HomeMy WebLinkAboutC2014-254 - 6/26/2014 - NA Zam.
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Form ROW-U-35
(Rev.03/13)
Page 1
i
STANDARD UTILITY AGREEMENT
U-Number: 14214
District: Corpus Christi County: Nueces
Federal Project No.: STP 2013(936)MM Highway: FM 2444
ROW CSJ: 2343-01-037 From: SH 286
Highway Project Letting Date: 8/6/2013 To: OSO Parkway Intersection
This Agreement by and between the State of Texas, acting by and through the Texas Transportation
Commission, ("State"), and City of Corpus Christi, ("Utility"), acting by and through its duly authorized
representative, shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS,the State has deemed it necessary to make certain highway improvements as designated by the
State and approved by the Federal Highway Administration within the limits of the highway as indicated above;
WHEREAS,the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of
certain facilities of Utility as indicated in the following statement of work: removal of approximately 2,600 LF of
existing 16" PVC waterline and appurtenances from highway station 131+35 to station 156+55 and 43 LF of
existing 12" PVC waterlines and appurtenances at highway station 131+65; installation of approximately 2,600 LF
of new 16" PVC waterline and appurnances from highway station 131+35 to station 156+56 including a new 30"x
113' derctional drilled steel encasement crossing at Kitty Hawk Drive at highway station 131+47. New 16" PVC
water construction includes system reconnections. Minimum depth of cover shall be 4'; ; and more specifically
shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment"A".
WHEREAS,the State will participate in the costs of the adjustment, removal, and/or relocation of certain facilities
to the extent as may be eligible for State and/or Federal participation.
WHEREAS,the State, upon receipt of evidence it deems sufficient, acknowledges Utility's interest in certain
lands and/or facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its
facilities located upon the lands as indicated in the statement of work above.
NOW,THEREFORE, BE IT AGREED:
The State will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to
the amount said costs may be eligible for State participation.
All conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility,
the development and reimbursement of costs, any environmental requirements, and retention of records will be in
accordance with all applicable federal and state laws, rules and regulations, including, without limitation,the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§4601, et seq.,
the National Environmental Policy Act, 42 U.S.C. §§4231, et seq., the Buy America provisions of 23 U.S.C. §
313 and 23 CFR 635.410, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645,
Subpart A, and with the Utility Accommodation provisions of 23 CFR 645, Subpart B. Utility shall supply, upon
request by the State, proof of compliance with the aforementioned laws, rules and regulations prior to the
commencement of construction.
The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect
costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's
approval, accumulate actual direct and related indirect costs in accordance with an established accounting
procedure developed by Utility. Bills for work hereunder will be submitted to State not later than 90 days after
completion of the work. ,f
2014-254
G c�
6/26/14 I itiai Date
TXDOT
INDEXED
T # ' a '
Form ROW-U-35
(Rev.03/13)
Page 2
When requested,the State will make intermediate payments at not less than monthly intervals to Utility when
properly billed and such payments will not exceed 80 percent(80%)of the eligible cost as shown in each such
billing. In addition, the State will make a payment, before audit, which will bring the total percentage paid to the
Utility up to the 90%eligible cost. Intermediate payments shall not be construed as final payment for any items
included in the intermediate payment.
Alternatively, State agrees to pay Utility an agreed lump sum of$NIA as supported by the attached estimated
costs. The State will, upon satisfactory completion of the adjustments, removals, and/or relocations and upon
receipt of a final billing, make payment to Utility in the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to
perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion
date. The completion date shall be extended for delays caused by events outside Utility's control, including an
event of Force Majeure,which shall include a strike,war or act of war(whether an actual declaration of war is
made or not), insurrection, riot, act of public enemy, accident,fire, flood or other act of God, sabotage, or other
events, interference by the State or any other party with Utility's ability to proceed with the relocation, or any
other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events
are beyond the control and without the fault or negligence of Utility.
The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing
prepared in an approved form and manner, make payment in the amount of 90 percent(90%)of the eligible costs
as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the
reimbursement amount found eligible for State reimbursement.
