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HomeMy WebLinkAboutContract 51143 V CITY SECRETARY RFS CONTRACT NO. I � O C No 0Walker-Calloway Branch Outfall Trunk Sewer System, Phase 1 �g99ry & Calloway Branch Outfall Trunk Sewer N. R. No. W180306 Permit No. 1136 PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN FACILITIES WITHIN TRINITY RIVER AUTHORITY OF TEXAS EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT the TRINITY RIVER AUTHORITY OF TEXAS (AUTHORITY), a conservation and reclamation district created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as amended pursuant to Article XVI, Section 59 of the Texas Constitution,with its principal office at 5300 South Collins Street,Arlington, Tarrant County, Texas 76018;for and in consideration of TEN AND NO/100 DOLLARS($10.00)and other good and valuable consideration to AUTHORITY in hand paid by CITY OF FORT WORTH (PERMITTEE), whose address is 200 Texas Street, Fort Worth, Tarrant County,Texas, 76102, the receipt of which by AUTHORITY is hereby acknowledged, has given and does by these presents give PERMITTEE a permit subject to performance of the obligations herein to enter upon and to construct, operate, maintain, inspect, patrol, repair, replace and remove a 12-foot concrete trail and 0.68' of cut ("Facilities") crossing above the AUTHORITY's proposed Walker-Calloway Branch Outfall Trunk Sewer System, Phase 1 at approximate station 9+40; and crossing above the AUTHORITY'S existing Calloway Branch Outfall Trunk Sewer at approximate station 8+00; with all necessary appurtenances thereto, over, across, under and through that certain land described and located in Tarrant County, Texas as described and depicted in Exhibits A through D, attached hereto and made a part hereof. This Permit is limited to the AUTHORITY'S easement rights in the subject Property, hereafter defined, and the AUTHORITY does not warrant title thereto. This Permit and the herein described requirements shall be incorporated into PERMITTEE'S construction plans for said Facilities. 1. PERMITTEE agrees not to begin construction prior to August 2018 and until the Walker-Calloway Phase 1 Interceptor is installed, tested, and accepted by the AUTHORITY. 2. PERMITTEE agrees to convene a preconstruction meeting at least 72 hours prior to PERMITTEE'S construction or modification of the Facilities. The preconstruction meeting shall include, but shall not be limited to, the appropriate AUTHORITY personnel, PERMITTEE and PERMITTEE'S engineer and construction contractor. PERMITTEE shall contact the Collection System Group, Central Regional Wastewater System at (972) 975-4321 in order to schedule the meeting. 3. PERMITTEE'S construction, operation and modification of the Facilities shall conform to construction plans entitled "Trinity Trails East," as prepared by Stephen B. Crawford, P.E. No. 89249, Halff Associates, Inc. and dated August 9, 2017. In the event that the above-referenced construction plans conflict with any regulation or statute,then said regulations and statutes shall be controlling. 4. PERMITTEE agrees to require all of its contractors and subcontractors to abidkN5 CITY SECRETARY FT.WORTH,TX � of this Permit and shall furnish evidence of such compliance to the AUTHORITY. 5. PERMITTEE is self-insured. PERMITTEE's contractors and/or subcontractors shall obtain, prior to the beginning of construction, insurance coverage as required under state law. 6. PERMITTEE agrees that any soil erosion within AUTHORITY'S easement which is caused by PERMITTEE'S activities shall be immediately repaired by PERMITTEE at the sole expense of PERMITTEE. 7. PERMITTEE and its Contractors and Subcontractors shall exercise extreme diligence while working in the area of AUTHORITY'S pipelines and facilities(all referenced herein as"Property"). In the event that AUTHORITY'S Property becomes damaged, eroded, fractured or broken as a result of PERMITTEE'S activities and/or Facilities, PERMITTEE shall coordinate expeditious repair with AUTHORITY immediately thereafter, at PERMITTEE'S sole cost. 8. PERMITTEE shall field verify the vertical and horizontal alignment of AUTHORITY'S facilities prior to the start of construction. 