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Home My WebLink About065013 - Construction-Related - Contract - Tri-County Electric Cooperative Inc.CSC No. 65013 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"). WITNESSETH: 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 install, adjust and/or take protective action on a portion of the Facility (the "Installation"); and WHEREAS, Company has agreed to provide the Installation subject to payment for costs as detailed herein as generally depicted on Attachment "A" 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 Installation, estimated at $371.93 as shown on Attachment "A"; 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 $371.93, the estimated cost for the Installation, based on Attachment A, prior to construction of the Installation; and if the actual costs incurred by Company exceed the estimated cost for the Installation, 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 Installation. Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Pagel of 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 31 197967v.2 AUDIT: Where required for a valid City purpose, 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 directly relating to the Installation for up to two years after the date Company completes the Installation. 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 Installation. 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 Installation 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 Installation 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 Installation. 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 City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 2 of 5 31 197967v.2 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 04/13/2026 Recommended by: Lauren Prieur (Apr 6. 2026 10:26:16 CDT) Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: Lawr m ce- C. Co"fe r Larry Collister Senior Assistant City Attorney Tri-County Electric Cooperative Inc. 6z"aly'a" Micheal Hess Lighting Manager Date: 04/06/2026 Qd9aann d F FORT�00 °lo9�d Attest: ono os; M&C: NA �a.n.nczz QaaIl nEXA5o4a Date: Jannette Goodall 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 3 of 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 31 197967v.2 Attachment A PROJECT CONSTRUCTION ESTIMATE i i DESIGNED FOR CITY OF FORT WORTH PROJECT4: PT48292 PROJECT NAME FORT "WORTH 12795 BEACH ST N INSTALLATION ASSEMBLY STATUS DESCRIPTION STY MATERIALCOST I/DTXU Install conn<icTan- IN TWLEX SECCN04RY VQ 51 123,71 SUBTOTAL- 123.71 TOTAL COSTS STAKED 8Y; Oalla5 FIIneY DE51GN oATf;.: 0111alms CONSTRUCTION COST UNIT COST 243,27 5 371-93 S 242.22 $ 371.93 Total Materlai Cast: 5 1?3.71 Tmal Construction Casr +� & Total Project Costs: �, 37L93 Mi5cellaneou5 Sales: S moo Mlstellaneaus Credit: 000 Sub Total: $ 371.93 Tvtai Tam: 39.68 61RANn TGTAU S 402..62 THIS COST ESTIMATE 15 GOOD FOR 90 i3V5. EXPIRATION: 941W2026 Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 4 of 5 1 31197967v.2 TRl-COUNTY ELECTRIC COOPERATIVE a Fleld Servlcm 817-752-8172 TU: PROILCTfl: PT48292 aTY OF FORT WORTH GATE 93i15JZ026 EXPIRES: 04/15/1016 BY: Samantha 12.73& BEACH ST JOB COSTS Project Casts: e 371-93 Misr:ellaneatrs Sales: $ 0.00 Total C"s: S 3YL93 JOB CREDITS Miscellaneous Credit: Tvtat Cost: Tax: Expiro� Gn Aphl 15, 2l)26 5 0.00 5 371.93 5 30.69 Grand Toll 5 402.62 Cost Estimate TYPE PRE SJC SEC CONS POLES TRANSF LIGHTS METERS IN$TAL1 OH I1 u a D d 1a u INSTALL LHG D 0 4a 1 RETIRE CH u n 0 D t7 CI n RETIRE LEG D 0 i1 D AYLE 611ANIIURY KE LI_E R SEYMOUR 600 N W Parkway 162a Weatherford Wwy 4900 Keller }9Kk5 Rd 40 North Eriairi Street Axit. TM 7K20 Gr2nbwry, Tn, 76040 Keller, tX 76244 5eyn,•our. TX 76380 THIS COST ESTIMATE 15 GOOD FOR 90 DAYS. EXPIRATION: 04115/2026 Utility Agreement City of Fort Worth & Tri-County Electric Cooperative Inc. Attachment A Relocations Page 5 of 5 2 31197967v.2 105374-Utility Agreement with Tri-County Electric Cooperative Inc. for the 105374: N Beach St & Champions View Pkwy Traffic Signal Project (Power) Interim Agreement Report 2026-04-03 Created: 2026-04-03 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Out for Signature Transaction ID: CBJCHBCAABAAHwD3vszfZF94joK8QMR1dgcZQOKTCbQF Agreement History Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete. "105374-Utility Agreement with Tri-County Electric Cooperative I nc. for the 105374: N Beach St & Champions View Pkwy Traffic Signal Project (Power)" History Document created by Andrea Munoz (Andrea. M u noz@fortworthtexas.gov) 2026-04-03 - 1:37:42 PM GMT- IP address: 204.10.90.100 Document emailed to Fanta Kaba (fanta.kaba@fortworthtexas.gov) for filling 2026-04-03 - 1:49:11 PM GMT Document emailed to Micheal Hess (mhess@tcectexas.com) for signature 2026-04-03 - 1:49:12 PM GMT Document emailed to Sophia Flores (sophia.flores2@fortworthtexas.gov) for filling 2026-04-03 - 1:49:12 PM GMT Mho Email viewed by Micheal Hess (mhess@tcectexas.com) 2026-04-03 - 1:49:24 PM GMT- IP address: 72.153.153.17 ik Document shared with Alexandra Ripley(alexandra.ripley@fortworthtexas.gov) by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2026-04-03 - 1:50:43 PM GMT- IP address: 204.10.90.100 FORTWORTH.. `-`dby Adobe Acrobat Sign DOCUMENT TITLE: M&C: N/A FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department Utility Agreement with Tri-County Electric Cooperative Inc. for the 105374: N Beach St & Champions View Pkwy Traffic Signal Project (Power) CPN: 105374 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Fanta Kaba, Project Manager TPW Fr-K 04/03/2026 2. Micheal Hess, Vendor Vendor MM 04/06/2026 3. Sophia Flores TPW SF 46 04/03/2026 4. Lauren Prieur TPW XJCP Lauren POW,, 04/06/2026 5. Larry Collister Legal LC LC 04/08/2026 6. Jesica McEachern CMO ( 04/13/2026 7 Jannette Goodall CSO „ 04/13/2026 8 TPW Contracts TPW 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: 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, Jay 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: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(i�fortworthtexas.eov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tri-County Electric Cooperative Inc. Subject of the Agreement: Utility Agreement with Tri-County Electric Cooperative Inc. for the 105374: N Beach St & Champions View Pkwy Traffic Signal Project (Power) M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 105374 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.