Unless an item below is stricken and initialed by the State and Utility,this agreement in its entirety consists of
the following:
1. Standard Utility Agreement;
2. Plans, Specifications, and Estimated Costs(Attachment"A");
3. Utility's Accounting Method (Attachment"B");
4. Utility's Schedule of Work and Estimated Date of Completion (Attachment"C");
5. Statement Covering Contract Work—ROW-U-48 (Attachment"D");
6. Eligibility Ratio (Attachment"F");
7. Betterment Calculation and Estimates(Attachment"G");
8. Proof of Property Interest—ROW-U-1 A, ROW-U-1 B, or ROW-U-1 C (Attachment"H");
9. Inclusion in Highway Construction Contract(if applicable) (Attachment"I"); and
10. Utility Joint Use Acknowledgment—ROW-U-JUA(Attachment"E").
All attachments are included herein as if fully set forth. In the event it is determined that a substantial change
from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to
costs covered by a modification or amendment of this agreement or a written change or extra work order
approved by the State and Utility.
This agreement is subject to cancellation by the State at any time up to the date that work under this agreement
has been authorized and that such cancellation will not create any liability on the part of the State.
The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under
this contract or indirectly through a subcontract under this contract.Acceptance of funds directly under this
contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State
Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection
with those funds.An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
The Utility by execution of this agreement does not waive any of the rights which Utility may have within the
limits of the law.
S //ill
Initial Date
1 ; • 4, , ` /
Form ROW-U-35
(Rev.03/13)
Page 3
It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that
TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its
right of way.
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY EXECUTION RECOMM • ' D:
Utility:
Ci ,of Cor•us _:..r3n. xas
Al-L= of utib. — District Engin r, orp •" risti District*
By /t.: /.Is�� '�I
•
v.
THE STATE OF TEXAS
�ii(�.. t ` l,-�O Executed and approved for the Texas
Print or Type Name Transportation Commission for the purpose
Title: C'4 and effect of activating and/or carrying out the
VIL< 2 r orders, established policies or work programs
heretofore approved and authorized by the
Date: / 24 l//1 4 Texas Transportation Commission.
By:
55"1/2--755<Th **
Date: 2—/t -- 2_0/ y
*For locally-executed agreements,ROW Administrator recommends execution;otherwise District Engineer(or designee).
**For locally-executed agreements,District Engineer(or designee)approves and executes;otherwise ROW Division Director.
Initial Date
ii ►
1 k
•
ATTACHMENT "A"
Plans, Specifications, and Estimated Costs
® Estimated cost (No Betterment)
Estimated cost (Betterment)
Attachment "A"
STANDARD AGREEMENT COST ESTIMATE
U-NUMBER: U 14214
UTILITY: City of Corpus Christi
HWY: FM 2444
ROWCSJ: 2343-01-037
Item i. Unit
Estimated Costs
No. QTY Unit Price Amount
# $ $
1 Project Manager HRS 223 5 165.00 $ 36,795.00
2 Staff Engineer HRS 379 5 75.00 $ 28,425.00
I.
