legality:
By*-
Printed
Name.- Do as W.,Black
Title". Assistant,_Cily Attorney
0
Attest:
By:
Printed
Name: Mary J. eayser 61W
00
0
0�0
Title: City Secret 00
04
Date- 0
.......... 09 0
h
M&C
No. 50410000 001
,OIFFICIAL RECORD
CITY SECRETARY
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2011-04-11 NTE UAAA(Deve)Onff ManAped)Finqi rir%nn VArc;nn T)nr
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FISCAL
LNIFOR
AON I CER11FICATIO
The Financial n ices Director c rfifies that Ends sre available availablein the current capital
budget, as appropdated, of the Water Capital Projects Fund. �
FUNQ.. K'NT
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ETI ''IC 1
Submitted,for Cltv Ma auees Qffl.c-q b Fernand Costa (6 122)
9-ria Lngfln,gDouglas W. Wiersig (7801)
A401floml 1"f Cqpta-cAmt Dennis Ingram (2294)
,W
Lo e: 20RIVERSIDE DRIVE BRIDG&OVER 1H 820 ,MEND Page
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NOW
Resolution No. 4160 11,201
NOW, EREFO E RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS.
The City Manager r b s designee is au.h fined to execute a Local Project Advance Funding
Agreement with the Tex.as iiepartment, of Transportation '.n an amolunt not to exceed $15,979,614.00
($13,200,000.00 per Resolution 4, 25-0920 2 $2,708,644,.00 per Resolution 41,51-11,-2012, and
$70,970.00 per this Resolution) for the design and construction of the N. Ride Bndge over M-820
Adopted this � day of December 20t2.
wwo,
ATTEST: X-Y4
Mary Kayser, C 4 s cretuy
official'site of the City of Fort Worth,Texas
�Ilvvr FORT WORTH
I ryy
CITY CUUNCIL AGENDA
COUNCIL,ACTION,- Approved on 11/1/2011
DATE, 11/1/2011 REFERENCE NO.: **C-25259 LOG NAME: 60NTEMU'AA
CODE*- C TYPE: CONSENT' PUBLIC NO
HEARING,',
SUBJECT., Authorize a Master Utility Adjustment Agreement Between the City of Fort Worth and
North Tarrant Express Mob,i!lity Partners,: Texas Department of Transportation, and
Bluebonnet Contractors, LLC, for the North Tarrant Express Highway Expansion Project
(COUNICIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Agreement with North Tarrant
Express Mobillity Partners, Texas Department of Transportation, and Bluebonnet Contractors,, LLC,
for the relocation of approximately 714 linear feet of 36-inch water main at the Beach Street and Ili
820 intersection,, within the general HE Loop 820 from IH-35W to Southwestern Railroad (DART or
1700 feet East of State Highway 377) (NTE Segment 1-TXDOT CSJ No. C-00018-14-059) project
limits,, at no cost to the City of Fort Worth.
DISCUSSION:
i
The purpose of this M&C s to enter into a Master Utility Adjustment Agreement MU with North
Tarrant Express Mobility Partners (NTEMP'), Texas Departmentof Transportatio TXDOT)and
Bluebonnet Contractors, LLC, for the relocation of approximately 714 linear feet,of 36-inch water
main along the Beach Street,and Interstate Highway 820 intersection, part of North Tarrant Express
(NTE) Segment 1.
NTE Segment 1 consists of improvements along NE Loop 8,20 from Interstate Highway 35 to
Southwestern Railroad (DART or 1700 feet East of State Highway, 377). NT'E consists of a 1,0 year
Agreement between TX,DOT and NTEM�P to identify and construct proposed highway improvements
to, portions of Interstate Highway 35W, State Highway 183 and Interstate Highway 820 in northern
and eastern Tarrant County. l" TEMP 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 relocations.
