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Araltroorrbion
Form ROW-U-35
(Rev.03/13)
Page 1
STANDARD UTILITY AGREEMENT
U-Number: 14220
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: Extending the 72" steel encasement
pipe on an existing 48"waterline crossing, 20' north, at highway Station 52+27. Minimum depth of cover shall be
6' ; 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.
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 th
2014-255
6/26/14 Initial Dat
TXDOT
INDEXED
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Form ROW-U-35
(Rev.03/13)
Page 2
Utility up to the 90%eligible cost. Intermediate payments rhall 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$N/A 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-1A, 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.
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.
cX
Initial to
`
Form ROW-U-35
(Rev.03/13)
Page 3
The signatories to this agreement warrant that each has th«authority to enter into this agreement on behalf of the
party represented.
UTILITY EXECUTION RECOMMEN' D:
Utility:
Ci oft ar•us_.ialli �L..�.
Name En31, er or us Ch •-1"1 istrict*
.0,40,„"eg 40110194
Authoriz d ignature
1 _ L. � � THE STATE OF TEXAS
A 1 '� Executed and approved for the Texas
Print.r ype Name
Transportation Commission for the purpose
and effect of activating and/or carrying out the
Title: ( 4- kartal_r orders, established policies or work programs
heretofore approved and authorized by the
/ a�o Texas Transportation o • . ••.
Date: CP ///
By: *.
Date: 7—/V-20/9
*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
( I
I 1
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ATTACHMENT "A"
Plans, Specifications, and Estimated Costs
® Estimated cost (No Betterment)
Estimated cost (Betterment)
Attachment "A"
STANDARD AGREEMENT COST ESTIMATE
U-NUMBER: U 14220
UTILITY: City of Corpus Christi
HWY: FM 2444
ROWCSJ: 2343-01-037
z T z r •g: Estimated Costs
x
0 0QTY Unit Price Amount
oi.w£, f< ""`e a -, .y y. ., - Tgz..,:'t' . : s.. _ :--:,;4-,-'!, # $ $
1 Project Manager HRS 110 S 165.00 $ 18.150.00
;n k' 2 Staff Engineer HRS 212 S 75.00 S 15,900.00
n F
-. '. 3 CAD Tech I HRS 152 5 90.00 5 13,680.00
s 5' 4 Office Tech HRS 33 $ 60.303 5 1.990.00
7o
TOTAL.ENGINEERING SERVICES $ 49.720.00
K 1 * 72"Steel Encasement Pipe(Welded Split Casing.Incl.Grout End Seal) LF 20 $ 430.88 $ 8,617.50
SUBTOTAL MATERIALS S 8,617.50
1 Superintendent HR 137 S 44.75 S 6.130.75
• 2 Operator HR 137 S 18.50 S 2,534.50
a 3 Welder FIR 137 S 15.25 S 2,089.25
• 4 Laborer HR 137 $ 12.00 S 1,644.00
SUBTOTAL CONTRACT LABOR $ 12.398.50
rl 1 N/A 0 S - S -
g 2 0 S - S -
3 0 $ - S -
• 4 0 $ - S -
o-
° 5 0 S - S -
1 CAT 325 Excavator DAY 10 S 1,227.00 5 12,270.00
2 CAT 924 Loader DAY 10 S 873.00 S 8,730.00
7.1
3 10 Yard Dump Truck DAY 5 S 873.00 S 4,365.00
5 4 Crew Cab Pick Up 4x4 DAY 10 S 184.00 S 1,840.00
5 Pipe Trench Safety DAY 10 S 24.75 S 247.50
SUBTOTAL EQUIPMENT $ 27.452.50
1 N/A 0 $ - S -
0 S - S -
g.