3 CAD Tech I HRS 140 $ 90.00 5 12,600.00
g) 4 Office Tech HRS 78 5 60.00 $ 4,680.00
SUBTOTAL ENGINEERING SERVICES $ 82,500.00
1 16"C905 PVC Waterline LF 2,464 $ 59.40 $ 146,361.60
2 16"D.I.Pipe(Class 350) LF 199 $ 99.00 $ 19,701.00
3 16"Gate Valve EA 8 $ 3,759.50 $ 30,076.00
4 Valve Box EA 8 $ 250.00 $ 2,000.00
4 5 16"Tee EA 3 $ 990.00 $ 2,970.00
6 16"90 Deg bend EA 1 $ 990.00 $ 990.00
N 7 16"Plug EA 1 $ 247.50 $ 247.50
8 16"x12"Tee EA 1 $ 1,237.50 $ 1,237.50
9 16"x8"Reducer EA 1 $ 1,237.50 $ 1,237.50
10 16'x2"Tapping Saddle EA 1 $ 990.00 $ 990.00
SUBTOTAL MATERIALS $ 205,811.10
1 Superintendent HR 600 $ 44.75 $ 26,850.00
0 2 Foreman HR 600 $ 25.00 $ 15,000.00
q 3 2 Operators HR 960 $ 18.50 $ 17,760.00
4 2 Pipelayers HR 1200 $ 13.75 $ 16,500.00
5 2 Laborers HR 1200 5 12.00 $ 14,400.00
SUBTOTAL CONTRACT LABOR $ 90,510.00
I N/A 0 $ - $ -
3 2 0 $ - $ -
b
3 0 $ - $ -
;; 4 0 $ - $ -
c
0 5 0 $ - $ -
1 2 CAT 325 Excavators DAY 120 $ 1,227.00 $ 147,240.00
2 CAT 924 Loader DAY 60 $ 873.00 $ 52,380.00
m
'c 3 10 Yard Dump Truck DAY 60 5 873.00 $ 52,380.00
9 4 Crew Cab Pick Up 4x4 DAY 60 $ 184.00 5 11,040.00
5 Pipe Trench Safety DAY 60 $ 108.10 $ 6,486.00
SUBTOTAL EQUIPMENT $ 269,526.00
z I N/A 0 $ - $ -
O
2 0 $ - $ -
3 0 $ - $ -
2 4 0 $ - $ -
n 1 10%City Overhead EA I $ 56,584.71 $ 56,584.71
2 N/A
EA 0 $ - $
3 N/A EA 0 $ - $ -
w SUBTOTAL OVERHEAD $ 56,584.71
6
TOTAL PROJECT COST $ 704,931.81
NOTE:THE FEE/COST ITEMIZATION SHOWN ON THIS FORM IS AN ESTIMATION. MANHOURS,EQUIPMENT AND COSTS MAY VARY DURING
THE ACTUAL DESIGN AND CONSTRUCTION OF THE PROPOSED WORK.
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ATTACHMENT "B"
Utility Accounting Method
® Actual Cost Method of Accounting
The Utility agrees to develop relocation or
adjustment costs by accumulating actual direct
or related indirect costs in accordance with a
work order accounting procedure prescribed by
the Federal or State regulatory body.
Lump Sum Method of Accounting
Utility proposes to request reimbursement based
on an agreed lump sum amount supported by a
detailed cost analysis.
Alternate Method of Accounting
With the State's approval, the Utility
accumulates costs under an accounting
procedure developed by the Utility.
Sr • '. v 'I p
J
ATTACHMENT "C"
Utility's Schedule of Work and Estimated Date of
Completion
Estimated Date to begin: September 2, 2014
Estimated Date of completion: November 3, 2014
Estimated number of days: 60
ATTACHMENT "D"
Statement Covering Contract Work
® Form ROW-U-48 attached hereto.
Work to be done by Utility forces,
Form ROW-U-48 is not applicable.
„'
t
_,.,- STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK
(AS APPEARING IN ESTIMATE)
form ROW-U-48
(Rev.06112)
Page 1 of 1
U-Number: 14214
ROW CSJ Number: 2343-01-037 District: Corpus Christi
County: Nueces Highway No.: FM 2444
Federal Project No.: SW 2013(936)MM
I, 'qv/7a II 1.. • O/.or! ,a duly authorized and qualified representative of
City of Corpus Christi ,hereinafter referred to as Owner,am fully cognizant of the
facts and make the following statements in respect to work which will or may be done on a contract basis as appears in the
estimate to which this statement is attached.
It is more economical and/or expedient for Owner to contract this adjustment,or Owner is not adequately staffed or equipped
to perform the necessary work on this project with its own forces to the extent as indicate on the estimate.
Procedure to be Used in Contracting Work
X A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest
qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be
performed.
O 8. Solicitation for bids is to be accomplished by circulating to a list of pre-qualified contractors or known qualified
contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity
with the requirements and specifications for the work to be performed.Such presently known contractors are listed
below:
1.