Design and construction relocation costs for this IVIUAA will be 100 percent funded by Bluebonnet
Contractors, LLC. The project limits for NTE Segment 1: will include the relocation of additional water
and sanitary sewer mains, which will be designed and nstructedl through future Utility Adjustment
Agreement Amendments, (UAAAs). Such locations include*.
1. Interstate, Highway 820 (East and West Bound) service road from Riverside Drive to Beach
Street
(water and sanitary sewer)
2. Intersection of Interstate Highway 820 and Riverside Drive (sanitary sewer only)
3. Intersection of Interstate Highway 820 and Big Fossil Creek (sanitary sewer only)
4. Intersection of Interstate Highway 35W and Fossil Creek Drive (water only),
5. Intersection of Interstate Highway 35W and Melody Hills Lane (water only)
This project is located in COUNCIL DISTRICT 4, Mapsco 49G, H and 5 0A, E and H.
AIN
FISCAL INFORMATIONMERTIFICATION:
The Financial Management Services Director certifies that this action will halve no: material' effect on
City funds.
TO Fund/Account/Centers FROM Fund Ac unt/Center
s
Subm'lifted for Cily Manager's Office by: Fernando Costa (6 2)
Or'I_q_I*natI*ng_Ike p rtment,Head": S. Frank Crumb (8207)
1
Add"Iflonall Information Contact:, John Kasavich (8480)
----------
ATTACHMENTS
60NTEMU'AA.Map.pdf
I I CITTI% A 101%lot te%
'rsa
Alf
Perm ROW-U-JUAANt:.
rvrelf«9/13/07
Replaces Forms o-1'5-24A and'n-15-80
GSo-EPC
Page 1 of 2
UTILITY JOINT USE ACKNOWLEDGEMENT
REIMBURSABLE UTILITY ADJUSTMENT
-Number: 820- 066-0005
District, forth Worth
Highway: -820
County:Tarrant
WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation
( Tx oT"'), proposes to make certain highway improvements on that section of the above-indicated highway; and
WHEREAS, City of Fort Worth, ("Utility"), proposes to ad uat or, relocate certain of its facilities, if applicabile, arid'
retain title to any property rights it may have on, along or across, and within or over such limits of the highway
right of way as indicated her the location map attached hereto.
I' OIW, THEREFORE, in consideration of the covenants and acknowwledgernents, herein contained, the parties
mutually agree as follows:
It is agreed that joint usage for Thoth highway and utility purposes will he 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 cornpensaole property interest vested in the
Utility within the above e describred area. If the facilities shown in the aforementioned;entione+d plans need to e altered or
_ modified or new facilities 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 TxDOT" promptly. If such alteration, modification or new construction is in conflict with the
current highway or planned future hi hwway improvements, or could endanger the traveling public using said
highway, T c o"T 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 puhl'ic 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 facilities 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 through-traffic roadways or ramps will be allowed by permit issued by the State to the utility setting forth
the conditions for policing 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 through-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 highway, the Utility's rights of ingress and egress
$,,PP1,10 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 UtIflity for any future adjustment, removal or relocation of utility
facilities required by highway construction shall be in accordance with applicable laws of the State of Texas.
rr r/ 1 It 41
is expressly understood that Uti'lity conducts the new installation, adjustment, removal, and/or relocation at its
own risk, and that TxDOT makes no warranties or representations regarding the existence or locatio�n of utilities
currently with n Its right of way.
The Utility and the State, by execution of this Acknowledgement , do not waive 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 VVMREOF,the parties hereto ha�ve affixed their signatures,.
Owner-, City of Fort Worth
Utill Name
.
Authorized Signature
Printed
Name: S.Frank Crumb,P.E.
Title: Director,Water eplartment
Date-
The State of 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*-
e onald C.Toner Jr. Sk/)4
Title: Director—Strategic Projects Right of Way
Strategic Projects Division
Texas Department of Transportation,
OVFICIAL RECORD1
Date: CITy SECRETARY
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To WORTIAs
Initial Date