9. Any pipeline bedding material, which is disturbed by PERMITTEE'S activities, shall be replaced by PERMITTEE with new material in accordance with the AUTHORITY'S as-built drawings. All AUTHORITY facilities shall remain adequately supported at all times during PERMITTEE'S construction activities. 10. PERMITTEE shall ensure that AUTHORITY is provided with access to AUTHORITY'S existing manholes and pipelines at all times during PERMITTEE'S construction, operation and maintenance activities. 11. Any modifications to PERMITTEE'S construction plans which contradict this Permit must be submitted to the AUTHORITY for review and written approval prior to PERMITTEE'S construction activities. Any such review and approval shall be at no additional cost to PERMITTEE. 12. Any trenching activities across AUTHORITY'S pipeline shall be supervised by an individual qualified and knowledgeable in the areas of soil analysis,trenching procedures and all federal,state and local trenching regulations. 13. AUTHORITY retains all rights granted in the relevant conveyance to the AUTHORITY'S, including, but not limited to, the right to perform inspection, maintenance and repair of AUTHORITY'S Property and the right to construct, operate and maintain future pipelines and/or facilities. 14. AUTHORITY acknowledges that the consideration paid by PERMITTEE is full and final payment for all rights granted herein. 15. PERMITTEE shall clean up and remove all trash and debris, repair and replace fences and repair other damages caused by said construction, operation and maintenance. 16. PERMITTEE agrees to obtain any and all permits and licenses from the State of Texas,the United States of America, or an agency or instrumentality thereof, or from another governmental authority necessary or proper for the performance of PERMITTEE hereunder. Furthermore, PERMITTEE agrees to comply with all laws, federal, state and municipal, of every type and kind affecting the Facilities. 17. Upon completion of construction and installation of the permitted Facilities and subsequent Permit No. 1136 Page 2 initiation of operation and maintenance responsibilities, PERMITTEE will notify AUTHORITY of the date the installation was completed. If the Facilities are not installed within two (2) years from the date hereof, this permit shall terminate and all rights of PERMITTEE granted herein shall be null and void. Additionally, if PERMITTEE ceases to use its Facilities for 12 consecutive months, then all rights of PERMITTEE hereunder shall terminate and all rights of PERMITTEE granted herein shall be null and void. 18. PERMITTEE agrees that its Facilities shall be installed and maintained free of material defects. PERMITTEE will operate and maintain said Facilities in a reasonable and prudent manner so as not to cause or let exist conditions which might pose an unreasonable risk of damage or pollution to AUTHORITY or AUTHORITY'S Property. 19. PERMITTEE agrees to provide the AUTHORITY with two sets of as-built construction plans complete with plan, profile and detail sheets, within 180 days after the construction has been completed and accepted by PERMITTEE. 20. PERMITTEE agrees that in the course of operation and maintenance of its Facilities, if it becomes necessary to replace or relocate the Facilities, AUTHORITY approval shall be required prior to said replacement or relocation of the Facilities. 21. PERMITTEE shall not construct additional permanent facilities and/or structures within the AUTHORITY'S existing permanent easement boundaries without AUTHORITY'S prior written consent. 22. PERMITTEE shall not plant trees and/or shrubs within the AUTHORITY'S existing permanent easement areas without first obtaining written authorization from the AUTHORITY. PERMITTEE further agrees that if future repair and/or maintenance to AUTHORITY'S facilities require the removal of any vegetation, PERMITTEE shall be solely responsible for all costs related to the removal, replacement and/or replanting of said vegetation, including trees or landscaping. 23. The rights and privileges herein granted shall be binding upon and inure to the benefit of AUTHORITY and PERMITTEE, respectively, and to their respective successors and assigns. PERMITTEE shall not assign its rights hereunder without obtaining the prior written consent of AUTHORITY to such assignments. 