2.
3.
4.
5.
[l C. The work is to be performed under an existing continuing contract under which certain work is regularly performed
for Owner and under which the lowest available costs are developed.(If only part of the contract work is to be done
under an existing contract,give detailed information by attachment hereto.)
O D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal
is attached to the estimate in order to obtain the concurrence of the State,and the Federal Highway Administration
Division Engineer where applicable,prior to taking action thereon(approval of the agreement shall be considered as
approval of such proposal).
Ei E. The utility • -•s and specifications,with the consent of the State,will be included in the construction contract
awa =-• by th• Stat- I”
4010
Id' 4/4. ►-- -�- 4,74,711-
Signaill Dat
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Title
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ATTACHMENT "E"
Utility Joint Use Acknowledgement
® Utility Joint Use Acknowledgement attached
hereto.
Form 1082
f • 1 ,
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I
UTILITY JOINT USE ACKNOWLEDGEMENT Form ROW-U-JUAA
(Rev.06/12)
. REIMBURSABLE UTILITY ADJUSTMENT Page 1 oft
a
U-Number: 14214
ROW CSJ: 2343-01-037 County: Nueces
District: Corpus Christi Highway: FM 2444
Federal Project No.: STP 2013(936)MM From: SH 286
Projected Highway Letting Date: 08/06/13 To: Oso Pkwy. Intersection
WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation
("TxDOT"), proposes to make certain highway improvements on that section of the above-indicated highway;
and
WHEREAS, the City of Corpus Christi , ("Utility"), proposes to adjust
or relocate certain of its facilities, if applicable, and 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 by the location map attached
hereto.
NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties
mutually agree as follows:
It is agreed that joint usage for both highway and utility purposes will be 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 compensable property interest vested
in the Utility within the above described area. If the facilities shown in the aforementioned plans need to be
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 highway improvements, or could endanger the traveling public
using said highway, TxDOT 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 public 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 TxDOT 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.
Initial D.te Initial Date *UJUAA*
TxDOT Utility
'
4. •
Form ROW-U-JUAA(Rev.06/12)
Page 2 of 2
If Utility's facilities are located along a non-controlled access highway, the Utility's rights of ingress and egress
to the through-traffic roadways and/or ramps are subject to the same rules and regulations as apply to the
general public.
Participation in actual costs incurred by the Utility 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.
Utility will, by written notice, advise TxDOT of the beginning and completion dates of the adjustment, removal, or
relocation, and, thereafter, agrees to perform such work diligently, and to conclude said adjustment, removal, or
relocation by the stated completion date. The completion date shall be extended for delays caused by events
outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war
(whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood
or other act of God, sabotage, or other events, interference by the State or any other party with Utility's ability to
proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention
thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility.
It is expressly understood that Utility 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 location of utilities
currently within 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 WHEREOF, the parties hereto have affixed their signatures.
UTILITY EXECUTION RECOMM ' a ED:
Utility: City of Corpus C.-' ���_
�—'— u istrict E - eer orp.s C ri,41 I strict
Nof
L'14
OP `//re' � THE STATE OF TEXAS
By: A' Tze. signat.re Executed and approved for the Texas
!! Transportation Commission for the purpose
Lw v]j and effect of activating and/or carrying out the
Print or Type Name orders, established policies or work programs
,��`�— heretofore approved and authorized by the
Title: e.v Texas Transport ion.
BY:
Date:
�/�6/(4-
lP (¢ for.. , O7. Division
i r/
Date: !—/14-2007
Initial Date Initial Date
TxDOT Utility
•
ATTACHMENT "F"
Eligibility Ratio
Eligibility Calculation and Ratio: See attachment
Attachement "F"
Utility: City of Corpus Christi
ROWCSJ: 2343-01-037 �.
CSJ: 2343-01-036
Type of Utility Total Length of adjustment in feet Compensable Length in feet Ratio
16" Water Line 2520 1800 71.43%
• gr , I
. 4 •
ATTACHMENT "G"
Betterment Calculation and Estimates
® No Betterment
Betterment - Estimated Cost for
Betterment attached hereto.