3 0 S - S -
r 4 0 S - S -
1 l0%City ONerhead EA 1 S 4,846.85 $ 4,846.85
2 NA EA 0 S - S -
a. 3 N/A EA 0 5 - S -
n SUBTOTAL OVERHEAD S 4.846.85
c
TOTAL PROJECT COST $ 103,035.35
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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RENSxIN DATE I BY DESCRIPRON REVISION DATE I DESCRWMN
TxDOT PARTICIPATION PROJECTS -
FM 2444 WATERLINE ADJUSTMENTS
` If TASK ORDER NO. 7 €
a S r $It IR 8
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REVISION I DATE I RY DESCRIPOON REV190N DATE BY DESCRIPTION
Tx
DOT PARTICIPATION PROJECTS — —
FM 2444 WATERLINE ADJUSTMENTS — P
A TASK ORDER NO. 7 v
A:
4 48" WATERLINE CROSSING
4 Ip PLAN & PROFILE E �CUMM � engineering..
78PE FIRM REO.NO.r-=
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.
,
ATTACHMENT "C"
Utility's Schedule of Work and Estimated Date of
Completion
Estimated Date to begin: September 2, 2014
Estimated Date of completion: October 1, 2014
Estimated number of days: 30
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.
• •
.
STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK
,r (AS APPEARING IN ESTIMATE)
Form ROW-U-48
;Rev.06/121
Page 1 of 1
U-Number: 14220
ROW(Si Number: 2343-01-037 District Corpus Christi
County: Nueces Highway No.: FM 2444
Federal Project No.: STP 2013(936)MM
I, Ao»elid 1_, D/so ,a duly authorized and qualified representative of
City of Corpus Christi,Texas ,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.
(l B. 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.
C 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.)
fl 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).
[] E. The utility pla and specific• ions,with the consent of the State,will be included in the construction contract
/;war. ' i. Aat.....40:kih.t
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Sign: Date
Ititior
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Title
*U48*
ATTACHMENT "E"
Utility Joint Use Acknowledgement
® Utility Joint Use Acknowledgement attached
hereto.
Form 1082
1 f
UTILITY JOINT USE ACKNOWLEDGEMENT Form ROW-U-JUAA
(Rev.06/12)
�... REIMBURSABLE UTILITY ADJUSTMENT Page oft
AoieU-Number: 14220
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 Dat jf Initial Date *UJUAA*
TxDOT Utility
i I r r
♦ A
i 1 i
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 RECOMMEND,
Utility: City of Corpus Christi
_ District Engineer,C. •us hristi
Na �" e�
j THE STATE OF TEXAS
By:
r ign.t Executed and approved for the Texas
Transportation Commission for the purpose
A♦ I.r_�� i� _ and effect of activating and/or carrying out the
Print or Type Name orders, established policies or work programs
A heretofore approved and authorized by the
Title: C, 411 Texas Transport:,;i•n . •• on.
By: /�/ _',
Date: (to/0-IP/14 ;erector, ight of W. ;ivision
Date: ;—/C1—_f/C/
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 Proposed ROW Width Compensable Length Ratio • -
Water line 40 0 40 100%
r
,
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.
1.
t
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.
❑ 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)
Doc# 24j03�Qpi21346
, •
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(� 1 j} �i Utility Easement
' + 4ru.7i d
Tit) STATE OF TEXAS §
COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS:
That the undersigned, "GRANTOR" (whether one or more), of
� f �
N i,ece Ot1N t 1 , in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, paid by the CtTY OF CORPUS CHRISTI, a Texas
Home Rule municipal corporation, 1201 Leopard Street, Nueces County, Texas 78469-
9277, ("GRANTEE") the receipt and sufficiency of which Is hereby acknowledged, has
GRANTED, SOLD, and CONVEYED, and does hereby GRANT. SELL, and CONVEY to
Grantee, its successors, legal representatives and assigns, the free and uninterrupted
use, liberty, privilege, and exclusive easement of going in, on, over, under, and along a
certain tract of land situated In Nueces County, Texas (the "Premises"), together with
free ingress, egress, and regress within said easement by Grantee, Its duly authorized
agents.servants, and franchisees,to be used from lime to time for the municipal purpose
of constructing, laying, operating, inspecting, Q^rvicing, repairing, maintaining, replacing,
keeping, and removing public utility lines (including above and below ground
appurtenances thereto)on, over, under, and along the Premises described in Exhibit"A"
and "B"attached hereto and adopted by this reference for all purposes. The provisions
in ADDENDUM attached hereto is incorporated into the text of this agreement and made
a part hereof.
GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a
Temporary Construction Easement described as an additional Fifty foot (50') wide
construction easement, west of and adjacent to the above-described utility easement.
Said temporary construction easement will be used for the purpose of providing working
room and storage of materials and machinery during the constructing or laying of the
initial public utility line under the terms of this grant. This Temporary Construction g.-I?' 7,eis
AO'
Easement automatically terminates upon completion and acceptance by the City rym
a
Manager of the City of Corpus Christi, Texas of the initial Lire laid or constructed. The t?a
t
location of the above-described utility,easement and temporary construction easement
are more particularly described by the plat identified as Exhibit "C" and "D" attached
hereto and adopted by this reference as a part hereof for all purposes.
The rights conveyed to the Grantee herein are easements only, and there is
reserved unto the Grantor, Grantor's heirs, executors, and assigns, the use and
enjoyment of the Premises subject only to the dominant right of the Grantee to the full
use and enjoyment of the same, without interference, for the purposes for which the
same are herein conveyed. The City of Corpus Christi shall,from time to time, after any
construction under the terms of this easement, restore the surface of land within the
easement areas as nearly as practicable to the same condition, as existed prior to such
construction. Grantee shall have no right to use any of Grantor's property outside the
easements herein conveyed.
This Easement may be executed in multiple counterparts with the same as if all
signatory parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
TO HAVE AND TO HOLD, ALL AND StNGULAR, the rights and privileges
aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives and
assigns, for the above-described utility easement and temporary construction easement
for the municipal purpose and uses herein above-described for so long as the same are
used for such purpose, and if the use of said csasement is ever abandoned, then the
aforesaid rights and privileges cease.
Signed in duplicate this 1414.day of42 t 1. 2003. I� �
Grantyr 4 lig=r},?
'DD....L.D
&) J Donald A. Ocker
4..plial........,.
e-tr, I' l 7 .32:1
Richard L. Ocker
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A. .D.Corpo Ion, a Texas corporation L t1
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By: 7 ��
Title. (tQ s .�,..fi $ 51
THE STATE OF !TE 1[A S §
COUNTY OF Illy BCe"'S §
§
This instrument was acknowledged . -,j me on A_ t ! 'L L. i .
2003,by Donald A.Ocker.
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N. /-. ;,f7rrrrralliliwiriir4a,
L N.J.WELSH IIIM+, � MrOOMMIY81ONe7SPIAss
THE STATE OF - -a X 6 5 § `' ° tat s
COUNTY OF (ilpele §
This Instrument was acknowl=.• be • e r eon L t/( I
2003,by Richard L.Ocker. ' 414
A
No = r,, n.rw� r.�:47:1;.►
66 N.J.WELSH,ilk
THE STATE OF , e fl 5 MYC & IONNW I7,2005
ewes
COUNTY OF X)tt&V6'ca §
2003,bym i��.G q Pdl acit�pw�ed d�before me on f
�J (l of
A.D.D.Corporation,a Texas corporation i
//A 'i
No '57F' 'a e of — AlGarii
7 `\ N.J.WELSH,II(
RI MYtIIMMdSIIONEXPIRES
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ACCEPTED for the City of Corpus Ch ti a mw cipaJ.co on and body politic under
the laws of the State of Texas on oo�S ,2003
Grantee
CITY OF CORPUS CHRIST!,TEXAS
P.O.Box 9277
City Hall, 1201 Leopard Street,THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi,Texas 78489-9277
George K.Noe
;f1-4----George
Manager t
ATTEST: ( 6 6
BY COUNCIL. ----
ARMANDO CHAPA, CITY SECRETARY
/9>YK-Sreir—
SECRET
APPROVED AS TO LEGAL FORM ON 411"1"-"7`"Y / / S ,2003
for the CITY ATTORNEY
Joseph Harney,Assistant Ity Attorney
City Legal Department
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
/ in nt was acknowledged before me on
r , 2003, by George K. Noe as Depot -City Manager for
the City .f Corpus Chris ,a Texas municipal ration,on behalf said corporation.