24. In the event that the AUTHORITY, is unable to remove, repair, operate or maintain any AUTHORITY Property, equipment or facilities due to the location of the PERMITTEES Facilities,or if the placement of the PERMITTEES Facilities makes removing, repairing, operating and maintaining AUTHORITY Property, equipment and facilities impractical, then the PERMITTEE or PERMITTEE'S successors and assigns, shall be notified in writing by AUTHORITY. AUTHORITY and PERMITEE agree to work together in good faith to relocate PERMITTEES Facilities as may be reasonably necessary to allow AUTHORITY to complete work on its Property. If AUTHORITY must perform emergency repairs to its facilities,AUTHORITY shall have the right to immediately remove PERMITTEES Facilities at any time. 25. Subject to the limits of Texas law, and without waiver of immunities or defenses afforded thereby, PERMITTEE shall defend, indemnify and hold harmless the AUTHORITY and its officers, agents and employees, from and against all damages, claims, losses, demands, suits,judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the construction, operation or maintenance of the PERMITTEES facilities, provided that such damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses are caused in whole or in part by any intentional act or negligence or omission of the PERMITTEE or anyone directly or indirectly employed by the PERMITTEE or anyone forwhose acts Permit No. 1136 Page 3 PERMITTEE may be liable, regardless of whether or not such damages, claims, losses, demands, suits,judgments and costs, including reasonable attorneys'fees and expenses are caused in part by a party indemnified hereunder. 26. It is expressly understood and agreed that in the execution of this Permit, no party waives nor shall be deemed to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 27. This Permit shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. In the event that any legal proceeding is brought to enforce this Permit, or for breach of this Permit,the same shall be brought in Tarrant County, Texas. 28. It is expressly understood that all rights, conveyances or covenants are herein written, and no verbal agreements of any kind shall be binding or recognized or in any way modify this instrument. 29. It is further understood and agreed that this Permit is offered and accepted without covenants or warranties of any kind by the AUTHORITY, either express or implied, including warranty of title. 30. The representatives of AUTHORITY and PERMITTEE who have executed this Permit represent and warrant that they have full power and authority to execute and deliver this Permit and to bind the AUTHORITY and PERMITTEE to their respective obligations hereunder. Permit No. 1136 Page 4 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRNT § Before me, the undersigned authority, on this day personally appeared Fernando Costp�,Cr,� Assistant City Manager of the CITY OF FORT WORTH, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity stated therein and as the act and deed of said corporation. Given under my hand and seal of office on this fl/ day of J- 12018. TRIKINYA L. JOHNSON SPP P, rz �S Notary Public,state of Texas Comm. Expires 04-17-2022 ,;rFOF +sNotary ID 1238832-0 taryi`ublic,4Notate of Texas ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared J. KEVIN WARD, General Manager, TRINITY RIVER AUTHORITY OF TEXAS, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said agency. Given under my hand and seal of office on this lk day of , 2018. s LAURA L CAUGHEY NOTARY PUBLICSTATE OF TEXAS Notary ublic, State of Texa MYCOMM.EXP.7/28/19 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX N Permit No. 1136 EXHIBIT 'vAa' Page 1 PERMIT REQUEST FORM TRINITY RIVER AUTHORITY OF TEXAS NORTHERN REGION PROJECTS FOR TRA USE ONLY: NORTHERN REGION NUMBER: , PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN NUMBER: f PERMIT TO CONSTRUCT NUMBER: PERMIT TO OPERATE AND MAINTAIN NUMBER: 1. LICENSEE INFORMATION A. ISSUE PERMIT FOR (CHECK ONE) ❑ (1) CONSTRUCTION TO: ® (2) , CONSTRUCTION, OPERATION AND MAINTENANCE TO: City of Fort Worth NAME/TITLE/COMPANY 4200 South Freeway#2200 STREET Fort Worth TX 76115 CITY STATE ZIP CODE TELEPHONE CONTACT: Clarence