Force Betterment
The following are reimbursable items and
must be documented by the Utility:
• non-stock items that are uneconomical to purchase;
• Items to comply with governmental laws and
ordinances;
• appropriate regulatory commission codes;
• published, current design practices regularly
followed by the utility in its own work;
• Installment of replacement of equivalent, although
not identical;
• betterments for which there are direct benefits to,
and/or are required for, the transportation project.
i • a,. I 1
i •
ATTACHMENT "H"
Proof of Property Interest
The utility's compensable interest must be clearly documented and
supported by verifiable evidence, such as a recorded deed, easement,
and lease or license agreement with railroad. TxDOT reviews property
rights claimed by the utility to determine if a compensation
consideration or a property right exists before making an agreement to
adjust the utility's facilities. For compensable interests not covered
on this sheet, please contact your TxDOT utility liaison.
Deed, Easement, Lease, or License agreement with railroad
attached hereto is clearly documented with current utility
name to support utility's compensable interest claim.
❑ If a utility has documented support of a compensable interest
in a different utility's name, the utility must supply a "Chain of
Title" that clearly supports its claim of property interest for
compensable consideration.
n In situations where evidence of property interest is
inadequate to support a compensable interest, then the utility
must get the following Affidavits of Property Ownership
properly executed and notarized.
ROW-U-1A - (For Utility Owner)
ROW-U-1 B - (For Disinterested Party)
ROW-U-1 C - (For Property Owner)
t �t ,
•,
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WATER PIPELINE EASEMENT
STATE OFTEXAS 787646
CMINTY OF NUECES
THAT Mark P. Bratton, Trustee, "Grantor" , for and in consideration of the sum of
One and no/100 Dollar($1.00) to me in hand paid by the City of Corpus Christi, P.O.
Box 9277, Corpus Christi, Texas 78469, Nueces County, the receipt of which Is hereby
acknowledged,has granted and conveyed,and by these presents does grant and convey
unto the City of Corpus Christi, Texas, a municipal corporation duly Incorporated under
and by virtue of the laws of the State of Texas, Its successors, legal representatives, a
non-exclusive easement, of going in, on, over, and along a certain strip of land situated
in Nueces,County,Texas and being described as follows(the 'Easement Tract"):
FIELDNOTES for a 10.00 foot wide easement out of Section A and Section 31, Laureles Farm
Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County,
Texas.
COMMENCING at the centerline intersection of 80.00 feet wide F.M. Road 2444(Staples
Street) and 40.00 wide County Road 41;
THENCE East,with the centerline of F.M. Road 2444, a distance of 2680.00 feet;
THENCE North 40.00 feet to a point on the North right-of-way line of F.M. Road 2444
for the Point of Beginning and the Southwest corner of this easement;
THENCE North, 10.00 feet for the Northwest corner of this easement;
THENCE East, parallel with the centerline fo F.M. Road 2444 and 50.00 feet distant
therefrom, measured at right angles thereto, 1799.40 feet for the Northeast corner of this
easement;
THENCE South, 10.00 feet for the Southeast corner of this easement;
THENCE West, with the North right-of-way line of F.M. Road 2444, parallel with its
centerline and 40.00 feet distant therefrom, measured at right angles thereto, 1799.40 feet to
the Point of Beginning.
Together with the free ingress,egress,and regress accross and upon the
Easement Tract to and for the City of Corpus Christi, Texas,all for the purpose of owning
and keeping underground a water pipeline only and for the purposes of maintaining,
servicing, repairing and inspecting said water pipeline under, on and along the
Easement Tract.
TO HAVE AND TO HOLD,all and singular,the rights and privileges aforesaid with
respect to the Easement Tract to the City of Corpus Christi, Texas, its successors,and
legal representatives,for the proper use as a water pipeline easement for so long as used
for such purposes,and if the use of said easement and ways of said uses be ever
abandoned, then, in that event,the aforesaid rights and privileges shall cease.