Notary Public, State of Texas
' CONNIE PARKS
NMry phot 1
STATE OF TEXAS
µyCaipn.Exp.11-09.2003
4 '�"'
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ADD UM
As part of the attached Utility Easement dated the#day of
2003,it is further provided that:
1. Grantee shall have no right to use any of Grantor's land outside the easements
conveyed and the recited consideration does not cover damages that might result
from any trespass outside the easements. Grantee agrees to also pay for damages
to crops occurring after completion of construction of the water pipelines; such
future damages are not covered by the above recited consideration.
2. Prior to commencing initial construction, Grantee will cause the outside
boundaries of the easements to be staked to provide notice of their extent and
location.
3. Grantee will bury and maintain all pipelines within the utility easement with a
minimum of thirty-six inches(36")of soil cover.
4. Grantee will install four (4) above-ground appurtenances in connection with this
phase of the waterline. Above-ground appurtenances will be marked
appropriately as shown on the construction plans. There will be no limitations on
the number of above-ground appurtenances for future line installations.
5. Grantee will use "double ditching" method of separating topsoil from subsoil.
Upon backfilling of trench, soils will be placed in reverse order with topsoil
placed as the top layer to its original depth. All excess soil and material from the
trench excavation, in addition to trash and refuse from construction, shall be
removed from Grantor's property. Upon completion of construction, the surface
of the easements shall be disked and raked so as to restore it to the same condition
as existed prior to construction or as reasonably possible.
6. Grantee's contractors shall be responsible for repair of any material settlement of
the trench backfill, which may occur within the permanent easement for up to one
year from completion and acceptance of the overall project. This provision does
not limit Grantee's obligations of surface restoration as provided on page two of
this document.
7. No water or sediment will be allowed to flow on the ground in connection with
this project. In the event of a rupture of the waterline or any future lines, Grantee
will have the right to repair damaged lands and pay for any lost crops. In the
event Grantee does not repair damage in a timely manner, then Grantor shall
repair damage and Grantee will reimburse Grantor for their cost.
8. Grantor reserves the right to use the surface in crossing the permanent easement.
Grantor may build roads and streets across the permanent easement, but may not
build roads or streets within and along the permanent easement.
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9. To the extent'allowed by the Texas Law, Grantee agrees to fully indemnitor, save
and hold harmless the Grantor, ("Indemnitee") against all liability, damage, loss,
claims, demands, and actions of any nature whatsoever on account of personal
injuries (Including, without limitation on the foregoing, workers' compensation
and death claims), or property loss or damage of any kind whatsoever,which arise
out of the use of the right-of-way or construction, installation, operation, use,
maintenance, repair, restoration, or removal of the improvements pursuant to this
agreement.
10. Grantee agrees to keep the waterline, future pipelines, and all above-ground
appurtenances in a neat and clean condition.
11. Grantor makes no warranty of title.
12. By execution of this Utility Easement instrument by Grantor, Grantor grants a
right-of-entry to Grantee for purposes of allowing Grantee's contractor to stake
out the outer limits of the right-of-way and for stockpiling sand and pipe within
the easement areas.
