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Home My WebLink AboutContract 62126CSC No. 62126 CONSTRUCTION REIMBURSEMENT AGREEMENT CITY OF FORT WORTH, TEXAS — Ray White Road Widening Improvements THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), by and through its duly authorized assistant city manager, and Tri-County Electric Cooperative, Inc., authorized to do business in Texas ("Company"). WITNESSETH: WHEREAS, Company owns and operates an Electrical Power Delivery (the "Facility") in Tarrant County, Texas; and WHEREAS, City is widening Ray White Road between Mirage Drive and the Big Bear Creek Bridge ("Project") as depicted on Attachment "A" and City has requested that Company reroute, adjust and/or take protective action on a portion of the Facility (the "Relocation"); and WHEREAS, Company has agreed to provide the Relocation services subject to payment for relocation costs as detailed herein as generally depicted on Attachment "B" attached hereto and made a part hereof; and WHEREAS, City has agreed to reimburse Company for the costs and expenses for the Construction of the Relocation, estimated at $11,364.00 as shown on Attachment "B"; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Company as follows: RECITALS: The recitals, above, are incorporated into this Agreement insofar as they contain material elements germane to the Parties. REIMBURSEMENT BY CITY: A. City agrees to pre -pay Company $11,364.00, the estimated cost for the Relocation, based on Attachment B; and if the actual costs exceed the estimated cost for the Relocation, City agrees to pay such difference to Company. B. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of City for which the City is obligated to levy, pledge or collect any form of taxation. INGRESS AND EGRESS: City hereby grants to Company the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable and/or necessary for Company to perform the Relocation. Reimbursement Agreement OFFICIAL RECORD City of Fort Worth & Tri-County Electric Cooperative, Inc. CITY SECRETARY Ray White Road Widening Improvements FT. WORTH, Tx Page l of 5 31197967v.2 AUDIT: City shall have the right, upon reasonable notice and during normal business hours, to audit and obtain copies of the books, records, and accounts of Company relating to the Relocation for up to two years after the date Company completes the Relocation. COMPANY LIABILITY AND INDEMNIFICATION: Company shall be liable for and shall promptly and fully compensate City for liabilities, claims and costs resulting either from the negligent activities of Company employees, agents and/or contractors or from spillage or discharge of petroleum products or other hazardous substance from the Pipeline. Company agrees to indemnify and hold harmless the City, its officers, agents and employees, against and from any and all liability, loss and expense and shall defend all claims resulting from loss of life or damage or injury to persons or property directly or indirectly resulting from the work performed by Company to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents or arises out of or in connection with the Relocation Services. As a necessary condition for such indemnity to be enforceable against Company: (i) Company shall be notified in writing promptly of any and all claims, liability, loss and expense for which City seeks indemnification from Company, and (ii) Company shall have sole control of the defense of any and all claims, liability, loss and expense and all negotiations for their settlement or compromise. NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company, and neither the City nor Company intends by any provision of this Agreement to create any rights in any third -party beneficiaries or to confer any benefit or enforceable rights, under this Agreement or otherwise, upon anyone other than the City and Company. VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. ENTIRETY OF AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. SIGNATURE PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth & Tri-County Electric Cooperative, Inc. Ray White Road Widening Improvements Page 2 of 5 31197967v.2 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH Tri-County Electric Cooperative, Inc. Jesica McEachern Wes Sh Assistant City Manager COO/VP of Operations Date: Oct 16, 2024 Date: 8/26/2024 Recommended by: A I auren Prieur (Oct 6, 202413:05 