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HomeMy WebLinkAboutContract 62792Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 1 of 7 31197967v.2 CONSTRUCTION UTILITY AGREEMENT CITY OF FORT WORTH, TEXAS – North Beach Street & Champions View Parkway Traffic Signal Project 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”). W I T N E S S E T H: WHEREAS, Company owns and operates street lights and electrical services (the “Facility”) in Tarrant County, Texas; and WHEREAS, City is participating in the North Beach Street & Champions View Parkway Project (“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 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 pay Company for the costs and expenses for the Construction of the Relocation, estimated at $20,960.91 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 $20,960.91, the estimated cost for the Relocation, based on Attachment B, prior to construction of the Relocation; and if the actual costs incurred by Company exceed the estimated cost for the Relocation, City agrees to pay such difference to Company within 30 days after receipt of an invoice for such costs. 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. AUDIT: Where required for a valid City purpose, City shall have the right, upon reasonable Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 2 of 7 31197967v.2 notice and during normal business hours, to audit and obtain copies of the books, records, and accounts of Company directly relating to the Relocation for up to two years after the date Company completes the Relocation. Company shall have the right to place reasonable confidentiality restrictions on any information or documents obtained by City. COMPANY LIABILITY AND INDEMNIFICATION: Company shall be liable for claims and costs resulting from the negligent activities of Company employees, agents and/or contractors in connection with the Relocation. 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 third-party claims resulting from loss of life or damage or injury to persons or property directly resulting from the work performed by Company in connection with the Relocation to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Company or its agents. 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. TERMINATION: This Agreement shall terminate upon the later of the completion date of the Relocation or the date of payment of any final reimbursement by the City. The audit rights and indemnification obligations described herein shall survive termination for a period of two years after the completion date of the Relocation. 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 Utility Agreement Cityof Fort Worth & Tri-CountyElectric Cooperative Inc. Attachment A Relocations Page 3 of 7 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-CountyElectric Cooperative Inc. Jesica McEachern Micheal Hess Assistant City Manager Lighting Manager Date: Date: Recommended by: Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: Douglas W. Black Assistant CityAttorney Attest:M&C: NA Date: JannetteGoodall City Secretary Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Lissette Acevedo Title: Senior Capital Projects Officer Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 4 of 7 31197967v.2 ATTACHMENT A Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 5 of 7 31197967v.2 ATTACHMENT B Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 6 of 7 31197967v.2 Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 7 of 7 31197967v.2 Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Utility Agreement with Tri-County Electric Cooperative Inc. for the 105374: N Beach St & Champions View Pkwy Traffic Signal Project M&C: N/A CPN: 105374 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Fanta Kaba, Project Manager TPW 2. Micheal Hess, Vendor Vendor 3. Leonel Rios TPW 4. Lauren Prieur TPW 5. Doug Black Legal 6. Jesica McEachern CMO 7 Jannette Goodall CSO 8 TPW Contracts TPW 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY ATURE: All documents received from any and all 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 No RUSH: YES No SAME DAY: YES No NEXT DAY: YES No ROUTING TO CSO: YES No Action Required: Attach Signature, Initial and Notary Tabs As Requested For Your Information Signature/Routing and or Recording Comment File Return To: Please notify TPWContracts@fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!