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Y RIMINI Job No.33760.9904
•
March 10,2002
N G l N E E R I NG Revised:August 26,2002
'—•— Revised;October 14,2002
- Revised:November 5,2602
(361)854-3101 P.O.BOX 6355 • CORPUS CHRISTI,TEXAS 78466-6355 FAX(361)854-6W1
TRACT 47
STATE OF TEXAS
COUNTY OF NUECES
Fieldnates for a 25.00 foot wide utility easement out of a 140 acre tract out of the Southeast 1/4 of Section 8,Laurdes
Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas;said 140 acre tract out
of the Southeast 1/4 of Section 8,Launeles Farm Tracts being the same Property conveyed in deed recorded in County Cledet
File No..763254,Volume 1272,Page 142,Deed Records of Nueces County;said utility easement being Author described as
follows:
Beginning at a point on the centerline of County Road 20A,a 40 foot wide right-oSway easement,acme being the
common boundary said 140 acre tract out of the Southeast 1/4 of Section 8 and of the North 1/2 of Section 8,Lairreae!Farm
Tracts(County Clerk's Pile No.425792,Volume 680,Page 328,Deed Records of Nueces County),for the northeast corner of
this easement,front which northeast comer the southeast comer of said North 1/2 of Section 8,Lawuies Farm Tracts and the
northeast corner of said 140 acre tract,bears North 89°11'38"East 45.00 abet and from which southeast corner of this easement
a found 1 inch iron pipe bears North 89°11'38"East 45.56 feet and fern which Point of Beginning a National Geodetic Survey
monument stamped"SR-110"bears North 20°38'03"Bast 8758.72 feet;;
Thence,South 00°49108"East,with the east boundary of this easement,parallel with the common boundary of said
Sections 7 and 8 and 45.00 ibet distant therefrom,measured at right angles thereto,a distance of 2640.13 feet to the common
boundary of Sections 8 and Section 39,said Lauretes Farm Tracts,same being the common boundary of said 140 acre tract and
a 180 acre tract out of the North 1/2 of Section 29,Laureles Farm Tract(County Clerk's File No.407244,Volume 649,Page
251,Deed Records of Nueces County),same being the common section llmo between said Sections 8 and 29,for the southeast
corner of this easement,from which corner the common comer of Sections 7,8,29 and 30,said Laurelea Farm Tracts,same
being the northeast corner of said 180 acre tract and the southeast corner of said 140 acre tract bears North 89°10'52"East
45.00 feet;
Thence,South 89°10'52"West,with the common boundary of said 140 acre tract and said 180 acre tract,same being
the south boundary of this easement,25.00 feet fbr the southwest corner of this easement~• '
Thence,North 00°49'08"West,with the west boundary of this easement,paiallat with the common boundary of said
. Sections 7 and 8 and 70.00 fbet distant therefrom,measured at right angles thereto,a distance of 2640.14 feet to the
a>brementioned common boundary of said North 1/2 of Section 8 and said 140 acre tract fbr the northwest corner of this
easement;
Thence,North 89°10'38"East,with the common boundary of said North 1/2 ofSection 8 and of said 140 acre tract,
same being the north boundary of this easement,25.00 fret to the Point of Beginning and coptahhing 66,003.430 square feet of
land
Bearings based on UPS bearings,NAD83,Texas South Zone. National Geodetic Survey monuments"SR-110"
(North coordinate=17,140,754.1680 East coordinate=1,331,010.0090)and"SQ-180"-(North coordinate=17,168,372.5600
East coordinate=1,293,612.9130)were used as control points for establishing basis of bearing. Coordinates shown are based
on Texas State Plane Coordinate System,South Zone(NAD83).
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_ - EXHIBIT A
' s ' • ' • ;• I L.
I �•��� Job c ,200.9904
! March
100,2002
' • Revised:August 26,2002
E,NG I N E ERING Revised:October 14,2002
Revised:November 5,2002
(361)854-8101 P.O.BOX 6355 • CORPUS CHRISTI,TEXAS 78466-6356 FAX(361)854-6001
TRACT 48
STATS OF TEXAS
COUNTY OF NUKES
Fieldnotes for a 25.00 foot wide utility int out of a 180 acre tract out of the North 12 of Section 29,Lorelei
Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records of Names County,Texas;said 180 acre tract out
of the North 1/2 of Section 29,Laureles Fame Tracts being the same•property conveyed in deed recorded in County Clerk's
Ffe No.407244,Volume 649,Page 251,Deed Records of Nueoos County;said utility easement being limiter described as
follows:
Beginning at a point on the common boundary of said 180 acre tract and of a 140 acre tract out of the Southeast 1/4 of
Section 8,Laureles Farm Tracts(County Clerk's File No.763254,Volume 1272,Page 142,Deed Records of Nueces County),
for the northeast corner of this easement,front which northeast canner the southeast corner of said 140 acre tract and the
northeast corner of said 180 acre tract,same being the common corner of Sections 7,8,29 and 30,said Lunges Farm Tracts,