Bryant (817) 392-7372 NAME AND TELEPHONE NUMBER B. ISSUE PERMIT FOR OPERATION AND MAINTENANCE TO: (ONLY IF ITEM 1 IS CHECKED ABOVE) NAME/TITLE/COMPANY STREET CITY STATE ZIP CODE TELEPHONE CONTACT: NAME AND TELEPHONE NUMBER C. AUTHORIZED ENGINEERING OR ARCHITECTURAL FIRM: Halff Associates Inc. FIRM NAME Stephen Crawford, PE, CFM (214) 217-6605 (214) 739-0095 CONTACT NAME TELEPHONE NUMBER FAX NUMBER 1201 North Bowser Road STREET ' Richardson TX 75081 CITY STATE ZIP CODE Revised October 31, 2016 Page 2 PERMIT REQUEST FORM Trinity River Authority of Texas Northern Region Projects D. LICENSEE'S PROJECT NAME: Trinity Trails East SUBMITTED BY: Halff Associates Inc. DATE: 03-05-2018 TELEPHONE NUMBER: (214) 217-6605 RETURN TO: Halff Associates Inc. DATE OF PLANS: 8/9/2017 PROPOSED PROJECT START DATE: 4/2/2018 II. LOCATION OF PROPOSED PROJECT NOTE: DETAILS CONCERNING TRA PIPELINES ARE AVAILABLE FROM THE INDIVIDUAL TRA PROJECT BUT SHOULD BE FIELD VERIFIED PRIOR TO SUBMITTAL. PROJECT: (CHECK ONE) ❑ Central Regional Wastewater System - CRWS ❑ Ten Mile Creek Regional Wastewater System - TMCRWS ❑ Tarrant County Water Supply Project - TCWSP ❑ Red Oak Creek Regional Wastewater System - ROCRWS ❑ Denton Creek Regional Wastewater System - DCRWS ❑ Mountain Creek Regional Wastewater System - MCRWS Walker Calloway Branch Outfall Trunk Sewer-WCBOTS TRA PIPELINE: Proposed Walker-Calloway Branch Outfall Trunk Sewer (42" Pipe) III. PROPOSED MODIFICATION A. UTILITY CROSSING: SIZE IN. TYPE CLEARANCE (FT.)' TRA FACILITY2 TRA STATION #3 Revised October 31, 2016 Page 3 PERMIT REQUEST FORM Trinity River Authority of Texas Northern Region Projects B. PAVEMENTS: STREET NAME, DRIVEWAY, CLEARANCE TRA FACILITY2 TRA STATION#3 SIDEWALK, TRAIL, PATH, ETC. (FT.)4 Prop. 42"Walker- East Trinity Trails (Trail) 5. , FT (Bottom) Calloway Branch N/Ai 5.76 FT (Top) (Proposed Line) Outfall Trunk Sewer C. FILL: MAXIMUM AMOUNT FINAL ELEV. (FT) TRA FACILITY2 TRA STATION#3 OF FILL (FT.) (MEAN SEA LEVEL ' D. EXCAVATION: MAXIMUM AMOUNT FINAL ELEV. (FT) TRA FACILITY' TRA STATION#3 OF CUT (FT.) (MEAN SEA LEVEL ' 0.26 FT. (To Top of Trail) 490.10 (Top) Prop. 42"Walker- NIA 0.68 'FT (To Bottom of Trail) 489.68 (Bottom) Calloway Branch (Proposed Line) Outfall Trunk Sewer Revised October 31, 2016 Page 4 PERMIT REQUEST FORM Trinity River Authority of Texas Northern Region Projects E. MANHOLE ADJUSTMENT: HEIGHT ADJUSTED (FT.) FINAL ELEV. (FT) TRA FACILITY" TRA STATION #3 MEAN SEA LEVEL ' F. MISCELLANEOUS: TRA FACILITY2 TRA STATION #3 IV. ATTACHMENTS ® PLANS AND PROFILES ® LOCATION MAPS ❑ DEEDS to the affected property (as recorded in County Deed Records) NOTE: PLEASE SEE ATTACHED GENERAL INFORMATION SHEET FOR TRA PROJECT ADDRESSES FOR SUBMITTAL OF COMPLETED FORM. TRA USE ONLY PROJECT FILE NUMBER �o REVIEWED BY PROJECT STAFF W10 A DATE OF REVIEW -3 APPROVED BY R 0��'Owj'— DATE OF APPROVAL J /? I i z ' The number of feet between the proposed modification and TRA'S facility. The clearance should indicate 4 the modifications are to be above, below or next to TRA's facility. 2 Pertains to wastewater interceptors, water pipelines, meter stations, lift stations, etc. TRA facility plans may be obtained from the appropriate Project. 3 TRA station numbers can be obtained from the appropriate Project as-built construction plans and must be included on the Permit Request Form. Revised October 31, 2016 L �tV U O va a1o �' mo Wiwi �11a Zo �Naoo LAN t q N a F-- ai ' $ N � S _ mO m O In (1S 3Zm m m r O In o A' +9 d1 3n l H 1dvi o C,0 ac�i3oaa fid, ��� •f � � fiP /`1 l7 G jAV-Md. 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Murray s Assistant City Attorney , ted,'•.• •,•� _ Form 1295: N/A CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all pellormance and reporting requirements. C._ earn if:V4T e: .�tyo>�T Akoe�}� ary J. y er, City Secretary A TESTED BY: OF P0 � r LSb� <, Mary J. Kayser City ry Secret � �a 0 Contract Authorization: No M&C Required S OFFICIAL RECORD CITY SECRETARY FT.WORTH TX Permit No. 1136 Page 5 — E d o 0— CR Wp E■ m0 �aY fie,, yyCC��9 lh €x_bo N wa�8a v x C3 z io C5 W LL W E W B�j a 1 22`y 0 o m 2 ul O Vl U � W H to cr O (L J W i' co U T 2 .4 a U x c $ m 3 ILLL, Lu W - m ; LLL LL T m m � o ` o a w` - � w m 1� a m m 2 c � ro rn a $ Q6 8 A d S t