CDT) Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: f� Douglas Black (Oct 8, 202411:52 CDT) Douglas W. Black Assistant City Attorney °a ° O Attest: 0 9-'o M&C: N/A ova o=a �pd*'oo a aEaASdpb Date: N/A Jannette Goodall City Secretary Reimbursement Agreement OFFICIAL RECORD City of Fort Worth & Tri-County Electric Cooperative, Inc. Ray White Road Widening Improvements CITY SECRETARY Page 3 of 5 FT. WORTH, TX 31197967v.2 ATTACHMENT A POR(? IF L-,7 L P 17 N R I A N 13 > B F AK 'AMROSE ST CYAL LYsrkAhi-f;Lr "'"fC41LOOK SIF i��AM B4A T ER PINELLAS NVE E CHAT 5 Vi 0 RT ti N C < E. OSDEN AVE I P Ic z z A. F LIJ-�', �HE C 7 HE; 6 VER RC- BQNAN7A,T -z CL F- ej% 6 FRT III k3R.WT F-C �FOREST Fr- 'D A. 0 A�ALLDR 0 RCHL-R -&S- A) 1. "Li FC'E A Ll R I z" KFZoGF-R D-R Reimbursement Agreement City of Fort Worth & Tri-County Electric Cooperative, Inc. Ray White Road Widening Improvements Page 4 of 5 31197967v.2 PROJECT CONSTRUCTION ESTIMATE DESIGNED FOR LECTRI PROJECT#: 105944 STAKED BY: Danny Mitchell PROJECT NAME: INSTALL CONCRETE POLE STRUCT 55298 DESIGN DATE: 08/28/2024 INSTALLATION ASSEMBLY STATUS DESCRIPTION CITY MATERIAL COST LABOR COST UNIT COST C7 SINGLE 30 DEADEND ASSEMBLY 8" 3-WIRE XAR Install 2 $ 1,427.66 $ 924.45 $ 2,352.11 M2-11 GROUNDING ASSEMBLY GROUND ROD TYPE W/ #4 Install 1 $ 76.79 $ 134.37 211.16 $ P60C POLE -60 FT CONCRETE ENGINEERED SELF-SU Install 1 $ 5,766.12 $ 2,552.53 8,318.65 $ SUBTOTAL: $ 7,270.58 $ 3,611.35 $ 10,881.92 TOTAL COSTS Total Material Cost: $ 7,270.58 Total Labor Cost: $ 3,611.35 Total Construction Costs: $ 10,881.92 Miscellaneous Sales: $ 482.08 Miscellaneous Credit: $ 0.00 Sub Total: $ 11,364.00 Total Taxes: $ 0.00 GRAND TOTAL: $ 11,364.00 THIS COST ESTIMATE IS GOOD FOR 90 DAYS. EXPIRATION: 12/18/2024 1 TRI-COUNTY ELECTRIC COOPERATIVE rL Field Services: 817-752-8172 �. CTR1 TO: FOR: JOB COSTS Construction Costs: Miscellaneous Sales: JOB CREDITS Miscellaneous Credit: Total Cost: Tax: Expires On: December 18, 2024 PRO1 ECT #: DATE: EXPIRES: BY: Total Costs: Grand Total 105944 09/19/2024 12/18/2024 Amy $ 10,881.92 $ 482.08 $ 11,364.00 $ 0.00 $ 11,364.00 $ 0.00 $ 11,364.00 Cost Estimate TYPE PRI SVC SEC CONS POLES TRANSF LIGHTS METERS INSTALL OH 0 0 0 0 1 0 0 0 INSTALL UG 0 0 0 0 RETIRE OH 0 0 0 0 0 0 0 0 RETIRE UG 0 0 0 0 ALEDO AZLE GRANBURY KELLER SEYMOUR 200 Bailey Ranch Rd 600 N W Parkway 1623 Weatherford Hwy 4900 Keller Hicks Rd 419 North Main Street Aledo, TX 76008 Azle, TX 76020 Granbury, TX 76048 Keller, TX 76244 Seymour, TX 76380 THIS COST ESTIMATE IS GOOD FOR 90 DAYS. EXPIRATION: 12/18/2024 2 103270-CNRA-Ray White Road Reimbursement Agreement for Tri-County Electric Final Audit Report 2024-09-25 Created: 2024-09-25 By: Andrea Munoz (Andrea. M unoz@fortworthtexas.gov) Status: Filled Transaction ID: CBJCHBCAABAA111R8euMg1pFvMOUS8ZEPV84W_dVe8fd "103270-CNRA-Ray White Road Reimbursement Agreement for Tri-County Electric" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-09-25 - 8:41:22 PM GMT- IP address: 204.10.90.100 Form filling automatically delegated to Jaylyn Harrelson (Jaylyn.Harrelson@fortworthtexas.gov) by Wendi Hedlund (wend i.hedlund@fortworthtexas.gov) 2024-09-25 - 8:42:54 PM GMT Document emailed to Wendi Hedlund (wendi.hedlund@fortworthtexas.gov) for filling 2024-09-25 - 8:42:54 PM GMT Document emailed to Jaylyn Harrelson (Jaylyn.Harrelson@fortworthtexas.gov) for filling 2024-09-25 - 8:42:54 PM GMT &Q Form filled by Wendi Hedlund (wendi.hedlund@fortworthtexas.gov) Form filling Date: 2024-09-25 - 9:13:39 PM GMT - Time Source: server- IP address: 204.10.90.100 Q Agreement completed. 2024-09-25 - 9:13:39 PM GMT FORTW❑RTHg I Paw m"Y Adobe Acrobat Sign FORT WORTH,. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Ray White Road Reimbursement Agreement for Tri-County Electric M&C: N/A Date: 9/25/2024 To: Name 1. Wendi Hedlund — Bus Sup. 2. Alejandra Ayala 3. Raul Lopez 4. Lissette Acevedo 5. Patricia Wadsack 6. Lauren Prieur 7. Doug Black 8. Jesica McEachern 9. Jannette Goodall 10. TPW Contracts CPN: 103270 CSO: Department TPW — Initial TPW - Initial TPW - Initial TPW — Initial TPW — Initial TPW — Initial Legal — Signature CMO- signature CSO - signature DOC#: Initials U-�V A,rZnvd via A�iloft. ID: 1436 DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(o�fortworthtexas.aov at ext. 7233 for pick up when completed. Aleiandra.Avala(a)fortworthtexas.aov email executed document when completed.