The easement herein granted is non-exciuisive and Grantor reserves to Grantor
and Grantor's successors and assigns the right to use the Easement Tract for the
installation use, operation, repair, upkeep, replacement and subsititutlon of other
utility lines and services and for the uses which do not materially interfere with the
easement herein granted. This easement is conveyed by Grantor with special warranty of
title only, by, through and under Grantor only and not otherwise.
VOL 2340 PAGE 199
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WITNESS MY HAND THIS THE 2 day of JAK. , 1992.
rn
Llielleagagolok..)
Mark P. Bratton, Trustee
THE STATE OF TEXAS
COINTYOFMJECES
This instrument was acknowledged before me by Mark P. Bratton,Trustee.
This the 2 day of JAM . , 1992.
MOISES PEREZ M.
�� 9 V:10
MS
Notary Public in and for the State of Te My E p.Pm.$1133
- - - -
Accepted for the City of Corpus Christi, a municipal corporation and body politic under
the laws of the State of Texas, this f ' day rf avtC , 1992.
Carl Crull, P.E.
Director of Engineering Services
APPROVED: AS TO FORM,JAMES R.BRAY,JR.,CITY ATTORNEY
This the day of S-(A/1t A.aA , 1992.
By: ..92�'2a�t -��
ASSISTA City Attorney
H',son Cvxll/wa+.y
STATE OF TEXAS
COWTYOFNUECES
This instrument was acknowledged before me on C a'by Carl
Crull, P.E., as City Engineer for the City of Corpus risti,Tex , a Texas municipal
corporation on behalf of said corporation.
joutie,ouiii,
Notary Public In and for the State of Texas
CONNIE PARKS
Notify bilk
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City of Corpus Christi
P. O. Box 9277
CITY HALL — 1201 Leopard Street
Department of Engineering Services
PROPERTY & LAND ACQUISITION DIVISION
3R13. 1!LOOR, ROOM 3 —ZSA
Corpus Christi, Texas 78469-9277
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ATTACHMENT "I"
(To be used only for inclusion in Highway Construction Contract)
In the best interest of both the State and the Owner,the Owner requests the State to include the plans
and specifications for this work in the general contract for construction of Highway in the area, so
that the work can be coordinated with the other construction contract is to be awarded by the State to the
lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for
the work to be performed.
Utility: N/A
By:
Title:
Date:
0°uB C
o INFORMAL STAFF REPORT
U
'NCORPORPlEO
1852
MEMORANDUM
To: Ron L. Olson City Manager
toThru: Gustavo Gonzalez, P.E. ACM, Public Works & Util S
(n 23.v4
Thru: Daniel Biles, P tit Executive Director of Public W i r s
v.y3a-'`
Thru Natasha Fudge, P.E. ic..ting Director of Capital Programs
From: John Maggiore Project Manager— Capital Programs
Date: June 20, 2014
Subject: Execution of Standard Utility Agreement, Statement Covering Utility
Construction Contract Work and Utility Joint Use Acknowledgement (as
prepared by TxDOT) for the FM 2444 Utility Adjustments in conjunction
with the FM 2444 Highway Improvements
Issue
This memorandum is a request to execute two (2) original copies (attached) of the
documentation necessary to finalize the compensable package for the "TXDOT Participation
Projects - FM 2444 Water Line Adjustments — Task Orders Nos. 5 & 6 (City Project Nos.
E13109 and E13110)".
Background
The proposed TxDOT-administered roadway improvements for FM 2444 from SH 286 to Oso
Parkway Intersection necessitate the adjustment, removal, and/or relocation of utilities listed
as follows:
• Removal of approx. 2,600 LF of existing 16" water line & 43 LF of existing 12" water
line.
• Installation of approx. 2,600 LF of water line including system reconnections.
The construction for these above-listed water line improvements will be administered by the
City.
Being that the above identified water lines would not have to be adjusted unless otherwise
required by the State for their roadway improvements; the State will participate in the costs of
the adjustments, removal, and /or relocation of the above identified water lines to the extent
eligible. "Eligible" is defined as being within a legal easement at the time of the request.
