HomeMy WebLinkAboutContract 45504 Cl=TYSECOLA! b,, I
CONFIDENTIAL
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
UTILITY ADJUSTMENT AGREEMENT
THIS AGREEMENT, by and between Tri-C ounty Electric Cooperative, Inc. and
the City of Fort'Forth, hereinafter respectfully referred to as "TC EC" and "CITY",
'Y",
is as follows:
WHEREAS, the CITY proposes to make certain roadway improvements on a
section of forth Riverside Drive,e, a.k a. Old Denton lead, between Heritage
Trace Parkway and Golden Triangle Blvd.; and,
WHEREAS,H REAS, TC C proposes to retain, locate, relocate, adjust, bury, place
underground, and improve certain of its electrical distribution facilities and retain
title to any property rights and/or easements it may have adjacent, along, over,
under and across or within such limits of the roads right-of-way; and,
WHEREAS, the CITY` has notified TCEC that certain of its facilities and
appurtenances are in location, l conflict with the CITY's improvements and CITY
hay requested that TC EC undertake the necessary and mutual'ly agreed to
adjustment(s) to accommodate the CITY, and
WHEREAS, TC EC recognizes that time is of the essence in completing the work
and adjustments contemplated herein- and
WHEREAS, the CITY and TCEC desire to implement the adjustments and wort �
of TC ECG by entering into this AGREEMENT; and, �
NOW', THEREFORE, in consideration of these premises and of the mutual
covenants and agreements of the parties hereto and other good and valuable
I
consideration, the receipt and sufficiency of which is being hereby
acknowled ged, the CITY and TC C agree as follows: `
1. TCEC hereby reel to perform its construction and work necessary t o 1
adjust its facilities in good and workmanlike manner, TC EC agrees to <<
coordinate its work with the CITY. l
2. TC EC may utilize� i t� n employees, or may retain and use such Il
contractor or contractors as are necessary to make its adjustments.
3. TC EC will obtain all necessary permits for the construction to be
;
performed by TC ECG and CITY will cooperate with "TC EC in the process as
needed.
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4, CITY will expeditiously stake the survey of the proposed locations of the
areas needed by TCEC, and cooperate with TCEC as survey stakes are
requested, at no cost to TCEC.
5. TCEC will relocate and/or adjust its facilities currently located in CITY
right-of-way I if not covered by an easement, in like bind, at TCEC's
expense, unless CITY requests TCEC to place overhead facilities
underground, in private easements granted to TCEC. $11103,952-39
6. CITY will make, payment to TCEC in the amount of A�__JL"t do.W,10, for t h e
burial of its existing overhead electric facilities currently located in CITY
right-of-way or in private easement(s) prior to TCEC commencing its work
or ordering any material for the placement of the existing overhead or
aerial electric lines underground with associated pad or surface mounted
appurtenances. Said payment is non-refundable. All TCEC underground
facilities will be placed in private easements, except incidental road
crossings, granted to TCEC prior to the commencement of construction.
7. Upon request, TCEC will provide CITY with an invoice for the amount due
in a
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8. Both parties hereto shall retain ownership of their respective facilities at all
times.,
9. This AGREEMENT does not in any way and shall not be construed to
create a principal/agent or joint venture relationship between the parties
hereto and under no circumstances shall the CITY or TCEC be considered
as or represent itself to be an agent of the other.
10.This AGREEMENT embodies the entire agreement between the parties
and there are no oral or written agreements between the parties or any
representations made which are not expressly set forth, herein.
11. Time is of the essence in the performance of this AGREEMENT. Neither
the CITY nor TCEC shall be liable to the other for any delay in
performance under this AGREEMENT from any cause beyond its control
and without its fault or negligence, such as acts, of God, acts of civil or
military authority, f'ire, earthquake, strike, unusually severe weather,
floods.
12.The CITY and TCEC each represents and warrants to the other party that
warranting party possesses the legal authority to enter in to this
AGREEMENT to exercise that authority and to lawfully authorize its
undersigned signatory to execute that AGREEMENT and to bind such
party to its terms.
13.The parties acknowledge that the timely completion of the contemplated
work will be influenced by the ability of TCEC, and its contractors and the
CITY to coordinate their activities, communicate with each other, and
respond promptly to reasonable requests.
14.This AGREEMENT may be executed in counterparts and each
counterpart hereof will be deemed to be an original instrument but all such
counterparts together will constitute one and the same instrument.
15.This AGREEMENT shall become effective upon the later of the date of
signing by the last party, either TCEC or CITY, signing this AGREEMENT.
TCEC—CFW UAA Old Denton Rd. P. 2
16.Each party to this Agreement mutually understands, acknowledges, and
recognizes that third party landowner(s) play a critical role in the
placement of the proposed underground TCEC electric facilities and that
said role could increase the costs, engineering, and/or design and'
construction of the proposed underground electric infrastructure.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures:
TRI-COUNTY ELECTRIC COOPERATIVE, INC.
By:
Title: 1q,4A14Zt:x
Print Name.-
Date:
CITY OF FOiRT WORTH
By,
Title: Assistant City Manager
Print Name.- Fernando Costa
Date'.
REC, Iii M'ENDED BY:
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Douglas Wiersig, PE
Director, Transportation and Public Works Department
APPROVED AS TO FORM AND EGALI TY., ATT,1E,�,. T, .*
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Douglas W Black M ry J. Kayser
Assistant City Attorney city Se
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/10/2013
DATE: Tuesday,December 10, 2013 REFERENCE NO.: C-26597
LOG NAME: 200LD DENTON TRI COUNTY
SUBJECT:
Authorize Execution of a Utility Adjustment Agreement and Payment to Tri—County Electric Cooperative,
Inc.,in the Amount of$1,220,840.83 for the Relocation of Approximately 6,600 Feet of Overhead Wire to
Underground Facilities that are Located Along Old Denton Road(COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of
a Utility Adjustment Agreement and payment to Tri—County
Electric Cooperative,Inc.,in the amount of$1,220,840.83 for the
relocation of approximately 6,600 feet of overhead wire to
underground facilities that are located along Old Denton Road.
DISCUSSION:
Tax Increment Reinvestment Zone Number 7(TIF 7)has funded
the Old Denton Road project from Heritage Trace Parkway to
Golden Triangle Boulevard and has requested the utilities be
placed underground. They have agreed to include the cost of that
underground relocation work in the scope for which they are
providing funds.A Utility Adjustment Agreement with
Tri—County is required along with payment in the amount of
$132201840.83.
The TIF 7 Board of Directors has approved funding for Old
Denton Road from North Tarrant Parkway to Golden Triangle
Boulevard in the amount of$10,400,000.00. This funding source
will be utilized to cover the costs associated with the Tri—County
Utility Adjustment Agreement.
This project is located in COUNCIL DISTRICT 4,Mapsco 21L,
21Q,21U and 21Y.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds
are available in the current capital budget, as appropriated, of the
Specially Funded Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 541200 202230172472 $1.220.840.83 �"
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating-Department Head: Douglas W.Wiersig (7801)
Additional Information_.. ontact: Mike Bennett (79 10)
ATTACHMENTS
1. 20old denton rd gt--htD+01724 man FAR-00014.-df
2. 20OLD DENTON RD GT--HTP 01724 MAP. df
3. 029.1 541200 01724.doex
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