bears North 89°10'52"East 45.00 feet and from which Point of Beginning a National Geodetic Survey monument stamped
"SR-110" bears North 15°42'49"East 11,257.43 feet;
Thence,South 00°49'08"East,with the east boundary of this easement,parallel with the common boundary of said
Sections 29 and30 and 45.00 feet distant therefrom,measured at right angles thereto,2580.15 feet to the existing north right-
of-way line of F.M.Road 2444,as momrmented on the ground,for the southeast corner of this easement,froom which corner a
bent 1-12 inch iron pipe found at the intersection of said common boundary and the centerline of F.M.Road 2444 bears South
00°49'08"East,at 20.00 feet pass the north boundary of a 40 foot wide right-of-way easement recorded Volume 603,Page
181,Deed Records of Nueces County,in all a total distance of 60.00 Ret to the common boundary of said 180 acre tract and
the South 1/2 of Secdon 29,Laureles Farm Tract,same being the centerline of F.M.Road 2444,and thence North 89°10'20"
East,with said centerline,45.00 fleet;
Thence,South 89°10'20"West,with the existing north boundary of F.M.Road 2444,same being the south boundary
of this easement,parallel with the centerline of said P.M.Road 2444 and 60.00.feet distant there from,measured at light angles
thereto,25.00 fiat for the southwest corner of this easement;
Thence,North 00°49'08"West,with the west boundary-of this caseaent,parallel with the common boundary of said
Sections 29 and 30 and 70.00 feet distant therefrom,measured at right angles thereto,2580.16.feet to the afbremenioned
common boundary of said 180 acre tract and said 140 acre tract for the northwest corner of this easement;
Thence,North 89°10'52"East,with the common boundary ofsaid 180 acre tract and said 140 acre tract,Same being
the north boundary of this easement,25.00 feet to the Point of Beginning and containing 64,503701 square feet of land.
Bearings based on OPS bearings,NAD83,Texas South Zone. National Geodetic Survey monuments"SR-110"
. (North coordinate•17,140,754.1680 East coordinate=1,331,010.0090)and"SQ-180"(North coordinate,.17,168,372.5600
East coordinate•1,293,612.9130)were used as control points for establishing basis of bearing. Coordinates shorn are based
on Texas State Plane Coordinate System,South Zone(NAD83).
Ji ENG a i V:• i dol
JU J.SALAZAR,R.P.L.S.
SALAZAB ) License No.4909
4909
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Doc* 2003021346 ' -
# Pages 11
94/28/2993 e1:34:1e AN
Filed 4 Recorded in �g `
NffiB COUNUNTY ds of
COUNTY CLERK BRIDES
C'1 "CP ERNEST N.
Fees $29.99 Q G C ,
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STATE of TEXAS —1 0
COUNTY OF NUECES
I hereby certify that is instrument was FILED In Fite Number on
Sapience thm A
ence on Mie date and at Me time stamped hereind ereC •�'
was duly RECORDED,in the Wide Pubic R of .and
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Names County.Texas ie 2-461
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NUECES COUNTY, TEXAS N O -
of Medescribe/Mr Mb*beret
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REAL PROPERTY Meuse et Race.CWor
Religion.Sex.Haorticap,haft
and neeaSlabMOin,Invalid to
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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:
us
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��� aA INFORMAL STAFF REPORT
PeZier mire
g
1852
MEMORANDUM
To: Ron L. Olson City Manager
Thru: Gustavo Gonzalez, P.E. ACM, Public Works & Utiliti4�'
Thru: Daniel Biles, P.E010 Executive Director of Public Works
Thru Natasha Fudge, P.E. Acting Director of Capital Programs
From: John Maggiore ��yl " 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 No. 7 (City Project No. E13111)".
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:
■ Extension of a 72" steel encasement pipe on an existing 48" water line crossing.
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 $102,997.40 with the cost eligible for reimbursement from the State of
100%. The State will pay for all costs based on these improvements being 100% within a
legal 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
TxDOTtfrom 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: 14220 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
1204 Leopard Street
Corpus Christi, TX. 78401-2825
Attention: Mr. John Maggiore, P.E.
Dear Mr. Maggiore:
Attached for your files is one (1) executed copy of the utility agreement assembly. The adjustment is 100
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. T
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
defined and indicated in a line item format that should match the items shown in the original cost
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,
ar ave to
Utility Coordinator
Corpus Christi District
Utility Agreement Assembly U-14214
Attachment
cc: Martin Horst, P.E.