The Standard Agreement Cost Estimate (included) as prepared by RVE, Inc., the licensed
engineer of record, is $704,931.81 with the cost eligible for reimbursement from the State of
$487,812.81. The City's portion of the cost is based on the percentage of the water line that
was not in an easement.
Assistant City Attorney, Veronica Ocanas reviewed the attached documents on June 19, 2014
and has found each to be acceptable for signature.
Conclusion
The start of construction of the FM 2444 roadway improvements is awaiting these utility
adjustments. The executions of these documents are a high priority in order to preclude
TxDOT from noticing the City for delaying the roadway improvements.
*.®
Texas Department of Transportation
125 EAST 11TH STREET I AUSTIN,TEXAS 78701-2483 I (512)463-8700 I WWW.TXDOT.GOV
August 19, 2014
CONTACT:Construction Office
U-Number: 14214 Corpus Christi District
ROW CSJ No.: 2343-01-037
County: Nueces
Highway: FM 2444
Limits: From: SH 286
To: OSO Parkway Intersection
City of Corpus Christi
1201 Leopard Street
Corpus Christi,TX 78401-2825
Attention: John Maggiore, P.E.
Dear Mr. Maggiore:
Attached for your files is one (1) executed copy of the utility agreement assembly. The adjustment is
71.43 percent reimbursable for all eligible cost. As noted in previous correspondence you are authorized
to proceed with the adjustment of your facilities on the above captioned project. If a Traffic Control Plan
is necessary, please be sure to submit the plan within a reasonable time frame to the Area Engineer for
review and approval. Martin Horst, the Area Engineer, may be contacted at (361) 808-2261.
The work must be completed to the State inspector's satisfaction and in accordance with the Texas
Department of Transportation (TxDOT) Utility Accommodation Policy. Please notify Richard Chauvette at
(361) 739-5954 48 hours prior to beginning your adjustment to provide for the inspection of this work.
Unsuitable excavation and excavation that is not needed for construction shall be known as "waste" and
shall become the property of the contractor, to be disposed of by him outside the limits of the right-of-way
or at a location approved by the engineer. The backfill will need to be placed in uniform layers six inches
in depth, with each layer compacted to a density comparable with the adjacent undisturbed soil.
Adequate provisions must be made to create a minimum of inconvenience to traffic and adjacent property
owners. Barricades and warning signs, and flagmen when necessary, shall be provided by the contractor
or the owner. It is understood that the implementation and maintenance of the traffic control plan shall be
the responsibility of the owner. All traffic control measures shall comply with the latest edition of the
Texas Manual on Uniform Traffic Control Devices for streets and highways.
The owner acknowledges and fully accepts responsibility and liability for the design, construction,
maintenance, and operation of this proposed improvement. Your office will need to coordinate your
relocation with the other utilities located on this project. Also, note that highway facilities shown as
proposed on TxDOT's plans may be installed prior to your adjustment. If during or after construction of
your facilities a modification is necessary due to a revision of the State plans, this office should be notified
prior to the implementation of the change.
With this notification of an approved agreement, billing statements for cost incurred may be forwarded for
processing. They will be reviewed in intervals of not less than thirty (30) days. All costs should be clearly
defined and indicated in a line item format that should match the items shown in the original cost
OUR GOALS
MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY
An Equal Opportunity Employer
estimate. All major items should be supported by contractor invoices. There will be a twenty(20) percent
retainer prior to final billing.
Your final billing will need to compare the estimated quantities and cost to the actual quantities and cost.
Then, an explanation of any overruns or underruns in the quantities or cost will need to be provided.
Also, submit with your final billing the date construction began and ended, and the address and telephone
number of the location where the records may be audited.
It is requested that your office complete this work as soon as possible. If you require the status of any
right-of-way acquisition or if there is a change in the scope of work or if you are unable to meet the
proposed schedule of relocation, please contact Richard Chauvette of this office, at (361 ) 739-5954.
Sincerely,
ichar auv
Utility Coordinator
Corpus Christi District
Utility agreement assembly
Attachment
cc: Martin Horst
2